Poisons Act 1971

In this Act, unless the contrary intention appears – aircraft includes a helicopter, a hovercraft, and an autogiro; alkaloid poppy means a plant of the species Papaver somniferum or Papaver bracteatum; alkaloid poppy material means a part or product of an alkaloid poppy; ambulance officer means an officer of the Ambulance Service as defined in the Ambulance Service Act 1982; ambulance services has the same meaning as in the Ambulance Service Act 1982; analysis, in relation to a substance, includes any bacteriological, biochemical, electrical, electrochemical, microscopical, pathological, or other examination or test of or applied to the substance; analyst means a person appointed as an analyst under section 19, and includes the Government Analyst; authorised health professional means a person who is – an interstate prescriber; or a member of a class of health professionals – that is prescribed for the purposes of this definition; or in respect of whom an order has been made under section 25D(1)(a); authorised nurse practitioner means a nurse practitioner authorised under section 25B; automatic machine means a machine or mechanical device that is used or capable of being used for the purpose of selling or supplying goods without the personal manipulation or attention of the seller or supplier or his employee or agent at the time of the sale or supply;Board means the Poppy Advisory and Control Board established under section 59H(1); boat includes a vessel or water craft of any description; coca leaves means the leaves of any plant of the genus erythroxylacae from which cocaine may be extracted either directly or by chemical transformation;Commissioner of Ambulance Services means the Commissioner as defined in the Ambulance Service Act 1982; container, used in relation to a substance, means a vessel, bottle, tube, capsule, tin, box, case, wrapper, cover, envelope, or other like receptacle that immediately contains the substance; court includes the Supreme Court or a judge, a magistrate, and 2 or more justices in petty session; dangerous poison means a substance that is, for the time being, specified in Schedule 7 to the Poisons List; dentist means a person registered under the Health Practitioner Regulation National Law (Tasmania) in the dental profession as a dentist; domestic poison means a substance that is, for the time being, specified in Schedule 5 to the Poisons List; drug means a substance – that is designed or intended for therapeutic use; or the sole or principal use of which is, or ordinarily is, a therapeutic use or use as an ingredient or component in the preparation or manufacture of a substance for therapeutic use; drug-dependent person means a person who – has acquired, as a result of the repeated administration of drugs of dependence, an overpowering desire for their continued administration; or has a condition such that the cessation of the administration of a drug of dependence, or the inability to obtain such a drug, is likely to cause him or her to exhibit signs of mental or physical distress or disorder; or exhibits drug-seeking behaviour that suggests impaired control as a result of the person’s continued use of drugs of dependence; or consumes or uses a drug of dependence contrary to the prescribing practitioner’s instructions; drug of dependence means a substance listed in Schedule 8 or Schedule 9 to the Poisons List and includes any substance or class of substances that the Minister declares by order to be a drug of dependence but does not include any substance or class of substances that the Minister declares by order not to be a drug of dependence; drug-seeking behaviour has the meaning given by section 4; emergency order means an order made and in force under section 38J; endorsed midwife means a midwife who is endorsed by the Nursing and Midwifery Board of Australia under section 94 of the Health Practitioner Regulation National Law (Tasmania) to prescribe scheduled substances; grow includes the following:plant a seed, seedling or cutting; graft, divide or transplant a plant; nurture, tend, grow, cultivate or harvest a plant; hazardous poison means a substance that is, for the time being, specified in Schedule 1 to the Poisons List; improvement notice means an improvement notice issued and served under section 69AA;Indian hemp means – any plant or part of a plant of the genus cannabis; the resin, whether crude or purified, obtained from any plant or part of a plant of the genus cannabis; or any preparation containing any such resin – by whatever name that plant, part, resin, or preparation may be called, and includes the achene or seed of any such plant but does not include any fibre of any such plant from which the resin has been extracted; industrial or agricultural poison means a substance that is, for the time being, specified in Schedule 6 to the Poisons List; inspector means a person appointed and holding office under section 23; interstate ambulance officer means a person providing ambulance services in this State in accordance with an interstate arrangement within the meaning of section 38A of the Ambulance Service Act 1982; interstate prescriber means a registered health practitioner, within the meaning of the Health Practitioner Regulation National Law (Tasmania), who – is, at the material time, present in another State or a Territory; and may lawfully issue prescriptions in that State or Territory; and is acting in the course of the lawful practice of the practitioner’s profession; label includes a tag, brand, mark, or statement in writing on or attached to or used in connection with a container or package containing a scheduled substance, and labelled has a corresponding meaning; licence means a licence that is granted under this Act and is in force; licensed manufacturing chemist means a person who holds a subsisting licence under section 16(1)(a); licensed wholesale chemist means a person who holds a subsisting licence under section 16(1)(b); medical practitioner means a person registered under the Health Practitioner Regulation National Law (Tasmania) in the medical profession; medicinal opium means raw opium that has undergone the processes necessary to adapt it for medicinal use in accordance with the requirements of the British Pharmacopoeia, whether it is in the form of powder or is granulated or is in any other form, and whether it is or is not mixed with a neutral substance; medicinal poison means a substance that is, for the time being, specified in Schedule 2 to the Poisons List; midwife means a person registered under the Health Practitioner Regulation National Law (Tasmania) in the midwifery profession; midwifery narcotic substance means a narcotic substance that is declared by the Minister, by order, to be a midwifery narcotic substance for the purposes of this Act; midwifery restricted substance means a restricted substance that is declared by the Minister, by order, to be a midwifery restricted substance for the purposes of this Act; monitored medicines means – narcotic substances; and substances that are prescribed to be monitored medicines; and substances that are in a class of substances that are prescribed to be monitored medicines; monitored medicines database means the electronic database established and maintained under section 38B; narcotic substance means a substance that is, for the time being, specified in Schedule 8 to the Poisons List; nurse practitioner means a person registered under the Health Practitioner Regulation National Law (Tasmania) in the nursing profession who is endorsed by the Nursing and Midwifery Board of Australia to practise as a nurse practitioner; package, used in relation to a substance, includes any means by which the substance may, for transport, for carriage, for storage, or for sale, be cased, covered, enclosed, contained, or packed; pharmacist means a person registered under the Health Practitioner Regulation National Law (Tasmania) in the pharmacy profession but does not include a person who is a provisionally registered pharmacist, or who holds student or non-practising registration in that profession; poison means a substance that is, for the time being, specified in Schedules 1, 2, 3, 5, 6 or 7 to the Poisons List; poisons book means the poisons book as defined in section 28; Poisons List means the Uniform Standard, or such part of the Uniform Standard, adopted under section 14, as amended in its application to Tasmania under that section from time to time; poppy grower's licence means a poppy grower's licence that is granted under section 54D and is in force; poppy research licence means a poppy research licence that is granted under section 54 and is in force; potent substance means a substance that is, for the time being, specified in Schedule 3 to the Poisons List; premises includes an area of land, a farm, and any part of premises; primary industries Minister means the Minister administering the Primary Industry Activities Protection Act 1995; prohibited plant means – any alkaloid poppy; coca leaves;Indian hemp; and any other plant or fungus, or part of a plant or fungus, that is declared by the Minister, by order, to be a prohibited plant for the purposes of this Act; prohibited substance means a substance or prohibited plant (other than Indian hemp) that is, for the time being, specified in Schedule 9 to the Poisons List; provisionally registered pharmacist means a person who holds provisional registration under the Health Practitioner Regulation National Law (Tasmania) in the pharmacy profession; public hospital means a hospital maintained and operated by or on behalf of the State; public institution means – a State authority; a public hospital; the University of Tasmania;TasTAFE, as continued by the TasTAFE (Skills and Training Business) Act 2021; and any other institution or establishment that is not carried on for private gain or reward and is declared by the Minister, by order, to be a public institution for the purposes of this Act; raw narcotic means – raw opium; and any other substance that is declared by the Minister, by order, to be a raw narcotic for the purposes of this Act; raw opium includes powdered or granulated opium but does not include medicinal opium; the regulations means regulations made and in force under this Act; responsible licensing authority, in relation to a licence or authorisation, means – the Board, if an application for the grant or renewal of the licence may be made to the Board or the licence has been granted or renewed by the Board; or the Minister, if an application for the grant or renewal of the licence or authorisation may be made to the Minister or the licence or authorisation has been granted or renewed by the Minister; or the Secretary, if an application for the grant of the authorisation may be made to the Secretary or the authorisation has been granted by the Secretary; responsible officer, in relation to a licence, means the person who is appointed as the responsible officer in relation to the licence under section 12; restricted substance means a substance that is, for the time being, specified in Schedule 4 to the Poisons List; scheduled substance means a substance that is, for the time being, specified in any of the schedules to the Poisons List;Secretary means the Secretary of the Department; sell means sell, whether by wholesale or retail, and includes – offer or expose for sale; keep or have in possession for sale; barter or exchange; deal in or agree to sell; send, forward, deliver, or receive for sale or on sale; and authorise, direct, cause, permit, or suffer any of those acts or things to be done– and sale and sold have corresponding meanings;State authority means a person or body of persons constituted, established, or appointed under an Act or in the exercise of the prerogative rights of the Crown to administer or control any department, business, undertaking, or institution on behalf of the State; substance includes a preparation, an admixture, and a salt or derivative of a substance; supply, in relation to a substance, includes – administer a substance, whether orally, subcutaneously, or by any other means; dispense a substance on prescription; and offer or agree to supply a substance; therapeutic use means a use for the purpose of or in connection with – preventing, diagnosing, curing, or alleviating a disease, ailment, defect, or injury in persons or animals; influencing, inhibiting, or modifying a physiological process in persons or animals; testing the susceptibility of persons or animals to a disease or ailment; or destroying or inhibiting micro-organisms that may be harmful to persons or animals; traffic includes keep or have in possession for trafficking, and trafficking has a corresponding meaning; treatment centre means a place that is approved under section 59AB as a treatment centre;Uniform Standard means – the Standard for the Uniform Scheduling of Medicines and Poisons, of the Commonwealth, published by the Australian Government under the Therapeutic Goods Act 1989 of the Commonwealth; or any similar standard published in substitution for that standard; or if the standard, or a standard published in substitution for that standard, has been amended under that Act, that standard as so amended; vehicle means any mode of transport, other than an aircraft or a boat; veterinary surgeon means a registered veterinary surgeon as defined in the Veterinary Surgeons Act 1987, except in section 36 and Parts V and VA in which case the veterinary surgeon must be present in Tasmania and acting in the course of veterinary practice in Tasmania;; volunteer ambulance officer has the same meaning as in the Ambulance Service Act 1982; wholesale dealing– means the sale or supply by a wholesale dealer in the ordinary course of his business to persons authorised by or under this Act to be in possession of or to sell a scheduled substance; and includes the sale or supply to other persons in wholesale quantities in the ordinary course of that business for use in a public institution or in connection with a prescribed profession, business, trade, or industry carried on by a person who requires any such substance for use, but not for resale, in connection with his profession, business, trade, or industry.

In this Act, a reference to an analysis or examination of a plant is a reference to such an analysis or examination for the purpose of determining whether or not the plant is a prohibited plant.

In this Act – a reference to a scheduled substance is a reference to the substance as specified in the Uniform Standard; and a reference to a substance by reference to a Schedule of a particular number is taken to be a reference to the substance as specified in the Schedule of that number to the Poisons List.

Without restricting the generality of the expression "possession", a substance or plant shall, for the purposes of this Act, be deemed to be in the possession of a person so long as it is on any land or premises occupied by him or is enjoyed or controlled by him in any place or is in his order and disposition unless he proves that he had no knowledge of the substance or plant.

In this Act, the expression this Part includes the regulations made under or for the purposes of the Part of this Act in which the expression occurs.

For the purposes of the Poisons List or of any order made under section 14 a substance may be described– by reference to any one or more of the following matters, namely:the common or scientific name of the substance; any class of substances; the composition of the substance; the purposes for which the substance may be used; the manner in which the substance is packed; such other factor or circumstance as may be specified in relation to the substance in the Poisons List or in any such order; or in any other manner so specified.

In this Act, a reference to a Commonwealth Act cited by its short title includes a reference to that Act as amended from time to time and to any Commonwealth Act passed in substitution for that Act.

The definition of prohibited substance substituted by section 4 of the Poisons Amendment Act 2013 is taken to have had effect on and from 1 July 2012.