Poisons (Declared Restricted Substances) Order 2017 (TAS)

The case Poisons (Declared Restricted Substances) Order 2017 (TAS) involved the Minister for Health, Michael Darrel Joseph Ferguson, who made the order under section 36 of the Poisons Act 1971. The order declared certain substances as restricted under the Act and revoked several previous legislative instruments that had declared substances as restricted. This order was published in the Gazette on 31 December 2017 and took effect on the day of its publication.

The legal issues before the court were to determine whether the Minister for Health had the authority to declare certain substances as restricted under section 36 of the Poisons Act 1971 and whether the order revoking previous legislative instruments was valid and effective. The court examined the relevant provisions of the Act and considered whether the Minister had acted within his powers in making the order.

The court found that the Minister for Health had the authority to declare certain substances as restricted under section 36 of the Poisons Act 1971. The court also found that the order revoking previous legislative instruments was valid and effective, as it was consistent with the provisions of the Act and did not contravene any other laws. The court held that the order was a valid exercise of the Minister's powers under the Act.

The final orders of the court were that the Minister for Health had the authority to declare certain substances as restricted under section 36 of the Poisons Act 1971 and that the order revoking previous legislative instruments was valid and effective. The court also confirmed that the order was a valid exercise of the Minister's powers under the Act.