Poisons And Dangerous Drugs Regulations (NT)

No judgment structure available for this case.

NORTHERN TERRITORY OF AUSTRALIA

Poisons and Dangerous Drugs regulations

As in force at 1 July 2012

Table of provisions [if supportFields]> TOC \o "1-9" <![endif] — Preliminary1 — Citation2 — Commencement3 — Definitions4 — ExemptionsPart 2 — Supply of Scheduled substances5 — Section 40(3): time for notification by nurse in charge6 — Section 90(2): Scheduled substance treatment protocolsPart 3 — Labels and containers7 — Part 2 of SUSMP: labels and containers8 — Appendix E: first aid instructions9 — Appendix F: warning statements and safety directionsPart 4 — Storage, transport and disposal10 — Standards for storage and transport of Schedule 8 substances11 — Disposal of Schedule 8 substancesPart 5 — Miscellaneous12 — Part 3 of SUSMP: miscellaneous regulations13 — Appendix I: paint standards14 — Section 31Q: Committee membersPart 6 — Repeal15 — RepealENDNOTES northern territory of australia

northern territory of australia

This reprint shows the Regulations as in force at 1 July 2012. Any amendments that commence after that date are not included.

Poisons and Dangerous Drugs regulations

Regulations under the Poisons and Dangerous Drugs Act

Part 1Preliminary 1Citation

These Regulations may be cited as the Poisons and Dangerous Drugs Regulations.

2Commencement

These Regulations come into operation on the commencement of the Poisons and Dangerous Drugs Amendment Act 2004.

3Definitions

In these Regulations:

Agency means the Agency administering the Act.

contravene includes fail to comply with.

Scheduled substance means a substance referred to in Part 4 of the SUSMP.

4Exemptions

(1)
The Chief Health Officer may exempt a person or class of persons from the application of a provision of these Regulations.
(2)
The exemption must be:
- (a)
  by notice in writing directed to the person; or
- (b)
  by notice in the Gazette if the exemption relates to a class of persons.
Part 2Supply of Scheduled substances

5Section 40(3): time for notification by nurse in charge

For section 40(3) of the Act, the nurse in charge of a health centre must notify the Chief Health Officer of the details of the administration or supply of a Schedule 8 substance within 6 months after the date of the administration or supply.

6Section 90(2): Scheduled substance treatment protocols

For section 90(2) of the Act, a Scheduled substance treatment protocol may include any of the following matters:

(a)
the classification and name of the Scheduled substance to which the protocol relates;
(b)
the dose, route and frequency of administration of the Scheduled substance;
(c)
the categories of persons to whom the protocol relates and any restrictions, qualifications or accreditation applicable to those persons;
(d)
descriptions of the clinical situations in which the protocol applies;
(e)
indications for use of the Scheduled substance;
(f)
contraindications for use of the Scheduled substance;
(g)
the procedure for documenting the administration of the Scheduled substance in the medical records of the person being treated;
(h)
the date on which the Chief Health Officer approved the protocol.

Part 3Labels and containers 7Part 2 of SUSMP: labels and containers

(1)
Part 2 of the SUSMP applies in relation to labels and containers for Scheduled substances.
(2)
A person must not contravene Part 2 of the SUSMP.
Penalty: If the offender is a natural person – 100 penalty units.
If the offender is a body corporate – 500 penalty units.
(3)
If a paragraph of Part 2 of the SUSMP is amended, the amended paragraph does not apply in relation to any Scheduled substance that, immediately before the amendment takes effect, is labelled or packaged (as applicable) in accordance with the paragraph as in force immediately before the amendment takes effect.
(4)
A reference in subregulation (3) to an amended paragraph includes a reference to a paragraph that is substituted for a repealed paragraph.

8Appendix E: first aid instructions

(1)
Appendix E applies in relation to the labelling of Scheduled substances with first aid instructions.
(2)
A manufacturer, wholesaler or retailer of a Scheduled substance must ensure the substance is labelled with appropriate first aid instructions.
Penalty: If the offender is a natural person – 100 penalty units.
If the offender is a body corporate – 500 penalty units.

9Appendix F: warning statements and safety directions

(1)
Appendix F applies in relation to the labelling of Scheduled substances with warning statements and safety directions.
(2)
A manufacturer, wholesaler or retailer of a Scheduled substance must ensure the substance is labelled with appropriate and sufficient warning statements and safety directions.
Penalty: If the offender is a natural person – 100 penalty units.
If the offender is a body corporate – 500 penalty units.

Part 4Storage, transport and disposal 10Standards for storage and transport of Schedule 8 substances

(1)
The relevant Code, as in force from time to time, applies in relation to the storage and transport of Schedule 8 substances.
(2)
A person must not contravene the relevant Code.
Penalty: If the offender is a natural person – 100 penalty units.
If the offender is a body corporate – 500 penalty units.
(3)
In this regulation:
relevant Code means the document entitled "Code of Practice for the Storage and Transport of Schedule 8 Substances" published by the Agency.

11Disposal of Schedule 8 substances

(1)
A person permitted by the Act to supply a Schedule 8 substance must not dispose of the substance unless the disposal is witnessed by one of the following persons:
- (a)
  an inspector;
- (b)
  a medical practitioner;
(c) a person registered under the Health Practitioner Regulation National Law (other than as a student) to practise in:
- (i)
  the Aboriginal and Torres Strait Islander health practice profession; or
- (ii)
  the dental profession as a dentist in the dentist division of that profession; or
- (iii)
  the nursing and midwifery profession as a nurse or midwife; or
- (iv)
  the optometry profession; or
- (v)
  the pharmacy profession.
- (e)
  a veterinarian.
Penalty: If the offender is a natural person – 100 penalty units.
If the offender is a body corporate – 500 penalty units.
(2)
A person who disposes of a Schedule 8 substance must record the disposal in an approved form, sign the record and ensure the witness also signs the record.
Penalty: If the offender is a natural person – 100 penalty units.
If the offender is a body corporate – 500 penalty units.

Part 5Miscellaneous 12Part 3 of SUSMP: miscellaneous regulations

(1)
The miscellaneous regulations in Part 3 of the SUSMP apply together with any Appendix to the SUSMP referred to in those regulations.
(2)
A person must not contravene the miscellaneous regulations in Part 3 of the SUSMP.
Penalty: If the offender is a natural person – 100 penalty units.
If the offender is a body corporate – 500 penalty units.
(3)
In this regulation:
miscellaneous regulations means paragraphs 32, 33, 35(1) and (3), 37(1) and (3), 39, 40, 41, 42 and 44 of Part 3 of the SUSMP.

13Appendix I: paint standards

(1)
Appendix I applies in relation to the manufacture, supply and use of paint.
(2)
A person must not contravene Appendix I.
Penalty: If the offender is a natural person – 100 penalty units.
If the offender is a body corporate – 500 penalty units.

14Section 31Q: Committee members

For section 31Q of the Act, the members of the Committee to be appointed by the Chief Health Officer are as follows:

(a)
at least one medical practitioner with expertise in pain management;
(b)
at least one medical practitioner nominated by each of the NT Divisions of General Practice;
(c)
at least one medical practitioner nominated by the Australian Medical Association;
(d)
a medical practitioner employed by the Agency, working in the community drugs program managed by the Agency;
(e)
a person who is not a medical practitioner, working in the community drugs program managed by the Agency;
(f)
a pharmacist nominated by the Pharmacy Guild of Australia (NT Branch);
(g)
any other persons with appropriate qualifications for membership considered by the Chief Health Officer to be suitable for appointment.

Part 6Repeal 15Repeal

The Poisons and Dangerous Drugs Regulations (Regulations 1985, No. 9) are repealed.

ENDNOTES

1
KEY

Key to abbreviations

amd = amended od = order

app = appendix om = omitted

bl = by-law pt = Part

ch = Chapter r = regulation/rule

cl = clause rem = remainder

div = Division renum = renumbered

exp = expires/expired rep = repealed

f = forms s = section

Gaz = Gazette sch = Schedule

hdg = heading sdiv = Subdivision

ins = inserted SL = Subordinate Legislation

lt = long title sub = substituted

nc = not commenced

2
LIST OF LEGISLATION

Poisons and Dangerous Drugs Regulations (SL No. 43, 2004)
Notified	5 January 2005
Commenced	1 February 2005 (r 2, s 2 Poisons and Dangerous Drugs Amendment Act 2004 (Act No. 61, 2004), s 2 Poisons and Dangerous Drugs Amendment Act 2003 (Act No. 52, 2003) and Gaz S3, 31 January 2005, p 1)
Statute Law Revision Act 2005 (Act No. 44, 2005)
Notified	14 December 2005
Commenced	14 December 2005
Health Practitioner (National Uniform Legislation) Implementation Act 2010 (Act No. 18, 2010)
Notified	20 May 2010
Commenced	1 July 2010 (s 2)
Statute Law (Miscellaneous Provisions) Act 2011 (Act No. 44, 2011)
Assent date	21 December 2011
Commenced	27 January 2012 ((other than amdts to Darwin Port Corporation Act and Marine Act listed in the Sch to Act) Gaz S3, 27 January 2012))
Health Practitioner (National Uniform Legislation) Implementation Act 2012 (Act No. 17, 2012)
Assent date	22 May 2012
Commenced	1 July 2012 (s 2)

3
LIST OF AMENDMENTS

r 3 amd Act No. 44, 2011, s 27

r 7 amd Act No. 44, 2011, s 27

r 11 amd Act No. 44, 2005, s 22; Act No. 18, 2010, s 62; Act No. 17, 2012, s 55

r 12 amd Act No. 44, 2011, s 27

Actions

Download as PDF Download as Word Document

Citations

Poisons and Dangerous Drugs Regulations (NT)

Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0