5Interpretation of Poisons List

5 Interpretation of Poisons List

(1)  Unless the contrary intention appears, a reference to a substance specified in the Poisons List includes –

(a) that substance prepared from natural sources or artificially; and

(b) where the substance is a plant (other than a plant included in Schedule 8 or 9 to the Poisons List or a prohibited plant), that plant, or any part of it, when packed or prepared for therapeutic use; and

(c) any salt, active principal or derivative of the substance, including esters and ethers and any salt of the active principal or derivative; and

(d) any alkaloid of the substance and any salt of the alkaloid; and

(e) any stereo-isomer of the substance and any salt of the stereo-isomer; and

(f) any recombinant form of the substance; and

(g) a preparation or admixture containing any proportion of the substance –

but does not include –

(h) a preparation or product included in Appendix A to the Uniform Standard; or

(ha) [Clause 5 Subclause (1) amended by S.R. 2025, No. 59, Applied:03 Dec 2025] a substance included in the table in clause 3 of Appendix B to the Uniform Standard when used in an area, sub-area or sub-sub-area of use specified in that table in relation to the substance; or

(i) a substance included in Appendix G to the Uniform Standard at a concentration not exceeding the concentration specified in column 2 of that Appendix in respect of that substance; or

(j) any other substance included in Schedules 1 to 6, inclusive, to the Poisons List at a concentration not exceeding 10mg per litre or 10mg per kilogram, unless that substance is also included in Schedule 7 or 8 to that List; or

(k) any substance present as an impurity in a pesticide, at a concentration at or below the maximum content for that substance specified for the pesticide in the Standards for Active Constituents, as published by the Australian Pesticides and Veterinary Medicines Authority.

(2)  Unless the contrary intention appears, where a concentration, strength or quantity is specified in the Poisons List in respect of a substance –