Preliminary

sec.1 Short title

This regulation may be cited as the Medicines and Poisons (Poisons and Prohibited Substances) Regulation 2021 .

sec.2 Commencement

This regulation commences on 27 September 2021.

sec.3 Definitions

The dictionary in schedule 7 defines particular words used in this regulation.

sec.4 Application of regulation

This regulation applies in relation to a regulated activity that is a dealing with a poison or prohibited substance. 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. (sec.4-ssec.1) This regulation applies in relation to a regulated activity that is a dealing with a poison or prohibited substance. (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.

• (a) a dealing with an S7 poison authorised under section 60 of the Act ;
• (b) a pest management activity, or asking or directing another person to carry out a pest management activity;
• (c) disposing of waste from a fumigant or pesticide.
• 1 Section 60 of the Act applies in relation to particular dealings subject to work health and safety laws.
• 2 See the Poisons Standard, part 1 for the definition of therapeutic use .
• 3 See the Medicines and Poisons (Pest Management Activities) Regulation 2021 in relation to pest management activities.

Categories of poisons and prohibited substances

sec.5 Regulated poisons

A regulated poison is— a hazardous poison; or a prohibited substance, other than a prohibited substance used, or intended to be used, for a therapeutic use. See the Poisons Standard, part 1 for the definition of therapeutic use .

• (a) a hazardous poison; or
• (b) a prohibited substance, other than a prohibited substance used, or intended to be used, for a therapeutic use.

sec.6 S2, S3, S4 and S8 poisons

An S2 poison is an S2 medicine treated as a poison under section 12 (2) of the Act . An S3 poison is an S3 medicine treated as a poison under section 12 (2) of the Act . An S4 poison is an S4 medicine treated as a poison under section 12 (2) of the Act . An S8 poison is an S8 medicine treated as a poison under section 12 (2) of the Act . (sec.6-ssec.1) An S2 poison is an S2 medicine treated as a poison under section 12 (2) of the Act . (sec.6-ssec.2) An S3 poison is an S3 medicine treated as a poison under section 12 (2) of the Act . (sec.6-ssec.3) An S4 poison is an S4 medicine treated as a poison under section 12 (2) of the Act . (sec.6-ssec.4) An S8 poison is an S8 medicine treated as a poison under section 12 (2) of the Act .

sec.7 High-risk poisons

A 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. See the Poisons Standard, part 1 for the definition of therapeutic use .

sec.8 Restricted S7 poisons

A restricted S7 poison is an S7 poison stated in schedule 1 .

sec.9 Non-restricted S7 substances

A non-restricted S7 substance is an S7 substance that is not a restricted S7 poison.

sec.10 Low-risk fluoroacetic acid baits

A 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.

Authorisations and approval of departmental standards

sec.11 Approved persons— Act , s 54

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. 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. (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. (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.

• (a) as a member of the class of persons; and
• (b) within the scope for the dealing, if any.

sec.12 Departmental standards— Act , s 233

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. 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. (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. (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.

• (a) with that name; and
• (b) with the version number mentioned opposite that name.

Exemptions and exclusions

sec.13 Exemption for reference material— Act , s 7

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) . 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). s 13 amd 2023 SL No. 162 s 4 (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) . (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).

• (a) applying or using reference material containing 1 gram or less of a regulated poison at an analytical or chemical laboratory;
• (b) applying or using reference material containing 0.5 grams or less of a regulated poison in a portable testing device;
• (c) buying or possessing reference material for an activity mentioned in paragraph (a) or (b) .
• (a) AS ISO/IEC 17025:2018 (General requirements for the competence of testing and calibration laboratories); and
• (b) AS ISO/IEC 17034:2018 (General requirements for the competence of reference material producers).

sec.14 Excluded places— Act , s 60

For 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.

sec.15 Excluded S7 poisons— Act , s 60

For section 60 (3) of the Act , definition excluded S7 poison , a restricted S7 poison is prescribed to be an excluded S7 poison.

Preliminary

sec.16 Application of chapter— Act , s 70

For section 70 (1) (a) of the Act , this chapter prescribes standard conditions applying in relation to substance authorities authorising dealings with regulated poisons. See also chapter 3 for requirements prescribed under section 91 (1) of the Act .

Conditions for particular types of substance authorities

Manufacturing licences

sec.17 Application of division

This division applies in relation to a manufacturing licence authorising the manufacture of a regulated poison.

sec.18 Manufacturing supervisors

The holder of a manufacturing licence must appoint an appropriately qualified person to supervise manufacturing under the licence. 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. In this section— competency standard means the departmental standard called ‘Competency requirements for authority holders dealing with poisons’. (sec.18-ssec.1) The holder of a manufacturing licence must appoint an appropriately qualified person to supervise manufacturing under the licence. (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. (sec.18-ssec.3) In this section— competency standard means the departmental standard called ‘Competency requirements for authority holders dealing with poisons’.

• (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
• (b) the manufacture of a regulated poison under the licence is carried out under the supervision of the person.

sec.19 Quality control

The 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.

sec.20 Batch manufacturing records

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. 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. s 20 amd 2023 SL No. 162 s 5 (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. (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.

• (a) a unique identifier;
• (b) details of materials used in the manufacture;
• (c) the supplier of the materials for manufacture;
• (d) the procedures and controls used in manufacturing;
• (e) details of tests carried out during processing the batch;
• (f) if a stability study is carried out to test the shelf life and appropriate storage conditions of the batch—details of the study.

General approvals for controlling invasive animals

sec.21 Application of division

This division applies in relation to a general approval authorising a dealing with a restricted S7 poison to control an invasive animal.

sec.22 Competency for dealings

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. 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. 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. In this section— competency standard means the departmental standard called ‘Competency requirements for authority holders dealing with poisons’. s 22 amd 2023 SL No. 162 s 6 (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. (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. (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. (sec.22-ssec.4) In this section— competency standard means the departmental standard called ‘Competency requirements for authority holders dealing with poisons’.

• (a) has a statement of attainment stating the person has successfully completed the competency; or
• (b) has successfully completed training, approved by the chief executive, that is substantially equivalent to the competency.

Section sec.23

s 23 om 2023 SL No. 162 s 7

Conditions for particular regulated poisons

Possession of high-risk poisons

sec.24 Application of division

This division applies in relation to a substance authority authorising the possession of a high-risk poison.

sec.25 Definitions for division

In this division— high-risk poison register , for a substance authority, means the high-risk poison register kept for the authority under section 26 . portion , 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.

sec.26 Keeping register

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. 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. (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. (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.

• (a) how each portion of the total amount of the high-risk poison is dealt with; and
• (b) how much of the high-risk poison is possessed at any given time at each authorised place for the authority.

sec.27 Information that must be recorded in register

This section applies to each person carrying out a dealing with a portion of a high-risk poison under a substance authority. 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. (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. (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.

• (a) the date of the dealing;
• (b) the name, form, strength and amount of the portion;
• (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
• • apply a portion of heroin to testing equipment for calibration
• • dispose of a portion of 1,3-dimethylbutylamine by mixing it with reagents
• (d) the name, position and signature of the person;
• (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;
• (i) the person who supplied the portion; and
• (ii) the person to whom the portion was supplied;
• (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;
• (i) the name and position of the person who witnessed the destruction of the portion; and
• (ii) the method of destruction;
• (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.
• • apply a portion of heroin to testing equipment for calibration
• • dispose of a portion of 1,3-dimethylbutylamine by mixing it with reagents
• (i) the person who supplied the portion; and
• (ii) the person to whom the portion was supplied;
• (i) the name and position of the person who witnessed the destruction of the portion; and
• (ii) the method of destruction;

sec.28 Corrections to register

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) . 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. The person must not cancel, delete or obliterate the original entry when making the correction. (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) . (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. (sec.28-ssec.3) The person must not cancel, delete or obliterate the original entry when making the correction.

• (a) the date the correction is made;
• (b) the name and position of the person;
• (c) the name and position of another person who witnessed the person making the correction;
• (d) the reason for the correction.

sec.29 Electronic register

This section applies if the holder of a substance authority keeps a high-risk poison register in an electronic form. 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. 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. 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. (sec.29-ssec.1) This section applies if the holder of a substance authority keeps a high-risk poison register in an electronic form. (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. (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. (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.

• (a) a person can make entries in the register only by using the person’s secure system identifier provided by the holder; and
• (b) the person’s secure system identifier is automatically recorded with an entry in the register made by the person; and
• (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
• (d) the entries in the register are able to be easily reproduced on paper.

sec.30 Paper register

This section applies if the holder of a substance authority keeps a high-risk poison register in a paper form. 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. (sec.30-ssec.1) This section applies if the holder of a substance authority keeps a high-risk poison register in a paper form. (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.

• (a) a page can not be removed from the register without detection; and Example for paragraph (a) — a bound book with consecutively numbered pages
• (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.

sec.31 Reconciling register

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. The reconciliation must be done at least monthly. 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. (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. (sec.31-ssec.2) The reconciliation must be done at least monthly. (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.

sec.32 Reporting lost, stolen or destroyed register

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. The notice must be given to the chief executive as soon as practicable, and no later than 7 days, after the incident. (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. (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.

sec.33 Storing and transporting high-risk poison

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. 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. Subsection (4) applies if the substance authority is a wholesale licence or manufacturing licence. 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. (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. (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. (sec.33-ssec.3) Subsection (4) applies if the substance authority is a wholesale licence or manufacturing licence. (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.

• (a) a high-risk poison possessed under the authority is stored in a secure area; and
• (b) if the high-risk poison is transported in a vehicle—the poison is stored in a secure area of the vehicle.

Disposal of high-risk poisons

sec.34 Application of division

This division applies in relation to a substance authority authorising the disposal of waste from a high-risk poison.

sec.35 Destroying high-risk poison

The 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— an inspector; or another person stated in the authority as being authorised to supervise the destruction of the poison.

• (a) an inspector; or
• (b) another person stated in the authority as being authorised to supervise the destruction of the poison.

Possession of particular hazardous poisons

sec.36 Storage of S2, S3 or S4 poison

This section applies in relation to a substance authority authorising the possession of an S2, S3 or S4 poison. 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. 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. (sec.36-ssec.1) This section applies in relation to a substance authority authorising the possession of an S2, S3 or S4 poison. (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. (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.

Disposal of particular hazardous poisons

sec.37 Application of division

This division applies in relation to a substance authority authorising the disposal of waste from an S2, S3 or S4 poison or an S7 substance.

sec.38 Disposal of S2, S3 or S4 poison or S7 substance

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. 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 (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. (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

• (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
• (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.

Notification conditions

Conditions for all regulated poisons

sec.39 Application of division

This division applies in relation to a substance authority authorising a dealing with a regulated poison.

sec.40 Particular changes to persons or places

The holder of a substance authority must give the chief executive notice if any of the following changes are proposed by the holder— a change to an authorised place for the authority; a change to a relevant person stated in the authority; if the substance authority is a manufacturing licence—a change to the person who is appointed to supervise manufacturing under the licence.

• (a) a change to an authorised place for the authority;
• (b) a change to a relevant person stated in the authority;
• (c) if the substance authority is a manufacturing licence—a change to the person who is appointed to supervise manufacturing under the licence.

sec.41 Stopping dealing

This section applies if the holder of a substance authority proposes to stop carrying out a dealing with a regulated poison under the authority. 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. (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. (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.

• (a) the day the dealing is proposed to stop;
• (b) the amount of regulated poison that is likely to be unused on the day mentioned in paragraph (a) , if any;
• (c) how the person proposes to deal with any unused poison.

Conditions for restricted S7 or high-risk poisons

sec.42 Application of division

This division applies in relation to a substance authority authorising a dealing with a restricted S7 poison or high-risk poison.

sec.43 Loss of, or exposure to, poison

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. 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. If the notification is given orally, the holder must give the chief executive a later written notice within 7 days after the incident happens. (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. (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. (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.

• (a) an amount of a restricted S7 poison or high-risk poison possessed under the authority is not accounted for;
• (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.
• (a) be given as soon as practicable after the incident happens; and
• (b) include enough particulars to identify the nature of the incident and its location.

Preliminary

sec.44 Application of chapter— Act , s 91

For 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. See section 91 (3) of the Act in relation to the matters to which the requirements under this chapter are subject. 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.

• 1 See section 91 (3) of the Act in relation to the matters to which the requirements under this chapter are subject.
• 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.

Buying regulated poisons by wholesale

sec.45 Application of part

This part applies to a person (a buyer ) who is authorised to buy a regulated poison. However, this part does not apply in relation to a dealing that is buying a regulated poison from a supplier by retail. (sec.45-ssec.1) This part applies to a person (a buyer ) who is authorised to buy a regulated poison. (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.

sec.46 Definition for part

In this part— supplier , of a regulated poison, means a person authorised under the Act , or permitted under a corresponding law or another law, to supply the poison.

sec.47 Buyer must give purchase order

A 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.

sec.48 Purchase order requirements

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. 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. s 48 amd 2023 SL No. 162 s 9 (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. (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.

• (a) the date of the purchase order;
• (b) the name and contact details of the buyer;
• (c) if the buyer carries on a business—the buyer’s ABN;
• (d) the details of the buyer’s authorisation under the Act to buy the poison;
• (e) for a regulated poison other than a high-risk poison—the name and amount of the poison;
• (f) for a high-risk poison—the name, form, strength and amount of the poison;
• (g) if the poison is to be delivered to the buyer—the physical address of the buyer for delivery.
• (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
• (i) minimise fraud or tampering; and
• (ii) allow the purchase order to be amended only by the buyer or supplier; and
• (b) be signed by the buyer or marked with a unique identifier for the buyer.
• (i) minimise fraud or tampering; and
• (ii) allow the purchase order to be amended only by the buyer or supplier; and

sec.49 Buyer must give information about authorisation

A 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.

sec.50 Buyer to keep invoice

If a buyer receives an invoice from a supplier for the supply of a regulated poison to the buyer, the buyer must keep the invoice.

Supplying regulated poisons

Supply to buyers

sec.51 Application of division

This division applies to a person (a supplier ) who is authorised to supply a regulated poison.

sec.52 Definition for division

In this division— buyer , of a regulated poison, means a person buying, or attempting to buy, the poison.

sec.53 Supply to authorised buyer only

A 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.

sec.54 Labels and containers to comply with Poisons Standard or approved alternatives

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. 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. 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. 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. s 54 amd 2023 SL No. 162 s 10 (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. (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. (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. (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.

• (a) the requirements for labelling the poison stated in the Poisons Standard, part 2, division 2 ; or
• (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.
• (a) the requirements for a container of the poison stated in the Poisons Standard, part 2, division 3 ; or
• (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.
• (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
• (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.

sec.55 Supplier must give invoice

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. The supplier must keep a copy of the invoice or the information stated in the invoice. s 55 amd 2023 SL No. 162 s 11 (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. (sec.55-ssec.2) The supplier must keep a copy of the invoice or the information stated in the invoice.

• (a) a unique identifier for the invoice;
• (b) the date of the supply;
• (c) the name and contact details of the buyer;
• (d) if the buyer carries on a business—the buyer’s ABN;
• (e) for a regulated poison other than a high-risk poison—the name and amount of the poison;
• (f) for a high-risk poison—the name, form, strength and amount of the poison.

sec.56 Supplier to ensure buyer confirms receipt of restricted S7 or high-risk poisons

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. 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. (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. (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.

• (a) the buyer signs a document confirming receipt of the poison; or
• (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.

sec.57 Direct delivery

This section applies if a supplier arranges delivery of a regulated poison to a buyer. 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. (sec.57-ssec.1) This section applies if a supplier arranges delivery of a regulated poison to a buyer. (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.

Section sec.58

s 58 om 2023 SL No. 162 s 12

Section sec.59

s 59 om 2023 SL No. 162 s 12

Supply of liquid paraquat

sec.60 Application of division

This division applies to a person who is authorised to supply an S7 substance that is liquid paraquat.

sec.61 Treating liquid paraquat

Before a person supplies liquid paraquat, the person must ensure it is— coloured to appear blue or green; and treated with a sufficient amount of a stenching agent to make the paraquat smell offensive.

• (a) coloured to appear blue or green; and
• (b) treated with a sufficient amount of a stenching agent to make the paraquat smell offensive.

Other dealings with regulated poisons

sec.62 Applying regulated poisons safely

A person who is authorised to apply a regulated poison must apply the poison— if the poison has an approved label—in accordance with the approved label; or otherwise—in a way that does not cause, or is not likely to cause, a health risk. s 62 amd 2023 SL No. 162 s 13

• (a) if the poison has an approved label—in accordance with the approved label; or
• (b) otherwise—in a way that does not cause, or is not likely to cause, a health risk.

Section sec.63

s 63 om 2023 SL No. 162 s 14

sec.64 Storing and transporting S7 substances

This section applies to a person authorised to possess an S7 substance, including a restricted S7 poison. 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. Subsection (2) does not prevent the person taking steps that are reasonably necessary for otherwise dealing with the S7 substance in the authorised way. (sec.64-ssec.1) This section applies to a person authorised to possess an S7 substance, including a restricted S7 poison. (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. (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.

• (a) the S7 substance is stored in a secure area; and
• (b) if the S7 substance is transported in a vehicle—the substance is stored in a secure area of the vehicle.

sec.65 Disposal of waste from low-risk fluoroacetic acid baits

A 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. burying the bait in a deep pit s 65 amd 2023 SL No. 162 s 15

S5 and S6 poisons

Supplying S5 and S6 poisons

sec.69 Compliance with Poisons Standard or approved alternatives

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. 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. 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. 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. s 69 amd 2023 SL No. 162 s 16 (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. (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. (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. (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.

• (a) the requirements for labelling the poison stated in the Poisons Standard, part 2, division 2 ; or
• (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.
• (a) the requirements for a container of the poison stated in the Poisons Standard, part 2, division 3 ; or
• (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.
• (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
• (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.

sec.70 Retail sale and storage of S6 poisons

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 . 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. (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 . (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.

• (a) is stored or sold in child-resistant packaging; or
• (b) is not stored or sold within reach of children under 4 years.

sec.71 Supplying unsolicited S5 and S6 poison samples

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. 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 (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. (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

Possessing S5 and S6 poisons

sec.72 Definitions for division

In this division— compliant container , of an S5 or S6 poison, means a container complying with section 69 or an equivalent requirement under a corresponding law. signal word — for an S5 poison—means ‘caution’; or for an S6 substance—means ‘poison’.

• (a) for an S5 poison—means ‘caution’; or
• (b) for an S6 substance—means ‘poison’.

sec.73 Interfering with labelling

A person must not change, cover, deface or remove an approved label on a compliant container of an S5 or S6 poison. Maximum penalty—40 penalty units.

sec.74 Decanting poisons

A person must not decant an S5 or S6 poison from a compliant container into a new container unless the new container is labelled with— the approved name of the poison; and See the Poisons Standard, part 1 for the definition of approved name . the signal word for the poison in capital letters. Maximum penalty—40 penalty units.

• (a) the approved name of the poison; and Note— See the Poisons Standard, part 1 for the definition of approved name .
• (b) the signal word for the poison in capital letters.

sec.75 Cracked and damaged packaging

If a person becomes aware that a compliant container of an S5 or S6 poison is cracked or damaged, the person must immediately— if the contents are to be applied by the person— empty the poison into another container; and label the other container with the approved name of the poison and the signal word for the poison in capital letters; or See the Poisons Standard, part 1 for the definition of approved name . otherwise—dispose of the contents lawfully. Maximum penalty—40 penalty units.

• (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 .
• (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 .
• (b) otherwise—dispose of the contents lawfully.
• (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 .

sec.76 Contaminating food or drink containers

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. 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. 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. (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. (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. (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.

• (a) is used, or is of a type commonly used, to hold an S5 or S6 poison; or
• (b) has an approved label attached showing the container has been used to hold an S5 or S6 poison.

Disposing of waste from S5 and S6 poisons

sec.77 Safe disposal of waste

A 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. Maximum penalty—40 penalty units.

Advertising

sec.78 Unlawful advertising of prohibited substances

A person must not advertise, or cause a person to advertise, a prohibited substance. Maximum penalty—80 penalty units. 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) . (sec.78-ssec.1) A person must not advertise, or cause a person to advertise, a prohibited substance. Maximum penalty—80 penalty units. (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) .

• (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
• (b) an advertisement of Cannabis sativa in connection with an activity authorised under the Drugs Misuse Act 1986 , section 47 or 48 (1) .

sec.79 Unlawful advertising of hazardous poisons

A person must not advertise, or cause a person to advertise, a hazardous poison. Maximum penalty—80 penalty units. 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. 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 . (sec.79-ssec.1) A person must not advertise, or cause a person to advertise, a hazardous poison. Maximum penalty—80 penalty units. (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. (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 .

• (a) persons applying the poison in a workplace; or
• (b) persons authorised under the Act , or permitted under a corresponding law or another law, to supply the poison.

Record keeping

sec.80 Recording information

This section applies if a person records information in writing to comply with a requirement under this regulation. 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. 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. (sec.80-ssec.1) This section applies if a person records information in writing to comply with a requirement under this regulation. (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. (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.

• (a) is written in English; and
• (b) if the information is recorded on paper—is marked legibly in ink.
• (a) does not prevent the person also writing the information in another language to help someone understand the information; and
• (b) does not apply in relation to the person’s signature.

sec.81 Keeping information

This section applies if a person is required to record or keep information to comply with a requirement under this regulation. 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. (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. (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.

• (a) is readily retrievable; and
• (b) can not be altered, obliterated, deleted or removed without detection; and
• (c) is kept for 5 years after the day it is recorded.

Administration by chief executive

sec.82 Chief executive may approve alternative ways of labelling or packaging poisons

The chief executive may approve a way (an alternative way ) of labelling or packaging a poison that is different to the Poisons Standard. 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. 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. 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. 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 . 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. (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. (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. (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. (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. (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 . (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.

• (a) the requirements of the alternative way; and
• (b) the day, no earlier than the day the notice is published, that the approval of the alternative way takes effect; and
• (c) the period, if any, for which the approval of the alternative way has effect.

sec.83 Replacing lost, stolen or damaged hard copy substance authorities

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. The person may apply to the chief executive for a replacement of the document if the document is lost, stolen or damaged. The application must be— made in the approved form; and accompanied by the fee stated in schedule 6 . (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. (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. (sec.83-ssec.3) The application must be— made in the approved form; and accompanied by the fee stated in schedule 6 .

• (a) made in the approved form; and
• (b) accompanied by the fee stated in schedule 6 .

Fees

General

sec.84 Definitions for part and schedule 6

In this part and schedule 6 — licensing fee means a fee for an application relating to a substance authority stated in schedule 6 , items 1 to 6. site , 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.

sec.85 Fees payable generally

The fees payable under the Act in relation to a substance authority for a dealing with a regulated poison are stated in schedule 6 . A licensing fee for a substance authority is payable for each site for the authority for each year of the term of the authority. 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. (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 . (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. (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.

Exemptions

sec.86 Manufacturing licence for hazardous poisons

No licensing fee is payable for an initial application or renewal application for a manufacturing licence for a hazardous poison (each a later application ) if— 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 the site the subject of the later application is the same as the site the subject of the first application; and the term proposed for the later application ends no later than the last month of— the term proposed for the first application; or if the chief executive has granted the first application—the term of the substance authority granted on the first application; and all fees payable under the Act for the first application have been paid.

• (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
• (b) the site the subject of the later application is the same as the site the subject of the first application; and
• (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
• (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
• (d) all fees payable under the Act for the first application have been paid.
• (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

sec.87 Wholesale licence for hazardous poisons

No licensing fee is payable for an initial application or renewal application for a wholesale licence for a hazardous poison (each a later application ) if— 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 the site the subject of the later application is the same as the site the subject of the first application; and the term proposed for the later application ends no later than the last month of— the term proposed for the first application; or if the chief executive has granted the first application—the term of the substance authority granted on the first application; and all fees payable under the Act for the first application have been paid.

• (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
• (b) the site the subject of the later application is the same as the site the subject of the first application; and
• (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
• (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
• (d) all fees payable under the Act for the first application have been paid.
• (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

Refunds

sec.88 Rejected or withdrawn application

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. The chief executive must refund the applicant the licensing fee for the application. (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. (sec.88-ssec.2) The chief executive must refund the applicant the licensing fee for the application.

• (a) an applicant has paid the licensing fee for an application for a substance authority for a hazardous poison; and
• (b) the application is refused by the chief executive or withdrawn by the applicant.

sec.89 Authority granted for shorter term

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. 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. No refund is payable if the amount under subsection (2) is zero or less than zero. (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. (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. (sec.89-ssec.3) No refund is payable if the amount under subsection (2) is zero or less than zero.

• (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
• (b) the application is granted for a period (the granted term ) that is shorter than the proposed term.

sec.90 Surrender of authority

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. 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. No refund is payable if the amount under subsection (2) is zero or less than zero. (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. (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. (sec.90-ssec.3) No refund is payable if the amount under subsection (2) is zero or less than zero.

• (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
• (b) the substance authority is surrendered before the end of the granted term.

Transitional provisions for SL No. 141 of 2021

sec.91 Certified way of packaging

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. 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. (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. (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.

• (a) the chief executive certified a container for packing a poison under the repealed Health (Drugs and Poisons) Regulation 1996 , section 10 (3) ; and
• (b) the certification was in effect immediately before the commencement.
• (a) if an expiry day is stated in the certification—the stated day; or
• (b) otherwise—the day that is 1 year after the commencement.

sec.92 Certified way of labelling

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. 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. (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. (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.

• (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
• (b) the certification was in effect immediately before the commencement.
• (a) if an expiry day is stated in the certification—the stated day; or
• (b) otherwise—the day that is 1 year after the commencement.

Transitional provision for Health Legislation Amendment Regulation (No. 2) 2025

sec.93 Application of amended schedule 6, items 7 and 8 from 27 September 2021

Amended schedule 6, items 7 and 8 are taken to have applied from 27 September 2021. This regulation commenced on 27 September 2021. 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 . s 93 ins 2025 SL No. 151 s 12 (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. (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 .

Aerial distributors

Commercial pilots

sch.2-sec.1 Class of person

A person who— holds a commercial pilot licence issued by CASA that is endorsed with an aerial application rating; and has spraysafe accreditation issued by the Aerial Application Association of Australia Ltd; and is employed to aerially distribute a poison.

• (a) holds a commercial pilot licence issued by CASA that is endorsed with an aerial application rating; and
• (b) has spraysafe accreditation issued by the Aerial Application Association of Australia Ltd; and
• (c) is employed to aerially distribute a poison.

sch.2-sec.2 Dealing authorised

Column 1 Dealing Column 2 Regulated poison Column 3 Scope of dealing 1 possess a low-risk fluoroacetic acid bait 2 apply a low-risk fluoroacetic acid bait the poison is applied by aerial distribution 3 dispose waste from a low-risk fluoroacetic acid bait

Pilots of remotely piloted aircraft

sch.2-sec.3 Class of person

A person who— holds a remote pilot licence issued by CASA; and has— a chemical competency certificate; or spraysafe accreditation issued by the Aerial Application Association of Australia Ltd; and is employed to aerially distribute a poison.

• (a) holds a remote pilot licence issued by CASA; and
• (b) has— (i) a chemical competency certificate; or (ii) spraysafe accreditation issued by the Aerial Application Association of Australia Ltd; and
• (i) a chemical competency certificate; or
• (ii) spraysafe accreditation issued by the Aerial Application Association of Australia Ltd; and
• (c) is employed to aerially distribute a poison.
• (i) a chemical competency certificate; or
• (ii) spraysafe accreditation issued by the Aerial Application Association of Australia Ltd; and

sch.2-sec.4 Dealing authorised

Column 1 Dealing Column 2 Regulated poison Column 3 Scope of dealing 1 possess a low-risk fluoroacetic acid bait 2 apply a low-risk fluoroacetic acid bait the poison is applied by aerial distribution 3 dispose waste from a low-risk fluoroacetic acid bait

Aerial operators

sch.2-sec.5 Class of person

A person who— holds an air operator’s certificate issued by CASA that is endorsed with an aerial application rating; and is employed to aerially distribute a poison.

• (a) holds an air operator’s certificate issued by CASA that is endorsed with an aerial application rating; and
• (b) is employed to aerially distribute a poison.

sch.2-sec.6 Dealing authorised

Column 1 Dealing Column 2 Regulated poison Column 3 Scope of dealing 1 buy a low-risk fluoroacetic acid bait the poison is bought for aerial distribution 2 possess a low-risk fluoroacetic acid bait 3 supply a low-risk fluoroacetic acid bait the poison is supplied to a person authorised to apply the poison by aerial distribution 4 dispose waste from a low-risk fluoroacetic acid bait

Operators of remotely piloted aircraft

sch.2-sec.7 Class of person

A person who— holds a remotely piloted aircraft operator’s certificate issued by CASA; and is employed to aerially distribute a poison.

• (a) holds a remotely piloted aircraft operator’s certificate issued by CASA; and
• (b) is employed to aerially distribute a poison.

sch.2-sec.8 Dealing authorised

Column 1 Dealing Column 2 Regulated poison Column 3 Scope of dealing 1 buy a low-risk fluoroacetic acid bait the poison is bought for aerial distribution 2 possess a low-risk fluoroacetic acid bait 3 supply a low-risk fluoroacetic acid bait the poison is supplied to a person authorised to apply the poison by aerial distribution 4 dispose waste from a low-risk fluoroacetic acid bait

Carriers

sch.2-sec.9 Class of person

A 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.

sch.2-sec.10 Dealing authorised

Column 1 Dealing Column 2 Regulated poison Column 3 Scope of dealing 1 possess a regulated poison the poison is possessed for the purposes of delivering the poison under any conditions applying in relation to the supply of the poison

Invasive animal controllers

Biosecurity officers

sch.2-sec.11 Class of person

An authorised officer under the Biosecurity Act 2014 who has a baiting competency certificate.

sch.2-sec.12 Dealing authorised

Column 1 Dealing Column 2 Regulated poison Column 3 Scope of dealing 1 manufacture a low-risk fluoroacetic acid bait the poison is manufactured— in accordance with the approved label of the fluoroacetic acid contained in the bait; and for immediate use by another person to control an invasive animal on the person’s land or premises 2 possess a low-risk fluoroacetic acid bait the poison is possessed to control an invasive animal 3 supply a low-risk fluoroacetic acid bait the poison is supplied to another person to control an invasive animal on the person’s land or premises; and the 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 4 apply a low-risk fluoroacetic acid bait the poison is applied to control an invasive animal 5 dispose waste from a low-risk fluoroacetic acid bait sch 2 s 12 sub 2023 SL No. 162 s 17 (1)

Nature conservation officers

sch.2-sec.13 Class of person

An authorised person under the Nature Conservation Act 1992 who has a baiting competency certificate.

sch.2-sec.14 Dealing authorised

Column 1 Dealing Column 2 Regulated poison Column 3 Scope of dealing 1 manufacture a low-risk fluoroacetic acid bait the poison is manufactured— in accordance with the approved label of the fluoroacetic acid contained in the bait; and for immediate use by another person to control an invasive animal on the person’s land or premises 2 possess a low-risk fluoroacetic acid bait the poison is possessed to control an invasive animal 3 supply a low-risk fluoroacetic acid bait the poison is supplied to another person to control an invasive animal on the person’s land or premises; and the 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 4 apply a low-risk fluoroacetic acid bait the poison is applied to control an invasive animal 5 dispose waste from a low-risk fluoroacetic acid bait sch 2 s 14 sub 2023 SL No. 162 s 17 (2)

Rural landholders and their adult employees and agents

sch.2-sec.15 Class of person

A person who is the owner or occupier of land or premises in a rural area.

sch.2-sec.16 Dealing authorised

Column 1 Dealing Column 2 Regulated poison Column 3 Scope of dealing 1 possess a low-risk fluoroacetic acid bait the poison is supplied by an approved person under division 1 or 2 , and is possessed to control an invasive animal 2 apply a low-risk fluoroacetic acid bait the poison is supplied by an approved person under division 1 or 2 , and is applied to control an invasive animal 3 dispose waste from a low-risk fluoroacetic acid bait

sch.2-sec.17 Class of person

An adult who is employed by, or acting as an agent for, a person mentioned in section 15 (the landholder ).

sch.2-sec.18 Dealing authorised

Column 1 Dealing Column 2 Regulated poison Column 3 Scope of dealing 1 possess a low-risk fluoroacetic acid bait the poison is supplied to the landholder by an approved person under division 1 or 2 , and is possessed to control an invasive animal 2 apply a low-risk fluoroacetic acid bait the poison is supplied to the landholder by an approved person under division 1 or 2 , and is applied to control an invasive animal 3 dispose waste from a low-risk fluoroacetic acid bait

Primary producers

sch.2-sec.18A Class of person

A person (a primary producer ) who commercially produces agricultural or horticultural products. sch 2 s 18A ins 2023 SL No. 162 s 17 (3)

sch.2-sec.18B Dealing authorised

Column 1 Dealing Column 2 Regulated poison Column 3 Scope of dealing 1 possess a gaseous poison the poison is possessed to control a burrowing invasive animal 2 apply a gaseous poison the poison is applied to control a burrowing invasive animal 3 dispose a gaseous poison sch 2 s 18B ins 2023 SL No. 162 s 17 (3)

Persons with particular competencies

sch.2-sec.18C Class of person

A person who has a burrowing invasive animal competency certificate. sch 2 s 18C ins 2023 SL No. 162 s 17 (3)

sch.2-sec.18D Dealing authorised

Column 1 Dealing Column 2 Regulated poison Column 3 Scope of dealing 1 possess a gaseous poison the poison is possessed to control a burrowing invasive animal 2 apply a gaseous poison the poison is applied to control a burrowing invasive animal 3 dispose a gaseous poison sch 2 s 18D ins 2023 SL No. 162 s 17 (3)

Local governments and their employees

Local government

sch.2-sec.19 Class of person

A local government or the chief executive officer of a local government.

sch.2-sec.20 Dealing authorised

Column 1 Dealing Column 2 Regulated poison Column 3 Scope of dealing 1 possess a non-restricted S7 substance 2 supply a non-restricted S7 substance the poison is supplied— in the course of providing a service to the public; or to an owner or occupier of land for managing weeds or vegetation on the land 3 dispose waste from a non-restricted S7 substance

Local government employees

sch.2-sec.21 Class of person

A person who is employed by a local government.

sch.2-sec.22 Dealing authorised

Column 1 Dealing Column 2 Regulated poison Column 3 Scope of dealing 1 possess a non-restricted S7 substance 2 supply a non-restricted S7 substance the poison is supplied— in the course of providing a service to the public; or to an owner or occupier of land for managing weeds or vegetation on the land 3 dispose waste from a non-restricted S7 substance

Pest management service providers

Business owners

sch.2-sec.23 Class of person

A business operator under the Medicines and Poisons (Pest Management Activities) Regulation 2021 .

sch.2-sec.24 Dealing authorised

Column 1 Dealing Column 2 Regulated poison Column 3 Scope of dealing 1 buy an S7 substance the poison is bought for the operator’s pest management business 2 possess an S7 substance the poison is possessed for the operator’s pest management business

Qualified persons

sch.2-sec.25 Class of person

A qualified person under the Medicines and Poisons (Pest Management Activities) Regulation 2021 .

sch.2-sec.26 Dealing authorised

Column 1 Dealing Column 2 Regulated poison Column 3 Scope of dealing 1 buy an S7 substance the poison is bought for carrying out a pest management activity for which the qualified person is authorised under the Act 2 possess an S7 substance the poison is possessed for carrying out a pest management activity for which the qualified person is authorised under the Act

Pharmaceutical professions

Pharmacists

sch.2-sec.27 Class of person

A pharmacist who owns, or is an employee of, a community pharmacy.

sch.2-sec.28 Dealing authorised

Column 1 Dealing Column 2 Regulated poison Column 3 Scope of dealing 1 buy a non-restricted S7 substance, cyanide or strychnine 2 possess a non-restricted S7 substance, cyanide or strychnine 3 supply a non-restricted S7 substance, cyanide or strychnine 4 dispose waste from a non-restricted S7 substance, cyanide or strychnine

Other employees of community pharmacies

sch.2-sec.29 Class of person

A person, other than a pharmacist, who is an employee of a community pharmacy.

sch.2-sec.30 Dealing authorised

Column 1 Dealing Column 2 Regulated poison Column 3 Scope of dealing 1 possess a non-restricted S7 substance, cyanide or strychnine 2 supply a non-restricted S7 substance, cyanide or strychnine the poison is supplied under the supervision of a pharmacist at the premises of the community pharmacy

Suppliers from other jurisdictions

sch.2-sec.31 Class of person

A person who is permitted under a corresponding law to supply a regulated poison, whether by wholesale or retail.

sch.2-sec.32 Dealing authorised

Column 1 Dealing Column 2 Regulated poison Column 3 Scope of dealing 1 supply a regulated poison the poison is supplied in compliance with any conditions of the person’s permission under the corresponding law; and the 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 the person does not— possess the poison by storing it at a place in Queensland; or arrange for the poison to be collected from a storage facility located in Queensland; and the supply is not otherwise authorised under section 50 of the Act

Veterinary professions

Veterinary surgeons

sch.2-sec.33 Class of person

A veterinary surgeon.

sch.2-sec.34 Dealing authorised

Column 1 Dealing Column 2 Regulated poison Column 3 Scope of dealing 1 buy a non-restricted S7 substance the poison is bought for animal treatment 2 possess a non-restricted S7 substance 3 supply a non-restricted S7 substance the poison is supplied for animal treatment 4 apply a non-restricted S7 substance the poison is applied for animal treatment 5 dispose waste from a non-restricted S7 substance

Employees at veterinary premises

sch.2-sec.35 Class of person

A person who is employed at veterinary premises under the Veterinary Surgeons Act 1936 .

sch.2-sec.36 Dealing authorised

Column 1 Dealing Column 2 Regulated poison Column 3 Scope of dealing 1 possess a non-restricted S7 substance the poison is possessed for animal treatment under the supervision of a veterinary surgeon at the veterinary premises 2 supply a non-restricted S7 substance the poison is supplied for animal treatment under the supervision of a veterinary surgeon at the veterinary premises 3 apply a non-restricted S7 substance the poison is applied for animal treatment under the supervision of a veterinary surgeon at the veterinary premises 4 dispose waste from a non-restricted S7 substance the waste is disposed of under the supervision of a veterinary surgeon at the veterinary premises