Medicines and Poisons Act 2019

This Act may be cited as the Medicines and Poisons Act 2019.

This Act commences on a day to be fixed by proclamation.

The main purposes of this Act are as follows—

to ensure particular substances are made, sold, used and disposed of in an appropriate, effective and safe way;

to ensure health risks arising from the use of the substances are appropriately managed;

to ensure persons who are authorised to carry out activities using the substances have the necessary competencies to carry out the activities safely.

The main purposes of this Act are to be achieved mainly by—

identifying particular activities and substances to be controlled; and

authorising classes of persons to use the substances in controlled ways for particular purposes; and

providing for a scheme to—

authorise additional activities using the substances under approvals or licences; and

restrict the grant of approvals or licences for inappropriate purposes; and

requiring persons authorised to use the substances to have competencies and be accountable for the safe and effective use of the substances; and

requiring particular things to be done to ensure the appropriate use, quality, safety and disposal of the substances at all stages, from manufacture to supply to the consumer and final disposal as waste; and

providing for compliance with this Act to be monitored and enforced.

This Act binds all persons, including the State and, as far as the legislative power of the Parliament permits, the Commonwealth and the other States.

Nothing in this Act makes the State, the Commonwealth or another State liable to be prosecuted for an offence against this Act.

This Act does not limit or otherwise affect the application of any of the following Acts—

the Agricultural and Veterinary Chemicals (Queensland) Act 1994;

the Agricultural Chemicals Distribution Control Act 1966;

the Chemical Usage (Agricultural and Veterinary) Control Act 1988;

the Drugs Misuse Act 1986;

the Public Health Act 2005;

the Radiation Safety Act 1999;

the Therapeutic Goods Act 2019.

An activity, of a type prescribed by regulation, with a substance is exempt from the operation of this Act.

The Minister may recommend to the Governor in Council the making of a regulation prescribing a type of activity under subsection (1) only if the Minister is satisfied the activity with the substance could reasonably be expected to pose no, or a negligible, health risk to any person.

The dictionary in schedule 1 defines particular words used in this Act.

Words and expressions defined in the Poisons Standard and used in this Act have the same meaning in this Act as they have in the Poisons Standard, to the extent the context permits.

An interpretation provision in the Poisons Standard applies for interpreting the words and expressions mentioned in subsection (1) for this Act.

Subsections (1) and (2) do not apply to the meaning of poison.

For this Act, a schedule of the Poisons Standard applies to a substance if—

the substance is listed in the schedule; and

the schedule does not exclude the substance from the schedule; and

if a restriction is mentioned in the Poisons Standard for the substance—the restriction applies in relation to the substance.

A substance includes an ingredient, compound, preparation or extract of a substance.

For this Act, a substance may be described by reference to any of the following matters—

the Poisons Standard;

a code, guideline, protocol or other standard;

the purpose for which the substance is, or is intended to be, used;

the way in which the substance is, or is intended to be, used;

the quantity of the substance;

the packaging or labelling of the substance;

the physical or chemical state or form of the substance.

A medicine is—

a substance to which the Poisons Standard, schedule 2 applies (an S2 medicine); or

a substance to which the Poisons Standard, schedule 3 applies (an S3 medicine); or

a substance to which the Poisons Standard, schedule 4 applies (an S4 medicine); or

a substance to which the Poisons Standard, schedule 8 applies (an S8 medicine).

However, a substance mentioned in subsection (1) is not a medicine to the extent it is treated as a poison under section 12(2).

A regulation may prescribe another substance to be an S2, S3, S4 or S8 medicine.

A poison is any of the following substances, other than a fumigant or pesticide—

a substance to which the Poisons Standard, schedule 5 applies (an S5 poison);

a substance to which the Poisons Standard, schedule 6 applies (an S6 poison);

a substance to which the Poisons Standard, schedule 7 applies (an S7 poison).

A medicine is treated as a poison under this Act if the medicine is not used, or is not intended to be used, for a therapeutic use.

Note—

See the Poisons Standard, part 1 for the definition therapeutic use.

Subsection (2) does not apply to waste from a medicine disposed of because it is not required for a therapeutic use.

A regulation may prescribe another substance to be an S5, S6 or S7 poison.