Tasmania act

Poisons Act 1971

In ForceTAS

Jurisdiction

Tasmania

Act Number

81 of 1971

Collection

act

Plain English Summary

7/10 complexity

This Act creates a detailed regulatory regime for “scheduled substances”: it controls possession, sale, supply, labelling and storage of poisons and narcotics, sets criminal penalties for unauthorised dealings (e.g. ss36, s33, s34), and establishes licensing and permit pathways for pharmacists, manufacturers, growers and institutions. It also restricts disclosure of protected information and authorises regulated sharing with enforcement and health agencies (s92C). Those who sell, hold or prescribe substances pay compliance costs and face criminal sanctions; regulatory discretion rests with the Governor, Minister and Secretary (s93).

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Overview and Purpose

The Poisons Act 1971 (Tas) is Tasmania's principal statute governing the manufacture, sale, supply, possession and use of scheduled poisons, restricted substances, narcotic substances, prohibited plants and new drugs. Enacted in 1971 and substantially amended on numerous occasions since, the Act establishes a licensing and regulatory framework that operates in conjunction with the nationally agreed Uniform Standard (commonly known as the Poisons Standard), which classifies substances according to their risk profile and the conditions under which they may be supplied.

Tasmania occupies a distinctive position within this national framework: it is one of the world's largest legal producers of opiate raw materials, with licensed cultivation of alkaloid poppies (principally Papaver somniferum) supplying pharmaceutical manufacturers globally. The Act's poppy regulatory provisions therefore carry significant economic and public health weight beyond the State's borders.

Part I: Preliminary

Section 3 of the Act contains an extensive definition section that has been amended repeatedly since 1971 to keep pace with changes in pharmaceutical practice, health administration and national scheduling policy. Key definitions include "alkaloid poppy" (Papaver somniferum or Papaver bracteatum), "alkaloid poppy material", "ambulance officer", "narcotic substance", "prohibited plant", "restricted substance" and "scheduled substance". The Act incorporates the Uniform Standard by reference: section 14 empowers the Governor to adopt the Standard by order, and subsection (4) sets out the meaning of each Schedule (1 through 10) in plain terms.

Current sections

Direct links to the current provisions in Poisons Act 1971.

206

Part I

Preliminary

Part I Preliminary

Short title and commencement

1 Short title and commencement

(1) This Act may be cited as the Poisons Act 1971 .

(2) Subsection (1) of section 2 shall commence on the day on which Part III commences and subsection (2) of that section shall commence on the day on which Part V commences.

(3) The remaining provisions of this Act (other than this section, Division 1 of Part II , and section 14 ) shall commence on such days respectively as are fixed by proclamation in relation to each of those provisions.

2.

[Section 2 Repealed by No. 15 of 2017, s. 4, Applied:13 Jun 2017]

Interpretation

3 Interpretation

[Section 3 Subsection (1) amended by No. 43 of 1982, s. 66 and Sched. 3 ][Section 3 Subsection (1) amended by No. 99 of 1982, s. 3 and Sched. 2 ][Section 3 Subsection (1) amended by No. 27 of 1984, s. 5 ][Section 3 Subsection (1) amended by No. 51 of 1985, s. 4 and Sched. 2 ][Section 3 Subsection (1) amended by No. 5 of 1990, s. 3 and Sched. 1 ][Section 3 Subsection (1) amended by No. 4 of 1991, s. 39 and Sched. 4 ][Section 3 Subsection (1) amended by No. 68 of 1994, s. 3 and Sched. 1 ][Section 3 Subsection (1) amended by No. 100 of 1995, s. 97 and Sched. 7 ][Section 3 Subsection (1) amended by No. 2 of 1996, s. 87 and Sched. 7 ]

(1) *[Section 3 Subsection (1) amended by No. 95 of 1973, s. 2 ]*In this Act, unless the contrary intention appears –

aircraft includes a helicopter, a hovercraft, and an autogiro;

[Section 3 Subsection (1) amended by No. 40 of 2016, s. 4, Applied:17 Oct 2016] alkaloid poppy means a plant of the species Papaver somniferum or Papaver bracteatum;

[Section 3 Subsection (1) amended by No. 40 of 2016, s. 4, Applied:17 Oct 2016] alkaloid poppy material means a part or product of an alkaloid poppy;

[Section 3 Subsection (1) amended by No. 73 of 2013, Sched. 1, Applied:01 Jul 2014] ambulance officer means an officer of the Ambulance Service as defined in the Ambulance Service Act 1982 ;

[Section 3 Subsection (1) amended by No. 73 of 2013, Sched. 1, Applied:01 Jul 2014] ambulance services has the same meaning as in the Ambulance Service Act 1982 ;

analysis, in relation to a substance, includes any bacteriological, biochemical, electrical, electrochemical, microscopical, pathological, or other examination or test of or applied to the substance;

analyst means a person appointed as an analyst under section 19 , and includes the Government Analyst;

[Section 3 Subsection (1) amended by No. 15 of 2017, s. 5, Applied:13 Jun 2017] [Section 3 Subsection (1) amended by No. 26 of 2025, s. 4, Applied:16 Feb 2026] authorised health professional means a person who is –

(a) an interstate prescriber; or

(b) a member of a class of health professionals –

(i) that is prescribed for the purposes of this definition; or

(ii) in respect of whom an order has been made under section 25D(1)(a) ;

[Section 3 Subsection (1) amended by No. 78 of 2007, s. 4, Applied:01 Jul 2008] authorised nurse practitioner means a nurse practitioner authorised under section 25B ;

automatic machine means a machine or mechanical device that is used or capable of being used for the purpose of selling or supplying goods without the personal manipulation or attention of the seller or supplier or his employee or agent at the time of the sale or supply;

[Section 3 Subsection (1) amended by No. 40 of 2016, s. 4, Applied:17 Oct 2016] Board means the Poppy Advisory and Control Board established under section 59H(1) ;

boat includes a vessel or water craft of any description;

coca leaves means the leaves of any plant of the genus erythroxylacae from which cocaine may be extracted either directly or by chemical transformation;

[Section 3 Subsection (1) amended by No. 73 of 2013, Sched. 1, Applied:01 Jul 2014] Commissioner of Ambulance Services means the Commissioner as defined in the Ambulance Service Act 1982 ;

container, used in relation to a substance, means a vessel, bottle, tube, capsule, tin, box, case, wrapper, cover, envelope, or other like receptacle that immediately contains the substance;

[Section 3 Subsection (1) amended by No. 9 of 2003, Sched. 1, Applied:16 Apr 2003] court includes the Supreme Court or a judge, a magistrate, and 2 or more justices in petty session;

dangerous poison means a substance that is, for the time being, specified in Schedule 7 to the Poisons List;

[Section 3 Subsection (1) amended by No. 20 of 2001, Sched. 6, Applied:03 Oct 2001] [Section 3 Subsection (1) amended by No. 3 of 2010, Sched. 1, Applied:01 Jul 2010]

[Section 3 Subsection (1) amended by No. 3 of 2010, Sched. 1, Applied:01 Jul 2010] [Section 3 Subsection (1) amended by No. 26 of 2025, s. 4, Applied:16 Feb 2026] dentist means a person registered under the Health Practitioner Regulation National Law (Tasmania) in the dental profession as a dentist;

domestic poison means a substance that is, for the time being, specified in Schedule 5 to the Poisons List;

[Section 3 Subsection (1) amended by No. 29 of 2009, s. 5, Applied:01 Sep 2009]

[Section 3 Subsection (1) amended by No. 29 of 2009, s. 5, Applied:01 Sep 2009] drug means a substance –

(a) that is designed or intended for therapeutic use; or

(b) the sole or principal use of which is, or ordinarily is, a therapeutic use or use as an ingredient or component in the preparation or manufacture of a substance for therapeutic use;

[Section 3 Subsection (1) amended by No. 29 of 2009, s. 5, Applied:01 Sep 2009] drug-dependent person means a person who –

(a) has acquired, as a result of the repeated administration of drugs of dependence, an overpowering desire for their continued administration; or

(b) has a condition such that the cessation of the administration of a drug of dependence, or the inability to obtain such a drug, is likely to cause him or her to exhibit signs of mental or physical distress or disorder; or

(c) exhibits drug-seeking behaviour that suggests impaired control as a result of the person’s continued use of drugs of dependence; or

(d) consumes or uses a drug of dependence contrary to the prescribing practitioner’s instructions;

[Section 3 Subsection (1) amended by No. 29 of 2009, s. 5, Applied:01 Sep 2009] drug of dependence means a substance listed in Schedule 8 or Schedule 9 to the Poisons List and includes any substance or class of substances that the Minister declares by order to be a drug of dependence but does not include any substance or class of substances that the Minister declares by order not to be a drug of dependence;

[Section 3 Subsection (1) amended by No. 29 of 2009, s. 5, Applied:01 Sep 2009] drug-seeking behaviour has the meaning given by section 4 ;

[Section 3 Subsection (1) amended by No. 21 of 2021, s. 4, Applied:17 Dec 2021] emergency order means an order made and in force under section 38J ;

[Section 3 Subsection (1) amended by No. 42 of 2010, s. 4, Applied:01 Jan 2011] [Section 3 Subsection (1) amended by No. 15 of 2017, s. 5, Applied:13 Jun 2017]

[Section 3 Subsection (1) amended by No. 15 of 2017, s. 5, Applied:13 Jun 2017] endorsed midwife means a midwife who is endorsed by the Nursing and Midwifery Board of Australia under section 94 of the Health Practitioner Regulation National Law (Tasmania) to prescribe scheduled substances;

[Section 3 Subsection (1) amended by No. 40 of 2016, s. 4, Applied:17 Oct 2016] grow includes the following:

(a) plant a seed, seedling or cutting;

(b) graft, divide or transplant a plant;

(c) nurture, tend, grow, cultivate or harvest a plant;

hazardous poison means a substance that is, for the time being, specified in Schedule 1 to the Poisons List;

[Section 3 Subsection (1) amended by No. 40 of 2016, s. 4, Applied:17 Oct 2016] improvement notice means an improvement notice issued and served under section 69AA ;

Indian hemp means –

(a) any plant or part of a plant of the genus cannabis;

(b) the resin, whether crude or purified, obtained from any plant or part of a plant of the genus cannabis; or

(c) any preparation containing any such resin –

by whatever name that plant, part, resin, or preparation may be called, and includes the achene or seed of any such plant but does not include any fibre of any such plant from which the resin has been extracted;

industrial or agricultural poison means a substance that is, for the time being, specified in Schedule 6 to the Poisons List;

inspector means a person appointed and holding office under section 23 ;

[Section 3 Subsection (1) amended by No. 73 of 2013, Sched. 1, Applied:01 Jul 2014] interstate ambulance officer means a person providing ambulance services in this State in accordance with an interstate arrangement within the meaning of section 38A of the Ambulance Service Act 1982 ;

[Section 3 Subsection (1) amended by No. 26 of 2025, s. 4, Applied:16 Feb 2026] interstate prescriber means a registered health practitioner, within the meaning of the Health Practitioner Regulation National Law (Tasmania), who –

(a) is, at the material time, present in another State or a Territory; and

(b) may lawfully issue prescriptions in that State or Territory; and

(c) is acting in the course of the lawful practice of the practitioner’s profession;

label includes a tag, brand, mark, or statement in writing on or attached to or used in connection with a container or package containing a scheduled substance, and labelled has a corresponding meaning;

[Section 3 Subsection (1) amended by No. 40 of 2016, s. 4, Applied:17 Oct 2016] licence means a licence that is granted under this Act and is in force;

licensed manufacturing chemist means a person who holds a subsisting licence under section 16 (1) (a) ;

licensed wholesale chemist means a person who holds a subsisting licence under section 16 (1) (b) ;

[Section 3 Subsection (1) amended by No. 29 of 2009, s. 5, Applied:01 Sep 2009] [Section 3 Subsection (1) amended by No. 3 of 2010, Sched. 1, Applied:01 Jul 2010] [Section 3 Subsection (1) amended by No. 26 of 2025, s. 4, Applied:16 Feb 2026]

[Section 3 Subsection (1) amended by No. 26 of 2025, s. 4, Applied:16 Feb 2026] medical practitioner means a person registered under the Health Practitioner Regulation National Law (Tasmania) in the medical profession;

medicinal opium means raw opium that has undergone the processes necessary to adapt it for medicinal use in accordance with the requirements of the British Pharmacopoeia, whether it is in the form of powder or is granulated or is in any other form, and whether it is or is not mixed with a neutral substance;

medicinal poison means a substance that is, for the time being, specified in Schedule 2 to the Poisons List;

[Section 3 Subsection (1) amended by No. 3 of 2010, Sched. 1, Applied:01 Jul 2010] midwife means a person registered under the Health Practitioner Regulation National Law (Tasmania) in the midwifery profession;

[Section 3 Subsection (1) amended by No. 42 of 2010, s. 4, Applied:01 Jan 2011] midwifery narcotic substance means a narcotic substance that is declared by the Minister, by order, to be a midwifery narcotic substance for the purposes of this Act;

[Section 3 Subsection (1) amended by No. 42 of 2010, s. 4, Applied:01 Jan 2011] midwifery restricted substance means a restricted substance that is declared by the Minister, by order, to be a midwifery restricted substance for the purposes of this Act;

[Section 3 Subsection (1) amended by No. 21 of 2021, s. 4, Applied:17 Dec 2021] monitored medicines means –

(a) narcotic substances; and

(b) substances that are prescribed to be monitored medicines; and

(c) substances that are in a class of substances that are prescribed to be monitored medicines;

[Section 3 Subsection (1) amended by No. 21 of 2021, s. 4, Applied:17 Dec 2021] monitored medicines database means the electronic database established and maintained under section 38B ;

narcotic substance means a substance that is, for the time being, specified in Schedule 8 to the Poisons List;

[Section 3 Subsection (1) amended by No. 78 of 2007, s. 4, Applied:01 Jul 2008] [Section 3 Subsection (1) amended by No. 3 of 2010, Sched. 1, Applied:01 Jul 2010]

[Section 3 Subsection (1) amended by No. 3 of 2010, Sched. 1, Applied:01 Jul 2010] [Section 3 Subsection (1) amended by No. 26 of 2025, s. 4, Applied:16 Feb 2026] nurse practitioner means a person registered under the Health Practitioner Regulation National Law (Tasmania) in the nursing profession who is endorsed by the Nursing and Midwifery Board of Australia to practise as a nurse practitioner;

[Section 3 Subsection (1) amended by No. 7 of 2012, s. 5, Applied:01 Jul 2012] [Section 3 Subsection (1) amended by No. 40 of 2016, s. 4, Applied:17 Oct 2016]

package, used in relation to a substance, includes any means by which the substance may, for transport, for carriage, for storage, or for sale, be cased, covered, enclosed, contained, or packed;

[Section 3 Subsection (1) amended by No. 73 of 2013, Sched. 1, Applied:01 Jul 2014] [Section 3 Subsection (1) amended by No. 23 of 2022, s. 20, Applied:24 Oct 2022]

[Section 3 Subsection (1) amended by No. 23 of 2022, s. 20, Applied:24 Oct 2022] pharmacist means a person registered under the Health Practitioner Regulation National Law (Tasmania) in the pharmacy profession but does not include a person who is a provisionally registered pharmacist, or who holds student or non-practising registration in that profession;

[Section 3 Subsection (1) amended by No. 90 of 2001, Sched. 6, Applied:01 Apr 2002] [Section 3 Subsection (1) amended by No. 3 of 2010, Sched. 1, Applied:01 Jul 2010]

poison means a substance that is, for the time being, specified in Schedules 1, 2, 3, 5, 6 or 7 to the Poisons List;

poisons book means the poisons book as defined in section 28 ;

[Section 3 Subsection (1) amended by No. 7 of 2012, s. 5, Applied:01 Jul 2012] [Section 3 Subsection (1) amended by No. 15 of 2019, Sched. 1, Applied:28 Jun 2019] [Section 3 Subsection (1) amended by No. 3 of 2025, s. 11, Applied:16 Apr 2025]

[Section 3 Subsection (1) amended by No. 3 of 2025, s. 11, Applied:16 Apr 2025] Poisons List means the Uniform Standard, or such part of the Uniform Standard, adopted under section 14 , as amended in its application to Tasmania under that section from time to time;

[Section 3 Subsection (1) amended by No. 40 of 2016, s. 4, Applied:17 Oct 2016] poppy grower's licence means a poppy grower's licence that is granted under section 54D and is in force;

[Section 3 Subsection (1) amended by No. 40 of 2016, s. 4, Applied:17 Oct 2016] poppy research licence means a poppy research licence that is granted under section 54 and is in force;

potent substance means a substance that is, for the time being, specified in Schedule 3 to the Poisons List;

[Section 3 Subsection (1) amended by No. 40 of 2016, s. 4, Applied:17 Oct 2016] premises includes an area of land, a farm, and any part of premises;

[Section 3 Subsection (1) amended by No. 40 of 2016, s. 4, Applied:17 Oct 2016] primary industries Minister means the Minister administering the Primary Industry Activities Protection Act 1995 ;

prohibited plant means –

(a) [Section 3 Subsection (1) amended by No. 40 of 2016, s. 4, Applied:17 Oct 2016] any alkaloid poppy;

(b) coca leaves;

(c) Indian hemp; and

(d) [Section 3 Subsection (1) amended by No. 3 of 2025, s. 11, Applied:16 Apr 2025] any other plant or fungus, or part of a plant or fungus, that is declared by the Minister, by order, to be a prohibited plant for the purposes of this Act;

[Section 3 Subsection (1) amended by No. 7 of 2012, s. 5, Applied:01 Jul 2012] [Section 3 Subsection (1) amended by No. 1 of 2013, s. 4, Applied:17 Apr 2013]

[Section 3 Subsection (1) amended by No. 1 of 2013, s. 4, Applied:17 Apr 2013] prohibited substance means a substance or prohibited plant (other than Indian hemp) that is, for the time being, specified in Schedule 9 to the Poisons List;

[Section 3 Subsection (1) amended by No. 23 of 2022, s. 20, Applied:24 Oct 2022] provisionally registered pharmacist means a person who holds provisional registration under the Health Practitioner Regulation National Law (Tasmania) in the pharmacy profession;

[Section 3 Subsection (1) amended by No. 13 of 1997, Sched. 4, Applied:01 Jul 1997]

[Section 3 Subsection (1) amended by No. 13 of 1997, Sched. 4, Applied:01 Jul 1997] public hospital means a hospital maintained and operated by or on behalf of the State;

public institution means –

(a) a State authority;

(b) a public hospital;

(c) the University of Tasmania;

(d) [Section 3 Subsection (1) amended by No. 47 of 2016, s. 18, Applied:10 Jul 2017] [Section 3 Subsection (1) amended by No. 32 of 2021, Sched. 4, Applied:01 Jul 2022] TasTAFE, as continued by the TasTAFE (Skills and Training Business) Act 2021 ; and

(e) [Section 3 Subsection (1) amended by No. 47 of 2016, s. 18, Applied:10 Jul 2017]

(f) any other institution or establishment that is not carried on for private gain or reward and is declared by the Minister, by order, to be a public institution for the purposes of this Act;

raw narcotic means –

(a) raw opium; and

(b) any other substance that is declared by the Minister, by order, to be a raw narcotic for the purposes of this Act;

raw opium includes powdered or granulated opium but does not include medicinal opium;

[Section 3 Subsection (1) amended by No. 3 of 2010, Sched. 1, Applied:01 Jul 2010]

the regulations means regulations made and in force under this Act;

[Section 3 Subsection (1) amended by No. 40 of 2016, s. 4, Applied:17 Oct 2016] responsible licensing authority, in relation to a licence or authorisation, means –

(a) the Board, if an application for the grant or renewal of the licence may be made to the Board or the licence has been granted or renewed by the Board; or

(b) [Section 3 Subsection (1) amended by No. 15 of 2017, s. 5, Applied:13 Jun 2017] the Minister, if an application for the grant or renewal of the licence or authorisation may be made to the Minister or the licence or authorisation has been granted or renewed by the Minister; or

(c) [Section 3 Subsection (1) amended by No. 15 of 2017, s. 5, Applied:13 Jun 2017] the Secretary, if an application for the grant of the authorisation may be made to the Secretary or the authorisation has been granted by the Secretary;

[Section 3 Subsection (1) amended by No. 40 of 2016, s. 4, Applied:17 Oct 2016] responsible officer, in relation to a licence, means the person who is appointed as the responsible officer in relation to the licence under section 12 ;

restricted substance means a substance that is, for the time being, specified in Schedule 4 to the Poisons List;

scheduled substance means a substance that is, for the time being, specified in any of the schedules to the Poisons List;

Secretary means the Secretary of the Department;

sell means sell, whether by wholesale or retail, and includes –

(a) offer or expose for sale;

(b) keep or have in possession for sale;

(c) barter or exchange;

(d) deal in or agree to sell;

(e) send, forward, deliver, or receive for sale or on sale; and

(f) [Section 3 Subsection (1) amended by No. 23 of 2022, s. 20, Applied:24 Oct 2022] authorise, direct, cause, permit, or suffer any of those acts or things to be done–

and sale and sold have corresponding meanings;

State authority means a person or body of persons constituted, established, or appointed under an Act or in the exercise of the prerogative rights of the Crown to administer or control any department, business, undertaking, or institution on behalf of the State;

substance includes a preparation, an admixture, and a salt or derivative of a substance;

supply, in relation to a substance, includes –

(a) administer a substance, whether orally, subcutaneously, or by any other means;

(b) dispense a substance on prescription; and

(c) offer or agree to supply a substance;

therapeutic use means a use for the purpose of or in connection with –

(a) preventing, diagnosing, curing, or alleviating a disease, ailment, defect, or injury in persons or animals;

(b) influencing, inhibiting, or modifying a physiological process in persons or animals;

(c) testing the susceptibility of persons or animals to a disease or ailment; or

(d) destroying or inhibiting micro-organisms that may be harmful to persons or animals;

traffic includes keep or have in possession for trafficking, and trafficking has a corresponding meaning;

[Section 3 Subsection (1) amended by No. 29 of 2009, s. 5, Applied:01 Sep 2009] [Section 3 Subsection (1) amended by No. 30 of 2021, s. 6, Applied:01 Mar 2022]

[Section 3 Subsection (1) amended by No. 30 of 2021, s. 6, Applied:01 Mar 2022] treatment centre means a place that is approved under section 59AB as a treatment centre;

[Section 3 Subsection (1) amended by No. 7 of 2012, s. 5, Applied:01 Jul 2012] Uniform Standard means –

(a) the Standard for the Uniform Scheduling of Medicines and Poisons, of the Commonwealth, published by the Australian Government under the Therapeutic Goods Act 1989 of the Commonwealth; or

(b) any similar standard published in substitution for that standard; or

(c) if the standard, or a standard published in substitution for that standard, has been amended under that Act, that standard as so amended;

vehicle means any mode of transport, other than an aircraft or a boat;

[Section 3 Subsection (1) amended by No. 15 of 2017, s. 5, Applied:13 Jun 2017] veterinary surgeon means a registered veterinary surgeon as defined in the Veterinary Surgeons Act 1987 , except in section 36 and Parts V and VA in which case the veterinary surgeon must be present in Tasmania and acting in the course of veterinary practice in Tasmania;;

[Section 3 Subsection (1) amended by No. 73 of 2013, Sched. 1, Applied:01 Jul 2014] volunteer ambulance officer has the same meaning as in the Ambulance Service Act 1982 ;

wholesale dealing –

(a) [Section 3 Subsection (1) amended by No. 9 of 2003, Sched. 1, Applied:16 Apr 2003] [Section 3 Subsection (1) amended by No. 3 of 2010, Sched. 1, Applied:01 Jul 2010] [Section 3 Subsection (1) amended by No. 23 of 2022, s. 20, Applied:24 Oct 2022] means the sale or supply by a wholesale dealer in the ordinary course of his business to persons authorised by or under this Act to be in possession of or to sell a scheduled substance; and

(b) includes the sale or supply to other persons in wholesale quantities in the ordinary course of that business for use in a public institution or in connection with a prescribed profession, business, trade, or industry carried on by a person who requires any such substance for use, but not for resale, in connection with his profession, business, trade, or industry.

(1A) *[Section 3 Subsection (1A) inserted by No. 27 of 1984, s. 5 ]*In this Act, a reference to an analysis or examination of a plant is a reference to such an analysis or examination for the purpose of determining whether or not the plant is a prohibited plant.

(2) [Section 3 Subsection (2) omitted by No. 29 of 2009, s. 5, Applied:01 Sep 2009] [Section 3 Subsection (2) inserted by No. 7 of 2012, s. 5, Applied:01 Jul 2012] In this Act –

(a) a reference to a scheduled substance is a reference to the substance as specified in the Uniform Standard; and

(b) a reference to a substance by reference to a Schedule of a particular number is taken to be a reference to the substance as specified in the Schedule of that number to the Poisons List.

(3) Without restricting the generality of the expression "possession", a substance or plant shall, for the purposes of this Act, be deemed to be in the possession of a person so long as it is on any land or premises occupied by him or is enjoyed or controlled by him in any place or is in his order and disposition unless he proves that he had no knowledge of the substance or plant.

(4) In this Act, the expression this Part includes the regulations made under or for the purposes of the Part of this Act in which the expression occurs.

(5) [Section 3 Subsection (5) amended by No. 7 of 2012, s. 5, Applied:01 Jul 2012] For the purposes of the Poisons List or of any order made under section 14 a substance may be described–

(a) by reference to any one or more of the following matters, namely:

(i) the common or scientific name of the substance;

(ii) any class of substances;

(iii) the composition of the substance;

(iv) the purposes for which the substance may be used;

(v) the manner in which the substance is packed;

(vi) such other factor or circumstance as may be specified in relation to the substance in the Poisons List or in any such order; or

(b) in any other manner so specified.

(6) In this Act, a reference to a Commonwealth Act cited by its short title includes a reference to that Act as amended from time to time and to any Commonwealth Act passed in substitution for that Act.

(7) [Section 3 Subsection (7) omitted by No. 15 of 2017, s. 5, Applied:13 Jun 2017] . . . . . . . .

(8) [Section 3 Subsection (8) inserted by No. 1 of 2013, s. 4, Applied:17 Apr 2013] The definition of prohibited substance substituted by section 4 of the Poisons Amendment Act 2013 is taken to have had effect on and from 1 July 2012.

Matters to be taken into account in deciding whether a natural person is a fit and proper person

3A Matters to be taken into account in deciding whether a natural person is a fit and proper person

[Section 3A Inserted by No. 40 of 2016, s. 5, Applied:17 Oct 2016]

(1) Without limiting the matters to which the responsible licensing authority may have regard in deciding whether a natural person is a fit and proper person to hold a licence, the responsible licensing authority may have regard to the following:

(a) any conviction of the person for an indictable offence;

(b) any civil penalty (however described) imposed upon the person under a law of the Commonwealth, a State or a Territory;

(c) any revocation or suspension of a licence or permit (however described) held by the person under a law of the Commonwealth, a State, a Territory or another country, being a law relating to the prohibition or regulation of drugs;

(d) the connections and associations that the person has with other persons (including but not limited to the person’s relatives);

(e) the person’s previous business experience;

(f) the capacity of the person to comply with conditions of the licence;

(g) whether the person has a sound and stable financial background or is in financial circumstances that may significantly limit the person’s capacity to comply with his or her obligations under a licence;

(h) whether the person is of good repute, having regard to matters going to their character, honesty and professional and personal integrity;

(i) the person’s history of compliance with this Act.

(2) Subsection (1)(d) , (e) , (g) and (h) does not apply in relation to a poppy research licence or a poppy grower's licence.

Matters to be taken into account in deciding whether a body corporate is a fit and proper person

3B Matters to be taken into account in deciding whether a body corporate is a fit and proper person

[Section 3B Inserted by No. 40 of 2016, s. 5, Applied:17 Oct 2016]

(1) Without limiting the matters to which the responsible licensing authority may have regard in deciding whether a body corporate is a fit and proper person to hold a licence, the responsible licensing authority may have regard to the following:

(a) any conviction of the body corporate for an offence against a law of the Commonwealth, a State or a Territory;

(b) any civil penalty (however described) imposed upon the body corporate under a law of the Commonwealth, a State or a Territory;

(c) if there is such a conviction or imposition of a civil penalty upon the body corporate –

(i) whether the offence concerned was committed, or the conduct to which the civil penalty relates occurred, at a time when any person who is presently a director or officer of the body corporate was such a director or officer; and

(ii) whether the offence concerned was committed, or the conduct to which the civil penalty relates occurred, at a time when any shareholder of the body corporate who is presently in a position to influence the management of the body corporate was such a shareholder;

(d) any revocation or suspension of a licence or permit (however described) held by the body corporate under a law of the Commonwealth, a State, a Territory or another country, being a law relating to the prohibition or regulation of drugs;

(e) whether a person who is, or is to be, the responsible officer in relation to the licence is a fit and proper person;

(f) whether –

(i) each director of the corporation is a fit and proper person; or

(ii) more than 10% of the corporation is owned by a person who is not a fit and proper person;

(g) the connections and associations that the body corporate, and its directors and officers, have with other persons (including but not limited to relatives of such directors and officers);

(h) the previous business experience of the directors and officers of the body corporate, and of the shareholders of the body corporate who are presently in a position to influence the management of the body corporate;

(i) whether the body corporate has a sound and stable financial background or is in financial circumstances that may significantly limit the capacity of the body corporate to comply with its obligations under a licence;

(j) the capacity of the body corporate to meet the conditions of the licence;

(k) whether the directors and officers of the body corporate are of good repute, having regard to matters going to their character, honesty and professional and personal integrity;

(l) the body corporate’s history of compliance with this Act.

(2) Subsection (1)(g) , (h) , (i) and (k) does not apply in relation to a poppy research licence or a poppy grower's licence.

Meaning of drug-seeking behaviour

4 Meaning of drug-seeking behaviour

*[Section 4 Repealed by No. 27 of 1984, s. 6 ]*For the purposes of this Act, a person is taken to exhibit drug-seeking behaviour in respect of a drug of dependence if there is reason to believe that –

(a) he or she is seeking to obtain a drug of dependence for the purpose of selling or supplying it to another person; or

(b) he or she is seeking to obtain a drug of dependence for a non-medical purpose; or

(c) as a result of the administration to him or her of the drug, he or she exhibits –

(i) impaired ability to manage properly the use of any such drug; or

(ii) behaviour which suggests such impaired ability; or

(d) failure to obtain drugs of dependence for a non-medical purpose is likely to cause the person to exhibit signs of mental or physical distress or disorder.

Construction of Act

5 Construction of Act

*[Section 5 Amended by No. 97 of 1987, s. 9 ][Section 5 Amended by No. 68 of 1994, s. 3 and Sched. 1 ][Section 5 Amended by No. 8 of 1996, s. 3 and Sched. 1 ]*The provisions of this Act are in addition to, and not in derogation of, the provisions of –

(a) [Section 5 Amended by No. 90 of 2001, Sched. 6, Applied:01 Apr 2002] [Section 5 Amended by No. 3 of 2010, Sched. 1, Applied:01 Jul 2010] the Health Practitioner Regulation National Law (Tasmania);

(b) the Fertilizers Act 1993 ;

(ba) . . . . . . . .

(c) [Section 5 Amended by No. 8 of 2003, Sched. 2, Applied:15 Oct 2003] the Public Health Act 1997 ; and

(ca) [Section 5 Amended by No. 8 of 2003, Sched. 2, Applied:15 Oct 2003] the Food Act 2003 ; and

(d) the Agricultural and Veterinary Chemicals (Control of Use) Act 1995 –

but the provisions of those Acts shall be read subject to the express provisions of this Act, and, where a provision of any of those Acts is inconsistent with a provision of this Act, the last-mentioned provision, to the extent of the inconsistency, prevails.

Part 1A

General Provisions Relating to Licences

Part 1A General Provisions Relating to Licences

[Part 1A Inserted by No. 40 of 2016, s. 6, Applied:17 Oct 2016]

Applications for licences or renewal of licences

6 Applications for licences or renewal of licences

[Section 6 Repealed by No. 27 of 1984, s. 7 ]

(1) An application under this Act for a licence, or for the renewal of a licence, must –

(a) except in the case of a licence referred to in section 16 , be in a form approved by the responsible licensing authority; and

(b) except in the case of a poppy research licence or a poppy grower's licence, be accompanied by the prescribed fee, if any; and

(c) contain the information, and be accompanied by the records, that the responsible licensing authority requires to determine the application.

(2) An application under this Act for the renewal of a licence must be lodged not less than 30 days before the expiration of the licence.

(3) Despite subsection (2) , the responsible licensing authority, in its discretion, may accept an application for the renewal of a licence lodged less than 30 days before the expiration of the licence.

(4) If an application for renewal of a licence is lodged, or is accepted, under this section, the licence continues in force until the licence is renewed or the responsible licensing authority refuses to renew the licence.

(5) The renewal of a licence takes effect, or is taken to have taken effect, from the date on which the licence was due to expire.

Investigation of application

7 Investigation of application

[Section 7 Repealed by No. 27 of 1984, s. 7 ]

(1) On receipt of an application for a licence or the renewal of a licence, the responsible licensing authority may carry out the investigations and inquiries that the responsible licensing authority considers necessary to determine the application.

(2) The responsible licensing authority may, by notice in writing to a person who has applied for a licence, or for the renewal of a licence, require the person to –

(a) provide the information, and produce the records, that are relevant to the investigation of the application and are specified in the notice; and

(b) provide the responsible licensing authority with the authorities and consents that the responsible licensing authority requires in order to obtain from other persons financial or other confidential information concerning the applicant.

(3) Despite subsection (2) , a responsible licensing authority may not require a person who has applied for a poppy research licence or a poppy grower's licence, or for the renewal of such a licence, to –

(a) provide information, or produce records, that relate to financial matters or the connections or associations that the person has with other persons; or

(b) provide an authority or consent so as to enable the authority to obtain, from other persons, financial information concerning the person or information as to the connections or associations that the person has with other persons.

(4) If a requirement made under this section is not complied with, the responsible licensing authority may refuse to determine the application.

Suitability of applicant

8 Suitability of applicant

[Section 8 Repealed by No. 27 of 1984, s. 7 ]

(1) The responsible licensing authority must not grant a licence to a person, or renew a licence granted to a person, unless satisfied that the person is a fit and proper person to hold the licence.

(2) The responsible licensing authority must not grant a licence to a person, or renew a licence granted to a person, if the responsible licensing authority must, under the regulations, refuse to grant or to renew, respectively, the licence.

(3) The responsible licensing authority may refuse to grant to a person a licence, or to renew a licence granted to a person, if –

(a) the person has been found guilty of an offence that, in the opinion of the responsible licensing authority, makes the person unsuitable to be involved in any activity authorised by, or associated with, the licence; or

(b) the responsible licensing authority may, under the regulations, refuse to grant or to renew, respectively, the licence.

(4) The regulations may make further provision for the circumstances in which the responsible licensing authority may refuse, or is required to refuse, to grant a licence to a person or to renew, or to refuse to renew, a licence granted to a person.

(5) A relevant licensing authority is to give to the applicant for a licence or the renewal of a licence, written notice of the decision of the authority to grant or renew, or to refuse to grant or renew, the licence and, if the authority refuses to grant or to renew the licence, written reasons for the refusal.

Conditions and restrictions of licence

9 Conditions and restrictions of licence

[Section 9 Repealed by No. 27 of 1984, s. 7 ]

(1) A responsible licensing authority may grant or renew a licence on the conditions and restrictions it thinks fit and specifies in the licence.

(2) A licence granted or renewed under this Act is subject to –

(a) the conditions and restrictions that are imposed on the licence by this Act or the regulations; and

(b) the conditions and restrictions that are specified in the licence under subsection (1) at the time it is granted or renewed, or as varied at any other time under this section.

(3) If the responsible licensing authority, either on receipt of an application for the renewal of a licence granted under this section or at any time while the licence is in force, considers it necessary or desirable in the public interest to do so, the authority may vary the conditions or restrictions to which the licence is subject under subsection (2)(b) –

(a) by amending the existing conditions or restrictions; or

(b) by substituting new conditions or restrictions for existing conditions or restrictions; or

(c) by imposing additional conditions or restrictions; or

(d) by amending a list or schedule of substances which forms part of those conditions or restrictions.

(4) If the responsible licensing authority varies the conditions or restrictions of a licence as provided by subsection (3) , the authority is to do one of the following:

(a) cause the licence to be appropriately amended to record the variation of the conditions or restrictions and to be returned to its holder;

(b) issue a new licence in place of the existing licence, specifying in the new licence the conditions or restrictions of the licence as so varied;

(c) serve on the holder of the licence a notice in writing specifying the variation of the conditions or restrictions.

(5) A variation of the conditions or restrictions of a licence does not have effect until the licence is returned to its holder, the new licence is issued to its holder, or the notice specifying the variation of the conditions or restrictions is served on the holder of the licence, as the case may be.

Suspension or cancellation of licence

10 Suspension or cancellation of licence

[Section 10 Repealed by No. 27 of 1984, s. 7 ]

(1) The responsible licensing authority may, by written notice served on the holder of a licence granted under this Act, suspend or cancel the licence –

(a) if satisfied that –

(i) the licence holder has breached a condition or restriction of the licence; or

(ii) the licence holder is no longer a fit and proper person to hold the licence; or

(iii) except in the case of a poppy research licence or a poppy grower's licence – the licence holder has failed to pay a fee in relation to the licence by the date on which the licence holder is required under this Act to pay the fee; or

(iv) the licence holder has become bankrupt, applied for relief of bankrupt or insolvent debtors, compounded with creditors or made an assignment of his or her remuneration for their benefit; or

(v) if the licence holder is a corporation – a receiver or manager has been appointed or the licence holder is being wound up or is under official management; or

(vi) the licence holder has ceased to carry on business; or

(vii) the revocation or suspension is required because there is an imminent risk of harm to the public if the licence continues in force; or

(viii) the premises used for the purposes of the licence are unfit for use; or

(ix) the licence was obtained on the basis of incorrect or misleading information; or

(b) if the licence holder requests the suspension or cancellation of the licence; or

(c) [Section 10 Subsection (1) amended by No. 23 of 2022, s. 21, Applied:24 Oct 2022] if the licence is a licence granted under section 27 – because, since the licence was granted or last renewed, a pharmacist has commenced business at a pharmacy which is situated within 10 kilometres, by the nearest practicable route, of the place where the shop of the holder of the licence is situated; or

(d) for any other prescribed reason.

(2) [Section 10 Subsection (2) amended by No. 15 of 2017, s. 6, Applied:13 Jun 2017] Before suspending or cancelling a licence under this section (other than at the licence holder's request), the responsible authority is to –

(a) give to the licence holder notice in writing specifying that the licence holder may, within 30 days from the date of the notice, make representations to the authority as to why the licence should not be suspended or cancelled; and

(b) give consideration to any representations that the licence holder makes under paragraph (a) .

(3) The suspension or cancellation under this section of a licence takes effect –

(a) on and from the day specified in the notice under subsection (1) ; and

(b) in the case of a suspension, until the suspension is revoked, if at all.

Immediate suspension of licence

11 Immediate suspension of licence

[Section 11 Repealed by No. 27 of 1984, s. 7 ]

(1) The responsible licensing authority may, by verbal or written notice to the licence holder, immediately suspend a licence if the responsible licensing authority is satisfied that –

(a) there is a high risk of a substance or plant to which the licence relates being diverted for illicit purposes; or

(b) if the licence continues in force there is likely to be an imminent risk of harm to the public.

(2) If verbal notice of the suspension of a licence is given to a licence holder, the responsible licensing authority must, as soon as practicable, confirm the suspension by written notice to the licence holder.

Responsible officers

12 Responsible officers

[Section 12 Repealed by No. 27 of 1984, s. 7 ]

(1) A holder of a licence who is not a natural person is to appoint a natural person as the responsible officer in relation to the licence.

(2) If the holder of a licence fails to appoint under subsection (1) a responsible officer in relation to the licence, the person responsible for the direction and management of the business of the holder of the licence is taken to have been appointed as the responsible officer in relation to the licence.

(3) A holder of a licence is to ensure that a responsible officer appointed under subsection (1) has sufficient authority to perform the duties of a responsible officer under this Act.

(4) A holder of a licence must –

(a) notify in writing a person whom the holder of the licence has appointed to be the responsible officer that the person has been so appointed; and

(b) except in the case of a poppy research licence or a poppy grower's licence, notify the Secretary in writing of the appointment of the responsible officer; and

(c) except in the case of a poppy research licence or a poppy grower's licence, give notice of that appointment as far as reasonably practicable to all persons employed or engaged for the purposes of the licence.

Penalty: Fine not exceeding 20 penalty units.

Responsibilities of responsible officer

13 Responsibilities of responsible officer

[Section 13 Repealed by No. 27 of 1984, s. 7 ]

(1) In this section –

responsibilities includes the duties imposed on the holder of a licence under this Act and any conditions or restrictions specified in the licence.

(2) A responsible officer must perform the responsibilities of the holder of the licence.

Penalty: Fine not exceeding 100 penalty units.

(3) A responsible officer is not to be taken to have failed to perform any responsibility of the holder of the licence, if –

(a) it was not reasonably practicable for the responsible officer to perform that responsibility; or

(b) the failure to perform the responsibility was due to causes over which the responsible officer had no control and against the happening of which it was not reasonably practicable for the responsible officer to make provision; or

(c) the responsible officer exercised due diligence to prevent the failure to perform the responsibility; or

(d) the responsible officer was unaware that he or she had been appointed, or was taken to have been appointed, as the responsible officer.

(4) Nothing in subsection (2) relieves the holder of the licence of the requirement to perform the holder’s responsibilities under this Act.

(5) A responsible officer may be proceeded against and convicted of having failed to perform the responsibilities of the holder of the licence under this Act whether or not the employer of the responsible officer has been proceeded against or has been convicted of having failed to perform the responsibility.

13A

Obstruction of responsible officer

13A Obstruction of responsible officer

[Section 13A Inserted by No. 40 of 2016, s. 6, Applied:17 Oct 2016] A person having authority or control over the responsible officer must not exercise that authority or control in any way to obstruct the responsible officer in the exercise of his or her responsibilities under this Act.

Penalty: In the case of –

(a) a body corporate, a fine not exceeding 500 penalty units; or

(b) a natural person, a fine not exceeding 100 penalty units.

Part II

Administration

Part II Administration

Division 1

[Part II, Div. 1 Repealed by No. 27 of 1984, s. 7 ]

Division 2

Classification of substances

Division 2 Classification of substances

[Part II, Div. 2 Substituted by No. 27 of 1984, s. 8 ]

Adoption and amendment of Poisons List

14 Adoption and amendment of Poisons List

[Section 14 Substituted by No. 27 of 1984, s. 8 ][Section 14 Subsection (2) amended by No. 78 of 2007, s. 5, Applied:01 Jul 2008] [Section 14 Subsection (2) amended by No. 78 of 2007, s. 5, Applied:01 Jul 2008] [Section 14 Substituted by No. 7 of 2012, s. 6, Applied:01 Jul 2012]

(1) [Section 14 Subsection (1) amended by No. 3 of 2025, s. 12, Applied:16 Apr 2025] The Minister, by order, may adopt all, or a specified part, of the Uniform Standard, as amended from time to time, as the Poisons List for the purposes of this Act.

(2) The Minister may, by order, amend the Uniform Standard in its application to Tasmania –

(a) by adding a specified substance or class of substances to, or omitting a specified substance or class of substances from, any of the Schedules contained in the Uniform Standard; and

(b) by transferring a specified substance or class of substances from any of those Schedules to any other of those Schedules; and

(c) by amending an item appearing in any of those Schedules; and

(d) by omitting all or any of those Schedules and substituting a new Schedule or Schedules.

(3) In amending the Uniform Standard under subsection (2) , the Minister must have regard to any relevant classification of substances made from time to time by the United Nations Organization or any of its agencies.

(4) The Uniform Standard contains the following Schedules and the substances specified in those Schedules are classified in accordance with the following provisions:

(a) Schedule 1 substances;

(b) Schedule 2 substances – Substances, the safe use of which may require advice from a pharmacist and which should be available from a pharmacy or, where a pharmacy service is not available, from a licensed person;

(c) Schedule 3 substances – Substances, the safe use of which requires professional advice but which should be available to the public from a pharmacist without prescription;

(d) Schedule 4 substances – Substances, the use or supply of which should be by or on the order of persons permitted by State or Territory legislation to prescribe and should be available from a pharmacist on prescription;

(e) Schedule 5 substances – Substances with a low potential for causing harm, the extent of which can be reduced through the use of appropriate packaging with simple warnings and safety directions on the label;

(f) Schedule 6 substances – Substances with a moderate potential for causing harm, the extent of which can be reduced through the use of distinctive packaging with strong warnings and safety directions on the label;

(g) Schedule 7 substances – Substances with a high potential for causing harm at low exposure which require special precautions during manufacture, handling or use, which should be available only to specialised or authorised users who have the skills necessary to handle them safely and to which special regulations restricting their availability, possession, storage or use may apply;

(h) Schedule 8 substances – Substances which should be available for use but require restriction of manufacture, supply, distribution, possession and use to reduce abuse, misuse and physical or psychological dependence;

(i) [Section 14 Subsection (4) amended by No. 3 of 2025, s. 12, Applied:16 Apr 2025] Schedule 9 substances– Substances which may be abused or misused, the manufacture, possession, sale or use of which should be prohibited by law except when required for medical or scientific research, or for analytical, teaching or training purposes with approval of Commonwealth or State or Territory health authorities;

(j) [Section 14 Subsection (4) amended by No. 3 of 2025, s. 12, Applied:16 Apr 2025] Schedule 10 substances – Substances which are prohibited for the purpose or purposes listed for each substance.

(5) An order under subsection (1) or (2) is a statutory rule for the purposes of the Rules Publication Act 1953 .

15.

[Section 15 Substituted by No. 27 of 1984, s. 8 ] [Section 15 Repealed by No. 7 of 2012, s. 7, Applied:01 Jul 2012]

Division 3

Licensing of manufacturing chemists and wholesale chemists

Division 3 Licensing of manufacturing chemists and wholesale chemists

Licences

16 Licences

(1AA) [Section 16 Subsection (1AA) inserted by No. 40 of 2016, s. 7, Applied:17 Oct 2016] A person may apply to the Minister for –

(a) the grant of a licence under subsection (1) ; or

(b) the renewal of a licence granted to the person under subsection (1) .

(1) [Section 16 Subsection (1) amended by No. 40 of 2016, s. 7, Applied:17 Oct 2016] The Minister, in his discretion, may, on the application of a person under subsection (1AA) , grant, or refuse to grant, to that person–

(a) a licence to carry on business as a manufacturing chemist; or

(b) [Section 16 Subsection (1) amended by No. 40 of 2016, s. 7, Applied:17 Oct 2016] a licence to carry on business as a wholesale chemist –

[Section 16 Subsection (1) amended by No. 40 of 2016, s. 7, Applied:17 Oct 2016] or renew, or refuse to renew, such a licence granted to the person.

(2) *[Section 16 Subsection (2) amended by No. 27 of 1984, s. 9 ]*A licence under subsection (1) (a) –

(a) [Section 16 Subsection (2) amended by No. 7 of 2012, s. 8, Applied:01 Jul 2012] is to be in a form approved by the Secretary;

(b) [Section 16 Subsection (2) amended by No. 40 of 2016, s. 7, Applied:17 Oct 2016] .  .  .  .  .  .  .  .

(c) [Section 16 Subsection (2) amended by No. 23 of 2022, s. 22, Applied:24 Oct 2022] while in force, has effect to authorise the holder thereof, subject to compliance with the provisions of this Act and the conditions and restrictions specified in the licence, to carry on, at the place stated in the licence, the business of making or refining for sale–

(i) scheduled substances generally;

(ii) a specified class or specified classes of scheduled substances; or

(iii) scheduled substances other than a specified class or specified classes thereof–

as may be set forth in the licence.

(3) A licence under subsection (1) (b) –

(a) [Section 16 Subsection (3) amended by No. 7 of 2012, s. 8, Applied:01 Jul 2012] is to be in a form approved by the Secretary;

(b) [Section 16 Subsection (3) amended by No. 40 of 2016, s. 7, Applied:17 Oct 2016] .  .  .  .  .  .  .  .

(c) [Section 16 Subsection (3) amended by No. 23 of 2022, s. 22, Applied:24 Oct 2022] while in force, has effect to authorise the holder thereof, subject to compliance with the provisions of this Act and the conditions and restrictions specified in the licence, to carry on, at the place stated in the licence, the business of buying and selling, in the ordinary course of wholesale dealing–

(i) scheduled substances generally;

(ii) a specified class or specified classes of scheduled substances; or

(iii) scheduled substances other than a specified class or specified classes thereof–

as may be set forth in the licence.

(4) [Section 16 Subsection (4) amended by No. 7 of 2012, s. 8, Applied:01 Jul 2012] [Section 16 Subsection (4) omitted by No. 40 of 2016, s. 7, Applied:17 Oct 2016] .  .  .  .  .  .  .  .

(5) Where the holder of a licence under this section changes or proposes to change the place at which he carries on his business, the Minister shall, on production of the licence, amend the licence by substituting for the place of business stated therein the place to which the carrying on of that business has been or is proposed to be changed.

(6) [Section 16 Subsection (6) amended by No. 15 of 2017, s. 7, Applied:13 Jun 2017] [Section 16 Subsection (6) amended by No. 15 of 2017, s. 7, Applied:13 Jun 2017] [Section 16 Subsection (6) amended by No. 15 of 2017, s. 7, Applied:13 Jun 2017] [Section 16 Subsection (6) amended by No. 40 of 2016, s. 7, Applied:17 Oct 2016] [Section 16 Subsection (6) amended by No. 7 of 2012, s. 8, Applied:01 Jul 2012] [Section 16 Subsection (6) amended by No. 7 of 2012, s. 8, Applied:01 Jul 2012] A licence under this section, unless sooner cancelled, continues in force for a period specified in the licence of up to 24 months from the day on which it is granted.

(7) [Section 16 Subsection (7) substituted by No. 27 of 1984, s. 9 ][Section 16 Subsection (7) omitted by No. 40 of 2016, s. 7, Applied:17 Oct 2016] [Section 16 Subsection (7) inserted by No. 15 of 2017, s. 7, Applied:13 Jun 2017] If a licence under this section was in force immediately before the commencement of the Poisons (Miscellaneous Amendments) Act 2017 , that licence continues in force for a period of 24 months, unless sooner cancelled, from the date on which it was granted.

(8) [Section 16 Subsection (8) inserted by No. 27 of 1984, s. 9 ][Section 16 Subsection (8) omitted by No. 40 of 2016, s. 7, Applied:17 Oct 2016] .  .  .  .  .  .  .  .

(9) [Section 16 Subsection (9) added by No. 27 of 1984, s. 9 ][Section 16 Subsection (9) omitted by No. 40 of 2016, s. 7, Applied:17 Oct 2016] .  .  .  .  .  .  .  .

16A.

[Section 16A Inserted by No. 7 of 2012, s. 9, Applied:01 Jul 2012] [Section 16A Repealed by No. 40 of 2016, s. 8, Applied:17 Oct 2016]

16B.

[Section 16B Inserted by No. 7 of 2012, s. 9, Applied:01 Jul 2012] [Section 16B Repealed by No. 40 of 2016, s. 8, Applied:17 Oct 2016]

16C.

[Section 16C Inserted by No. 7 of 2012, s. 9, Applied:01 Jul 2012] [Section 16C Repealed by No. 40 of 2016, s. 8, Applied:17 Oct 2016]

17.

[Section 17 Repealed by No. 40 of 2016, s. 8, Applied:17 Oct 2016]

Offences

18 Offences

[Section 18 Subsection (1) amended by No. 43 of 1991, s. 5 and Sched. 1 ]**[Section 18 Subsection (2) amended by No. 43 of 1991, s. 5 and Sched. 1 ]

(1) [Section 18 Subsection (1) amended by No. 40 of 2016, s. 9, Applied:17 Oct 2016] *[Section 18 Subsection (1) amended by No. 27 of 1984, s. 48 and Sched. 1 ]*A person–

(a) who–

(i) carries on the business of making or refining a scheduled substance for sale while not the holder of a licence under paragraph (a) of subsection (1) of section 16 ; or

(ii) carries on the business of buying or selling a scheduled substance in the course of a wholesale dealing while not the holder of a licence under paragraph (b) of that subsection;

(b) [Section 18 Subsection (1) amended by No. 23 of 2022, s. 23, Applied:24 Oct 2022] who, being the holder of a licence under section 16 (1) (a) , makes or refines any class of scheduled substances other than those that he is authorised by his licence to make or refine;

(c) [Section 18 Subsection (1) amended by No. 23 of 2022, s. 23, Applied:24 Oct 2022] who, being the holder of a licence under section 16 (1) (b) , buys or sells any class of scheduled substances other than those that he is authorised by his licence to buy and sell;

(d) [Section 18 Subsection (1) amended by No. 23 of 2022, s. 23, Applied:24 Oct 2022] who, being the holder of a licence under section 16 (1) (b) , sells a scheduled substance to a person who is not authorised under this Act to have in his possession, or to sell or supply, that particular substance; or

(e) who carries on any business referred to in paragraph (a) at a place of business not stated in a current licence granted to him under section 16 –

is guilty of an offence and is liable on summary conviction to a fine not exceeding 100 penalty units and, in the case of a body corporate, a fine not exceeding 500 penalty units.

(2) [Section 18 Subsection (2) amended by No. 40 of 2016, s. 9, Applied:17 Oct 2016] *[Section 18 Subsection (2) amended by No. 27 of 1984, s. 48 and Sched. 1 ]*A person who–

(a) not being the holder of a licence under section 16 (1) (a) , calls himself, or causes or allows himself to be called or known as, a manufacturing chemist; or

(b) not being the holder of a licence under section 16 (1) (b) , calls himself, or causes or allows himself to be called or known as, a wholesale chemist–

is guilty of an offence and is liable on summary conviction to a fine not exceeding 100 penalty units and, in the case of a body corporate, a fine not exceeding 500 penalty units.

(2A) [Section 18 Subsection (2A) inserted by No. 40 of 2016, s. 9, Applied:17 Oct 2016] The holder of a licence granted under section 16 must not breach a condition or restriction of that licence.

Penalty: In the case of –

(a) a body corporate, a fine not exceeding 500 penalty units; or

(b) an individual, a fine not exceeding 100 penalty units.

(3) [Section 18 Subsection (3) amended by No. 15 of 2017, s. 8, Applied:13 Jun 2017] Subject to subsection (4) , nothing in the foregoing provisions of this section prohibits the making, refining, buying, or selling of scheduled substances by a person who is–

(a) [Section 18 Subsection (3) amended by No. 15 of 2017, s. 8, Applied:13 Jun 2017] a medical practitioner;

(b) [Section 18 Subsection (3) amended by No. 15 of 2017, s. 8, Applied:13 Jun 2017] [Section 18 Subsection (3) amended by No. 23 of 2022, s. 23, Applied:24 Oct 2022] a pharmacist;

(c) [Section 18 Subsection (3) amended by No. 15 of 2017, s. 8, Applied:13 Jun 2017] a dentist; or

(d) [Section 18 Subsection (3) amended by No. 15 of 2017, s. 8, Applied:13 Jun 2017] a veterinary surgeon; or

(e) [Section 18 Subsection (3) amended by No. 15 of 2017, s. 8, Applied:13 Jun 2017] an authorised health professional.

(4) [Section 18 Subsection (4) amended by No. 23 of 2022, s. 23, Applied:24 Oct 2022] Subsection (3) does not authorise the making, refining, buying, or selling, by a person to whom that subsection relates, of a narcotic substance otherwise than–

(a) as permitted by Part V and the regulations thereunder; and

(b) in compliance in all respects with the provisions of that Part and of those regulations.

Division 3A

Licensing of first-aid providers

Division 3A Licensing of first-aid providers

18A

First-aid providers licence

18A First-aid providers licence

[Section 18A of Part II Inserted by No. 15 of 2017, s. 9, Applied:13 Jun 2017]

(1) In this section –

first-aid provider means an organisation that provides first-aid services;

first-aid provider licence means a licence granted under subsection (3) ;

prescribed substance means a substance prescribed for the purposes of this section.

(2) A first-aid provider may apply to the Minister for –

(a) the grant of a licence under subsection (3) ; or

(b) the renewal of such a licence.

(3) The Minister, in his or her discretion, may, on the application of a first-aid provider –

(a) grant, or refuse to grant, to that first-aid provider a licence; or

(b) renew, or refuse to renew, a licence.

(4) Without limiting the Minister's discretion, the Minister may refuse to grant an application if the Minister considers that the applicant does not have appropriate clinical governance arrangements in place.

(5) A first-aid provider licence authorises the licence holder to purchase, possess and supply prescribed substances for the purposes of first-aid services, subject to compliance with the provisions of this Act and any conditions and restrictions specified in the licence.

(6) A first-aid provider licence, unless sooner cancelled, continues in force for a period specified in the licence of up to 24 months from the day on which it is granted.

Division 4

Analysts

Division 4 Analysts

Appointment and remuneration of analysts

19 Appointment and remuneration of analysts

(1) [Section 19 Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] [Section 19 Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] [Section 19 Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] *[Section 19 Subsection (1) substituted by No. 5 of 1990, s. 3 and Sched. 1 ]*The Secretary may appoint State Service officers and State Service employees employed in the Department to be analysts for the purposes of this Act and those officers and employees are to hold office in conjunction with State Service employment.

(1A) [Section 19 Subsection (1A) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] [Section 19 Subsection (1A) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] [Section 19 Subsection (1A) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] *[Section 19 Subsection (1A) amended by No. 5 of 1990, s. 3 and Sched. 1 ]**[Section 19 Subsection (1A) renumbered by No. 46 of 1991, s. 5 and Sched. 3 ]*The Secretary may, with the approval of another Head of a State Service Agency, appoint State Service officers and State Service employees employed in that Agency, who possess competent knowledge, to be analysts for the purposes of this Act, and such officers and employees may hold office as analysts in conjunction with State Service employment.

(2) *[Section 19 Subsection (2) inserted by No. 29 of 1984, s. 3 and Sched. 1 ]*No person shall be appointed as an analyst who is directly or indirectly engaged or interested in the manufacture or sale of scheduled substances or any class or kind thereof.

(3) The Minister shall cause notice to be published in the Gazette when an appointment is made under this section stating the address of the place of residence or laboratory of the person appointed.

20.

[Section 20 Repealed by No. 5 of 1990, s. 3 and Sched. 1 ]

Powers of the Government Analyst

21 Powers of the Government Analyst

The Government Analyst has and may exercise all the powers and authorities of an analyst appointed under this Division.

Disqualification of analysts

22 Disqualification of analysts

An analyst who offends against any of the provisions of this Act with respect to a prescribed method of analysis may, if the Minister is satisfied that the offence has been wilfully committed, be disqualified by the Minister for appointment as an analyst for such period as the Minister thinks fit.

Division 5

General

Division 5 General

Appointment of inspectors

23 Appointment of inspectors

(1) The Minister may, by notice in the Gazette, appoint such inspectors as he may consider necessary for the administration of this Act.

(2) *[Section 23 Subsection (2) amended by No. 29 of 1984, s. 3 and Sched. 1 ]*The Minister shall not appoint a person as an inspector unless the person is –

(a) [Section 23 Subsection (2) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] a State Service officer or State Service employee, in respect of whom the Head of the State Service Agency in which the officer or employee is employed has given his approval for the appointment; or

(b) [Section 23 Subsection (2) amended by No. 76 of 2003, Sched. 1, Applied:01 Jan 2004] a police officer; or

(c) an officer of the Public Service of the Commonwealth or of an authority of the Commonwealth.

(3) The Governor may enter into an arrangement with the Governor-General of the Commonwealth for the exercise and performance, by officers of the Commonwealth or of an authority of the Commonwealth, of the powers, duties, and functions of inspectors under this Act.

(4) An arrangement under this section may make provision for all or any matters necessary or convenient to be provided for or incidental to the carrying out of the arrangement and shall contain provisions for the variation of the arrangement and a provision to the effect that it may be terminated by the Governor at any time.

(5) While an arrangement under this section is in force, the powers, duties, and functions of an inspector under this Act may be exercised and performed by any officer of the Commonwealth or of an authority of the Commonwealth provided for by or under the arrangement, and a reference in this Act to an inspector shall be read as including a reference to such an officer.

Delegation of functions, &c.

24 Delegation of functions, &c.

[Section 24 Subsection (1) amended by No. 5 of 1990, s. 3 and Sched. 1 ]

(1) [Section 24 Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] *[Section 24 Subsection (1) amended by No. 29 of 1984, s. 3 and Sched. 1 ]*The Minister may, by writing under his hand, delegate to the Secretary or, on the recommendation of the Secretary, to a State Service officer or State Service employee employed in the Department all or any of the powers, duties, and functions of the Minister under this Act other than–

(a) the power to make orders under this Act; and

(b) the power of delegation.

(2) The Minister may, in pursuance of this section, delegate to different persons the powers, duties, and functions conferred or imposed on the Minister by different provisions of this Act.

(3) A delegation under this section is revocable at the will of the Minister and does not prevent the exercise or performance by the Minister of any of his powers, duties, or functions under this Act.

Duties of analysts and inspectors

25 Duties of analysts and inspectors

(1) *[Section 25 Subsection (1) amended by No. 27 of 1991, s. 5 and Sched. 1 ]*Where, under this Act, a substance is submitted or transmitted to an analyst for analysis by –

(a) an inspector by whom the substance has been procured or seized; or

(b) a person who, under section 63 , in entitled to have the substance analysed –

the analyst shall carry out, or arrange for and supervise the carrying out of, the analysis as soon as practicable after receiving the substance and shall, forthwith on the completion of the analysis, prepare a certificate of the result of the analysis in the prescribed form.

(1A) *[Section 25 Subsection (1A) inserted by No. 27 of 1984, s. 10 ]**[Section 25 Subsection (1A) amended by No. 27 of 1991, s. 5 and Sched. 1 ]*Where, for the purposes of any proceedings under this Act, substances or articles are transmitted by an inspector or police officer to an analyst for examination, the analyst shall carry out, or arrange for and supervise the carrying out of, the examination as soon as practicable after receiving the substances or articles and shall, on the completion of the examination, give a certificate of the result of the examination in the prescribed form, including, where appropriate, particulars as to the identity and quantity of the substances or articles.

(2) *[Section 25 Subsection (2) amended by No. 27 of 1984, s. 10 ]*Where pursuant to section 90 (1) (c) and (d) an inspector inspects stocks of a substance or plant he shall forthwith after the completion of the inspection prepare a certificate of the results of the inspection in the prescribed form.

25A

Authorisation of registered nurses and midwives by Minister

25A Authorisation of registered nurses and midwives by Minister

[Section 25A Inserted by No. 27 of 1984, s. 11 ]

(1) [Section 25A Subsection (1) amended by No. 23 of 2022, s. 24, Applied:24 Oct 2022] [Section 25A Subsection (1) amended by No. 23 of 2022, s. 24, Applied:24 Oct 2022] [Section 25A Subsection (1) amended by No. 3 of 2010, Sched. 1, Applied:01 Jul 2010] Where in a particular case the Minister is satisfied that the prescribed circumstances exist, he may authorise in writing a registered nurse or midwife to be in possession of and to supply restricted substances or narcotic substances or restricted substances or narcotic substances of a class specified in the authorisation, in such circumstances and subject to such conditions as may be so specified.

(2) [Section 25A Subsection (2) amended by No. 23 of 2022, s. 24, Applied:24 Oct 2022] The Minister may at any time revoke an authorisation under subsection (1) or vary the class of restricted substances or narcotic substances to which such an authorisation relates or vary the circumstances in which, or the conditions subject to which, such an authorisation may be exercised.

25B

Authorisation of nurse practitioners by Secretary

25B Authorisation of nurse practitioners by Secretary

[Section 25B Inserted by No. 78 of 2007, s. 6, Applied:01 Jul 2008]

(1) The Secretary may authorise in writing a nurse practitioner to do any or all of the following in such circumstances, subject to such conditions and in relation to such substances or class of substances as may be specified in the authorisation:

(a) sell or supply –

(i) medicinal poisons or potent substances; or

(ii) medicinal poisons or potent substances of a class specified in the authorisation;

(b) be in possession of, sell, supply or prescribe –

(i) restricted substances or narcotic substances; or

(ii) restricted substances or narcotic substances of a class specified in the authorisation.

(2) The Secretary may at any time revoke an authorisation under subsection (1) or vary the substances or class of substances to which the authorisation relates or vary the circumstances in which, or the conditions subject to which, the authorisation may be exercised.

25C

Authorisation of health professionals

25C Authorisation of health professionals

[Section 25C Inserted by No. 15 of 2017, s. 10, Applied:13 Jun 2017]

(1) In this section –

[Section 25C Subsection (1) amended by No. 3 of 2025, s. 13, Applied:16 Apr 2025] authorised body, in respect of a class of health professionals, means an organisation or person, including the Crown, that is –

(a) prescribed as the authorised body for that class of health professionals for the purposes of this section; or

(b) declared to be an authorised body for that class of health professionals under section 25D(1)(b) .

(2) An authorised health professional, who is endorsed to prescribe scheduled substances by an authorised body may only, for the purposes of his or her profession, possess, sell, supply or prescribe the scheduled substances specified in that endorsement.

(3) The Governor may make regulations authorising and regulating the possession, sale, supply or prescription of scheduled substances by authorised health professionals in such circumstances, subject to such conditions and in relation to such substances or classes of substances, as may be specified in the regulations.

25D

Interim authorisation of health professionals

25D Interim authorisation of health professionals

[Section 25D Inserted by No. 15 of 2017, s. 10, Applied:13 Jun 2017]

(1) The Minister, by order, may –

(a) declare a class of health professionals to be authorised health professionals for the purposes of this Act; and

(b) declare an organisation to be an authorised body for that class of health professionals; and

(c) authorise that class of health professionals to possess, sell, supply or prescribe scheduled substances subject to such conditions and in relation to such substances or classes of substances as may be specified in the order.

(2) An order under subsection (1) ceases to have effect 6 months after the date on which it takes effect unless sooner revoked.

25E

Authorisation of persons by Minister to possess scheduled substance

25E Authorisation of persons by Minister to possess scheduled substance

[Section 25E Inserted by No. 15 of 2017, s. 10, Applied:13 Jun 2017]

(1) The Minister may authorise in writing a person, or a class of persons, to be in possession of scheduled substances of a class specified in the authorisation, in such circumstances and subject to such conditions as may be specified in the authorisation.

(2) The Minister may at any time revoke an authorisation under subsection (1) or vary the class of substances to which the authorisation relates or vary the circumstances in which, or the conditions subject to which, the authorisation may be exercised.

Part III

Poisons and Restricted Substances

Part III Poisons and Restricted Substances

Sale and supply of potent substances and hazardous and medicinal poisons

26 Sale and supply of potent substances and hazardous and medicinal poisons

[Section 26 Amended by No. 43 of 1991, s. 5 and Sched. 1 ]

(1) [Section 26 Subsection (1) amended by No. 42 of 2010, s. 5, Applied:01 Jan 2011] [Section 26 Subsection (1) amended by No. 55 of 2009, s. 4, Applied:12 Nov 2009] [Section 26 Subsection (1) substituted by No. 27 of 1984, s. 48 and Sched. 1 ][Section 26 Subsection (1) substituted by No. 55 of 1997, s. 4, Applied:22 Dec 1997] Subject to section 47A and section 47C , a person must not sell or supply to another person a substance to which this section applies unless the first person is –

(a) the holder of a licence in force under section 27 to sell or supply that substance; or

(b) [Section 26 Subsection (1) amended by No. 78 of 2007, s. 7, Applied:01 Jul 2008] a person authorised under subsection (1A) or subsection (1AB) .

Penalty: Fine not exceeding 10 penalty units.

(1A) [Section 26 Subsection (1A) amended by No. 23 of 2022, s. 25, Applied:24 Oct 2022] [Section 26 Subsection (1A) amended by No. 15 of 2017, s. 11, Applied:13 Jun 2017] [Section 26 Subsection (1A) amended by No. 3 of 2010, Sched. 1, Applied:01 Jul 2010] [Section 26 Subsection (1A) inserted by No. 27 of 1984, s. 48 and Sched. 1 ][Section 26 Subsection (1A) substituted by No. 55 of 1997, s. 4, Applied:22 Dec 1997] A medical practitioner, pharmacist, licensed manufacturing chemist, licensed wholesale chemist, dentist, authorised health professional or veterinary surgeon, in the lawful practice of his or her profession or business, is authorised to sell or supply to another person a substance to which this section applies.

(1AB) [Section 26 Subsection (1AB) inserted by No. 78 of 2007, s. 7, Applied:01 Jul 2008] An authorised nurse practitioner in the lawful practice of his or her profession and to the extent of any authorisation conferred on him or her under section 25B is authorised to sell or supply to another person a substance to which this section applies.

(1B) [Section 26 Subsection (1B) amended by No. 42 of 2010, s. 5, Applied:01 Jan 2011] [Section 26 Subsection (1B) amended by No. 55 of 2009, s. 4, Applied:12 Nov 2009] [Section 26 Subsection (1B) amended by No. 78 of 2007, s. 7, Applied:01 Jul 2008] [Section 26 Subsection (1B) inserted by No. 55 of 1997, s. 4, Applied:22 Dec 1997] Subject to section 47A and section 47C , a person must not sell or supply a restricted substance to another person unless the first person is a person authorised under subsection (1C) or subsection (1D) .

Penalty: Fine not exceeding 20 penalty units.

(1C) [Section 26 Subsection (1C) amended by No. 15 of 2017, s. 11, Applied:13 Jun 2017] [Section 26 Subsection (1C) amended by No. 3 of 2010, Sched. 1, Applied:01 Jul 2010] [Section 26 Subsection (1C) inserted by No. 55 of 1997, s. 4, Applied:22 Dec 1997] A medical practitioner, dentist, authorised health professional or veterinary surgeon, in the lawful practice of his or her profession or business, is authorised to sell or supply a restricted substance to another person.

(1D) [Section 26 Subsection (1D) inserted by No. 78 of 2007, s. 7, Applied:01 Jul 2008] An authorised nurse practitioner in the lawful practice of his or her profession and to the extent of any authorisation conferred on him or her under section 25B is authorised to sell or supply a restricted substance to another person.

(2) [Section 26 Subsection (2) amended by No. 15 of 2017, s. 11, Applied:13 Jun 2017] [Section 26 Subsection (2) amended by No. 15 of 2017, s. 11, Applied:13 Jun 2017] [Section 26 Subsection (2) amended by No. 15 of 2017, s. 11, Applied:13 Jun 2017] [Section 26 Subsection (2) amended by No. 78 of 2007, s. 7, Applied:01 Jul 2008] [Section 26 Subsection (2) amended by No. 27 of 1984, s. 48 and Sched. 1 ] Subsections (1) and (1B) do not apply to or in relation to the supply, by way of free distribution, of clinical samples of a substance to which this section applies or of a restricted substance to medical practitioners, dentists, authorised health professionals or veterinary surgeons by persons engaged in the manufacture of, or wholesale dealing in, any such substance where the distribution is made to the medical practitioner, dentist, authorised health professional or veterinary surgeon personally or by posting, by registered post, a letter or parcel containing the substance addressed to the medical practitioner, dentist, authorised health professional or veterinary surgeon.

(3) [Section 26 Subsection (3) amended by No. 23 of 2022, s. 25, Applied:24 Oct 2022] [Section 26 Subsection (3) amended by No. 23 of 2022, s. 25, Applied:24 Oct 2022] [Section 26 Subsection (3) amended by No. 15 of 2017, s. 11, Applied:13 Jun 2017] [Section 26 Subsection (3) amended by No. 78 of 2007, s. 7, Applied:01 Jul 2008] Nothing in this section authorises a medical practitioner, a dentist, an authorised health professional, an authorised nurse practitioner or a veterinary surgeon to sell or supply to another person in an open shop a substance to which this section applies unless he is the holder of a licence under section 27 authorising him to do so.

(4) *[Section 26 Subsection (4) amended by No. 95 of 1973, s. 11 and Sched. 1 ]*In this section, substance to which this section applies means a substance that is –

(a) a hazardous poison;

(b) a medicinal poison; or

(c) a potent substance.

Licences to sell certain substances

27 Licences to sell certain substances

[Section 27 Subsection (1) amended by No. 27 of 1984, s. 12 ]**[Section 27 Subsection (6) amended by No. 43 of 1991, s. 5 and Sched. 1 ]

(1AA) [Section 27 Subsection (1AA) inserted by No. 40 of 2016, s. 10, Applied:17 Oct 2016] A person may apply to the Minister for –

(a) the grant of a licence under subsection (1) ; or

(b) the renewal of a licence granted to the person under subsection (1) .

(1) [Section 27 Subsection (1) amended by No. 23 of 2022, s. 26, Applied:24 Oct 2022] [Section 27 Subsection (1) amended by No. 40 of 2016, s. 10, Applied:17 Oct 2016] *[Section 27 Subsection (1) amended by No. 75 of 1973, s. 2 and Sched. 1 ]*The Minister may, on the application of the person under subsection (1AA) , grant or refuse to grant, a licence to sell or supply substances to which this section applies to a person (not being a pharmacist) who–

(a) [Section 27 Subsection (1) amended by No. 23 of 2022, s. 26, Applied:24 Oct 2022] keeps an open shop in a place that is situated at least 10 kilometres by the nearest practicable route from a place in which a pharmacist carries on the business of a pharmacy; and

(b) [Section 27 Subsection (1) amended by No. 9 of 2003, Sched. 1, Applied:16 Apr 2003] [Section 27 Subsection (1) amended by No. 9 of 2003, Sched. 1, Applied:16 Apr 2003] [Section 27 Subsection (1) amended by No. 40 of 2016, s. 10, Applied:17 Oct 2016] produces to the Minister a certificate from a medical practitioner, or a magistrate, or the mayor of the municipal area in which that person carries on business certifying that that person is a fit and proper person to sell, in the place where his shop is situated, substances to which this section applies –

[Section 27 Subsection (1) amended by No. 40 of 2016, s. 10, Applied:17 Oct 2016] or renew, or refuse to renew, such a licence granted to the person.

(2) [Section 27 Subsection (2) amended by No. 27 of 1984, s. 12 ][Section 27 Subsection (2) omitted by No. 40 of 2016, s. 10, Applied:17 Oct 2016] .  .  .  .  .  .  .  .

(3) *[Section 27 Subsection (3) amended by No. 27 of 1984, s. 12 ]*A licence under this section –

(a) [Section 27 Subsection (3) amended by No. 40 of 2016, s. 10, Applied:17 Oct 2016] .  .  .  .  .  .  .  .

(b) [Section 27 Subsection (3) amended by No. 40 of 2016, s. 10, Applied:17 Oct 2016] .  .  .  .  .  .  .  .

(c) [Section 27 Subsection (3) amended by No. 40 of 2016, s. 10, Applied:17 Oct 2016] [Section 27 Subsection (3) amended by No. 40 of 2016, s. 10, Applied:17 Oct 2016] unless it is sooner cancelled, continues in force from the day following the day on which it is granted until the following 31st December, but, subject to Part 1A , may be renewed for further periods not exceeding 12 months at any one time; and

(d) [Section 27 Subsection (3) amended by No. 23 of 2022, s. 26, Applied:24 Oct 2022] while in force authorises the holder thereof, subject to this Act, to sell or supply to other persons in and from the shop specified in the licence substances to which this section applies, or such classes or kinds of those substances, as are specified in the licence.

(3A) [Section 27 Subsection (3A) inserted by No. 27 of 1984, s. 12 ][Section 27 Subsection (3A) omitted by No. 40 of 2016, s. 10, Applied:17 Oct 2016] .  .  .  .  .  .  .  .

(3B) [Section 27 Subsection (3B) inserted by No. 27 of 1984, s. 12 ][Section 27 Subsection (3B) omitted by No. 40 of 2016, s. 10, Applied:17 Oct 2016] .  .  .  .  .  .  .  .

(3C) [Section 27 Subsection (3C) inserted by No. 27 of 1984, s. 12 ][Section 27 Subsection (3C) omitted by No. 40 of 2016, s. 10, Applied:17 Oct 2016] .  .  .  .  .  .  .  .

(4) [Section 27 Subsection (4) substituted by No. 27 of 1984, s. 12 ][Section 27 Subsection (4) omitted by No. 40 of 2016, s. 10, Applied:17 Oct 2016] .  .  .  .  .  .  .  .

(5) *[Section 27 Subsection (5) amended by No. 27 of 1984, s. 12 ]*The holder of a licence under this section –

(a) shall keep the substances to which the licence relates in such a receptacle and in such a manner as may be prescribed or as is specified in his licence;

(b) [Section 27 Subsection (5) amended by No. 23 of 2022, s. 26, Applied:24 Oct 2022] shall not keep or place, or cause or suffer to be kept or placed, in that receptacle any articles other than substances that he is authorised by his licence to sell or supply in and from his shop;

(c) shall permit an inspector at all reasonable times to inspect that receptacle and the licensee's method of keeping substances to which this section applies;

(d) [Section 27 Subsection (5) amended by No. 23 of 2022, s. 26, Applied:24 Oct 2022] shall not sell or supply substances to which this section applies otherwise than in unopened containers bearing the name, and the address of the place of business, of a licensed manufacturing chemist, a licensed wholesale chemist, or a pharmacist, or, in the case of such a substance which was manufactured outside Tasmania, of the manufacturer of the substance; and

(e) shall comply with or not contravene, as the case requires, any condition or restriction to which the licence is subject.

(6) [Section 27 Subsection (6) amended by No. 40 of 2016, s. 10, Applied:17 Oct 2016] *[Section 27 Subsection (6) amended by No. 27 of 1984, s. 48 and Sched. 1 ]*If the holder of such a licence contravenes or fails to comply with any provision of this section that is applicable to him he is guilty of an offence and is liable on summary conviction to a fine not exceeding 10 penalty units.

(7) *[Section 27 Subsection (7) amended by No. 95 of 1973, s. 11 and Sched. 1 ]*In this section, substances to which this section applies means substances that are –

(a) hazardous poisons;

(b) medicinal poisons; or

(c) potent substances.

Sale of certain substances to be entered and kept in a poisons book

28 Sale of certain substances to be entered and kept in a poisons book

[Section 28 Subsection (4) amended by No. 43 of 1991, s. 5 and Sched. 1 ]

(1) [Section 28 Subsection (1) amended by No. 15 of 2017, s. 12, Applied:13 Jun 2017] *[Section 28 Subsection (1) amended by No. 95 of 1973, s. 11 and Sched. 1 ]*A person (in this section referred to as "the seller") who sells or supplies a hazardous poison to another person (in this section referred to as "the buyer") must, before delivering that poison to the buyer–

(a) inquire the name, place of residence, and occupation of the buyer and the purpose for which the poison is required or stated to be required by the buyer; and

(b) forthwith after making that inquiry, make in a book to be kept for the purpose by the seller (in this Act referred to as "the poisons book") a faithful entry of the sale or supply of the poison specifying–

(i) the poison so sold or supplied;

(ii) the quantity of the poison so sold or supplied;

(iii) all the particulars given by the buyer to the seller as to matters referred to in paragraph (a) ; and

(iv) the day of the month and the year of the sale or supply of the poison.

Penalty:  [Section 28 Subsection (1) amended by No. 15 of 2017, s. 12, Applied:13 Jun 2017] Fine not exceeding 20 penalty units.

(2) [Section 28 Subsection (2) substituted by No. 15 of 2017, s. 12, Applied:13 Jun 2017] The poisons book must be kept –

(a) in a form approved by the Secretary; and

(b) by the seller, for a period of at least 5 years after the day on which the final entry in the book is made.

Penalty:  Fine not exceeding 20 penalty units.

(3) [Section 28 Subsection (3) omitted by No. 15 of 2017, s. 12, Applied:13 Jun 2017] .  .  .  .  .  .  .  .

(4) [Section 28 Subsection (4) amended by No. 27 of 1984, s. 48 and Sched. 1 ][Section 28 Subsection (4) omitted by No. 15 of 2017, s. 12, Applied:13 Jun 2017] .  .  .  .  .  .  .  .

Sales of certain substances by correspondence

29 Sales of certain substances by correspondence

[Section 29 Subsection (2) amended by No. 27 of 1984, s. 48 and Sched. 1 ]**[Section 29 Subsection (3) amended by No. 43 of 1991, s. 5 and Sched. 1 ]

(1) [Section 29 Subsection (1) amended by No. 15 of 2017, s. 13, Applied:13 Jun 2017] [Section 29 Subsection (1) amended by No. 15 of 2017, s. 13, Applied:13 Jun 2017] [Section 29 Subsection (1) amended by No. 15 of 2017, s. 13, Applied:13 Jun 2017] *[Section 29 Subsection (1) amended by No. 95 of 1973, s. 11 and Sched. 1 ]*Where a person (in this subsection referred to as "the seller") sells or supplies a hazardous poison to another person (in this subsection referred to as "the buyer") as the result of a written communication received by the seller from the buyer, the seller must preserve that communication for a period of at least 5 years after the day on which it is received by him, and shall enter in the poisons book a memorandum specifying–

(a) [Section 29 Subsection (1) amended by No. 15 of 2017, s. 13, Applied:13 Jun 2017] the date of that communication;

(b) [Section 29 Subsection (1) amended by No. 15 of 2017, s. 13, Applied:13 Jun 2017] from whom that communication was sent; and

(c) [Section 29 Subsection (1) amended by No. 15 of 2017, s. 13, Applied:13 Jun 2017] the quantity and particulars of the hazardous poison ordered in that communication.

Penalty: [Section 29 Subsection (1) amended by No. 15 of 2017, s. 13, Applied:13 Jun 2017] Fine not exceeding 20 penalty units.

(2) [Section 29 Subsection (2) amended by No. 95 of 1973, s. 11 and Sched. 1 ][Section 29 Subsection (2) substituted by No. 15 of 2017, s. 13, Applied:13 Jun 2017] A person (in this subsection referred to as "the seller") must not, unless the Secretary approves otherwise, sell or supply to another person (in this subsection referred to as "the buyer") a hazardous poison as the result of written communication received by the seller from the buyer, unless the written communication is signed by the buyer.

Penalty: Fine not exceeding 10 penalty units.

(3) [Section 29 Subsection (3) amended by No. 27 of 1984, s. 48 and Sched. 1 ][Section 29 Subsection (3) substituted by No. 15 of 2017, s. 13, Applied:13 Jun 2017] For the purposes of this section, a signature includes an electronic signature.

30.

[Section 30 Subsection (2) amended by No. 43 of 1991, s. 5 and Sched. 1 ] [Section 30 Subsection (1) amended by No. 95 of 1973, s. 11 and Sched. 1 ] [Section 30 Subsection (2) amended by No. 27 of 1984, s. 48 and Sched. 1 ] [Section 30 Repealed by No. 15 of 2017, s. 14, Applied:13 Jun 2017]

Modification of section 28 in relation to certain sales, &c.

31 Modification of section 28 in relation to certain sales, &c.

[Section 31 Amended by No. 95 of 1973, s. 11 and Sched. 1 ]**[Section 31 Subsection (4) amended by No. 43 of 1991, s. 5 and Sched. 1 ]

(1) [Section 31 Subsection (1) amended by No. 15 of 2017, s. 15, Applied:13 Jun 2017] To the extent to which the provisions of section 28 require an entry in the poisons book to be signed by the person to whom a hazardous poison is sold or supplied, those provisions do not, if the conditions referred to in subsection (2) are observed, apply to or in relation to the sale or supply of such a poison to a person (in this section referred to as "the buyer") who is a medical practitioner, dentist, authorised health professional or veterinary surgeon and who requires the poison for use for the purposes, or in the conduct, of his profession.

(2) The conditions to be observed for the purposes of subsection (1) are that the person (in this section referred to as "the seller") by whom a hazardous poison is sold or supplied as mentioned in that subsection –

(a) has received, before the sale or supply thereof, an order in writing signed by the buyer stating the name and address of the buyer and the name and quantity of the hazardous poison to be sold or supplied to him;

(b) [Section 31 Subsection (2) amended by No. 15 of 2017, s. 15, Applied:13 Jun 2017] is satisfied that the signature affixed to the order is in fact the signature of the person purporting to sign it and that that person is a medical practitioner, dentist, authorised health professional or veterinary surgeon;

(c) delivers the poison personally to the buyer or sends it to the buyer by registered post;

(d) enters in the poisons book, in the appropriate column, the words "Signed order", followed by the date on which the order is executed; and

(e) preserves the order for a period of at least 5 years after the day on which he receives it.

(3) Notwithstanding any other provision of this Part, if the seller is satisfied that the buyer urgently requires a hazardous poison for use for the purposes, or in the conduct, of his profession but is, by reason of some emergency, unable before delivery either to furnish to the seller an order in writing duly signed, or to attend and sign the poisons book he may send the poison to the buyer to be handed over to him either in exchange for such an order or on the undertaking by the buyer to furnish such an order to the seller within the 24 hours next following.

(4) *[Section 31 Subsection (4) amended by No. 27 of 1984, s. 48 and Sched. 1 ]*A person who –

(a) being the buyer, gives such an undertaking as is mentioned in subsection (3) and fails to deliver to the seller a signed order in accordance with the undertaking;

(b) whether he is the buyer or not, for the purpose of obtaining delivery of a hazardous poison under subsection (3) , makes a statement that, to his knowledge, is false; or

(c) otherwise contravenes or fails to comply with a provision of this section that is applicable to him –

is guilty of an offence and is liable on summary conviction to a fine not exceeding 10 penalty units.

(5) [Section 31 Subsection (5) inserted by No. 15 of 2017, s. 15, Applied:13 Jun 2017] For the purposes of this section, a signature includes an electronic signature.

Holders of licences under section 27 to produce poisons book on demand

32 Holders of licences under section 27 to produce poisons book on demand

[Section 32 Subsection (2) amended by No. 43 of 1991, s. 5 and Sched. 1 ]

(1) *[Section 32 Subsection (1) amended by No. 95 of 1973, s. 11 and Sched. 1 ]*The holder of a licence under section 27 , immediately on demand being made to him at his shop or place of business by an inspector, shall produce to the inspector the poisons book, together with any letters, telegrams, orders, and other documents by which hazardous poisons have been ordered from the holder and that are in his possession or under his control, and permit the inspector to examine and make copies of, or take extracts from, any entry in that book or any such letter, telegram, order, or document.

(2) *[Section 32 Subsection (2) amended by No. 27 of 1984, s. 48 and Sched. 1 ]*If the holder of a licence under section 27 fails to comply with a demand made pursuant to subsection (1) by an inspector or to permit an inspector to examine or make copies or take extracts from any entry, letter, telegram, order, or document referred to in that subsection he is guilty of an offence and is liable on summary conviction to a fine not exceeding 10 penalty units.

Restrictions on the sale of hazardous poisons

33 Restrictions on the sale of hazardous poisons

*[Section 33 Amended by No. 95 of 1973, s. 11 and Sched. 1 ][Section 33 Amended by No. 27 of 1984, s. 48 and Sched. 1 ][Section 33 Amended by No. 43 of 1991, s. 5 and Sched. 1 ]**[Section 33 Amended by No. 68 of 1994, s. 3 and Sched. 1 ]*A person (in this section referred to as "the seller") shall not –

(a) sell or supply a hazardous poison to a person who is under 18 years of age;

(b) being a person under 18 years of age, sell or supply a hazardous poison to another person; or

(c) otherwise than as referred to in section 29 , or section 30 , or section 31 , sell or supply a hazardous poison to a person who is unknown to the seller unless –

(i) the sale is made in the presence of some witness who is known to the seller and knows the person to whom the poison is sold or supplied; and

(ii) any entry relating to the sale or supply of the poison required to be made under this Act is signed by the witness and the place of residence of the witness, as stated by him to the seller, has been stated in the entry before the poison is delivered.

Penalty: Fine not exceeding 10 penalty units.

Owner, &c., of hazardous poisons not to leave them about unlabelled

34 Owner, &c., of hazardous poisons not to leave them about unlabelled

[Section 34 Subsection (1) amended by No. 27 of 1984, s. 48 and Sched. 1 ]**[Section 34 Subsection (1) amended by No. 43 of 1991, s. 5 and Sched. 1 ]

(1) *[Section 34 Subsection (1) amended by No. 95 of 1973, s. 11 and Sched. 1 ]*A person, being the owner or person having possession of a hazardous poison, shall not leave it in any place (whether ordinarily accessible to other persons or not) unless the container or package in which the poison is contained –

(a) is clearly marked with the word "Poison"; and

(b) is otherwise labelled or marked as prescribed.

Penalty: Fine not exceeding 10 penalty units.

(2) [Section 34 Subsection (2) amended by No. 23 of 2022, s. 27, Applied:24 Oct 2022] This section does not apply to or in relation to a pharmacist in the conduct of his business as such.

35.

[Section 35 Amended by No. 43 of 1991, s. 5 and Sched. 1 ] [Section 35 Subsection (1) substituted by No. 27 of 1984, s. 13 ] [Section 35 Subsection (1) amended by No. 43 of 1991, s. 5 and Sched. 1 ] [Section 35 Subsection (1) amended by No. 68 of 1994, s. 3 and Sched. 1 ] [Section 35 Subsection (2) substituted by No. 27 of 1984, s. 13 ] [Section 35 Subsection (2) amended by No. 43 of 1991, s. 5 and Sched. 1 ] [Section 35 Subsection (3) inserted by No. 27 of 1984, s. 13 ] [Section 35 Subsection (3) amended by No. 43 of 1991, s. 5 and Sched. 1 ] [Section 35 Subsection (4) added by No. 27 of 1984, s. 13 ] [Section 35 Subsection (4) amended by No. 43 of 1991, s. 5 and Sched. 1 ] [Section 35 Repealed by No. 95 of 2001, Sched. 1, Applied:01 Jun 2002]

Offences relating to certain restricted substances

36 Offences relating to certain restricted substances

[Section 36 Subsection (1) amended by No. 43 of 1991, s. 5 and Sched. 1 ]

(1) [Section 36 Subsection (1) amended by No. 73 of 2013, Sched. 1, Applied:01 Jul 2014] [Section 36 Subsection (1) amended by No. 7 of 2012, s. 10, Applied:01 Jul 2012] [Section 36 Subsection (1) amended by No. 27 of 1984, s. 14 and s. 48 and Sched. 1 ][Section 36 Subsection (1) substituted by No. 55 of 1997, s. 5, Applied:22 Dec 1997] Subject to subsections (2A) and (2B) , a person must not have in his or her possession, or attempt to obtain possession of, a substance to which this section applies unless that person –

(a) [Section 36 Subsection (1) amended by No. 78 of 2007, s. 8, Applied:01 Jul 2008] [Section 36 Subsection (1) amended by No. 73 of 2013, Sched. 1, Applied:01 Jul 2014] is a person authorised under subsection (1A) , (1B) or (1C) ; or

(b) has obtained possession of the substance –

(i) [Section 36 Subsection (1) amended by No. 78 of 2007, s. 8, Applied:01 Jul 2008] [Section 36 Subsection (1) amended by No. 3 of 2010, Sched. 1, Applied:01 Jul 2010] [Section 36 Subsection (1) amended by No. 42 of 2010, s. 6, Applied:01 Jan 2011] [Section 36 Subsection (1) amended by No. 15 of 2017, s. 16, Applied:13 Jun 2017] [Section 36 Subsection (1) amended by No. 15 of 2017, s. 16, Applied:13 Jun 2017] from a medical practitioner, dentist, authorised health professional, authorised nurse practitioner, endorsed midwife or veterinary surgeon acting in the course of the lawful practice of his or her profession or business; or

(ii) on and in accordance with a prescription for its supply to him or her issued by a person referred to in subparagraph (i) , acting in the course of the lawful practice of his or her profession or business.

Penalty: Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 2 years.

(1A) [Section 36 Subsection (1A) amended by No. 23 of 2022, s. 28, Applied:24 Oct 2022] [Section 36 Subsection (1A) amended by No. 15 of 2017, s. 16, Applied:13 Jun 2017] [Section 36 Subsection (1A) amended by No. 3 of 2010, Sched. 1, Applied:01 Jul 2010] [Section 36 Subsection (1A) inserted by No. 55 of 1997, s. 5, Applied:22 Dec 1997] A medical practitioner, pharmacist, licensed manufacturing chemist, licensed wholesale chemist, dentist, authorised health professional or veterinary surgeon, in the lawful practice of his or her profession or business, is authorised to have in his or her possession, or to attempt to obtain possession of, a substance to which this section applies.

(1B) [Section 36 Subsection (1B) inserted by No. 78 of 2007, s. 8, Applied:01 Jul 2008] An authorised nurse practitioner in the lawful practice of his or her profession and to the extent of any authorisation conferred on him or her under section 25B is authorised to have in his or her possession, or to attempt to obtain possession of, a substance to which this section applies.

(1C) [Section 36 Subsection (1C) inserted by No. 73 of 2013, Sched. 1, Applied:01 Jul 2014] A person is authorised, in respect of ambulance services, to have in his or her possession, or to attempt to obtain possession of, a substance to which this section applies to the extent the person is authorised under any Secretary's written authority for the use of the substance to which this section applies for ambulance services.

(2) A person is not guilty of an offence against subsection (1) by virtue of his having in his possession, or attempting to obtain possession of, a substance to which this section applies if he proves that he had possession, or attempted to obtain possession, of the substance only for the purpose of delivering it –

(a) [Section 36 Subsection (2) amended by No. 78 of 2007, s. 8, Applied:01 Jul 2008] [Section 36 Subsection (2) amended by No. 42 of 2010, s. 6, Applied:01 Jan 2011] [Section 36 Subsection (2) amended by No. 15 of 2017, s. 16, Applied:13 Jun 2017] [Section 36 Subsection (2) amended by No. 15 of 2017, s. 16, Applied:13 Jun 2017] [Section 36 Subsection (2) amended by No. 23 of 2022, s. 28, Applied:24 Oct 2022] to a medical practitioner, pharmacist, dentist, authorised health professional, authorised nurse practitioner, endorsed midwife or veterinary surgeon; or

(b) [Section 36 Subsection (2) amended by No. 78 of 2007, s. 8, Applied:01 Jul 2008] [Section 36 Subsection (2) amended by No. 42 of 2010, s. 6, Applied:01 Jan 2011] [Section 36 Subsection (2) amended by No. 15 of 2017, s. 16, Applied:13 Jun 2017] [Section 36 Subsection (2) amended by No. 15 of 2017, s. 16, Applied:13 Jun 2017] [Section 36 Subsection (2) amended by No. 23 of 2022, s. 28, Applied:24 Oct 2022] to a person to whom its supply has been authorised by the prescription of a medical practitioner, dentist, authorised health professional, authorised nurse practitioner, endorsed midwife or veterinary surgeon.

(2AA) [Section 36 Subsection (2AA) inserted by No. 15 of 2019, Sched. 1, Applied:28 Jun 2019] A person is not guilty of an offence against subsection (1) if the person is the holder of a permit, licence or authority in force under this Act and is acting in accordance with the terms and conditions of that permit, licence or authority.

(2AB) [Section 36 Subsection (2AB) inserted by No. 21 of 2021, s. 5, Applied:17 Dec 2021] A person is not guilty of an offence against subsection (1) if –

(a) the possession by the person of the substance to which this section applies is authorised under an emergency order; and

(b) that person is acting in accordance with the emergency order.

(2A) [Section 36 Subsection (2A) inserted by No. 7 of 2012, s. 10, Applied:01 Jul 2012] [Section 36 Subsection (2A) substituted by No. 26 of 2025, s. 5, Applied:16 Feb 2026] A person may have in the person’s possession a substance to which this section applies if the substance was lawfully prescribed and dispensed to the person in another State or a Territory for the use of the person or a member of the person’s immediate family.

(2B) [Section 36 Subsection (2B) inserted by No. 73 of 2013, Sched. 1, Applied:01 Jul 2014] A person may have in his or her possession a substance to which this section applies if –

(a) the substance was lawfully supplied to the person in another State or a Territory; and

(b) the person brought the substance into this State to provide ambulance services under the Ambulance Service Act 1982 .

(2C) [Section 36 Subsection (2C) inserted by No. 26 of 2025, s. 6, Applied:16 Feb 2026] For the purposes of section 6A of the Road Safety (Alcohol and Drugs) Act 1970 , a substance in respect of which subsection (2A) applies is taken to have been obtained in accordance with this Act.

(3) [Section 36 Subsection (3) inserted by No. 55 of 1997, s. 5, Applied:22 Dec 1997] In this section,

substance to which this section applies means a restricted substance that is declared by the Minister, by order, to be a substance to which this section applies.

Regulations for the control, &c., of the manufacture, use, &c., of dangerous poisons

37 Regulations for the control, &c., of the manufacture, use, &c., of dangerous poisons

(1) *[Section 37 Subsection (1) amended by No. 95 of 1973, s. 11 and Sched. 1 ]*The Governor may make regulations for or with respect to –

(a) regulating and prohibiting the possession, manufacture, sale, supply, or use of dangerous poisons, either absolutely or except in such circumstances, or subject to such conditions, as may be prescribed; and

(b) the precautions to be taken in, or in connection with, the regulation and control of the manufacture, storage, use, distribution, or handling of any such poisons.

(2) *[Section 37 Subsection (2) amended by No. 43 of 1991, s. 5 and Sched. 1 ]*A person who is guilty of an offence against a regulation made for the purposes of this section is liable to a fine not exceeding 20 penalty units or to imprisonment for a term not exceeding 12 months, or to both.

Limitation of application of certain provisions of Division 1 of this Part

38 Limitation of application of certain provisions of Division 1 of this Part

(1) [Section 38 Subsection (1) amended by No. 55 of 1997, s. 6, Applied:22 Dec 1997] [Section 38 Subsection (1) substituted by No. 27 of 1984, s. 15 ][Section 38 Subsection (1) amended by No. 9 of 1986, s. 4 ][Section 38 Subsection (1) amended by No. 87 of 1994, s. 84 and Sched. 4 ]**[Section 38 Subsection (1) amended by No. 81 of 1995, s. 80 and Sched. 4 ] Section 26(1) and (1B) do not apply to or in relation to–

(a) [Section 38 Subsection (1) amended by No. 78 of 2007, s. 9, Applied:01 Jul 2008] [Section 38 Subsection (1) amended by No. 15 of 2017, s. 17, Applied:13 Jun 2017] [Section 38 Subsection (1) amended by No. 23 of 2022, s. 29, Applied:24 Oct 2022] the sale or supply of a restricted substance that is sold or supplied by a pharmacist on and in accordance with the prescription of a medical practitioner, dentist, authorised health professional, authorised nurse practitioner or veterinary surgeon;

(ab) [Section 38 Subsection (1) amended by No. 6 of 2000, s. 4, Applied:04 Apr 2001] [Section 38 Subsection (1) amended by No. 3 of 2010, Sched. 1, Applied:01 Jul 2010] [Section 38 Subsection (1) amended by No. 15 of 2017, s. 17, Applied:13 Jun 2017] .  .  .  .  .  .  .  .

(ac) [Section 38 Subsection (1) amended by No. 42 of 2010, s. 7, Applied:01 Jan 2011] [Section 38 Subsection (1) amended by No. 15 of 2017, s. 17, Applied:13 Jun 2017] [Section 38 Subsection (1) amended by No. 23 of 2022, s. 29, Applied:24 Oct 2022] the sale or supply of a midwifery restricted substance that is sold or supplied by a pharmacist on and in accordance with the prescription of an endorsed midwife;

(b) [Section 38 Subsection (1) amended by No. 23 of 2022, s. 29, Applied:24 Oct 2022] the sale or supply of a restricted substance (not being a specified psychotropic substance) that is sold or supplied by a pharmacist otherwise than on and in accordance with such a prescription, but only where that sale or supply is made in accordance with such conditions (if any) as are prescribed in the regulations for the purposes of this paragraph;

(ba) [Section 38 Subsection (1) amended by No. 73 of 2013, Sched. 1, Applied:01 Jul 2014] [Section 38 Subsection (1) amended by No. 23 of 2022, s. 29, Applied:24 Oct 2022] the sale or supply of a restricted substance that is sold or supplied by a pharmacist, or licensed wholesale chemist, otherwise than on and in accordance with such a prescription, but only where that sale or supply is to a person holding the Secretary's written authority for the use of the substance in respect of ambulance services;

(bb) [Section 38 Subsection (1) amended by No. 21 of 2021, s. 6, Applied:17 Dec 2021] the sale or supply of a restricted substance by a person who is authorised under, and acting in accordance with, an emergency order;

(c) [Section 38 Subsection (1) amended by No. 3 of 2010, Sched. 1, Applied:01 Jul 2010] [Section 38 Subsection (1) amended by No. 15 of 2017, s. 17, Applied:13 Jun 2017] [Section 38 Subsection (1) amended by No. 23 of 2022, s. 29, Applied:24 Oct 2022] the supply of a restricted substance by a registered nurse or midwife in accordance with an authorisation conferred on that nurse or midwife under section 25A ;

(d) the administration to a person who, because of age or mental or physical disability, whether permanent or temporary, is incapable of caring for himself of–

(i) a substance to which section 26 applies by a parent or guardian of the person; or

(ii) [Section 38 Subsection (1) amended by No. 78 of 2007, s. 9, Applied:01 Jul 2008] [Section 38 Subsection (1) amended by No. 15 of 2017, s. 17, Applied:13 Jun 2017] a restricted substance by a parent or guardian of the person as prescribed by a medical practitioner, dentist, authorised health professional or authorised nurse practitioner;

(e) [Section 38 Subsection (1) amended by No. 78 of 2007, s. 9, Applied:01 Jul 2008] [Section 38 Subsection (1) amended by No. 3 of 2010, Sched. 1, Applied:01 Jul 2010] [Section 38 Subsection (1) amended by No. 15 of 2017, s. 17, Applied:13 Jun 2017] the administration to a person of a substance to which section 26 applies or a restricted substance by a registered nurse or midwife in accordance with the written directions of a medical practitioner, dentist, authorised health professional or authorised nurse practitioner;

(ea) [Section 38 Subsection (1) amended by No. 6 of 2000, s. 4, Applied:04 Apr 2001] [Section 38 Subsection (1) amended by No. 3 of 2010, Sched. 1, Applied:01 Jul 2010] [Section 38 Subsection (1) amended by No. 3 of 2010, Sched. 1, Applied:01 Jul 2010] [Section 38 Subsection (1) amended by No. 15 of 2017, s. 17, Applied:13 Jun 2017] .  .  .  .  .  .  .  .

(f) [Section 38 Subsection (1) amended by No. 3 of 2010, Sched. 1, Applied:01 Jul 2010] [Section 38 Subsection (1) amended by No. 15 of 2017, s. 17, Applied:13 Jun 2017] .  .  .  .  .  .  .  .

(g) [Section 38 Subsection (1) amended by No. 16 of 1997, Sched. 1, Applied:30 Jul 1997] the administration to a person of a substance to which section 26 applies or a restricted substance by the master of a boat where the substance is required to be carried on a boat of that class by regulations or by-laws made under the Marine and Safety Authority Act 1997 for the purpose of providing medical treatment of a passenger or crew member on the boat;

(h) [Section 38 Subsection (1) amended by No. 73 of 2013, Sched. 1, Applied:01 Jul 2014] the administration to a person of a substance to which section 26 applies or a restricted substance by a volunteer ambulance officer, an ambulance officer, a paramedic or an interstate ambulance officer–

(i) at the direction of a medical practitioner; or

(ii) [Section 38 Subsection (1) amended by No. 73 of 2013, Sched. 1, Applied:01 Jul 2014] in accordance with the Field Protocols applying with respect to the administration of scheduled substances as approved by the Commissioner of Ambulance Services from time to time; or

(i) the administration to a person of a substance to which section 26 applies or a restricted substance by a prescribed person or a member of a class of prescribed persons in circumstances prescribed by the regulations.

(1A) [Section 38 Subsection (1A) inserted by No. 27 of 1984, s. 15 ][Section 38 Subsection (1A) substituted by No. 6 of 2000, s. 4, Applied:04 Apr 2001] In subsection (1) –[Section 38 Subsection (1A) amended by No. 15 of 2017, s. 17, Applied:13 Jun 2017] [Section 38 Subsection (1A) amended by No. 3 of 2010, Sched. 1, Applied:01 Jul 2010] [Section 38 Subsection (1A) amended by No. 15 of 2017, s. 17, Applied:13 Jun 2017]

specified psychotropic substance means a restricted substance that is designated in the regulations as a psychotropic substance for the purposes of subsection (1)(b) .

(2) Section 36 (1) does not apply to or in relation to a wholesale dealer who has in his possession, or attempts to obtain possession of, a substance to which that section applies for the purposes of a wholesale dealing.

(3) [Section 38 Subsection (3) amended by No. 95 of 1973, s. 11 and Sched. 1 ] Sections 28 , 29 , 30 , 31 , and 33 do not apply to or in relation to the sale or supply of a hazardous poison –

(a) [Section 38 Subsection (3) amended by No. 15 of 2017, s. 17, Applied:13 Jun 2017] that is made up or compounded as a medicine by–

(i) [Section 38 Subsection (3) amended by No. 23 of 2022, s. 29, Applied:24 Oct 2022] a pharmacist acting in the lawful practice of his profession as such; or

(ii) [Section 38 Subsection (3) amended by No. 23 of 2022, s. 29, Applied:24 Oct 2022] [Section 38 Subsection (3) amended by No. 23 of 2022, s. 29, Applied:24 Oct 2022] a provisionally registered pharmacist under the direct personal supervision of a pharmacist so acting–

on and in accordance with the prescription of a medical practitioner, authorised health professional, dentist, or veterinary surgeon;

(b) [Section 38 Subsection (3) amended by No. 23 of 2022, s. 29, Applied:24 Oct 2022] that is made up or compounded extemporaneously as a medicine by a pharmacist so acting for a specific and individual case, if the medicine does not contain a restricted substance; or

(c) [Section 38 Subsection (3) amended by No. 15 of 2017, s. 17, Applied:13 Jun 2017] that is made up or compounded as a medicine and is supplied by a medical practitioner so acting for the purposes of medical treatment, by a dentist so acting for the purposes of dental treatment, by an authorised health professional so acting in the course of his or her profession, or by a veterinary surgeon so acting for the purposes of animal treatment–

but this subsection does not apply in respect of a medicine for external use containing a hazardous poison unless the container thereof bears the word "Poison" printed conspicuously thereon together with the name and address of the seller.

(4) [Section 38 Subsection (4) amended by No. 95 of 1973, s. 11 and Sched. 1 ] Sections 26 , 28 , 29 , 30 , 31 , and 33 do not apply to or in relation to the sale or supply of –

(a) photographic materials for the purposes of photography;

(b) a material or liquid containing a substance that is a hazardous poison or a medicinal poison (not being such a poison that is excluded by the regulations from the operation of this subsection) for the destruction of animals, birds, insects, or plants; or

(c) a substance that is a hazardous poison, medicinal poison, potent substance, or restricted substance by a wholesale dealer in the ordinary course of wholesale dealing.

38A

Interpretation

38A Interpretation

[Section 38A of Part III Inserted by No. 21 of 2021, s. 7, Applied:17 Dec 2021] In this Division –

data source entity means a person or a class of persons, or an entity or a class of entities, approved to be a data source entity under section 38F ;

dispenser means –

(a) [Section 38A Amended by No. 23 of 2022, s. 30, Applied:24 Oct 2022] a pharmacist; and

(b) a person who is prescribed as a dispenser for the purposes of this definition;

entity means –

(a) an incorporated or unincorporated body; or

(b) the trustee of a trust; or

(c) the Commonwealth, another State or a Territory in respect of which the Secretary has entered into an agreement or memorandum of understanding under section 38C(2) ; or

(d) a person or a body in another Australian jurisdiction in respect of whom the Secretary has entered into an agreement or memorandum of understanding under section 38C(2) ; or

(e) a person or body that is prescribed as an entity for the purposes of this definition;

information includes records;

prescriber means –

(a) a medical practitioner; or

(b) a dentist; or

(c) a person who is prescribed as a prescriber for the purposes of this definition;

registered health practitioner means a registered health practitioner within the meaning of the Health Practitioner Regulation National Law (Tasmania).

38B

Secretary to establish and maintain monitored medicines database

38B Secretary to establish and maintain monitored medicines database

[Section 38B of Part III Inserted by No. 21 of 2021, s. 7, Applied:17 Dec 2021]

(1) The Secretary is to establish and maintain an electronic database (the monitored medicines database) to monitor and record –

(a) information relating to the issuing of prescriptions for monitored medicines; and

(b) information relating to the dispensing of monitored medicines on and in accordance with a prescription; and

(c) information relating to the sale and supply of monitored medicines, otherwise than on and in accordance with a prescription, by a person who is authorised by or under this Act to sell or supply monitored medicines; and

(d) information obtained for the purposes of, or in connection with, the administration or enforcement of this Act; and

(e) any other prescribed information.

(2) The purposes of the monitored medicines database are –

(a) to promote safe and effective practices for the issuing of prescriptions for monitored medicines; and

(b) to promote safe and effective practices for the dispensing of monitored medicines on and in accordance with a prescription; and

(c) to promote safe and effective practices for the sale and supply of monitored medicines, otherwise than on and in accordance with a prescription, by a person who is authorised by or under this Act to sell and supply monitored medicines; and

(d) to minimise the harm associated with monitored medicines and other high-risk substances; and

(e) to promote and protect public health and safety associated with the use of monitored medicines and other high-risk substances; and

(f) to facilitate the evaluation of, and research into, monitored medicines; and

(g) to facilitate the administration and enforcement of this Act; and

(h) any other prescribed purpose.

More sections below

Source text: opening excerpt

Sourced from Tasmanian Legislation Online (legislation.tas.gov.au), CC BY 4.0.

Part I Preliminary

1 Short title and commencement

(1) This Act may be cited as the Poisons Act 1971 .

(2) Subsection (1) of section 2 shall commence on the day on which Part III commences and subsection (2) of that section shall commence on the day on which Part V commences.

(3) The remaining provisions of this Act (other than this section, Division 1 of Part II , and section 14 ) shall commence on such days respectively as are fixed by proclamation in relation to each of those provisions.

2.

[Section 2 Repealed by No. 15 of 2017, s. 4, Applied:13 Jun 2017]

3 Interpretation

[Section 3 Subsection (1) amended by No. 43 of 1982, s. 66 and Sched. 3 ][Section 3 Subsection (1) amended by No. 99 of 1982, s. 3 and Sched. 2 ][Section 3 Subsection (1) amended by No. 27 of 1984, s. 5 ][Section 3 Subsection (1) amended by No. 51 of 1985, s. 4 and Sched. 2 ][Section 3 Subsection (1) amended by No. 5 of 1990, s. 3 and Sched. 1 ][Section 3 Subsection (1) amended by No. 4 of 1991, s. 39 and Sched. 4 ][Section 3 Subsection (1) amended by No. 68 of 1994, s. 3 and Sched. 1 ][Section 3 Subsection (1) amended by No. 100 of 1995, s. 97 and Sched. 7 ][Section 3 Subsection (1) amended by No. 2 of 1996, s. 87 and Sched. 7 ]

(1) *[Section 3 Subsection (1) amended by No. 95 of 1973, s. 2 ]*In this Act, unless the contrary intention appears –

aircraft includes a helicopter, a hovercraft, and an autogiro;

[Section 3 Subsection (1) amended by No. 40 of 2016, s. 4, Applied:17 Oct 2016] alkaloid poppy means a plant of the species Papaver somniferum or Papaver bracteatum;