New South Wales Consolidated Acts

POISONS AND THERAPEUTIC GOODS ACT 1966

- As at 30 October 2023 
- Act 31 of 1966 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
           2, 3. (Repealed)
   4.      Interpretation
   5.      Exemption from operation of Act
   5A.     Relationship with Hemp Industry Act 2008 and Poppy Industry Act 2016

   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     (Repealed)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 (Repealed)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 podiatrists
   17D.    Authorisation of use etc of Schedule 9 substances for research and similar purposes
   18.     Offence to fail to comply with condition of licence or authority
   18AA.   Secretary may restrict possession or supply
   18A.    Evidentiary provisions

           Division 1A - Substances and goods used for cosmetic and other purposes

   18B.    Object of Division
   18C.    Substances and goods to which Division applies
   18D.    Regulation of substances and goods to which Division applies

           Division 2 - (Repealed)
           None

   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 (Repealed)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.     Secretary 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.     Secretary 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 Secretary 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.    Forfeiture of regulated goods
           45AB-45AD. (Repealed)
   45B.    Disposal of seized goods

           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
           SCHEDULE 2
           Schedule 2A (Repealed)
           SCHEDULE 3