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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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