Poisons Act 1971

The Governor may make regulations for the purposes of this Act.

In addition to the regulations authorised to be made by any other provision of this Act, the Governor may make regulations for or with respect to– the manufacture, possession, sale, supply, storage, and safe custody of hazardous poisons and domestic poisons, including the specifications of receptacles used for the storage thereof, and the words or warning notices to be painted on, or affixed to, those receptacles, and the manner of keeping or storing substances in those receptacles and prohibiting the keeping or storage in those receptacles of any substances specified in the regulations; the kind or description of containers and packages in which scheduled substances may be sold or supplied and the size, shape, colour, and materials thereof, and the manner of sealing any such containers and packages and prohibiting the use of any such containers and packages for other substances; the marking and labelling of containers and packages in which scheduled substances or any prescribed classes or kinds of those substances, are cased, covered, enclosed, contained, or packed and the particulars (including antidotes) to be shown in labels attached to those containers and packages or in or on those containers and packages themselves; prohibiting the advertising of potent substances and restricted substances, except in specified publications or a specified class of publications, or in specified circumstances, or in accordance with or subject to specified conditions or restrictions; the regulation, control, and restriction of the contents of labels attached to or inserted in containers and packages containing a scheduled substance and of advertisements relating to such a substance and the prohibition of the use in any such labels or advertisements of claims, statements, words, and devices indicating or suggesting that the substance to which they relate may be used, or is effective, for a particular purpose; the colouring of, or of prescribed classes or kinds of, scheduled substances; the granting of permits to persons to purchase or otherwise obtain from licensed manufacturing chemists or licensed wholesale chemists, scheduled substances or any prescribed class or kind of those substances, for use for industrial, educational, advisory, or research purposes but not for resale, and the conditions, limitations, and restrictions to which those permits shall be subject, and the duration, renewal, suspension, or cancellation of those permits; the precautions to be taken in or in connection with the making, refining, preparing, storing, handling, or use of scheduled substances or of any prescribed class or kind of those substances; the application for, and the granting, duration, renewal, suspension, and cancellation of, licences, permits, and authorities under this Act (other than licences under Division 3 of Part II, or under section 27, or under Part V) and the fees payable on or in respect of the granting or renewal thereof and the terms, conditions, limitations, and restrictions to which those licences, permits, and authorities shall be, or may be, made subject; prescribing the particulars to be recorded in the poisons book; prohibiting the sale of scheduled substances or of any prescribed class or kind thereof by any method of self-service other than such methods as may be prescribed; prohibiting the sale and supply of potent substances, except in accordance with or subject to specified conditions or restrictions; specifying the persons or classes or persons authorised or entitled to purchase, use, or be in possession of scheduled substances or any prescribed class or kind of those substances; exempting from all or any of the provisions of this Act substances that by their nature are not capable of being used in evasion of this Act, or that are supplied or sold by a pharmacist or in accordance with the prescription of a medical practitioner, dentist, authorised health professional or veterinary surgeon for an individual and specific case; authorising medical practitioners and pharmacists dispensing medicines and drugs at a hospital or other like establishment, and persons in charge of public institutions, and persons in charge of laboratories for the purpose of research or instruction, and dentists, authorised health professionals, authorised nurse practitioners, endorsed midwives, veterinary surgeons, and such other persons as may be prescribed, to be in possession of any scheduled substance for the purposes of their respective professions or employments, and prescribing the conditions and restrictions subject to which such an authority may be given; authorising the prescription, obtainment, possession, keeping, use or supply of scheduled substances by such persons, or classes of persons, or in such places as may be prescribed, and in such cases or circumstances and subject to such conditions as may be prescribed; regulating the storage and safe custody of scheduled substances; regulating, controlling, and restricting the free distribution of clinical samples of scheduled substances; regulating, controlling, and restricting the issue by medical practitioners, dentists, authorised health professionals, authorised nurse practitioners, endorsed midwives or veterinary surgeons of prescriptions for the supply of a substance that is or contains a scheduled substance, the dispensing of any such prescription, and the supply and administration of any such substance thereunder; authorising, regulating, controlling or restricting the issuing of prescriptions for the supply of narcotic substances or restricted substances by specified interstate prescribers, or specified classes of interstate prescribers; authorising, regulating, controlling or restricting the dispensing of prescriptions for the supply of narcotic substances or restricted substances that have been written or issued by specified interstate prescribers, or specified classes of interstate prescribers; specifying the persons or classes of persons authorised to write, issue or dispense prescriptions for restricted substances; any other purpose that the Governor deems necessary for safeguarding the public and the public health in relation to scheduled substances; and providing for any contravention of or failure to comply with a provision of the regulations to be an offence and providing on the summary conviction of a person for such an offence for the imposition of a fine not exceeding 10 penalty units.

The regulations made under this section or under any other provision of this Act may – authorise any matter to be determined, applied or regulated by the Secretary or the Director of Public Health appointed under section 6 of the Public Health Act 1997; and confer a power or impose a duty on the Secretary or the Director of Public Health appointed under section 6 of the Public Health Act 1997.

The regulations made under this section or under any other provision of this Act may require that, in such cases as may be prescribed, any application, return, record, or other document required or permitted to be made, furnished, or lodged under or for the purposes of the regulations shall be verified by statutory declaration made by such person as may be prescribed.

The regulations made under this section or under any other provision of this Act – may be of general or specially limited application; may apply to or in relation to substances generally or specified classes or kinds of substances; and may make different provision in relation to different substances or may differ according to differences in the purposes for which substances are sold, supplied, or used or differences in locality, place, time, or circumstance.

The regulations (whether made under this section or under any other provision of this Act) shall not be regarded as invalid on the ground that they delegate to or confer on the Minister or a prescribed officer a discretionary authority.

The regulations made under this section or under any other provision of this Act are in addition to and not in derogation of any regulations made under the Health Practitioner Regulation National Law (Tasmania), the Fertilizers Act 1993, the Public Health Act 1997, the Food Act 2003 or the Agricultural and Veterinary Chemicals (Control of Use) Act 1995 but if a provision of a regulation made under any one of those Acts is inconsistent with a provision of a regulation made under this Act (whether the regulation made under this Act is made before or after the making of the regulation under the other Act) the provision of the regulation made under this Act, to the extent of the inconsistency, prevails.