Poisons Amendment (Possession of Pseudoephedrine) Regulations 2005
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 .
6 June 2005W. J. E. COX
Governor
By His Excellency's Command,
D. E. LLEWELLYN
Minister for Health and Human Services
These regulations may be cited as the Poisons Amendment (Possession of Pseudoephedrine) Regulations 2005 .
These regulations take effect on the day on which their making is notified in the Gazette.
In these regulations, the Poisons Regulations 2002 are referred to as the Principal Regulations.
4. Regulation 100 substituted
Regulation 100 of the Principal Regulations is rescinded and the following regulation is substituted:100. Possession of pseudoephedrine
(1) In this regulation –registered goods has the same meaning as in the Therapeutic Goods Act 1989 of the Commonwealth;therapeutic goods register means the Australian Register of Therapeutic Goods maintained under the Therapeutic Goods Act 1989 of the Commonwealth;(2) A person must not possess more than 240 milligrams of pseudoephedrine which is not in a form included in that part of the therapeutic goods register relating to registered goods, or must not possess more than 6 grams of pseudoephedrine in a form which is included in that part of the register, unless –(a) the person is a medical practitioner, pharmaceutical chemist, registered nurse or veterinary surgeon who possesses the pseudoephedrine in the course of his or her professional practice; or(b) the person is licensed or authorised under the Act or these regulations to possess pseudoephedrine and is acting in accordance with that licence or authorisation; or(c) the person 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; or(d) the person is authorised in writing by the Secretary and is acting in accordance with that authorisation; or(e) the pseudoephedrine is prepared by a pharmaceutical chemist, medical practitioner or veterinary surgeon in the course of his or her professional practice; or(f) the pseudoephedrine is supplied to the person by a medical practitioner or a veterinary surgeon in the course of his or her professional practice; or(g) the pseudoephedrine is supplied to the person by a pharmaceutical chemist on the written order of a medical practitioner or veterinary surgeon.Penalty: Fine not exceeding 10 penalty units.
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 15 June 2005
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 2002 by prohibiting a person from possessing more than certain amounts of pseudoephedrine except in prescribed circumstances.