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Contents (2008 - 392)
Poisons and Therapeutic Goods Regulation 2008
Current version for 1 July 2017 to date (accessed 18 November 2017 at 06:25)
Part 2 Division 1
Division 1 Packaging and labelling
7   Packaging and labelling generally
(1)  A dealer who supplies a poison must ensure that the poison is packaged and labelled:
(a)  in accordance with the relevant provisions of the current Poisons Standard, and
(b)  in the case of a poison to which Therapeutic Goods Order No. 80 applies, in accordance with that Order.
(2)  This clause does not apply to the labelling of a substance that is supplied by an authorised practitioner or pharmacist so long as the substance is supplied in a package that is labelled in accordance with the requirements of Appendix A.
(3)  A pharmacist who supplies any quantity of a Schedule 2 or 3 substance on prescription must ensure that the substance is supplied in a package that is labelled in accordance with the requirements of Appendix A instead of in accordance with the requirements of subclause (1).
(4)  Despite subclause (1), an authorised practitioner or pharmacist who supplies a poison to a person who, in the opinion of the authorised practitioner or pharmacist, would suffer undue hardship through difficulty in opening a container that is packaged in accordance with Therapeutic Goods Order No. 80, is not required to package the poison in accordance with that Order.
Maximum penalty: 10 penalty units.
8   Misleading labelling of substances as poisons
A dealer must not supply any substance in a container that has a label that states or implies that the substance is a poison, unless the substance is a poison.
Maximum penalty: 10 penalty units.
9   Schedule 3 substances supplied by dealers
(1)  A dealer must ensure that any Schedule 3 substance supplied by the dealer is labelled with the dealer’s name and address.
Maximum penalty: 2 penalty units.
(2)  Subclause (1) does not apply to the supply of any Schedule 3 substance by wholesale.
10   Exemptions
(1)  The Director-General may, by order in writing, exempt any person or substance, or any class of persons or substances, from the requirements of this Division.
(2)  Such an exemption may be given unconditionally or subject to conditions.
(3)  Subject to subclause (4), any exemption in force under a law of the Commonwealth, or of another State or a Territory, corresponding to this clause has the same effect as an exemption under this clause.
(4)  The Director-General may, by order published in the Gazette, declare that subclause (3) does not have effect with respect to an exemption specified in the order.