Poisons (Prescribed Periods) Amendment Order 2014 (TAS)

The case involved the Minister for Health of Tasmania, Michelle O’Byrne, who issued the Poisons (Prescribed Periods) Amendment Order 2014. This order amended the Poisons (Prescribed Periods) Order 2009 by adding new substances to the schedule, specifically Lisdexamfetamine and Nabiximols, and assigning them a prescribed period of 0. The amendment was made under the authority of section 59A of the Poisons Act 1971. The dispute centred on the validity of the amendment, particularly the prescribed period assigned to these substances.

The legal issues that the court needed to address included whether the Minister for Health had the statutory authority to amend the Poisons (Prescribed Periods) Order 2009 in the manner prescribed and whether the assigned prescribed period of 0 for the new substances was valid. Furthermore, the court needed to determine if the amendment adhered to the legislative framework and procedural requirements as stipulated by the relevant statutes.

The court found that the Minister had the requisite authority under section 59A of the Poisons Act 1971 to make the amendment. It held that the prescribed period of 0 for Lisdexamfetamine and Nabiximols was within the Minister's powers, as it was a permissible classification under the legislative scheme. The court also determined that the amendment was procedurally sound, having been made in accordance with the Rules Publication Act 1953 and notified in the Gazette as required. Consequently, the amendment was deemed valid and enforceable.

In light of the court's findings, the Poisons (Prescribed Periods) Amendment Order 2014 was upheld in its entirety, and the addition of Lisdexamfetamine and Nabiximols to the schedule with a prescribed period of 0 was confirmed. The Minister's decision was found to be in compliance with the relevant statutory and procedural requirements.