Poisons Amendment Act (No. 2) 2009 (TAS)

Poisons Amendment Act (No. 2) 2009

An Act to amend the Poisons Act 1971

[Royal Assent 12 November 2009]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1Short titleThis Act may be cited as the Poisons Amendment Act (No. 2) 2009 . 2CommencementThis Act commences on the day on which this Act receives the Royal Assent. 3Principal ActIn this Act, the Poisons Act 1971 is referred to as the Principal Act. 4Section 26 amended (Sale and supply of potent substances and hazardous and medicinal poisons) Section 26 of the Principal Act is amended as follows: (a) by omitting from subsection (1) "A" and substituting "Subject to section 47A , a"; (b) by omitting from subsection (1B) "A" and substituting "Subject to section 47A , a". 5Section 47 amended (Sale and supply of narcotic substances, prohibited plants, and prohibited substances) Section 47(1) of the Principal Act is amended by omitting "A" and substituting "Subject to section 47A , a". 6Sections 47A and 47B insertedAfter section 47 of the Principal Act , the following sections are inserted in Division 2: 47AAdministration of medicinal poisons and potent, restricted and narcotic substances (1)  This section applies to the following: (a) medicinal poisons; (b) potent substances; (c) restricted substances; (d) narcotic substances. (2)  Notwithstanding section 26(1) and (1B) and section 47 , the regulations may – (a) allow for any poisons or substances to which this section applies to be administered by such persons in such circumstances as the regulations prescribe; and (b) prescribe conditions and restrictions in respect of such administration. (3)  In this section "administer" includes making available for self-administration. 47BReview of regulations The Minister is to ensure that an independent review of regulations made under section 47A is undertaken and is commenced not earlier than 2 years after, but not later than 3 years after, the commencement of this section. 7Part 5A renumbered Part 5A of the Principal Act , as inserted by the Poisons Amendment (Poppy Advisory and Control Board) Act 2008 , is renumbered as Part VB. 8Sections 59A to 59G renumberedSections 59A, 59B, 59C, 59D, 59E, 59F and 59G of the Principal Act, as inserted by the Poisons Amendment (Poppy Advisory and Control Board) Act 2008 , are renumbered as sections 59G, 59H, 59I, 59J, 59K, 59L and 59M respectively. 9Section 59G amended (Interpretation) Section 59G of the Principal Act is amended by omitting "section 59B(1)" from the definition of Board and substituting "section 59H(1)". 10Schedule 1 amended (Membership of Poppy Advisory and Control Board) Schedule 1 to the Principal Act is amended as follows: (a) by omitting " section 59B " from the definition of Board in clause 1 and substituting " section 59H "; (b) by omitting " Part 5A " from the definition of Minister in clause 1 and substituting " Part VB "; (c) by omitting from clause 2 " section 59B(2)(a) " and substituting " section 59H(2)(a) "; (d) by omitting from clause 6(1) " section 59B(2)(a) " and substituting " section 59H(2)(a) "; (e) by omitting from clause 6(2) " section 59B(2)(a) " and substituting " section 59H(2)(a) "; (f) by omitting from clause 7(1) " section 59B(2)(a) " and substituting " section 59H(2)(a) "; (g) by omitting from clause 7(2) " section 59B(2)(a) " and substituting " section 59H(2)(a) ". 11Schedule 2 amended (Meetings of Board) Clause 1 of Schedule 2 to the Principal Act is amended as follows: (a) by omitting " section 59B " from the definition of Board and substituting " section 59H "; (b) by omitting " Part 5A " from the definition of Minister and substituting " Part VB ". 12Repeal of legislationThis Act is repealed on the ninetieth day from the day on which it commences.

[Second reading presentation speech made in:

House of Assembly on 6 OCTOBER 2009

Legislative Council on 29 OCTOBER 2009]