{"id":"qld:sl-2021-0141","name":"Medicines and Poisons (Poisons and Prohibited Substances) Regulation 2021","slug":"medicines-and-poisons-poisons-and-prohibited-substances-regulation-2021","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"141 of 2021","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173927,"registerId":"qld-sl-2021-0141-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"ch.1-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis regulation may be cited as the Medicines and Poisons (Poisons and Prohibited Substances) Regulation 2021 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis regulation commences on 27 September 2021.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Definitions","content":"### sec.3 Definitions\n\nThe dictionary in schedule 7 defines particular words used in this regulation.","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Application of regulation","content":"### sec.4 Application of regulation\n\nThis regulation applies in relation to a regulated activity that is a dealing with a poison or prohibited substance.\nHowever, this regulation does not apply in relation to carrying out any of the following regulated activities—\na dealing with an S7 poison authorised under section 60 of the Act ;\na pest management activity, or asking or directing another person to carry out a pest management activity;\ndisposing of waste from a fumigant or pesticide.\nSection 60 of the Act applies in relation to particular dealings subject to work health and safety laws.\nSee the Poisons Standard, part 1 for the definition of therapeutic use .\nSee the Medicines and Poisons (Pest Management Activities) Regulation 2021 in relation to pest management activities.\n(sec.4-ssec.1) This regulation applies in relation to a regulated activity that is a dealing with a poison or prohibited substance.\n(sec.4-ssec.2) However, this regulation does not apply in relation to carrying out any of the following regulated activities— a dealing with an S7 poison authorised under section 60 of the Act ; a pest management activity, or asking or directing another person to carry out a pest management activity; disposing of waste from a fumigant or pesticide. Section 60 of the Act applies in relation to particular dealings subject to work health and safety laws. See the Poisons Standard, part 1 for the definition of therapeutic use . See the Medicines and Poisons (Pest Management Activities) Regulation 2021 in relation to pest management activities.\n- (a) a dealing with an S7 poison authorised under section 60 of the Act ;\n- (b) a pest management activity, or asking or directing another person to carry out a pest management activity;\n- (c) disposing of waste from a fumigant or pesticide.\n- 1 Section 60 of the Act applies in relation to particular dealings subject to work health and safety laws.\n- 2 See the Poisons Standard, part 1 for the definition of therapeutic use .\n- 3 See the Medicines and Poisons (Pest Management Activities) Regulation 2021 in relation to pest management activities.","sortOrder":4},{"sectionNumber":"ch.1-pt.2","sectionType":"part","heading":"Categories of poisons and prohibited substances","content":"# Categories of poisons and prohibited substances","sortOrder":5},{"sectionNumber":"sec.5","sectionType":"section","heading":"Regulated poisons","content":"### sec.5 Regulated poisons\n\nA regulated poison is—\na hazardous poison; or\na prohibited substance, other than a prohibited substance used, or intended to be used, for a therapeutic use.\nSee the Poisons Standard, part 1 for the definition of therapeutic use .\n- (a) a hazardous poison; or\n- (b) a prohibited substance, other than a prohibited substance used, or intended to be used, for a therapeutic use.","sortOrder":6},{"sectionNumber":"sec.6","sectionType":"section","heading":"S2, S3, S4 and S8 poisons","content":"### sec.6 S2, S3, S4 and S8 poisons\n\nAn S2 poison is an S2 medicine treated as a poison under section 12 (2) of the Act .\nAn S3 poison is an S3 medicine treated as a poison under section 12 (2) of the Act .\nAn S4 poison is an S4 medicine treated as a poison under section 12 (2) of the Act .\nAn S8 poison is an S8 medicine treated as a poison under section 12 (2) of the Act .\n(sec.6-ssec.1) An S2 poison is an S2 medicine treated as a poison under section 12 (2) of the Act .\n(sec.6-ssec.2) An S3 poison is an S3 medicine treated as a poison under section 12 (2) of the Act .\n(sec.6-ssec.3) An S4 poison is an S4 medicine treated as a poison under section 12 (2) of the Act .\n(sec.6-ssec.4) An S8 poison is an S8 medicine treated as a poison under section 12 (2) of the Act .","sortOrder":7},{"sectionNumber":"sec.7","sectionType":"section","heading":"High-risk poisons","content":"### sec.7 High-risk poisons\n\nA high-risk poison is an S8 poison or a prohibited substance, other than a prohibited substance used, or intended to be used, for a therapeutic use.\nSee the Poisons Standard, part 1 for the definition of therapeutic use .","sortOrder":8},{"sectionNumber":"sec.8","sectionType":"section","heading":"Restricted S7 poisons","content":"### sec.8 Restricted S7 poisons\n\nA restricted S7 poison is an S7 poison stated in schedule 1 .","sortOrder":9},{"sectionNumber":"sec.9","sectionType":"section","heading":"Non-restricted S7 substances","content":"### sec.9 Non-restricted S7 substances\n\nA non-restricted S7 substance is an S7 substance that is not a restricted S7 poison.","sortOrder":10},{"sectionNumber":"sec.10","sectionType":"section","heading":"Low-risk fluoroacetic acid baits","content":"### sec.10 Low-risk fluoroacetic acid baits\n\nA low-risk fluoroacetic acid bait is a poison that is fluoroacetic acid in the form of a bait containing the acid in a concentration of not more than 0.5 grams for each kilogram of the bait.","sortOrder":11},{"sectionNumber":"ch.1-pt.3","sectionType":"part","heading":"Authorisations and approval of departmental standards","content":"# Authorisations and approval of departmental standards","sortOrder":12},{"sectionNumber":"sec.11","sectionType":"section","heading":"Approved persons— Act , s 54","content":"### sec.11 Approved persons— Act , s 54\n\nFor section 54 (1) of the Act , a class of persons stated in schedule 2 is prescribed for the dealing with the regulated poison stated in the table in the schedule for the class of persons to the extent the dealing is carried out by a person acting—\nas a member of the class of persons; and\nwithin the scope for the dealing, if any.\nAn authorised officer under the Biosecurity Act 2014 is prescribed for a dealing with a regulated poison stated in the table in schedule 2 , section 12 to the extent the person is acting as an authorised officer under that Act and within the scope stated for the dealing in column 3 of the table.\nIn this section—\nscope , for a dealing with a regulated poison, means a circumstance, purpose or other matter stated in a table in schedule 2 for the dealing.\n(sec.11-ssec.1) For section 54 (1) of the Act , a class of persons stated in schedule 2 is prescribed for the dealing with the regulated poison stated in the table in the schedule for the class of persons to the extent the dealing is carried out by a person acting— as a member of the class of persons; and within the scope for the dealing, if any. An authorised officer under the Biosecurity Act 2014 is prescribed for a dealing with a regulated poison stated in the table in schedule 2 , section 12 to the extent the person is acting as an authorised officer under that Act and within the scope stated for the dealing in column 3 of the table.\n(sec.11-ssec.2) In this section— scope , for a dealing with a regulated poison, means a circumstance, purpose or other matter stated in a table in schedule 2 for the dealing.\n- (a) as a member of the class of persons; and\n- (b) within the scope for the dealing, if any.","sortOrder":13},{"sectionNumber":"sec.12","sectionType":"section","heading":"Departmental standards— Act , s 233","content":"### sec.12 Departmental standards— Act , s 233\n\nFor section 233 (4) of the Act , each departmental standard stated in schedule 3 is approved.\nSee section 233 (4) of the Act for when a departmental standard takes effect.\nA reference in this regulation to a departmental standard by its name is a reference to the standard stated in schedule 3 —\nwith that name; and\nwith the version number mentioned opposite that name.\n(sec.12-ssec.1) For section 233 (4) of the Act , each departmental standard stated in schedule 3 is approved. See section 233 (4) of the Act for when a departmental standard takes effect.\n(sec.12-ssec.2) A reference in this regulation to a departmental standard by its name is a reference to the standard stated in schedule 3 — with that name; and with the version number mentioned opposite that name.\n- (a) with that name; and\n- (b) with the version number mentioned opposite that name.","sortOrder":14},{"sectionNumber":"ch.1-pt.4","sectionType":"part","heading":"Exemptions and exclusions","content":"# Exemptions and exclusions","sortOrder":15},{"sectionNumber":"sec.13","sectionType":"section","heading":"Exemption for reference material— Act , s 7","content":"### sec.13 Exemption for reference material— Act , s 7\n\nFor section 7 (1) of the Act , each of the following activities with the following substances is prescribed—\napplying or using reference material containing 1 gram or less of a regulated poison at an analytical or chemical laboratory;\napplying or using reference material containing 0.5 grams or less of a regulated poison in a portable testing device;\nbuying or possessing reference material for an activity mentioned in paragraph (a) or (b) .\nIn this section—\naccredited laboratory means a laboratory accredited by an accreditation body in compliance with AS ISO/IEC 17011:2018 (Conformity assessment—Requirements for accreditation bodies accrediting conformity assessment bodies).\nportable testing device means a portable device designed to test for the presence of, or provide immediate analysis of, a regulated substance.\nreference material means a substance used to calibrate analytical equipment, or validate an analytical measurement process, that has been manufactured by an accredited laboratory in compliance with—\nAS ISO/IEC 17025:2018 (General requirements for the competence of testing and calibration laboratories); and\nAS ISO/IEC 17034:2018 (General requirements for the competence of reference material producers).\ns 13 amd 2023 SL No. 162 s 4\n(sec.13-ssec.1) For section 7 (1) of the Act , each of the following activities with the following substances is prescribed— applying or using reference material containing 1 gram or less of a regulated poison at an analytical or chemical laboratory; applying or using reference material containing 0.5 grams or less of a regulated poison in a portable testing device; buying or possessing reference material for an activity mentioned in paragraph (a) or (b) .\n(sec.13-ssec.2) In this section— accredited laboratory means a laboratory accredited by an accreditation body in compliance with AS ISO/IEC 17011:2018 (Conformity assessment—Requirements for accreditation bodies accrediting conformity assessment bodies). portable testing device means a portable device designed to test for the presence of, or provide immediate analysis of, a regulated substance. reference material means a substance used to calibrate analytical equipment, or validate an analytical measurement process, that has been manufactured by an accredited laboratory in compliance with— AS ISO/IEC 17025:2018 (General requirements for the competence of testing and calibration laboratories); and AS ISO/IEC 17034:2018 (General requirements for the competence of reference material producers).\n- (a) applying or using reference material containing 1 gram or less of a regulated poison at an analytical or chemical laboratory;\n- (b) applying or using reference material containing 0.5 grams or less of a regulated poison in a portable testing device;\n- (c) buying or possessing reference material for an activity mentioned in paragraph (a) or (b) .\n- (a) AS ISO/IEC 17025:2018 (General requirements for the competence of testing and calibration laboratories); and\n- (b) AS ISO/IEC 17034:2018 (General requirements for the competence of reference material producers).","sortOrder":16},{"sectionNumber":"sec.14","sectionType":"section","heading":"Excluded places— Act , s 60","content":"### sec.14 Excluded places— Act , s 60\n\nFor section 60 (3) of the Act , definition excluded place , paragraph (b) , a place used for the sole or main purpose of carrying out or providing 1 or more activities or services stated in schedule 4 is prescribed to be an excluded place.","sortOrder":17},{"sectionNumber":"sec.15","sectionType":"section","heading":"Excluded S7 poisons— Act , s 60","content":"### sec.15 Excluded S7 poisons— Act , s 60\n\nFor section 60 (3) of the Act , definition excluded S7 poison , a restricted S7 poison is prescribed to be an excluded S7 poison.","sortOrder":18},{"sectionNumber":"ch.2-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":19},{"sectionNumber":"sec.16","sectionType":"section","heading":"Application of chapter— Act , s 70","content":"### sec.16 Application of chapter— Act , s 70\n\nFor section 70 (1) (a) of the Act , this chapter prescribes standard conditions applying in relation to substance authorities authorising dealings with regulated poisons.\nSee also chapter 3 for requirements prescribed under section 91 (1) of the Act .","sortOrder":20},{"sectionNumber":"ch.2-pt.2","sectionType":"part","heading":"Conditions for particular types of substance authorities","content":"# Conditions for particular types of substance authorities","sortOrder":21},{"sectionNumber":"ch.2-pt.2-div.1","sectionType":"division","heading":"Manufacturing licences","content":"## Manufacturing licences","sortOrder":22},{"sectionNumber":"sec.17","sectionType":"section","heading":"Application of division","content":"### sec.17 Application of division\n\nThis division applies in relation to a manufacturing licence authorising the manufacture of a regulated poison.","sortOrder":23},{"sectionNumber":"sec.18","sectionType":"section","heading":"Manufacturing supervisors","content":"### sec.18 Manufacturing supervisors\n\nThe holder of a manufacturing licence must appoint an appropriately qualified person to supervise manufacturing under the licence.\nThe holder must take all reasonable steps to ensure—\nthe person mentioned in subsection (1) satisfies, and continues to satisfy, the competency requirements stated in the competency standard that relate to the supervision of manufacturing for the type of licence held; and\nthe manufacture of a regulated poison under the licence is carried out under the supervision of the person.\nIn this section—\ncompetency standard means the departmental standard called ‘Competency requirements for authority holders dealing with poisons’.\n(sec.18-ssec.1) The holder of a manufacturing licence must appoint an appropriately qualified person to supervise manufacturing under the licence.\n(sec.18-ssec.2) The holder must take all reasonable steps to ensure— the person mentioned in subsection (1) satisfies, and continues to satisfy, the competency requirements stated in the competency standard that relate to the supervision of manufacturing for the type of licence held; and the manufacture of a regulated poison under the licence is carried out under the supervision of the person.\n(sec.18-ssec.3) In this section— competency standard means the departmental standard called ‘Competency requirements for authority holders dealing with poisons’.\n- (a) the person mentioned in subsection (1) satisfies, and continues to satisfy, the competency requirements stated in the competency standard that relate to the supervision of manufacturing for the type of licence held; and\n- (b) the manufacture of a regulated poison under the licence is carried out under the supervision of the person.","sortOrder":24},{"sectionNumber":"sec.19","sectionType":"section","heading":"Quality control","content":"### sec.19 Quality control\n\nThe holder of a manufacturing licence must take all reasonable steps to ensure a regulated poison manufactured under the licence is fit for its intended use and free from contamination.","sortOrder":25},{"sectionNumber":"sec.20","sectionType":"section","heading":"Batch manufacturing records","content":"### sec.20 Batch manufacturing records\n\nThe holder of a manufacturing licence must keep a record of the following information for each batch of regulated poison manufactured under the licence—\na unique identifier;\ndetails of materials used in the manufacture;\nthe supplier of the materials for manufacture;\nthe procedures and controls used in manufacturing;\ndetails of tests carried out during processing the batch;\nif a stability study is carried out to test the shelf life and appropriate storage conditions of the batch—details of the study.\nHowever, subsection (1) does not apply in relation to a batch of regulated poison that is a low-risk fluoroacetic acid bait manufactured for immediate use.\ns 20 amd 2023 SL No. 162 s 5\n(sec.20-ssec.1) The holder of a manufacturing licence must keep a record of the following information for each batch of regulated poison manufactured under the licence— a unique identifier; details of materials used in the manufacture; the supplier of the materials for manufacture; the procedures and controls used in manufacturing; details of tests carried out during processing the batch; if a stability study is carried out to test the shelf life and appropriate storage conditions of the batch—details of the study.\n(sec.20-ssec.2) However, subsection (1) does not apply in relation to a batch of regulated poison that is a low-risk fluoroacetic acid bait manufactured for immediate use.\n- (a) a unique identifier;\n- (b) details of materials used in the manufacture;\n- (c) the supplier of the materials for manufacture;\n- (d) the procedures and controls used in manufacturing;\n- (e) details of tests carried out during processing the batch;\n- (f) if a stability study is carried out to test the shelf life and appropriate storage conditions of the batch—details of the study.","sortOrder":26},{"sectionNumber":"ch.2-pt.2-div.2","sectionType":"division","heading":"General approvals for controlling invasive animals","content":"## General approvals for controlling invasive animals","sortOrder":27},{"sectionNumber":"sec.21","sectionType":"section","heading":"Application of division","content":"### sec.21 Application of division\n\nThis division applies in relation to a general approval authorising a dealing with a restricted S7 poison to control an invasive animal.","sortOrder":28},{"sectionNumber":"sec.22","sectionType":"section","heading":"Competency for dealings","content":"### sec.22 Competency for dealings\n\nThe holder of a general approval must satisfy, and continue to satisfy, the competency requirements stated in the competency standard that relate to the type of approval held.\nAlso, the holder of the general approval must take all reasonable steps to ensure that every person dealing with a restricted S7 poison under the approval satisfies, and continues to satisfy, the relevant competency requirements stated in the competency standard.\nFor subsections (1) and (2) , a person satisfies a requirement to have a competency stated in the competency standard if the person—\nhas a statement of attainment stating the person has successfully completed the competency; or\nhas successfully completed training, approved by the chief executive, that is substantially equivalent to the competency.\nIn this section—\ncompetency standard means the departmental standard called ‘Competency requirements for authority holders dealing with poisons’.\ns 22 amd 2023 SL No. 162 s 6\n(sec.22-ssec.1) The holder of a general approval must satisfy, and continue to satisfy, the competency requirements stated in the competency standard that relate to the type of approval held.\n(sec.22-ssec.2) Also, the holder of the general approval must take all reasonable steps to ensure that every person dealing with a restricted S7 poison under the approval satisfies, and continues to satisfy, the relevant competency requirements stated in the competency standard.\n(sec.22-ssec.3) For subsections (1) and (2) , a person satisfies a requirement to have a competency stated in the competency standard if the person— has a statement of attainment stating the person has successfully completed the competency; or has successfully completed training, approved by the chief executive, that is substantially equivalent to the competency.\n(sec.22-ssec.4) In this section— competency standard means the departmental standard called ‘Competency requirements for authority holders dealing with poisons’.\n- (a) has a statement of attainment stating the person has successfully completed the competency; or\n- (b) has successfully completed training, approved by the chief executive, that is substantially equivalent to the competency.","sortOrder":29},{"sectionNumber":"sec.23","sectionType":"section","heading":null,"content":"### Section sec.23\n\ns 23 om 2023 SL No. 162 s 7","sortOrder":30},{"sectionNumber":"ch.2-pt.3","sectionType":"part","heading":"Conditions for particular regulated poisons","content":"# Conditions for particular regulated poisons","sortOrder":31},{"sectionNumber":"ch.2-pt.3-div.1","sectionType":"division","heading":"Possession of high-risk poisons","content":"## Possession of high-risk poisons","sortOrder":32},{"sectionNumber":"sec.24","sectionType":"section","heading":"Application of division","content":"### sec.24 Application of division\n\nThis division applies in relation to a substance authority authorising the possession of a high-risk poison.","sortOrder":33},{"sectionNumber":"sec.25","sectionType":"section","heading":"Definitions for division","content":"### sec.25 Definitions for division\n\nIn this division—\nhigh-risk poison register , for a substance authority, means the high-risk poison register kept for the authority under section 26 .\nportion , of a high-risk poison in relation to a substance authority, means a discrete part of the total amount of the poison authorised to be possessed under the authority, in a particular form and strength.","sortOrder":34},{"sectionNumber":"sec.26","sectionType":"section","heading":"Keeping register","content":"### sec.26 Keeping register\n\nThe holder of a substance authority must keep a document (a high-risk poison register ) about the total amount of a high-risk poison authorised to be possessed under the authority.\nThe holder must take all reasonable steps to ensure the high-risk poison register states—\nhow each portion of the total amount of the high-risk poison is dealt with; and\nhow much of the high-risk poison is possessed at any given time at each authorised place for the authority.\n(sec.26-ssec.1) The holder of a substance authority must keep a document (a high-risk poison register ) about the total amount of a high-risk poison authorised to be possessed under the authority.\n(sec.26-ssec.2) The holder must take all reasonable steps to ensure the high-risk poison register states— how each portion of the total amount of the high-risk poison is dealt with; and how much of the high-risk poison is possessed at any given time at each authorised place for the authority.\n- (a) how each portion of the total amount of the high-risk poison is dealt with; and\n- (b) how much of the high-risk poison is possessed at any given time at each authorised place for the authority.","sortOrder":35},{"sectionNumber":"sec.27","sectionType":"section","heading":"Information that must be recorded in register","content":"### sec.27 Information that must be recorded in register\n\nThis section applies to each person carrying out a dealing with a portion of a high-risk poison under a substance authority.\nAt the time of the dealing, the person must record the following information in the high-risk poison register for the substance authority—\nthe date of the dealing;\nthe name, form, strength and amount of the portion;\nthe details of the dealing;\napply a portion of heroin to testing equipment for calibration\ndispose of a portion of 1,3-dimethylbutylamine by mixing it with reagents\nthe name, position and signature of the person;\nif the dealing is supply—the contact details of—\nthe person who supplied the portion; and\nthe person to whom the portion was supplied;\nif the dealing is disposal—\nthe name and position of the person who witnessed the destruction of the portion; and\nthe method of destruction;\nif the dealing is not supply or disposal—the name and position of any other person who is involved in carrying out the dealing under the substance authority.\n(sec.27-ssec.1) This section applies to each person carrying out a dealing with a portion of a high-risk poison under a substance authority.\n(sec.27-ssec.2) At the time of the dealing, the person must record the following information in the high-risk poison register for the substance authority— the date of the dealing; the name, form, strength and amount of the portion; the details of the dealing; apply a portion of heroin to testing equipment for calibration dispose of a portion of 1,3-dimethylbutylamine by mixing it with reagents the name, position and signature of the person; if the dealing is supply—the contact details of— the person who supplied the portion; and the person to whom the portion was supplied; if the dealing is disposal— the name and position of the person who witnessed the destruction of the portion; and the method of destruction; if the dealing is not supply or disposal—the name and position of any other person who is involved in carrying out the dealing under the substance authority.\n- (a) the date of the dealing;\n- (b) the name, form, strength and amount of the portion;\n- (c) the details of the dealing; Examples for paragraph (c) — • apply a portion of heroin to testing equipment for calibration • dispose of a portion of 1,3-dimethylbutylamine by mixing it with reagents\n- • apply a portion of heroin to testing equipment for calibration\n- • dispose of a portion of 1,3-dimethylbutylamine by mixing it with reagents\n- (d) the name, position and signature of the person;\n- (e) if the dealing is supply—the contact details of— (i) the person who supplied the portion; and (ii) the person to whom the portion was supplied;\n- (i) the person who supplied the portion; and\n- (ii) the person to whom the portion was supplied;\n- (f) if the dealing is disposal— (i) the name and position of the person who witnessed the destruction of the portion; and (ii) the method of destruction;\n- (i) the name and position of the person who witnessed the destruction of the portion; and\n- (ii) the method of destruction;\n- (g) if the dealing is not supply or disposal—the name and position of any other person who is involved in carrying out the dealing under the substance authority.\n- • apply a portion of heroin to testing equipment for calibration\n- • dispose of a portion of 1,3-dimethylbutylamine by mixing it with reagents\n- (i) the person who supplied the portion; and\n- (ii) the person to whom the portion was supplied;\n- (i) the name and position of the person who witnessed the destruction of the portion; and\n- (ii) the method of destruction;","sortOrder":36},{"sectionNumber":"sec.28","sectionType":"section","heading":"Corrections to register","content":"### sec.28 Corrections to register\n\nA person mentioned in section 27 (1) must not amend a high-risk poison register unless the person is correcting the register in the way mentioned in subsections (2) and (3) .\nThe person may correct an entry (an original entry ) in the high-risk poison register by making a record of the following information with the entry—\nthe date the correction is made;\nthe name and position of the person;\nthe name and position of another person who witnessed the person making the correction;\nthe reason for the correction.\nThe person must not cancel, delete or obliterate the original entry when making the correction.\n(sec.28-ssec.1) A person mentioned in section 27 (1) must not amend a high-risk poison register unless the person is correcting the register in the way mentioned in subsections (2) and (3) .\n(sec.28-ssec.2) The person may correct an entry (an original entry ) in the high-risk poison register by making a record of the following information with the entry— the date the correction is made; the name and position of the person; the name and position of another person who witnessed the person making the correction; the reason for the correction.\n(sec.28-ssec.3) The person must not cancel, delete or obliterate the original entry when making the correction.\n- (a) the date the correction is made;\n- (b) the name and position of the person;\n- (c) the name and position of another person who witnessed the person making the correction;\n- (d) the reason for the correction.","sortOrder":37},{"sectionNumber":"sec.29","sectionType":"section","heading":"Electronic register","content":"### sec.29 Electronic register\n\nThis section applies if the holder of a substance authority keeps a high-risk poison register in an electronic form.\nThe holder must take all reasonable steps to ensure—\na person can make entries in the register only by using the person’s secure system identifier provided by the holder; and\nthe person’s secure system identifier is automatically recorded with an entry in the register made by the person; and\nthe register is set up in a way that allows the information required under sections 27 and 28 to be included in the register; and\nthe entries in the register are able to be easily reproduced on paper.\nThe holder must make and keep a record of each person’s secure system identifier in a form that can not readily be altered without detection.\nIn this section—\nsecure system identifier , for a person, means a unique identifier for the person that can only be used in combination with a password created by the person.\n(sec.29-ssec.1) This section applies if the holder of a substance authority keeps a high-risk poison register in an electronic form.\n(sec.29-ssec.2) The holder must take all reasonable steps to ensure— a person can make entries in the register only by using the person’s secure system identifier provided by the holder; and the person’s secure system identifier is automatically recorded with an entry in the register made by the person; and the register is set up in a way that allows the information required under sections 27 and 28 to be included in the register; and the entries in the register are able to be easily reproduced on paper.\n(sec.29-ssec.3) The holder must make and keep a record of each person’s secure system identifier in a form that can not readily be altered without detection.\n(sec.29-ssec.4) In this section— secure system identifier , for a person, means a unique identifier for the person that can only be used in combination with a password created by the person.\n- (a) a person can make entries in the register only by using the person’s secure system identifier provided by the holder; and\n- (b) the person’s secure system identifier is automatically recorded with an entry in the register made by the person; and\n- (c) the register is set up in a way that allows the information required under sections 27 and 28 to be included in the register; and\n- (d) the entries in the register are able to be easily reproduced on paper.","sortOrder":38},{"sectionNumber":"sec.30","sectionType":"section","heading":"Paper register","content":"### sec.30 Paper register\n\nThis section applies if the holder of a substance authority keeps a high-risk poison register in a paper form.\nThe holder must take all reasonable steps to ensure—\na page can not be removed from the register without detection; and\na bound book with consecutively numbered pages\nthe register is set up in a way that allows the information required under sections 27 and 28 to be included in the register.\n(sec.30-ssec.1) This section applies if the holder of a substance authority keeps a high-risk poison register in a paper form.\n(sec.30-ssec.2) The holder must take all reasonable steps to ensure— a page can not be removed from the register without detection; and a bound book with consecutively numbered pages the register is set up in a way that allows the information required under sections 27 and 28 to be included in the register.\n- (a) a page can not be removed from the register without detection; and Example for paragraph (a) — a bound book with consecutively numbered pages\n- (b) the register is set up in a way that allows the information required under sections 27 and 28 to be included in the register.","sortOrder":39},{"sectionNumber":"sec.31","sectionType":"section","heading":"Reconciling register","content":"### sec.31 Reconciling register\n\nThe holder of a substance authority must reconcile the remaining portion of a high-risk poison for the authority with how much of the poison is physically possessed at each authorised place for the authority.\nThe reconciliation must be done at least monthly.\nIn this section—\nremaining portion , of a high-risk poison for a substance authority, means the portion of the poison stated in the high-risk poison register for the authority that is purportedly possessed under the authority.\n(sec.31-ssec.1) The holder of a substance authority must reconcile the remaining portion of a high-risk poison for the authority with how much of the poison is physically possessed at each authorised place for the authority.\n(sec.31-ssec.2) The reconciliation must be done at least monthly.\n(sec.31-ssec.3) In this section— remaining portion , of a high-risk poison for a substance authority, means the portion of the poison stated in the high-risk poison register for the authority that is purportedly possessed under the authority.","sortOrder":40},{"sectionNumber":"sec.32","sectionType":"section","heading":"Reporting lost, stolen or destroyed register","content":"### sec.32 Reporting lost, stolen or destroyed register\n\nIf the holder of a substance authority has a high-risk poison register that is lost, stolen or destroyed (each an incident ), the holder must give a notice to the chief executive about the incident.\nThe notice must be given to the chief executive as soon as practicable, and no later than 7 days, after the incident.\n(sec.32-ssec.1) If the holder of a substance authority has a high-risk poison register that is lost, stolen or destroyed (each an incident ), the holder must give a notice to the chief executive about the incident.\n(sec.32-ssec.2) The notice must be given to the chief executive as soon as practicable, and no later than 7 days, after the incident.","sortOrder":41},{"sectionNumber":"sec.33","sectionType":"section","heading":"Storing and transporting high-risk poison","content":"### sec.33 Storing and transporting high-risk poison\n\nThe holder of a substance authority must take all reasonable steps to ensure—\na high-risk poison possessed under the authority is stored in a secure area; and\nif the high-risk poison is transported in a vehicle—the poison is stored in a secure area of the vehicle.\nSubsection (1) does not prevent the holder taking steps that are reasonably necessary for otherwise dealing with the high-risk poison in the authorised way.\nSubsection (4) applies if the substance authority is a wholesale licence or manufacturing licence.\nThe holder of the licence must also ensure each premises in which the high-risk poison is stored is constantly monitored by an alarm system or person located at the premises.\n(sec.33-ssec.1) The holder of a substance authority must take all reasonable steps to ensure— a high-risk poison possessed under the authority is stored in a secure area; and if the high-risk poison is transported in a vehicle—the poison is stored in a secure area of the vehicle.\n(sec.33-ssec.2) Subsection (1) does not prevent the holder taking steps that are reasonably necessary for otherwise dealing with the high-risk poison in the authorised way.\n(sec.33-ssec.3) Subsection (4) applies if the substance authority is a wholesale licence or manufacturing licence.\n(sec.33-ssec.4) The holder of the licence must also ensure each premises in which the high-risk poison is stored is constantly monitored by an alarm system or person located at the premises.\n- (a) a high-risk poison possessed under the authority is stored in a secure area; and\n- (b) if the high-risk poison is transported in a vehicle—the poison is stored in a secure area of the vehicle.","sortOrder":42},{"sectionNumber":"ch.2-pt.3-div.2","sectionType":"division","heading":"Disposal of high-risk poisons","content":"## Disposal of high-risk poisons","sortOrder":43},{"sectionNumber":"sec.34","sectionType":"section","heading":"Application of division","content":"### sec.34 Application of division\n\nThis division applies in relation to a substance authority authorising the disposal of waste from a high-risk poison.","sortOrder":44},{"sectionNumber":"sec.35","sectionType":"section","heading":"Destroying high-risk poison","content":"### sec.35 Destroying high-risk poison\n\nThe holder of a substance authority must take all reasonable steps to ensure waste from a high-risk poison disposed of under the authority is destroyed under the supervision of—\nan inspector; or\nanother person stated in the authority as being authorised to supervise the destruction of the poison.\n- (a) an inspector; or\n- (b) another person stated in the authority as being authorised to supervise the destruction of the poison.","sortOrder":45},{"sectionNumber":"ch.2-pt.3-div.3","sectionType":"division","heading":"Possession of particular hazardous poisons","content":"## Possession of particular hazardous poisons","sortOrder":46},{"sectionNumber":"sec.36","sectionType":"section","heading":"Storage of S2, S3 or S4 poison","content":"### sec.36 Storage of S2, S3 or S4 poison\n\nThis section applies in relation to a substance authority authorising the possession of an S2, S3 or S4 poison.\nThe holder of the substance authority must take all reasonable steps to ensure the S2, S3 or S4 poison is stored in a way that prevents the poison from being accessed by a person who is not authorised to deal with the poison.\nSubsection (2) does not prevent the person taking steps that are reasonably necessary for otherwise dealing with the S2, S3 or S4 poison in the authorised way.\n(sec.36-ssec.1) This section applies in relation to a substance authority authorising the possession of an S2, S3 or S4 poison.\n(sec.36-ssec.2) The holder of the substance authority must take all reasonable steps to ensure the S2, S3 or S4 poison is stored in a way that prevents the poison from being accessed by a person who is not authorised to deal with the poison.\n(sec.36-ssec.3) Subsection (2) does not prevent the person taking steps that are reasonably necessary for otherwise dealing with the S2, S3 or S4 poison in the authorised way.","sortOrder":47},{"sectionNumber":"ch.2-pt.3-div.4","sectionType":"division","heading":"Disposal of particular hazardous poisons","content":"## Disposal of particular hazardous poisons","sortOrder":48},{"sectionNumber":"sec.37","sectionType":"section","heading":"Application of division","content":"### sec.37 Application of division\n\nThis division applies in relation to a substance authority authorising the disposal of waste from an S2, S3 or S4 poison or an S7 substance.","sortOrder":49},{"sectionNumber":"sec.38","sectionType":"section","heading":"Disposal of S2, S3 or S4 poison or S7 substance","content":"### sec.38 Disposal of S2, S3 or S4 poison or S7 substance\n\nThe holder of a substance authority must take all reasonable steps to ensure waste from an S2, S3 or S4 poison or S7 substance disposed of under the authority is destroyed under the supervision of an authorised supervisor for the authority.\nIn this section—\nauthorised supervisor , for a substance authority, means—\na person stated in the authority as being authorised to supervise the destruction of an S2, S3 or S4 poison or an S7 substance under the authority; or\nan appropriately qualified person, approved by the holder of the authority, to supervise the destruction of an S2, S3 or S4 poison or S7 substance.\ns 38 amd 2023 SL No. 162 s 8\n(sec.38-ssec.1) The holder of a substance authority must take all reasonable steps to ensure waste from an S2, S3 or S4 poison or S7 substance disposed of under the authority is destroyed under the supervision of an authorised supervisor for the authority.\n(sec.38-ssec.2) In this section— authorised supervisor , for a substance authority, means— a person stated in the authority as being authorised to supervise the destruction of an S2, S3 or S4 poison or an S7 substance under the authority; or an appropriately qualified person, approved by the holder of the authority, to supervise the destruction of an S2, S3 or S4 poison or S7 substance. s 38 amd 2023 SL No. 162 s 8\n- (a) a person stated in the authority as being authorised to supervise the destruction of an S2, S3 or S4 poison or an S7 substance under the authority; or\n- (b) an appropriately qualified person, approved by the holder of the authority, to supervise the destruction of an S2, S3 or S4 poison or S7 substance.","sortOrder":50},{"sectionNumber":"ch.2-pt.4","sectionType":"part","heading":"Notification conditions","content":"# Notification conditions","sortOrder":51},{"sectionNumber":"ch.2-pt.4-div.1","sectionType":"division","heading":"Conditions for all regulated poisons","content":"## Conditions for all regulated poisons","sortOrder":52},{"sectionNumber":"sec.39","sectionType":"section","heading":"Application of division","content":"### sec.39 Application of division\n\nThis division applies in relation to a substance authority authorising a dealing with a regulated poison.","sortOrder":53},{"sectionNumber":"sec.40","sectionType":"section","heading":"Particular changes to persons or places","content":"### sec.40 Particular changes to persons or places\n\nThe holder of a substance authority must give the chief executive notice if any of the following changes are proposed by the holder—\na change to an authorised place for the authority;\na change to a relevant person stated in the authority;\nif the substance authority is a manufacturing licence—a change to the person who is appointed to supervise manufacturing under the licence.\n- (a) a change to an authorised place for the authority;\n- (b) a change to a relevant person stated in the authority;\n- (c) if the substance authority is a manufacturing licence—a change to the person who is appointed to supervise manufacturing under the licence.","sortOrder":54},{"sectionNumber":"sec.41","sectionType":"section","heading":"Stopping dealing","content":"### sec.41 Stopping dealing\n\nThis section applies if the holder of a substance authority proposes to stop carrying out a dealing with a regulated poison under the authority.\nThe holder must give the chief executive a notice stating the following information—\nthe day the dealing is proposed to stop;\nthe amount of regulated poison that is likely to be unused on the day mentioned in paragraph (a) , if any;\nhow the person proposes to deal with any unused poison.\n(sec.41-ssec.1) This section applies if the holder of a substance authority proposes to stop carrying out a dealing with a regulated poison under the authority.\n(sec.41-ssec.2) The holder must give the chief executive a notice stating the following information— the day the dealing is proposed to stop; the amount of regulated poison that is likely to be unused on the day mentioned in paragraph (a) , if any; how the person proposes to deal with any unused poison.\n- (a) the day the dealing is proposed to stop;\n- (b) the amount of regulated poison that is likely to be unused on the day mentioned in paragraph (a) , if any;\n- (c) how the person proposes to deal with any unused poison.","sortOrder":55},{"sectionNumber":"ch.2-pt.4-div.2","sectionType":"division","heading":"Conditions for restricted S7 or high-risk poisons","content":"## Conditions for restricted S7 or high-risk poisons","sortOrder":56},{"sectionNumber":"sec.42","sectionType":"section","heading":"Application of division","content":"### sec.42 Application of division\n\nThis division applies in relation to a substance authority authorising a dealing with a restricted S7 poison or high-risk poison.","sortOrder":57},{"sectionNumber":"sec.43","sectionType":"section","heading":"Loss of, or exposure to, poison","content":"### sec.43 Loss of, or exposure to, poison\n\nThe holder of a substance authority must notify the chief executive, orally or in writing, if either of the following incidents happen—\nan amount of a restricted S7 poison or high-risk poison possessed under the authority is not accounted for;\na release of a restricted S7 poison or high-risk poison possessed under the authority causes, or is likely to cause, someone to require medical treatment.\nThe notification must—\nbe given as soon as practicable after the incident happens; and\ninclude enough particulars to identify the nature of the incident and its location.\nIf the notification is given orally, the holder must give the chief executive a later written notice within 7 days after the incident happens.\n(sec.43-ssec.1) The holder of a substance authority must notify the chief executive, orally or in writing, if either of the following incidents happen— an amount of a restricted S7 poison or high-risk poison possessed under the authority is not accounted for; a release of a restricted S7 poison or high-risk poison possessed under the authority causes, or is likely to cause, someone to require medical treatment.\n(sec.43-ssec.2) The notification must— be given as soon as practicable after the incident happens; and include enough particulars to identify the nature of the incident and its location.\n(sec.43-ssec.3) If the notification is given orally, the holder must give the chief executive a later written notice within 7 days after the incident happens.\n- (a) an amount of a restricted S7 poison or high-risk poison possessed under the authority is not accounted for;\n- (b) a release of a restricted S7 poison or high-risk poison possessed under the authority causes, or is likely to cause, someone to require medical treatment.\n- (a) be given as soon as practicable after the incident happens; and\n- (b) include enough particulars to identify the nature of the incident and its location.","sortOrder":58},{"sectionNumber":"ch.3-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":59},{"sectionNumber":"sec.44","sectionType":"section","heading":"Application of chapter— Act , s 91","content":"### sec.44 Application of chapter— Act , s 91\n\nFor section 91 (1) of the Act , this chapter prescribes requirements, for a person authorised under section 54 (4) or 62 of the Act to deal with a regulated poison, in relation to carrying out the dealing.\nSee section 91 (3) of the Act in relation to the matters to which the requirements under this chapter are subject.\nThis chapter does not apply in relation to persons authorised to deal with a regulated poison under section 57 of the Act which relates to emergency orders.\n- 1 See section 91 (3) of the Act in relation to the matters to which the requirements under this chapter are subject.\n- 2 This chapter does not apply in relation to persons authorised to deal with a regulated poison under section 57 of the Act which relates to emergency orders.","sortOrder":60},{"sectionNumber":"ch.3-pt.2","sectionType":"part","heading":"Buying regulated poisons by wholesale","content":"# Buying regulated poisons by wholesale","sortOrder":61},{"sectionNumber":"sec.45","sectionType":"section","heading":"Application of part","content":"### sec.45 Application of part\n\nThis part applies to a person (a buyer ) who is authorised to buy a regulated poison.\nHowever, this part does not apply in relation to a dealing that is buying a regulated poison from a supplier by retail.\n(sec.45-ssec.1) This part applies to a person (a buyer ) who is authorised to buy a regulated poison.\n(sec.45-ssec.2) However, this part does not apply in relation to a dealing that is buying a regulated poison from a supplier by retail.","sortOrder":62},{"sectionNumber":"sec.46","sectionType":"section","heading":"Definition for part","content":"### sec.46 Definition for part\n\nIn this part—\nsupplier , of a regulated poison, means a person authorised under the Act , or permitted under a corresponding law or another law, to supply the poison.","sortOrder":63},{"sectionNumber":"sec.47","sectionType":"section","heading":"Buyer must give purchase order","content":"### sec.47 Buyer must give purchase order\n\nA buyer who buys a regulated poison from a supplier must give a written purchase order for the poison to a supplier before or at the time of supply of the poison.","sortOrder":64},{"sectionNumber":"sec.48","sectionType":"section","heading":"Purchase order requirements","content":"### sec.48 Purchase order requirements\n\nA buyer must state each of the following matters in a purchase order given under section 47 —\nthe date of the purchase order;\nthe name and contact details of the buyer;\nif the buyer carries on a business—the buyer’s ABN;\nthe details of the buyer’s authorisation under the Act to buy the poison;\nfor a regulated poison other than a high-risk poison—the name and amount of the poison;\nfor a high-risk poison—the name, form, strength and amount of the poison;\nif the poison is to be delivered to the buyer—the physical address of the buyer for delivery.\nThe purchase order must—\nbe prepared and sent to the supplier in a way that is reasonably likely to—\nminimise fraud or tampering; and\nallow the purchase order to be amended only by the buyer or supplier; and\nbe signed by the buyer or marked with a unique identifier for the buyer.\ns 48 amd 2023 SL No. 162 s 9\n(sec.48-ssec.1) A buyer must state each of the following matters in a purchase order given under section 47 — the date of the purchase order; the name and contact details of the buyer; if the buyer carries on a business—the buyer’s ABN; the details of the buyer’s authorisation under the Act to buy the poison; for a regulated poison other than a high-risk poison—the name and amount of the poison; for a high-risk poison—the name, form, strength and amount of the poison; if the poison is to be delivered to the buyer—the physical address of the buyer for delivery.\n(sec.48-ssec.2) The purchase order must— be prepared and sent to the supplier in a way that is reasonably likely to— minimise fraud or tampering; and allow the purchase order to be amended only by the buyer or supplier; and be signed by the buyer or marked with a unique identifier for the buyer.\n- (a) the date of the purchase order;\n- (b) the name and contact details of the buyer;\n- (c) if the buyer carries on a business—the buyer’s ABN;\n- (d) the details of the buyer’s authorisation under the Act to buy the poison;\n- (e) for a regulated poison other than a high-risk poison—the name and amount of the poison;\n- (f) for a high-risk poison—the name, form, strength and amount of the poison;\n- (g) if the poison is to be delivered to the buyer—the physical address of the buyer for delivery.\n- (a) be prepared and sent to the supplier in a way that is reasonably likely to— (i) minimise fraud or tampering; and (ii) allow the purchase order to be amended only by the buyer or supplier; and\n- (i) minimise fraud or tampering; and\n- (ii) allow the purchase order to be amended only by the buyer or supplier; and\n- (b) be signed by the buyer or marked with a unique identifier for the buyer.\n- (i) minimise fraud or tampering; and\n- (ii) allow the purchase order to be amended only by the buyer or supplier; and","sortOrder":65},{"sectionNumber":"sec.49","sectionType":"section","heading":"Buyer must give information about authorisation","content":"### sec.49 Buyer must give information about authorisation\n\nA buyer who buys a regulated poison from a supplier must give the supplier information demonstrating that the buyer is authorised under the Act to buy the poison.","sortOrder":66},{"sectionNumber":"sec.50","sectionType":"section","heading":"Buyer to keep invoice","content":"### sec.50 Buyer to keep invoice\n\nIf a buyer receives an invoice from a supplier for the supply of a regulated poison to the buyer, the buyer must keep the invoice.","sortOrder":67},{"sectionNumber":"ch.3-pt.3","sectionType":"part","heading":"Supplying regulated poisons","content":"# Supplying regulated poisons","sortOrder":68},{"sectionNumber":"ch.3-pt.3-div.1","sectionType":"division","heading":"Supply to buyers","content":"## Supply to buyers","sortOrder":69},{"sectionNumber":"sec.51","sectionType":"section","heading":"Application of division","content":"### sec.51 Application of division\n\nThis division applies to a person (a supplier ) who is authorised to supply a regulated poison.","sortOrder":70},{"sectionNumber":"sec.52","sectionType":"section","heading":"Definition for division","content":"### sec.52 Definition for division\n\nIn this division—\nbuyer , of a regulated poison, means a person buying, or attempting to buy, the poison.","sortOrder":71},{"sectionNumber":"sec.53","sectionType":"section","heading":"Supply to authorised buyer only","content":"### sec.53 Supply to authorised buyer only\n\nA supplier must not supply a regulated poison to a buyer unless the supplier reasonably believes that the buyer is a person authorised under the Act , or permitted under a corresponding law or another law, to buy the poison.","sortOrder":72},{"sectionNumber":"sec.54","sectionType":"section","heading":"Labels and containers to comply with Poisons Standard or approved alternatives","content":"### sec.54 Labels and containers to comply with Poisons Standard or approved alternatives\n\nA supplier must not supply a regulated poison to a buyer unless the poison is labelled in accordance with—\nthe requirements for labelling the poison stated in the Poisons Standard, part 2, division 2 ; or\nif an alternative way for labelling the poison is approved, or taken to be approved, by the chief executive under section 82 —the alternative way.\nA supplier must not supply a regulated poison to a buyer unless the container of the poison complies with—\nthe requirements for a container of the poison stated in the Poisons Standard, part 2, division 3 ; or\nif an alternative way for packaging the poison is approved, or taken to be approved, by the chief executive under section 82 —the alternative way.\nHowever, the supplier does not contravene subsection (1) or (2) if—\nthe schedule of the Poisons Standard in which the regulated poison is listed has changed within 6 months after the poison was labelled or packaged; and\nthe supplier had labelled or packaged the poison in accordance with the schedule of the Poisons Standard in which the poison was listed before the change to the listing happened.\nTo remove any doubt, it is declared that subsections (1) (a) and (2) (a) do not apply to the supplier to the extent an exemption mentioned in the Poisons Standard applies to the labelling or packaging for the regulated poison.\ns 54 amd 2023 SL No. 162 s 10\n(sec.54-ssec.1) A supplier must not supply a regulated poison to a buyer unless the poison is labelled in accordance with— the requirements for labelling the poison stated in the Poisons Standard, part 2, division 2 ; or if an alternative way for labelling the poison is approved, or taken to be approved, by the chief executive under section 82 —the alternative way.\n(sec.54-ssec.2) A supplier must not supply a regulated poison to a buyer unless the container of the poison complies with— the requirements for a container of the poison stated in the Poisons Standard, part 2, division 3 ; or if an alternative way for packaging the poison is approved, or taken to be approved, by the chief executive under section 82 —the alternative way.\n(sec.54-ssec.3) However, the supplier does not contravene subsection (1) or (2) if— the schedule of the Poisons Standard in which the regulated poison is listed has changed within 6 months after the poison was labelled or packaged; and the supplier had labelled or packaged the poison in accordance with the schedule of the Poisons Standard in which the poison was listed before the change to the listing happened.\n(sec.54-ssec.4) To remove any doubt, it is declared that subsections (1) (a) and (2) (a) do not apply to the supplier to the extent an exemption mentioned in the Poisons Standard applies to the labelling or packaging for the regulated poison.\n- (a) the requirements for labelling the poison stated in the Poisons Standard, part 2, division 2 ; or\n- (b) if an alternative way for labelling the poison is approved, or taken to be approved, by the chief executive under section 82 —the alternative way.\n- (a) the requirements for a container of the poison stated in the Poisons Standard, part 2, division 3 ; or\n- (b) if an alternative way for packaging the poison is approved, or taken to be approved, by the chief executive under section 82 —the alternative way.\n- (a) the schedule of the Poisons Standard in which the regulated poison is listed has changed within 6 months after the poison was labelled or packaged; and\n- (b) the supplier had labelled or packaged the poison in accordance with the schedule of the Poisons Standard in which the poison was listed before the change to the listing happened.","sortOrder":73},{"sectionNumber":"sec.55","sectionType":"section","heading":"Supplier must give invoice","content":"### sec.55 Supplier must give invoice\n\nA supplier who supplies a regulated poison to a buyer must give the buyer a written invoice for the supply that states the following information—\na unique identifier for the invoice;\nthe date of the supply;\nthe name and contact details of the buyer;\nif the buyer carries on a business—the buyer’s ABN;\nfor a regulated poison other than a high-risk poison—the name and amount of the poison;\nfor a high-risk poison—the name, form, strength and amount of the poison.\nThe supplier must keep a copy of the invoice or the information stated in the invoice.\ns 55 amd 2023 SL No. 162 s 11\n(sec.55-ssec.1) A supplier who supplies a regulated poison to a buyer must give the buyer a written invoice for the supply that states the following information— a unique identifier for the invoice; the date of the supply; the name and contact details of the buyer; if the buyer carries on a business—the buyer’s ABN; for a regulated poison other than a high-risk poison—the name and amount of the poison; for a high-risk poison—the name, form, strength and amount of the poison.\n(sec.55-ssec.2) The supplier must keep a copy of the invoice or the information stated in the invoice.\n- (a) a unique identifier for the invoice;\n- (b) the date of the supply;\n- (c) the name and contact details of the buyer;\n- (d) if the buyer carries on a business—the buyer’s ABN;\n- (e) for a regulated poison other than a high-risk poison—the name and amount of the poison;\n- (f) for a high-risk poison—the name, form, strength and amount of the poison.","sortOrder":74},{"sectionNumber":"sec.56","sectionType":"section","heading":"Supplier to ensure buyer confirms receipt of restricted S7 or high-risk poisons","content":"### sec.56 Supplier to ensure buyer confirms receipt of restricted S7 or high-risk poisons\n\nA supplier must not supply a restricted S7 poison or high-risk poison to a buyer unless—\nthe buyer signs a document confirming receipt of the poison; or\nif the poison is to be delivered to the buyer—the supplier arranges for a receipt to be signed by the buyer when the poison is delivered to the buyer.\nThe supplier must give a notice to the chief executive in the approved form if the supplier does not receive a receipt under subsection (1) (b) within 7 days after the day the restricted S7 poison or high-risk poison is delivered to the buyer.\n(sec.56-ssec.1) A supplier must not supply a restricted S7 poison or high-risk poison to a buyer unless— the buyer signs a document confirming receipt of the poison; or if the poison is to be delivered to the buyer—the supplier arranges for a receipt to be signed by the buyer when the poison is delivered to the buyer.\n(sec.56-ssec.2) The supplier must give a notice to the chief executive in the approved form if the supplier does not receive a receipt under subsection (1) (b) within 7 days after the day the restricted S7 poison or high-risk poison is delivered to the buyer.\n- (a) the buyer signs a document confirming receipt of the poison; or\n- (b) if the poison is to be delivered to the buyer—the supplier arranges for a receipt to be signed by the buyer when the poison is delivered to the buyer.","sortOrder":75},{"sectionNumber":"sec.57","sectionType":"section","heading":"Direct delivery","content":"### sec.57 Direct delivery\n\nThis section applies if a supplier arranges delivery of a regulated poison to a buyer.\nThe supplier must take all reasonable steps to ensure the regulated poison is delivered directly to the physical address of the buyer for delivery stated on the purchase order for the poison.\n(sec.57-ssec.1) This section applies if a supplier arranges delivery of a regulated poison to a buyer.\n(sec.57-ssec.2) The supplier must take all reasonable steps to ensure the regulated poison is delivered directly to the physical address of the buyer for delivery stated on the purchase order for the poison.","sortOrder":76},{"sectionNumber":"ch.3-pt.3-div.2","sectionType":"division","heading":null,"content":"","sortOrder":77},{"sectionNumber":"sec.58","sectionType":"section","heading":null,"content":"### Section sec.58\n\ns 58 om 2023 SL No. 162 s 12","sortOrder":78},{"sectionNumber":"sec.59","sectionType":"section","heading":null,"content":"### Section sec.59\n\ns 59 om 2023 SL No. 162 s 12","sortOrder":79},{"sectionNumber":"ch.3-pt.3-div.3","sectionType":"division","heading":"Supply of liquid paraquat","content":"## Supply of liquid paraquat","sortOrder":80},{"sectionNumber":"sec.60","sectionType":"section","heading":"Application of division","content":"### sec.60 Application of division\n\nThis division applies to a person who is authorised to supply an S7 substance that is liquid paraquat.","sortOrder":81},{"sectionNumber":"sec.61","sectionType":"section","heading":"Treating liquid paraquat","content":"### sec.61 Treating liquid paraquat\n\nBefore a person supplies liquid paraquat, the person must ensure it is—\ncoloured to appear blue or green; and\ntreated with a sufficient amount of a stenching agent to make the paraquat smell offensive.\n- (a) coloured to appear blue or green; and\n- (b) treated with a sufficient amount of a stenching agent to make the paraquat smell offensive.","sortOrder":82},{"sectionNumber":"ch.3-pt.4","sectionType":"part","heading":"Other dealings with regulated poisons","content":"# Other dealings with regulated poisons","sortOrder":83},{"sectionNumber":"sec.62","sectionType":"section","heading":"Applying regulated poisons safely","content":"### sec.62 Applying regulated poisons safely\n\nA person who is authorised to apply a regulated poison must apply the poison—\nif the poison has an approved label—in accordance with the approved label; or\notherwise—in a way that does not cause, or is not likely to cause, a health risk.\ns 62 amd 2023 SL No. 162 s 13\n- (a) if the poison has an approved label—in accordance with the approved label; or\n- (b) otherwise—in a way that does not cause, or is not likely to cause, a health risk.","sortOrder":84},{"sectionNumber":"sec.63","sectionType":"section","heading":null,"content":"### Section sec.63\n\ns 63 om 2023 SL No. 162 s 14","sortOrder":85},{"sectionNumber":"sec.64","sectionType":"section","heading":"Storing and transporting S7 substances","content":"### sec.64 Storing and transporting S7 substances\n\nThis section applies to a person authorised to possess an S7 substance, including a restricted S7 poison.\nThe person must take all reasonable steps to ensure—\nthe S7 substance is stored in a secure area; and\nif the S7 substance is transported in a vehicle—the substance is stored in a secure area of the vehicle.\nSubsection (2) does not prevent the person taking steps that are reasonably necessary for otherwise dealing with the S7 substance in the authorised way.\n(sec.64-ssec.1) This section applies to a person authorised to possess an S7 substance, including a restricted S7 poison.\n(sec.64-ssec.2) The person must take all reasonable steps to ensure— the S7 substance is stored in a secure area; and if the S7 substance is transported in a vehicle—the substance is stored in a secure area of the vehicle.\n(sec.64-ssec.3) Subsection (2) does not prevent the person taking steps that are reasonably necessary for otherwise dealing with the S7 substance in the authorised way.\n- (a) the S7 substance is stored in a secure area; and\n- (b) if the S7 substance is transported in a vehicle—the substance is stored in a secure area of the vehicle.","sortOrder":86},{"sectionNumber":"sec.65","sectionType":"section","heading":"Disposal of waste from low-risk fluoroacetic acid baits","content":"### sec.65 Disposal of waste from low-risk fluoroacetic acid baits\n\nA person who is authorised to dispose of waste from a low-risk fluoroacetic acid bait must dispose of the waste in a way that prevents a person or an animal accessing the bait and that is otherwise lawful.\nburying the bait in a deep pit\ns 65 amd 2023 SL No. 162 s 15","sortOrder":87},{"sectionNumber":"ch.5-pt.1","sectionType":"part","heading":"S5 and S6 poisons","content":"# S5 and S6 poisons","sortOrder":88},{"sectionNumber":"ch.5-pt.1-div.1","sectionType":"division","heading":"Supplying S5 and S6 poisons","content":"## Supplying S5 and S6 poisons","sortOrder":89},{"sectionNumber":"sec.69","sectionType":"section","heading":"Compliance with Poisons Standard or approved alternatives","content":"### sec.69 Compliance with Poisons Standard or approved alternatives\n\nA person must not supply an S5 or S6 poison unless the poison is labelled in accordance with—\nthe requirements for labelling the poison stated in the Poisons Standard, part 2, division 2 ; or\nif an alternative way for labelling the poison is approved, or taken to be approved, by the chief executive under section 82 —the alternative way.\nMaximum penalty—40 penalty units.\nA person must not supply an S5 or S6 poison unless the container of the poison complies with—\nthe requirements for a container of the poison stated in the Poisons Standard, part 2, division 3 ; or\nif an alternative way for packaging the poison is approved, or taken to be approved, by the chief executive under section 82 —the alternative way.\nMaximum penalty—40 penalty units.\nHowever, a person does not contravene subsection (1) or (2) if—\nthe schedule of the Poisons Standard in which the poison is listed has changed within 6 months after the poison was labelled or packaged; and\nthe person had labelled or packaged the poison in accordance with the schedule of the Poisons Standard in which the poison was listed before the change to the listing happened.\nTo remove any doubt, it is declared that subsections (1) (a) and (2) (a) do not apply to the person to the extent an exemption mentioned in the Poisons Standard applies to the labelling or packaging of the S5 or S6 poison.\ns 69 amd 2023 SL No. 162 s 16\n(sec.69-ssec.1) A person must not supply an S5 or S6 poison unless the poison is labelled in accordance with— the requirements for labelling the poison stated in the Poisons Standard, part 2, division 2 ; or if an alternative way for labelling the poison is approved, or taken to be approved, by the chief executive under section 82 —the alternative way. Maximum penalty—40 penalty units.\n(sec.69-ssec.2) A person must not supply an S5 or S6 poison unless the container of the poison complies with— the requirements for a container of the poison stated in the Poisons Standard, part 2, division 3 ; or if an alternative way for packaging the poison is approved, or taken to be approved, by the chief executive under section 82 —the alternative way. Maximum penalty—40 penalty units.\n(sec.69-ssec.3) However, a person does not contravene subsection (1) or (2) if— the schedule of the Poisons Standard in which the poison is listed has changed within 6 months after the poison was labelled or packaged; and the person had labelled or packaged the poison in accordance with the schedule of the Poisons Standard in which the poison was listed before the change to the listing happened.\n(sec.69-ssec.4) To remove any doubt, it is declared that subsections (1) (a) and (2) (a) do not apply to the person to the extent an exemption mentioned in the Poisons Standard applies to the labelling or packaging of the S5 or S6 poison.\n- (a) the requirements for labelling the poison stated in the Poisons Standard, part 2, division 2 ; or\n- (b) if an alternative way for labelling the poison is approved, or taken to be approved, by the chief executive under section 82 —the alternative way.\n- (a) the requirements for a container of the poison stated in the Poisons Standard, part 2, division 3 ; or\n- (b) if an alternative way for packaging the poison is approved, or taken to be approved, by the chief executive under section 82 —the alternative way.\n- (a) the schedule of the Poisons Standard in which the poison is listed has changed within 6 months after the poison was labelled or packaged; and\n- (b) the person had labelled or packaged the poison in accordance with the schedule of the Poisons Standard in which the poison was listed before the change to the listing happened.","sortOrder":90},{"sectionNumber":"sec.70","sectionType":"section","heading":"Retail sale and storage of S6 poisons","content":"### sec.70 Retail sale and storage of S6 poisons\n\nA person selling an S6 poison by retail must take all reasonable steps to ensure the poison—\nis stored or sold in child-resistant packaging; or\nis not stored or sold within reach of children under 4 years.\nMaximum penalty—40 penalty units.\nSee the Poisons Standard, part 1 for the definition of child-resistant packaging .\nA person does not commit an offence against subsection (1) if the person stores the S6 poison in compliance with the document called the ‘National guideline for retail storage of schedule 6 and schedule 7 poisons’ made by the Australian Health Ministers’ Advisory Council.\n(sec.70-ssec.1) A person selling an S6 poison by retail must take all reasonable steps to ensure the poison— is stored or sold in child-resistant packaging; or is not stored or sold within reach of children under 4 years. Maximum penalty—40 penalty units. See the Poisons Standard, part 1 for the definition of child-resistant packaging .\n(sec.70-ssec.2) A person does not commit an offence against subsection (1) if the person stores the S6 poison in compliance with the document called the ‘National guideline for retail storage of schedule 6 and schedule 7 poisons’ made by the Australian Health Ministers’ Advisory Council.\n- (a) is stored or sold in child-resistant packaging; or\n- (b) is not stored or sold within reach of children under 4 years.","sortOrder":91},{"sectionNumber":"sec.71","sectionType":"section","heading":"Supplying unsolicited S5 and S6 poison samples","content":"### sec.71 Supplying unsolicited S5 and S6 poison samples\n\nA person must not supply a sample of an S5 or S6 poison from place to place, unless the person has a reasonable excuse.\ntravelling door-to-door putting samples in letterboxes\nMaximum penalty—40 penalty units.\nSubsection (1) does not apply to a person supplying a sample by handing it directly to someone who has an opportunity to refuse to take it.\nhanding out a sample to an attendee at a gardening show\n(sec.71-ssec.1) A person must not supply a sample of an S5 or S6 poison from place to place, unless the person has a reasonable excuse. travelling door-to-door putting samples in letterboxes Maximum penalty—40 penalty units.\n(sec.71-ssec.2) Subsection (1) does not apply to a person supplying a sample by handing it directly to someone who has an opportunity to refuse to take it. handing out a sample to an attendee at a gardening show","sortOrder":92},{"sectionNumber":"ch.5-pt.1-div.2","sectionType":"division","heading":"Possessing S5 and S6 poisons","content":"## Possessing S5 and S6 poisons","sortOrder":93},{"sectionNumber":"sec.72","sectionType":"section","heading":"Definitions for division","content":"### sec.72 Definitions for division\n\nIn this division—\ncompliant container , of an S5 or S6 poison, means a container complying with section 69 or an equivalent requirement under a corresponding law.\nsignal word —\nfor an S5 poison—means ‘caution’; or\nfor an S6 substance—means ‘poison’.\n- (a) for an S5 poison—means ‘caution’; or\n- (b) for an S6 substance—means ‘poison’.","sortOrder":94},{"sectionNumber":"sec.73","sectionType":"section","heading":"Interfering with labelling","content":"### sec.73 Interfering with labelling\n\nA person must not change, cover, deface or remove an approved label on a compliant container of an S5 or S6 poison.\nMaximum penalty—40 penalty units.","sortOrder":95},{"sectionNumber":"sec.74","sectionType":"section","heading":"Decanting poisons","content":"### sec.74 Decanting poisons\n\nA person must not decant an S5 or S6 poison from a compliant container into a new container unless the new container is labelled with—\nthe approved name of the poison; and\nSee the Poisons Standard, part 1 for the definition of approved name .\nthe signal word for the poison in capital letters.\nMaximum penalty—40 penalty units.\n- (a) the approved name of the poison; and Note— See the Poisons Standard, part 1 for the definition of approved name .\n- (b) the signal word for the poison in capital letters.","sortOrder":96},{"sectionNumber":"sec.75","sectionType":"section","heading":"Cracked and damaged packaging","content":"### sec.75 Cracked and damaged packaging\n\nIf a person becomes aware that a compliant container of an S5 or S6 poison is cracked or damaged, the person must immediately—\nif the contents are to be applied by the person—\nempty the poison into another container; and\nlabel the other container with the approved name of the poison and the signal word for the poison in capital letters; or\nSee the Poisons Standard, part 1 for the definition of approved name .\notherwise—dispose of the contents lawfully.\nMaximum penalty—40 penalty units.\n- (a) if the contents are to be applied by the person— (i) empty the poison into another container; and (ii) label the other container with the approved name of the poison and the signal word for the poison in capital letters; or Note— See the Poisons Standard, part 1 for the definition of approved name .\n- (i) empty the poison into another container; and\n- (ii) label the other container with the approved name of the poison and the signal word for the poison in capital letters; or Note— See the Poisons Standard, part 1 for the definition of approved name .\n- (b) otherwise—dispose of the contents lawfully.\n- (i) empty the poison into another container; and\n- (ii) label the other container with the approved name of the poison and the signal word for the poison in capital letters; or Note— See the Poisons Standard, part 1 for the definition of approved name .","sortOrder":97},{"sectionNumber":"sec.76","sectionType":"section","heading":"Contaminating food or drink containers","content":"### sec.76 Contaminating food or drink containers\n\nA person must not use a food or drink container, or cause a food or drink container to be used, to contain an S5 or S6 poison.\nMaximum penalty—40 penalty units.\nA person must not soak, wash or otherwise treat a poison container in a receptacle used to soak, wash or treat a food or drink container.\nMaximum penalty—40 penalty units.\nIn this section—\nfood or drink container means a container that is used, or is of a type commonly used, to hold human or animal food or drink.\npoison container means a container that—\nis used, or is of a type commonly used, to hold an S5 or S6 poison; or\nhas an approved label attached showing the container has been used to hold an S5 or S6 poison.\n(sec.76-ssec.1) A person must not use a food or drink container, or cause a food or drink container to be used, to contain an S5 or S6 poison. Maximum penalty—40 penalty units.\n(sec.76-ssec.2) A person must not soak, wash or otherwise treat a poison container in a receptacle used to soak, wash or treat a food or drink container. Maximum penalty—40 penalty units.\n(sec.76-ssec.3) In this section— food or drink container means a container that is used, or is of a type commonly used, to hold human or animal food or drink. poison container means a container that— is used, or is of a type commonly used, to hold an S5 or S6 poison; or has an approved label attached showing the container has been used to hold an S5 or S6 poison.\n- (a) is used, or is of a type commonly used, to hold an S5 or S6 poison; or\n- (b) has an approved label attached showing the container has been used to hold an S5 or S6 poison.","sortOrder":98},{"sectionNumber":"ch.5-pt.1-div.3","sectionType":"division","heading":"Disposing of waste from S5 and S6 poisons","content":"## Disposing of waste from S5 and S6 poisons","sortOrder":99},{"sectionNumber":"sec.77","sectionType":"section","heading":"Safe disposal of waste","content":"### sec.77 Safe disposal of waste\n\nA person must not dispose of waste from an S5 or S6 poison in a way that affects, or is likely to affect, the health or safety of another person or a domestic animal.\nMaximum penalty—40 penalty units.","sortOrder":100},{"sectionNumber":"ch.5-pt.2","sectionType":"part","heading":"Advertising","content":"# Advertising","sortOrder":101},{"sectionNumber":"sec.78","sectionType":"section","heading":"Unlawful advertising of prohibited substances","content":"### sec.78 Unlawful advertising of prohibited substances\n\nA person must not advertise, or cause a person to advertise, a prohibited substance.\nMaximum penalty—80 penalty units.\nHowever, subsection (1) does not apply in relation to—\nan advertisement of a prohibited substance in a price list intended for circulation only to persons authorised under the Act , or permitted under a corresponding law or another law, to use the substance; or\nan advertisement of Cannabis sativa in connection with an activity authorised under the Drugs Misuse Act 1986 , section 47 or 48 (1) .\n(sec.78-ssec.1) A person must not advertise, or cause a person to advertise, a prohibited substance. Maximum penalty—80 penalty units.\n(sec.78-ssec.2) However, subsection (1) does not apply in relation to— an advertisement of a prohibited substance in a price list intended for circulation only to persons authorised under the Act , or permitted under a corresponding law or another law, to use the substance; or an advertisement of Cannabis sativa in connection with an activity authorised under the Drugs Misuse Act 1986 , section 47 or 48 (1) .\n- (a) an advertisement of a prohibited substance in a price list intended for circulation only to persons authorised under the Act , or permitted under a corresponding law or another law, to use the substance; or\n- (b) an advertisement of Cannabis sativa in connection with an activity authorised under the Drugs Misuse Act 1986 , section 47 or 48 (1) .","sortOrder":102},{"sectionNumber":"sec.79","sectionType":"section","heading":"Unlawful advertising of hazardous poisons","content":"### sec.79 Unlawful advertising of hazardous poisons\n\nA person must not advertise, or cause a person to advertise, a hazardous poison.\nMaximum penalty—80 penalty units.\nHowever, subsection (1) does not apply in relation to an advertisement of a hazardous poison in a journal, a price list or other promotional material intended for circulation only to—\npersons applying the poison in a workplace; or\npersons authorised under the Act , or permitted under a corresponding law or another law, to supply the poison.\nIn this section—\nworkplace means a place that is subject to a work health and safety law within the meaning of section 60 of the Act .\n(sec.79-ssec.1) A person must not advertise, or cause a person to advertise, a hazardous poison. Maximum penalty—80 penalty units.\n(sec.79-ssec.2) However, subsection (1) does not apply in relation to an advertisement of a hazardous poison in a journal, a price list or other promotional material intended for circulation only to— persons applying the poison in a workplace; or persons authorised under the Act , or permitted under a corresponding law or another law, to supply the poison.\n(sec.79-ssec.3) In this section— workplace means a place that is subject to a work health and safety law within the meaning of section 60 of the Act .\n- (a) persons applying the poison in a workplace; or\n- (b) persons authorised under the Act , or permitted under a corresponding law or another law, to supply the poison.","sortOrder":103},{"sectionNumber":"ch.5-pt.3","sectionType":"part","heading":"Record keeping","content":"# Record keeping","sortOrder":104},{"sectionNumber":"sec.80","sectionType":"section","heading":"Recording information","content":"### sec.80 Recording information\n\nThis section applies if a person records information in writing to comply with a requirement under this regulation.\nThe person must ensure the information—\nis written in English; and\nif the information is recorded on paper—is marked legibly in ink.\nMaximum penalty—20 penalty units.\nHowever, subsection (2) (a) —\ndoes not prevent the person also writing the information in another language to help someone understand the information; and\ndoes not apply in relation to the person’s signature.\n(sec.80-ssec.1) This section applies if a person records information in writing to comply with a requirement under this regulation.\n(sec.80-ssec.2) The person must ensure the information— is written in English; and if the information is recorded on paper—is marked legibly in ink. Maximum penalty—20 penalty units.\n(sec.80-ssec.3) However, subsection (2) (a) — does not prevent the person also writing the information in another language to help someone understand the information; and does not apply in relation to the person’s signature.\n- (a) is written in English; and\n- (b) if the information is recorded on paper—is marked legibly in ink.\n- (a) does not prevent the person also writing the information in another language to help someone understand the information; and\n- (b) does not apply in relation to the person’s signature.","sortOrder":105},{"sectionNumber":"sec.81","sectionType":"section","heading":"Keeping information","content":"### sec.81 Keeping information\n\nThis section applies if a person is required to record or keep information to comply with a requirement under this regulation.\nThe person must ensure the information—\nis readily retrievable; and\ncan not be altered, obliterated, deleted or removed without detection; and\nis kept for 5 years after the day it is recorded.\nMaximum penalty—20 penalty units.\n(sec.81-ssec.1) This section applies if a person is required to record or keep information to comply with a requirement under this regulation.\n(sec.81-ssec.2) The person must ensure the information— is readily retrievable; and can not be altered, obliterated, deleted or removed without detection; and is kept for 5 years after the day it is recorded. Maximum penalty—20 penalty units.\n- (a) is readily retrievable; and\n- (b) can not be altered, obliterated, deleted or removed without detection; and\n- (c) is kept for 5 years after the day it is recorded.","sortOrder":106},{"sectionNumber":"ch.6-pt.1","sectionType":"part","heading":"Administration by chief executive","content":"# Administration by chief executive","sortOrder":107},{"sectionNumber":"sec.82","sectionType":"section","heading":"Chief executive may approve alternative ways of labelling or packaging poisons","content":"### sec.82 Chief executive may approve alternative ways of labelling or packaging poisons\n\nThe chief executive may approve a way (an alternative way ) of labelling or packaging a poison that is different to the Poisons Standard.\nHowever, the chief executive may approve the alternative way only if the chief executive is satisfied the alternative way is unlikely to adversely affect public safety.\nFor subsection (2) , the chief executive must have regard to the nature of the poison and the purpose for which the poison is commonly used or intended to be used.\nThe chief executive must publish, on the department’s website, a notice stating—\nthe requirements of the alternative way; and\nthe day, no earlier than the day the notice is published, that the approval of the alternative way takes effect; and\nthe period, if any, for which the approval of the alternative way has effect.\nSubsection (6) applies if an appropriate authority, for a purpose or in another State, has authorised (whether by approval, exemption or some other way) another way to label or package a poison for the purpose or other State.\nSee the Poisons Standard, part 1 for the definition appropriate authority .\nTo the extent authorised by the appropriate authority, the other way is taken to be an alternative way approved under this section, unless the chief executive publishes a notice on the department’s website stating the other way is not approved for Queensland.\n(sec.82-ssec.1) The chief executive may approve a way (an alternative way ) of labelling or packaging a poison that is different to the Poisons Standard.\n(sec.82-ssec.2) However, the chief executive may approve the alternative way only if the chief executive is satisfied the alternative way is unlikely to adversely affect public safety.\n(sec.82-ssec.3) For subsection (2) , the chief executive must have regard to the nature of the poison and the purpose for which the poison is commonly used or intended to be used.\n(sec.82-ssec.4) The chief executive must publish, on the department’s website, a notice stating— the requirements of the alternative way; and the day, no earlier than the day the notice is published, that the approval of the alternative way takes effect; and the period, if any, for which the approval of the alternative way has effect.\n(sec.82-ssec.5) Subsection (6) applies if an appropriate authority, for a purpose or in another State, has authorised (whether by approval, exemption or some other way) another way to label or package a poison for the purpose or other State. See the Poisons Standard, part 1 for the definition appropriate authority .\n(sec.82-ssec.6) To the extent authorised by the appropriate authority, the other way is taken to be an alternative way approved under this section, unless the chief executive publishes a notice on the department’s website stating the other way is not approved for Queensland.\n- (a) the requirements of the alternative way; and\n- (b) the day, no earlier than the day the notice is published, that the approval of the alternative way takes effect; and\n- (c) the period, if any, for which the approval of the alternative way has effect.","sortOrder":108},{"sectionNumber":"sec.83","sectionType":"section","heading":"Replacing lost, stolen or damaged hard copy substance authorities","content":"### sec.83 Replacing lost, stolen or damaged hard copy substance authorities\n\nThis section applies if the chief executive has given a person a hard copy document evidencing a substance authority for a dealing with a regulated poison.\nThe person may apply to the chief executive for a replacement of the document if the document is lost, stolen or damaged.\nThe application must be—\nmade in the approved form; and\naccompanied by the fee stated in schedule 6 .\n(sec.83-ssec.1) This section applies if the chief executive has given a person a hard copy document evidencing a substance authority for a dealing with a regulated poison.\n(sec.83-ssec.2) The person may apply to the chief executive for a replacement of the document if the document is lost, stolen or damaged.\n(sec.83-ssec.3) The application must be— made in the approved form; and accompanied by the fee stated in schedule 6 .\n- (a) made in the approved form; and\n- (b) accompanied by the fee stated in schedule 6 .","sortOrder":109},{"sectionNumber":"ch.6-pt.2","sectionType":"part","heading":"Fees","content":"# Fees","sortOrder":110},{"sectionNumber":"ch.6-pt.2-div.1","sectionType":"division","heading":"General","content":"## General","sortOrder":111},{"sectionNumber":"sec.84","sectionType":"section","heading":"Definitions for part and schedule 6","content":"### sec.84 Definitions for part and schedule 6\n\nIn this part and schedule 6 —\nlicensing fee means a fee for an application relating to a substance authority stated in schedule 6 , items 1 to 6.\nsite , for a substance authority, means a place at which a dealing with a regulated poison is, or is proposed to be, carried out under the authority.","sortOrder":112},{"sectionNumber":"sec.85","sectionType":"section","heading":"Fees payable generally","content":"### sec.85 Fees payable generally\n\nThe fees payable under the Act in relation to a substance authority for a dealing with a regulated poison are stated in schedule 6 .\nA licensing fee for a substance authority is payable for each site for the authority for each year of the term of the authority.\nHowever, for any part of the term of a substance authority that is not a full year, the licensing fee payable in relation to that part of the term is the proportion of the licensing fee attributable to the number of months, rounded up to whole months, of that year that are in the term.\n(sec.85-ssec.1) The fees payable under the Act in relation to a substance authority for a dealing with a regulated poison are stated in schedule 6 .\n(sec.85-ssec.2) A licensing fee for a substance authority is payable for each site for the authority for each year of the term of the authority.\n(sec.85-ssec.3) However, for any part of the term of a substance authority that is not a full year, the licensing fee payable in relation to that part of the term is the proportion of the licensing fee attributable to the number of months, rounded up to whole months, of that year that are in the term.","sortOrder":113},{"sectionNumber":"ch.6-pt.2-div.2","sectionType":"division","heading":"Exemptions","content":"## Exemptions","sortOrder":114},{"sectionNumber":"sec.86","sectionType":"section","heading":"Manufacturing licence for hazardous poisons","content":"### sec.86 Manufacturing licence for hazardous poisons\n\nNo licensing fee is payable for an initial application or renewal application for a manufacturing licence for a hazardous poison (each a later application ) if—\nan initial application or renewal application for a manufacturing licence for an S4 medicine (each a first application ) has been made, and not withdrawn or refused, under the Medicines and Poisons (Medicines) Regulation 2021 ; and\nthe site the subject of the later application is the same as the site the subject of the first application; and\nthe term proposed for the later application ends no later than the last month of—\nthe term proposed for the first application; or\nif the chief executive has granted the first application—the term of the substance authority granted on the first application; and\nall fees payable under the Act for the first application have been paid.\n- (a) an initial application or renewal application for a manufacturing licence for an S4 medicine (each a first application ) has been made, and not withdrawn or refused, under the Medicines and Poisons (Medicines) Regulation 2021 ; and\n- (b) the site the subject of the later application is the same as the site the subject of the first application; and\n- (c) the term proposed for the later application ends no later than the last month of— (i) the term proposed for the first application; or (ii) if the chief executive has granted the first application—the term of the substance authority granted on the first application; and\n- (i) the term proposed for the first application; or\n- (ii) if the chief executive has granted the first application—the term of the substance authority granted on the first application; and\n- (d) all fees payable under the Act for the first application have been paid.\n- (i) the term proposed for the first application; or\n- (ii) if the chief executive has granted the first application—the term of the substance authority granted on the first application; and","sortOrder":115},{"sectionNumber":"sec.87","sectionType":"section","heading":"Wholesale licence for hazardous poisons","content":"### sec.87 Wholesale licence for hazardous poisons\n\nNo licensing fee is payable for an initial application or renewal application for a wholesale licence for a hazardous poison (each a later application ) if—\nan initial application or renewal application for a manufacturing licence or wholesale licence for an S4 medicine, or a manufacturing licence for an S8 medicine, (each a first application ) has been made, and not withdrawn or refused, under the Medicines and Poisons (Medicines) Regulation 2021 ; and\nthe site the subject of the later application is the same as the site the subject of the first application; and\nthe term proposed for the later application ends no later than the last month of—\nthe term proposed for the first application; or\nif the chief executive has granted the first application—the term of the substance authority granted on the first application; and\nall fees payable under the Act for the first application have been paid.\n- (a) an initial application or renewal application for a manufacturing licence or wholesale licence for an S4 medicine, or a manufacturing licence for an S8 medicine, (each a first application ) has been made, and not withdrawn or refused, under the Medicines and Poisons (Medicines) Regulation 2021 ; and\n- (b) the site the subject of the later application is the same as the site the subject of the first application; and\n- (c) the term proposed for the later application ends no later than the last month of— (i) the term proposed for the first application; or (ii) if the chief executive has granted the first application—the term of the substance authority granted on the first application; and\n- (i) the term proposed for the first application; or\n- (ii) if the chief executive has granted the first application—the term of the substance authority granted on the first application; and\n- (d) all fees payable under the Act for the first application have been paid.\n- (i) the term proposed for the first application; or\n- (ii) if the chief executive has granted the first application—the term of the substance authority granted on the first application; and","sortOrder":116},{"sectionNumber":"ch.6-pt.2-div.3","sectionType":"division","heading":"Refunds","content":"## Refunds","sortOrder":117},{"sectionNumber":"sec.88","sectionType":"section","heading":"Rejected or withdrawn application","content":"### sec.88 Rejected or withdrawn application\n\nThis section applies if—\nan applicant has paid the licensing fee for an application for a substance authority for a hazardous poison; and\nthe application is refused by the chief executive or withdrawn by the applicant.\nThe chief executive must refund the applicant the licensing fee for the application.\n(sec.88-ssec.1) This section applies if— an applicant has paid the licensing fee for an application for a substance authority for a hazardous poison; and the application is refused by the chief executive or withdrawn by the applicant.\n(sec.88-ssec.2) The chief executive must refund the applicant the licensing fee for the application.\n- (a) an applicant has paid the licensing fee for an application for a substance authority for a hazardous poison; and\n- (b) the application is refused by the chief executive or withdrawn by the applicant.","sortOrder":118},{"sectionNumber":"sec.89","sectionType":"section","heading":"Authority granted for shorter term","content":"### sec.89 Authority granted for shorter term\n\nThis section applies if—\nan applicant has paid the licensing fee for an application for a substance authority for a hazardous poison for a particular term (the proposed term ); and\nthe application is granted for a period (the granted term ) that is shorter than the proposed term.\nThe chief executive must refund the applicant the amount that is the proportion of the paid licensing fee attributable to the number of months, rounded up to whole months, that is the difference between the proposed term and granted term.\nNo refund is payable if the amount under subsection (2) is zero or less than zero.\n(sec.89-ssec.1) This section applies if— an applicant has paid the licensing fee for an application for a substance authority for a hazardous poison for a particular term (the proposed term ); and the application is granted for a period (the granted term ) that is shorter than the proposed term.\n(sec.89-ssec.2) The chief executive must refund the applicant the amount that is the proportion of the paid licensing fee attributable to the number of months, rounded up to whole months, that is the difference between the proposed term and granted term.\n(sec.89-ssec.3) No refund is payable if the amount under subsection (2) is zero or less than zero.\n- (a) an applicant has paid the licensing fee for an application for a substance authority for a hazardous poison for a particular term (the proposed term ); and\n- (b) the application is granted for a period (the granted term ) that is shorter than the proposed term.","sortOrder":119},{"sectionNumber":"sec.90","sectionType":"section","heading":"Surrender of authority","content":"### sec.90 Surrender of authority\n\nThis section applies if—\nthe holder of a substance authority for a hazardous poison paid the licensing fee for an application for the authority for a particular term (the granted term ); and\nthe substance authority is surrendered before the end of the granted term.\nThe chief executive must refund the applicant the amount that is the proportion of the paid licensing fee attributable to the number of months, rounded up to whole months, remaining in the granted term after the surrender.\nNo refund is payable if the amount under subsection (2) is zero or less than zero.\n(sec.90-ssec.1) This section applies if— the holder of a substance authority for a hazardous poison paid the licensing fee for an application for the authority for a particular term (the granted term ); and the substance authority is surrendered before the end of the granted term.\n(sec.90-ssec.2) The chief executive must refund the applicant the amount that is the proportion of the paid licensing fee attributable to the number of months, rounded up to whole months, remaining in the granted term after the surrender.\n(sec.90-ssec.3) No refund is payable if the amount under subsection (2) is zero or less than zero.\n- (a) the holder of a substance authority for a hazardous poison paid the licensing fee for an application for the authority for a particular term (the granted term ); and\n- (b) the substance authority is surrendered before the end of the granted term.","sortOrder":120},{"sectionNumber":"ch.7-pt.1","sectionType":"part","heading":"Transitional provisions for SL No. 141 of 2021","content":"# Transitional provisions for SL No. 141 of 2021","sortOrder":121},{"sectionNumber":"sec.91","sectionType":"section","heading":"Certified way of packaging","content":"### sec.91 Certified way of packaging\n\nThis section applies if—\nthe chief executive certified a container for packing a poison under the repealed Health (Drugs and Poisons) Regulation 1996 , section 10 (3) ; and\nthe certification was in effect immediately before the commencement.\nThe certification is taken to be an alternative way for packaging the poison approved under section 82 until—\nif an expiry day is stated in the certification—the stated day; or\notherwise—the day that is 1 year after the commencement.\n(sec.91-ssec.1) This section applies if— the chief executive certified a container for packing a poison under the repealed Health (Drugs and Poisons) Regulation 1996 , section 10 (3) ; and the certification was in effect immediately before the commencement.\n(sec.91-ssec.2) The certification is taken to be an alternative way for packaging the poison approved under section 82 until— if an expiry day is stated in the certification—the stated day; or otherwise—the day that is 1 year after the commencement.\n- (a) the chief executive certified a container for packing a poison under the repealed Health (Drugs and Poisons) Regulation 1996 , section 10 (3) ; and\n- (b) the certification was in effect immediately before the commencement.\n- (a) if an expiry day is stated in the certification—the stated day; or\n- (b) otherwise—the day that is 1 year after the commencement.","sortOrder":122},{"sectionNumber":"sec.92","sectionType":"section","heading":"Certified way of labelling","content":"### sec.92 Certified way of labelling\n\nThis section applies if—\nthe chief executive certified an alternative way of labelling a package for a poison under the repealed Health (Drugs and Poisons) Regulation 1996 , section 11 (3) ; and\nthe certification was in effect immediately before the commencement.\nThe certification is taken to be an alternative way of labelling a package for the poison approved under section 82 until—\nif an expiry day is stated in the certification—the stated day; or\notherwise—the day that is 1 year after the commencement.\n(sec.92-ssec.1) This section applies if— the chief executive certified an alternative way of labelling a package for a poison under the repealed Health (Drugs and Poisons) Regulation 1996 , section 11 (3) ; and the certification was in effect immediately before the commencement.\n(sec.92-ssec.2) The certification is taken to be an alternative way of labelling a package for the poison approved under section 82 until— if an expiry day is stated in the certification—the stated day; or otherwise—the day that is 1 year after the commencement.\n- (a) the chief executive certified an alternative way of labelling a package for a poison under the repealed Health (Drugs and Poisons) Regulation 1996 , section 11 (3) ; and\n- (b) the certification was in effect immediately before the commencement.\n- (a) if an expiry day is stated in the certification—the stated day; or\n- (b) otherwise—the day that is 1 year after the commencement.","sortOrder":123},{"sectionNumber":"ch.7-pt.2","sectionType":"part","heading":"Transitional provision for Health Legislation Amendment Regulation (No. 2) 2025","content":"# Transitional provision for Health Legislation Amendment Regulation (No. 2) 2025","sortOrder":124},{"sectionNumber":"sec.93","sectionType":"section","heading":"Application of amended schedule 6, items 7 and 8 from 27 September 2021","content":"### sec.93 Application of amended schedule 6, items 7 and 8 from 27 September 2021\n\nAmended schedule 6, items 7 and 8 are taken to have applied from 27 September 2021.\nThis regulation commenced on 27 September 2021.\nIn this section—\namended , in relation to a provision of this regulation, means the provision as amended by the Health Legislation Amendment Regulation (No. 2) 2025 .\ns 93 ins 2025 SL No. 151 s 12\n(sec.93-ssec.1) Amended schedule 6, items 7 and 8 are taken to have applied from 27 September 2021. This regulation commenced on 27 September 2021.\n(sec.93-ssec.2) In this section— amended , in relation to a provision of this regulation, means the provision as amended by the Health Legislation Amendment Regulation (No. 2) 2025 .","sortOrder":125},{"sectionNumber":"sch.2-pt.1","sectionType":"part","heading":"Aerial distributors","content":"# Aerial distributors","sortOrder":126},{"sectionNumber":"sch.2-pt.1-div.1","sectionType":"division","heading":"Commercial pilots","content":"## Commercial pilots","sortOrder":127},{"sectionNumber":"sch.2-sec.1","sectionType":"section","heading":"Class of person","content":"### sch.2-sec.1 Class of person\n\nA person who—\nholds a commercial pilot licence issued by CASA that is endorsed with an aerial application rating; and\nhas spraysafe accreditation issued by the Aerial Application Association of Australia Ltd; and\nis employed to aerially distribute a poison.\n- (a) holds a commercial pilot licence issued by CASA that is endorsed with an aerial application rating; and\n- (b) has spraysafe accreditation issued by the Aerial Application Association of Australia Ltd; and\n- (c) is employed to aerially distribute a poison.","sortOrder":128},{"sectionNumber":"sch.2-sec.2","sectionType":"section","heading":"Dealing authorised","content":"### sch.2-sec.2 Dealing authorised\n\nColumn 1 Dealing\nColumn 2\nRegulated poison\nColumn 3\nScope of dealing\n1\npossess\na low-risk fluoroacetic acid bait\n2\napply\na low-risk fluoroacetic acid bait\nthe poison is applied by aerial distribution\n3\ndispose\nwaste from a low-risk fluoroacetic acid bait","sortOrder":129},{"sectionNumber":"sch.2-pt.1-div.2","sectionType":"division","heading":"Pilots of remotely piloted aircraft","content":"## Pilots of remotely piloted aircraft","sortOrder":130},{"sectionNumber":"sch.2-sec.3","sectionType":"section","heading":"Class of person","content":"### sch.2-sec.3 Class of person\n\nA person who—\nholds a remote pilot licence issued by CASA; and\nhas—\na chemical competency certificate; or\nspraysafe accreditation issued by the Aerial Application Association of Australia Ltd; and\nis employed to aerially distribute a poison.\n- (a) holds a remote pilot licence issued by CASA; and\n- (b) has— (i) a chemical competency certificate; or (ii) spraysafe accreditation issued by the Aerial Application Association of Australia Ltd; and\n- (i) a chemical competency certificate; or\n- (ii) spraysafe accreditation issued by the Aerial Application Association of Australia Ltd; and\n- (c) is employed to aerially distribute a poison.\n- (i) a chemical competency certificate; or\n- (ii) spraysafe accreditation issued by the Aerial Application Association of Australia Ltd; and","sortOrder":131},{"sectionNumber":"sch.2-sec.4","sectionType":"section","heading":"Dealing authorised","content":"### sch.2-sec.4 Dealing authorised\n\nColumn 1 Dealing\nColumn 2\nRegulated poison\nColumn 3\nScope of dealing\n1\npossess\na low-risk fluoroacetic acid bait\n2\napply\na low-risk fluoroacetic acid bait\nthe poison is applied by aerial distribution\n3\ndispose\nwaste from a low-risk fluoroacetic acid bait","sortOrder":132},{"sectionNumber":"sch.2-pt.1-div.3","sectionType":"division","heading":"Aerial operators","content":"## Aerial operators","sortOrder":133},{"sectionNumber":"sch.2-sec.5","sectionType":"section","heading":"Class of person","content":"### sch.2-sec.5 Class of person\n\nA person who—\nholds an air operator’s certificate issued by CASA that is endorsed with an aerial application rating; and\nis employed to aerially distribute a poison.\n- (a) holds an air operator’s certificate issued by CASA that is endorsed with an aerial application rating; and\n- (b) is employed to aerially distribute a poison.","sortOrder":134},{"sectionNumber":"sch.2-sec.6","sectionType":"section","heading":"Dealing authorised","content":"### sch.2-sec.6 Dealing authorised\n\nColumn 1 Dealing\nColumn 2\nRegulated poison\nColumn 3\nScope of dealing\n1\nbuy\na low-risk fluoroacetic acid bait\nthe poison is bought for aerial distribution\n2\npossess\na low-risk fluoroacetic acid bait\n3\nsupply\na low-risk fluoroacetic acid bait\nthe poison is supplied to a person authorised to apply the poison by aerial distribution\n4\ndispose\nwaste from a low-risk fluoroacetic acid bait","sortOrder":135},{"sectionNumber":"sch.2-pt.1-div.4","sectionType":"division","heading":"Operators of remotely piloted aircraft","content":"## Operators of remotely piloted aircraft","sortOrder":136},{"sectionNumber":"sch.2-sec.7","sectionType":"section","heading":"Class of person","content":"### sch.2-sec.7 Class of person\n\nA person who—\nholds a remotely piloted aircraft operator’s certificate issued by CASA; and\nis employed to aerially distribute a poison.\n- (a) holds a remotely piloted aircraft operator’s certificate issued by CASA; and\n- (b) is employed to aerially distribute a poison.","sortOrder":137},{"sectionNumber":"sch.2-sec.8","sectionType":"section","heading":"Dealing authorised","content":"### sch.2-sec.8 Dealing authorised\n\nColumn 1 Dealing\nColumn 2\nRegulated poison\nColumn 3\nScope of dealing\n1\nbuy\na low-risk fluoroacetic acid bait\nthe poison is bought for aerial distribution\n2\npossess\na low-risk fluoroacetic acid bait\n3\nsupply\na low-risk fluoroacetic acid bait\nthe poison is supplied to a person authorised to apply the poison by aerial distribution\n4\ndispose\nwaste from a low-risk fluoroacetic acid bait","sortOrder":138},{"sectionNumber":"sch.2-pt.2","sectionType":"part","heading":"Carriers","content":"# Carriers","sortOrder":139},{"sectionNumber":"sch.2-sec.9","sectionType":"section","heading":"Class of person","content":"### sch.2-sec.9 Class of person\n\nA person who is engaged to deliver a regulated poison by another person who is authorised under the Act , or permitted under a corresponding law or another law, to supply the poison.","sortOrder":140},{"sectionNumber":"sch.2-sec.10","sectionType":"section","heading":"Dealing authorised","content":"### sch.2-sec.10 Dealing authorised\n\nColumn 1\nDealing\nColumn 2\nRegulated poison\nColumn 3\nScope of dealing\n1\npossess\na regulated poison\nthe poison is possessed for the purposes of delivering the poison under any conditions applying in relation to the supply of the poison","sortOrder":141},{"sectionNumber":"sch.2-pt.3","sectionType":"part","heading":"Invasive animal controllers","content":"# Invasive animal controllers","sortOrder":142},{"sectionNumber":"sch.2-pt.3-div.1","sectionType":"division","heading":"Biosecurity officers","content":"## Biosecurity officers","sortOrder":143},{"sectionNumber":"sch.2-sec.11","sectionType":"section","heading":"Class of person","content":"### sch.2-sec.11 Class of person\n\nAn authorised officer under the Biosecurity Act 2014 who has a baiting competency certificate.","sortOrder":144},{"sectionNumber":"sch.2-sec.12","sectionType":"section","heading":"Dealing authorised","content":"### sch.2-sec.12 Dealing authorised\n\nColumn 1 Dealing\nColumn 2\nRegulated poison\nColumn 3\nScope of dealing\n1\nmanufacture\na low-risk fluoroacetic acid bait\nthe poison is manufactured—\nin accordance with the approved label of the fluoroacetic acid contained in the bait; and\nfor immediate use by another person to control an invasive animal on the person’s land or premises\n2\npossess\na low-risk fluoroacetic acid bait\nthe poison is possessed to control an invasive animal\n3\nsupply\na low-risk fluoroacetic acid bait\nthe poison is supplied to another person to control an invasive animal on the person’s land or premises; and\nthe authorised officer is satisfied the health risk to a person or an animal, other than an invasive animal to be controlled, in relation to the application of the poison supplied is likely to be low or negligible\n4\napply\na low-risk fluoroacetic acid bait\nthe poison is applied to control an invasive animal\n5\ndispose\nwaste from a low-risk fluoroacetic acid bait\nsch 2 s 12 sub 2023 SL No. 162 s 17 (1)","sortOrder":145},{"sectionNumber":"sch.2-pt.3-div.2","sectionType":"division","heading":"Nature conservation officers","content":"## Nature conservation officers","sortOrder":146},{"sectionNumber":"sch.2-sec.13","sectionType":"section","heading":"Class of person","content":"### sch.2-sec.13 Class of person\n\nAn authorised person under the Nature Conservation Act 1992 who has a baiting competency certificate.","sortOrder":147},{"sectionNumber":"sch.2-sec.14","sectionType":"section","heading":"Dealing authorised","content":"### sch.2-sec.14 Dealing authorised\n\nColumn 1 Dealing\nColumn 2\nRegulated poison\nColumn 3\nScope of dealing\n1\nmanufacture\na low-risk fluoroacetic acid bait\nthe poison is manufactured—\nin accordance with the approved label of the fluoroacetic acid contained in the bait; and\nfor immediate use by another person to control an invasive animal on the person’s land or premises\n2\npossess\na low-risk fluoroacetic acid bait\nthe poison is possessed to control an invasive animal\n3\nsupply\na low-risk fluoroacetic acid bait\nthe poison is supplied to another person to control an invasive animal on the person’s land or premises; and\nthe authorised officer is satisfied the health risk to a person or an animal, other than an invasive animal to be controlled, in relation to the application of the poison supplied is likely to be low or negligible\n4\napply\na low-risk fluoroacetic acid bait\nthe poison is applied to control an invasive animal\n5\ndispose\nwaste from a low-risk fluoroacetic acid bait\nsch 2 s 14 sub 2023 SL No. 162 s 17 (2)","sortOrder":148},{"sectionNumber":"sch.2-pt.3-div.3","sectionType":"division","heading":"Rural landholders and their adult employees and agents","content":"## Rural landholders and their adult employees and agents","sortOrder":149},{"sectionNumber":"sch.2-sec.15","sectionType":"section","heading":"Class of person","content":"### sch.2-sec.15 Class of person\n\nA person who is the owner or occupier of land or premises in a rural area.","sortOrder":150},{"sectionNumber":"sch.2-sec.16","sectionType":"section","heading":"Dealing authorised","content":"### sch.2-sec.16 Dealing authorised\n\nColumn 1 Dealing\nColumn 2\nRegulated poison\nColumn 3\nScope of dealing\n1\npossess\na low-risk fluoroacetic acid bait\nthe poison is supplied by an approved person under division 1 or 2 , and is possessed to control an invasive animal\n2\napply\na low-risk fluoroacetic acid bait\nthe poison is supplied by an approved person under division 1 or 2 , and is applied to control an invasive animal\n3\ndispose\nwaste from a low-risk fluoroacetic acid bait","sortOrder":151},{"sectionNumber":"sch.2-sec.17","sectionType":"section","heading":"Class of person","content":"### sch.2-sec.17 Class of person\n\nAn adult who is employed by, or acting as an agent for, a person mentioned in section 15 (the landholder ).","sortOrder":152},{"sectionNumber":"sch.2-sec.18","sectionType":"section","heading":"Dealing authorised","content":"### sch.2-sec.18 Dealing authorised\n\nColumn 1 Dealing\nColumn 2\nRegulated poison\nColumn 3\nScope of dealing\n1\npossess\na low-risk fluoroacetic acid bait\nthe poison is supplied to the landholder by an approved person under division 1 or 2 , and is possessed to control an invasive animal\n2\napply\na low-risk fluoroacetic acid bait\nthe poison is supplied to the landholder by an approved person under division 1 or 2 , and is applied to control an invasive animal\n3\ndispose\nwaste from a low-risk fluoroacetic acid bait","sortOrder":153},{"sectionNumber":"sch.2-pt.3-div.4","sectionType":"division","heading":"Primary producers","content":"## Primary producers","sortOrder":154},{"sectionNumber":"sch.2-sec.18A","sectionType":"section","heading":"Class of person","content":"### sch.2-sec.18A Class of person\n\nA person (a primary producer ) who commercially produces agricultural or horticultural products.\nsch 2 s 18A ins 2023 SL No. 162 s 17 (3)","sortOrder":155},{"sectionNumber":"sch.2-sec.18B","sectionType":"section","heading":"Dealing authorised","content":"### sch.2-sec.18B Dealing authorised\n\nColumn 1 Dealing\nColumn 2\nRegulated poison\nColumn 3\nScope of dealing\n1\npossess\na gaseous poison\nthe poison is possessed to control a burrowing invasive animal\n2\napply\na gaseous poison\nthe poison is applied to control a burrowing invasive animal\n3\ndispose\na gaseous poison\nsch 2 s 18B ins 2023 SL No. 162 s 17 (3)","sortOrder":156},{"sectionNumber":"sch.2-pt.3-div.5","sectionType":"division","heading":"Persons with particular competencies","content":"## Persons with particular competencies","sortOrder":157},{"sectionNumber":"sch.2-sec.18C","sectionType":"section","heading":"Class of person","content":"### sch.2-sec.18C Class of person\n\nA person who has a burrowing invasive animal competency certificate.\nsch 2 s 18C ins 2023 SL No. 162 s 17 (3)","sortOrder":158},{"sectionNumber":"sch.2-sec.18D","sectionType":"section","heading":"Dealing authorised","content":"### sch.2-sec.18D Dealing authorised\n\nColumn 1 Dealing\nColumn 2\nRegulated poison\nColumn 3\nScope of dealing\n1\npossess\na gaseous poison\nthe poison is possessed to control a burrowing invasive animal\n2\napply\na gaseous poison\nthe poison is applied to control a burrowing invasive animal\n3\ndispose\na gaseous poison\nsch 2 s 18D ins 2023 SL No. 162 s 17 (3)","sortOrder":159},{"sectionNumber":"sch.2-pt.4","sectionType":"part","heading":"Local governments and their employees","content":"# Local governments and their employees","sortOrder":160},{"sectionNumber":"sch.2-pt.4-div.1","sectionType":"division","heading":"Local government","content":"## Local government","sortOrder":161},{"sectionNumber":"sch.2-sec.19","sectionType":"section","heading":"Class of person","content":"### sch.2-sec.19 Class of person\n\nA local government or the chief executive officer of a local government.","sortOrder":162},{"sectionNumber":"sch.2-sec.20","sectionType":"section","heading":"Dealing authorised","content":"### sch.2-sec.20 Dealing authorised\n\nColumn 1 Dealing\nColumn 2\nRegulated poison\nColumn 3\nScope of dealing\n1\npossess\na non-restricted S7 substance\n2\nsupply\na non-restricted S7 substance\nthe poison is supplied—\nin the course of providing a service to the public; or\nto an owner or occupier of land for managing weeds or vegetation on the land\n3\ndispose\nwaste from a non-restricted S7 substance","sortOrder":163},{"sectionNumber":"sch.2-pt.4-div.2","sectionType":"division","heading":"Local government employees","content":"## Local government employees","sortOrder":164},{"sectionNumber":"sch.2-sec.21","sectionType":"section","heading":"Class of person","content":"### sch.2-sec.21 Class of person\n\nA person who is employed by a local government.","sortOrder":165},{"sectionNumber":"sch.2-sec.22","sectionType":"section","heading":"Dealing authorised","content":"### sch.2-sec.22 Dealing authorised\n\nColumn 1 Dealing\nColumn 2\nRegulated poison\nColumn 3\nScope of dealing\n1\npossess\na non-restricted S7 substance\n2\nsupply\na non-restricted S7 substance\nthe poison is supplied—\nin the course of providing a service to the public; or\nto an owner or occupier of land for managing weeds or vegetation on the land\n3\ndispose\nwaste from a non-restricted S7 substance","sortOrder":166},{"sectionNumber":"sch.2-pt.5","sectionType":"part","heading":"Pest management service providers","content":"# Pest management service providers","sortOrder":167},{"sectionNumber":"sch.2-pt.5-div.1","sectionType":"division","heading":"Business owners","content":"## Business owners","sortOrder":168},{"sectionNumber":"sch.2-sec.23","sectionType":"section","heading":"Class of person","content":"### sch.2-sec.23 Class of person\n\nA business operator under the Medicines and Poisons (Pest Management Activities) Regulation 2021 .","sortOrder":169},{"sectionNumber":"sch.2-sec.24","sectionType":"section","heading":"Dealing authorised","content":"### sch.2-sec.24 Dealing authorised\n\nColumn 1 Dealing\nColumn 2\nRegulated poison\nColumn 3\nScope of dealing\n1\nbuy\nan S7 substance\nthe poison is bought for the operator’s pest management business\n2\npossess\nan S7 substance\nthe poison is possessed for the operator’s pest management business","sortOrder":170},{"sectionNumber":"sch.2-pt.5-div.2","sectionType":"division","heading":"Qualified persons","content":"## Qualified persons","sortOrder":171},{"sectionNumber":"sch.2-sec.25","sectionType":"section","heading":"Class of person","content":"### sch.2-sec.25 Class of person\n\nA qualified person under the Medicines and Poisons (Pest Management Activities) Regulation 2021 .","sortOrder":172},{"sectionNumber":"sch.2-sec.26","sectionType":"section","heading":"Dealing authorised","content":"### sch.2-sec.26 Dealing authorised\n\nColumn 1 Dealing\nColumn 2\nRegulated poison\nColumn 3\nScope of dealing\n1\nbuy\nan S7 substance\nthe poison is bought for carrying out a pest management activity for which the qualified person is authorised under the Act\n2\npossess\nan S7 substance\nthe poison is possessed for carrying out a pest management activity for which the qualified person is authorised under the Act","sortOrder":173},{"sectionNumber":"sch.2-pt.6","sectionType":"part","heading":"Pharmaceutical professions","content":"# Pharmaceutical professions","sortOrder":174},{"sectionNumber":"sch.2-pt.6-div.1","sectionType":"division","heading":"Pharmacists","content":"## Pharmacists","sortOrder":175},{"sectionNumber":"sch.2-sec.27","sectionType":"section","heading":"Class of person","content":"### sch.2-sec.27 Class of person\n\nA pharmacist who owns, or is an employee of, a community pharmacy.","sortOrder":176},{"sectionNumber":"sch.2-sec.28","sectionType":"section","heading":"Dealing authorised","content":"### sch.2-sec.28 Dealing authorised\n\nColumn 1 Dealing\nColumn 2\nRegulated poison\nColumn 3\nScope of dealing\n1\nbuy\na non-restricted S7 substance, cyanide or strychnine\n2\npossess\na non-restricted S7 substance, cyanide or strychnine\n3\nsupply\na non-restricted S7 substance, cyanide or strychnine\n4\ndispose\nwaste from a non-restricted S7 substance, cyanide or strychnine","sortOrder":177},{"sectionNumber":"sch.2-pt.6-div.2","sectionType":"division","heading":"Other employees of community pharmacies","content":"## Other employees of community pharmacies","sortOrder":178},{"sectionNumber":"sch.2-sec.29","sectionType":"section","heading":"Class of person","content":"### sch.2-sec.29 Class of person\n\nA person, other than a pharmacist, who is an employee of a community pharmacy.","sortOrder":179},{"sectionNumber":"sch.2-sec.30","sectionType":"section","heading":"Dealing authorised","content":"### sch.2-sec.30 Dealing authorised\n\nColumn 1 Dealing\nColumn 2\nRegulated poison\nColumn 3\nScope of dealing\n1\npossess\na non-restricted S7 substance, cyanide or strychnine\n2\nsupply\na non-restricted S7 substance, cyanide or strychnine\nthe poison is supplied under the supervision of a pharmacist at the premises of the community pharmacy","sortOrder":180},{"sectionNumber":"sch.2-pt.7","sectionType":"part","heading":"Suppliers from other jurisdictions","content":"# Suppliers from other jurisdictions","sortOrder":181},{"sectionNumber":"sch.2-sec.31","sectionType":"section","heading":"Class of person","content":"### sch.2-sec.31 Class of person\n\nA person who is permitted under a corresponding law to supply a regulated poison, whether by wholesale or retail.","sortOrder":182},{"sectionNumber":"sch.2-sec.32","sectionType":"section","heading":"Dealing authorised","content":"### sch.2-sec.32 Dealing authorised\n\nColumn 1 Dealing\nColumn 2\nRegulated poison\nColumn 3\nScope of dealing\n1\nsupply\na regulated poison\nthe poison is supplied in compliance with any conditions of the person’s permission under the corresponding law; and\nthe person arranges the delivery of the poison only to someone within Queensland who is authorised, or for whom it is not unlawful, to buy the poison; and\nthe person does not—\npossess the poison by storing it at a place in Queensland; or\narrange for the poison to be collected from a storage facility located in Queensland; and\nthe supply is not otherwise authorised under section 50 of the Act","sortOrder":183},{"sectionNumber":"sch.2-pt.8","sectionType":"part","heading":"Veterinary professions","content":"# Veterinary professions","sortOrder":184},{"sectionNumber":"sch.2-pt.8-div.1","sectionType":"division","heading":"Veterinary surgeons","content":"## Veterinary surgeons","sortOrder":185},{"sectionNumber":"sch.2-sec.33","sectionType":"section","heading":"Class of person","content":"### sch.2-sec.33 Class of person\n\nA veterinary surgeon.","sortOrder":186},{"sectionNumber":"sch.2-sec.34","sectionType":"section","heading":"Dealing authorised","content":"### sch.2-sec.34 Dealing authorised\n\nColumn 1 Dealing\nColumn 2\nRegulated poison\nColumn 3\nScope of dealing\n1\nbuy\na non-restricted S7 substance\nthe poison is bought for animal treatment\n2\npossess\na non-restricted S7 substance\n3\nsupply\na non-restricted S7 substance\nthe poison is supplied for animal treatment\n4\napply\na non-restricted S7 substance\nthe poison is applied for animal treatment\n5\ndispose\nwaste from a non-restricted S7 substance","sortOrder":187},{"sectionNumber":"sch.2-pt.8-div.2","sectionType":"division","heading":"Employees at veterinary premises","content":"## Employees at veterinary premises","sortOrder":188},{"sectionNumber":"sch.2-sec.35","sectionType":"section","heading":"Class of person","content":"### sch.2-sec.35 Class of person\n\nA person who is employed at veterinary premises under the Veterinary Surgeons Act 1936 .","sortOrder":189},{"sectionNumber":"sch.2-sec.36","sectionType":"section","heading":"Dealing authorised","content":"### sch.2-sec.36 Dealing authorised\n\nColumn 1 Dealing\nColumn 2\nRegulated poison\nColumn 3\nScope of dealing\n1\npossess\na non-restricted S7 substance\nthe poison is possessed for animal treatment under the supervision of a veterinary surgeon at the veterinary premises\n2\nsupply\na non-restricted S7 substance\nthe poison is supplied for animal treatment under the supervision of a veterinary surgeon at the veterinary premises\n3\napply\na non-restricted S7 substance\nthe poison is applied for animal treatment under the supervision of a veterinary surgeon at the veterinary premises\n4\ndispose\nwaste from a non-restricted S7 substance\nthe waste is disposed of under the supervision of a veterinary surgeon at the veterinary premises","sortOrder":190}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Compared with a high‑level poison control regime, this regulation has expanded the original scope into a detailed operational, administrative and fee framework. Amendments and schedules add new authorised classes (for example, expanded aerial distribution provisions and primary producer/burrowing‑animal competencies in schedule 2, see secs 10, sch.2), specific controls for substances (liquid paraquat at secs 60–61; low‑risk fluoroacetic acid baits at secs 10 and throughout schedule 2), and retroactive application of amended fee items (sec 93). The effect is a broader, more prescriptive instrument that not only defines prohibited conduct but also prescribes technical recordkeeping, reconciliation, supervision and packaging labelling mechanisms, shifting the instrument from high‑level rules to granular operational prescriptions and administrative regimes."},"complexity_factors":["Large number of cross‑references to the Medicines and Poisons Act and the Poisons Standard (multiple sections: e.g. secs 4, 5, 54, 69, 82), increasing interpretive layering","Multiple schedules implementing detailed classes of authorised persons and scope tables (schedule 2 contains many class/scope entries across aviation, biosecurity, local govt, pharmacies, vets, etc.)","Numerous defined terms and external standards referenced (dictionary in schedule 7; departmental standards in schedule 3; AS ISO standards in sec 13)","Nested conditional logic and exceptions (e.g. labelling/packaging rules with 6‑month grace when schedules change — secs 54, 69)","Separate regimes for paper and electronic registers with specific technical requirements (secs 29–31)","Monthly reconciliation and 5‑year retention obligations across different classes (secs 31, 81)","Multiple offence provisions with differing maximum penalties and exemptions (secs 69, 70, 71, 76, 78–79)","Administrative discretion in chief executive approvals of alternative labelling/packaging and equivalence of training (sec 82, secs 22(3))","Interactions with other regulations (Medicines and Poisons (Medicines) Regulation 2021 and Medicines and Poisons (Pest Management Activities) Regulation 2021) and other Acts (Biosecurity Act 2014, Nature Conservation Act 1992) (secs 4, 11, schedule 2 entries)","Transitional and retrospective application clauses (secs 91–93) and later amendment history (2023 and 2025 amendments referenced) that add temporal complexity"],"plain_english_summary":"**What this regulation does, in plain English**\n\n- This regulation sets out detailed rules for anyone who deals with regulated poisons or prohibited substances in Queensland. \"Dealings\" include buying, supplying, possessing, applying, manufacturing, transporting and disposing of those substances. (See especially ch.2–ch.5.)\n\n- It defines categories of regulated substances (S2, S3, S4, S5, S6, S7, S8, \"high‑risk\", and certain \"prohibited substances\") and treats medicines listed in schedules as poisons where the Act says so (secs 5–9, 6–7). It also defines a special class of \"low‑risk fluoroacetic acid bait\" (sec 10).\n\n- The regulation prescribes who can be treated as an \"approved person\" to carry out particular dealings (schedule 2) and approves departmental standards (schedule 3) that set competency and other requirements (secs 11–12, schedule 3).\n\n- It creates practical compliance rules for authority holders and persons authorised to deal with poisons. Key operational requirements include:\n  - appointing competent manufacturing supervisors and running basic quality controls and batch records for manufactured poison (secs 18–20);\n  - keeping detailed registers for high‑risk poisons (what portions exist, who handled them, dates, supplies, disposals, witness details), with rules for electronic or paper registers, monthly reconciliations and reporting if registers are lost (secs 25–33);\n  - secure storage and transport requirements for high‑risk and S7 substances (secs 33, 64);\n  - supervision requirements for destruction/disposal of waste from high‑risk and other listed poisons (secs 35, 38);\n  - pre‑purchase and sales documentation rules (buyers must issue purchase orders with specified content (secs 47–48); suppliers must give invoices and keep copies and must verify buyer authorisation (secs 49–55, 57));\n  - extra controls for restricted S7 and high‑risk poison deliveries (signed receipts, notification if no receipt) (sec 56);\n  - specific treatment and labelling requirements for liquid paraquat (must be coloured and odour‑treated) (secs 60–61);\n  - rules on safe application, retail storage of S6 poisons (child‑resistant packaging or out of reach of very young children), and prohibitions on unsolicited door‑to‑door distribution of S5/S6 samples (secs 62, 70–71);\n  - offences and penalties for unlawful advertising of prohibited or hazardous poisons, and for contravening labelling/packaging requirements for S5/S6 (secs 69, 78–79);\n  - recordkeeping form and retention rules (English language, legibility, 5 years retention, tamper‑evident storage) (secs 80–81).\n\n- The chief executive has administrative powers to approve alternative labelling/packaging that depart from the Poisons Standard if public safety is unlikely to be adversely affected, and must publish such approvals (sec 82). The chief executive also handles replacement of lost authority documents and fee administration (secs 83–90, schedule 6).\n\nWhy this matters (official purpose claim and how the regulation delivers it)\n\n- The stated purpose is to manage health and safety risks associated with poisons and prohibited substances by setting minimum competence, traceability, storage, transport, labelling, supply and disposal standards. The regulation delivers that through rules that make dealing with certain substances conditional on: proving authorisation, following approved labelling/packaging (or an approved alternative), secure storage and transport, keeping registers and records, and supervising destruction of waste (see ch.2–ch.5).\n\nTesting the official purpose against trade‑offs, incentives and costs\n\n- Compliance costs and who pays: businesses and individuals who hold substance authorities, suppliers, buyers and carriers bear the direct costs of compliance: training/competency certification (secs 18, 22), recordkeeping systems (secs 26–31, 81), secure storage and alarms for wholesale/manufacturing premises (sec 33(4)), labelling/packaging compliance (secs 54, 69) and fees (secs 84–90, schedule 6). Those costs are concentrated on regulated entities rather than diffuse on the public.\n\n- Administrative discretion and predictability: the chief executive has discretion to approve alternative labelling/packaging (sec 82) and to determine equivalence of training (secs 22(3)), which allows flexibility but creates a dependence on administrative decisions. The regulation requires publication of alternatives (sec 82(4), increasing transparency) but still leaves operational details to executive action.\n\n- Enforcement and information burdens: the register, reconciliation and invoice/purchase‑order regimes (secs 20, 26–31, 47–55) create substantial documentary and audit trails. Those traceability measures improve oversight but impose recurring administrative burden (monthly reconciliations, 5‑year retention) and require IT or secure paper systems (secs 29–31, 81).\n\n- Effects on markets and private choice: tighter labelling, transport and supplier verification likely raise transaction costs for suppliers and buyers (secs 47–56, 57). Suppliers must verify buyer authorisation (sec 53) and can be penalised for improper labelling (secs 54, 69). Small operators may face proportionally higher compliance costs (training, storage, packaging). Some activity (e.g. unsolicited sample distribution) is restricted (sec 71), narrowing certain marketing practices.\n\n- Safety vs. opportunity costs and substitution: the rules minimise diversion and accidental exposure risks (registers, secure storage, supervised destruction). That may reduce some legitimate flexibility—for example, restrictions on storing in certain ways and requirements to witness destruction (secs 26, 35, 38) may make low‑volume or ad‑hoc uses less practical and push users toward authorised suppliers or services.\n\n- Implementation risks: effective operation depends on clear guidance on how to meet requirements (competency standards, approved alternatives, and transitional arrangements are provided but rely on the departmental standards and chief executive publications — secs 11–12, 82, sch.3). Poorly specified IT or audit expectations could generate compliance disputes (secs 29, 81).\n\nConcentrated benefits and diffuse costs\n\n- Benefits of tighter controls (reduced diversion, clearer accountability) accrue to regulators and public safety stakeholders. Costs (training, record systems, secure storage, packaging changes, fees) fall mainly on regulated businesses and licensed individuals. The schedule of approved classes (schedule 2) creates predictable authorisations for specific professions and activities (e.g. aerial operators, pharmacists, biosecurity officers), concentrating permitted advantages on those groups.\n\nKey sections to consult quickly\n\n- Who can do what (classes and scopes): schedule 2.  \n- High‑risk poison register and entries: secs 26–31.  \n- Supplier/buyer documentation rules and traceability: secs 47–56.  \n- Labelling/packaging defaults and chief executive alternatives: secs 54, 69, 82.  \n- Storage/transport and disposal supervision: secs 33, 35, 38, 64.  \n- Penalties and recordkeeping obligations: secs 69, 78–79, 80–81.  \n- Fees and refunds: secs 84–90, schedule 6.  \n\nBottom line (mechanics): the regulation translates broad poison‑control authority in the Act into a detailed operational regime: who is authorised to handle which classes of substances, how those dealings must be recorded and secured, what labels and packaging are acceptable (or how alternatives are approved), and how suppliers and buyers must document flows. That structure centralises decision power with the chief executive for alternative approvals and relies on departmental competency standards for training requirements (secs 11–12, 18, 22, 82)."},"kimi_summary":{"_metrics":{"completionTokens":777},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The regulation appears consistent with its original purpose of establishing a comprehensive framework for controlling poisons and prohibited substances. The 2023 and 2025 amendments expanded specific categories (adding primary producers and persons with burrowing animal competencies to Schedule 2, and updating fee provisions) but these represent incremental elaboration rather than scope creep."},"complexity_factors":["Extensive cross-referencing to the Poisons Standard, the Act, and other regulations (Medicines Regulation, Pest Management Activities Regulation, Biosecurity Act, Nature Conservation Act)","Multiple overlapping categories of poisons with subtle distinctions (S2-S8, hazardous poisons, high-risk poisons, restricted vs non-restricted S7, low-risk fluoroacetic acid baits)","Detailed tabular schedules (Schedule 2) authorising specific dealings for 18+ different classes of persons, each with scope limitations","Nested conditional logic throughout (e.g., section 54 has 4 subsections with multiple paragraphs, exceptions, and 'to remove any doubt' declarations)","High-risk poison register requirements with 7+ mandatory data fields, correction protocols requiring witnesses, and separate rules for electronic vs paper registers","Fee calculation rules with pro-rata refunds based on month-rounding and complex preconditions for exemptions","Multiple transitional provisions preserving certifications from repealed 1996 regulation","Version control references for departmental standards and amended provisions"],"plain_english_summary":"This Queensland regulation controls how **poisons and prohibited substances** are handled, bought, sold, stored and disposed of. It works alongside the Medicines and Poisons Act 2019.\n\n**Who it affects:**\n- **Businesses and professionals** who manufacture, wholesale or supply poisons (including pharmacies, vets, pest controllers, aerial distributors, and local governments)\n- **Individuals** authorised to use poisons for specific purposes (like controlling invasive animals)\n- **Carriers** transporting poisons\n\n**What it does:**\n- **Classifies poisons** into categories (S2, S3, S4, S5, S6, S7, S8) and identifies \"high-risk\" poisons and \"restricted S7 poisons\" that need tighter controls\n- **Sets out who can deal with poisons** without a full licence — including pilots doing aerial baiting, biosecurity officers, rural landholders, and pharmacy staff\n- **Requires licences and approvals** for manufacturing, wholesaling and other dealings with regulated poisons\n- **Mandates strict record-keeping** — especially for high-risk poisons, where every \"portion\" must be tracked in a detailed register with signatures, witness details for corrections, and monthly reconciliation\n- **Imposes security requirements** — secure storage, alarm systems for high-risk poisons, and tamper-evident record systems\n- **Controls supply chains** — purchase orders with unique identifiers, buyer verification, direct delivery requirements, and signed receipts for dangerous poisons\n- **Sets labelling and packaging rules** — including special requirements for liquid paraquat (must be coloured blue/green and smell offensive)\n- **Bans advertising** of prohibited substances and hazardous poisons except to authorised professionals\n- **Prescribes fees** for licences and provides for refunds when authorities are surrendered or refused\n\n**Key safety measures:**\n- Special rules for **fluoroacetic acid baits** used to control invasive animals\n- **S5 and S6 poisons** must be kept in child-resistant packaging or out of reach of children\n- **Waste disposal** must be supervised for high-risk poisons\n- **Incident reporting** required for lost/stolen poisons or exposures requiring medical treatment"},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[{"type":"other","section":"sec.5 and sec.7","severity":"medium","reasoning":"Section 5 defines 'regulated poison' to include a prohibited substance (non-therapeutic). Section 7 defines 'high-risk poison' to include the same prohibited substance (non-therapeutic). The regulation then imposes different, overlapping obligations on 'regulated poisons' and 'high-risk poisons' without clearly addressing the interaction where a substance falls into both categories. While this may be intentional layering, it creates genuine interpretive uncertainty about whether all regulated poison obligations AND all high-risk poison obligations stack cumulatively.","confidence":0.65,"description":"A prohibited substance (non-therapeutic) is simultaneously a 'regulated poison' (sec.5(b)) AND a 'high-risk poison' (sec.7). This creates a double classification that may generate conflicting or duplicative obligations without clear resolution of which regime applies when both apply simultaneously."},{"type":"other","section":"sec.27(2)(e)","severity":"low","reasoning":"The register is kept by the holder of the substance authority. When the holder supplies a portion to themselves (e.g., transfers between authorised places), recording their own contact details as 'the person who supplied the portion' is circular and provides no useful regulatory information. The provision appears drafted for third-party supply scenarios but applies equally to internal dealings.","confidence":0.55,"description":"The recording requirement for a supply dealing requires recording 'the contact details of the person who supplied the portion' — but in a register maintained by the substance authority holder, the recording person IS the person doing the dealing under their own authority. For an internal dealing that is characterised as 'supply', the 'person who supplied' and the recording person may be the same entity, making self-referential contact-detail recording meaningless."},{"type":"impossible_compliance","section":"sec.28(1) and sec.28(2)-(3)","severity":"low","reasoning":"While audit-trail preservation is the evident purpose, the combined effect is that a materially wrong entry (e.g., wrong substance name) permanently remains in the register and can only be flagged with a correction note. For regulatory purposes the register may therefore always contain known false information, which undermines its evidentiary reliability — the opposite of the provision's intent.","confidence":0.6,"description":"Section 28(1) prohibits amending the high-risk poison register 'unless correcting' in the way described in subsections (2) and (3). Subsection (3) then prohibits cancelling, deleting or obliterating the original entry. This means the only permissible 'amendment' is to add a correction record alongside the original — i.e., the original entry can never be substantively changed. An erroneous entry that, if left standing, creates a false impression of the register can never be neutralised, only annotated."},{"type":"other","section":"sec.29(2)(a) and sec.29(4)","severity":"low","reasoning":"The structural tension is between the security design (identifier + private password = access) and the record-keeping obligation (holder must record each identifier). The identifier without the password is inert, so recording it serves limited purpose. But if 'secure system identifier' in sec.29(3) is read to include the password, that directly contradicts the security purpose of sec.29(4).","confidence":0.5,"description":"Section 29(2)(a) requires that entries can only be made using a 'secure system identifier provided by the holder', while sec.29(4) defines the identifier as one that 'can only be used in combination with a password created by the person'. The holder provides the identifier but cannot know or control the password. However sec.29(3) requires the holder to keep a record of each person's secure system identifier. Keeping a record of an identifier that is only usable with a separate private password is either redundant (the identifier alone is useless) or creates a security risk if interpreted as requiring the holder to keep the combined credential."},{"type":"self_contradicting","section":"sec.56(1) and sec.56(2)","severity":"medium","reasoning":"Section 56(1)(b) requires the supplier to 'arrange for' a receipt on delivery — not actually obtain one before supply. So supply can lawfully proceed. But if the arrangement fails and no receipt arrives in 7 days, sec.56(2) requires notification. This means sec.56 permits a scenario where supply occurs, the arrangement is made in good faith, no receipt arrives, and the supplier complies by notifying — yet the substance has already been delivered without confirmation of receipt by the buyer. The precondition in sec.56(1) is therefore not a true precondition for the delivery scenario, creating structural ambiguity about the compliance posture.","confidence":0.7,"description":"Section 56(1) prohibits supply of a restricted S7 or high-risk poison unless (a) the buyer signs a receipt at the time of supply, OR (b) for delivery, the supplier arranges for a receipt upon delivery. Section 56(2) then requires the supplier to notify the chief executive if no receipt is received within 7 days after delivery. This implies delivery can lawfully proceed before a receipt is obtained — but sec.56(1) says supply cannot occur unless the receipt arrangement is in place. The 7-day window in sec.56(2) is logically inconsistent with the precondition in sec.56(1): if supply cannot occur without the receipt (or receipt arrangement), the absence of a receipt post-delivery should be impossible under compliant conduct."},{"type":"retroactive_impossibility","section":"sec.93","severity":"high","reasoning":"Applying amended fee schedule items retrospectively to 2021 creates a retroactive impossibility: persons who paid fees (or were exempt from fees) under the original schedule 6, items 7 and 8 between September 2021 and 2025 may now be deemed to have operated under different fee rules for that entire period. If the amendment increases fees, retrospective liability is imposed for conduct already completed. If it decreases fees, refund obligations may crystallise years after the fact. Neither outcome is practically administrable and the provision is constitutionally questionable in Queensland if it imposes retrospective financial burdens.","confidence":0.8,"description":"Section 93 applies retrospective effect to amended schedule 6, items 7 and 8 from 27 September 2021 — the original commencement date of the regulation. The amendment is inserted by the Health Legislation Amendment Regulation (No. 2) 2025. This means fee provisions are deemed to have applied for approximately 3-4 years before the amending regulation was made, potentially imposing retrospective fee obligations or retrospectively altering fee entitlements."},{"type":"self_contradicting","section":"sec.4(2)(c)","severity":"medium","reasoning":"Section 4(2)(c) carves out disposal of waste from fumigants and pesticides from this regulation's operation. Low-risk fluoroacetic acid baits are clearly pesticidal in nature and are dealt with under the Pest Management framework. Section 65 imposes obligations on disposal of waste from these baits. Whether sec.65 can have operation given sec.4(2)(c)'s exclusion depends on whether fluoroacetic acid baits in this context are characterised as 'pesticides' — a question the regulation does not resolve.","confidence":0.65,"description":"The regulation excludes 'disposing of waste from a fumigant or pesticide' from its application. However, sec.65 of this same regulation prescribes requirements for 'disposal of waste from low-risk fluoroacetic acid baits' — which are pesticidal substances. A low-risk fluoroacetic acid bait used as a pesticide would generate waste that is 'waste from a pesticide', apparently excluded by sec.4(2)(c), yet sec.65 purports to regulate exactly that disposal."},{"type":"other","section":"sec.13(2) — definition of 'portable testing device'","severity":"low","reasoning":"Using 'regulated substance' in the definition but 'regulated poison' in the operative provision creates a mismatch. A device designed to test for a regulated substance that is not a regulated poison would satisfy the definition but the exemption only applies when using reference material containing a regulated poison. Conversely, if 'regulated substance' is narrower than 'regulated poison', some devices used with regulated poisons would not qualify. The definitional inconsistency creates interpretive uncertainty.","confidence":0.6,"description":"The definition of 'portable testing device' in sec.13(2) refers to a device designed to test for a 'regulated substance', whereas the exemption in sec.13(1)(b) refers to 'regulated poison'. These are different terms — 'regulated substance' is not defined in the visible portions of this regulation (it likely has a broader meaning under the Act or schedule 7), potentially meaning the definition describes a broader category of device than the exemption is intended to cover."}],"contradictions":[{"severity":"low","section_a":"sec.4(2)(b)","section_b":"sec.4(2)(c)","confidence":0.5,"description":"Section 4(2)(b) excludes pest management activities from this regulation. Section 4(2)(c) separately excludes disposing of waste from a fumigant or pesticide. The separate exclusion in (c) is logically subsumed within (b) if disposal of pesticide waste is part of a pest management activity, making (c) either redundant or implying that disposing of pesticide waste is NOT always a pest management activity — which would have significant implications for what activities are governed by the Pest Management Regulation versus this regulation."},{"severity":"low","section_a":"sec.33(1)(a)","section_b":"sec.64(2)(a)","confidence":0.45,"description":"Both sections impose storage requirements for overlapping categories of poisons. Section 33 applies to 'high-risk poisons' possessed under a substance authority, requiring storage in a 'secure area'. Section 64 applies to 'S7 substances including restricted S7 poisons', also requiring storage in a 'secure area'. Since restricted S7 poisons can also be high-risk poisons (an S8 poison is a high-risk poison, and separately restricted S7 poisons exist), and since the term 'secure area' may have different meanings or standards in each context, persons dealing with overlapping categories face potential compliance ambiguity about which provision's requirements take precedence or whether both must be satisfied."},{"severity":"high","section_a":"sec.35","section_b":"sec.38","confidence":0.75,"description":"Section 35 (disposal of high-risk poisons) requires destruction under the supervision of an inspector OR another person stated in the authority. Section 38 (disposal of S2, S3, S4 or S7 substances) permits an 'appropriately qualified person approved by the holder' as supervisor — a much lower bar with no inspector involvement. Since some S7 substances may also qualify as high-risk poisons, the two provisions potentially impose conflicting supervision requirements on the same disposal event, with sec.35's stricter requirement (inspector or authority-stated person) directly contradicting sec.38's more permissive regime."},{"severity":"medium","section_a":"sec.48(2)(a)(ii)","section_b":"sec.48(2)(a) generally","confidence":0.7,"description":"Section 48(2)(a) requires the purchase order to be prepared and sent in a way that allows amendment 'only by the buyer or supplier'. This directly contradicts the anti-fraud purpose stated in sec.48(2)(a)(i) which requires minimising fraud or tampering — since permitting either the buyer or the supplier to amend the order provides no protection against a fraudulent amendment by one party acting unilaterally and adversely to the other. The two requirements within the same paragraph are internally self-defeating."},{"severity":"low","section_a":"sec.80(2)(b)","section_b":"sec.81(2)(b)","confidence":0.5,"description":"Section 80(2)(b) requires paper records to be 'marked legibly in ink'. Section 81(2)(b) requires that information 'cannot be altered, obliterated, deleted or removed without detection'. These requirements conflict with sec.28 (corrections to high-risk poison register) which permits — and indeed requires — that corrections be made by adding notations to existing entries. A correction written in ink on a paper register may itself be written over or obscured, and ink-on-ink corrections may not be detectable as alterations. The two provisions cannot both be fully satisfied for corrected paper entries."},{"severity":"medium","section_a":"sec.40(c)","section_b":"sec.18(1)","confidence":0.65,"description":"Section 40(c) requires the holder of a manufacturing licence to notify the chief executive of a proposed change to the manufacturing supervisor before the change occurs. Section 18(1) requires the holder to appoint an 'appropriately qualified person' as supervisor. These provisions do not address what happens in the event of the sudden incapacity, resignation or death of the appointed supervisor — creating a compliance impossibility where the holder cannot give prior notice of an unplanned change but is simultaneously obligated to always have an appointed supervisor. The regulation is silent on emergency appointment of supervisors."}]},"summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"The regulation appears consistent with its stated purpose of regulating dealings with non-medicinal poisons and prohibited substances in Queensland. The scope explicitly excludes pest management activities, therapeutic medicines, and certain workplace-regulated substances — all of which are addressed in companion instruments. Amendments in 2023 and 2025 refined specific provisions (such as removing some sections and clarifying fee application dates) but did not materially expand or contract the core regulatory scope."},"complexity_factors":["Multiple overlapping classification systems for poisons (S2, S3, S4, S5, S6, S7, S8, hazardous, high-risk, restricted S7, prohibited substances, regulated poisons) that interact in non-obvious ways","Extensive cross-referencing to external instruments — the national Poisons Standard, the parent Act, the Biosecurity Act 2014, the Drugs Misuse Act 1986, work health and safety laws, and separate Queensland regulations — making the regulation impossible to understand in isolation","Layered authorisation framework with different rules applying to different categories of people, substances, and dealings simultaneously","Detailed schedules (not fully reproduced) prescribing authorised persons and dealings in tabular form, requiring cross-reference throughout","Specific technical requirements for both electronic and paper registers, including tamper-detection and secure system identifiers","Complex fee structure with pro-rata calculations, exemptions, and refund provisions across multiple scenarios","Transitional provisions bridging from a repealed 1996 regulation and a 2025 amendment, creating temporal complexity","Distinction between 'therapeutic use' and non-therapeutic use of the same substance changes which legal regime applies","Multiple amendment instruments (2023 and 2025 SL amendments) altering the original text, creating version-tracking complexity","Incorporation of multiple Australian Standards (ISO/IEC) by reference for laboratory accreditation requirements"],"plain_english_summary":"This Queensland regulation sets detailed controls on the manufacture, sale, storage, transport, use and disposal of non‑medical poisons and prohibited substances (industrial, agricultural and other hazardous chemicals). It requires government authorisations, strict record‑keeping, secure storage and disposal, packaging/label rules and limits on advertising and supply.\n\nIt affects businesses and individuals who handle regulated poisons—suppliers, carriers, aerial applicators, laboratories, retailers and pest controllers—and matters because it reduces public and environmental harm from hazardous chemicals."}},"importantCases":[],"_links":{"self":"/api/acts/medicines-and-poisons-poisons-and-prohibited-substances-regulation-2021","history":"/api/acts/medicines-and-poisons-poisons-and-prohibited-substances-regulation-2021/history","analysis":"/api/acts/medicines-and-poisons-poisons-and-prohibited-substances-regulation-2021/analysis","conflicts":"/api/acts/medicines-and-poisons-poisons-and-prohibited-substances-regulation-2021/conflicts","importantCases":"/api/acts/medicines-and-poisons-poisons-and-prohibited-substances-regulation-2021/important-cases","documents":"/api/acts/medicines-and-poisons-poisons-and-prohibited-substances-regulation-2021/documents"}}