Contents (1966 - 31)
Poisons and Therapeutic Goods Act 1966 No 31
Status information

Long title

Part 1 Preliminary

1 Name of Act
2, 3 (Repealed)
4 Definitions
5 Exemption from operation of Act
5A Relationship with Hemp Industry Act 2008

Part 2 Poisons Advisory Committee and Poisons List

Division 1 Poisons Advisory Committee

6 Poisons Advisory Committee
6A Subcommittees
6B Delegation
7 Functions of Advisory Committee

Division 2 Poisons List

8 Poisons List

Part 3 Poisons and restricted substances

Division 1 Restrictions on supply, possession, etc, of poisons and restricted substances

9 Prohibition on wholesale supply of certain substances for therapeutic use
9A (Repealed)
10 Prohibition on supply of certain substances otherwise than by wholesale
11 Restriction on wholesale supply of certain substances
12 Obtaining substances by false representation
13–15 (Repealed)
16 Offences relating to prescribed restricted substances
17 Regulations under Part 3
17A Authorisation of possession, use, supply or prescription of substances by nurses and midwives
17B Authorisation of possession, use, supply or prescription of substances by optometrists
17C Authorisation of possession, use, supply or prescription of substances by podiatrist
18 Offence to fail to comply with condition of licence or authority
18AA Director-General may restrict possession or supply
18A Evidentiary provisions

Division 2

19 (Repealed)

Part 4 Drugs of addiction

Division 1 Restrictions on possession, manufacture, supply, etc, of drugs of addiction

20–22 (Repealed)
23 Possession and supply of drugs of addiction by carers
24 Regulations under Division 1 of Part 4
25 Further offences against this Division
26 Penalties

Division 2 Restrictions on prescribing drugs of addiction

27 Definition
28 Prohibition on prescribing drugs of addiction in certain cases
28A Approval of prescribers of drugs of addiction
29 Director-General may authorise prescription or supply of drugs of addiction
30 Medical Committee
30AA Power of Medical Committee to obtain information
30A Subcommittees
30B Delegation

Part 4A Application in New South Wales of Commonwealth therapeutic goods laws

Division 1 The applied provisions

31 Application of Commonwealth therapeutic goods laws to New South Wales
32 Interpretation of Commonwealth therapeutic goods laws

Division 2 Functions and powers under applied provisions

33 Functions and powers of Commonwealth Minister
33A Functions and powers of Commonwealth Secretary
33B Functions and powers of other persons
33C Delegations by the Commonwealth Minister or Secretary
33D Appointments under Commonwealth therapeutic goods laws

Division 3 Administrative law matters

33E Application of Commonwealth administrative laws to applied provisions
33F Functions and powers conferred on Commonwealth officers and authorities

Division 4 Offences

33G Object of this Division
33H Application of Commonwealth criminal laws to offences against applied provisions
33I Functions and powers conferred on certain Commonwealth officers and authorities relating to offences
33J No double jeopardy for offences against applied provisions

Division 5 Miscellaneous

33K (Repealed)
33L Commonwealth may retain fees paid to Commonwealth Secretary

Part 5 General

Division 1 Offences

34 Hawking of poisons and therapeutic goods
35 Director-General can obtain information about certain substances and goods
36 Offence to supply certain substances and goods by automatic machine
36AA Medicines to be dispensed by pharmacists
36A Offence to supply unregistered or unlisted goods
36B Offence to supply regulated goods by retail after expiry date
36C Offence to use certain therapeutic devices without licence
36D Offences by bodies corporate
37 Prohibition on supply etc of any poison, restricted substance or drug of addiction

Division 2 Analysts and analysis

37A Appointment of analysts
37B Conduct of analyses
38 Calculation of percentages in case of liquid preparations

Division 3 Evidentiary matters

39 Certificate of Director-General prima facie evidence
40 Proof of certificate of an analyst
41 Evidence in prosecutions under this Act

Division 4 Enforcement

42 Inspectors
43 Powers of entry and seizure
43A Search warrant may be issued in certain cases
43B Powers of detention and search
44 Penalty
45 Proceedings for offences
45A–45B (Repealed)

Division 5 Miscellaneous

45C Regulations
45D Act binding on Crown in right of New South Wales
45E Notes in text
46 Tabling and disallowance of proclamations and orders
46A Savings and transitional provisions

Part 6 Amendments to Crimes Act 1900, as amended by subsequent Acts, and Motor Traffic Act 1909, as amended by subsequent Acts

47, 48 (Repealed)

 Schedule 1 Provisions relating to the members of the Advisory Committee

 Schedule 2 Provisions relating to the procedure of the Advisory Committee

 Schedule 2A (Repealed)

 Schedule 3 Savings and transitional provisions

Historical notes