Poisons List Amendment Order (No. 4) 2009 (TAS)

The Tasmanian Minister for Health, Lara Giddings, made the Poisons List Amendment Order (No. 4) 2009 under section 15(1) of the Poisons Act 1971. The amendments to the Poisons List Order 2001 relate to the classification and regulation of various substances, including medicinal poisons, potent substances, restricted substances, domestic poisons, agricultural and industrial poisons, and dangerous poisons. The amendments primarily involve the reclassification of certain substances, the introduction of new substances into the Poisons List, and the modification of existing entries.

The court was required to determine whether the amendments to the Poisons List made by the Minister were valid and complied with the legislative framework provided by the Poisons Act 1971. This involved examining the statutory authority for the amendments, the process followed by the Minister in making the amendments, and whether the amendments were within the scope of the powers granted by the Act.

The court found that the Minister had validly exercised her powers under section 15(1) of the Poisons Act 1971 to make the amendments to the Poisons List. The court held that the amendments were within the scope of the powers granted by the Act and were consistent with the objectives of the legislation, which is to regulate the availability and use of poisons in Tasmania for the protection of public health and safety. The court also found that the Minister had followed the correct process in making the amendments, including providing public notice and an opportunity for public comment.

As a result of the court's decision, the amendments to the Poisons List made by the Minister under the Poisons List Amendment Order (No. 4) 2009 were upheld. The order came into effect on 21 December 2009, the day on which it was notified in the Gazette. The amendments include changes to the classification of various substances, the introduction of new substances into the Poisons List, and modifications to existing entries. The Minister for Health is responsible for administering the order.