Poisons Amendment (Narcotics) Regulations 1998
I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Poisons Act 1971 .14 December 1998
G. S. M GREEN
Governor
By His Excellency’s Command,
J. L. JACKSON
Minister for Health and Human Services
1Short titleThese regulations may be cited as the Poisons Amendment (Narcotics) Regulations 1998 . 2CommencementThese regulations take effect on the day on which their making is notified in the Gazette. 3Principal RegulationsIn these regulations the Poisons Regulations 1975 are referred to as the Principal Regulations. 4Regulation 2 amended (Interpretation)Regulation 2 of the Principal Regulations is amended as follows: (a) by omitting the definition of "exempted narcotic substance"; (b) by omitting the definition of "health professional" and substituting the following definition: health professional means – (a) a dentist; and (b) a medical practitioner; and (c) a pharmaceutical chemist; and (d) a registered nurse; and (e) a veterinary surgeon; 5Regulation 15 amended (Prescribing and supply of narcotic substances)Regulation 15 of the Principal Regulations is amended as follows: (a) by omitting from subregulation (5)(iv) "and (7)"; (b) by omitting subregulation (7) and (7A). 6Regulation 17 amended (Dispensing of narcotic substances (S8))Regulation 17 of the Principal Regulations is amended as follows: (a) by omitting subregulation (2) and substituting the following subregulation: (2) If a prescription for a narcotic substance directs that the substance be dispensed more than once – (a) the person responsible for dispensing the substance must retain the prescription at the place at which the substance is dispensed; and (b) any subsequent dispensing of the substance must be from the same place as the original dispensing. (b) by omitting from subregulation (2A) "an exempted" and substituting "a"; (c) by omitting from subregulation (2B) "exempted", wherever occurring; (d) by omitting from subregulation (7) "is for an exempted narcotic substance and"; (e) by omitting from subregulation (8) "an exempted" and substituting "a"; (f) by omitting from subregulation (9)(d) "in the case of an exempted narcotic substance"; (g) by omitting from subregulation (12) "an exempted" and substituting "a"; (h) by omitting subregulation (13); (i) by omitting from subregulation (18) "an exempted" and substituting "a"; 7Regulation 28 amended (Destruction of narcotic substances prohibited)Regulation 28 of the Principal Regulations is amended as follows: (a) by omitting paragraphs (e) and (f) of subsection (2) and substituting the following paragraph: (e) by any two health professionals working jointly to destroy the narcotic substance. (b) by inserting after subregulation (3) the following subregulation: (4) A health professional who destroys, or works jointly with another health professional to destroy, a narcotic substance must complete a narcotic substances register in accordance with regulation 12 in respect of that substance.Penalty: Fine not exceeding 10 penalty units.
8Regulation 28A rescindedRegulation 28A of the Principal Regulations is rescinded. 9Schedule VIII rescindedSchedule VIII to the Principal Regulations is rescinded. Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 23 December 1998
These regulations are administered in the Department of Health and Human Services.
EXPLANATORY NOTE
(This note is not part of the regulation) These regulations amend the
(a) removing the distinction between narcotic substances and exempted narcotic substances; and (b) providing for the destruction of narcotic substances by 2 health professionals working together.