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MEDICINES AND POISONS ACT 2019
- As at 1 February 2024
- Act 26 of 2019
TABLE OF PROVISIONS
Long Title
CHAPTER 1 - PRELIMINARY
PART 1 - INTRODUCTION
1. Short title
2. Commencement
PART 2 - PURPOSES OF ACT
3. Main purposes
4. How main purposes are to be achieved
PART 3 - APPLICATION AND OPERATION OF ACT
5. Act binds all persons
6. Relationship with other Acts
7. Exemption for low-risk activities
PART 4 - INTERPRETATION
Division 1 - Definitions generally
8. Definitions
9. Relationship with Poisons Standard
Division 2 - Substances
10. Meaning of substance
11. Meaning of medicine
12. Meaning of poison
13. Meaning of prohibited substance
14. Meaning of fumigant and pesticide
15. Meaning of S7 substance
16. Meaning of hazardous poison
17. Meaning of regulated substance
Division 3 - Activities
18. Meaning of deals with a regulated substance
19. Meaning of pest management activity, fumigation activity and pest control activity
20. Meaning of regulated activity
21. Meaning of manufacture a regulated substance
22. Meaning of buy a regulated substance
23. Meaning of possess a regulated substance
24. Meaning of supply a regulated substance
25. Meaning of particular terms for supply
26. Meaning of administer a medicine
27. Meaning of apply a poison
28. Meaning of dispose of waste
29. Distribution or transfer in workplaces
Division 4 - Authorisations
30. How a person is authorised under this Act
31. Meaning of authorised way
CHAPTER 2 - OFFENCES
PART 1 - GENERAL OFFENCES
Division 1 - Regulated substances
32. Offence to deal with prohibited substances
33. Offence to manufacture medicines or hazardous poisons
34. Offence to buy or possess S4 or 11.html#s8_medicine">S8 medicines or hazardous poisons
35. Offence to supply medicines or hazardous poisons
Division 2 - Medicines
Subdivision 1 - Administration and supply generally
36. Offence to administer medicines
37. Offence to supply or administer animal medicines to humans
38. Offence to prescribe or make standing orders
Subdivision 2 - Particular substances
39. Unlawfully buying diversion-risk medicines
40. Offences for self-prescribing or self-administering high-risk medicines
41. Requirement to check database for particular dealings with monitored medicines
42. Offence to dispose of waste from diversion-risk medicines
Division 3 - Poisons and pest management
43. Offence to apply poisons
44. Offence to carry out pest management activities
45. Offence to offer to carry out pest management activities if unauthorised
46. Offence to require or permit unauthorised persons to carry out pest management activities
47. Offence to dispose of waste from hazardous poison, pesticide or fumigant
Division 4 - Miscellaneous
48. Offence for giving or keeping false, misleading or incomplete information and records
PART 2 - EXCLUSIONS FROM OFFENCES AND DEFENCES
Division 1 - Excluded persons
49. State officers and helpers
50. Persons authorised under other laws
51. Agents and carers supplying or administering medicines
52. Clinical trials
Division 2 - Defence provision
53. Defence for workers
CHAPTER 3 - AUTHORISING REGULATED ACTIVITIES
PART 1 - APPROVED PERSONS AND EMERGENCY ORDERS
Division 1 - Approved persons
54. Authorisation of prescribed classes of persons
55. Changes to approved person’s authorisation
56. Relationship between different authorisations
Division 2 - Emergency orders
57. Authorisation under emergency order
58. Chief executive may make emergency order
59. Publication of emergency order
Division 3 - Miscellaneous
60. Authorisation for persons subject to work health and safety laws
PART 2 - AUTHORISATION UNDER SUBSTANCE AUTHORITIES
Division 1 - Preliminary
61. What is a substance authority
62. Authorisation under substance authority
Division 2 - Types of substance authorities
63. What is a manufacturing licence
64. What is a wholesale licence
65. What is an S2 retail licence or an S7 retail licence
66. What is a pest management licence
67. What is a prescribing approval
68. What is a general approval
Division 3 - Duration and conditions of substance authorities
69. Duration
70. Conditions
71. Failure to comply with substance authority conditions
Division 4 - Changes of circumstances
72. Transfer unavailable
73. Changes affecting substance authority
74. Finalising a substance authority
PART 3 - APPLICATIONS FOR SUBSTANCE AUTHORITIES
Division 1 - Initial applications
75. Requirements for making initial application
76. Deciding initial application
77. Notice about decision
Division 2 - Amendments of substance authorities
78. Requirements for making amendment application
79. Deciding amendment application
80. Notice about decision
81. Minor amendment by chief executive
Division 3 - Renewal applications
82. Requirements for making renewal application
83. Deciding renewal application
84. Notice about decision
85. Substance authority in force while renewal application considered
Division 4 - Considering applications
Subdivision 1 - Preliminary
86. Definitions for division
Subdivision 2 - Further information requests and period for deciding applications
87. Further information request
88. Agreement to extend period for decision
89. Period for deciding application
Subdivision 3 - Health assessments
90. Health assessment for pest management licences
CHAPTER 4 - MANAGING REGULATED ACTIVITIES
PART 1 - REQUIREMENTS FOR CARRYING OUT REGULATED ACTIVITIES IN THE AUTHORISED WAY
91. Requirements may be prescribed
PART 2 - SUBSTANCE MANAGEMENT PLANS
92. Definitions for part
93. Requirements for substance management plan
94. Compliance with substance management plan
PART 3 - ADMINISTRATIVE ACTION
Division 1 - Preliminary
95. Definitions for part
Division 2 - Taking administrative action generally
96. Grounds for taking action
97. Show cause notice before taking action
98. Chief executive must consider response
99. Decision not to take administrative action
100. Decision to take administrative action
Division 3 - Immediate or agreed administrative action
101. Application of division
102. Immediate administrative action
103. Agreed administrative action
Division 4 - Reviewing administrative action
104. Application of division
105. Request by holder to review administrative action
106. Decision after reviewing administrative action on request
107. Review of administrative action by chief executive
PART 4 - COMPLIANCE NOTICES
108. Giving a compliance notice
109. Content of compliance notice
110. Failure to comply with compliance notice
CHAPTER 5 - MONITORING AND ENFORCEMENT
PART 1 - SPECIAL POWERS
Division 1 - Emerging risk declarations
111. What is an emerging risk declaration
112. Making emerging risk declaration
113. Matters to be included in emerging risk declaration
114. Publication of emerging risk declaration
115. Effect and duration of emerging risk declaration
116. Failure to comply with emerging risk declaration
117. Renewal of emerging risk declaration
Division 2 - Recall orders and public warnings
Subdivision 1 - Recall orders
118. Application of subdivision
119. Chief executive may make recall order
120. Notice required for making recall order
121. Urgent recall order
122. Decision about recall order
123. Notifying public about recall order
124. Content of recall order
125. Failure to comply with recall order
126. Effect of recall order
Subdivision 2 - Public warnings
127. Statement of warning
Division 3 - Compensation
128. Compensation for emerging risk declaration or recall order
PART 2 - GENERAL PROVISIONS ABOUT INSPECTORS
Division 1 - Appointment
129. Inspectors under part
130. Functions of inspectors
131. Appointment and qualifications
132. Appointment conditions and limit on powers
133. When office ends
134. Resignation
Division 2 - Identity cards
135. Issue of identity card
136. Production or display of identity card
137. Return of identity card
Division 3 - Miscellaneous provisions
138. References to exercise of powers
139. Reference to document includes reference to reproductions from electronic document
PART 3 - ENTRY OF PLACES BY INSPECTORS
Division 1 - Power to enter
140. General power to enter places
141. Power to enter place to check compliance with compliance notice or recall order
Division 2 - Entry by consent
142. Application of division
143. Incidental entry to ask for access
144. Matters inspector must tell occupier
145. Consent acknowledgement
Division 3 - Entry for checking compliance
146. Entry of place under s 141
Division 4 - Entry under warrant
Subdivision 1 - Obtaining warrant
147. Application for warrant
148. Issue of warrant
149. Electronic application
150. Additional procedure if electronic application
151. Defect in relation to a warrant
Subdivision 2 - Entry procedure
152. Entry procedure
PART 4 - OTHER INSPECTORS’ POWERS AND RELATED MATTERS
Division 1 - Stopping or moving vehicles
153. Application of division
154. Power to stop or move
155. Identification requirements if vehicle moving
156. Failure to comply with direction
Division 2 - General powers of inspectors after entering places
157. Application of division
158. General powers
159. Power to require reasonable help
160. Offence to contravene help requirement
Division 3 - Seizure by inspectors and forfeiture
Subdivision 1 - Power to seize
161. Seizing evidence at a place that may be entered without consent or warrant
162. Seizing evidence at a place that may be entered only with consent or warrant
163. Seizure of property subject to security
Subdivision 2 - Powers to support seizure
164. Power to secure seized thing
165. Offence to contravene other seizure requirement
166. Offence to interfere
Subdivision 3 - Safeguards for seized things
167. Receipt and information notice for seized thing
168. Access to seized thing
169. Return of seized thing
Subdivision 4 - Forfeiture
170. Forfeiture by chief executive decision
171. Information notice about forfeiture decision
Subdivision 5 - Dealing with property forfeited or transferred to State
172. When thing becomes property of the State
173. How property may be dealt with
Division 4 - Disposal orders
174. Disposal order
Division 5 - Other information-obtaining powers of inspectors
175. Power to require name and address
176. Offence to contravene personal details requirement
177. Power to require production of document
178. Offence to contravene document production requirement
179. Offence to contravene document certification requirement
180. Power to require information
181. Offence to contravene information requirement
PART 5 - MISCELLANEOUS PROVISIONS RELATING TO INSPECTORS
Division 1 - Damage
182. Duty to avoid inconvenience and minimise damage
183. Notice of damage
Division 2 - Compensation
184. Compensation for exercise of powers generally
Division 3 - Other offences relating to inspectors
185. Giving inspector false or misleading information
186. Obstructing inspector
187. Impersonating inspector
Division 4 - Other provisions
188. Evidential immunity for individuals complying with particular requirements
PART 6 - STATE ANALYSTS AND ANALYSIS OF THINGS
189. Appointment and qualifications of State analyst
190. Appointment conditions of State analyst
191. When office of State analyst ends
192. Resignation of State analyst
193. Chief executive may approve laboratory
194. Analysis
195. Certificate of analysis to indicate method used
CHAPTER 6 - REVIEWS AND LEGAL PROCEEDINGS
PART 1 - REVIEW OF DECISIONS
Division 1 - Preliminary
196. Definitions for part
Division 2 - Internal review
197. Review process must start with internal review
198. Who may apply for internal review
199. Requirements for application
200. Internal review
Division 3 - Stays
201. QCAT may stay operation of original decision
Division 4 - External review
202. Applying for external review
Division 5 - Appeals
203. Appealing seizure or forfeiture decision
204. Staying operation of decision
205. Powers of court on appeal
206. Effect of court’s decision on appeal
PART 2 - LEGAL PROCEEDINGS
Division 1 - Evidence
207. Application of division
208. Evidentiary aids generally
209. Evidence of regulated substance
210. Health assessment not admissible
Division 2 - Proceedings
211. Offences against this Act
212. Proceeding not to commence if compliance notice in effect
213. Recovery of particular costs of investigation
214. Executive officer may be taken to have committed offence
CHAPTER 7 - GENERAL
PART 1 - CRIMINAL HISTORY
215. Exceptions to criminal history disclosure requirements
216. Criminal history report
217. Changes in criminal history must be disclosed
218. Destruction of criminal history information
PART 2 - CONFIDENTIALITY
219. Definitions for part
220. Confidentiality of information
221. Disclosure of information to entities performing relevant functions
222. Disclosure for therapeutic treatment of person
223. Requests by chief executive for information
PART 3 - DATABASES AND REGISTERS
Division 1 - Monitored medicines database
224. Chief executive to keep database
225. Information recorded in database
226. Giving information
227. Use of information
Division 2 - Registers
228. Chief executive to keep registers
229. Content of administrative action register
230. Content of substance authority register
231. Publishing, and giving information from, registers
PART 4 - EXTENDED PRACTICE AUTHORITIES AND DEPARTMENTAL STANDARDS
Division 1 - Extended practice authorities
232. Making extended practice authorities
Division 2 - Departmental standards
233. Making departmental standards
234. Consultation about departmental standards
235. Use of departmental standards in proceedings
Division 3 - Publishing
236. Availability of extended practice authorities and departmental standards
PART 5 - MISCELLANEOUS
237. Civil remedies not affected
238. Delegation by chief executive
239. Approved forms
240. Regulation-making power
CHAPTER 8 - REPEAL, SAVINGS AND TRANSITIONAL PROVISIONS
PART 1 - REPEALS
241. Acts repealed
PART 2 - SAVINGS AND TRANSITIONAL PROVISIONS
Division 1 - Preliminary
242. Definitions for part
243. Meaning of equivalent
244. Equivalent administrative action
Division 2 - Continued former authorisations
Subdivision 1 - Preliminary
245. Ending of former authorisations not provided for
Subdivision 2 - HDPR approvals and pest licences
246. Holders who become approved persons on commencement
247. Holders who do not become approved persons on commencement
248. Approval holders who no longer need authorisation
249. Manufacturing licences for medicated animal feed
250. Approvals for drug dependent persons
251. Authorised way for continued approvals
252. Waiving fees for continued approvals
Subdivision 3 - HDPR authorities
253. Royal Flying Doctor Service
254. St John Ambulance Australia—Queensland
255. Universities
Division 3 - Continued applications
256. Existing applications for new interests
257. Amendment or renewal applications for approvals
258. Amendment or repeal applications about suspension or cancellation decisions—HDPR authorities
259. Amendment or repeal applications about suspension or cancellation decisions—HDPR approvals
Division 4 - Continued processes and proceedings
Subdivision 1 - Former offences
260. Proceedings for former offences
261. Applications for recovery of costs
Subdivision 2 - Reviews and appeals
262. Review of HDPR decisions
263. Review of Pest Management Act decisions
264. Appeals against forfeiture decisions under Health Act
Subdivision 3 - Other continued processes
265. Show cause notices
266. Suspension of former authorisations
267. Cancellation of HDPR authority
268. Surrender of HDPR authority
269. Compliance notices
270. Warrants
271. Requirements made by Health Act inspectors
272. Requirements made by Pest Management Act inspectors
273. Analysis by State analysts
Division 5 - Transition of other matters
Subdivision 1 - Documents
274. Prescriptions
275. Purchase orders
276. Standing orders
277. References to repealed Acts
Subdivision 2 - Offices and functions
278. Inspectors
279. State analysts
Division 6 - Extended periods for compliance
280. Substance management plans
281. Procedure until monitored medicines database operational
Division 7 - Miscellaneous
282. (Expired)
SCHEDULE 1
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