161 Secretary may approve Schedule 4, 8 or 9 poisons for possession by nurses or registered midwives
(1) For the purposes of regulation 8, the Secretary, by notice published in the Government Gazette, may approve a Schedule 4 poison, Schedule 8 poison or Schedule 9 poison that a nurse or registered midwife is authorised to possess where that possession is not authorised under section 13 or 14A of the Act.
(2) The Secretary must not approve a Schedule 4 poison, Schedule 8 poison or Schedule 9 poison under subregulation (1) unless the Secretary considers that—
(a) the approval is necessary for the provision of health services and section 14A of the Act does not apply; and
(b) it is within competence for the nurse or registered midwife to administer the poison without the supervision or instruction of—
(i) in the case of a Schedule 4 poison, a registered medical practitioner, dentist, nurse practitioner, authorised midwife, authorised optometrist or authorised podiatrist; or
(ii) in the case of a Schedule 8 poison, a registered medical practitioner, dentist, nurse practitioner or authorised midwife; or
(iii) in the case of a Schedule 9 poison, a registered medical practitioner or dentist.
Reg. 161(2A) inserted by S.R. No. 31/2018 reg. 18.
(2A) The Secretary may specify in an approval under subregulation (1) that the approval is subject to—
(a) a condition that the nurse or registered midwife may possess a Schedule 4 poison, Schedule 8 poison or Schedule 9 poison specified in the approval only if the nurse or registered midwife—
(b) any other condition the Secretary considers is necessary for the proper possession of a Schedule 4 poison, Schedule 8 poison or Schedule 9 poison.
(3) An approval under subregulation (1) may be made in respect of—
(a) a poison or a class of poison; and
(b) all nurses or registered midwives or a class of nurse or registered midwives.
(4) An approval under subregulation (1) takes effect—
Reg. 161A inserted by S.R. No. 13/2021 reg. 39.
161A Secretary may approve Schedule 4 or Schedule 8 poisons for obtaining, possession, sale, supply or administration by approved registered nurses or approved registered midwives
(1) The Secretary by notice published in the Government Gazette, may approve a Schedule 4 poison or Schedule 8 poison that an approved registered nurse or approved registered midwife is to be authorised to obtain, possess, sell, supply and administer where that obtaining, possession, sale, supply or administration is not authorised under section 13 or 14A of the Act.
(2) The Secretary must not approve a Schedule 4 or Schedule 8 poison under subregulation (1) unless the Secretary considers that—
(a) the approval is necessary for the provision of health services and neither section 13 nor 14A of the Act applies; and
(b) it is within the competence of an approved registered nurse or approved registered midwife to obtain, possess, sell, supply and administer the poison without the supervision or instruction of—
(i) in the case of a Schedule 4 poison, a registered medical practitioner, dentist, nurse practitioner, authorised midwife, authorised optometrist or authorised podiatrist; or
(ii) in the case of a Schedule 8 poison, a registered medical practitioner, dentist, nurse practitioner or authorised midwife.
(3) An approval under subregulation (1) is subject to the condition that supply pursuant to the approval must comply with the parts of the Primary Clinical Care Manual that are—
(4) An approval under subregulation (1) is subject to the condition that administration pursuant to the approval must comply with the parts of the Primary Clinical Care Manual that are—
(5) The Secretary may set out in an approval under subregulation (1) any material in accordance with which a part of the Primary Clinical Care Manual is to be read for the purposes of that approval.
(6) The Secretary may specify in an approval under subregulation (1) that the approval is subject to any other condition the Secretary considers is necessary for the proper obtaining, possession, sale, supply or administration of a Schedule 4 poison or a Schedule 8 poison.
(b) all approved registered nurses or approved registered midwives, or a class of approved registered nurses or approved registered midwives.
Reg. 161B inserted by S.R. No. 13/2021 reg. 39.
161B Secretary may approve Schedule 2 poisons for obtaining, possession, sale, supply or administration by approved registered nurses or approved registered midwives
(1) The Secretary by notice published in the Government Gazette, may approve a Schedule 2 poison that an approved registered nurse or approved registered midwife is to be authorised to obtain, possess, sell, supply and administer where that obtaining, possession, sale, supply or administration is not authorised under section 13 or 14A of the Act.
(a) the approval is necessary for the provision of health services and neither section 13 nor section 14A of the Act applies; and
(b) it is within the competence of an approved registered nurse or approved registered midwife to obtain, possess, sell, supply and administer the poison without the supervision of a registered medical practitioner, dentist, nurse practitioner, authorised midwife, authorised optometrist or authorised podiatrist.
(3) An approval under subregulation (1) is subject to the condition that supply pursuant to the approval must comply with the parts of the Primary Clinical Care Manual that are—
(4) An approval under subregulation (1) is subject to the condition that administration pursuant to the approval must comply with the parts of the Primary Clinical Care Manual that are—
(5) The Secretary may set out in an approval under subregulation (1) any material in accordance with which a part of the Primary Clinical Care Manual is to be read for the purposes of that approval.
(6) The Secretary may specify in an approval under subregulation (1) that the approval is subject to any other condition the Secretary considers is necessary for the proper obtaining, possession, sale, supply or administration of a Schedule 2 poison.
(b) all approved registered nurses or approved registered midwives, or a class of approved registered nurses or approved registered midwives.
Reg. 161C inserted by S.R. No. 13/2021 reg. 39.
161C Secretary may approve Schedule 3 poisons for obtaining, possession, sale, supply or administration by approved registered nurses or approved registered midwives
Reg. 161C(1) amended by S.R. No. 124/2025 reg. 55.
(1) The Secretary by notice published in the Government Gazette, may approve a Schedule 3 poison that an approved registered nurse or approved registered midwife is to be authorised to obtain, possess, sell, supply and administer where that obtaining, possession, sale, supply or administration is not authorised under section 13 or 14A of the Act.
(a) the approval is necessary for the provision of health services and section 13 or 14A of the Act does not apply; and
(b) it is within the competence of an approved registered nurse or approved registered midwife to obtain, possess, sell, supply and administer the poison without the supervision of a registered medical practitioner, dentist, nurse practitioner, authorised midwife, authorised optometrist or authorised podiatrist.
(3) An approval under subregulation (1) is subject to the condition that supply pursuant to the approval must comply with the parts of the Primary Clinical Care Manual that are—
(4) An approval under subregulation (1) is subject to the condition that administration pursuant to the approval must comply with the parts of the Primary Clinical Care Manual that are—
(5) The Secretary may specify in an approval under subregulation (1) any material in accordance with which a part of the Primary Clinical Care Manual is to be read for the purposes of that approval.
(6) The Secretary may specify in an approval under subregulation (1) that the approval is subject to any other condition the Secretary considers is necessary for the proper obtaining, possession, sale, supply or administration of a Schedule 3 poison.
(b) all approved registered nurses or approved registered midwives, or a class of approved registered nurses or approved registered midwives.
Reg. 161D inserted by S.R. No. 113/2022 reg. 7.
161D Approved naloxone providers
(1) The Secretary, by notice published in the Government Gazette, may approve a specified person, or a specified class of person, for the purposes of the definition of approved naloxone provider in regulation 5(1).
(2) The Secretary may specify in an approval under subregulation (1) that the approval is subject to—
(a) a condition that the approved naloxone provider must not—
(i) supply Schedule 3 naloxone to an approved naloxone worker; or
(ii) permit Schedule 3 naloxone to be supplied to an approved naloxone worker—
if the approved naloxone worker has not completed specified training and been certified by the provider as competent to possess and supply Schedule 3 naloxone; and
(b) any other condition the Secretary considers is necessary for the proper obtaining, possession or supply of naloxone for the treatment of opioid overdoses.
(3) An approval under subregulation (1) takes effect—
Reg. 161E inserted by S.R. No. 113/2022 reg. 7.
161E Approved naloxone workers
(1) The Secretary, by notice published in the Government Gazette, may approve a specified class of persons who are engaged by approved naloxone providers (whether under a contract of employment, or as a volunteer or otherwise) for the purposes of the definition of approved naloxone worker in regulation 5(1).
(2) Without limiting subregulation (1), the Secretary may approve a specified class of person by reference to—
(a) a specified approved naloxone provider; or
(b) a specified class of approved naloxone providers.
(3) The Secretary may specify in an approval under subregulation (1) that the approval is subject to—
(a) a condition that the approved naloxone worker must not possess or supply Schedule 3 naloxone until the worker has been—
(i) provided with specified training; and
(ii) certified, by the approved naxolone provider that engages the worker, as competent to possess and supply Schedule 3 naloxone; and
(b) any other condition that the Secretary considers is necessary for the proper possession or supply of naloxone for the treatment of opioid overdoses.
(4) An approval under subregulation (1) takes effect—
Reg. 161F inserted by S.R. No. 124/2025 reg. 56.
161F Secretary may approve Schedule 4 or 8 poisons for obtaining, possession, supply or administration by registered Aboriginal and Torres Strait Islander health practitioners under instruction
(1) The Secretary, by notice published in the Government Gazette, may approve a Schedule 4 poison or Schedule 8 poison that a registered Aboriginal and Torres Strait Islander health practitioner is to be authorised to obtain, possess, supply and administer.
(2) The Secretary must not approve a Schedule 4 poison or Schedule 8 poison under subregulation (1) unless the Secretary considers that—
(b) it is within the competence of a registered Aboriginal and Torres Strait Islander health practitioner to obtain, possess, supply and administer the poison under the instruction of a registered medical practitioner, a dentist, a nurse practitioner, an authorised midwife, an authorised optometrist or an authorised podiatrist.
(3) The Secretary may specify in an approval under subregulation (1) that the approval is subject to any condition the Secretary considers is necessary for the proper obtaining, possession, supply or administration of a Schedule 4 poison or Schedule 8 poison.
(b) all registered Aboriginal and Torres Strait Islander health practitioners or a class of registered Aboriginal and Torres Strait Islander health practitioners.
Reg. 161G inserted by S.R. No. 124/2025 reg. 56.
161G Secretary may approve Schedule 2 poisons for obtaining, possession, supply or administration by registered Aboriginal and Torres Strait Islander health practitioners under instruction
(1) The Secretary, by notice published in the Government Gazette, may approve a Schedule 2 poison that a registered Aboriginal and Torres Strait Islander health practitioner is to be authorised to obtain, possess, supply and administer.
(b) it is within the competence of a registered Aboriginal and Torres Strait Islander health practitioner to obtain, possess, supply and administer the poison under the instruction of a registered medical practitioner, a dentist, a nurse practitioner, an authorised midwife, an authorised optometrist or an authorised podiatrist.
(3) The Secretary may specify in an approval under subregulation (1) that the approval is subject to any condition the Secretary considers is necessary for the proper obtaining, possession, supply or administration of a Schedule 2 poison.
(b) all registered Aboriginal and Torres Strait Islander health practitioners or a class of registered Aboriginal and Torres Strait Islander health practitioners.
Reg. 161H inserted by S.R. No. 124/2025 reg. 56.
161H Secretary may approve Schedule 3 poisons for obtaining, possession, supply or administration by registered Aboriginal and Torres Strait Islander health practitioners under instruction
(1) The Secretary, by notice published in the Government Gazette, may approve a Schedule 3 poison that a registered Aboriginal and Torres Strait Islander health practitioner is to be authorised to obtain, possess, supply and administer.
(b) it is within the competence of a registered Aboriginal and Torres Strait Islander health practitioner to obtain, possess, supply and administer the poison under the instruction of a registered medical practitioner, a dentist, a nurse practitioner, an authorised midwife, an authorised optometrist or an authorised podiatrist.
(3) The Secretary may specify in an approval under subregulation (1) that the approval is subject to any condition the Secretary considers is necessary for the proper obtaining, possession, supply or administration of a Schedule 3 poison.
(b) all registered Aboriginal and Torres Strait Islander health practitioners or a class of registered Aboriginal and Torres Strait Islander health practitioners.
Reg. 161I inserted by S.R. No. 124/2025 reg. 56.
161I Secretary may approve Schedule 2 poisons for obtaining, possession or administration by Aboriginal and Torres Strait Islander health workers
(1) The Secretary, by notice published in the Government Gazette, may approve a Schedule 2 poison that an Aboriginal and Torres Strait Islander health worker is to be authorised to obtain, possess and administer.
(b) it is within the competence of an Aboriginal and Torres Strait Islander health worker to obtain, possess and administer the poison under the instruction of a registered medical practitioner, a dentist, a nurse practitioner, an authorised midwife, an authorised optometrist or an authorised podiatrist.
(3) The Secretary may specify in an approval under subregulation (1) that the approval is subject to any condition the Secretary considers is necessary for the proper obtaining, possession or administration of a Schedule 2 poison.
(b) all Aboriginal and Torres Strait Islander health workers or a class of Aboriginal and Torres Strait Islander health workers.
Reg. 161J inserted by S.R. No. 124/2025 reg. 56.
161J Secretary may approve Schedule 3 poisons for obtaining, possession or administration by Aboriginal and Torres Strait Islander health workers
(1) The Secretary, by notice published in the Government Gazette, may approve a Schedule 3 poison that an Aboriginal and Torres Strait Islander health worker is to be authorised to obtain, possess and administer.
(b) it is within the competence of an Aboriginal and Torres Strait Islander health worker to obtain, possess and administer the poison under the instruction of a registered medical practitioner, a dentist, a nurse practitioner, an authorised midwife, an authorised optometrist or an authorised podiatrist.
(3) The Secretary may specify in an approval under subregulation (1) that the approval is subject to any condition the Secretary considers is necessary for the proper obtaining, possession, or administration of a Schedule 3 poison.
(b) all Aboriginal and Torres Strait Islander health workers or a class of Aboriginal and Torres Strait Islander health workers.
162 Secretary may approve manner in which person may write a prescription
(1) For the purposes of regulation 24(1), the Secretary may approve a manner in which a person may write a prescription.
(2) In approving a manner of writing a prescription under subregulation (1), the Secretary—
(a) must have regard to security; and
(b) must have regard to legibility; and
(c) may have regard to any other factors the Secretary considers relevant in the circumstances.
(3) An approval under subregulation (1) may be made in respect of—
(a) a specified person; or
(b) a class of person.
(4) On making an approval under subregulation (1) in respect of a specified person, the Secretary must give a copy of the approval to the person in respect of whom it is made.
(5) An approval under subregulation (1) made in respect of a specified person takes effect when it is made.
(6) On making an approval under subregulation (1) in respect of a class of person, the Secretary must publish the approval in the Government Gazette.
(7) An approval under subregulation (1) made in respect of a class of person takes effect—
Reg. 163 (Heading) amended by S.R. No. 105/2023 reg. 8(1).
163 Secretary may approve Schedule 4 poison that pharmacist may administer to a person without instruction
Reg. 163(1) substituted by S.R. No. 105/2023 reg. 8(2).
(1) The Secretary, by notice published in the Government Gazette, may approve a Schedule 4 poison that a pharmacist is to be authorised to administer to a person without an instruction from a registered medical practitioner, a dentist, a nurse practitioner or an authorised midwife.
(2) The Secretary must not approve a Schedule 4 poison under subregulation (1) unless the Secretary considers that the approval is necessary for the provision of health services and section 14A of the Act does not apply.
(3) The Secretary may specify in an approval under subregulation (1) that the approval is subject to—
(a) a condition that a pharmacist may administer the Schedule 4 poison specified in the approval only in premises that satisfy criteria specified in the approval; or
(b) a condition that a pharmacist may administer the Schedule 4 poison specified in the approval only if the pharmacist—
(c) a condition that a pharmacist may administer the Schedule 4 poison specified in the approval only to persons belonging to a class specified in the approval; or
(d) any other condition the Secretary considers is necessary for the proper administration of the Schedule 4 poison.
(b) all pharmacists or a class of pharmacists.
Reg. 163A inserted by S.R. No. 105/2023 reg. 9.
163A Secretary may approve Schedule 4 poison that pharmacist may sell, supply or administer for treatment of a person under the pharmacist's care without prescription or other instruction or authorisation
(1) The Secretary, by notice published in the Government Gazette, may approve a Schedule 4 poison that a pharmacist is to be authorised to sell, supply or administer for treatment of a person under the pharmacist's care without a prescription or other instruction or authorisation.
(2) The Secretary must not approve a Schedule 4 poison under subregulation (1) if the Schedule 4 poison is also a drug of dependence.
(3) The Secretary must not approve a Schedule 4 poison under subregulation (1) unless the Secretary considers that the approval is necessary for the provision of health services and section 14A of the Act does not apply.
(4) The Secretary may specify in an approval under subregulation (1) that the approval is subject to—
(a) a condition that a pharmacist may sell, supply or administer the Schedule 4 poison specified in the approval only in premises that satisfy criteria specified in the approval; or
(b) a condition that a pharmacist may sell, supply or administer the Schedule 4 poison specified in the approval only if the pharmacist—
(c) a condition that a pharmacist may sell, supply or administer the Schedule 4 poison specified in the approval only to persons belonging to a class specified in the approval; or
(d) any other condition the Secretary considers is necessary for the proper sale, supply or administration of the Schedule 4 poison.
(5) An approval under subregulation (1) may be made in respect of—
(b) all pharmacists or a class of pharmacists.
(6) An approval under subregulation (1) takes effect—
Reg. 163B inserted by S.R. No. 126/2024 reg. 19.
Section 161 - Drugs, Poisons and Controlled Substances Regulations 2017 - Secretary may approve Schedule 4, 8 or 9 poisons for possession by nurses or registered midwives | Zoe