(cf cl 1 of P&TG Reg 1994)
This Regulation is the Poisons and Therapeutic Goods Regulation 2002.
(cf cl 2 of P&TG Reg 1994)
This Regulation commences on 1 September 2002.Note. This Regulation replaces the Poisons and Therapeutic Goods Regulation 1994 which is repealed on 1 September 2002 by section 10 (2) of the Subordinate Legislation Act 1989.
(cf cll 3 and 3A of P&TG Reg 1994)
(1) In this Regulation:charitable organisation means an organisation or association that holds an authority under Part 2 of the Charitable Fundraising Act 1991 or that is referred to in section 7 of that Act as an organisation or association to which that Act does not apply.
child-resistant closure means:
(a) in the case of a can fitted with a press-on lid, a lid of the design known as “double tight” or “triple tight”, or(b) in any other case, a closure that is resistant to opening by children and that complies with:(i) section 2 (Requirements for Reclosable Packages) of Australian Standard AS 1928—2001, Child-resistant packages, or(ii) a design approved by any order made under section 10 of the Therapeutic Goods Act 1989 of the Commonwealth, or(iii) a design approved for the time being by the Director-General.Commonwealth Department of Health means the Commonwealth Department of Health and Ageing.
current Poisons Standard has the same meaning as it has in the Therapeutic Goods Act 1989 of the Commonwealth.
day procedure centre means premises licensed as a day procedure centre under the Private Hospitals and Day Procedure Centres Act 1988.
dealer, in relation to a substance, means a person who supplies the substance as a manufacturer, as an importer or exporter or as a wholesale or retail dealer, and includes a medical practitioner, nurse practitioner, midwife practitioner, dentist, optometrist, veterinary practitioner or pharmacist in his or her capacity as a supplier of the substance.
Director-General means the Director-General of the Department of Health.
function includes a power, authority and duty, exercise a function includes perform a duty, confer a function includes impose a duty.
hallucinogen means any of the following drugs of addiction:
(a) etorphine,(b) tetrahydrocannabinol and its alkyl homologues where Schedule 8 of the Poisons List applies.hospital means a public hospital, public institution, private hospital, nursing home, day procedure centre or residential centre for persons with disabilities.
inspector means a person authorised by the Director-General to exercise the powers conferred by section 43 of the Act.
midwife means a person who is a registered midwife within the meaning of the Nurses and Midwives Act 1991.
nurse means a person who is a registered nurse within the meaning of the Nurses and Midwives Act 1991.
nursing home has the same meaning as in the Public Health Act 1991.
practitioner of alternative medicine means a herbalist, nutritionist, naturopath, practitioner of Chinese medicine or homoeopathic practitioner.
prescribed restricted substance means a substance listed in Appendix D.
prescription reference number means the unique reference number for the prescription recorded under clause 54 or 113.
private hospital means premises licensed as a private hospital under the Private Hospitals and Day Procedure Centres Act 1988.
public hospital means a public hospital within the meaning of the Health Services Act 1997.
residential centre for persons with disabilities means an institution that is declared by clause 178 to be a residential centre for persons with disabilities for the purposes of this Regulation.
retail dealer, in relation to a substance, means a person who supplies the substance as a retailer, and not as a manufacturer, importer, exporter or wholesaler, and not as a medical practitioner, nurse practitioner, midwife practitioner, dentist, optometrist, veterinary practitioner or pharmacist in his or her capacity as a supplier of the substance.
retail pharmacist means a pharmacist who is employed in premises approved under clause 1 of Schedule 2 to the Pharmacy Practice Act 2006 as suitable for carrying on the business of a pharmacist.
retail pharmacy means premises approved under clause 1 of Schedule 2 to the Pharmacy Practice Act 2006.
scientifically qualified person means:
(a) a medical practitioner, dentist or veterinary practitioner or pharmacist, or(b) a person who is the holder of a degree or diploma approved for the time being by the Director-General, or(c) a person approved for the time being by the Director-General.seized goods means regulated goods that have been seized under section 43 of the Act.
the Act means the Poisons and Therapeutic Goods Act 1966.
Therapeutic Goods Order No 20 means the order of that name, as in force from time to time under Part 2 of the Therapeutic Goods Act 1989 of the Commonwealth.
therapeutic substance means a substance that is manufactured for therapeutic use within the meaning of the current Poisons Standard.
ward of a hospital includes any theatre, laboratory or department of the hospital, other than the pharmacy department.
(2) In this Regulation:(a) expressions that are defined in the current Poisons Standard have the meanings given to them by that Standard, and(b) expressions that are defined in the current Poisons Standard and that are also defined in the Act or in this Regulation have the meanings given to them by the Act or this Regulation, respectively, and(c) a reference to a Schedule 1, 2, 3, 4, 5, 6, 7 or 8 substance is a reference to a substance included in the correspondingly numbered Schedule of the Poisons List, and(d) a reference to an Appendix B substance is a reference to a substance included in Appendix B to this Regulation.(3) Notes in the text of this Regulation do not form part of the Regulation.
4 Authorisation of nurse practitioner or midwife practitioner under section 17A of the Act
(cf cl 3B of P&TG Reg 1994)
Nothing in this Regulation authorises a nurse practitioner or midwife practitioner to possess, use, supply or prescribe any poison or restricted substance otherwise than in accordance with an authorisation in force under section 17A of the Act in respect of the nurse practitioner or midwife practitioner.
4A Authorisation of nurse practitioner or midwife practitioner to possess, use, supply or prescribe drugs of addiction
(1) Nothing in this Regulation authorises a nurse practitioner or midwife practitioner to possess, use, supply or prescribe a drug of addiction otherwise than in accordance with an authorisation of the Director-General under this clause.(2) The Director-General may, by means of a written authorisation, authorise a nurse practitioner or midwife practitioner, or a class of nurse practitioners or midwife practitioners, to possess, use, supply or prescribe any drug of addiction for the purposes of the practice of a nurse practitioner’s or midwife practitioner’s profession.(3) Such an authority is to be given only if the Director-General approves guidelines, under section 78A of the Nurses and Midwives Act 1991, that provide for the possession, use, supply or prescription of drugs of addiction by nurse practitioners or midwife practitioners and is to be given in accordance with those guidelines.(4) The Director-General may amend or revoke any authorisation given under this section.
4B Authorisation of optometrist under section 17B of the Act
Nothing in this Regulation authorises an optometrist to possess, use, supply or prescribe any poison or restricted substance unless:(a) the use of the poison or restricted substance in the practice of optometry has been approved under section 17B of the Act, and(b) the optometrist holds a drug authority issued by the Optometrists Registration Board allowing the optometrist to possess, use, supply or prescribe that poison or restricted substance.Note. Section 21 (5) of the Optometrists Act 2002 provides for a registered optometrist to possess and use certain drugs in the practice of optometry. That section is unaffected by this clause.