Poisons Amendment Act 1997

Poisons Amendment Act 1997

An Act to amend the Poisons Act 1971

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1.   Short title

This Act may be cited as the Poisons Amendment Act 1997 .

2.   Commencement

This Act commences on the day on which it receives the Royal Assent.

3.   Principal Act

In this Act, the Poisons Act 1971 is referred to as the Principal Act.

4.    Section 26 amended (Sale or supply of certain substances prohibited)

Section 26 of the Principal Act is amended by omitting subsections (1) and (1A) and substituting the following subsections:

(1)  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) a person authorised under subsection (1A) .

Penalty:  Fine not exceeding 10 penalty units.

(1A)  A registered medical practitioner, pharmaceutical chemist, licensed manufacturing chemist, licensed wholesale chemist, dentist 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.

(1B)  A person must not sell or supply a restricted substance to another person unless the first person is a person authorised under subsection (1C) .

Penalty:  Fine not exceeding 20 penalty units.

(1C)  A registered medical practitioner, dentist 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.

5.    Section 36 amended (Offences relating to certain restricted substances)

Section 36 of the Principal Act is amended as follows:

(a) by omitting subsection (1) and substituting the following subsections:

(1)  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) is a person authorised under subsection (1A) ; or

(b) has obtained possession of the substance –

(i) from a registered medical practitioner, dentist 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)  A registered medical practitioner, pharmaceutical chemist, licensed manufacturing chemist, licensed wholesale chemist, dentist 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.

(b) by inserting the following subsection after subsection (2) :

(3)  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.

6.   Section 38 amended (Limitation of application of certain provisions of Division 1 of this Part)

Section 38 of the Principal Act is amended by omitting from subsection (1) "Section 26(1) and (1A)" and substituting "Section 26(1) and (1B)".

7.    Section 45 amended (Restriction of importation)

Section 45 of the Principal Act is amended by omitting subsection (2) and substituting the following subsections:

(2)  A person must not import or bring into the State a raw narcotic or narcotic substance unless the person is –

(a) the holder of a licence granted by the Minister under this Part, acting in accordance with the terms of that licence; or

(b) a person authorised under subsection (3) .

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

(3)  A pharmaceutical chemist, licensed manufacturing chemist or licensed wholesale chemist, in the lawful practice of his or her profession or business, is authorised to import or bring into the State a raw narcotic or narcotic substance.

8.    Section 92 amended (Revocation or suspension of rights)

Section 92(7)(a) of the Principal Act is amended as follows:

(a) by omitting "or authority issued or granted under" and substituting "authorisation or authority issued, conferred or granted by or under";

(b) by inserting "authorisation" after "permit," (second occurring).

9.    Section 93 amended (Regulations)

Section 93(2) of the Principal Act is amended by inserting after paragraph (n) the following paragraph:

(na) specifying the persons or classes of persons authorised to write, issue or dispense prescriptions for restricted substances;

[Second reading presentation speech made in:

House of Assembly on 28 NOVEMBER 1997

Legislative Council on 12 NOVEMBER 1997]