{"id":"nsw:sl-2016-0410","name":"Poisons and Therapeutic Goods (Poisons List) Proclamation 2016","slug":"poisons-and-therapeutic-goods-poisons-list-proclamation-2016","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"410 of 2016","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":177509,"registerId":"nsw-nsw:sl-2016-0410-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Proclamation","content":"#### 1 Name of Proclamation\n\n1 Name of Proclamation\n\n> This Proclamation is the [Poisons and Therapeutic Goods (Poisons List) Proclamation 2016](/view/html/inforce/current/sl-2016-0410).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Proclamation commences on the day on which it is published on the NSW legislation website.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Poisons List","content":"#### 3 Poisons List\n\n3 Poisons List\n\n> > (1) Pursuant to section 8 (6) of the [Poisons and Therapeutic Goods Act 1966](/view/html/inforce/current/act-1966-031), this Proclamation replaces the Poisons List.\n> \n> > (2) Schedules 1 to 9 of the current Poisons Standard (within the meaning of Part 6-3 of the Commonwealth Act), as in force from time to time, are adopted as the Poisons List.\n> > \n> > Editorial note—\n> > \n> > For the Poisons Standard, see the [Therapeutic Goods Act 1989](http://www.legislation.gov.au/) of the Commonwealth.\n> \n> > (3) For the purposes of determining the scheduling of a substance or the meaning of a reference to a substance in a schedule of the Poisons List, the definitions, other interpretation provisions and Appendices of the current Poisons Standard (within the meaning of Part 6-3 of the Commonwealth Act), as in force from time to time, apply.","sortOrder":2}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation maintains its original purpose of establishing the Poisons List for NSW. The mechanism has shifted from a standalone NSW list to an automatic adoption of the Commonwealth standard, but this is a procedural efficiency measure rather than an expansion of scope. The core function—defining which substances are regulated as poisons—remains unchanged."},"complexity_factors":["Very short document (only 3 operative sections)","No defined terms within the instrument itself (relies entirely on external definitions from the Commonwealth Poisons Standard)","Single cross-reference to the Poisons and Therapeutic Goods Act 1966 and the Commonwealth Therapeutic Goods Act 1989","Simple 'adopt by reference' mechanism with minimal conditional logic","No exceptions, exemptions, or nested provisions"],"plain_english_summary":"This Proclamation updates New South Wales's list of regulated poisons and dangerous substances by linking it directly to the Commonwealth's national standard.\n\n**What it does:**\n- **Replaces the old NSW Poisons List** with a new system that automatically adopts the Commonwealth's 'Poisons Standard' (the national classification system for medicines and poisons).\n- **Adopts Schedules 1-9** of the Commonwealth Poisons Standard as the official NSW Poisons List. These schedules classify substances by danger level—from Schedule 1 (lowest restriction) to Schedule 9 (prohibited substances).\n- **Imports definitions and rules** from the Commonwealth standard, so NSW uses the same meanings and classifications as the rest of Australia.\n\n**Who it affects:**\n- **Pharmacists, doctors, and healthcare workers** who need to know how strictly a substance is controlled.\n- **Businesses** that manufacture, sell, or handle chemicals, medicines, or agricultural products.\n- **The general public**, as these rules determine what you can buy over-the-counter, what needs a prescription, and what's banned.\n\n**Why it matters:**\nInstead of NSW maintaining its own separate list of poisons (which could become outdated or inconsistent with other states), this law creates an **automatic update mechanism**. When the Commonwealth updates its national Poisons Standard, NSW law automatically adopts those changes without needing new NSW legislation. This keeps poison regulations consistent across Australia and ensures NSW stays current with safety standards for medicines and chemicals."},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the available metadata only, there is no evidence of scope change from original intent. The proclamation appears to have remained in its original form since commencement on 1 July 2016, with no amendments recorded. However, the absence of substantive content in the provided text means a definitive assessment of scope drift cannot be made."},"complexity_factors":["The substantive content of the proclamation (the actual poisons schedules and classifications) is not visible in the provided text — only metadata is available, limiting full analysis","Poisons scheduling involves a layered national-state regulatory framework, where NSW schedules interact with the Commonwealth's Therapeutic Goods Administration (TGA) Standard for the Uniform Scheduling of Medicines and Poisons (SUSMP)","Technical scientific and pharmaceutical terminology is inherent to any poisons list instrument","Cross-referencing between the parent Act (Poisons and Therapeutic Goods Act 1966) and this proclamation is required to understand the full legal effect","Multiple categories of affected persons (health professionals, retailers, manufacturers, consumers) each face different obligations depending on substance classification"],"plain_english_summary":"This NSW Government proclamation, made under the Poisons and Therapeutic Goods Act 1966, establishes or updates the official \"Poisons List\" that classifies substances as poisons. It affects pharmacists, doctors, nurses, manufacturers, wholesalers and consumers by defining who may supply, prescribe or handle specific substances.\n\nThe classifications determine prescription requirements, storage, labelling and penalties for misuse. Note: the accessed document appears to contain only metadata/status details and not the full substantive schedules listing the substances."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The proclamation replaces the pre-existing NSW Poisons List and adopts the Commonwealth Poisons Standard Schedules 1–9 and the Standard's definitions and appendices as the Poisons List for NSW (s3(1)–(3)). This changes scope by making NSW scheduling contingent on the Commonwealth instrument \"as in force from time to time,\" moving the practical locus of scheduling updates to the federal level and imposing an ongoing monitoring and compliance obligation on suppliers, pharmacists, health practitioners and regulators."},"complexity_factors":["Dynamic incorporation by reference of an external Commonwealth instrument “as in force from time to time” (s3(2)–(3)) requires continual tracking of federal changes.","Cross-jurisdictional dependence on the Commonwealth Poisons Standard (Part 6‑3 of the Therapeutic Goods Act) creates interpretive interaction between state and federal law.","Application of the Commonwealth Standard's definitions, interpretation provisions and appendices to NSW scheduling (s3(3)) increases legal reference layers when construing terms.","Broad coverage (Schedules 1–9) means many classes of substances and market participants are affected, raising compliance scope.","Minimal procedural detail in the proclamation shifts operational implementation and enforcement work to regulators and industry.","Immediate commencement on publication (s2) reduces lead time for affected parties to adjust."],"plain_english_summary":"This proclamation replaces the NSW Poisons List by adopting the Commonwealth Poisons Standard Schedules 1–9 and their definitions and appendices (s3(2)–(3)), taking effect on publication. It governs suppliers, pharmacists, health practitioners and regulators who must follow the Commonwealth schedules. By importing the Commonwealth instrument “as in force from time to time” the proclamation ties NSW scheduling to federal updates, shifting the decision path for scheduling and creating an ongoing compliance and monitoring obligation for affected businesses and regulators."}},"importantCases":[],"_links":{"self":"/api/acts/poisons-and-therapeutic-goods-poisons-list-proclamation-2016","history":"/api/acts/poisons-and-therapeutic-goods-poisons-list-proclamation-2016/history","analysis":"/api/acts/poisons-and-therapeutic-goods-poisons-list-proclamation-2016/analysis","conflicts":"/api/acts/poisons-and-therapeutic-goods-poisons-list-proclamation-2016/conflicts","importantCases":"/api/acts/poisons-and-therapeutic-goods-poisons-list-proclamation-2016/important-cases","documents":"/api/acts/poisons-and-therapeutic-goods-poisons-list-proclamation-2016/documents"}}