Poisons and Therapeutic Goods Act 1966 (NSW)
Local Court and Bail Legislation Amendment Act 2025 No 61, Sch 2.73 (not commenced)
An Act relating to the regulation, control and prohibition of the supply and use of poisons, restricted substances, drugs of addiction, certain dangerous drugs and certain therapeutic goods; to establish a Poisons Advisory Committee and to define its powers, authorities, duties and functions; to repeal the Poisons Act 1952 and certain other Acts; to amend the Police Offences (Amendment) Act 1908, the Crimes Act 1900, the Motor Traffic Act 1909 and certain other Acts; and for purposes connected therewith.
This Act may be cited as the Poisons and Therapeutic Goods Act 1966.
(Repealed)
In this Act, unless the context or subject matter otherwise indicates or requires—
(a) mammals, birds, bees, reptiles, amphibians, fish, crustaceans and molluscs, and
(b) the semen, ova or embryo of an animal (other than a human being) or any other substance or thing directly relevant to the reproduction of an animal (other than a human being).
(a) the Administrative Review Tribunal Act 2024,
(b) (Repealed)
(c) the Freedom of Information Act 1982,
(d) the Ombudsman Act 1976,
(e) the Privacy Act 1988,
(f) the regulations in force under any of those Acts.
(a) the Therapeutic Goods Act 1989 of the Commonwealth, and
(b) all regulations, orders and manufacturing principles in force under that Act.
(a) any Public Service agency, public hospital, or university within New South Wales, or
(b) any other institution or establishment which the Governor by order published in the Gazette declares to be a public institution for the purposes of this Act.
(a) any substance of a kind specified in a Schedule of the Poisons List, or
(b) therapeutic goods that are not a substance so specified.
(a) sell, dispense and distribute, and
(b) supply, whether free of charge or otherwise, by way of sample or advertisement, and
(c) supply, whether free of charge or otherwise, in the course of testing for safety or efficacy on persons or animals, and
(d) agree or offer to sell or distribute, and
(e) keep or have in possession for sale, dispensing or distribution, and
(f) send, forward, deliver or receive for sale, dispensing or distribution, and
(g) authorise, direct, cause, suffer, permit or attempt any act mentioned in paragraphs (a)–(f).
(a) supply of the substance or goods for the purposes of resupply, or
(b) supply of an ingredient for the purposes of incorporation in the substance or goods,
and includes supply of the substance or goods in wholesale quantities—
(c) for use in a public institution, or
(d) to persons who are authorised by the regulations to be supplied with wholesale quantities of the substance or goods.
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
For the purposes of the Poisons List, a substance may be described—
(a) by reference to any 1 or more of the following—
(i) the common or scientific name of the substance,
(ii) any class of substances,
(iii) the composition of the substance,
(iv) the purpose for which the substance may be used,
(v) the manner in which the substance is packed, or
(vi) such other factor or circumstance as may be specified in relation to the substance in the Poisons List or in any such proclamation,
(b) in any other manner so specified.
Nothing in this Act precludes a substance from being both—
(a) a poison, restricted substance or drug of addiction, and
(b) therapeutic goods.
(Repealed)
The Minister may from time to time, by order published in the Gazette, exempt a council within the meaning of the Local Government Act 1993 specified in the order or Local Land Services from all of the provisions of this Act or from such of those provisions as may be specified in the order.
The provisions of subsection (1) do not extend to authorising the Minister to grant an exemption from any of the provisions of this Act to the extent that they relate to restricted substances or drugs of addiction.
Nothing in this Act or the regulations under this Act or in the Commonwealth therapeutic goods laws (to the extent they apply as a law of New South Wales) affects any provision of or made under the Hemp Industry Act 2008 or the Poppy Industry Act 2016 or renders unlawful anything done in accordance with any such provision.
There is constituted by this Act a Poisons Advisory Committee consisting of—
(a) 6 nominated members, and
(b) 10 members appointed by the Governor.
Of the nominated members—
(a) 1 is to be a person for the time being nominated by the Minister, being a person employed in the Ministry of Health or an employee of a public health organisation within the meaning of the Health Services Act 1997,
(b) 1 shall be the Head of the Department of Pharmacy, University of Sydney, or a person he or she nominates for the time being,
(c) 1 shall be a member of the Police Force for the time being nominated by the Commissioner of Police,
(d) 1 is to be a person employed in the Department of Primary Industries and Regional Development for the time being nominated by the Minister for Agriculture,
(e) 1 shall be a member of staff of the Environment Protection Authority for the time being nominated by the Minister for the Environment, and
(f) 1 is to be a person nominated by the Secretary of the Department of Finance, Services and Innovation, being a person who is employed in the part of the Department that is principally involved in the administration of the Work Health and Safety Act 2011.
Of the members appointed by the Governor—
(a) 1 shall be a medical practitioner nominated by the Australian Medical Association (NSW) Limited,
(b) 1 shall be a pharmacologist nominated by the Minister,
(c) 1 shall be a person nominated by the Minister for Agriculture to represent agricultural and pastoral organisations,
(d) 1 shall be a representative of the Proprietary Medicines Association of Australia Incorporated,
(e) 1 shall be a representative of the Australian Pharmaceutical Manufacturers Association Inc.,
(f) 1 shall be a representative of Avcare Limited,
(g) 1 shall be a representative of the Pharmacy Guild of Australia (New South Wales Branch),
(h) 1 shall be a representative of The Pharmaceutical Society of Australia (New South Wales Branch) Ltd.,
(i) 1 is to be a person representing the country members of The Retail Traders’ Association of New South Wales, and
(j) 1 shall be a dentist representing The Australian Dental Association, New South Wales Branch.
Schedule 1 has effect with respect to the members of the Advisory Committee.
Schedule 2 has effect with respect to the procedure of the Advisory Committee.
The Advisory Committee may establish subcommittees to assist it in the exercise of its functions.
Subject to the inclusion of at least 1 member of the Advisory Committee, it does not matter that the members of a subcommittee include persons who are not members of the Advisory Committee.
The procedure for the calling of meetings of a subcommittee and for the conduct of business at those meetings shall be as determined by the Advisory Committee or (subject to any determination of the Advisory Committee) by the subcommittee.
The Advisory Committee may delegate to a subcommittee of the Advisory Committee any of its functions other than—
(a) this power of delegation, and
(b) any function required by the regulations to be exercised only by the Advisory Committee.
The Advisory Committee may initiate and refer to the Minister—
(a) recommendations for making, altering or repealing any regulation under this Act,
(b) recommendations for amending the Poisons List.
It is the duty of the Advisory Committee to consider and advise the Minister upon such matters and questions as the Minister may from time to time refer to it relating to—
(a) any proposal, whether or not initiated by the Committee, for making, altering or repealing any regulations under this Act,
(b) any proposal, whether or not initiated by the Committee, for amending the Poisons List.
The proclamation of the Poisons List in force under this section immediately before the commencement of Schedule 2 to the Poisons (Amendment) Act 1987 continues in force at the commencement as the proclamation of the Poisons List for the purposes of this Act.
The Poisons List shall contain 9 Schedules and the substances included in the list shall be classified as follows—
• Schedule One Substances which are of such extreme danger to life as to warrant their being supplied only by medical practitioners, nurse practitioners authorised under section 17A, midwife practitioners authorised under that section, pharmacists, dentists, veterinary practitioners or persons licensed under Part 3.
• Schedule Two Substances which are dangerous to life if misused or carelessly handled, but which should be available to the public for therapeutic use or other purposes without undue restriction.
• Schedule Three Substances which are for therapeutic use and—
(i) about which personal advice may be required by the user in respect of their dosage, frequency of administration and general toxicity,
(ii) with which excessive unsupervised medication is unlikely, or
(iii) which may be required for use urgently so that their supply only on the prescription of a medical practitioner or veterinary practitioner would be likely to cause hardship.
• Schedule Four Substances which in the public interest should be supplied only upon the written prescription of a medical practitioner, nurse practitioner authorised to prescribe the substance under section 17A, midwife practitioner authorised to prescribe the substance under that section, dentist, optometrist authorised to prescribe the substance under section 17B, podiatrist authorised to prescribe the substance under section 17C or veterinary practitioner.
• Schedule Five Poisonous substances of a dangerous nature commonly used for domestic purposes which should be readily available to the public but which require caution in their handling, use and storage.
• Schedule Six Substances which should be readily available to the public for agricultural, pastoral, horticultural, veterinary, photographic or industrial purposes or for the destruction of pests.
• Schedule Seven Substances of exceptional danger which require special precautions in their manufacture or use.
• Schedule Eight Substances which are addiction producing or potentially addiction producing.
• Schedule Nine Substances which are specified in Schedule 9 of the current Poisons Standard (within the meaning of Part 6-3 of the Commonwealth Act).
Note. Substances in Schedule 9 are substances which may be abused or misused, the manufacture, possession, sale or use of which should be prohibited by law except when required for medical or scientific research, or for analytical, teaching or training purposes with the approval of Commonwealth or State or Territory Health Authorities. The Poisons Standard is available in electronic form, free of cost, at number="8(3)–(5)">
(3)–(5) (Repealed)
The Poisons List may be amended or replaced by proclamation made on the recommendation of the Minister and published on the NSW legislation website.
An amendment of the Poisons List may be made by applying, adopting or incorporating, with or without modification, provisions of the current Poisons Standard (within the meaning of Part 6-3 of the Commonwealth Act) or any other published standard, as in force at a particular time or as in force from time to time.
See the Poisons and Therapeutic Goods (Poisons List) Proclamation 2016 and the Therapeutic Goods Act 1989 of the Commonwealth.
A person who supplies by wholesale any poison or restricted substance for therapeutic use, except under, and in accordance with the conditions of, a wholesaler’s licence or authority issued under the regulations is guilty of an offence.
Maximum penalty—
(a) 20 penalty units or imprisonment for 2 years, or both, if the offence involves a restricted substance of a kind prescribed by the regulations for the purposes of this section, or
(b) 15 penalty units or imprisonment for 6 months, or both, in any other case.
A wholesaler’s licence authorises its holder to supply by wholesale poisons and restricted substances for therapeutic use in or on humans or both in or on humans and in or on animals.
A wholesaler’s authority authorises its holder to supply by wholesale poisons and restricted substances for therapeutic use only in or on animals.
This section does not apply to a poison specified in Schedule 5 or 6 of the Poisons List.
For the purposes of this section—
(a) poisons or restricted substances are taken to be for use in or on animals if the poisons or restricted substances bear information that indicates that they are, or are otherwise represented as being, for use only in or on animals, and
(b) poisons or restricted substances are taken to be for use in or on humans if they are not exclusively for use in or on animals.
(Repealed)
A person who supplies otherwise than by wholesale any substance specified in Schedule 1, 2 or 3 of the Poisons List except under, and in accordance with the conditions of, a general supplier’s licence or a general supplier’s authority issued under the regulations is guilty of an offence.
Maximum penalty—15 penalty units or imprisonment for 6 months, or both.
Subsection (1) does not apply to a supply—
(a) by a medical practitioner, dentist, veterinary practitioner or pharmacist in the lawful practice of his or her profession, or
(a1) by a nurse practitioner, who is authorised under section 17A to supply the substance, in the lawful practice of his or her profession as such, or
(a2) by an optometrist, who is authorised under section 17B to supply the substance, in the lawful practice of his or her profession as such, or
(a3) by a midwife practitioner who is authorised under section 17A to supply the substance in the lawful practice of his or her profession as such, or
(a4) by a podiatrist, who is authorised under section 17C to supply the substance, in the lawful practice of his or her profession as such, or
(b) by any other person, or person of a class, licensed or authorised by or under this Act to supply the substance.
A person who supplies a restricted substance otherwise than by wholesale is guilty of an offence.
Maximum penalty—
(a) 20 penalty units or imprisonment for 2 years, or both, if the restricted substance involved in the offence is of a kind prescribed by the regulations for the purposes of this section, or
(b) 15 penalty units or imprisonment for 6 months, or both, in any other case.
Subsection (3) does not apply to a supply of a restricted substance—
(a) by a medical practitioner, dentist or veterinary practitioner in the lawful practice of his or her profession, or
(a1) by a nurse practitioner, who is authorised under section 17A to supply the substance, in the lawful practice of his or her profession as such, or
(a2) by an optometrist, who is authorised under section 17B to supply the substance, in the lawful practice of his or her profession as such, or
(a3) by a midwife practitioner who is authorised under section 17A to supply the substance in the lawful practice of his or her profession as such, or
(a4) by a podiatrist, who is authorised under section 17C to supply the substance, in the lawful practice of his or her profession as such, or
(b) by a pharmacist in accordance with the prescription of a medical practitioner, nurse practitioner, midwife practitioner, dentist, optometrist, podiatrist or veterinary practitioner, or
(c) to a patient of a designated hospital, or an inmate of a designated institution, by a person authorised to supply the substance to patients or inmates of the hospital or institution in accordance with the prescription of a medical practitioner, nurse practitioner, midwife practitioner or a dentist, or
(c1) by a person who has the care of, or is assisting in the care of, another person (for or to whom the supply of the substance has been authorised by the prescription of a medical practitioner, nurse practitioner, midwife practitioner or dentist) and who administers the restricted substance to the other person in accordance with that prescription, or
(d) by any other person, or person of a class, licensed or authorised by or under this Act to supply the substance.
The Secretary may at any time revoke an authorisation or designation given for the purposes of subsection (4) (c) for any reason that the Secretary considers appropriate.
As soon as practicable after revoking such an authorisation or designation, the Secretary must notify the revocation in writing to the person, hospital or institution concerned. The notice must specify the reason for the revocation.
In this section—
A holder of a wholesaler’s licence or a wholesaler’s authority who supplies to a person other than an authorised person—
(a) a substance specified in Schedule 1, 2, 3 or 7 of the Poisons List, or
(b) a restricted substance,
is guilty of an offence.
Maximum penalty—
(a) 20 penalty units or imprisonment for 2 years, or both, if the offence involves a restricted substance of a kind prescribed by the regulations for the purposes of this section, or
(b) 15 penalty units or imprisonment for 6 months, or both, in any other case.
In this section,
(a) a medical practitioner, dentist, veterinary practitioner or pharmacist, or
(a1) a nurse practitioner authorised under section 17A to supply or use, or have possession of, the substance concerned, or
(a2) an optometrist authorised under section 17B to supply or use, or have possession of, the substance concerned, or
(a3) a midwife practitioner authorised under section 17A to supply or use, or have possession of, the substance concerned, or
(a4) a podiatrist authorised under section 17C to supply or use, or have possession of, the substance concerned, or
(b) a holder of a manufacturer’s licence, a wholesaler’s licence or a wholesaler’s authority, or
(c) a holder of a general supplier’s licence or a general supplier’s authority, or
(d) any other person licensed or authorised by or under this Act to supply or use, or have possession of, the substance concerned.
A person who, by a representation that the person knows, or ought reasonably to know, is false or misleading in a material respect, obtains, or attempts to obtain, from an authorised person—
(a) a substance specified in Schedule 1, 2, 3 or 7 of the Poisons List, or
(b) a restricted substance,
is guilty of an offence.
Maximum penalty—10 penalty units or imprisonment for 6 months, or both.
In this section,
(a) a medical practitioner, dentist, veterinary practitioner or pharmacist, or
(a1) a nurse practitioner authorised under section 17A to supply or use, or have possession of, the substance concerned, or
(a2) an optometrist authorised under section 17B to supply or use, or have possession of, the substance concerned, or
(a3) a midwife practitioner authorised under section 17A to supply or use, or have possession, of, the substance concerned, or
(a4) a podiatrist authorised under section 17C to supply or use, or have possession of, the substance concerned, or
(b) a holder of a manufacturer’s licence, a wholesaler’s licence or a wholesaler’s authority, or
(c) a holder of a general supplier’s licence or a general supplier’s authority, or
(d) any other person licensed or authorised by or under this Act to supply or use, or have possession of, the substance concerned.
(Repealed)
A person shall not have in his or her possession or attempt to obtain possession of a prescribed restricted substance unless—
(a) the person is a medical practitioner, pharmacist, dentist or veterinary practitioner, and the person obtains possession or attempts to obtain possession of it in the lawful practice of the person’s profession as such,
(a1) the person is a nurse practitioner who is authorised under section 17A to possess the substance and the person obtains possession or attempts to obtain possession of it in the lawful practice of his or her profession,
(a2) the person is an optometrist who is authorised under section 17B to possess the substance and the person obtains possession or attempts to obtain possession of it in the lawful practice of his or her profession,
(a3) the person is a midwife practitioner who is authorised under section 17A to possess the substance and the person obtains possession or attempts to obtain possession of it in the lawful practice of his or her profession,
(a4) the person is a podiatrist who is authorised under section 17C to possess the substance and the person obtains possession or attempts to obtain possession of it in the lawful practice of his or her profession,
(b) the person obtains possession or attempts to obtain possession of it on and in accordance with the prescription of a medical practitioner, nurse practitioner, midwife practitioner, dentist, optometrist, podiatrist or veterinary practitioner for its supply to the person,
(c) the person is a person or belongs to a class of persons authorised by the Secretary for the purposes of section 10 (4) (c),
(d) the person is a person authorised in writing by the Secretary to obtain possession of the prescribed restricted substance for the purposes of the person’s profession or employment and obtains, or attempts to obtain, as the case may be, possession of the prescribed restricted substance in accordance with any conditions subject to which the person is so authorised,
(d1) the person is a person who has the care of, or is assisting in the care of, another person (for or to whom the supply of the substance has been authorised by the prescription of a medical practitioner, nurse practitioner, midwife practitioner, optometrist, podiatrist or dentist) and has the prescribed restricted substance in his or her possession for the sole purpose of administering, or assisting in the self-administration of, the substance to the other person in accordance with that prescription, or
(e) the person is licensed or otherwise authorised by this Act or the regulations to obtain possession of the substance for the purposes of his or her profession or employment.
Maximum penalty—
(a) for an offence relating to a prescribed restricted substance that is an anabolic or androgenic steroidal agent, 20 penalty units or imprisonment for 2 years, or both, and
(b) for an offence relating to a prescribed restricted substance other than an anabolic or androgenic steroidal agent, 20 penalty units or imprisonment for 6 months, or both.
A person shall not forge or fraudulently alter, or utter, knowing it to be forged or fraudulently altered, any prescription of a medical practitioner, nurse practitioner, midwife practitioner, dentist, optometrist, podiatrist or veterinary practitioner including any prescribed restricted substance.
Maximum penalty—20 penalty units or imprisonment for 6 months, or both.
A person who—
(a) by a representation that the person knows, or ought reasonably to know, is false or misleading—
(i) obtains, or attempts to obtain, from a medical practitioner, nurse practitioner, midwife practitioner, dentist, optometrist, podiatrist or veterinary practitioner a prescription that includes a restricted substance of a kind prescribed by the regulations for the purposes of this section, or
(ii) induces, or attempts to induce, a pharmacist to dispense a prescription that includes such a substance, knowing the prescription to be forged or fraudulently altered, or
(iii) induces, or attempts to induce, a pharmacist to dispense a prescription that includes such a substance, knowing the prescription to have been obtained as referred to in subparagraph (i), or
(b) is in actual possession of a prescription that includes such a substance, knowing the prescription to be forged or fraudulently altered, or
(c) is in actual possession of a prescription obtained as referred to in paragraph (a) (i), knowing the prescription to be so obtained,
is guilty of an offence.
Maximum penalty—20 penalty units or imprisonment for 6 months, or both.
Any prescribed restricted substance in the order or disposition of a person shall, for the purposes of subsection (1), be deemed to be in the person’s possession.
A person shall not be guilty of an offence against subsection (1) by virtue of the person having in his or her possession, or attempting to obtain possession of, a prescribed restricted substance if the person proves that he or she had possession, or attempted to obtain possession, of the substance only for the purpose of delivering it—
(a) to a medical practitioner, nurse practitioner, midwife practitioner, pharmacist, dentist, optometrist, podiatrist or veterinary practitioner, or
(b) to a person to whom its supply has been authorised by the prescription of a medical practitioner, nurse practitioner, midwife practitioner, dentist, optometrist, podiatrist or veterinary practitioner.
Without limiting the generality of section 45C, the Governor may make regulations under this Part for or with respect to—
(a) the issue, renewal, refusal to issue or renew, suspension and cancellation of licences and authorities for the purposes of this Part and the conditions subject to which licences or authorities may be issued or renewed for those purposes,
(a1) fixing the fees to be paid in respect of any licence issued or renewed under this Part,
(b) the colouring of any poisons and restricted substances,
(c) the conditions under which poisons and restricted substances shall be supplied, disposed of, obtained, stored, kept or used,
(d) the shape, size, colour and materials of, and method of sealing, the container or package in which any poison or restricted substance shall or shall not be supplied,
(e) requiring the container or package in which any prescribed poison or restricted substance is cased, covered, enclosed, contained or packed for supply to have printed thereon or on the label affixed or attached thereto such particulars as may be prescribed,
(f) the conditions under which any proprietary preparation for use as a sheep or cattle dip, or for agricultural, pastoral, veterinary, piscicultural or horticultural purposes or as a vermicide shall be exempt from the operation of the provisions of this Part or any regulations made under this Part,
(g) requiring persons engaged in the supply of any poison or restricted substance to keep records and furnish to any prescribed person information (whether in writing or otherwise),
(h) the issue of prescriptions or orders for any poison or restricted substance, the dispensing of such prescriptions and the supply of poisons and any such substance on such a prescription or order,
(i) prohibiting or regulating the free distribution of any poison or restricted substance,
(j) (Repealed)
(j1) prohibiting or regulating the administering, otherwise than on the order of a medical practitioner, nurse practitioner, midwife practitioner, optometrist, podiatrist or dentist, of any restricted substance prescribed for the purposes of section 16.
(k) (Repealed)
A regulation made under this Part may apply—
(a) to all poisons and restricted substances, to any poison or restricted substance specified in the regulation or to all poisons and restricted substances other than those so specified, and
(b) to all persons, to persons or classes of persons specified in the regulation, or to all persons other than persons or classes of persons so specified.
A nurse is authorised to possess, use, supply or prescribe a poison, restricted substance or drug of addiction for the purposes of the practice of nursing, if—
(a) the nurse’s registration has an endorsement of a kind referred to in section 94 of the Health Practitioner Regulation National Law (NSW) that qualifies the nurse to possess, use, supply or prescribe that poison, restricted substance or drug of addiction, or
(b) the nurse is a nurse practitioner who is authorised in writing by the Secretary to possess, use, supply or prescribe that poison, restricted substance or drug of addiction.
A midwife is authorised to possess, use, supply or prescribe a poison, restricted substance or drug of addiction for the purposes of the practice of midwifery, if—
(a) the midwife’s registration has an endorsement of a kind referred to in section 94 of the Health Practitioner Regulation National Law (NSW) that qualifies the midwife to possess, use, supply or prescribe that poison, restricted substance or drug of addiction, or
(b) the midwife is a midwife practitioner who is authorised in writing by the Secretary to possess, use, supply or prescribe that poison, restricted substance or drug of addiction.
An optometrist whose registration has an endorsement of a kind referred to in section 94 of the Health Practitioner Regulation National Law (NSW) that qualifies the optometrist to possess, use, supply or prescribe a poison or restricted substance is authorised to possess, use, supply or prescribe that poison or restricted substance for the purposes of the practice of optometry.
A podiatrist whose registration has an endorsement of a kind referred to in section 94 of the Health Practitioner Regulation National Law (NSW) that qualifies the podiatrist to possess, use, supply or prescribe a poison or restricted substance is authorised to possess, use, supply or prescribe that poison or restricted substance for the purposes of the practice of podiatry.
The Secretary may, by order in writing, authorise a specified person or class of persons to manufacture, possess, use or supply a specified Schedule 9 substance (not being a prohibited drug within the meaning of the Drug Misuse and Trafficking Act 1985) for medical or scientific research, analytical, teaching or training purposes or for industrial or commercial purposes.
The authorisation may be given unconditionally or subject to conditions.
A person who fails to comply with a condition of a licence or authority issued for the purposes of this Part is guilty of an offence.
Maximum penalty—
(a) 20 penalty units or imprisonment for 2 years, or both, if the offence involves a restricted substance of a kind prescribed by the regulations for the purposes of this section, or
(b) 15 penalty units or imprisonment for 6 months, or both, in any other case.
In this section,
The Secretary may, by order in writing served on a relevant person, prohibit or restrict the person from possessing, supplying or prescribing a substance specified in Schedule 2, 3 or 4 of the Poisons List that the person—
(a) possesses, supplies or prescribes in the practice of the person’s profession as a relevant person, or
(b) is licensed or authorised by or under this Act to possess, supply or prescribe.
Such an order may be made for any one or more of the following reasons—
(a) the person has requested or agreed in writing to the making of the order,
(b) the person is convicted of an offence against this Act or the regulations made under this Act, or of an offence against the Drug Misuse and Trafficking Act 1985 or the regulations made under that Act, or an order has been made against the person under section 10 (1) of the Crimes (Sentencing Procedure) Act 1999 in respect of such an offence,
(c) the person has, in the opinion of the Secretary, failed to comply with any prohibition, restriction or condition imposed on the person by an order under this section,
(d) the person is, in the opinion of the Secretary, a person who should be restricted or prohibited from possessing, supplying or prescribing such a substance for the purpose of protecting the life, or the physical or mental health, of that or any other person (whether or not any other such person is identifiable).
An order that restricts a person as referred to in subsection (2)—
(a) may be made unconditionally or subject to conditions, and
(b) may apply generally or be limited in its application by reference to specified exceptions or factors, and
(c) may apply differently according to different factors of a specified kind.
An order under this section must specify the grounds on which it is made.
An order under this section takes effect—
(a) in the case of an order made on the grounds referred to in subsection (3) (d), when the order is served on the person against whom it is made, or
(b) in any other case, on the date specified in the order in that regard.
Except in the case of an order that is made on the ground referred to in subsection (3) (a), the date referred to in subsection (6) (b) must be a date occurring not less than 14 days after the date on which the order is served on the person against whom it is made.
A person must not contravene any order in force under this section.
Maximum penalty—20 penalty units.
A person who has actual possession of a quantity of a prescribed restricted substance exceeding the quantity prescribed for the purposes of this subsection is, for the purposes of any proceedings for an offence involving the supply of a quantity of that substance, taken to have possession of the substance for the purposes of supply unless the person—
(a) proves the contrary, or
(b) proves that the possession of the substance was obtained in accordance with the prescription of a medical practitioner, nurse practitioner, midwife practitioner, optometrist, podiatrist, dentist or veterinary practitioner.
A substance that, for the purpose of being supplied, is represented as being a particular prescribed restricted substance is taken to be that particular restricted substance for the purposes of any proceedings for an offence involving the supply of a prescribed restricted substance.
In this section,
The object of this Division is to prescribe requirements in respect of certain substances and goods that may be used for cosmetic and other purposes.
This Division applies to the following—
(a) botulinum toxins for human use,
(b) hyaluronic acid and its polymers in preparations for injection or implantation,
(c) any other substance specified in Schedule 2, Schedule 3, Schedule 4 or Schedule 8 of the Poisons List that is prescribed by the regulations,
(d) any therapeutic goods prescribed by the regulations.
The regulations may prescribe requirements in respect of the possession, manufacture, supply, use, prescription, administration, storage and disposal of any substance or goods to which this Division applies.
A person who contravenes a requirement prescribed for the purposes of this section and identified in the regulations as a category 1 requirement or a category 2 requirement is guilty of an offence.
Maximum penalty—
(a) in the case of a requirement identified in the regulations as a category 1 requirement—1,000 penalty units in the case of a body corporate or 200 penalty units or imprisonment for 6 months (or both) in the case of an individual, or
(b) in the case of a requirement identified in the regulations as a category 2 requirement—250 penalty units in the case of a body corporate or 50 penalty units in any other case.
(Repealed)
In this part—
A person who supplies vaping goods in New South Wales is guilty of an offence.
Maximum penalty—7 years imprisonment or 14,000 penalty units, or both.
A person who supplies vaping goods in New South Wales is guilty of a strict liability offence.
Maximum penalty—560 penalty units.
Subsections (1) and (2) do not apply if—
(a) subsections (4)–(6) apply in relation to the supply of the vaping goods by the person, or
Note— Subsections (4)–(6) together apply in relation to wholesale supply of vaping goods.
(b) subsections (4), (7) and (8) apply in relation to the supply of the vaping goods by the person.
Note— Subsections (4), (7) and (8) together apply in relation to retail supply of vaping goods.
This subsection applies in relation to the supply of vaping goods by the person if—
(a) the vaping goods are therapeutic goods included in the Australian Register of Therapeutic Goods, or
(b) both of the following apply—
(i) the vaping goods are therapeutic goods—
(A) that are exempt goods under regulations made under the Commonwealth Act, section 18(1) or an exempt device under regulations made under the Commonwealth Act, section 41HA(1), and
(B) in relation to which the sponsor has given the Commonwealth Secretary a notice in compliance with the exemption,
(ii) the vaping goods are not the subject of a determination by the Commonwealth Secretary, published on the Commonwealth Department’s website, that the supply of the goods be stopped or should be stopped because the Commonwealth Secretary is satisfied that the supply of the goods compromises public health and safety or the goods do not conform with a standard applicable to the goods, or
(c) the vaping goods are covered by a section 41R determination.
This subsection applies in relation to the supply of the vaping goods by the person if—
(a) the person is—
(i) the holder of a licence or permission, granted under regulations made under the Customs Act 1901 of the Commonwealth, section 50 to import the vaping goods, or
(ii) otherwise approved under those regulations to import the vaping goods, or
(b) the person is the holder of a licence under the Commonwealth Act, Part 3-3 that—
(i) is in force, and
(ii) authorises a step in the manufacture of the vaping goods, or
(c) the person is the holder of a conformity assessment document that applies to the vaping goods, or
(d) both of the following apply—
(i) the person is a wholesaler who is the holder of a licence or authority, or is otherwise authorised, under this Act to supply one or more substances included in the Poisons List, Schedule 3,
(ii) the supply is in accordance with the licence or authority, or
(e) both of the following apply—
(i) the person has been given a section 41RC consent to supply the vaping goods,
(ii) the supply is in accordance with the consent, or
(f) if the vaping goods are covered by a section 41R determination—
(i) the person is specified in the determination, or is included in a class of persons specified in the determination, in relation to the vaping goods, and
(ii) the supply is in accordance with the determination.
This subsection applies in relation to the supply of the vaping goods by the person if—
(a) the person (the
recipient ) to whom the vaping goods are supplied is the holder of a licence under the Commonwealth Act, Part 3-3 that—(i) is in force, and
(ii) authorises a step in the manufacture of the vaping goods, or
(b) the recipient is a wholesaler, pharmacist, medical practitioner or nurse practitioner who is the holder of a licence, or is otherwise authorised, to supply one or more substances included in the Poisons List, Schedule 3 under a law of the State or Territory in which the recipient carries on a business, practises or is employed, or
(c) the recipient has been given a section 41RC consent to supply the vaping goods, or
(d) if the vaping goods are covered by a section 41R determination—the recipient is specified in the determination, or is included in a class of persons specified in the determination, in relation to the vaping goods.
This subsection applies in relation to the supply of the vaping goods by the person if the person is a pharmacist, medical practitioner or nurse practitioner.
This subsection applies in relation to the supply of the vaping goods by the person if—
(a) the supply is—
(i) to another person for use by the other person for smoking cessation, management of nicotine dependence or another indication determined by the Commonwealth Minister under the Commonwealth Act, section 41RA, or
(ii) to another person, who is the carer of a third person, for use by the third person for smoking cessation, management of nicotine dependence or another indication determined by the Commonwealth Minister under the Commonwealth Act, section 41RA, and
(b) if the vaping goods are, or contain, a vaping substance—the vaping substance is in final dosage form, and
(c) the supply is—
(i) apart from this section, otherwise in accordance with this Act, and
(ii) consistent with the person’s authority to supply the vaping goods under a law of New South Wales.
For the purposes of paragraph (8)(b), a vaping substance is in
A person is guilty of an offence if—
(a) the person possesses a quantity of a kind of vaping goods in New South Wales, and
(b) the quantity is at least the commercial quantity, but less than 100 times the commercial quantity, of the kind of vaping goods.
Maximum penalty—2 years imprisonment or 2,800 penalty units, or both.
A person is guilty of a strict liability offence if—
(a) the person possesses a quantity of a kind of vaping goods in New South Wales, and
(b) the quantity is at least the commercial quantity, but less than 100 times the commercial quantity, of the kind of vaping goods.
Maximum penalty—330 penalty units.
A person is guilty of an offence if—
(a) the person possesses a quantity of a kind of vaping goods in New South Wales, and
(b) the quantity is at least 100 times the commercial quantity, but less than 1,000 times the commercial quantity, of the kind of vaping goods.
Maximum penalty—5 years imprisonment or 8,400 penalty units, or both.
A person is guilty of a strict liability offence if—
(a) the person possesses a quantity of a kind of vaping goods in New South Wales, and
(b) the quantity is at least 100 times the commercial quantity, but less than 1,000 times the commercial quantity, of the kind of vaping goods.
Maximum penalty—670 penalty units.
A person is guilty of an offence if—
(a) the person possesses a quantity of a kind of vaping goods in New South Wales, and
(b) the quantity is at least 1,000 times the commercial quantity of the kind of vaping goods.
Maximum penalty—7 years imprisonment or 14,000 penalty units, or both.
A person is guilty of a strict liability offence if—
(a) the person possesses a quantity of a kind of vaping goods in New South Wales, and
(b) the quantity is at least 1,000 times the commercial quantity of the kind of vaping goods.
Maximum penalty—1,170 penalty units.
Subsections (1) and (2) do not apply in relation to the possession of the vaping goods by the person if—
(a) the vaping goods have been lawfully supplied to the person, and
(b) the vaping goods are for use by the person personally, and
(c) the quantity of the vaping goods is less than 5 times the commercial quantity of the kind of vaping goods.
Subsections (1)–(6) do not apply if subsections (9) and (10) apply in relation to the possession of the vaping goods by the person.
This subsection applies in relation to the possession of the vaping goods by the person if—
(a) the vaping goods are therapeutic goods included in the Australian Register of Therapeutic Goods, or
(b) both of the following apply—
(i) the vaping goods are therapeutic goods—
(A) that are exempt goods under regulations made under the Commonwealth Act, section 18(1) or an exempt device under regulations made under the Commonwealth Act, section 41HA(1), and
(B) in relation to which the sponsor has given the Commonwealth Secretary a notice in compliance with the exemption,
(ii) the vaping goods are not the subject of a determination by the Commonwealth Secretary, published on the Commonwealth Department’s website, that the supply of the goods be stopped or should be stopped because the Commonwealth Secretary is satisfied that the supply of the goods compromises public health and safety or the goods do not conform with a standard applicable to the goods, or
(c) the vaping goods are covered by a section 41R determination.
This subsection applies in relation to the possession of the vaping goods by the person if—
(a) the person—
(i) is the holder of a licence or permission, granted under regulations made under the Customs Act 1901 of the Commonwealth, section 50, to import the vaping goods, or
(ii) is otherwise approved under those regulations to import the vaping goods, or
(b) the person is the holder of a licence under the Commonwealth Act, Part 3-3 that—
(i) is in force, and
(ii) authorises a step in the manufacture of the vaping goods, or
(c) the person is the holder of a conformity assessment document that applies to the vaping goods, or
(d) both of the following apply—
(i) the person is a wholesaler, pharmacist, medical practitioner or nurse practitioner who is the holder of a licence, or is otherwise authorised, under this Act to supply one or more substances included in the Poisons List, Schedule 3,
(ii) the possession of the vaping goods is in accordance with the licence or authority, or
(e) both of the following apply—
(i) the person has been given a section 41RC consent to possess the vaping goods,
(ii) the possession of the vaping goods is in accordance with the consent, or
(f) if the vaping goods are covered by a section 41R determination—
(i) the person is specified in the determination, or is included in a class of persons specified in the determination, in relation to the vaping goods, and
(ii) the possession of the vaping goods is in accordance with the determination.
A person is guilty of an offence if—
(a) the person is a retailer in relation to retail premises in New South Wales, and
(b) the person possesses a quantity of a kind of vaping goods at the retail premises, and
(c) the quantity is less than the commercial quantity of the kind of vaping goods.
Maximum penalty—12 months imprisonment or 1,400 penalty units, or both.
A person is guilty of a strict liability offence if—
(a) the person is a retailer in relation to retail premises in New South Wales, and
(b) the person possesses a quantity of a kind of vaping goods at the retail premises, and
(c) the quantity is less than the commercial quantity of the kind of vaping goods.
Maximum penalty—160 penalty units.
Subsections (1) and (2) do not apply if subsections (4) and (5) apply in relation to the possession of the vaping goods by the person.
This subsection applies in relation to the possession of the vaping goods by the person if—
(a) the vaping goods are therapeutic goods included in the Australian Register of Therapeutic Goods, or
(b) both of the following apply—
(i) the vaping goods are therapeutic goods—
(A) that are exempt goods under regulations made under the Commonwealth Act, section 18(1) or an exempt device under regulations made under the Commonwealth Act, section 41HA(1), and
(B) in relation to which the sponsor has given the Commonwealth Secretary a notice in compliance with the exemption,
(ii) the vaping goods are not the subject of a determination by the Commonwealth Secretary, published on the Commonwealth Department’s website, that the supply of the goods be stopped or should be stopped because the Commonwealth Secretary is satisfied that the supply of the goods compromises public health and safety or the goods do not conform with a standard applicable to the goods, or
(c) the vaping goods are covered by a section 41R determination.
This subsection applies in relation to the possession of the vaping goods by the person if—
(a) both of the following apply—
(i) the person is a wholesaler, pharmacist, medical practitioner or nurse practitioner who is the holder of a licence, or is otherwise authorised, under this Act to supply one or more substances included in the Poisons List, Schedule 3,
(ii) the possession of the vaping goods is in accordance with the licence or authority, or
(b) both of the following apply—
(i) the person has been given a section 41RC consent to possess the vaping goods,
(ii) the possession of the vaping goods is in accordance with the consent, or
(c) if the vaping goods are covered by a section 41R determination—
(i) the person is specified in the determination, or is included in a class of persons specified in the determination, in relation to the vaping goods, and
(ii) the possession of the vaping goods is in accordance with the determination.
Subsections (1) and (2) do not apply in relation to the possession of the vaping goods by the person if—
(a) the vaping goods are for use by the person personally, and
(b) the quantity of the vaping goods is not more than the permitted quantity of the kind of vaping goods.
In this section—
(a) premises from which goods or services are available for supply, or are supplied, to a consumer, or
(b) premises that are used in connection with the supply of goods or services to a consumer.
(a) an owner, lessee or occupier of the retail premises,
(b) a person conducting a business or undertaking at, or in connection or association with, the retail premises,
(c) a director, officer or agent of a person referred to in paragraph (a) or (b),
(d) a person performing work in any capacity, including an employee or a contractor, for, or on behalf of, a person referred to in paragraph (a), (b) or (c) at or in connection with the retail premises.
Despite any other provision of or made under this or any other Act, a person who has the care of, or is assisting in the care of, another person (for or to whom the supply of a drug of addiction has been authorised by the prescription of a medical practitioner, nurse practitioner, midwife practitioner or dentist) is not guilty of an offence in relation to the possession or supply of the drug if the person is in possession of the drug for the sole purpose of administering, or assisting in the self-administration of, the drug to the other person and does so in accordance with that prescription.
Without limiting the generality of section 45C, the Governor may, for the purpose of preventing the improper use of drugs of addiction, make regulations under this Division for or with respect to—
(a) prohibiting the manufacture of any drug of addiction except on premises licensed for the purpose and subject to the conditions specified in the licence,
(b) prohibiting the manufacture or supply of any such drug except by persons licensed or otherwise authorised under the regulations and subject to any conditions specified in the licence or authority,
(c) prohibiting the issue by persons other than medical practitioners, nurse practitioners, midwife practitioners, dentists or veterinary practitioners of prescriptions containing any such drug,
(d) prohibiting or regulating the issue by medical practitioners, nurse practitioners, midwife practitioners, dentists or veterinary practitioners of prescriptions containing any such drug, the dispensing of such prescriptions, and the supply of any such drugs thereunder,
(e) requiring persons engaged in the manufacture or supply of any such drug to keep such books and furnish such information either in writing or otherwise to such persons as may be prescribed, and making provision for the inspection of such books and records by prescribed persons,
(f) fixing the fees to be paid in respect of any licence, inspection, permit, or authority made or issued under the regulations,
(g) providing for the forfeiture of any such drug unlawfully in the possession of any person,
(h) providing that any specified breach of the regulations shall be regarded as “misconduct in a professional respect” within the meaning of any Act,
(h1) prohibiting or regulating the administering, otherwise than on the order of a medical practitioner, nurse practitioner, midwife practitioner or dentist, of any drug of addiction, and
(i) generally, regulating and controlling the manufacture, possession and supply of drugs of addiction.
(j) (Repealed)
Regulations shall be made under this Division making provision for or with respect to—
(a) authorising pharmacists to be in possession of any drug of addiction for the purposes of—
(i) manufacturing at their respective shops in the ordinary course of their respective retail businesses any preparation, admixture, or extract of that drug, and
(ii) carrying on at their respective shops the business of supplying, dispensing, or compounding that drug,
(b) authorising medical practitioners, pharmacists employed in dispensing medicines at any public hospital or other institution, dentists and veterinary practitioners to be in possession of and to supply, in the lawful practice of their professions as such, any drug of addiction, subject to such conditions and restrictions as may be prescribed,
(b1) authorising nurse practitioners or midwife practitioners employed in dispensing medicines at any public hospital or other institution to be in possession of and to supply, in the lawful practice of their professions as such, any drug of addiction, subject to such conditions and restrictions as may be prescribed,
(c) authorising persons in charge of laboratories for the purpose of research or instruction, and such other persons as to the Minister may seem proper to be in possession of any drug of addiction for the purposes of their professions or employments, subject to such conditions and restrictions as may be prescribed,
(d) the issue, grant and renewal of licences or authorities for the purposes of this Division by the Secretary on such terms and subject to such conditions (including in the case of a licence the payment of a fee) as the Secretary thinks proper, and
(e) the withdrawal and suspension of any such licence or authority by the Secretary.
(f) (Repealed)
(Repealed)
(a) A general licence to manufacture drugs of addiction shall not be issued.
(b) A licence to manufacture drugs of addiction shall be limited to the manufacture of a particular drug or drugs specified in the licence.
(c) Several licences to manufacture drugs of addiction may be issued to the same person.
Subject to this Division, a regulation made under this Division may apply—
(a) to all drugs of addiction, to any such drug specified in the regulation, or to all such drugs other than those so specified, and
(b) to all persons, to persons or classes of persons specified in the regulations, or to all persons other than persons or classes of persons so specified.
Any person—
(a) (Repealed)
(b) who acts in contravention of or fails to comply with the conditions of any licence issued or authority granted under or in pursuance of this Division, or
(c) who, for the purpose of obtaining, whether for himself or herself or for any other person, the issue, grant, or renewal of any such licence or authority as aforesaid, makes any declaration or statement which is false in any particular, or knowingly utters, produces, or makes use of any such declaration or statement or a document containing such a declaration or statement,
shall be guilty of an offence against this Division.
Every person guilty of an offence against this Division shall in respect of each offence be liable to a fine not exceeding 20 penalty units or to imprisonment for a term not exceeding 2 years, or to both such fine and imprisonment, and the court convicting any such person may order that any article in respect of which the offence was committed shall be forfeited to Her Majesty.
The court before which the offender was convicted of an offence against this Division may order any forfeited articles to be destroyed or otherwise disposed of as the court thinks fit.
No person shall, on conviction for any offence of contravening or failing to comply with the conditions of any licence issued or authority granted under the regulations made under this Division to supply a drug of addiction or any regulation relating to the keeping of books or the issuing or dispensing of prescriptions containing a drug of addiction, be sentenced to imprisonment without the option of a fine or to pay a fine exceeding 1 penalty unit, if the court dealing with the case is satisfied that the offence was committed through inadvertence and was not preparatory to or committed in the course of or in connection with the commission or intended commission of any other offence against this Division.
Any person who attempts to commit an offence against this Division, or solicits or incites another person to commit such an offence, shall, without prejudice to any other liability, be liable to the same punishment and forfeiture as if the person had committed an offence against this Division.
(Repealed)
In any proceedings against a person for an offence against this Division it shall not be necessary to negative by evidence any licence, authority, or other matter of exception or defence, and the burden of proving any such matter shall lie on the person seeking to avail himself or herself of the matter.
In this Division—
(a) a drug of addiction, or
(b) a prohibited drug within the meaning of the Drug Misuse and Trafficking Act 1985,
an overpowering desire for the continued administration of such a drug.
A medical practitioner or nurse practitioner must not, without the proper authority, prescribe for or supply to any person a type A drug of addiction.
A medical practitioner or nurse practitioner must not, without the proper authority, prescribe or supply a type B drug of addiction—
(a) for continuous therapeutic use by a person for a period exceeding 2 months, or
(b) for a period that, together with any other period for which that drug or any other type B drug of addiction has been prescribed or supplied by the medical practitioner or nurse practitioner or has, to the medical practitioner’s or nurse practitioner’s knowledge, been prescribed or supplied by any other medical practitioner or nurse practitioner, would result in that drug, or that drug together with any other such drug, being prescribed or supplied for continuous therapeutic use for a period exceeding 2 months.
A medical practitioner or nurse practitioner must not, without the proper authority, prescribe for or supply to a person who, in the opinion of the medical practitioner or nurse practitioner, is a drug dependent person a type C drug of addiction.
For the purposes of this section,
A drug of addiction may be prescribed for or supplied to a person by a medical practitioner or nurse practitioner without the proper authority if the medical practitioner or nurse practitioner is authorised by the regulations to prescribe or supply the drug without an authority under section 29.
In this section—
The Secretary may, on the recommendation of the Medical Committee, approve a medical practitioner as a prescriber of drugs of addiction.
Application for such an approval must be made to the Secretary in writing and must be referred by the Secretary to the Medical Committee for its recommendation.
An applicant must provide the Secretary—
(a) in the application, and
(b) before approval of the application,
with such information relevant to the application as the Secretary requires.
The Secretary may give an unconditional approval or an approval subject to specified conditions.
An approval given subject to conditions is ineffective unless the conditions are complied with.
The Secretary may, on the recommendation of the Medical Committee—
(a) revoke an approval or a condition of an approval,
(b) amend a condition of an approval,
(c) impose a condition of an approval that was an unconditional approval, or
(d) impose an additional condition of an approval.
The Secretary may, pending receipt of a recommendation for the purposes of subsection (6) or before referring the matter to the Medical Committee for a recommendation if the circumstances are sufficiently urgent to require immediate action—
(a) suspend an approval, or
(b) impose or amend a condition of an approval.
The Secretary may arrange for an approval to be referred from time to time to the Medical Committee for review and a report and recommendation to the Secretary as a result of the review.
Nothing in this section prevents the Secretary from refusing an application or from referring for report and recommendation by the Medical Committee any question arising under this section.
For the purposes of subsection (7), the circumstances are sufficiently urgent to require immediate action with respect to a medical practitioner’s approval if the Secretary is of the opinion that the action is necessary for the purpose of protecting the life, or the physical or mental health, of the medical practitioner or any other person (whether or not any other such person is identifiable).
An application for the authority of the Secretary referred to in section 28 is to be in a form approved by the Secretary.
Any such application may be referred by the Secretary to the Medical Committee.
The Secretary may give an authority for the medical practitioner or nurse practitioner by whom any such application is made to prescribe for or supply to the person to whom the application relates any drug of addiction specified in that authority for the purpose of the treatment of that person.
Where the Secretary refers an application to the Medical Committee, the Secretary shall take into consideration any report of that Committee relating to that application made before the authority is granted.
If an application has been referred to the Medical Committee under subsection (2), the Secretary may issue a temporary authority to the applicant expiring on a specified date that is not later than 4 months after its issue.
An authority (whether or not a temporary authority)—
(a) may specify the maximum quantity of the drug of addiction that may be so prescribed or supplied by the medical practitioner or nurse practitioner,
(b) may specify the period for which any such drug may be so prescribed or supplied,
(c) may be given subject to such conditions as the Secretary thinks fit and specifies in the authority, and
(d) is to be in a form approved by the Secretary.
Any such authority given verbally shall be confirmed in writing or by electronic communication as soon as practicable after it is given.
The Secretary may revoke an authority (including a temporary authority) given under this section.
The Secretary may arrange for an authority to be referred from time to time to the Medical Committee for review and a report and recommendation to the Secretary as a result of the review.
The Minister shall constitute a Medical Committee for the purposes of this Division.
The Medical Committee shall consist of—
(a) a medical practitioner nominated by the Australian Medical Association (NSW) Limited,
(b) a medical practitioner nominated by the Royal Australasian College of Physicians, New South Wales State Committee, and
(c) a medical practitioner nominated by the Minister.
If within the time specified by the Minister in a notice in writing served on the Australian Medical Association (NSW) Limited, or the Royal Australasian College of Physicians, New South Wales State Committee, as the case may be, a medical practitioner is not nominated for the purpose of subsection (2) (a) or (b) the Minister may appoint any medical practitioner to be a member of the Medical Committee in the place of the member referred to in subsection (2) (a) or (b), as the case may be.
The Medical Committee shall consider every application referred to it under section 28A or 29 (2) and shall, as soon as practicable after the application is referred to it, furnish to the Secretary a report in writing containing a recommendation whether or not an approval or authority of the kind applied for should be given and whether, if given, it should be unconditional or subject to specified conditions.
A member of the Medical Committee is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the member.
This section applies if—
(a) under section 28A (8) or 29 (8) the Secretary refers an approval or an authority to the Medical Committee for review, and
(b) the review of the approval or authority is with respect to a possible contravention of this Act or the regulations, or a failure to comply with any conditions to which the approval or authority is subject.
For the purposes of conducting the review and preparing its report and the recommendation, the Medical Committee may require the Health Care Complaints Commission, the Medical Council of New South Wales, the Medical Board of Australia, the Nursing and Midwifery Council of New South Wales or the Nursing and Midwifery Board of Australia to provide the Medical Committee with any information in the Commission’s, Council’s or Board’s possession that is relevant to the Medical Committee’s review.
This Act binds the Crown not only in right of New South Wales but also, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.
Notes in the text of this Act are explanatory notes only and do not form part of this Act.
Sections 40 and 41 of the Interpretation Act 1987 apply to—
(a) a proclamation made under section 8, and
(b) an order made under section 37,
in the same way as they apply to a statutory rule.
Schedule 3 has effect.
(Repealed)
(Section 6)
In this Schedule—
The Chairperson of the Advisory Committee is the person nominated by the Minister under section 6 (2) as a member.
The Governor may, from time to time, appoint a person to act in the office of an appointed member and the person, while so acting, has all the functions of a member and shall be deemed to be an appointed member.
The Governor may remove from office a person appointed under subclause (1).
A person while acting in the office of an appointed member is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the person.
Subject to this Schedule, an appointed member holds office for such period not exceeding 3 years as is specified in the member’s instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.
A member is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the member.
The office of an appointed member becomes vacant if the member—
(a) dies,
(b) completes a term of office and is not re-appointed,
(c) resigns the office by instrument in writing addressed to the Minister,
(d) is removed from office by the Governor under this clause,
(e) is absent from 4 consecutive meetings of the Advisory Committee of which reasonable notice has been given to the member personally or by post, except on leave granted by the Secretary or unless, before the expiration of 4 weeks after the last of those meetings, the member is excused by the Secretary for having been absent from those meetings,
(f) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit,
(g) becomes a mentally incapacitated person, or
(h) is convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or more or is convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable.
The Governor may remove an appointed member from office at any time.
If the office of an appointed member becomes vacant, a person shall, subject to this Act, be appointed to fill the vacancy.
The Government Sector Employment Act 2013 does not apply to the appointment of an appointed member and an appointed member is not, as a member, subject to that Act.
If by or under any other Act provision is made—
(a) requiring a person who is the holder of a specified office to devote the whole of his or her time to the duties of that office,
(b) prohibiting the person from engaging in employment outside the duties of that office,
the provision does not operate to disqualify the person from holding that office and also the office of a member or from accepting and retaining any remuneration payable to the person under this Act as a member.
(Section 6)
The procedure for the calling of meetings of the Advisory Committee and for the conduct of business at those meetings shall, subject to this Act and the regulations, be as determined by the Advisory Committee.
The quorum for a meeting of the Advisory Committee shall be as prescribed by the regulations.
The Chairperson of the Advisory Committee or, in the absence of the Chairperson, another member elected to chair the meeting by the members present shall preside at a meeting of the Advisory Committee.
The person presiding at a meeting of the Advisory Committee has a deliberative vote and, in the event of an equality of votes, a second or casting vote.
A decision supported by a majority of the votes cast at a meeting of the Advisory Committee at which a quorum is present is a decision of the Advisory Committee.
The Advisory Committee must cause full and accurate minutes to be kept of the proceedings at each meeting of the Advisory Committee.
(Repealed)
(Section 46A)
The regulations may contain provisions of a savings or transitional nature consequent on the enactment of—
• the Poisons Amendment (Therapeutic Goods) Act 1996
• Nurses Amendment (Nurse Practitioners) Act 1998
• Health Legislation Amendment Act 2004 (but only to the extent that it amends this Act)
Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later day.
To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as—
(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of the publication.
In this Part—
If an order in force under section 6 of the earlier Act was applicable to section 42 of that Act immediately before the repeal of that Act by the amending Act, the order is taken to be an order made under section 36 of this Act, as in force after the commencement of Schedule 1 [25] to the amending Act.
If an order in force under section 6 of the earlier Act was applicable to section 43 of that Act immediately before the repeal of that Act by the amending Act, the order is taken to be an order made under section 34 of this Act, as in force after the commencement of Schedule 1 [25] to the amending Act.
If—
(a) a licence authorising its holder to sell a substance or device by wholesale is in force under Division 2 of Part 3 of the earlier Act immediately before the repeal of that Division by the amending Act, and
(b) the substance or device is a substance specified in Schedule 1, 2, 3 or 7 of the Poisons List or a restricted substance,
the licence is taken to be a wholesaler’s licence in force for the purposes of section 9 of this Act (as substituted by the amending Act).
If—
(a) an authority is in force under the regulations immediately before the commencement of Schedule 1 [12] to the amending Act, and
(b) the authority authorises its holder to supply by wholesale for use only in or on animals a substance specified in Schedule 1, 2, 3 or 7 of the Poisons List or a restricted substance,
the authority is taken to be a wholesaler’s authority in force for the purposes of section 9 of this Act.
If a licence was in force under section 9 of this Act (as in force immediately before the commencement of Schedule 1 [12] to the amending Act), the licence is taken to be a general supplier’s licence in force for the purposes of section 10 of this Act (as in force after that commencement).
If—
(a) a licence authorising its holder to use a device is in force under Division 2 of Part 3 of the earlier Act immediately before the repeal of that Division by the amending Act, and
(b) the device is therapeutic goods within the meaning of this Act,
the licence is taken to be a user’s licence in force for the purposes of section 36C of this Act.
A licence that was, immediately before the repeal of the earlier Act by the amending Act, suspended under section 21 of that Act is taken to be suspended for the purposes of this Act. This clause applies to a licence only if the licence is otherwise saved by clause 4.
An inspector holding office under section 29 of the earlier Act immediately before the repeal of that Act by the amending Act is taken to be an inspector appointed under section 42 of this Act (as substituted by the amending Act).
An analyst holding office under section 39 of the earlier Act immediately before the repeal of that Act by the amending Act is taken to be an analyst appointed under section 37A of this Act.
Goods seized under section 30 of the earlier Act and not disposed of under that Act before the repeal of that Act by the amending Act are to be disposed of under the earlier Act as if that Act had not been so repealed.
If a notice served on a person under section 41 of the earlier Act has not been complied with before the repeal of that Act by the amending Act, then, despite that repeal, the notice continues to have effect as if that section had not been repealed.
If a notice served on a person under section 19 or 21 of the earlier Act has not had effect before the repeal of that Act by the amending Act, then, despite that repeal, the notice continues to have effect as if that section had not been repealed.
Section 52 of the earlier Act relating to appeals continues to apply to and in respect of an appeal made under that Act and pending immediately before the repeal of that Act by the amending Act.
Any regulations in force for the purposes of section 24 (2) (f) of this Act immediately before the commencement of Schedule 1 [21] to the amending Act are taken to be regulations made for the purposes of section 45C (1B) (c) of this Act.
Poisons and Therapeutic Goods Act 1966 No 31 (formerly Poisons Act 1966). Assented to 13.4.1966. Date of commencement, except Part 2, 1.11.1967, sec 1 (2) and GG No 107 of 6.10.1967, p 3597; date of commencement of Part 2 (except as provided for by sec 1 (3) (4)), 8.9.1967, sec 1 (2) and GG No 99 of 8.9.1967, p 3281. This Act has been amended as follows—
No 40 | Poisons (Amendment) Act 1967. Assented to 25.9.1967. Date of commencement, 1.11.1967, sec 1 (3) and GG No 107 of 6.10.1967, p 3597. | |
No 53 | Poisons (Amendment) Act 1970. Assented to 26.10.1970. Date of commencement of sec 2 (1) (b), 8.1.1971, sec 1 (2) and GG No 1 of 8.1.1971, p 1. | |
No 47 | Pharmacy (Amendment) Act 1971. Assented to 14.12.1971. Date of commencement, 1.2.1972, sec 1 (2) and GG No 7 of 28.1.1972, p 243. | |
No 14 | Therapeutic Goods and Cosmetics Act 1972. Assented to 22.3.1972. Date of commencement, 30.3.1973, sec 1 (2) and GG No 28 of 2.3.1973, p 640. | |
No 48 | Reprints Act 1972. Assented to 9.10.1972. | |
No 63 | Health Commission Act 1972. Assented to 23.11.1972. Date of commencement of Sch, Part 1, 30.4.1973, sec 2 (c) and GG No 53 of 27.4.1973, p 1428. | |
No 51 | Metric Conversion Act 1974. Assented to 6.5.1974. Date of commencement of Sch, Item 638, 18.7.1975, sec 4 (2) (b) and GG No 94 of 11.7.1975, p 2703. | |
No 5 | Poisons (Amendment) Act 1977. Assented to 11.3.1977. | |
No 110 | Poisons (Further Amendment) Act 1977. Assented to 29.11.1977. Date of commencement, 14.4.1978, sec 2 and GG No 41 of 14.4.1978, p 1189. | |
No 147 | Poisons (Amendment) Act 1979. Assented to 7.12.1979. | |
No 88 | Poisons (Amendment) Act 1981. Assented to 9.6.1981. Date of commencement of Sch 1, 1.10.1981, sec 2 (2) and GG No 137 of 11.9.1981, p 4810. | |
No 138 | Miscellaneous Acts (Health Administration) Amendment Act 1982. Assented to 15.12.1982. Date of commencement of Sch 1, 17.12.1982, sec 2 (2) and GG No 177 of 17.12.1982, p 5869. Amended by Statute Law (Miscellaneous Amendments) Act 1984 No 153. Assented to 10.12.1984. | |
No 38 | Miscellaneous Acts (Search Warrants) Amendment Act 1985. Assented to 26.4.1985. Date of commencement of Sch 1 (except as provided in sec 2 (3)), 28.2.1986, sec 2 (2) and GG No 29 of 14.2.1986, p 654. | |
No 181 | Crimes (Confiscation of Profits) Act 1985. Assented to 4.12.1985. Date of commencement, secs 1 and 2 excepted, 25.5.1986, sec 2 (2) and GG No 85 of 23.5.1986, p 2290. | |
No 227 | Miscellaneous Acts (Drug Misuse and Trafficking) Amendment Act 1985. Assented to 18.12.1985. Date of commencement of Sch 1 (except as provided in sec 2 (2)), 25.5.1986, sec 2 (3) and GG No 85 of 23.5.1986, p 2289. | |
No 48 | Statute Law (Miscellaneous Provisions) Act (No 1) 1987. Assented to 28.5.1987. Date of commencement of Sch 32 (except as provided by sec 2 (13)), 1.9.1987, sec 2 (12) and GG No 136 of 28.8.1987, p 4809. | |
No 246 | Poisons (Amendment) Act 1987. Assented to 16.12.1987. Date of commencement of Sch 1, 1.1.1989, sec 2 (1) and GG No 162 of 28.10.1988, p 5573; date of commencement of Sch 2, 1.11.1988, sec 2 (1) and GG No 162 of 28.10.1988, p 5573; date of commencement of Sch 3, 7.4.1989, sec 2 (1) and GG No 38 of 7.4.1989, p 1767; date of commencement of Sch 4, 30.9.1988, sec 2 (1) and GG No 149 of 30.9.1988, p 5099; date of commencement of Sch 5, assent, sec 2 (2). Amended by Statute Law (Miscellaneous Provisions) Act 1988 No 20. Assented to 28.6.1988. Date of commencement of Sch 20 (except as provided by sec 2 (6)), assent, sec 2 (1). | |
No 131 | Statute Law (Miscellaneous Provisions) Act (No 3) 1988. Assented to 30.12.1988. Date of commencement of Sch 17, 25.5.1986, sec 2 (3). | |
No 89 | Statute Law (Miscellaneous Provisions) Act 1989. Assented to 13.6.1989. Date of commencement of the provisions of Sch 1 relating to the Poisons Act 1966, assent, sec 2 (1). | |
No 108 | Statute Law (Miscellaneous Provisions) Act (No 2) 1990. Assented to 13.12.1990. Date of commencement of the provisions of Sch 1 relating to the Poisons Act 1966, assent, sec 2. | |
No 111 | Statute Law (Miscellaneous Provisions) Act (No 3) 1992. Assented to 8.12.1992. Date of commencement of the provisions of Sch 2 relating to the Poisons Act 1966, assent, Sch 2. | |
No 112 | Statute Law (Penalties) Act 1992. Assented to 8.12.1992. Date of commencement, assent, sec 2. | |
No 46 | Statute Law (Miscellaneous Provisions) Act 1993. Assented to 15.6.1993. Date of commencement of the provisions of Sch 1 relating to the Poisons Act 1966, assent, Sch 1. | |
No 95 | Statute Law (Miscellaneous Provisions) Act (No 2) 1994. Assented to 12.12.1994. Date of commencement of the provisions of Sch 1 relating to the Poisons Act 1966, assent, Sch 1. | |
No 9 | Health Legislation Amendment Act 1995. Assented to 9.6.1995. Date of commencement, 14.6.1995, sec 2 and GG No 72 of 14.6.1995, p 3113. | |
No 11 | Statute Law Revision (Local Government) Act 1995. Assented to 9.6.1995. Date of commencement of Sch 1.93, 23.6.1995, sec 2 (1) and GG No 77 of 23.6.1995, p 3279. | |
No 2 | Poisons Amendment (Therapeutic Goods) Act 1996. Assented to 8.5.1996. Date of commencement, 1.9.1996, sec 2 and GG No 99 of 30.8.1996, p 4984. Amended by Statute Law (Miscellaneous Provisions) Act 1996 No 30. Assented to 21.6.1996. Date of commencement of Sch 2, assent, sec 2 (1). | |
No 30 | Statute Law (Miscellaneous Provisions) Act 1996. Assented to 21.6.1996. Date of commencement of Sch 1.24, assent, sec 2 (2). | |
No 99 | Fines Act 1996. Assented to 26.11.1996. Date of commencement of Sch 2, 27.1.1998, sec 2 (1) and GG No 1 of 2.1.1998, p 4. | |
No 121 | Statute Law (Miscellaneous Provisions) Act (No 2) 1996. Assented to 3.12.1996. Date of commencement of Sch 1.14, assent, sec 2 (2). | |
No 87 | Health Legislation Amendment Act 1997. Assented to 21.10.1997. Date of commencement of Sch 4, 12.12.1997, sec 2 and GG No 146 of 12.12.1997, p 9926. | |
No 147 | Statute Law (Miscellaneous Provisions) Act (No 2) 1997. Assented to 17.12.1997. Date of commencement of Sch 3, 3 months after assent, sec 2 (3). | |
No 154 | Health Services Act 1997. Assented to 19.12.1997. Date of commencement, 1.7.1998, sec 2 and GG No 97 of 26.6.1998, p 4423. | |
No 102 | Nurses Amendment (Nurse Practitioners) Act 1998. Assented to 2.11.1998. Date of commencement, 29.10.1999, sec 2 and GG No 124 of 29.10.1999, p 10238. | |
No 143 | Rural Lands Protection Act 1998. Assented to 8.12.1998. Date of commencement of Sch 6, 28.9.2001, sec 2 and GG No 146 of 28.9.2001, p 8183. | |
No 76 | Health Legislation Amendment Act 1999. Assented to 3.12.1999. Date of commencement, 14.1.2000, sec 2 and GG No 3 of 14.1.2000, p 167. | |
No 85 | Statute Law (Miscellaneous Provisions) Act (No 2) 1999. Assented to 3.12.1999. Date of commencement of Sch 2.48, assent, sec 2 (2); date of commencement of Sch 4, assent, sec 2 (1). | |
No 94 | Crimes Legislation Amendment (Sentencing) Act 1999. Assented to 8.12.1999. Date of commencement of sec 7 and Sch 5, 1.1.2000, sec 2 (1) and GG No 144 of 24.12.1999, p 12184. | |
No 93 | Statute Law (Miscellaneous Provisions) Act (No 2) 2000. Assented to 8.12.2000. Date of commencement of Sch 1.14, assent, sec 2 (2). | |
No 121 | Justices Legislation Repeal and Amendment Act 2001. Assented to 19.12.2001. Date of commencement of Sch 2, 7.7.2003, sec 2 and GG No 104 of 27.6.2003, p 5978. | |
No 30 | Optometrists Act 2002. Assented to 21.6.2002. Date of commencement of Sch 6.5 [1]–[12] [14] and [15], 16.6.2004, sec 2 and GG No 97 of 16.6.2004, p 3723; date of commencement of Sch 6.5 [13] and [16], 1.2.2003, sec 2 and GG No 33 of 31.1.2003, p 596. | |
No 103 | Law Enforcement (Powers and Responsibilities) Act 2002. Assented to 29.11.2002. Date of commencement of Sch 4, 1.12.2005, sec 2 and GG No 45 of 15.4.2005, p 1356. | |
No 45 | Nurses Amendment Act 2003. Assented to 30.9.2003. Date of commencement of Sch 2.15, 1.8.2004, sec 2 (1) and GG No 126 of 30.7.2004, p 6114. | |
No 52 | Health Legislation Amendment Act 2003. Assented to 23.10.2003. Date of commencement, 1.2.2004, sec 2 and GG No 12 of 16.1.2004, p 164. | |
No 82 | Statute Law (Miscellaneous Provisions) Act (No 2) 2003. Assented to 27.11.2003. Date of commencement of Sch 2.23, assent, sec 2 (2). | |
No 87 | Veterinary Practice Act 2003. Assented to 5.12.2003. Date of commencement of Sch 3.18, 1.9.2006, sec 2 (1) and GG No 111 of 1.9.2006, p 7064. | |
No 37 | Health Legislation Amendment Act 2004. Assented to 15.6.2004. Date of commencement, 1.8.2004, sec 2 (1) and GG No 126 of 30.7.2004, p 6113. | |
No 82 | Health Legislation Amendment Act 2005. Assented to 17.11.2005. Date of commencement of Sch 4, 1.1.2006, sec 2 (1) and GG No 157 of 16.12.2005, p 10878. |
No 59 | Pharmacy Practice Act 2006. Assented to 7.9.2006. Date of commencement of Sch 7.13, 25.2.2008, sec 2 (1) and GG No 21 of 22.2.2008, p 1038. Amended by Statute Law (Miscellaneous Provisions) Act (No 2) 2006 No 120. Assented to 4.12.2006. Date of commencement of Sch 2, assent, sec 2 (2). | |
No 89 | Health Legislation Amendment Act 2007. Assented to 13.12.2007. Date of commencement of Sch 2.12, assent, sec 2 (1). | |
No 94 | Miscellaneous Acts (Local Court) Amendment Act 2007. Assented to 13.12.2007. Date of commencement of Sch 2, 6.7.2009, sec 2 and 2009 (314) LW 3.7.2009. | |
No 58 | Hemp Industry Act 2008. Assented to 1.7.2008. Date of commencement of Sch 2.4, 31.10.2008, sec 2 (1) and GG No 138 of 31.10.2008, p 10471. | |
No 112 | Rural Lands Protection Amendment Act 2008. Assented to 10.12.2008. Date of commencement of Sch 6.23, 1.1.2009, sec 2 (1). | |
No 49 | NSW Trustee and Guardian Act 2009. Assented to 26.6.2009. Date of commencement, 1.7.2009, sec 2 and 2009 (305) LW 1.7.2009. | |
No 56 | Statute Law (Miscellaneous Provisions) Act 2009. Assented to 1.7.2009. Date of commencement of Sch 4, 17.7.2009, sec 2 (1). | |
No 34 | Health Practitioner Regulation Amendment Act 2010. Assented to 15.6.2010. Date of commencement of Sch 2, 1.7.2010, sec 2 (2). | |
No 62 | Statute Law (Miscellaneous Provisions) Act (No 2) 2011. Assented to 16.11.2011. Date of commencement of Sch 2.24, 6.1.2012, sec 2 (1). | |
No 39 | Health Legislation Amendment Act 2012. Assented to 21.6.2012. Date of commencement of Sch 1.3, assent, sec 2 (1). | |
No 42 | Statute Law (Miscellaneous Provisions) Act 2012. Assented to 21.6.2012. Date of commencement of Sch 2.27, 6.7.2012, sec 2 (1). | |
No 51 | Local Land Services Act 2013. Assented to 1.7.2013. Date of commencement of Sch 7, 1.1.2014, sec 2 (1). | |
No 70 | Drugs and Poisons Legislation Amendment (New Psychoactive and Other Substances) Act 2013. Assented to 24.9.2013. Date of commencement, 7.10.2013, sec 2 and 2013 (568) LW 4.10.2013. | |
No 19 | State Insurance and Care Governance Act 2015. Assented to 21.8.2015. Date of commencement of Sch 15.12, 1.9.2015, sec 2 and 2015 (524) LW 28.8.2015. | |
No 58 | Statute Law (Miscellaneous Provisions) Act (No 2) 2015. Assented to 24.11.2015. Date of commencement of Sch 3, 15.1.2016, sec 2 (3). | |
No 37 | Poppy Industry Act 2016. Assented to 30.8.2016. Date of commencement, 1.1.2017, sec 2 and 2016 (763) LW 9.12.2016. | |
No 50 | Health Practitioner Regulation Amendment Act 2017. Assented to 24.10.2017. Date of commencement of Sch 5.24, 8.1.2018, sec 2 and 2017 (666) LW 1.12.2017. | |
No 22 | Health Legislation Amendment Act (No 2) 2018. Assented to 30.5.2018. Date of commencement, assent, sec 2. | |
No 37 | Health Legislation Amendment (Miscellaneous) Act 2023. Assented to 30.10.2023. Date of commencement, assent, sec 2. | |
No 82 | Statute Law (Miscellaneous Provisions) Act (No 2) 2024. Assented to 21.11.2024. Date of commencement of Sch 1, assent, sec 2(b). | |
No 94 | Public Health (Tobacco) Amendment Act 2024. Assented to 2.12.2024. Date of commencement, assent, sec 2. | |
No 38 | Statute Law Amendment (Administrative Appeals Tribunal) Act 2025. Assented to 3.7.2025. Date of commencement, assent, sec 2. | |
No 51 | Tobacco Legislation (Closure Orders) Amendment Act 2025. Assented to 15.9.2025. Date of commencement, 3.11.2025, sec 2 and 2025 (583) LW 31.10.2025. |
This Act has also been amended pursuant to an order under secs 8 (2) and 9 (3) of the Reprints Act 1972 No 48 (formerly Acts Reprinting Act 1972). Order dated 25.2.1974, and published in GG No 22 of 1.3.1974, p 700, declaring that—
(a) the Poisons Act 1966 is an enactment to which sec 8 (2) of the Acts Reprinting Act 1972 applies, and
(b) the Poisons Act 1966, the words “of this Act” where firstly occurring in sec 3 (2) excepted, is an enactment to which sec 9 (3) of the Acts Reprinting Act 1972 applies.
No reference is made to certain amendments made by the Reprints Act 1972, and Schedule 3 (amendments replacing gender-specific language) to the Statute Law (Miscellaneous Provisions) Act (No 2) 1997.
Long title | Am 1977 No 5, Sch 2; 1996 No 2, Sch 1 [1]. |
Sec 1 | Subst 1987 No 246, Sch 5 (1). Am 1996 No 2, Sch 1 [2]. |
Sec 2 | Am 1977 No 5, Sch 2; 1977 No 110, Sch 1 (1); 1981 No 88, Sch 2 (1). Rep 1985 No 227, Sch 1. |
Sec 3 | Am 1977 No 110, Sch 2 (1). Rep 1987 No 246, Sch 5 (2). |
Sec 4 | Am 1970 No 53, sec 2 (1) (a); 1971 No 47, sec 2 (3); 1972 No 14, sec 59 (1) (a); 1972 No 63, Sch; 1977 No 5, Schs 2, 3; 1977 No 110, Schs 1 (2), 2 (2); 1981 No 88, Schs 1 (2), 2 (2); 1982 No 138, Sch 1; 1985 No 227, Sch 1; 1987 No 246, Sch 5 (3); 1993 No 46, Sch 1; 1994 No 95, Sch 1; 1996 No 2, Sch 1 [3]–[9]; 1996 No 121, Sch 1.14; 1998 No 102, Sch 2 [1]; 1999 No 76, Sch 2 [1]; 2001 No 121, Sch 2.166 [1]; 2002 No 30, Sch 6.5 [1]; 2003 No 45, Sch 2.15 [1] [2]; 2003 No 87, Sch 3.18 [1]; 2006 No 59, Sch 7.13 [1]; 2007 No 89, Sch 2.12 [1]; 2010 No 34, Sch 2.37 [1]; 2013 No 70, Sch 2 [1]; 2015 No 58, Sch 3.69 [2] [3]; 2017 No 50, Sch 5.24 [1]; 2024 No 94, Sch 1[1]; 2025 No 38, Sch 1.11. |
Sec 5 | Am 1977 No 110, Schs 1 (3), 2 (3); 1985 No 227, Sch 1; 1995 No 11, Sch 1.93; 1996 No 2, Sch 1 [10] [11]; 1998 No 143, Sch 6.19; 2008 No 112, Sch 6.23; 2013 No 51, Sch 7.39. |
Sec 5A | Ins 2008 No 58, Sch 2.4. Am 2016 No 37, Sch 1.3. |
Sec 6 | Am 1970 No 53, sec 2 (1) (b); 1972 No 63, Sch; 1977 No 5, Sch 1 (1); 1977 No 110, Sch 2 (4); 1981 No 88, Sch 2 (3); 1982 No 138, Sch 1. Subst 1987 No 246, Sch 1 (1). Am 1990 No 108, Sch 1; 1992 No 111, Sch 2; 1994 No 95, Sch 1; 1997 No 154, Sch 6.35; 1999 No 85, Sch 2.48 [1]; 2015 No 19, Sch 15.12; 2015 No 58, Sch 3.69 [4]–[6]; 2024 No 82, Sch 1.14. |
Secs 6A, 6B | Ins 1987 No 246, Sch 1 (1). |
Sec 7 | Am 1987 No 246, Sch 1 (2). |
Sec 8 | Am 1970 No 53, sec 2 (1) (c); 1977 No 5, Sch 2; 1981 No 88, Sch 2 (4); 1987 No 246, Sch 2; 1996 No 30, Sch 1.24; 1998 No 102, Sch 2 [2] [3]; 2000 No 93, Sch 1.14; 2002 No 30, Sch 6.5 [2]; 2003 No 45, Sch 2.15 [3] [4]; 2003 No 87, Sch 3.18 [2] [3]; 2009 No 56, Sch 4.52 [1]; 2011 No 62, Sch 2.24 [1] [2]; 2012 No 39, Sch 1.3 [1]; 2013 No 70, Sch 2 [2]–[4]. |
Part 3, Div 1, heading | Am 1977 No 5, Sch 2. |
Sec 9 | Am 1977 No 5, Schs 2, 3; 1987 No 246, Sch 3 (1). Subst 1996 No 2, Sch 1 [12]. |
Sec 9A | Ins 1970 No 53, sec 2 (1) (d). Am 1987 No 246, Sch 3 (2). Rep 1996 No 2, Sch 1 [12]. |
Sec 10 | Am 1970 No 53, Sch 2 (1) (e); 1972 No 63, Sch; 1974 No 51, Sch; 1977 No 5, Sch 2; 1981 No 88, Sch 2 (5); 1982 No 138, Sch 1. Rep 1987 No 246, Sch 3 (3). Ins 1996 No 2, Sch 1 [12]. Am 1997 No 87, Sch 4 [1]; 1998 No 102, Sch 2 [4]–[6]; 2002 No 30, Sch 6.5 [3]–[5]; 2003 No 45, Sch 2.15 [5]–[8]; 2003 No 87, Sch 3.18 [2]; 2012 No 39, Sch 1.3 [2]–[4]. |
Sec 11 | Am 1977 No 5, Sch 2; 1981 No 88, Sch 2 (6). Rep 1987 No 246, Sch 3 (3). Ins 1996 No 2, Sch 1 [12] (am 1996 No 30, Sch 2.20 [1] [2]). Am 1998 No 102, Sch 2 [7]; 2002 No 30, Sch 6.5 [6]; 2003 No 45, Sch 2.15 [9]; 2003 No 87, Sch 3.18 [2]; 2012 No 39, Sch 1.3 [5]. |
Sec 12 | Am 1977 No 5, Sch 2; 1977 No 110, Sch 2 (5); 1981 No 88, Sch 2 (6). Rep 1987 No 246, Sch 3 (3). Ins 1996 No 2, Sch 1 [12]. Am 1998 No 102, Sch 2 [8]; 2002 No 30, Sch 6.5 [7]; 2003 No 45, Sch 2.15 [10]; 2003 No 87, Sch 3.18 [2]; 2012 No 39, Sch 1.3 [6]. |
Sec 13 | Am 1977 No 5, Sch 2; 1977 No 110, Sch 2 (6); 1981 No 88, Sch 2 (6). Rep 1987 No 246, Sch 3 (3). |
Sec 14 | Am 1977 No 5, Sch 2; 1977 No 110, Sch 2 (7); 1981 No 88, Sch 2 (6) (7). Rep 1987 No 246, Sch 3 (3). |
Sec 15 | Am 1977 No 5, Sch 2; 1981 No 88, Sch 2 (8). Rep 1987 No 246, Sch 3 (3). |
Sec 16 | Am 1967 No 40, sec 2 (a); 1970 No 53, sec 2 (1) (f); 1972 No 63, Sch; 1977 No 110, Sch 2 (8); 1981 No 88, Sch 1 (2); 1982 No 138, Sch 1; 1987 No 246, Sch 3 (4); 1996 No 2, Sch 1 [13]–[16]; 1997 No 87, Sch 4 [2] [3]; 1998 No 102, Sch 2 [9]–[11]; 2002 No 30, Sch 6.5 [8]–[11]; 2003 No 45, Sch 2.15 [11]–[16]; 2003 No 52, Sch 4 [1]; 2003 No 87, Sch 3.18 [2]; 2012 No 39, Sch 1.3 [4] [7]; 2012 No 42, Sch 2.27. |
Sec 17 | Am 1970 No 53, sec 2 (1) (g); 1977 No 5, Schs 1 (2), 2, 3; 1981 No 88, Schs 1 (3), 2 (9); 1989 No 89, Sch 1; 1996 No 2, Sch 1 [17] [18]; 1998 No 102, Sch 2 [12]; 2002 No 30, Sch 6.5 [12]; 2003 No 45, Sch 2.15 [17]; 2012 No 39, Sch 1.3 [4]. |
Sec 17A | Ins 1998 No 102, Sch 2 [13]. Am 2003 No 45, Sch 2.15 [18] [19]. Subst 2010 No 34, Sch 2.37 [2]. Am 2017 No 50, Sch 5.24 [2] [3]. |
Sec 17B | Ins 2002 No 30, Sch 6.5 [13]. Am 2003 No 82, Sch 2.23. Subst 2010 No 34, Sch 2.37 [2]. Am 2017 No 50, Sch 5.24 [4]. |
Sec 17C | Ins 2010 No 34, Sch 2.37 [2]. Am 2017 No 50, Sch 5.24 [5]. |
Sec 17D | Ins 2013 No 70, Sch 2 [5]. |
Sec 18 | Am 1977 No 5, Sch 2; 1977 No 110, Sch 2 (9); 1981 No 88, Sch 2 (10); 1987 No 246, Sch 3 (5); 1992 No 112, Sch 1. Subst 1996 No 2, Sch 1 [19]. |
Sec 18AA | Ins 2007 No 89, Sch 2.12 [2]. |
Sec 18A | Ins 1970 No 53, sec 2 (1) (h). Am 1977 No 5, Sch 3; 1977 No 110, Sch 2 (10); 1981 No 88, Schs 1 (4), 2 (11); 1992 No 112, Sch 1. Subst 1996 No 2, Sch 1 [19]. Am 1998 No 102, Sch 2 [14]; 2002 No 30, Sch 6.5 [14]; 2003 No 45, Sch 2.15 [20]; 2003 No 87, Sch 3.18 [2]; 2012 No 39, Sch 1.3 [4]. |
Part 3, Div 1A (secs 18B–18D) | Ins 2018 No 22, Sch 3. |
Part 3, Div 2 | Rep 1996 No 2, Sch 1 [20]. |
Part 3A | Ins 2024 No 94, Sch 1[2]. |
Part 3A Div 1 | Ins 2024 No 94, Sch 1[2]. |
Sec 19 | Am 1967 No 40, sec 2 (b); 1972 No 63, Sch; 1977 No 5, Schs 2, 3; 1977 No 110, Sch 2 (11); 1982 No 138, Sch 1; 1987 No 246, Sch 3 (6). Rep 1996 No 2, Sch 1 [20]. Ins 2024 No 94, Sch 1[2]. |
Part 3A Div 2 | Ins 2024 No 94, Sch 1[2]. |
Sec 20 | Am 1970 No 53, sec 2 (1) (i). Rep 1977 No 110, Sch 1 (5). Ins 2024 No 94, Sch 1[2]. |
Sec 21 | Am 1970 No 53, sec 2 (1) (j); 1977 No 5, Schs 2, 3; 1977 No 110, Sch 1 (6); 1981 No 88, Schs 1 (5), 2 (12). Rep 1985 No 227, Sch 1. Ins 2024 No 94, Sch 1[2]. Am 2025 No 51, Sch 2.3. |
Sec 22 | Rep 1985 No 227, Sch 1. Ins 2024 No 94, Sch 1[2]. |
Part 4, heading | Am 1977 No 110, Sch 1 (4); 1985 No 227, Sch 1. |
Part 4, Div 1, heading | Am 1977 No 5, Sch 2. |
Sec 23 | Rep 1985 No 227, Sch 1. Ins 1997 No 87, Sch 4 [4]. Am 2004 No 37, Sch 5 [1] [15]. |
Sec 24 | Am 1970 No 53, sec 2 (1) (k); 1972 No 63, Sch; 1977 No 5, Schs 1 (3), 2, 3; 1977 No 110, Sch 2 (12); 1981 No 88, Schs 1 (6), 2 (13); 1982 No 138, Sch 1; 1987 No 246, Sch 5 (4); 1989 No 89, Sch 1; 1995 No 9, Sch 2; 1996 No 2, Sch 1 [22]; 2003 No 87, Sch 3.18 [3]; 2004 No 37, Sch 5 [1]–[3] [15]–[17]. |
Sec 25 | Am 1996 No 2, Sch 1 [22]. |
Sec 26 | Am 1977 No 110, Sch 2 (13); 1981 No 88, Sch 2 (14); 1992 No 112, Sch 1; 1996 No 99, Sch 2.14. |
Sec 27 | Am 1972 No 63, Sch 1. Subst 1987 No 246, Sch 4 (1). Am 1999 No 76, Sch 2 [2] [3]; 2004 No 37, Sch 5 [4]. |
Sec 28 | Am 1970 No 53, sec 2 (1) (l); 1972 No 63, Sch; 1981 No 88, Sch 2 (14); 1982 No 138, Sch 1; 1987 No 246, Sch 4 (2); 1990 No 108, Sch 1; 1999 No 76, Sch 2 [4]; 2004 No 37, Sch 5 [5] [6]. Subst 2005 No 82, Sch 4 [1]. |
Sec 28A | Ins 1987 No 246, Sch 4 (3). Am 2003 No 52, Sch 4 [2]–[4]. |
Sec 29 | Am 1972 No 63, Sch; 1982 No 138, Sch 1 (am 1984 No 153, Sch 16); 1987 No 246, Sch 4 (4) (am 1988 No 20, Sch 20); 1999 No 76, Sch 2 [5]; 2003 No 52, Sch 4 [5]–[8]; 2004 No 37, Sch 5 [7] [8]; 2005 No 82, Sch 4 [2]. |
Sec 30 | Am 1970 No 53, sec 2 (1) (m); 1972 No 63, Sch; 1977 No 110, Sch 2 (14); 1981 No 88, Sch 2 (15); 1982 No 138, Sch 1; 1987 No 246, Sch 4 (5); 1999 No 85, Sch 2.48 [2]. |
Sec 30AA | Ins 2003 No 52, Sch 4 [9]. Am 2004 No 37, Sch 5 [9]–[13] [18] [19]; 2010 No 34, Sch 2.37 [3]–[7]; 2017 No 50, Sch 5.24 [6]. |
Secs 30A, 30B | Ins 1987 No 246, Sch 4 (6). |
Part 4, Div 3 | Rep 1985 No 227, Sch 1. |
Part 4, Div 4 | Ins 1977 No 110, Sch 1 (7). Rep 1985 No 227, Sch 1. |
Part 4A | Ins 1996 No 2, Sch 1 [23]. |
Part 4A, Div 1 | Ins 1996 No 2, Sch 1 [23]. |
Sec 31 | Rep 1985 No 227, Sch 1. Ins 1996 No 2, Sch 1 [23]. |
Sec 32 | Am 1977 No 5, Sch 3; 1981 No 88, Sch 1 (7). Rep 1985 No 227, Sch 1. Ins 1996 No 2, Sch 1 [23]. |
Part 4A, Div 2 | Ins 1996 No 2, Sch 1 [23]. |
Sec 33 | Am 1977 No 110, Sch 2 (15); 1981 No 88, Sch 2 (16). Rep 1985 No 227, Sch 1. Ins 1996 No 2, Sch 1 [23]. |
Sec 33A | Ins 1977 No 110, Sch 1 (7). Am 1981 No 88, Sch 1 (8). Rep 1985 No 227, Sch 1. Ins 1996 No 2, Sch 1 [23]. |
Secs 33B, 33C | Ins 1977 No 110, Sch 1 (7). Rep 1985 No 227, Sch 1. Ins 1996 No 2, Sch 1 [23]. |
Sec 33D | Ins 1996 No 2, Sch 1 [23]. |
Part 4A, Div 3 | Ins 1996 No 2, Sch 1 [23]. |
Sec 33E | Ins 1996 No 2, Sch 1 [23]. Am 1999 No 76, Sch 2 [6]. |
Sec 33F | Ins 1996 No 2, Sch 1 [23]. |
Part 4A, Div 4 (secs 33G–33J) | Ins 1996 No 2, Sch 1 [23]. |
Part 4A, Div 5 | Ins 1996 No 2, Sch 1 [23]. |
Sec 33K | Ins 1996 No 2, Sch 1 [23]. Rep 1999 No 76, Sch 2 [7]. |
Sec 33L | Ins 1996 No 2, Sch 1 [23]. |
Part 5, Div 1, heading | Ins 1996 No 2, Sch 1 [24]. |
Sec 34 | Am 1972 No 14, sec 59 (1) (b); 1977 No 5, Sch 2. Subst 1996 No 2, Sch 1 [25]. Am 1998 No 102, Sch 2 [15]; 2002 No 30, Sch 6.5 [15]; 2003 No 45, Sch 2.15 [21]; 2003 No 87, Sch 3.18 [2]; 2012 No 39, Sch 1.3 [4]. |
Sec 35 | Am 1977 No 5, Sch 2; 1981 No 88, Sch 2 (17); 1987 No 246, Sch 5 (5). Subst 1996 No 2, Sch 1 [25]. |
Sec 36 | Am 1972 No 14, sec 59 (1) (c); 1977 No 5, Schs 2, 3; 1977 No 110, Sch 2 (16); 1981 No 88, Sch 2 (18); 1992 No 112, Sch 1. Subst 1996 No 2, Sch 1 [25]. |
Sec 36AA | Ins 2006 No 59, Sch 7.13 [2] (am 2006 No 120, Sch 2.70). Am 2012 No 39, Sch 1.3 [8]. |
Secs 36A–36D | Ins 1996 No 2, Sch 1 [25]. |
Sec 37 | Am 1972 No 63, Sch; 1977 No 5, Sch 3; 1982 No 138, Sch 1; 2009 No 56, Sch 4.52 [2]. |
Part 5, Div 2, heading | Ins 1996 No 2, Sch 1 [26]. |
Sec 37A | Ins 1996 No 2, Sch 1 [26]. Am 2015 No 58, Sch 3.69 [7]. |
Sec 37B | Ins 1996 No 2, Sch 1 [26]. |
Sec 38 | Am 1981 No 88, Sch 2 [19]. |
Part 5, Div 3, heading | Ins 1996 No 2, Sch 1 [27]. |
Sec 39 | Am 1972 No 63, Sch; 1982 No 138, Sch 1; 1996 No 2, Sch 1 [28]; 2015 No 58, Sch 3.69 [4]. |
Sec 40 | Am 1972 No 14, sec 59 (1) (d); 1996 No 2, Sch 1 [29] [30]. |
Sec 41 | Am 1977 No 5, Sch 2; 1981 No 88, Sch 2 (20); 1996 No 2, Sch 1 [31] [32]; 2013 No 70, Sch 2 [6] [7]. |
Part 5, Div 4, heading | Ins 1996 No 2, Sch 1 [33]. |
Sec 42 | Subst 1996 No 2, Sch 1 [34]. Am 2015 No 58, Sch 3.69 [7]. |
Sec 43 | Am 1972 No 63, Sch; 1977 No 5, Sch 2; 1977 No 110, Sch 1 (8); 1981 No 88, Sch 1 (9), 2 (21); 1982 No 138, Sch 1; 1985 No 38, Sch 1; 1985 No 227, Sch 1; 1987 No 246, Sch 5 (6). Subst 1996 No 2, Sch 1 [34]. Am 2003 No 52, Sch 4 [10]–[13]. |
Sec 43A | Ins 1981 No 88, Sch 1 (10). Rep 1985 No 38, Sch 1. Ins 1996 No 2, Sch 1 [34]. Am 2002 No 103, Sch 4.66 [1]–[3]. |
Sec 43B | Ins 1981 No 88, Sch 1 (10). Am 1985 No 227, Sch 1; 1988 No 131, Sch 17. |
Sec 44 | Am 1977 No 110, Sch 2 (17); 1992 No 112, Sch 1. |
Sec 45 | Subst 1970 No 53, sec 2 (1) (n). Am 1981 No 88, Sch 2 (22). Subst 1996 No 2, Sch 1 [35]. Am 2001 No 121, Sch 2.166 [2]; 2007 No 94, Sch 2; 2024 No 94, Sch 1[3]. |
Sec 45A | Ins 1970 No 53, sec 2 (1) (n). Am 1977 No 5, Schs 2, 3; 1977 No 110, Schs 1 (9), 2 (18); 1979 No 147, sec 2 (a); 1981 No 88, Sch 2 (23). Rep 1985 No 227, Sch 1. Ins 2023 No 37, Sch 6. |
Sec 45AB | Ins 1979 No 147, sec 2 (b). Am 1981 No 88, Sch 2 (24). Rep 1985 No 227, Sch 1. |
Secs 45AC, 45AD | Ins 1981 No 88, Sch 1 (11). Rep 1985 No 181, sec 42 (1). |
Sec 45B | Ins 1970 No 53, sec 2 (1) (n). Am 1981 No 88, Schs 1 (12), 2 (25). Rep 1996 No 2, Sch 1 [36]. Ins 2023 No 37, Sch 6. |
Part 5, Div 5, heading | Ins 1996 No 2, Sch 1 [37]. |
Sec 45C | Ins 1977 No 5, Sch 1 (4). Am 1993 No 46, Sch 1; 1996 No 2, Sch 1 [38] [39]. |
Secs 45D, 45E | Ins 1996 No 2, Sch 1 [40]. |
Sec 46 | Am 1977 No 5, Sch 1 (5); 1981 No 88, Sch 2 (26); 1985 No 227, Sch 1. Subst 1987 No 48, Sch 32; 2009 No 56, Sch 4.52 [3]. |
Sec 46A | Ins 1996 No 2, Sch 1 [41]. |
Secs 47, 48 | Rep 1999 No 85, Sch 4. |
Sch | Rep 1987 No 246, Sch 5 (7). |
Sch 1 | Ins 1987 No 246, Sch 1 (3). Am 1990 No 108, Sch 1; 1999 No 94, sec 7 (2) and Sch 5, Part 2; 2009 No 49, Sch 2.44; 2015 No 58, Sch 3.69 [8]. |
Sch 2 | Ins 1987 No 246, Sch 1 (3). |
Sch 2A | Ins 2002 No 30, Sch 6.5 [16]. Rep 2010 No 34, Sch 2.37 [8]. |
Sch 3 | Ins 1996 No 2, Sch 1 [42]. Am 1998 No 102, Sch 2 [16]; 2004 No 37, Sch 5 [14]. |
The whole Act | Am 2015 No 58, Sch 3.69 [1] (“Director-General” omitted wherever occurring, “Secretary” inserted instead). |
The whole Act (except sec 4) | Am 1993 No 46, Sch 1 (“Secretary” omitted wherever occurring, “Director-General” inserted instead). |
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