Sch 6nitrous oxide means nitrous oxide classified as a Schedule 6 poison under regulation 6.

Schedule 6 nitrous oxide means nitrous oxide classified as a Schedule 6 poison under regulation 6. [Regulation 148D inserted: SL 2024/224 r. 4.] ##### 148E. Supply of Schedule 6 nitrous oxide (1) For the purposes of section 15(1)(b), a person does not commit an offence under section 15(1) of supplying Schedule 6 nitrous oxide if the supply is — (a) from a manufacturer to a wholesaler or retailer; or (b) from a wholesaler to a wholesaler or retailer; or (c) in an immediate container also containing sulfur dioxide; or (d) to an approved recipient in an immediate container containing 10 g or less of nitrous oxide. (2) For the purposes of subregulation (1)(d), each of the following is an approved recipient — (a) the proprietor (as defined in the *Food Act 2008* section 8) of a food business registered under the *Food Act 2008* Part 9; (b) the holder of a licence granted under the *Liquor Control Act 1988* (other than a liquor store licence as defined in section 3(1) of that Act); (c) a college established under the *Vocational Education and Training Act 1996* section 35; (d) a government school, or a non‑government school, as those terms are defined in the *School Education Act 1999* section 4; (e) a university established under a written law; (f) a person who carries on a business of providing cooking education and training. [Regulation 148E inserted: SL 2024/224 r. 4.] ##### 148F. Record of supply of Schedule 6 nitrous oxide (1) A person who supplies Schedule 6 nitrous oxide must keep a proper record of the supply. (2) For the purposes of subregulation (1), a proper record of a supply is kept if a written record is — (a) made of the following information — (i) the date on which the nitrous oxide is supplied; (ii) the brand, form and quantity of the nitrous oxide supplied; (iii) the name, business address and delivery address (if applicable) of the person to whom the nitrous oxide is supplied; and (b) kept for at least 2 years from the date on which the nitrous oxide is supplied. [Regulation 148F inserted: SL 2024/224 r. 4.] ## Part 13 — Transitional matters ##### 149. Terms used commencement day has the meaning given in section 140; repealed Act has the meaning given in section 140; repealed regulations means the *Poisons Regulations 1965* as in force immediately before commencement day. ##### 150. Continuation of licences and permits (s. 141) (1) For the purposes of section 141(1), a licence of a type referred to in column 1 of an item in the Table is taken to be a licence of a type referred to in column 2 of the Table for the same item. | **Item** | **Column 1**<br>**Type of licence under repealed Act** | **Column 2**<br>**Type of licence under Act** | | 1. | Wholesaler’s licence referred to in regulation 3 of the repealed regulations | Wholesaler’s/ manufacturer’s licence | | 2. | Retailer’s licence to sell Schedule 2 poisons referred to in regulation 7 of the repealed regulations | Schedule 2 retail licence | | 3. | Retailer’s licence to sell Schedule 7 poisons referred to in regulation 8 of the repealed regulations | Schedule 7 retail licence | (2) For the purposes of section 141(2), a permit of a type referred to in column 1 of an item in the Table is taken to be a permit of a type referred to in column 2 of the Table for the same item. | **Item** | **Column 1**<br>**Type of permit under repealed Act** | **Column 2**<br>**Type of permit under Act** | | 1. | Permit referred to in regulation 8A of the repealed regulations | Pharmaceutical samples permit | | 2. | Permit referred to in regulation 9 of the repealed regulations other than a permit referred to in item 3 | Industrial permit | | 3. | Permit referred to in regulation 9 of the repealed regulations with conditions relating to the treatment of animals | Veterinary practice permit | | 4. | Permit referred to in regulation 10 of the repealed regulations | Research/ Education permit | | 5. | Permit referred to in regulation 10AA of the repealed regulations | Health service permit | | 6. | Permit referred to in regulation 10A of the repealed regulations other than a permit referred to in item 7 or 8 | Health service permit — Department/ hospital | | 7. | Permit referred to in regulation 10A of the repealed regulations with conditions relating to the provision of health services on behalf of a public sector agency | Health service permit — Public sector agency | | 8. | Permit referred to in regulation 10A of the repealed regulations with conditions relating to the carrying out of activities of a public sector agency | Government permit | | 9. | Permit referred to in regulation 39A(3) of the repealed regulations | Stockfeed manufacture permit | ##### 151. Manufacture, supply and use of Schedule 9 poisons for research (1) A person who, immediately before commencement day, was authorised by an order made under section 41 of the repealed Act to manufacture or supply a Schedule 9 poison is taken to be the holder of a Schedule 9 licence for the period of 12 months beginning on commencement day. (2) A person who is taken to be the holder of a licence under subregulation (1) is not eligible to apply for the renewal of the licence. (3) A person who, immediately before commencement day, was authorised by an order made under section 41 of the repealed Act to use a Schedule 9 poison is taken to be the holder of a Schedule 9 permit for the period of 12 months beginning on commencement day. (4) A person who is taken to be the holder of a permit under subregulation (3) is not eligible to apply for the renewal of the permit. (5) Nothing in this regulation prevents a person from applying for a Schedule 9 licence or a Schedule 9 permit. ##### 152. Containers and labels exemption means an exemption given under section 50(3) of the repealed Act that is in force immediately before commencement day; non‑compliant container or label means — (a) a container that does not comply with regulation 82(a) or 83(a); or (b) a label that does not comply with regulation 82(b). (2) If an exemption authorises a person to use a non‑compliant container or label, the exemption is taken, on and from commencement day, to be an authorisation for the purposes of regulation 84(4) or (5) to the extent that the exemption authorises the use of a non‑compliant container or label. (3) An approval of a container or label given under regulation 25 of the repealed regulations that is in force immediately before commencement day is taken, on and from commencement day, to be an authorisation for the purposes of regulation 84(4) or (5) to the extent that the approval authorises the use of a non‑compliant container or label. ##### 153. Directions about storage or use of poisons A direction given under section 55E of the repealed Act that is in force immediately before commencement day (the existing direction) is taken, on and from commencement day, to be a direction about the storage or use of the poison given under regulation 107(2) in the same terms as the existing direction. ##### 154. Approvals An approval of a type referred to in column 1 of the Table that is in force immediately before commencement day (the existing approval), is taken, on and from commencement day, to be an approval referred to in column 2 of the Table for the same item on the same terms and conditions as the existing approval. | **Item** | **Column 1**<br>**Type of approval under repealed Act** | **Column 2**<br>**Type of approval under Act** | | 1. | Approval given under regulation 12A(4) of the repealed regulations | Approval of needle and syringe programme given under regulation 108(4) | | 2. | Approval of system of electronic prescribing given under regulation 32B(1) of the repealed regulations | Approval of electronic system given under regulation 19(4) | | 3. | Approval to install electronic storage and supply unit given under regulation 32G(1) of the repealed regulations | Approval to place vending machine given under regulation 105(4) | | 4. | Approval of recording system for pseudoephedrine given for the purposes of regulation 35A of the repealed regulations | Approval of recording system given for the purposes of regulation 142 | | 5. | Approval of alternative recording method given for the purposes of regulation 44B(1) of the repealed regulations | Approval of recording system given for the purposes of regulation 146 | | 6. | Approval of clinic given under regulation 51FJ(1) of the repealed regulations | Approval of stimulant clinic given under regulation 127(2) | ##### 155. Appointments, authorisations, designations and nominations An appointment, authorisation, designation or nomination of a type referred to in column 1 of an item in the Table that is in force immediately before commencement day (the existing authority), is taken, on and from commencement day, to be an appointment, authorisation or designation referred to in column 2 of the Table for the same item on the same terms and conditions as the existing authority. | **Item** | **Column 1**<br>**Type of appointment, authorisation, designation or nomination under repealed Act** | **Column 2**<br>**Type of appointment, authorisation or designation under Act** | | 1. | Authorisation to prescribe or supply drug of addiction for treatment of drug addict given under regulation 51BA(2) of the repealed regulations | Authorisation to prescribe or supply specified medicine that is a Schedule 8 poison given under regulation 118(2) | | 2. | Designation as authorised prescriber under regulation 51C(1) of the repealed regulations | Designation as an opioid pharmacotherapy prescriber under regulation 134(1) | | 3. | Designation as specialist prescriber under regulation 51C(2) of the repealed regulations | Designation as a specialist prescriber under regulation 134(2) | | 4. | Appointment of authorised prescriber for drug addict under regulation 51CA(1) of the repealed regulations | Appointment of opioid pharmacotherapy prescriber for drug dependent person under regulation 137(1) | | 5. | Appointment of co‑prescriber for drug addict under regulation 51CB(1) of the repealed regulations | Appointment of co‑prescriber for drug dependent person under regulation 138(1) | | 6. | Authorisation to dispense pharmacotherapies given under regulation 51EA(1) of the repealed regulations | Authorisation to dispense opioid pharmacotherapies given under regulation 28(1) | | 7. | Authorisation to write, issue or authorise a prescription or document or to supply poison included in Schedule 8 given under regulation 51F of the repealed regulations | Authorisation given to prescribe specified medicine that is a Schedule 8 poison given under regulation 118(2) | | 8. | Authorisation to supply or prescribe stimulant given under regulation 51FC(2) of the repealed regulations | Authorisation to prescribe or supply specified medicine that is a Schedule 8 poison given under regulation 118(2) | | 9. | Authorisation to supply and prescribe stimulant given under regulation 51FG(1) of the repealed regulations | Designation as stimulant prescriber under regulation 128(1) | | 10. | Authorisation to supply or prescribe stimulant given under regulation 51FG(3) of the repealed regulations | Authorisation to prescribe or supply specified medicine that is a Schedule 8 poison given under regulation 118(2) | | *[11. deleted]* | | | | 12. | Authorisation to supply flunitrazepam or write or authorise prescription for flunitrazepam given under regulation 51GB(1) of the repealed regulations | Authorisation to prescribe or supply specified medicine that is a Schedule 8 poison given under regulation 118(2) | | 13. | Authorisation in respect of poison included in Schedule 8 given under regulation 51H(2) of the repealed regulations | Authorisation to prescribe or supply specified medicine that is a Schedule 8 poison given under regulation 118(2) | [Regulation 155 amended: SL 2024/265 r. 28.] ##### 156. Approval of storage arrangements If, immediately before commencement day, a person has permission given under regulation 56(3)(b) of the repealed regulations to store a drug of addiction in a manner and with security arrangements specified by the CEO (the existing permission), the person is taken, on and from commencement day, to have been given approval under regulation 102 to store a Schedule 9 poison or a medicine that is a Schedule 8 poison in accordance with the security arrangements specified in the existing permission.