Poisons Standard (No.2) June 2020

Administered by Department of Health, Disability and Ageing

Legislation au F2020L00639 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Therapeutic Goods Act 1989

Poisons Standard (No.2) June 2020

The Therapeutic Goods Act 1989 (“the Act”) provides for the establishment and maintenance of a national system of controls for the quality, safety, efficacy and timely availability of therapeutic goods that are used in, or exported from, Australia. The Act also provides a framework for State and Territory governments to adopt a uniform approach to control the availability and accessibility, and to ensure the safe handling, of medicines and poisons in Australia. The Act is administered by the Therapeutic Goods Administration (“the TGA”) within the Australian Government Department of Health.

Part 6-3 of the Act (sections 52AA to 52EC) provides the basis for a uniform system of access controls for goods containing scheduled substances. The scheduling of substances allows restrictions to be placed on their supply to the public, in the interests of public health and safety. The scheduling of substances is aimed at minimising the risks of poisoning from, and the misuse or abuse of, scheduled substances.

Subsection 52D(2) of the Act empowers the Secretary to amend the current Poisons Standard (which consists of the Standard for the Uniform Scheduling of Medicines and Poisons (section 2 of the Poisons Standard refers)) or to prepare a document (“a new Poisons Standard”) that includes schedules containing the names or descriptions of substances, in substitution for the current Poisons Standard.

The Poisons Standard reflects decisions of the Secretary or a delegate of the Secretary regarding the classification of medicines and poisons into the different Schedules, signifying the degree of risk and the control recommended to be exercised over their availability to the public.

The Act establishes two expert advisory committees, the Advisory Committee on Medicines Scheduling (“ACMS”) (section 52B of the Act refers) and the Advisory Committee on Chemicals Scheduling (“ACCS”) (section 52C of the Act refers), which provide advice and make recommendations to the Secretary on matters relating to medicines and chemicals scheduling decisions.

The Schedules contained in the Poisons Standard are referred to under State and Territory legislation for regulatory purposes. This enables restrictions to be placed on the supply of scheduled substances to the public, according to the degree of risk associated with the substances and the level of control recommended over their availability, in the interest of public health and safety.

The Commonwealth takes into account the scheduling and classification of substances in the Poisons Standard for regulatory and enforcement purposes under the Act. For example, the Act prohibits the publication or broadcasting of advertisements to consumers about prescription medicines containing substances included in Schedule 4 or Schedule 8 to the Poisons Standard, or over-the-counter medicines containing substances included in Schedule 3 and not included in Appendix H of the Poisons Standard. The advertising of substances included in Schedule 9 or Schedule 10 to the Poisons Standard is also prohibited.

The Scheduling Policy Framework (“the SPF”) provides guidance on whether a decision concerning the scheduling of substances under the Poisons Standard would benefit from being referred to ACMS or ACCS for advice. A copy of the SPF can be found at https://www.tga.gov.au/publication/ahmac-scheduling-policy-framework-medicines-and-chemicals.

The purpose of this instrument is to make a new Poisons Standard, the Poisons Standard (No.2) June 2020, in substitution for the previous Poisons Standard, the Poisons Standard June 2020, which was registered on 27 May and was to commence on 1 June 2020, and which is repealed and replaced by this new Poisons Standard. As the Poisons Standard June 2020 was to repeal the Poisons Standard February 2020, this new Poisons Standard also repeals the Poisons Standard February 2020.

The Poisons Standard (No.2) June 2020 incorporates a small number of minor changes compared to the Poisons Standard June 2020, principally to correct an inadvertent formatting error in the header for Schedule 3 to the Poisons Standard June 2020 (which refers to Schedule 4, rather than Schedule 3) to avoid confusion and to ensure clarity in this regard (other more minor formatting changes are also incorporated).  

The Poisons Standard (No.2) June 2020 also reflects all of the measures that were set out in the Poisons Standard June 2020.

In particular, the Poisons Standard June 2020 incorporated a number of changes compared to the Poisons Standard February 2020, involving changes to existing entries and the inclusion of a number of specified substances in the Poisons Standard for the first time.

A number of these changes were made following the provision of advice from the ACCS and/or the ACMS, in accordance with the procedures set out in Subdivision 3D.2 of Part 6 of the Therapeutic Goods Regulations 1990 for amending the Poisons Standard when a proposed amendment is referred to an expert advisory committee.

In relation to substances amended or added to the Poisons Standard June 2020 (and reflected in the Poisons Standard (No.2) June 2020), public comment was invited on matters referred to the March 2019 ACMS meeting, November 2019 ACMS meeting, November 2019 ACCS meeting and November 2019 Joint ACMS-ACCS meeting as follows:

  • the invitation to comment in relation to calcifediol monohydrate, paracetamol (liquid formulations), hyoscine butylbromide, lidocaine, momfluorothrin, tetraniliprole, methiozolin and lambda-cyhalothrin was published on the TGA website on 29 August 2019, with a closing date of  26 September 2019;
  • the invitation to comment in relation to caffeine, sumatriptan and zolmitriptan was published on the TGA website on 19 September 2019, with a closing date of 17 October 2019;
  • the invitation to comment in relation to mometasone was published on the TGA website on 13 December 2018, with a closing date of 21 January 2019. A further invitation to comment in relation to mometasone was published on the TGA website on 19 September 2019, with a closing date of 17 October 2019; and
  • the invitation to comment in relation to paracetamol (modified release) was published on the TGA website on 13 December 2018, with a closing date of 21 January 2019.

The delegates’ final decisions were published on the TGA website in relation to:

  • sumatriptan, zolmitriptan, mometasone, calcifediol, paracetamol (liquid formulations), hyoscine butylbromide, lidocaine, caffeine, momfluorothrin, tetraniliprole, methiozolin and lambda-cyhalothrin on 7 May 2020; and
  • paracetamol (modified release) on 22 August 2019.

A notice of a delegate-only decision in relation to paracetamol (modified release) was published on the TGA website on 7 May 2020, and notices of delegate-only decisions in relation to the agricultural and veterinary chemicals acequinocyl, Agrobacterium radiobacter (Rhizobium rhizogenes) and nonanoic acid were also published on that date.

The Poisons Standard June 2020 also  introduced a number of new substances to the Poisons Standard for the first time. These included a number of specific entries for cabotegravir, cezauridine, decitabine, defibrotide, dulaglutide, fosnetupitant, larotrectinib, ozanimod, ripretinib, tafamidis and tucatinib in Schedule 4.

The Poisons Standard June 2020 also incorporated a small number of minor amendments, including editorial amendments to the current entries for glycolic acid, guanidine, hydroxychloroquine and propyl nitrite.

The decisions to introduce the new substances and to make the above technical and minor amendments were delegate-only decisions that were not open to public consultation as these decisions were considered, in accordance with the SPF, to be sufficiently straightforward as to not require consultation.

The Poisons Standard (No.2) June 2020 is a legislative instrument for the purposes of the Legislation Act 2003. However, section 42 of that Act relating to disallowance does not apply (refer to subsection 52D(4A) of the Act). As the instrument is not disallowable, subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011 does not require that the instrument be accompanied by a statement of compatibility with the human rights recognised under that Act.

The Poisons Standard (No.2) June 2020 commences on 1 June 2020.

Overview

The Therapeutic Goods Act 1989 was enacted to establish a national system of controls for the quality, safety, efficacy, and timely availability of therapeutic goods used or exported from Australia. This Act provides a framework for state and territory governments to adopt a uniform approach to controlling the availability and accessibility of medicines and poisons in Australia, ensuring their safe handling. Administered by the Therapeutic Goods Administration (TGA) within the Australian Government Department of Health, the Act includes provisions for the scheduling of substances, aiming to minimise the risks of poisoning and misuse of scheduled substances. Part 6-3 of the Act, sections 52AA to 52EC, establishes a uniform system of access controls for goods containing scheduled substances. The Poisons Standard, a document reflecting the Secretary's decisions on the classification of medicines and poisons into various schedules, is integral to this framework. This Standard is overseen by two expert advisory committees, the Advisory Committee on Medicines Scheduling and the Advisory Committee on Chemicals Scheduling, which provide advice to the Secretary on scheduling decisions. The Poisons Standard (No.2) June 2020, introduced to correct formatting errors and incorporate minor changes from the previous Poisons Standard, serves to update the regulatory framework for controlling the supply of scheduled substances, thereby enhancing public health and safety.

Scope and Application

The Therapeutic Goods Act 1989 governs the quality, safety, efficacy, and timely availability of therapeutic goods used in or exported from Australia, establishing a national system of controls. The Act applies to all therapeutic goods and is administered by the Therapeutic Goods Administration within the Department of Health. It encompasses the scheduling of substances, aiming to minimise risks of poisoning and misuse by regulating their availability to the public. Two expert committees, the Advisory Committee on Medicines Scheduling and the Advisory Committee on Chemicals Scheduling, provide advice on scheduling decisions. The Poisons Standard, which includes schedules for different substances, is referred to in state and territory legislation to enforce these controls. The Act also restricts advertising of certain prescription and over-the-counter medicines. The Poisons Standard (No.2) June 2020, which replaces the previous Poisons Standard, includes minor corrections and incorporates changes to existing entries and new substances, following advice from the expert committees and public consultations where applicable. The standard is a legislative instrument that is not subject to disallowance or the requirement for a compatibility statement under the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The main operative sections of the Therapeutic Goods Act 1989 (sections 52AA to 52EC) establish a uniform system of access controls for therapeutic goods containing scheduled substances. These sections empower the Secretary to amend the Poisons Standard or prepare a new standard, reflecting decisions about the classification of medicines and poisons into different schedules. The Poisons Standard provides the basis for controlling the availability and accessibility of these substances, aiming to minimise the risks of poisoning and misuse. This new Poisons Standard (No.2) June 2020, which replaces the previous June 2020 standard, includes minor changes to correct an inadvertent formatting error and incorporates all measures from the earlier standard. Under the Act, the Secretary is responsible for scheduling substances based on the degree of risk and the level of control needed. The scheduling process involves expert advisory committees, the Advisory Committee on Medicines Scheduling (ACMS) and the Advisory Committee on Chemicals Scheduling (ACCS), which provide advice on scheduling decisions. These committees help ensure that the scheduling decisions are based on expert recommendations and public consultation where appropriate. The Poisons Standard is then used by State and Territory governments to regulate the supply of scheduled substances, ensuring restrictions are in place according to the level of risk associated with each substance. The Act imposes several obligations on parties involved with scheduled substances. Manufacturers, suppliers, and other entities must comply with the scheduling requirements outlined in the Poisons Standard. This includes adhering to restrictions on the supply of substances, ensuring proper labelling and advertising practices, and following any additional regulations set by State and Territory governments. The Act also prohibits certain advertisements for prescription and over-the-counter medicines containing scheduled substances, particularly those in higher risk schedules. Failure to comply with the provisions of the Therapeutic Goods Act 1989 and the Poisons Standard can result in significant legal consequences. Offences under the Act may include unauthorised supply of scheduled substances, misleading or deceptive conduct in relation to therapeutic goods, and unauthorised advertising of prescription medicines. Penalties for breaches can be substantial, including fines and imprisonment. For instance, advertising prescription medicines that are scheduled substances can result in penalties up to $1.1 million for individuals and $5.5 million for corporations. These penalties reflect the seriousness of ensuring public health and safety through proper regulation of therapeutic goods.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.