Poisons and Drugs Act 1978 (ACT)
Poisons and Drugs Act 1978 (repealed)
A1978-38
Republication No 7
Effective: 14 February 2009
Republication date: 14 February 2009
As repealed by A2008-26 s 511 (1)
Unauthorised version prepared by ACT Parliamentary Counsel’s Office
About this republication
The republished law
This is a republication of the Poisons and Drugs Act 1978 (repealed) (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)). It also includes any commencement, amendment, repeal or expiry affecting the republished law to 14 February 2009.
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol U appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication date is—
(a)if the person charged is an individual—$100; or
(b)if the person charged is a corporation—$500.
Poisons and Drugs Act 1978 (repealed)
Contents
Page
Part 1Preliminary
Name of Act 2
Dictionary 2
2ANotes 2
2AB Offences against Act—application of Criminal Code etc 2
Incorporation of drugs and poisons standard definitions 3
Non-application of Act to certain goods containing scheduled substances 3
Part 2Restricted substances
Definitions for pt 2 4
Unauthorised prescribing or supplying by doctors 4
Application for authorisation 4
Grant of authorisation 5
Dispensing 5
Part 3Labelling and packaging
Words and expressions used in drugs and poisons standard 6
Labels and containers 6
Standard and warning statements etc 6
Part 4Poisons
Division 4.1 Licensing for manufacture and sale
Application for licence 8
Grant of licence 9
Conditions of licence 11
Variation of conditions of licence 11
Amendment of licence 11
Cancellation of licence 13
Return of licence etc to Minister 14
Duration of licence 15
Renewal of licence 15
Poisons register 15
Offences by licensee 17
Conditions for sale of poisons 17
Division 4.2 Authorisations to use poisons for research
Application for authorisation 18
Grant of authorisation 19
Conditions of authorisation 21
Variation of conditions of authorisation 21
Cancellation of authorisation 21
Duration of authorisation 22
Renewal of authorisation 23
Return of authorisation to Minister 24
Division 4.3 Poisons—other offences
Possession of poison 24
Manufacture of poison 24
Supply of poison 25
Directions 25
Part 5Anabolic steroids
Possession of anabolic steroids 26
Administration or sale etc of anabolic steroids 26
Part 6Advertising of scheduled substances
Advertising scheduled substances 28
Part 7Miscellaneous
Notice of decisions reviewable by AAT 30
Review by AAT 31
Appointment of analysts 31
Certificate by analyst to be evidence 32
Evidentiary certificate 32
Modification of drugs and poisons standard 32
Determination of fees 33
47A Approved forms 33
Delegation of chief health officer’s functions 33
Regulation-making power 33
Schedule 1Anabolic steroids 34
Schedule 2Exempt goods 37
Dictionary38
Endnotes
About the endnotes 41
Abbreviation key 41
Legislation history 42
Amendment history 46
Earlier republications 59
Renumbered provisions 59
Poisons and Drugs Act 1978 (repealed)
An Act relating to poisons and drugs
Part 1Preliminary
Name of Act
This Act is the Poisons and Drugs Act 1978.
Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1The dictionary at the end of this Act defines certain words and expressions used in this Act.
Note 2A definition in the dictionary applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
2ANotes
A note included in this Act is explanatory and is not part of this Act.
NoteSee Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
2ABOffences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1Criminal Code
The Criminal Code, ch 2 applies to the following offence against this Act (see Code, pt 2.1):
· s 40 (Advertising scheduled substances).
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
Incorporation of drugs and poisons standard definitions
For this Act, a scheduled substance defined in the drugs and poisons standard, part 1 has the meaning given in that part.
NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act, s 104).
Non-application of Act to certain goods containing scheduled substances
This Act does not apply in relation to the possession, supply or use of a good mentioned in schedule 2 that contains a scheduled substance.
NoteThe following Acts also apply to poisons and drugs:
·the Drugs of Dependence Act 1989
·the Poisons Act 1933.
Part 2Restricted substances
Definitions for pt 2
In this part:
restricted substance means a substance prescribed under the regulations for this definition.
specialist means a doctor who is recognised as a consultant physician or specialist in accordance with the Health Insurance Act 1973 (Cwlth), section 61.
Unauthorised prescribing or supplying by doctors
A doctor shall not supply to, or prescribe for, a person a restricted substance unless the doctor is authorised by the chief health officer, under section 8, to supply or prescribe that substance.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
Application for authorisation
(1)A specialist may apply to the chief health officer for authorisation to supply or prescribe a restricted substance.
(2)An application under subsection (1) shall—
(a)be in writing signed by the specialist making the application; and
(b)state—
(i)the name of the applicant and the address, or an address, at which the applicant carries on the practice of his or her profession; and
(ii)the name of the substance or substances to which the application relates; and
(iii)the field in which the applicant is recognised as a specialist; and
(c)be lodged with the chief health officer.
Grant of authorisation
(1)The chief health officer shall grant the authorisation sought in an application under section 7 (1) if the person is prescribed under the regulations for the substance for which authorisation is sought.
(2)Where the chief health officer grants an authorisation under this section, he or she shall—
(a)notify the applicant in writing of the authorisation; and
(b)specify, in that notification, an identifying number in respect of that authorisation.
Dispensing
A pharmacist shall not supply to another person a restricted substance except on a prescription on which a specialist has endorsed ‘section 8’ and the identifying number in respect of the relevant authorisation under that section.
Maximum penalty: 10 penalty units.
Part 3Labelling and packaging
Words and expressions used in drugs and poisons standard
A word or expression used in this part (other than a word or expression defined by this Act), and in the drugs and poisons standard, has in this part the same meaning as in the drugs and poisons standard.
Labels and containers
A person must not supply a substance to which the drugs and poisons standard, part 2 applies except in accordance with the requirements of that part.
Maximum penalty: 50 penalty units.
Standard and warning statements etc
(1)If a person supplies a substance mentioned in the drugs and poisons standard, appendix E at a concentration above the level specified in the appendix for the substance, the label on the container or device containing the substance must include the standard statement (if any) applying to the substance under the appendix.
Maximum penalty: 50 penalty units.
(2)A person must not supply a substance mentioned in the drugs and poisons standard, appendix F unless the label on the container or device containing the substance includes the warning statement or safety direction (if any) applying to the substance under the appendix.
Maximum penalty: 50 penalty units.
(3)A person must not supply a substance mentioned in the drugs and poisons standard, appendix K or part 3, paragraph 45, unless the label on the container or device containing the substance includes the warning statement (if any) applying to the substance under the appendix.
Maximum penalty: 50 penalty units.
(4)This section does not apply to a substance if—
(a)the substance is mentioned in the drugs and poisons standard, appendix G; and
(b)the substance is at a concentration not more than the concentration specified in the appendix for the substance.
Part 4Poisons
Division 4.1 Licensing for manufacture and sale
Application for licence
(1)A person may apply to the Minister for a licence to manufacture or sell a poison.
(2)An application for a licence—
(a)shall be in writing signed by the applicant; and
(b)shall specify—
(i)the full name and business address of the applicant; and
(ii)if the applicant is a corporation—the full name and residential address of each director and secretary of the corporation; and
(iii)whether the applicant wishes to apply for a manufacturer’s or vendor’s licence; and
(iv)if the applicant proposes to manufacture or sell a poison under a business name—that name; and
(v)the poison in relation to which the licence is sought; and
(vi)the address of each premises at which that poison is proposed to be manufactured or sold; and
(vii)the security arrangements that would be implemented at each premises; and
(viii)the name and address of each person under whose supervision the poison specified in subparagraph (v) would be manufactured or sold; and
(ix)where the applicant proposes to manufacture the poison—the qualifications of each person under whose supervision that poison would be manufactured; and
(c)shall be accompanied by—
(i)a plan of the premises—
(A)identifying where the poison specified in paragraph (b) (v) would be stored and the location and nature of security devices; and
(B)in respect of an application for a manufacturer’s licence—identifying each part where a process of manufacture would be carried out and the nature of the process.
Note A fee may be determined under s 47 (Determination of fees) for this section.
Grant of licence
(1)The Minister shall grant a manufacturer’s or vendor’s licence (as the case requires) on receipt of an application in accordance with section 13 if—
(a)if the applicant is an individual—the Minister is satisfied that the applicant is not suffering from a mental or physical disability that would make the person incapable of complying with this Act; and
(b)the premises specified in the application are appropriate for storing the poison and for manufacturing or selling the poison (as appropriate); and
(c)the Minister is satisfied that the manufacture or sale of the poison will at all times be carried out under the supervision of a person possessing qualifications in chemistry, pharmacy, pharmacology or possessing other appropriate qualifications, or who is otherwise experienced and competent in the handling of poisons; and
(d)the applicant, each supervisor and, if the applicant is a corporation, each director and secretary of the applicant, has not, within 5 years prior to the date of the application, been convicted of a relevant offence.
(2)Notwithstanding that an applicant, supervisor or, if the applicant is a corporation, a director or secretary of the applicant, has been convicted of an offence referred to in subsection (1) (d), the Minister may grant the licence applied for if satisfied that—
(a)the applicant will or, where the applicant is a corporation, the director or secretary will ensure that the applicant will, only store and manufacture or supply the poison in accordance with the terms of the licence; or
(b)where a supervisor has been convicted—that the supervisor will supervise in accordance with this Act.
(3)A licence shall specify—
(a)the full name of the licensee; and
(b)the poison in relation to which the licence is granted; and
(c)the address of each premises at which the specified poison is to be manufactured or sold; and
(d)the name of each person who is to supervise the manufacture or sale of the specified poison; and
(e)the conditions (if any) to which the licence is subject; and
(f)the period for which, under section 20, the licence is in force; and
(g)any prescribed particular.
Conditions of licence
The conditions that may be specified in a licence are—
(a)conditions relevant to the licence that are specified in the drugs and poisons standard, appendix J; and
(b)such other conditions as are necessary and reasonable for ensuring—
(i)the proper manufacture and safekeeping of the specified poison; or
(ii)the proper supervision of that manufacture or of the sale of the specified poison.
Variation of conditions of licence
(1)The Minister may vary the conditions specified in a licence.
(2)A notice under section 41 (3) (a) must state the date (not earlier than 28 days after the day the notice is given) when the variation takes effect.
(3)On receipt of a licence, a condition of which has been varied, the Minister shall—
(a)endorse the licence with the variation of conditions specified in the notice referred to in subsection (2); and
(b)return the licence to the licensee.
Amendment of licence
(1)The Minister may, upon receipt of a licence and of written notification of a change of address of the licensee, amend the address of the licensee specified in the licence.
(2)The Minister may amend the address of premises specified in a licence under section 14 (3) (c).
(3)The Minister shall not amend a licence under subsection (2) unless the licensee has lodged with the Minister the licence and written notification of his or her intention to store the specified poison and to manufacture or sell it (as the case requires) at or from premises other than the specified premises at least 28 days before he or she intends to take that action, where that written notification—
(a)specifies—
(i)the address of the new premises; and
(ii)the date on which the licensee proposes to commence the manufacture or sale of the poison at the new premises; and
(iii)the security arrangements proposed to be implemented at the new premises; and
(b)is accompanied by a plan of the premises—
(i)identifying where it is proposed the specified poison be stored and the location and nature of security devices; and
(ii)in respect of a manufacturer’s licence—identifying each part where a process of manufacture would be carried out and the nature of that process.
(4)An amendment under subsection (2) takes effect—
(a)on the amendment of the licence by the Minister; or
(b)on such later date as is specified in the licence.
(5)Where the Minister has amended a licence under subsection (1) or (2), he or she shall return it to the licensee.
(6)Where a licensee proposes that a specified poison be manufactured or sold under the supervision of a person other than a person whose name is specified in the licence under section 14 (3) (d), the licensee shall lodge the licence with the Minister together with written notification of the proposed change specifying—
(a)the name; and
(b)the address; and
(c)the qualifications or particulars of relevant experience and competence;
of the person under whose supervision the poison would be manufactured or sold.
(7)On receipt of a notification under subsection (6), the Minister shall amend the licence accordingly if satisfied that the person specified in the notice possesses qualifications in chemistry, pharmacy, pharmacology or other appropriate qualifications or is otherwise experienced and competent in the handling of poisons, and the Minister shall, whether the licence is amended or not, return the licence to the licensee.
Cancellation of licence
(1)The Minister may cancel a licence—
(a)if the licensee has requested in writing that the licence be cancelled; or
(b)if the licensee has not, within 7 days of receipt of a notice of variation of a condition of the licence, submitted the licence to the Minister; or
(c)if the licensee has not, within 7 days of a change of the licensee’s address, submitted the licence and written notification of the change of address to the Minister; or
(d)if—
(i)the licensee, a person whose name is specified in the licence under section 14 (3) (d) or, if the licensee is a corporation, any of its directors or secretaries, has been convicted of a relevant offence; and
(ii)the Minister has not already considered the conviction under section 14 (2); and
(iii)the power to cancel a licence under this paragraph is exercised within 12 months after the expiration of the period in which an appeal may be lodged against the conviction; or
(e)if the licensee has ceased to manufacture or sell the specified poison; or
(f)if the licensee is an individual—the licensee is, by reason of mental or physical incapacity, no longer competent to hold a licence.
(2)The cancellation of a licence takes effect on the date on which the notice of cancellation is given under section 41.
(3)Where a person whose licence has been cancelled has not been given directions under section 36 as to the disposal of any poison held at the time of cancellation, he or she shall, as soon as practicable after the cancellation of the licence takes effect, dispose of any poison held.
(4)A person must not, without reasonable excuse, contravene subsection (3).
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
Return of licence etc to Minister
A person whose licence is cancelled shall not, without reasonable excuse, fail to return his or her licence and any poisons register held to the Minister as soon as practicable after the cancellation takes effect.
Maximum penalty: 5 penalty units.
Duration of licence
A licence remains in force, unless sooner cancelled, until the expiration of 31 March next following the date on which it was granted or renewed.
Renewal of licence
(1)A licensee may apply in writing to the Minister for the renewal of the licence before the licence expires.
Note 1A fee may be determined under s 47 (Determination of fees) for this section.
Note 2If a form is approved under s 47A (Approved forms) for an application, the form must be used.
(2)If the licensee applies for the renewal of the licence in accordance with this Act, the Minister must renew the licence.
Poisons register
(1)A licensee shall keep at the specified premises, in accordance with this section, a register (the poisons register).
Maximum penalty: 20 penalty units.
(2)The register shall be kept in written or printed form in the English language or so as to enable the entries to be readily accessible and readily convertible into written or printed form in the English language.
(3)Where a licensee sells a poison, he or she shall enter particulars of the sale into the poisons register not later than 24 hours after the sale.
Maximum penalty: 20 penalty units.
(4)It is a defence to a prosecution under subsection (3) that—
(a)it was not reasonably practicable to comply with subsection (3); and
(b)the licensee made such record as was reasonable in the circumstances and entered the appropriate particulars in the poisons register as soon as practicable.
(5)The particulars of the sale to be entered in the poisons register are—
(a)the purchaser’s name and address; and
(b)if—
(i)the purchaser is purchasing on behalf of another person; and
(ii)the name and address of that other person do not appear on a signed order form relating to the sale;
the name and address of that other person; and
(c)the date of the purchase; and
(d)the quantity and type of poison purchased; and
(e)the purpose for which the purchaser states the poison is required; and
(f)where the licensee does not hold an order signed by the purchaser—the purchaser’s signature.
(6)In subsection (5):
purchaser means a person physically present making a purchase, whether or not he or she is an agent for another person.
(7)A licensee shall not fail, without reasonable excuse, to keep the poisons register, and any signed order, until the expiration of the period of 5 years commencing on the date of the last entry made under subsection (3) in that poisons register.
Maximum penalty: 20 penalty units.
Offences by licensee
A licensee shall not—
(a)manufacture, possess or sell a specified poison at a place other than the specified premises; or
(b)sell a specified poison from a place other than the specified premises; or
(c)manufacture a specified poison other than under the supervision of a person whose name is specified in the licence for that purpose; or
(d)store, manufacture or sell a specified poison except in accordance with any conditions of the licence.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
Conditions for sale of poisons
(1)A licensee shall not sell a poison unless—
(a)he or she has obtained the signature of the purchaser either in the poisons register or on an order; and
(b)the purchaser and, if the person taking delivery of the poison is not the purchaser, the person taking delivery is, or is reasonably believed to be, of or over the age of 18 years.
Maximum penalty: 100 penalty units.
(2)A licensee shall not sell a poison to a person who—
(a)does not supply his or her name and address; or
(b)is an agent for another person and does not supply—
(i)a signed order relating to the sale on which appears that other person’s name and address; or
(ii)the name and address of that other person; or
(c)does not state the purpose for which the poison is required; or
(d)does not sign the poisons register or provide a signed order to the licensee.
Maximum penalty: 100 penalty units.
Division 4.2 Authorisations to use poisons for research
Application for authorisation
(1)A person who proposes to conduct a program that requires the possession or use by that person of a poison may apply to the Minister for an authorisation in relation to that poison.
(2)An application for an authorisation shall—
(a)be in writing signed by the applicant; and
(b)specify—
(i)the full name, address and academic, professional or other relevant qualifications of the applicant; and
(ii)the poison in relation to which the authorisation is sought; and
(iii)the strength and form in which that poison is to be possessed and used; and
(iv)the period for which the authorisation is sought; and
(v)the maximum quantity of that poison to be possessed at any one time and the total quantity to be possessed during the period of the program; and
(vi)details of the manner in which that poison would be used in the program; and
(vii)the recognised institution where, or under the supervision of which, the program is to be conducted; and
(viii)the name and academic, professional or other relevant qualifications of any person other than the applicant under whose supervision the program would be conducted; and
(ix)the arrangements proposed for the safe custody of the poison; and
(c)be accompanied by—
(i)a written description of the program, including its estimated duration; and
(ii)in the case of a program of research—a trial protocol; and
(iii)a written statement approving the program signed by the approving officer.
NoteA fee may be determined under s 47 (Determination of fees) for this section.
Grant of authorisation
(1)The Minister shall grant an authorisation to a person who has applied in accordance with section 25 if—
(a)the relevant program cannot be carried out satisfactorily without the use of the poison specified in the application; and
(b)in the case of a program of research—the research is scientifically viable; and
(c)the Minister is satisfied that the program will be adequately supervised; and
(d)the Minister is satisfied that the applicant is not suffering from any mental or physical disability that would make the applicant incapable of complying with this Act; and
(e)the applicant has not, within 5 years prior to the date of the application, been convicted of a relevant offence.
(2)In deciding whether research is scientifically viable under subsection (1) (b), the Minister shall consider the trial protocol.
(3)Notwithstanding that an applicant has been convicted of an offence referred to in subsection (1) (e), the Minister may grant the applicant an authorisation if satisfied that the applicant will possess or use the poison in accordance with the terms of the authorisation.
(4)An authorisation shall specify—
(a)the name and address of the person to whom the authorisation is granted; and
(b)the poison to which the authorisation relates; and
(c)the strength and form in which the specified poison may be possessed and used; and
(d)the maximum quantity of the specified poison that may be possessed at any one time, and the total quantity that may be possessed during the period of the program; and
(e)the purpose for which the authorisation is granted; and
(f)the recognised institution in relation to which the authorisation is granted; and
(g)the conditions (if any) to which the authorisation is subject; and
(h)the period for which the authorisation is granted; and
(j)any prescribed particulars.
Conditions of authorisation
The Minister may specify in an authorisation such conditions as are necessary and reasonable for ensuring—
(a)the proper use and safekeeping of the specified poison; and
(b)that proper records concerning the receipt, use and disposal of the specified poison are kept.
Variation of conditions of authorisation
(1)The Minister may vary the conditions specified in an authorisation.
(2)A notice under section 41 (4) (a) must state the date (not earlier than 28 days after the day the notice is given) when the variation takes effect.
(3)On receipt of an authorisation, the Minister shall—
(a)endorse the authorisation with the variation of conditions specified in the notice referred to in subsection (2); and
(b)return it to the authorised person.
Cancellation of authorisation
(1)The Minister may cancel an authorisation—
(a)if the authorised person requests in writing that the authorisation be cancelled; or
(b)if—
(i)the authorised person has been convicted of a relevant offence; and
(ii)the Minister has not already considered the conviction under section 26 (3); and
(iii)the power to cancel an authorisation under this paragraph is exercised within 12 months after the expiration of the period in which an appeal may be lodged against the conviction; or
(c)if the program is not being adequately supervised; or
(d)if the authorised person has not, within 28 days of service of a notice under section 41 (4) (a), submitted the authorisation to the Minister; or
(e)if the authorised person is, by reason of physical or mental incapacity, no longer competent to hold an authorisation; or
(f)if the Minister believes on reasonable grounds that the authorised person has ceased to conduct the relevant program or no longer requires the specified poison for the purposes of the relevant program.
(2)A cancellation takes effect from the date the notice of cancellation is given under section 41.
(3)Where a person whose authorisation has been cancelled under this section has not been given directions under section 36 as to the disposal of any poisons held at the time of cancellation, he or she shall, as soon as practicable after the cancellation of the authorisation takes effect, dispose of any poison held.
(4)A person must not, without reasonable excuse, contravene subsection (3).
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
Duration of authorisation
An authorisation remains in force, unless sooner cancelled, until the expiration of the period specified in the authorisation, and may be renewed.
Renewal of authorisation
(1)An authorised person may, before the expiration of the term of an authorisation, apply to the Minister for its renewal.
(2)An application for the renewal of an authorisation shall—
(a)be in writing signed by the applicant; and
(b)include a statement setting out the reason why the program has not been completed in the time allowed in the authorisation; and
(c)specify the period of renewal sought; and
(d)be accompanied by a written statement supporting the application signed by the approving officer.
NoteA fee may be determined under s 47 (Determination of fees) for this section.
(3)On receipt of an application in accordance with subsection (2), the Minister shall renew an authorisation if satisfied that—
(a)the research is still scientifically viable; and
(b)there has not been an unreasonable delay in the completion of the program.
(4)A renewal under this section takes effect on the day immediately following the day on which, but for its renewal, the authorisation would have expired.
(5)A renewed authorisation has effect—
(a)for the period specified in the application for renewal; or
(b)for such shorter period as the Minister considers reasonable.
Return of authorisation to Minister
Upon ceasing to be an authorised person, a person shall not, without reasonable excuse, fail to return the authorisation to the Minister as soon as practicable.
Maximum penalty: 5 penalty units.
Division 4.3 Poisons—other offences
Possession of poison
(1)A person shall not, without reasonable excuse, possess a poison.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(2)Subsection (1) does not apply to a person who—
(a)is licensed or authorised to possess that poison; or
(b)is a member of a prescribed class of persons and possesses the poison for a purpose prescribed in relation to that class; or
(c)possesses a poison that an authorised person is authorised to possess—
(i)with the authority of the authorised person; and
(ii)for the purpose of conducting the program to which the authorisation relates; or
(d)is otherwise legally in possession of the poison.
Manufacture of poison
(1)A person shall not, without reasonable excuse, manufacture a poison.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(2)Subsection (1) does not apply to a person who—
(a)is licensed to manufacture the poison; or
(b)is authorised under section 26 and manufactures the specified poison for the purpose of conducting the program to which the authorisation relates; or
(c)manufactures a poison that an authorised person is authorised to possess or use—
(i)with the authority of the authorised person; and
(ii)solely for the purpose of conducting the program to which the authorisation relates.
Supply of poison
(1)A person shall not, without reasonable excuse, supply a poison.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(2)Subsection (1) does not apply to a person who is licensed to manufacture or sell the poison if the poison is supplied by way of sale.
Directions
(1)Where a licensee or an authorised person proposes to dispose of poison, or a person has had his or her licence or authorisation cancelled, the Minister may give him or her such written directions with respect to the disposal of the poison or of any poison held as are necessary and reasonable for the protection of human health and the environment.
(2)A person to whom a direction is given shall not, without reasonable excuse, fail to comply with that direction as soon as practicable.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
Part 5Anabolic steroids
Possession of anabolic steroids
(1)A person shall not, without reasonable excuse, possess an anabolic steroid.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(2)Subsection (1) does not apply to a person who—
(a)is licensed or authorised, under this Act or another Act, to manufacture, possess or supply an anabolic steroid; or
(b)is a doctor, dentist or veterinary surgeon, and possesses the anabolic steroid for the purposes of his or her practice; or
(c)is a pharmacist and possesses the anabolic steroid for the purposes of dispensing it; or
(d)obtained the anabolic steroid on presentation of a prescription signed by a doctor, dentist or veterinary surgeon authorising the sale or supply to, or dispensing for, that person of the anabolic steroid.
Administration or sale etc of anabolic steroids
(1)A person shall not, without reasonable excuse—
(a)administer to himself, herself or another person; or
(b)prescribe, dispense or sell to another person for human use;
an anabolic steroid.
Maximum penalty:
(a)for paragraph (a)—50 penalty units, imprisonment for 6 months or both; or
(b)for paragraph (b)—500 penalty units, imprisonment for 5 years or both.
(2)Subsection (1) does not apply to administering, prescribing, dispensing or selling an anabolic steroid—
(a)that is registered under the Therapeutic Goods Act 1989 (Cwlth); or
(b)for the purposes of a clinical trial conducted under that Act.
(3)In this section:
anabolic steroid includes—
(a)a substance specified in schedule 1 and any—
(i)salt, active principle or derivative of such a substance; or
(ii)stereoisomer of such a substance; or
(iii)preparation or admixture containing any proportion of such a substance; and
(b)a salt of an active principle or derivative referred to in paragraph (a) (i); and
(c)a salt of a stereoisomer referred to in paragraph (a) (ii).
Part 6Advertising of scheduled substances
Advertising scheduled substances
(1)A person commits an offence if—
(a)the person publishes or displays an advertisement; and
(b)the advertisement promotes or encourages the use of a substance; and
(c)the substance is mentioned in the drugs and poisons standard, schedule 1, schedule 3 or schedule 4.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(2)A person commits an offence if—
(a)the person publishes or displays an advertisement; and
(b)the advertisement indicates that someone is willing or authorised to supply a substance; and
(c)the substance is mentioned in the drugs and poisons standard, schedule 1, schedule 3 or schedule 4.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(3)In this section:
advertisement—
(a)includes an advertisement—
(i)in a newspaper or other publication; and
(ii)on television or radio; and
(iii)displayed on a notice, sign, label, showcard or good; and
(iv)distributed as a sample, circular, catalogue, price list or other material; and
(v)by exhibition of a picture, model or film; and
(vi)in any other way; but
(b)does not include an advertisement in a publication circulating mainly to dentists, doctors, optometrists, pharmacists or veterinary surgeons.
(4)This section does not apply to an advertisement in a publication declared by the Minister, in writing, to be an exempt publication.
(5)In subsections (1) and (2), a reference to a substance mentioned in the drugs and poisons standard, schedule 3 does not include a reference to such a substance that is listed in the drugs and poisons standard, appendix H.
(6)A declaration under subsection (4) is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
Part 7Miscellaneous
Notice of decisions reviewable by AAT
(1)The chief health officer must give notice of a decision refusing to give an authorisation under section 8 to the applicant for the authorisation.
(2)The Minister must give notice of the following decisions to an applicant for a licence or authorisation:
(a)refusing to give the licence under section 14;
(b)giving the licence under section 14 subject to conditions;
(c)refusing to grant the authorisation under section 26;
(d)specifying a condition in the authorisation under section 27;
(e)granting the authorisation under section 26 for a period other than the period applied for.
(3)The Minister must give notice of the following decisions about a licence to the licensee (or former licensee):
(a)varying a condition specified in the licence under section 16 (1);
(b)refusing to amend the licence under section 17;
(c)specifying in the licence the date an amendment under section 17 takes effect;
(d)cancelling the licence under section 18 (1);
(e)giving directions about the disposal of a poison under section 36.
(4)The Minister must give notice of the following decisions about an authorisation to an authorised person (or former authorised person):
(a)varying a condition specified in the authorisation under section 28 (1);
(b)cancelling the authorisation under section 29 (1);
(c)refusing to renew the authorisation under section 31;
(d)renewing the authorisation under section 31 for a period other than the period applied for;
(e)giving directions about the disposal of a poison under section 36.
(5)A notice under subsection (1) or (2) must be in accordance with the requirements of the code of practice in force under the Administrative Appeals Tribunal Act 1989, section 25B (1).
Review by AAT
Application may be made to the administrative appeals tribunal for review of a decision mentioned in section 41.
Appointment of analysts
The Minister may appoint a person to be an analyst for this Act.
Note 1 For the making of appointments (including acting appointments), see Legislation Act, pt 19.3.
Note 2In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see s 207).
Note 3Certain Ministerial appointments require consultation with a Legislative Assembly committee and are disallowable (see Legislation Act, div 19.3.3).
Certificate by analyst to be evidence
(1)In proceedings in the Magistrates Court for an offence against this Act, a certificate signed by an analyst and stating the result of an analysis of a substance carried out at the request of a police officer is evidence of the matters stated in the certificate.
(2)For subsection (1), a document that purports to be signed by an analyst shall, unless the contrary is proved, be taken to have been so signed.
Evidentiary certificate
(1)In proceedings for an offence against this Act, a certificate signed by a drug inspector appointed under the Drugs of Dependence Act 1989 stating that at a specified time a specified substance was included in a specified schedule of the drugs and poisons standard is evidence of the matters stated.
(2)For subsection (1), a certificate that purports to be signed by a drug inspector shall, unless the contrary is proved, be taken to have been so signed.
Modification of drugs and poisons standard
(1)For this Act, the Minister may modify the drugs and poisons standard.
(2)A modification under subsection (1) is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
Determination of fees
(1)The Minister may, in writing, determine fees for this Act.
NoteThe Legislation Act contains provisions about the making of determinations and regulations relating to fees (see pt 6.3).
(2)A determination is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
47AApproved forms
(1)The Minister may, in writing, approve forms for this Act.
(2)If the Minister approves a form for a particular purpose, the approved form must be used for that purpose.
NoteFor other provisions about forms, see Legislation Act, s 255.
(3)An approved form is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
Delegation of chief health officer’s functions
The chief health officer may delegate the chief health officer’s functions under this Act to a public servant.
NoteFor the making of delegations and the exercise of delegated functions, see Legislation Act, pt 19.4.
Regulation-making power
The Executive may make regulations for this Act.
NoteRegulations must be notified, and presented to the Legislative Assembly, under the Legislation Act.
Schedule 1Anabolic steroids
(see s 38)
| column 1 item | column 2 substance |
| 1 | Androisoxazole |
| 2 | Androsterone |
| 3 | Atamestane |
| 4 | Bolandiol |
| 5 | Bolasterone |
| 6 | Bolazine |
| 7 | Boldenone |
| 8 | Bolenol |
| 9 | Bolmantalate |
| 10 | Calusterone |
| 11 | Chlorandrostenolone |
| 12 | 4-Chloromethandienone |
| 13 | Chloroxydienone |
| 14 | Chloroxymesterone (dehydrochloromethyltestosterone) |
| 15 | Clostebol |
| 16 | Danazol |
| 17 | Dihydrolone |
| 18 | Dimethandrostanolone |
| 19 | Dimethazine |
| 20 | Drostanolone |
| 21 | Enestebol |
| 22 | Epitiostanol |
| 23 | Ethisterone |
| 24 | Ethyldienolone |
| 25 | Ethyloestrenol |
| 26 | Fluoxymesterone |
| 27 | Formebolone |
| 28 | Furazabol |
| 29 | Gestrinone |
| 30 | Hydroxystenozol |
| 31 | Mebolazine |
| 32 | Mepitiostane |
| 33 | Mesabolone |
| 34 | Mestanolone (androstanolone) |
| 35 | Mesterolone |
| 36 | Methandienone |
| 37 | Methandriol |
| 38 | Methandrostenolone |
| 39 | Methenolone |
| 40 | Methylclostebol |
| 41 | Methyltestosterone |
| 42 | Methyltrienolone |
| 43 | Metribolone |
| 44 | Mibolerone |
| 45 | Nandrolone |
| 46 | Norandrostenolone |
| 47 | Norbolethone |
| 48 | Norclostebol |
| 49 | Norethandrolone |
| 50 | Normethandrone |
| 51 | Ovandrotone |
| 52 | Oxabolone |
| 53 | Oxandrolone |
| 54 | Oxymesterone |
| 55 | Oxymetholone |
| 56 | Prasterone |
| 57 | Propetandrol |
| 58 | Quinbolone |
| 59 | Roxibolone |
| 60 | Silandrone |
| 61 | Stanolone |
| 62 | Stanozolol |
| 63 | Stenbolone |
| 64 | Testolactone |
| 65 | Testosterone |
| 66 | Thiomesterone |
| 67 | Trenbolone |
| 68 | Trestolone |
| 69 | Anabolic and androgenic steroidal agents not mentioned elsewhere in this schedule |
Schedule 2Exempt goods
(see s 4)
| column 1 item | column 2 goods |
| 1 | blankets moth-proofed with dieldrin during manufacture in accordance with the directions of the Commonwealth Scientific and Industrial Research Organisation |
| 2 | ceramics |
| 3 | electrical accumulators and batteries |
| 4 | electrical components, including electric lamps |
| 5 | electronic components |
| 6 | explosives |
| 7 | food |
| 8 | glazed pottery |
| 9 | inorganic pigments not specified in the drugs and poisons standard, schedule 6 |
| 10 | lubricants, unless specified in another schedule to the drugs and poisons standard |
| 11 | matches |
| 12 | motor fuels, other than those containing methyl alcohol, unless specified in another schedule to the drugs and poisons standard |
| 13 | paints |
| 14 | paper |
| 15 | photographic paper and film |
| 16 | printing inks and ink additives except when containing a pesticide |
| 17 | single-use tubes for the estimation of alcohol content of breath |
| 18 | timber |
| 19 | vitreous enamels |
| 20 | wallboard |
Dictionary
(see s 2)
Note 1The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2In particular, the Legislation Act, dict, pt 1, defines the following terms:
·chief health officer
·contravene
·entity
·exercise
·function
·penalty unit (see s 133)
·public servant.
analyst means an analyst appointed under section 43.
approving officer means a person who is authorised by a recognised institution to do the following things on its behalf:
(a)approve a program;
(b)request the cancellation of an authorisation;
(c)support an application for renewal.
authorisation means an authorisation under section 26.
authorised person means the holder of an authorisation.
drugs and poisons standard means the document last prepared under the Therapeutic Goods Act 1989 (Cwlth), section 52D (2) (b) that has come into effect (including any amendment of that document under that Act, section 52D (2) (a) that has come into effect), and includes any modification of the standard by the Minister under section 46.
licence means a manufacturer’s or vendor’s licence under section 14.
manufacture, a poison, means—
(a)carry out any process by which it is obtained; or
(b)refine it; or
(c)change it into another poison; or
(d)mix or compound it; or
(e)pack or repack it for sale or for use in relation to a profession, trade, business or industry.
poison means a substance mentioned in the drugs and poisons standard, schedule 7.
NoteThe following Acts are also relevant to poisons and drugs:
·the Drugs of Dependence Act 1989
·the Poisons Act 1933.
poisons register means a poisons register kept under section 22.
program means a program of research or education conducted under the supervision of a recognised institution.
recognised institution means—
(a)the Commonwealth Scientific and Industrial Research Organisation; or
(b)an institution prescribed under the regulations for this definition.
relevant offence means—
(a)an offence against this Act; or
(b)an offence, whether committed in the ACT, in Australia outside the ACT or outside Australia—
(i)relating to a scheduled substance; or
(ii)punishable on conviction by a fine of at least 100 penalty units (or an equivalent amount at the time of conviction) or by imprisonment for a period of at least 1 year.
restricted substance, for part 2 (Restricted substances)—see section 5.
sell includes offer or expose for sale.
scheduled substance means a substance mentioned in a schedule to the drugs and poisons standard.
NoteA scheduled substance defined in the drugs and poisons standard, pt 1 and used in this Act (or the regulations) has the meaning given in that part (see s 3).
specialist, for part 2 (Restricted substances)—see section 5.
specified poison means—
(a)in relation to an authorised person—a poison specified in the person’s authorisation under section 26 (4) (b); or
(b)in relation to a licensee—a poison specified in the licence under section 14 (3) (b).
specified premises, for a licence, means any premises the address of which is specified in the licence under section 14 (3) (c).
supply includes sell.
trial protocol, for a program of research, means a written statement describing—
(a)its aims; and
(b)how it is proposed to be conducted; and
(c)the proposed method of analysis of its results.
Endnotes
About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
Abbreviation key
am = amended ord = ordinance amdt = amendment orig = original ch = chapter par = paragraph/subparagraph def = definition pres = present dict = dictionary prev = previous disallowed = disallowed by the Legislative (prev...) = previously Assembly pt = part div = division r = rule/subrule exp = expires/expired renum = renumbered Gaz = gazette reloc = relocated hdg = heading R[X] = Republication No IA = Interpretation Act 1967 RI = reissue ins = inserted/added s = section/subsection LA = Legislation Act 2001 sch = schedule LR = legislation register sdiv = subdivision LRA = Legislation (Republication) Act 1996 sub = substituted mod = modified/modification SL = Subordinate Law o = order underlining = whole or part not commenced om = omitted/repealed or to be expired
Legislation history
This Act was originally a Commonwealth ordinance—the Poisons and Narcotic Drugs Ordinance 1978 No 38 (Cwlth).
It was renamed as the Poisons and Drugs Ordinance 1978 by the Poisons and Drugs (Amendment) Ordinance 1989, s 5.
The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4) converted most former Commonwealth ordinances in force in the ACT into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. This Act was converted into an ACT enactment on 11 May 1989 (self-government day).
As with most ordinances in force in the ACT, the name was changed from Ordinance to Act by the Self-Government (Citation of Laws) Act 1989 No 21, s 5 on 11 May 1989 (self-government day).
Before 11 May 1989, ordinances commenced on their notification day unless otherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12).
After 11 May 1989 and before 10 November 1999, Acts commenced on their notification day unless otherwise stated (see Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 25).
Legislation before becoming Territory enactment
Poisons and Drugs Act 1978 No 38
notified 19 December 1978
commenced 29 December 1978 (s 2 and Cwlth Gaz 1978 No S290)
as amended by
Poisons and Narcotic Drugs (Amendment) Ordinance 1981 No 19
notified 28 August 1981
commenced 28 August 1981
Poisons and Narcotic Drugs (Amendment) Ordinance (No 2) 1981 No 56
notified 31 December 1981
commenced 31 December 1981
Poisons and Narcotic Drugs (Amendment) Ordinance 1982 No 47
notified 30 June 1982
commenced 30 June 1982
Magistrates Court Ordinance 1985 No 67 sch pt 1
notified 19 December 1985
sch pt 1 commenced 1 February 1986 (s 2 and Cwlth Gaz 1986 No G3)
Poisons and Narcotic Drugs (Amendment) Ordinance 1986 No 32
notified 31 July 1986
commenced 31 July 1986Poisons and Narcotic Drugs (Amendment) Ordinance (No 2) 1986 No 76
notified 21 November 1986
commenced 21 November 1986
Community and Health Service (Consequential Provisions) Ordinance 1988 No 29 sch
notified 30 June 1988
commenced 2 July 1988 (s 2)Poisons and Narcotic Drugs (Amendment) Ordinance 1988 No 96
notified 20 December 1988
repealed before commencement by Statute Law Revision (Miscellaneous Provisions) Act 1992 No 23 sch 2
Poisons and Drugs (Amendment) Ordinance 1989 No 13
notified 15 March 1989
commenced 1 April 1989 (s 2 and Cwlth Gaz 1989 No S109)Self-Government (Consequential Amendments) Ordinance 1989 No 38 sch 1
notified 10 May 1989 (Cwlth Gaz 1989 No S160)
s 1, s 2 commenced 10 May 1989 (s 2 (1))
sch 1 commenced 11 May (s 2 (2) and see Cwlth Gaz 1989 No S164)Legislation after becoming Territory enactment
Health Services (Consequential Provisions) Act 1990 No 63 sch 1
notified 28 December 1990 (Gaz 1990 No S102)
s 1, s 2 commenced 28 December 1990 (s 2 (1))sch 1 commenced 31 January 1991 (s 2 (2) and see Gaz 1991 No S4)
Poisons and Drugs (Amendment) Act 1991 No 4
notified 1 March 1991 (Gaz 1991 No S7)
ss 1-3 commenced 1 March 1991 (s 2 (1))remainder commenced 15 March 1991 (s 2 (2) and Gaz 1991 No S16)
Statute Law Revision (Miscellaneous Provisions) Act 1993 No 1 sch 1
notified 1 March 1993 (Gaz 1993 No S23)
sch 1 commenced 1 March 1993Poisons and Drugs (Amendment) Act 1993 No 8 (as am by Health (Consequential Provisions) Act 1993 No 14 sch 1)
notified 1 March 1993 (Gaz 1993 No S23)
ss 1-3 commenced 1 March 1993 (s 2 (1))remainder commenced 31 March 1993 (s 2 (2) and Gaz 1993 No S53)
Health (Consequential Provisions) Act 1993 No 14 sch 1
notified 1 March 1993 (Gaz 1993 No S23)
commenced 1 March 1993 (s 2)
NoteThis Act only amends the Poisons and Drugs (Amendment) Act 1993 No 8.
Acts Revision (Position of Crown) Act 1993 No 44 sch 2
notified 27 August 1993 (Gaz 1993 No S165)
sch 2 commenced 27 August 1993 (s 2)
Poisons and Drugs (Amendment) Act 1994 No 40
notified 7 September 1994 (Gaz 1993 No S177)
ss 1-3 commenced 7 September 1994 (s 2 (1))
s 4 commenced 15 Sept 1994 (s 2 (2) and Gaz 1994 No S193)s 5, s 6 commenced 7 September 1994
Poisons and Drugs (Amendment) Act (No 2) 1994 No 57
notified 5 October 1994 (Gaz 1994 No S196)
commenced 5 October (s 2)Administrative Appeals (Consequential Amendments) Act 1994 No 60 sch 1
notified 11 October (Gaz 1994 No S197)
s 1, s 2 commenced 11 October 1994 (s 2 (1))
sch 1 commenced 14 November 1994 (s 2 (2) and see Gaz 1994 No S250)Poisons and Drugs (Amendment) Act (No 3) 1994 No 94
notified 15 December 1994 (Gaz 1994 No S280)
commenced 18 December 1994 (s 2)
Public Health (Miscellaneous Provisions) Act 1997 No 70 sch 1
notified 9 October 1997 (Gaz 1997 No S300)
ss 1-3 commenced 9 October 1997 (s 2 (1))
sch 1 commenced 13 August 1998 (s 2 (2) and Gaz 1998 No S 185)Poisons and Drugs (Amendment) Act 1997 No 126
notified 24 December 1997 (Gaz 1997 No S420)
commenced 24 December 1997 (s 2)Statute Law Revision (Penalties) Act 1998 No 54 sch
notified 27 November 1988 (Gaz 1998 No S207)
s 1, s 2 commenced 17 November (s 2 (1))sch commenced 9 December 1999 (s 2 (2) and Gaz 1998 No 49)
Poisons and Drugs (Amendment) Act 1999 No 27
notified 6 May 1999 (Gaz 1999 No S22)
commenced 6 May 1999 (s 2)
Health and Community Care Legislation Amendment Act 2000 No 28 pt 3, sch 2
notified 30 June 2000 (Gaz 2000 No S30)
s 1, s 2 commenced 30 June 2000 (IA s 10B)pt 3, sch 2 commenced 1 July 2000 (s 2)
Poisons and Drugs Amendment Act 2000 No 43
notified 8 September 2000 (Gaz 2000 No S50)
commenced 8 September 2000 (s 2)
Legislation (Consequential Amendments) Act 2001 No 44 pt 289
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)pt 289 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)
Statute Law Amendment Act 2002 (No 2) No 49 pt 3.14
notified LR 20 December 2002
s 1, s 2 taken to have commenced 7 October 1994 (LA s 75 (2))pt 3.14 commenced 31 December 2002 (s 2 (2))
Optometrists Legislation Amendment Act 2005 A2005-9 sch 1 pt 1.4
notified LR 14 March 2005
s 1, s 2 commenced 14 March 2005 (LA s 75 (1))
sch 1 pt 1.4 commenced 14 September 2005 (s 2 and LA s 79)as repealed by
Medicines, Poisons and Therapeutic Goods Act 2008 A2008-26 s 511
notified LR 14 August 2008
s 1, s 2 commenced 14 August 2008 (LA s 75 (1))s 511 commenced 14 February 2009 (s 2 and LA s 79)
Amendment history
Title
titleam 1989 No 13 s 4
Name of Act
s 1am 1989 No 13 s 5
sub 2000 No 28 sch 2
Dictionary
s 2 hdgsub 2000 No 28 sch 2
s 2orig s 2 om 2000 No 28 sch 2
(prev s 3) am 1986 No 76 s 3; 1989 No 13 s 6; 1993 No 8 s 4 (as am by 1993 No 14 sch 1); 1997 No 126 s 4; 2000 No 28 s 7; 2000 No 28 sch 2
renum R3 LRA (see 2000 No 28 sch 2)
sub 2002 No 49 amdt 3.112
def analyst om 2002 No 49 amdt 3.112
def approving officer ins 1993 No 8 s 4
om 2002 No 49 amdt 3.112
def authorisation ins 1993 No 8 s 4
om 2002 No 49 amdt 3.112
def authorised person ins 1993 No 8 s 4
om 2002 No 49 amdt 3.112
def authority ins 1986 No 76 s 3
om 1988 No 29 sch
def board ins 1993 No 8 s 4
om 1993 No 8 s 4 (as am 1993 No 14 sch 1)
def cannabis om 1989 No 13 s 6
def cannabis fibre om 1989 No 13 s 6
def cannabis plant om 1989 No 13 s 6
def cannabis resin om 1989 No 13 s 6
def chairman om 1986 No 76 s 3
def chairperson ins 1986 No 76 s 3
om 1989 No 13 s 6
def chief health officer ins 1997 No 70 sch 1
om 2000 No 28 sch 2
def committee om 1989 No 13 s 6
def current poisons standard ins 2000 No 28 s 7
om 2002 No 49 amdt 3.112
def dentist om 2000 No 28 sch 2
def determined fee ins 1993 No 8 s 4
om 2001 No 44 amdt 1.3232
def drugs and poisons standard ins 1993 No 8 s 4 (as am 1993 No 14 sch 1)
am 1994 No 94 s 4
sub 2000 No 28 s 7
om 2002 No 49 amdt 3.112
def general manager ins 1986 No 76 s 3
sub 1988 No 29 sch
om 1990 No 63 sch 1
def licence ins 1993 No 8 s 4
om 2002 No 49 amdt 3.112
def licensee ins 1993 No 8 s 4
om 2002 No 49 amdt 3.112
def manufacture ins 1993 No 8 s 4
om 2002 No 49 amdt 3.112
def medical officer of health om 1997 No 70 sch 1
def medical practitioner om 2000 No 27 sch 2
def pharmacist om 2000 No 28 sch 2
def poison ins 1993 No 8 s 4
om 2002 No 49 amdt 3.112
def poisons register ins 1993 No 8 s 4
om 2002 No 49 amdt 3.112
def program ins 1993 No 8 s 4
om 2002 No 49 amdt 3.112
def recognised institution ins 1993 No 8 s 4 (as am 1993 No 14 sch 1)
om 2002 No 49 amdt 3.112
def relevant offence ins 1993 No 8 s 4
am 1998 No 54 sch
om 2002 No 49 amdt 3.112
def scheduled substance am 1989 No 3 s 6
om 1993 No 8 s 4
ins 2000 No 28 s 7
om 2002 No 49 amdt 3.112
def sell ins 1993 No 8 s 4
om 2002 No 49 amdt 3.112
def service ins 1988 No 29 sch
om 1990 No 63 sch 1
def specified poison ins 1993 No 8 s 4
om 2002 No 49 amdt 3.112
def specified premises ins 1993 No 8 s 4
om 2002 No 49 amdt 3.112
def supply om 2002 No 49 amdt 3.112
def trial protocol ins 1993 No 8 s 4
om 2002 No 49 amdt 3.112
def tribunal ins 1986 No 76 s 3
am 1989 No 38 sch 1
om 1994 No 60 sch 1
def veterinary surgeon om 2000 No 28 sch 2
Notes
s 2Ains 2002 No 49 amdt 3.112
Offences against Act—application of Criminal Code etc
s 2ABins A2005-9 amdt 1.10
Incorporation of drugs and poisons standard definitions
s 3ins 2000 No 28 s 8
sub 2002 No 49 amdt 3.112
Non-application of Act to certain goods containing scheduled substances
s 4 hdg(prev s 27A hdg) sub 2000 No 28 sch 2
s 4orig s 4 am 1985 No 67 sch
om 1989 No 13 s 8
ins 1993 No 8 s 5
om 1993 No 44 sch 2
(prev s 27A) ins 1986 No 76 s 12
am 1994 No 57 s 5; 2000 No 28 sch 2
renum R3 LRA (see 2000 No 28 sch 2)
sub 2002 No 49 amdt 3.112, amdt 3.113
Restricted substances
pt 2 hdgsub 1986 No 76 s 4
am 1989 No 13 s 7
Definitions for pt 2
s 5orig s 5 om 1989 No 13 s 8
(prev s 27B) ins 1986 No 76 s 12
sub 1994 No 57 s 6
renum R 3 LRA (see 2000 No 28 sch 2)
sub 2002 No 49 amdt 3.113
Unauthorised prescribing or supplying by doctors
s 6 hdgsub 2002 No 49 amdt 3.114
s 6orig s 6 om 1989 No 13 s 8
(prev s 27C) ins 1986 No 76 s 12
am 1994 No 57 s 7; 1997 No 70 sch 1; 1998 No 54 sch; 2000 No 28 sch 2
renum R3 LRA (see 2000 No 28 sch 2)
am 2002 No 49 amdt 3.115
Application for authorisation
s 7orig s 7 om 1989 No 13 s 8
(prev s 27D) ins 1986 No 76 s 12
am 1994 No 57 s 8; 1997 No 70 sch 1; 2000 No 28 sch 2
renum R3 LRA (see 2000 No 28 sch 2)
am 2002 No 49 amdt 3.115
Grant of authorisation
s 8orig s 8 om 1989 No 13 s 8
(prev s 27 E) ins 1986 No 76 s 12
am 1993 No 1 sch 1; 1994 No 57 s 9; 1997 No 70 sch 1
renum R3 LRA (see 2000 No 28 sch 2)
am 2002 No 49 amdt 3.116
Dispensing
s 9orig s 9 am 1986 No 76 s 5; 1988 No 29 sch
om 1989 No 13 s 8
(prev s 27F) ins 1986 No 76 s 12
am 1994 No 57 s 10; 1998 No 54 sch
renum R3 LRA (see 2000 No 28 sch 2)
am 2002 No 49 amdt 3.117
Unauthorized use, possession and supply
pt 2 div 1 hdg om 1989 No 13 s 8
Authority to possess addictive substances
pt 2 div 2 hdg om 1989 No 13 s 8
Supply and obtaining of addictive substances
pt 2 div 3 hdg om 1989 No 13 s 8
Restrictions on the prescribing of addictive substances
pt 2 div 4 hdg om 1989 No 13 s 8
Approvals
pt 2 div 5 hdg om 1989 No 13 s 8
Cancellation and surrender of authority to possess or supply schedule substances
pt 2 div 6 hdg om 1989 No 13 s 8
Restricted substances to be prescribed or supplied only by authorised specialists
pt 2 div 6A hdg ins 1986 No 76 s 12
om 1994 No 57
Miscellaneous
pt 2 div 7 hdg om 1989 No 13 s 8
Psychotropic substances
pt 2A hdgins 1981 No 19 s 3
om 1989 No 13 s 8
Words and expressions used in drugs and poisons standard
s 10orig s 10 am 1986 No 76 s 6; 1988 No 29 sch
om 1989 No 13 s 8
(prev s 28) ins 1997 No 126 s 5
sub 2000 No 28 sch 2
renum R3 LRA (see 2000 No 28 sch 2)
Labels and containers
s 11orig s 11 om 1989 No 13 s 8
(prev s 29) om 1989 No 13 s 8
ins 1997 No 126 s 5
sub 2000 No 28 s 9
renum R3 LRA (see 2000 No 28 sch 2)
Standard and warning statements etc
s 12orig s 12 om 1989 No 13 s 8
(prev s 30) am 1993 No 1 sch 1
sub 1997 No 126 s 5; 2000 No 28 s 9
renum R3 LRA (see 2000 No 28 sch 2)
Preliminary
pt 3 div 1 hdg om 1997 No 126 s 5
Labelling
pt 3 div 2 hdg om 1997 No 126 s 5
Containers for scheduled substances
pt 3 div 3 hdg om 1997 No 126 s 5
Miscellaneous
pt 3 div 4 hdg om 1997 No 126 s 6
Poisons
pt 4 hdg(prev pt 3A hdg) ins 1993 No 8 s 8
renum R3 LRA (see 2000 No 28 sch 2)
Licensing for manufacture and sale
div 4.1 hdg(prev pt 3A div 1 hdg) ins 1993 No 8 s 8
renum R3 LRA (see 2000 No 28 sch 2)
Application for licence
s 13orig s 13 om 1989 No 13 s 8
(prev s 47A) ins 1993 No 8 s 8 (as am by 1993 No 14 sch 1)
renum R3 LRA (see 2000 No 28 sch 2)
am 2001 No 44 amdts 1.3233-1.3235
Grant of licence
s 14orig s 14 om 1989 No 13 s 8
(prev s 47B) ins 1993 No 8 s 8 (as am by 1993 No 14 sch 1)
renum R3 LRA (see 2000 No 28 sch 2)
am 2002 No 49 amdt 3.118
Conditions of licence
s 15orig s 15 om 1989 No 13 s 8
(prev s 47C) ins 1993 No 8 s 8
renum R3 LRA (see 2000 No 28 sch 2)
Variation of conditions of licence
s 16orig s 16 om 1989 No 13 s 8
(prev s 47D) ins 1993 No 8 s 8 (as am by 1993 No 14 sch 1)
renum R3 LRA (see 2000 No 28 sch 2)
am 2002 No 49 amdt 3.119
Amendment of licence
s 17orig s 17 om 1989 No 13 s 8
(prev s 47E) ins 1993 No 8 s 8 (as am by 1993 No 14 sch 1)
renum R3 LRA (see 2000 No 28 sch 2)
Cancellation of licence
s 18orig s 18 am 1986 No 76 s 7
om 1989 No 13 s 8
(prev s 47F) ins 1993 No 8 s 8 (as am by 1993 No 14 sch 1)
am 1998 No 54 sch; 2000 No 28 sch 2
renum R3 LRA (see 2000 No 28 sch 2)
am 2002 No 49 amdt 3.120, amdt 3.121
Return of licence etc to Minister
s 19orig s 19 am 1986 No 76 s 8
om 1989 No 13 s 8
(prev s 47G) ins 1993 No 8 s 8 (as am by 1993 No 14 sch 1)
am 1998 No 54 sch; 2000 No 28 sch 2
renum R3 LRA (see 2000 No 28 sch 2)
Duration of licence
s 20orig s 20 am 1986 No 76 s 9
om 1989 No 13 s 8
(prev s 47H) ins 1993 No 8 s 8
renum R3 LRA (see 2000 No 28 sch 2)
Renewal of licence
s 21orig s 21 am 1986 No 76 s 10
om 1989 No 13 s 8
(prev s 47J) ins 1993 No 8 s 8 (as am by 1993 No 14 sch 1)
renum R3 LRA (see 2000 No 28 sch 2)
sub 2001 No 44 amdt 1.3236
Poisons register
s 22orig s 22 om 1989 No 13 s 8
(prev s 47K) ins 1993 No 8 s 8
am 1998 No 54 sch; 2000 No 28 sch 2
renum R3 LRA (see 2000 No 28 sch 2)
Offences by licensee
s 23orig s 23 om 1989 No 13 s 8
(prev s 47L) ins 1993 No 8 s 8
am 1998 No 54 sch; 2000 No 28 sch 2
renum R3 LRA (see 2000 No 28 sch 2)
Conditions for sale of poisons
s 24orig s 24 om 1989 No 13 s 8
(prev s 47M) ins 1993 No 8 s 8
am 1998 No 54 sch; 2000 No 28 sch 2
renum R3 LRA (see 2000 No 28 sch 2)
Authorisations to use poisons for research
div 4.2 hdg(prev pt 3A div 2 hdg) ins 1993 No 8 s 8
renum R3 LRA (see 2000 No 28 sch 2)
sub 2002 No 49 amdt 3.122
Application for authorisation
s 25orig s 25 om 1989 No 13 s 8
(prev s 47N) ins 1993 No 8 s 8 (as am by 1993 No 14 sch 1)
renum R3 LRA (see 2000 No 28 sch 2)
am 2001 No 44 amdts 1.3237-1.3239
Grant of authorisation
s 26orig s 26 am 1985 No 67 sch
om 1989 No 13 s 8
(prev s 47P) ins 1993 No 8 s 8 (as am by 1993 No 14 sch 1)
renum R3 LRA (see 2000 No 28 sch 2)
am 2002 No 49 amdt 3.123
Conditions of authorisation
s 27orig s 27 am 1986 No 76 s 11
om 1989 No 13 s 8
(prev s 47Q) ins 1993 No 8 s 8 (as am by 1993 No 14 sch 1)
renum R3 LRA (see 2000 No 28 sch 2)
Variation of conditions of authorisation
s 28orig s 28 om 1989 No 13 s 8
(prev s 47R) ins 1993 No 7 s 8 (as am by 1993 No 14 sch 1)
renum R3 LRA (see 2000 No 28 sch 2)
am 2002 No 49 amdt 3.124
Cancellation of authorisation
s 29orig s 29 om 1989 No 13 s 8
(prev s 47S) ins 1993 No 8 s 8 (as am by 1993 No 14 sch 1)
am 1998 No 54 sch; 2000 No 28 sch 2
renum R3 LRA (see 2000 No 28 sch 2)
am 2002 No 49 amdt 3.125, amdt 3.126
Interpretation
s 29Ains 1981 No 19 s 3
om 1989 No 13 s 8
Manufacture of psychotropic substances prohibited
s 29Bins 1981 No 19 s 3
om 1989 No 13 s 8
Application for licence
s 29Cins 1981 No 19 s 3
am 1986 No 76 s 13
om 1989 No 13 s 8
Grant of licence
s 29Dins 1981 No 19 s 3
am 1982 No 47 s 2; 1986 No 76 s 14; 1988 No 29 sch
om 1989 No 13 s 8
Contents of licences
s 29Eins 1981 No 19 s 3
om 1989 No 13 s 8
Duration of licence
s 29Fins 1981 No 19 s 3
am 1986 No 76 s 15
om 1989 No 13 s 8
Cancellation of licence
s 29Gins 1981 No 19 s 3
am 1986 No 76 s 16; 1988 No 29 sch
om 1989 No 13 s 8
Notice of cancellation of licence
s 29Hins 1981 No 19 s 3
om 1986 No 76 s 17
Appeals
s 29Jins 1981 No 19 s 3
om 1986 No 76 s 17
Duration of authorisation
s 30orig s 30 renum as s 12 R3 LRA (see 2000 No 28 sch 2)
(prev s 47T) ins 1993 No 8 s 8
renum R3 LRA (see 2000 No 28 sch 2)
Renewal of authorisation
s 31orig s 31 om 1997 No 126 s 5
(prev s 47U) ins 1993 No 8 s 8 (as am by 1993 No 14 sch 1)
renum R3 LRA (see 2000 No 28 sch 2)
am 2001 No 44 amdt 1.3240, amdt 1.3241
Return of authorisation to Minister
s 32orig s 32 om 1997 No 126 s 5
(prev s 47V) ins 1993 No 8 s 8 (as am by 1993 No 14 sch 1)
am 1998 No 54 sch
renum R3 LRA (see 2000 No 28 sch 2)
Poisons—other offences
div 4.3 hdg(prev pt 4 hdg) renum as pt 5 hdg R3 LRA (see 2000 No 28 sch 2)
(prev pt 5 hdg) sub as div 4.3 hdg 2002 No 49 amdt 3.127
Possession of poison
s 33orig s 33 om 1997 No 126 s 5
(prev s 47W) ins 1993 No 8 s 9
am 1998 No 54 sch; 2000 No 28 sch 2
renum R3 LRA (see 2000 No 28 sch 2)
Manufacture of poison
s 34orig s 34 om 1997 No 126 s 5
(prev s 47X) ins 1993 No 8 s 9
am 1998 No 54 sch; 2000 No 28 sch 2
renum R3 LRA (see 2000 No 28 sch 2)
Supply of poison
s 35 hdgsub 2002 No 49 amdt 3.129
s 35orig s 35 om 1997 No 126 s 5
(prev s 47Y) ins 1993 No 8 s 9
am 1998 No 54 sch; 2000 No 28 sch 2
renum R3 LRA (see 2000 No 28 sch 2)
Directions
s 36orig s 36 om 1997 No 126 s 5
(prev s 47Z) ins 1993 No 8 s 9 (as am by 1993 No 14 sch 1)
am 1998 No 54 sch; 2000 No 28 sch 2
renum R3 LRA (see 2000 No 28 sch 2)
Anabolic steroids
pt 5 hdgins 2002 No 49 amdt 3.128
Possession of anabolic steriods
s 37orig s 37 am 1989 No 13 s 10; 1993 No 8 s 6
om 1997 No 126 s 5
(prev s 47ZA) ins 1994 No 40 s 4
am 1998 No 54 sch; 2000 No 28 sch 2
renum R3 LRA (see 2000 No 28 sch 2)
Administration or sale etc of anabolic steroids
s 38 hdgsub 2002 No 49 amdt 3.130
s 38orig s 38 am 1993 No 8 s 7
om 1997 No 126 s 5
(prev s 47ZB) ins 1994 No 40 s 5
am 1998 No 54 sch; 2000 No 28 sch 2; 2000 No 43 s 4
renum R3 LRA (see 2000 No 28 sch 2)
Exemption of building materials, hardware etc
s 39orig s 39 om 1997 No 126 s 5
(prev s 48) renum R3 LRA (see 2000 No 28 sch 2)
om 2002 No 49 amdt 3.131
Advertising of scheduled substances
pt 6 hdgins 2002 No 49 amdt 3.132
Advertising scheduled substances
s 40orig s 40 om 1997 No 126 s 5
(prev s 48A) ins 1981 No 56 s 2
am 1986 No 76 s 18
sub 1989 No 13 s 11
am 1998 No 54 sch; 1999 No 27 s 4; 2000 No 28 sch 2
renum R3 LRA (see 2000 No 28 sch 2)
am 2001 No 44 amdt 1.3242, amdt 1.3243; 2002 No 49 amdt 3.133, amdt 3.134
sub A2005-9 amdt 1.11
Miscellaneous
pt 7 hdgins 2002 No 49 amdt 3.135
Notice of decisions reviewable by AAT
s 41orig s 41 om 1997 No 126 s 5
(prev s 49) sub 1986 No 76 s 19
am 1988 No 29 sch; 1989 No 13 s 12; 1989 No 38 sch 1; 1993 No 8 s 10 (as am by 1993 No 14 sch 1); 1994 No 60 sch 1; 1997 No 70 sch 1
renum R3 LRA (see 2000 No 28 sch 2)
ss renum R4 LA
sub 2002 No 49 amdt 3.136
Review by AAT
s 42 hdg(prev s 50 hdg) am 1994 No 60 notes; R5 LA
s 42orig s 42 om 1997 No 126 s 5
(prev s 50) am 1986 No 76 s 20; 1988 No 29 sch
om 1989 No 13 s 14
ins 1993 No 8 s 11
am 1994 No 60 sch 1
renum R3 LRA (see 2000 No 28 sch 2)
sub 2002 No 49 amdt 3.136
Appointment of analysts
s 43orig s 43 om 1997 No 126 s 5
(prev s 51) renum R3 LRA (see 2000 No 28 sch 2)
sub 2002 No 49 amdt 3.137
Certificate by analyst to be evidence
s 44orig s 44 om 1997 No 126 s 5
(prev s 52) am 1985 No 67 sch; 2000 No 28 sch 2
renum R3 LRA (see 2000 No 28 sch 2)
Evidentiary certificate
s 45orig s 45 am 1993 No 1 sch
om 1997 No 126 s 5
(prev s 53) am 1986 No 76 s 21; 1988 No 29 sch
om 1989 No 13 s 14
ins 1993 No 8 s 12
renum R3 LRA (see 2000 No 28 sch 2)
Modification of drugs and poisons standard
s 46orig s 46 om 1997 No 126 s 7
(prev s 53A) ins 2000 No 28 s 10
renum R3 LRA (see 2000 No 28 sch 2)
am 2001 No 44 amdt 1.3244
Determination of fees
s 47orig s 47 1998 No 54 sch
om 2000 No 28 s 9
(prev s 54) om 1989 No 13 s 14
ins 1993 No 8 s 12
am 2000 No 28 sch 2
renum R3 LRA (see 2000 No 28 sch 2)
sub 2001 No 44 amdt 1.3245
Approved forms
s 47Ains 2001 No 44 amdt 1.3245
am 2002 No 49 amdt 3.138
Delegation of chief health officer’s functions
s 48orig s 48 am 1998 No 54 sch
om 2000 No 28 s 9
(prev s 54A) ins 1993 No 8 s12 (as am by 1993 No 14 sch 1)
am 1997 No 70 sch 1
renum R3 LRA (see 2000 No 28 sch 2)
sub 2002 No 49 amdt 3.139
Regulation-making power
s 49(prev s 55) am 1989 No 38 sch 1
sub 2000 No 28 sch 2
renum R3 LRA (see 2000 No 28 sch 2)
am 2001 No 44 amdt 1.3246
Review of decisions
49Ains 1986 No 76 s 19
am 1988 No 29 sch; 1989 No 13 s 13
om 1993 No 8 s 11
Anabolic steriods
sch 1sub 1986 No 32 s 3; 1991 No 4 s 4
om 1993 No 8 s 13
ins 1994 No 40 s 6
sub 2000 No 43 s 5
Exempt goods
sch 2(orig sch 2) sub 1986 No 32 s 3; 1991 No 4 s 4
om 1993 No 8 s 13
(prev sch 13) am 1986 No 32 s 5
renum R3 LRA (see 2000 No 28 sch 2)
am 2002 No 49 amdt 3.140, amdt 3.141
Schedule 3
sch 3sub 1986 No 32 s 3; 1991 No 4 s 4
om 1993 No 8 s 13
Schedule 4
sch 4am 1981 No 19 s 4
sub 1986 No 32 s 3; 1991 No 4 s 4
om 1993 No 8 s 13
Schedule 5
sch 5sub 1986 No 32 s 3; 1991 No 4 s 4
om 1993 No 8 s 13
Schedule 6
sch 6sub 1986 No 32 s 3; 1991 No 4 s 4
om 1993 No 8 s 13
Schedule 7
sch 7sub 1986 No 32 s 3; 1991 No 4 s 4
om 1993 No 8 s 13
Schedule 8
sch 8sub 1986 No 32 s 3
om 1989 No 13 s 15
Traffickable quantities
sch 9om 1989 No 13 s 15
Warning statements to be included in labels on schedules substances
sch 10om 1997 No 126 s 8
First aid directions
sch 11om 1997 No 126 s 8
Schedule 12
sch 12am 1981 No 19 s 4; 1986 No 32 s 4
om 1989 No 13 s 15
Schedule 13
sch 13renum as sch 2 R3 LA (see 2000 No 28 sch 2)
Dictionary
dictins 2002 No 49 amdt 3.142
def analyst ins 2002 No 49 amdt 3.142
def approving officer ins 2002 No 49 amdt 3.142
def authorisation ins 2002 No 49 amdt 3.142
def authorised person ins 2002 No 49 amdt 3.142
def drugs and poisons standard ins 2002 No 49 amdt 3.142
def licence ins 2002 No 49 amdt 3.142
def manufacture ins 2002 No 49 amdt 3.142
def poison ins 2002 No 49 amdt 3.142
def poisons register ins 2002 No 49 amdt 3.142
def program ins 2002 No 49 amdt 3.142
def recognised institution ins 2002 No 49 amdt 3.142
def relevant offence ins 2002 No 49 amdt 3.142
def restricted substance ins 2002 No 49 amdt 3.142
def sell ins 2002 No 49 amdt 3.142
def scheduled substance ins 2002 No 49 amdt 3.142
def specialist ins 2002 No 49 amdt 3.142
def specified poison ins 2002 No 49 amdt 3.142
def specified premises ins 2002 No 49 amdt 3.142
def supply ins 2002 No 49 amdt 3.142
def trial protocol ins 2002 No 49 amdt 3.142
Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
Republication No
Amendments to
Republication date
1 Act 1993 No 14 31 July 1993 2 Act 1994 No 94 28 February 1995 3 Act 2000 No 43 8 September 2000 4 Act 2001 No 44 13 February 2002 5 A2002-49 31 December 2002 6 A2005-9 14 September 2005
Renumbered provisions
This Act was renumbered under the Legislation (Republication) Act 1996, in R3 (see 2000 No 27 sch 2). Details of renumbered provisions are shown in endnote 4 (Amendment history). For a table showing the renumbered provisions, see R4
0
0
0