Poisons Amendment (Dangerous Substances) Regulations 2014


Tasmanian Crest
Poisons Amendment (Dangerous Substances) Regulations 2014

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 2014

C. WARNER

Governor

By Her Excellency's Command,

MICHAEL DARREL JOSEPH FERGUSON

Minister for Health

1.   Short title

These regulations may be cited as the Poisons Amendment (Dangerous Substances) Regulations 2014 .

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 2008 are referred to as the Principal Regulations.

4.    Regulation 74 amended (Authorisation to manufacture, &c., certain dangerous poisons)

Regulation 74 of the Principal Regulations is amended as follows:
(a) by inserting the following definitions after the definition of authorisation in subregulation (1) :
determined major hazard facility means a determined major hazard facility as defined in regulation 5 of the Work Health and Safety Regulations 2012 ;
person conducting a business or undertaking means a person conducting a business or undertaking within the meaning of section 5 of the Work Health and Safety Act 2012 ;
(b) by omitting "applies." from the definition of prescribed dangerous poison in subregulation (1) and substituting "applies;";
(c) by inserting the following definition after the definition of prescribed dangerous poison in subregulation (1) :
workplace means a workplace as defined in section 8 of the Work Health and Safety Act 2012 .
(d) by omitting subregulation (12) and substituting the following subregulation:
(12)  Subregulation (11) does not apply to a person who is a person conducting a business or undertaking at a workplace if –
(a) the person has given written notice in accordance with regulation 348(1) of the Work Health and Safety Regulations 2012 and that notice has not be superseded by written notice given in accordance with regulation 348(4) of those regulations; or
(b) the workplace is a determined major hazard facility.

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

Notified in the Gazette on 24 December 2014

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 2008 by providing that a person who is conducting a business or undertaking at a workplace under the Work Health and Safety Act 2012 may, in certain circumstances, be exempt from the requirements governing manufacturing, obtaining, possessing, selling or supplying prescribed dangerous poisons.