Untitled document

Drugs, Poisons and Controlled Substances (Amendment) Regulations 2004

S.R. No. 43/2004

TABLE OF PROVISIONS

Regulation  Page

1.Objective

2.Authorising provisions

3.Definitions

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ENDNOTES

STATUTORY RULES 2004

S.R. No. 43/2004

Drugs, Poisons and Controlled Substances Act 1981

Drugs, Poisons and Controlled Substances (Amendment) Regulations 2004

The Governor in Council makes the following Regulations:

Dated: 18 May 2004

Responsible Minister:

BRONWYN PIKE
Minister for Health

STEPHANIE LENN

Acting Clerk of the Executive Council

1.Objective

The objective of these Regulations is to amend the definition of "health service" to clarify its application to nursing homes and to insert a definition of "nursing home" for the purposes of the Drugs, Poisons and Controlled Substances Regulations 1995.

2.Authorising provisions

These Regulations are made under sections 132 and 132B of the Drugs, Poisons and Controlled Substances Act 1981.

3.Definitions

In regulation 4 of the Drugs, Poisons and Controlled Substances Regulations 1995[1]—

(a)in the definition of "health service"—

(i)omit "(including nursing homes)"; and

(ii)after "surgical services" insert "but does not include a health service which is an aged care service within the meaning of the Aged Care Act 1997 of the Commonwealth unless that aged care service is a nursing home";

(b)after the definition of "nurse" insert—

' "nursing home" means—

(a)an aged care service within the meaning of the Aged Care Act 1997 of the Commonwealth which was a nursing home within the meaning of the National Health Act 1953 of the Commonwealth where an approval within the meaning of that Act was in force, or had been deemed to be in force, under Part V of that Act immediately before 1 October 1997; or

(b)an aged care service within the meaning of the Aged Care Act 1997 of the Commonwealth where all places within the meaning of that Act are allocated to the provision of a high level of residential care within the meaning of that Act;'.

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ENDNOTES

[1] S.R. No. 63/1995.  Reprint No. 3 as at 1 November 2002.  Reprinted to S.R. No. 86/2002 and subsequently amended by S.R. No. 67/2003.