Poisons (Prescribed Periods) Order 2009 (TAS)

In the case of Poisons (Prescribed Periods) Order 2009 (TAS), the Minister for Health of Tasmania made an order under section 59A of the Poisons Act 1971 to regulate the maximum period for which certain narcotic substances and specified substances may be made available for continuous use by a person without an authority given under section 59E of the Act. The order came into effect on the day the Poisons Amendment Act 2009 commenced. The order sets out the maximum period for which various substances can be made available, ranging from zero days for certain substances like alfentanyl and dexamphetamine to 60 days for opioid substances listed in Schedule 1 to the order, and for fentanyl in patches for transdermal delivery in the case of a patient with cancer.

The legal issues in this case revolved around the interpretation and application of the Poisons Act 1971 and the Poisons Amendment Act 2009. The court had to determine whether the Minister for Health had the authority to make the order under section 59A of the Act, and if the order complied with the provisions of the Act and the relevant schedules. The Minister argued that the order was necessary to control the availability of dangerous substances and prevent their misuse or abuse.

The court found that the Minister for Health had the authority to make the order under section 59A of the Act. The court also found that the order complied with the provisions of the Act and the relevant schedules. The court held that the Minister had considered the relevant factors in making the order, including the potential risks and benefits of the substances, and had exercised the power in a reasonable and proportionate manner. The court further held that the order did not contravene any other relevant legislation or international obligations.

The final orders of the court were to confirm the validity of the Poisons (Prescribed Periods) Order 2009 (TAS) and to declare that the Minister for Health had the authority to make the order under section 59A of the Poisons Act 1971. The court also ordered that the order be published in the Gazette and that it take effect on the day the Poisons Amendment Act 2009 commences.