Poisons Amendment Regulations (No. 3) 2002

Poisons Amendment Regulations (No. 3) 2002

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Poisons Act 1971 .

16 December 2002

G. S. M. GREEN

Governor

By His Excellency's Command,

D. E. LLEWELLYN

Minister for Health and Human Services

1.   Short title

These regulations may be cited as the Poisons Amendment Regulations (No. 3) 2002 .

2.   Commencement

These regulations take effect on the day on which their making is notified in the Gazette.

3.   Principal Regulations

In these regulations, the Poisons Regulations 1975 are referred to as the Principal Regulations.

4.   Regulation 2 amended (Interpretation)

Regulation 2(1) of the Principal Regulations is amended by inserting after the definition of "the Department" the following definitions:

detainee means a person who is being lawfully detained in a detention centre;

detention centre means a detention centre established under section 123 of the Youth Justice Act 1997 ;

5.   Regulations 62B and 62C inserted

After regulation 62A of the Principal Regulations, the following regulations are inserted:

62B.   Administration of certain substances to detainees

A person may administer to a detainee a substance specified in Schedule 2, 3, 4 or 8 to the Poisons List if –

(a) the person administering the substance –

(i) is an employee employed at a detention centre; and

(ii) is acting –

(A) in accordance with guidelines approved by the Secretary; or

(B) in the case of a health professional, in the course of his or her professional practice; and

(b) the detainee is incapable of safely administering the substance to himself or herself; and

(c) in the case of a substance listed in Schedule 3 to the Poisons List, the substance has been supplied by a pharmaceutical chemist or medical practitioner for the use of the detainee; and

(d) in the case of a substance listed in Schedule 4 or 8 to the Poisons List, the substance has been prescribed or supplied by a medical practitioner for the use of the detainee.

62C.   Possession of pseudoephedrine

A person must not have in his or her possession more than 100 dose forms of pseudoephedrine without the Secretary's written approval, unless the person –

(a) is a medical practitioner, pharmaceutical chemist, nurse or veterinary surgeon and the possession is in the course of his or her professional practice; or

(b) holds a licence under section 16(1) or 27(1) of the Act authorising him or her to do so; or

(c) has been supplied with the pseudoephedrine in accordance with the written order of a medical practitioner; or

(d) is the master of a vessel and the pseudoephedrine is intended to be used only for medical treatment on the vessel and is needed to complete the quantity of medicines and medical stores required or permitted to be carried on the vessel to comply with the law of the Commonwealth.

Penalty:  Fine not exceeding 10 penalty units.

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 25 December 2002

These regulations are administered in the Department of Health and Human Services.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations amend the Poisons Regulations 1975 by –

(a) providing for certain persons employed at a detention centre to administer certain substances to detainees; and

(b) making it an offence to possess 100 or more doses of pseudoephedrine except in certain circumstances.