Division 2 Poisons List

8   Poisons List

(1)  The proclamation of the Poisons List in force under this section immediately before the commencement of Schedule 2 to the Poisons (Amendment) Act 1987 continues in force at the commencement as the proclamation of the Poisons List for the purposes of this Act.

(2)  The Poisons List shall contain 8 Schedules and the substances included in the list shall be classified as follows:

Schedule One

Substances which are of such extreme danger to life as to warrant their being supplied only by medical practitioners, nurse practitioners authorised under section 17A, midwife practitioners authorised under that section, pharmacists, dentists, veterinary practitioners or persons licensed under Part 3.

Schedule Two

Substances which are dangerous to life if misused or carelessly handled, but which should be available to the public for therapeutic use or other purposes without undue restriction.

Schedule Three

Substances which are for therapeutic use and:

(i)  about which personal advice may be required by the user in respect of their dosage, frequency of administration and general toxicity,

(ii)  with which excessive unsupervised medication is unlikely, or

(iii)  which may be required for use urgently so that their supply only on the prescription of a medical practitioner or veterinary practitioner would be likely to cause hardship.

Schedule Four

Substances which in the public interest should be supplied only upon the written prescription of a medical practitioner, nurse practitioner authorised to prescribe the substance under section 17A, midwife practitioner authorised to prescribe the substance under that section, dentist, optometrist authorised to prescribe the substance under section 17B, podiatrist authorised to prescribe the substance under section 17C or veterinary practitioner.

Schedule Five

Poisonous substances of a dangerous nature commonly used for domestic purposes which should be readily available to the public but which require caution in their handling, use and storage.

Schedule Six

Substances which should be readily available to the public for agricultural, pastoral, horticultural, veterinary, photographic or industrial purposes or for the destruction of pests.

Schedule Seven

Substances of exceptional danger which require special precautions in their manufacture or use.

Schedule Eight

Substances which are addiction producing or potentially addiction producing.

(3)–(5)  (Repealed)

(6)  The Poisons List may be amended or replaced by proclamation made on the recommendation of the Minister and published on the NSW legislation website.

(7)  An amendment of the Poisons List may be made by applying, adopting or incorporating, with or without modification, the current Poisons Standard (within the meaning of Part 5B of the Commonwealth Act) or any other published standard, as in force at a particular time or as in force from time to time.

Editorial note. See Historical notes at the end of this Act for amendments to the Poisons List.