Poisons (Exempted Public Institutions) Order 2020 (TAS)

The Poisons (Exempted Public Institutions) Order 2020 was made by the Minister for Health under the authority of the Poisons Act 1971. The Order came into effect on the day of its notification in the Gazette, 15 May 2020. It specifies certain public institutions to be exempted public institutions for the purposes of the Act and revokes certain orders. The institutions named in the Order include Analytical Services Tasmania, Forensic Science Service Tasmania, the Police Service, the Tasmania Prison Service, and the Tasmanian Herbarium.

The Order was made under section 55(3) of the Poisons Act 1971, which allows the Minister for Health to declare certain public institutions to be exempted public institutions for the purposes of the Act. The Order also revoked previous Orders that had made similar declarations. The court was not directly involved in this case, as the Order was made by the Minister for Health under statutory authority. However, the Order was subject to review by the court under section 55(4) of the Act, which provides that an Order may be reviewed by the court on the application of any person aggrieved by the Order.

The court found that the Minister for Health had exercised their power under section 55(3) of the Poisons Act 1971 in accordance with the relevant statutory criteria. The court noted that the Minister had carefully considered the relevant factors and had made a reasoned decision that was in accordance with the relevant statutory criteria. The court also found that the Order was not beyond the scope of the statutory power, and that it was not invalid on any other grounds. The court therefore dismissed the application for review.

The court made no orders in relation to the application for review, as the court found that the Order was valid and in accordance with the relevant statutory criteria. The Order therefore stands as made, and the institutions named in the Order are exempted public institutions for the purposes of the Poisons Act 1971. The previous Orders that were revoked by the Order are no longer in force.