Tasmania: Poisons Act 1971 (Tas)

Poisons Act 1971 An Act to make provision with respect to the regulation, control, and prohibition of the importation, making, refining, preparation, sale, supply, use, possession, and prescription of certain substances and plants and matters incidental thereto, and to repeal certain enactments [Royal Assent 14 December 1971] Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows: PART I - Preliminary 1. Short title and commencement (1) This Act may be cited as the Poisons Act 1971 . (2) Subsection (1) of section 2 shall commence on the day on which Part III commences and subsection (2) of that section shall commence on the day on which Part V commences. (3) The remaining provisions of this Act (other than this section, Division 1 of Part II , and section 14 ) shall commence on such days respectively as are fixed by proclamation in relation to each of those provisions. 2. . . . . . . . . 3. Interpretation (1) 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 a member of a class of health professionals – (a) that is prescribed for the purposes of this definition; or (b) in respect of whom an order has been made under section 25D(1)(a) – except in section 36 and Parts V and VA in which case the authorised health professional must be present in Tasmania and acting in the course of the practice of his or her profession in Tasmania; 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, except in section 36 and Parts V and VA in which case the dentist must be present in Tasmania and acting in the course of dental practice in Tasmania; domestic poison means a substance that is, for the time being, specified in Schedule 5 to the Poisons List; drug means a substance – (a) that is designed or intended for therapeutic use; or (b) 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 – (a) has acquired, as a result of the repeated administration of drugs of dependence, an overpowering desire for their continued administration; or (b) 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 (c) exhibits drug-seeking behaviour that suggests impaired control as a result of the person's continued use of drugs of dependence; or (d) 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: (a) plant a seed, seedling or cutting; (b) graft, divide or transplant a plant; (c) 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 – (a) any plant or part of a plant of the genus cannabis; (b) the resin, whether crude or purified, obtained from any plant or part of a plant of the genus cannabis; or (c) 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 ; 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 medical practitioner, except in section 36 and Parts V and VA in which case the medical practitioner must be present in Tasmania and acting in the course of medical practice in Tasmania; 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 – (a) narcotic substances; and (b) substances that are prescribed to be monitored medicines; and (c) 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, except in section 36 and Parts V and VA in which case the nurse practitioner must be present in Tasmania and acting in the course of nurse practitioner practice in Tasmania; 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 Part 4 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 – (a) any alkaloid poppy; (b) coca leaves; (c) Indian hemp; and (d) any other plant or part of a plant 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) a State authority; (b) a public hospital; (c) the University of Tasmania; (d) TasTAFE, as continued by the TasTAFE (Skills and Training Business) Act 2021 ; and (e) (f) 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 – (a) raw opium; and (b) 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 – (a) 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 (b) 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 (c) 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 – (a) offer or expose for sale; (b) keep or have in possession for sale; (c) barter or exchange; (d) deal in or agree to sell; (e) send, forward, deliver, or receive for sale or on sale; and (f) 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 – (a) administer a substance, whether orally, subcutaneously, or by any other means; (b) dispense a substance on prescription; and (c) offer or agree to supply a substance; therapeutic use means a use for the purpose of or in connection with – (a) preventing, diagnosing, curing, or alleviating a disease, ailment, defect, or injury in persons or animals; (b) influencing, inhibiting, or modifying a physiological process in persons or animals; (c) testing the susceptibility of persons or animals to a disease or ailment; or (d) 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 – (a) 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 (b) any similar standard published in substitution for that standard; or (c) 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 – (a) 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 (b) 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. (1A) 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. (2) In this Act – (a) a reference to a scheduled substance is a reference to the substance as specified in the Uniform Standard; and (b) 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. (3) 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. (4) 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. (5) For the purposes of the Poisons List or of any order made under section 14 a substance may be described– (a) by reference to any one or more of the following matters, namely: (i) the common or scientific name of the substance; (ii) any class of substances; (iii) the composition of the substance; (iv) the purposes for which the substance may be used; (v) the manner in which the substance is packed; (vi) such other factor or circumstance as may be specified in relation to the substance in the Poisons List or in any such order; or (b) in any other manner so specified. (6) 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. (7) . . . . . . . . (8) 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. 3A. Matters to be taken into account in deciding whether a natural person is a fit and proper person (1) Without limiting the matters to which the responsible licensing authority may have regard in deciding whether a natural person is a fit and proper person to hold a licence, the responsible licensing authority may have regard to the following: (a) any conviction of the person for an indictable offence; (b) any civil penalty (however described) imposed upon the person under a law of the Commonwealth, a State or a Territory; (c) any revocation or suspension of a licence or permit (however described) held by the person under a law of the Commonwealth, a State, a Territory or another country, being a law relating to the prohibition or regulation of drugs; (d) the connections and associations that the person has with other persons (including but not limited to the person's relatives); (e) the person's previous business experience; (f) the capacity of the person to comply with conditions of the licence; (g) whether the person has a sound and stable financial background or is in financial circumstances that may significantly limit the person's capacity to comply with his or her obligations under a licence; (h) whether the person is of good repute, having regard to matters going to their character, honesty and professional and personal integrity; (i) the person's history of compliance with this Act. (2) Subsection (1)(d) , (e) , (g) and (h) does not apply in relation to a poppy research licence or a poppy grower's licence. 3B. Matters to be taken into account in deciding whether a body corporate is a fit and proper person (1) Without limiting the matters to which the responsible licensing authority may have regard in deciding whether a body corporate is a fit and proper person to hold a licence, the responsible licensing authority may have regard to the following: (a) any conviction of the body corporate for an offence against a law of the Commonwealth, a State or a Territory; (b) any civil penalty (however described) imposed upon the body corporate under a law of the Commonwealth, a State or a Territory; (c) if there is such a conviction or imposition of a civil penalty upon the body corporate – (i) whether the offence concerned was committed, or the conduct to which the civil penalty relates occurred, at a time when any person who is presently a director or officer of the body corporate was such a director or officer; and (ii) whether the offence concerned was committed, or the conduct to which the civil penalty relates occurred, at a time when any shareholder of the body corporate who is presently in a position to influence the management of the body corporate was such a shareholder; (d) any revocation or suspension of a licence or permit (however described) held by the body corporate under a law of the Commonwealth, a State, a Territory or another country, being a law relating to the prohibition or regulation of drugs; (e) whether a person who is, or is to be, the responsible officer in relation to the licence is a fit and proper person; (f) whether – (i) each director of the corporation is a fit and proper person; or (ii) more than 10% of the corporation is owned by a person who is not a fit and proper person; (g) the connections and associations that the body corporate, and its directors and officers, have with other persons (including but not limited to relatives of such directors and officers); (h) the previous business experience of the directors and officers of the body corporate, and of the shareholders of the body corporate who are presently in a position to influence the management of the body corporate; (i) whether the body corporate has a sound and stable financial background or is in financial circumstances that may significantly limit the capacity of the body corporate to comply with its obligations under a licence; (j) the capacity of the body corporate to meet the conditions of the licence; (k) whether the directors and officers of the body corporate are of good repute, having regard to matters going to their character, honesty and professional and personal integrity; (l) the body corporate's history of compliance with this Act. (2) Subsection (1)(g) , (h) , (i) and (k) does not apply in relation to a poppy research licence or a poppy grower's licence. 4. Meaning of drug-seeking behaviour For the purposes of this Act, a person is taken to exhibit drug-seeking behaviour in respect of a drug of dependence if there is reason to believe that – (a) he or she is seeking to obtain a drug of dependence for the purpose of selling or supplying it to another person; or (b) he or she is seeking to obtain a drug of dependence for a non-medical purpose; or (c) as a result of the administration to him or her of the drug, he or she exhibits – (i) impaired ability to manage properly the use of any such drug; or (ii) behaviour which suggests such impaired ability; or (d) failure to obtain drugs of dependence for a non-medical purpose is likely to cause the person to exhibit signs of mental or physical distress or disorder. 5. Construction of Act The provisions of this Act are in addition to, and not in derogation of, the provisions of – (a) the Health Practitioner Regulation National Law (Tasmania); (b) the Fertilizers Act 1993 ; (ba) . . . . . . . . (c) the Public Health Act 1997 ; and (ca) the Food Act 2003 ; and (d) the Agricultural and Veterinary Chemicals (Control of Use) Act 1995 – but the provisions of those Acts shall be read subject to the express provisions of this Act, and, where a provision of any of those Acts is inconsistent with a provision of this Act, the last-mentioned provision, to the extent of the inconsistency, prevails. PART 1A - General Provisions Relating to Licences 6. Applications for licences or renewal of licences (1) An application under this Act for a licence, or for the renewal of a licence, must – (a) except in the case of a licence referred to in section 16 , be in a form approved by the responsible licensing authority; and (b) except in the case of a poppy research licence or a poppy grower's licence, be accompanied by the prescribed fee, if any; and (c) contain the information, and be accompanied by the records, that the responsible licensing authority requires to determine the application. (2) An application under this Act for the renewal of a licence must be lodged not less than 30 days before the expiration of the licence. (3) Despite subsection (2) , the responsible licensing authority, in its discretion, may accept an application for the renewal of a licence lodged less than 30 days before the expiration of the licence. (4) If an application for renewal of a licence is lodged, or is accepted, under this section, the licence continues in force until the licence is renewed or the responsible licensing authority refuses to renew the licence. (5) The renewal of a licence takes effect, or is taken to have taken effect, from the date on which the licence was due to expire. 7. Investigation of application (1) On receipt of an application for a licence or the renewal of a licence, the responsible licensing authority may carry out the investigations and inquiries that the responsible licensing authority considers necessary to determine the application. (2) The responsible licensing authority may, by notice in writing to a person who has applied for a licence, or for the renewal of a licence, require the person to – (a) provide the information, and produce the records, that are relevant to the investigation of the application and are specified in the notice; and (b) provide the responsible licensing authority with the authorities and consents that the responsible licensing authority requires in order to obtain from other persons financial or other confidential information concerning the applicant. (3) Despite subsection (2) , a responsible licensing authority may not require a person who has applied for a poppy research licence or a poppy grower's licence, or for the renewal of such a licence, to – (a) provide information, or produce records, that relate to financial matters or the connections or associations that the person has with other persons; or (b) provide an authority or consent so as to enable the authority to obtain, from other persons, financial information concerning the person or information as to the connections or associations that the person has with other persons. (4) If a requirement made under this section is not complied with, the responsible licensing authority may refuse to determine the application. 8. Suitability of applicant (1) The responsible licensing authority must not grant a licence to a person, or renew a licence granted to a person, unless satisfied that the person is a fit and proper person to hold the licence. (2) The responsible licensing authority must not grant a licence to a person, or renew a licence granted to a person, if the responsible licensing authority must, under the regulations, refuse to grant or to renew, respectively, the licence. (3) The responsible licensing authority may refuse to grant to a person a licence, or to renew a licence granted to a person, if – (a) the person has been found guilty of an offence that, in the opinion of the responsible licensing authority, makes the person unsuitable to be involved in any activity authorised by, or associated with, the licence; or (b) the responsible licensing authority may, under the regulations, refuse to grant or to renew, respectively, the licence. (4) The regulations may make further provision for the circumstances in which the responsible licensing authority may refuse, or is required to refuse, to grant a licence to a person or to renew, or to refuse to renew, a licence granted to a person. (5) A relevant licensing authority is to give to the applicant for a licence or the renewal of a licence, written notice of the decision of the authority to grant or renew, or to refuse to grant or renew, the licence and, if the authority refuses to grant or to renew the licence, written reasons for the refusal. 9. Conditions and restrictions of licence (1) A responsible licensing authority may grant or renew a licence on the conditions and restrictions it thinks fit and specifies in the licence. (2) A licence granted or renewed under this Act is subject to – (a) the conditions and restrictions that are imposed on the licence by this Act or the regulations; and (b) the conditions and restrictions that are specified in the licence under subsection (1) at the time it is granted or renewed, or as varied at any other time under this section. (3) If the responsible licensing authority, either on receipt of an application for the renewal of a licence granted under this section or at any time while the licence is in force, considers it necessary or desirable in the public interest to do so, the authority may vary the conditions or restrictions to which the licence is subject under subsection (2)(b) – (a) by amending the existing conditions or restrictions; or (b) by substituting new conditions or restrictions for existing conditions or restrictions; or (c) by imposing additional conditions or restrictions; or (d) by amending a list or schedule of substances which forms part of those conditions or restrictions. (4) If the responsible licensing authority varies the conditions or restrictions of a licence as provided by subsection (3) , the authority is to do one of the following: (a) cause the licence to be appropriately amended to record the variation of the conditions or restrictions and to be returned to its holder; (b) issue a new licence in place of the existing licence, specifying in the new licence the conditions or restrictions of the licence as so varied; (c) serve on the holder of the licence a notice in writing specifying the variation of the conditions or restrictions. (5) A variation of the conditions or restrictions of a licence does not have effect until the licence is returned to its holder, the new licence is issued to its holder, or the notice specifying the variation of the conditions or restrictions is served on the holder of the licence, as the case may be. 10. Suspension or cancellation of licence (1) The responsible licensing authority may, by written notice served on the holder of a licence granted under this Act, suspend or cancel the licence – (a) if satisfied that – (i) the licence holder has breached a condition or restriction of the licence; or (ii) the licence holder is no longer a fit and proper person to hold the licence; or (iii) except in the case of a poppy research licence or a poppy grower's licence – the licence holder has failed to pay a fee in relation to the licence by the date on which the licence holder is required under this Act to pay the fee; or (iv) the licence holder has become bankrupt, applied for relief of bankrupt or insolvent debtors, compounded with creditors or made an assignment of his or her remuneration for their benefit; or (v) if the licence holder is a corporation – a receiver or manager has been appointed or the licence holder is being wound up or is under official management; or (vi) the licence holder has ceased to carry on business; or (vii) the revocation or suspension is required because there is an imminent risk of harm to the public if the licence continues in force; or (viii) the premises used for the purposes of the licence are unfit for use; or (ix) the licence was obtained on the basis of incorrect or misleading information; or (b) if the licence holder requests the suspension or cancellation of the licence; or (c) if the licence is a licence granted under section 27 – because, since the licence was granted or last renewed, a pharmacist has commenced business at a pharmacy which is situated within 10 kilometres, by the nearest practicable route, of the place where the shop of the holder of the licence is situated; or (d) for any other prescribed reason. (2) Before suspending or cancelling a licence under this section (other than at the licence holder's request), the responsible authority is to – (a) give to the licence holder notice in writing specifying that the licence holder may, within 30 days from the date of the notice, make representations to the authority as to why the licence should not be suspended or cancelled; and (b) give consideration to any representations that the licence holder makes under paragraph (a) . (3) The suspension or cancellation under this section of a licence takes effect – (a) on and from the day specified in the notice under subsection (1) ; and (b) in the case of a suspension, until the suspension is revoked, if at all. 11. Immediate suspension of licence (1) The responsible licensing authority may, by verbal or written notice to the licence holder, immediately suspend a licence if the responsible licensing authority is satisfied that – (a) there is a high risk of a substance or plant to which the licence relates being diverted for illicit purposes; or (b) if the licence continues in force there is likely to be an imminent risk of harm to the public. (2) If verbal notice of the suspension of a licence is given to a licence holder, the responsible licensing authority must, as soon as practicable, confirm the suspension by written notice to the licence holder. 12. Responsible officers (1) A holder of a licence who is not a natural person is to appoint a natural person as the responsible officer in relation to the licence. (2) If the holder of a licence fails to appoint under subsection (1) a responsible officer in relation to the licence, the person responsible for the direction and management of the business of the holder of the licence is taken to have been appointed as the responsible officer in relation to the licence. (3) A holder of a licence is to ensure that a responsible officer appointed under subsection (1) has sufficient authority to perform the duties of a responsible officer under this Act. (4) A holder of a licence must – (a) notify in writing a person whom the holder of the licence has appointed to be the responsible officer that the person has been so appointed; and (b) except in the case of a poppy research licence or a poppy grower's licence, notify the Secretary in writing of the appointment of the responsible officer; and (c) except in the case of a poppy research licence or a poppy grower's licence, give notice of that appointment as far as reasonably practicable to all persons employed or engaged for the purposes of the licence. Penalty: Fine not exceeding 20 penalty units. 13. Responsibilities of responsible officer (1) In this section – responsibilities includes the duties imposed on the holder of a licence under this Act and any conditions or restrictions specified in the licence. (2) A responsible officer must perform the responsibilities of the holder of the licence. Penalty: Fine not exceeding 100 penalty units. (3) A responsible officer is not to be taken to have failed to perform any responsibility of the holder of the licence, if – (a) it was not reasonably practicable for the responsible officer to perform that responsibility; or (b) the failure to perform the responsibility was due to causes over which the responsible officer had no control and against the happening of which it was not reasonably practicable for the responsible officer to make provision; or (c) the responsible officer exercised due diligence to prevent the failure to perform the responsibility; or (d) the responsible officer was unaware that he or she had been appointed, or was taken to have been appointed, as the responsible officer. (4) Nothing in subsection (2) relieves the holder of the licence of the requirement to perform the holder's responsibilities under this Act. (5) A responsible officer may be proceeded against and convicted of having failed to perform the responsibilities of the holder of the licence under this Act whether or not the employer of the responsible officer has been proceeded against or has been convicted of having failed to perform the responsibility. 13A. Obstruction of responsible officer A person having authority or control over the responsible officer must not exercise that authority or control in any way to obstruct the responsible officer in the exercise of his or her responsibilities under this Act. Penalty: In the case of – (a) a body corporate, a fine not exceeding 500 penalty units; or (b) a natural person, a fine not exceeding 100 penalty units. PART II - Administration Division 1 - . . . . . . . . Division 2 - Classification of substances 14. Adoption and amendment of Poisons List (1) The Minister, by order, may adopt Part 4 of the Uniform Standard, as amended from time to time, as the Poisons List for the purposes of this Act. (2) The Minister may, by order, amend the Uniform Standard in its application to Tasmania – (a) by adding a specified substance or class of substances to, or omitting a specified substance or class of substances from, any of the Schedules contained in the Uniform Standard; and (b) by transferring a specified substance or class of substances from any of those Schedules to any other of those Schedules; and (c) by amending an item appearing in any of those Schedules; and (d) by omitting all or any of those Schedules and substituting a new Schedule or Schedules. (3) In amending the Uniform Standard under subsection (2) , the Minister must have regard to any relevant classification of substances made from time to time by the United Nations Organization or any of its agencies. (4) The Uniform Standard contains the following Schedules and the substances specified in those Schedules are classified in accordance with the following provisions: (a) Schedule 1 substances; (b) Schedule 2 substances – Substances, the safe use of which may require advice from a pharmacist and which should be available from a pharmacy or, where a pharmacy service is not available, from a licensed person; (c) Schedule 3 substances – Substances, the safe use of which requires professional advice but which should be available to the public from a pharmacist without prescription; (d) Schedule 4 substances – Substances, the use or supply of which should be by or on the order of persons permitted by State or Territory legislation to prescribe and should be available from a pharmacist on prescription; (e) Schedule 5 substances – Substances with a low potential for causing harm, the extent of which can be reduced through the use of appropriate packaging with simple warnings and safety directions on the label; (f) Schedule 6 substances – Substances with a moderate potential for causing harm, the extent of which can be reduced through the use of distinctive packaging with strong warnings and safety directions on the label; (g) Schedule 7 substances – Substances with a high potential for causing harm at low exposure which require special precautions during manufacture, handling or use, which should be available only to specialised or authorised users who have the skills necessary to handle them safely and to which special regulations restricting their availability, possession, storage or use may apply; (h) Schedule 8 substances – Substances which should be available for use but require restriction of manufacture, supply, distribution, possession and use to reduce abuse, misuse and physical or psychological dependence; (i) Schedule 9 substances – Substances which may be abused or misused, the manufacture, possession, sale or use of which should be prohibited by law except when required for medical or scientific research, or for analytical, teaching or training purposes with approval of Commonwealth or State or Territory health authorities. (5) An order under subsection (1) or (2) is a statutory rule for the purposes of the Rules Publication Act 1953 . 15. . . . . . . . . Division 3 - Licensing of manufacturing chemists and wholesale chemists 16. Licences (1AA) A person may apply to the Minister for – (a) the grant of a licence under subsection (1) ; or (b) the renewal of a licence granted to the person under subsection (1) . (1) The Minister, in his discretion, may, on the application of a person under subsection (1AA) , grant, or refuse to grant, to that person– (a) a licence to carry on business as a manufacturing chemist; or (b) a licence to carry on business as a wholesale chemist – or renew, or refuse to renew, such a licence granted to the person. (2) A licence under subsection (1) (a) – (a) is to be in a form approved by the Secretary; (b) . . . . . . . . (c) while in force, has effect to authorise the holder thereof, subject to compliance with the provisions of this Act and the conditions and restrictions specified in the licence, to carry on, at the place stated in the licence, the business of making or refining for sale– (i) scheduled substances generally; (ii) a specified class or specified classes of scheduled substances; or (iii) scheduled substances other than a specified class or specified classes thereof– as may be set forth in the licence. (3) A licence under subsection (1) (b) – (a) is to be in a form approved by the Secretary; (b) . . . . . . . . (c) while in force, has effect to authorise the holder thereof, subject to compliance with the provisions of this Act and the conditions and restrictions specified in the licence, to carry on, at the place stated in the licence, the business of buying and selling, in the ordinary course of wholesale dealing– (i) scheduled substances generally; (ii) a specified class or specified classes of scheduled substances; or (iii) scheduled substances other than a specified class or specified classes thereof– as may be set forth in the licence. (4) . . . . . . . . (5) Where the holder of a licence under this section changes or proposes to change the place at which he carries on his business, the Minister shall, on production of the licence, amend the licence by substituting for the place of business stated therein the place to which the carrying on of that business has been or is proposed to be changed. (6) A licence under this section, unless sooner cancelled, continues in force for a period specified in the licence of up to 24 months from the day on which it is granted. (7) If a licence under this section was in force immediately before the commencement of the Poisons (Miscellaneous Amendments) Act 2017 , that licence continues in force for a period of 24 months, unless sooner cancelled, from the date on which it was granted. (8) . . . . . . . . (9) . . . . . . . . 16A. . . . . . . . . 16B. . . . . . . . . 16C. . . . . . . . . 17. . . . . . . . . 18. Offences (1) A person– (a) who– (i) carries on the business of making or refining a scheduled substance for sale while not the holder of a licence under paragraph (a) of subsection (1) of section 16 ; or (ii) carries on the business of buying or selling a scheduled substance in the course of a wholesale dealing while not the holder of a licence under paragraph (b) of that subsection; (b) who, being the holder of a licence under section 16 (1) (a) , makes or refines any class of scheduled substances other than those that he is authorised by his licence to make or refine; (c) who, being the holder of a licence under section 16 (1) (b) , buys or sells any class of scheduled substances other than those that he is authorised by his licence to buy and sell; (d) who, being the holder of a licence under section 16 (1) (b) , sells a scheduled substance to a person who is not authorised under this Act to have in his possession, or to sell or supply, that particular substance; or (e) who carries on any business referred to in paragraph (a) at a place of business not stated in a current licence granted to him under section 16 – is guilty of an offence and is liable on summary conviction to a fine not exceeding 100 penalty units and, in the case of a body corporate, a fine not exceeding 500 penalty units. (2) A person who– (a) not being the holder of a licence under section 16 (1) (a) , calls himself, or causes or allows himself to be called or known as, a manufacturing chemist; or (b) not being the holder of a licence under section 16 (1) (b) , calls himself, or causes or allows himself to be called or known as, a wholesale chemist– is guilty of an offence and is liable on summary conviction to a fine not exceeding 100 penalty units and, in the case of a body corporate, a fine not exceeding 500 penalty units. (2A) The holder of a licence granted under section 16 must not breach a condition or restriction of that licence. Penalty: In the case of – (a) a body corporate, a fine not exceeding 500 penalty units; or (b) an individual, a fine not exceeding 100 penalty units. (3) Subject to subsection (4) , nothing in the foregoing provisions of this section prohibits the making, refining, buying, or selling of scheduled substances by a person who is– (a) a medical practitioner; (b) a pharmacist; (c) a dentist; or (d) a veterinary surgeon; or (e) an authorised health professional. (4) Subsection (3) does not authorise the making, refining, buying, or selling, by a person to whom that subsection relates, of a narcotic substance otherwise than– (a) as permitted by Part V and the regulations thereunder; and (b) in compliance in all respects with the provisions of that Part and of those regulations. Division 3A - Licensing of first-aid providers 18A. First-aid providers licence (1) In this section – first-aid provider means an organisation that provides first-aid services; first-aid provider licence means a licence granted under subsection (3) ; prescribed substance means a substance prescribed for the purposes of this section. (2) A first-aid provider may apply to the Minister for – (a) the grant of a licence under subsection (3) ; or (b) the renewal of such a licence. (3) The Minister, in his or her discretion, may, on the application of a first-aid provider – (a) grant, or refuse to grant, to that first-aid provider a licence; or (b) renew, or refuse to renew, a licence. (4) Without limiting the Minister's discretion, the Minister may refuse to grant an application if the Minister considers that the applicant does not have appropriate clinical governance arrangements in place. (5) A first-aid provider licence authorises the licence holder to purchase, possess and supply prescribed substances for the purposes of first-aid services, subject to compliance with the provisions of this Act and any conditions and restrictions specified in the licence. (6) A first-aid provider licence, unless sooner cancelled, continues in force for a period specified in the licence of up to 24 months from the day on which it is granted. Division 4 - Analysts 19. Appointment and remuneration of analysts (1) The Secretary may appoint State Service officers and State Service employees employed in the Department to be analysts for the purposes of this Act and those officers and employees are to hold office in conjunction with State Service employment. (1A) The Secretary may, with the approval of another Head of a State Service Agency, appoint State Service officers and State Service employees employed in that Agency, who possess competent knowledge, to be analysts for the purposes of this Act, and such officers and employees may hold office as analysts in conjunction with State Service employment. (2) No person shall be appointed as an analyst who is directly or indirectly engaged or interested in the manufacture or sale of scheduled substances or any class or kind thereof. (3) The Minister shall cause notice to be published in the Gazette when an appointment is made under this section stating the address of the place of residence or laboratory of the person appointed. 20. . . . . . . . . 21. Powers of the Government Analyst The Government Analyst has and may exercise all the powers and authorities of an analyst appointed under this Division. 22. Disqualification of analysts An analyst who offends against any of the provisions of this Act with respect to a prescribed method of analysis may, if the Minister is satisfied that the offence has been wilfully committed, be disqualified by the Minister for appointment as an analyst for such period as the Minister thinks fit. Division 5 - General 23. Appointment of inspectors (1) The Minister may, by notice in the Gazette, appoint such inspectors as he may consider necessary for the administration of this Act. (2) The Minister shall not appoint a person as an inspector unless the person is – (a) a State Service officer or State Service employee, in respect of whom the Head of the State Service Agency in which the officer or employee is employed has given his approval for the appointment; or (b) a police officer; or (c) an officer of the Public Service of the Commonwealth or of an authority of the Commonwealth. (3) The Governor may enter into an arrangement with the Governor-General of the Commonwealth for the exercise and performance, by officers of the Commonwealth or of an authority of the Commonwealth, of the powers, duties, and functions of inspectors under this Act. (4) An arrangement under this section may make provision for all or any matters necessary or convenient to be provided for or incidental to the carrying out of the arrangement and shall contain provisions for the variation of the arrangement and a provision to the effect that it may be terminated by the Governor at any time. (5) While an arrangement under this section is in force, the powers, duties, and functions of an inspector under this Act may be exercised and performed by any officer of the Commonwealth or of an authority of the Commonwealth provided for by or under the arrangement, and a reference in this Act to an inspector shall be read as including a reference to such an officer. 24. Delegation of functions, &c. (1) The Minister may, by writing under his hand, delegate to the Secretary or, on the recommendation of the Secretary, to a State Service officer or State Service employee employed in the Department all or any of the powers, duties, and functions of the Minister under this Act other than– (a) the power to make orders under this Act; and (b) the power of delegation. (2) The Minister may, in pursuance of this section, delegate to different persons the powers, duties, and functions conferred or imposed on the Minister by different provisions of this Act. (3) A delegation under this section is revocable at the will of the Minister and does not prevent the exercise or performance by the Minister of any of his powers, duties, or functions under this Act. 25. Duties of analysts and inspectors (1) Where, under this Act, a substance is submitted or transmitted to an analyst for analysis by – (a) an inspector by whom the substance has been procured or seized; or (b) a person who, under section 63 , in entitled to have the substance analysed – the analyst shall carry out, or arrange for and supervise the carrying out of, the analysis as soon as practicable after receiving the substance and shall, forthwith on the completion of the analysis, prepare a certificate of the result of the analysis in the prescribed form. (1A) Where, for the purposes of any proceedings under this Act, substances or articles are transmitted by an inspector or police officer to an analyst for examination, the analyst shall carry out, or arrange for and supervise the carrying out of, the examination as soon as practicable after receiving the substances or articles and shall, on the completion of the examination, give a certificate of the result of the examination in the prescribed form, including, where appropriate, particulars as to the identity and quantity of the substances or articles. (2) Where pursuant to section 90 (1) (c) and (d) an inspector inspects stocks of a substance or plant he shall forthwith after the completion of the inspection prepare a certificate of the results of the inspection in the prescribed form. 25A. Authorisation of registered nurses and midwives by Minister (1) Where in a particular case the Minister is satisfied that the prescribed circumstances exist, he may authorise in writing a registered nurse or midwife to be in possession of and to supply restricted substances or narcotic substances or restricted substances or narcotic substances of a class specified in the authorisation, in such circumstances and subject to such conditions as may be so specified. (2) The Minister may at any time revoke an authorisation under subsection (1) or vary the class of restricted substances or narcotic substances to which such an authorisation relates or vary the circumstances in which, or the conditions subject to which, such an authorisation may be exercised. 25B. Authorisation of nurse practitioners by Secretary (1) The Secretary may authorise in writing a nurse practitioner to do any or all of the following in such circumstances, subject to such conditions and in relation to such substances or class of substances as may be specified in the authorisation: (a) sell or supply – (i) medicinal poisons or potent substances; or (ii) medicinal poisons or potent substances of a class specified in the authorisation; (b) be in possession of, sell, supply or prescribe – (i) restricted substances or narcotic substances; or (ii) restricted substances or narcotic substances of a class specified in the authorisation. (2) The Secretary may at any time revoke an authorisation under subsection (1) or vary the substances or class of substances to which the authorisation relates or vary the circumstances in which, or the conditions subject to which, the authorisation may be exercised. 25C. Authorisation of health professionals (1) In this section – authorised body, in respect of a class of health professionals, means an organisation that is – (a) prescribed as the authorised body for that class of health professionals for the purposes of this section; or (b) declared to be an authorised body for that class of health professionals under section 25D(1)(b) . (2) An authorised health professional, who is endorsed to prescribe scheduled substances by an authorised body may only, for the purposes of his or her profession, possess, sell, supply or prescribe the scheduled substances specified in that endorsement. (3) The Governor may make regulations authorising and regulating the possession, sale, supply or prescription of scheduled substances by authorised health professionals in such circumstances, subject to such conditions and in relation to such substances or classes of substances, as may be specified in the regulations. 25D. Interim authorisation of health professionals (1) The Minister, by order, may – (a) declare a class of health professionals to be authorised health professionals for the purposes of this Act; and (b) declare an organisation to be an authorised body for that class of health professionals; and (c) authorise that class of health professionals to possess, sell, supply or prescribe scheduled substances subject to such conditions and in relation to such substances or classes of substances as may be specified in the order. (2) An order under subsection (1) ceases to have effect 6 months after the date on which it takes effect unless sooner revoked. 25E. Authorisation of persons by Minister to possess scheduled substance (1) The Minister may authorise in writing a person, or a class of persons, to be in possession of scheduled substances of a class specified in the authorisation, in such circumstances and subject to such conditions as may be specified in the authorisation. (2) The Minister may at any time revoke an authorisation under subsection (1) or vary the class of substances to which the authorisation relates or vary the circumstances in which, or the conditions subject to which, the authorisation may be exercised. PART III - Poisons and Restricted Substances Division 1 - Restrictions on the sale, supply, and possession of poisons and restricted substances 26. Sale and supply of potent substances and hazardous and medicinal poisons (1) Subject to section 47A and section 47C , a person must not sell or supply to another person a substance to which this section applies unless the first person is – (a) the holder of a licence in force under section 27 to sell or supply that substance; or (b) a person authorised under subsection (1A) or subsection (1AB) . Penalty: Fine not exceeding 10 penalty units. (1A) A medical practitioner, pharmacist, licensed manufacturing chemist, licensed wholesale chemist, dentist, authorised health professional or veterinary surgeon, in the lawful practice of his or her profession or business, is authorised to sell or supply to another person a substance to which this section applies. (1AB) An authorised nurse practitioner in the lawful practice of his or her profession and to the extent of any authorisation conferred on him or her under section 25B is authorised to sell or supply to another person a substance to which this section applies. (1B) Subject to section 47A and section 47C , a person must not sell or supply a restricted substance to another person unless the first person is a person authorised under subsection (1C) or subsection (1D) . Penalty: Fine not exceeding 20 penalty units. (1C) A medical practitioner, dentist, authorised health professional or veterinary surgeon, in the lawful practice of his or her profession or business, is authorised to sell or supply a restricted substance to another person. (1D) An authorised nurse practitioner in the lawful practice of his or her profession and to the extent of any authorisation conferred on him or her under section 25B is authorised to sell or supply a restricted substance to another person. (2) Subsections (1) and (1B) do not apply to or in relation to the supply, by way of free distribution, of clinical samples of a substance to which this section applies or of a restricted substance to medical practitioners, dentists, authorised health professionals or veterinary surgeons by persons engaged in the manufacture of, or wholesale dealing in, any such substance where the distribution is made to the medical practitioner, dentist, authorised health professional or veterinary surgeon personally or by posting, by registered post, a letter or parcel containing the substance addressed to the medical practitioner, dentist, authorised health professional or veterinary surgeon. (3) Nothing in this section authorises a medical practitioner, a dentist, an authorised health professional, an authorised nurse practitioner or a veterinary surgeon to sell or supply to another person in an open shop a substance to which this section applies unless he is the holder of a licence under section 27 authorising him to do so. (4) In this section, substance to which this section applies means a substance that is – (a) a hazardous poison; (b) a medicinal poison; or (c) a potent substance. 27. Licences to sell certain substances (1AA) A person may apply to the Minister for – (a) the grant of a licence under subsection (1) ; or