(It is recommended that the States and Territories implement regulations which
provide controls similar to those included in this Part of the Standard.)
ADVERTISING
A person must not include any reference to a poison included in:
(a) Schedule 3 unless included in Appendix H; or
(b) Schedule 4 or Schedule 8,
of this Standard in any advertisement except in genuine professional or trade journals or other publications intended for circulation only within the medical, nursing, veterinary, dental or pharmaceutical professions or the wholesale drug industry.
A person must not include any reference to a substance included in Schedule 9 of this Standard in any advertisement.
SALE OR SUPPLY
Schedule 2 poisons
A person, other than a pharmacist (or an assistant under the direction of a pharmacist) or a medical, dental or veterinary practitioner in the lawful practice of their professions, must not sell or supply a Schedule 2 poison unless licensed to do so.
A person is not eligible to be granted a licence to sell a Schedule 2 poison by way of retail sale unless:
(1) he or she is carrying on the business of selling goods by retail; and
(2) the premises from which the poison will be sold is more than 25 kilometres by the shortest practical route from the nearest pharmacy; and
(3) he or she produces such evidence, as may be required, that he or she is a fit and proper person to be so licensed.
Schedule 3 poisons
A person, other than a pharmacist, or a medical, dental or veterinary practitioner, in the lawful practice of his or her profession, must not sell or supply a Schedule 3 poison.
The person who sells or supplies a Schedule 3 poison must:
(1) provide adequate instructions for use, either written or verbal, at the time of supply or sale; and
(2) label the container with his or her name or the name of the pharmacy and the address from which it was sold or supplied; and
(3) if required by regulation, make a record of the transaction in a prescription book or other approved recording system.
Schedule 4 poisons
A person, other than a medical, dental or veterinary practitioner in the ordinary course of their professions or a pharmacist dispensing a legal prescription must not sell or supply a Schedule 4 poison.
Paragraph 38 does not apply to a pharmacist who sells or supplies a Schedule 4 poison, other than a poison excepted by regulation from this provision, without a prescription if:
(1) the patient is under medical treatment with the poison and continuation of medication is essential; and
(2) the quantity sold or supplied does not exceed 3 days medication; and
(3) the pharmacist is satisfied that an emergency exists.
Paragraphs 34, 36, 37 and 38 do not apply to sale by way of wholesale dealing to a pharmacist, medical practitioner, veterinary practitioner, dentist or a person licensed or otherwise authorised to possess, sell or supply such poisons.
Schedule 7 poisons
(1) A person must not possess or use a Schedule 7 poison for domestic or domestic garden purposes.
(2) A person must not sell or supply:
(a) a Schedule 7 poison for domestic or domestic garden purposes; or
(b) a Schedule 7 poison being a liquid preparation containing paraquat unless it is coloured blue or green and contains sufficient stenching agent to produce an offensive smell; or
(c) a Schedule 7 poison for which an authorisation to possess or use is required by subparagraph (3) unless the purchaser produces his or her authorisation.
(3) A person must not possess or use any of the following Schedule 7 poisons unless he or she is authorised to do so by the appropriate authority:
Arsenic
Cyanides
Fluoroacetic acid
Fluoroacetamide
Hydrocyanic acid
Strychnine
Thallium.
(4) The appropriate authority may exempt a person or a class of persons from the requirement to hold an authorisation under subparagraph (3) and may vary or revoke the exemption by notice in writing.
Prohibitions on sale, prescribing and possession
A person must not:
(1) knowingly have in his or her possession or sell, supply or use a substance listed in Appendix C of this Standard for the purpose or purposes indicated in relation to that poison in Appendix C; or
(2) sell or supply, other than by way of wholesale dealing, or prescribe a poison listed in Appendix D paragraphs 1, 2, 3 or 4 except in accordance with the provisions indicated for that poison in Appendix D; or
(3) knowingly have in his or her possession a poison listed in Appendix D paragraph 5 without authority.
STORAGE
A person who sells or supplies Schedule 2 poisons must keep those poisons in such a way that public access to advice from a pharmacist is available if required.
A person who sells or supplies Schedule 3, Schedule 4 or Schedule 7 poisons must keep those poisons in a part of the premises to which the public does not have access.
DISPENSED MEDICINES
A person must not supply a dispensed medicine for human use containing:
(1) a poison for internal use listed in Appendix K unless it is clearly labelled with warning statement 39, 40 or 90 as specified in Appendix F, Part 1; or
(2) levocabastine, unless it is clearly labelled with warning statement 62 in Appendix F, Part 1; or
(3) acitretin, adapalene, bexarotene, etretinate, isotretinoin, thalidomide or tretinoin:
(i) for oral use unless it is clearly labelled with warning statements 7, 62 and 76 in Appendix F, Part 1;
(ii) for topical use unless it is clearly labelled with warning statements 62 and 77 in Appendix F, Part 1; or
(4) leflunomide unless it is clearly labelled with warning statements 7, 62 and 87 in Appendix F, Part 1; or
(5) misoprostol unless it is clearly labelled with warning statement 53 in
Appendix F, Part 1.