{"id":"tas:sr-2021-059","name":"Poisons (Application of Uniform Standard) Order 2021","slug":"poisons-application-of-uniform-standard-order-2021","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"59 of 2021","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":182321,"registerId":"tas-tas:sr-2021-059-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This order may be cited as the [Poisons (Application of Uniform Standard) Order 2021](/view/html/inforce/2026-04-12/sr-2021-059) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This order takes effect on the day on which its making is notified in the *Gazette*.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> The [Acts Interpretation Act 1931](/view/html/inforce/2026-04-12/act-1931-059) applies to the interpretation of this order as if this order were by-laws.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Amendment of Uniform Standard","content":"### 4 Amendment of Uniform Standard\n\n> The Uniform Standard, in its application to Tasmania, is amended by omitting from Schedule 8 the item relating to cannabis and adding the following item:\n> \n> | Cannabis (including seeds, extracts, resins and the plant, and any part of the plant) when – |\n> \n> > > (a) prepared or packed for human therapeutic use, when –\n> > > \n> > > > > (i) cultivated or produced, or in products manufactured, in accordance with the *Narcotic Drugs Act 1967* of the Commonwealth; or\n> > > > \n> > > > > (ii) for use in products manufactured in accordance with the *Narcotic Drugs Act 1967* of the Commonwealth; or\n> > > > \n> > > > > (iii) imported as therapeutic goods, or for use in therapeutic goods, for supply, in accordance with the *Therapeutic Goods Act 1989* of the Commonwealth; or\n> > > > \n> > > > > (iv) in therapeutic goods, supplied in accordance with the *Therapeutic Goods Act 1989* of the Commonwealth, except when –\n> > > > > \n> > > > > > > (A) it is in a product to which item 4, 8, 10, 11 or 12 of Schedule 5A to the *Therapeutic Goods Regulations 1990* of the Commonwealth applies; or\n> > > > > > \n> > > > > > > (B) the therapeutic goods are separately specified in the nabiximols entry in this Schedule; or\n> > > > > > \n> > > > > > > (C) the cannabidiol entry in Schedule 3, or Schedule 4, applies to the therapeutic goods; or\n> > > > > > \n> > > > > > > (D) [*\\[Clause 4 Amended by S.R. 2026, No. 6, Applied:11 Feb 2026\\]*](/view/html/inforce/2026-02-11/sr-2026-006#GS4@EN) the therapeutic goods contain hemp seed oil containing 75mg/kg or less of cannabidiol and 10mg/kg or less of tetrahydrocannabinols; or\n> > \n> > > (b) used in research or development of products for human therapeutic use, where –\n> > > \n> > > > > (i) it is used by the holder of a licence granted and in force under section 16 of the *Poisons Act 1971* or regulation 11 of the *Poisons Regulations 2018*; and\n> > > > \n> > > > > (ii) the conditions of the licence specifically authorise the use.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Legislation revoked","content":"### 5 Legislation revoked\n\n> The legislation specified in [Schedule 1](#JS1@EN) is revoked.","sortOrder":4},{"sectionNumber":"SCHEDULE 1 - Legislation revok","sectionType":"part","heading":"SCHEDULE 1 - Legislation revoked","content":"# SCHEDULE 1 - Legislation revok SCHEDULE 1 - Legislation revoked\n\n[Clause 5](#GS5@EN)\n\n| Poisons (Application of Uniform Standard) Order 2018 (No. 90 of 2018) |\n\nDisplayed and numbered in accordance with the *[Rules Publication Act 1953](/view/html/inforce/current/act-1953-050)*.\n\nNotified in the *Gazette* on 28 July 2021\n\nThis order is administered in the Department of Health.","sortOrder":5}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow purpose: applying the Uniform Poisons Standard to Tasmania with specific Tasmanian modifications. The 2021 update and 2026 amendment refine the cannabis scheduling but do not expand the order's scope beyond its core function of harmonising state poisons law with Commonwealth therapeutic goods regulation."},"complexity_factors":["Deeply nested conditional structure with 4 levels of indentation (a) → (i)-(iv) → (A)-(D)","Multiple cross-references to Commonwealth legislation (*Narcotic Drugs Act 1967*, *Therapeutic Goods Act 1989*, *Therapeutic Goods Regulations 1990*)","Four separate exception clauses within an exception (iv) → (A)-(D), creating 'exceptions to exceptions'","Technical thresholds requiring precise measurement (75mg/kg CBD, 10mg/kg THC)","Requires knowledge of external scheduling systems (Schedule 3, 4, 5A, 8) to fully understand scope","Incorporation by reference of the 'Uniform Standard' (likely the Poisons Standard) without reproducing it"],"plain_english_summary":"This is a Tasmanian government order that updates how cannabis is regulated under the state's poisons laws.\n\n**What it does:**\n- **Moves cannabis to Schedule 8** of the poisons standard, but with specific carve-outs (exceptions) for legal therapeutic uses.\n- **Allows cannabis for medical purposes** when it meets strict Commonwealth (federal) requirements — specifically when grown, made, imported, or supplied under the *Narcotic Drugs Act 1967* or *Therapeutic Goods Act 1989*.\n- **Protects certain cannabis products from extra restrictions** — products already regulated under other schedules (like nabiximols, or pure cannabidiol in Schedules 3 or 4) don't get caught by this rule. Hemp seed oil with very low levels of cannabis compounds (75mg/kg or less of CBD, 10mg/kg or less of THC) is also exempt.\n- **Allows research use** by licensed holders under Tasmania's *Poisons Act 1971*.\n\n**Who it affects:**\n- Medical cannabis patients and suppliers in Tasmania\n- Researchers working with cannabis for therapeutic development\n- Pharmacies and importers of therapeutic cannabis goods\n\n**Why it matters:**\nThis order essentially harmonises Tasmania's poisons laws with Commonwealth medical cannabis schemes. It ensures that cannabis products legally available under federal medical cannabis programs aren't automatically treated as prohibited poisons under state law — but non-therapeutic cannabis remains tightly controlled."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available text, the order appears to serve its stated purpose straightforwardly — applying the national Uniform Standard to Tasmania. There is no evidence of scope creep or departure from the original intent. Its role is narrow and administrative: alignment with the national framework."},"complexity_factors":["The order itself appears brief and largely administrative in nature, with most complexity residing in the external national standard it incorporates by reference","Incorporation by reference — the law points to another document (the national Uniform Standard) rather than setting out its own detailed rules, requiring readers to consult multiple sources","Interplay between Tasmanian state law and a Commonwealth regulatory framework adds a layer of jurisdictional complexity","Ongoing amendments (as shown by the amending instruments table) mean the effective content can change without the core order visibly changing","Limited legislative text was provided, restricting confidence in the full scope assessment"],"plain_english_summary":"This order adopts the national Uniform Standard for scheduling medicines and poisons (SUSMP) into Tasmanian law, so Tasmania uses the same national rules for regulated substances. It affects pharmacists, healthcare providers, businesses handling poisons or pesticides, veterinarians, and consumers by aligning Tasmanian controls with the rest of Australia and ensuring Tasmania automatically follows national scheduling updates."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"Yes. The Order replaces the previous Schedule 8 cannabis entry (revoking the 2018 Order) and narrows and clarifies when cannabis is captured by the Uniform Standard in Tasmania: it applies only where production, manufacture, import or supply is in accordance with Commonwealth narcotic‑drugs or therapeutic‑goods laws, excludes certain therapeutic‑goods categories and specified cannabidiol/THC presentations (including numeric hemp seed oil thresholds), and explicitly permits licensed research uses (cl.4; cl.5; Schedule 1)."},"complexity_factors":["Extensive cross-references to Commonwealth statutes and regulations (Narcotic Drugs Act 1967; Therapeutic Goods Act 1989; Therapeutic Goods Regulations 1990) creating dependency on external instruments (cl.4).","Multiple carve-outs and cross-references to specific items and schedules (items 4, 8, 10, 11, 12 of Schedule 5A; nabiximols entry; cannabidiol entries in Schedule 3 or 4) increasing interpretive detail (cl.4(a)(iv)(A)–(C)).","Numeric chemical thresholds for hemp seed oil (75 mg/kg cannabidiol; 10 mg/kg tetrahydrocannabinols) introduce technical measurement and compliance burdens (cl.4(a)(iv)(D)).","Licenced research exception depends on licensing regimes under the Poisons Act 1971 and Poisons Regulations 2018 and on licence conditions expressly authorising use, imposing administrative oversight (cl.4(b)).","Revocation of the 2018 Order and replacement wording means prior regulatory baseline is removed and requires affected parties to reassess their compliance position (cl.5; Schedule 1).","Commencement linked to Gazette notification and interpretation governed by the Acts Interpretation Act 1931 (cls.2–3), which affects timing and statutory interpretation rules.","Application limited to Tasmania, so interplay with Commonwealth enforcement and state implementation creates interjurisdictional complexity (cl.4 heading and operation)."],"plain_english_summary":"This Order amends how Tasmania applies the national \"Uniform Standard\" for poisons by replacing the Schedule 8 entry for cannabis. It treats cannabis prepared, packed, supplied or imported for human therapeutic use as covered when produced or brought in under Commonwealth narcotic‑drugs or therapeutic‑goods laws, and separately permits licensed research uses. It also revokes the 2018 Order. It affects producers, importers, therapeutic‑goods suppliers and licence holders by aligning local poison controls with Commonwealth regimes."}},"importantCases":[],"_links":{"self":"/api/acts/poisons-application-of-uniform-standard-order-2021","history":"/api/acts/poisons-application-of-uniform-standard-order-2021/history","analysis":"/api/acts/poisons-application-of-uniform-standard-order-2021/analysis","conflicts":"/api/acts/poisons-application-of-uniform-standard-order-2021/conflicts","importantCases":"/api/acts/poisons-application-of-uniform-standard-order-2021/important-cases","documents":"/api/acts/poisons-application-of-uniform-standard-order-2021/documents"}}