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MEDICINES AND POISONS ACT 2019 - SCHEDULE 1

SCHEDULE 1 – Dictionary


"administer" , a medicine, see section 26 .

"administrative action" , in relation to an authority, see section 95 .

"administrative action register" see section 228 (a) .

"administrator" , for chapter 7 , part 2 , see section 219 .

"affected person" , in relation to a decision, for chapter 6 , part 1 , see section 196 .

"agreed administrative action" see section 103 (3) .

"amendment application" see section 78 (1) .

"application" , for chapter 3 , part 3 , division 4 , see section 86 .

"apply" , a poison, see section 27 .

"approved form" means a form approved under section 239 .

"approved label"

(a) of a regulated substance—means a label lawfully made and attached to the substance stating a direction or instruction about how to carry out a regulated activity with the substance; or
(b) of a medicine—includes a dispensing label.
Example—
a label consistent with the Poisons Standard, part 2 or the Agvet Code of Queensland, part 2
Note—
See the Poisons Standard, part 1 for the definition
"dispensing label" .

"approved person" see section 54 (3) .

"approved person’s authorisation" see section 54 (5) .

"Australian Pesticides and Veterinary Medicines Authority" means the authority of that name continued in existence under the Agricultural and Veterinary Chemicals (Administration) Act 1992 (Cwlth) , section 6 .

"authorised way" see section 31 .

"authority" , for chapter 4 , part 3 , see section 95 .

"buy" , a regulated substance, see section 22 .

"condition" , of an approved person’s authorisation, for chapter 4 , part 3 , see section 95 .

"compliance notice" see section 108 (2) .

"confidential information" see section 219 .

"corresponding law" means a law of another jurisdiction that provides for, or provided for, the same or similar matters as this Act.

"court" see section 203 (2) .

"criminal history" , of a person, means—
(a) a conviction of the person by or before any court for an offence, whether or not recorded, in Queensland or elsewhere, before or after the commencement of this Act; or
(b) an allegation formally made in court that the person has committed an offence, in Queensland or elsewhere, whether before or after the commencement of this Act.

"criminal history information" means information from a criminal history report or a notice given under section 217 (2) , other than information in the report or notice that is lawfully available to the public.

"criminal history report" see section 216 (1) .

"deals" , with a regulated substance, see section 18 .

"departmental standard" see section 233 (1) .

"device" means an instrument, apparatus, appliance, material or other article, other than a medical device under the Therapeutic Goods Act 1989 (Cwlth) , that is used, or intended to be used, with a substance.

"dispense" , a medicine, see section 25 (2) .

"dispose" , of waste from a regulated substance, see section 28 .

"diversion-risk medicine" means a medicine prescribed by regulation to be a diversion-risk medicine.

"document certification requirement" see section 177 (6) .

"document production requirement" see section 177 (2) .

"electronic document" means a document of a type mentioned in the Acts Interpretation Act 1954 , schedule 1 , definition
"document" , paragraph (c) .

"emergency order" see section 58 (1) .

"emerging risk declaration" see section 111 .

"employ" includes engage on a contract for services.

"executive officer" , of a corporation, means a person who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director or the person’s position is given the name of executive officer.

"extended practice authority" see section 232 (1) .

"final consideration day" , for an application, for chapter 3 , part 3 , division 4 , see section 86 .

"former owner" see section 171 (1) .

"fumigant" see section 14 (1) .

"fumigation activity" see section 19 (2) .

"general approval" see section 68 (1) .

"general power" see section 158 (1) .

"give a treatment dose" , of a medicine, see section 25 (3) .

"harm" includes a latent disease or injury.

"hazardous poison" see section 16 .

"health ombudsman official" means an official under the Health Ombudsman Act 2013 .

"health practitioner" means—
(a) a health practitioner under the Health Practitioner Regulation National Law; or
(b) another individual who provides a service that is, or purports to be, a service for maintaining, improving, restoring or managing people’s health and wellbeing.

"health risk"
(a) in relation to a person—means a risk of harm to the life, health or safety of someone arising from a person carrying out a regulated activity with a regulated substance; or
(b) in relation to a substance—means a risk of harm to the life, health or safety of someone arising from the use, or potential use, of the substance or a device used, or intended to be used, with the substance.

"health service employee" means a person appointed as a health service employee under the Hospital and Health Boards Act 2011 , section 67 .

"help requirement" see section 159 (1) .

"holder"
(a) of an authority, for chapter 4 , part 3 —see section 95 ; or
(b) of a substance authority—means the entity granted the substance authority.

"identity card" , for a provision about inspectors, means an identity card issued under section 135 .

"information notice" , for a decision, means a notice stating the following information—
(a) the decision;
(b) the day the decision takes effect;
(c) the reasons for the decision;
Note—
See the Acts Interpretation Act 1954 , section 27B for matters that must be included with the reasons.
(d) that the person to whom the notice is given may ask for a review of the decision under this Act;
(e) how, and the period within which, the review may be started;
(f) if the person may apply for a stay of the operation of the decision under this Act—how the person may apply for the stay.

"initial application" see section 75 .

"inspector" means a person who holds office as an inspector under chapter 5 , part 2 .

"internal review" , of an original decision, for chapter 6 , part 1 , see section 198 (1) .

"internal review decision" , for chapter 6 , part 1 , see section 196 .

"manufacture" , a regulated substance, see section 21 .

"manufacturing licence" see section 63 .

"medicine" see section 11 .
monitored medicine means a medicine prescribed by regulation to be a monitored medicine.
monitored medicines database see section 224 (1) .

"notice" means written notice.

"occupier" , of a place, includes the following—
(a) if there is more than 1 person who apparently occupies the place—any 1 of the persons;
(b) any person at the place who is apparently acting with the authority of a person who apparently occupies the place;
(c) if no-one apparently occupies the place—any person who is an owner of the place.

"of" , a place, includes at or on the place.

"offence warning" , for a direction or requirement by an inspector, means a warning that, without a reasonable excuse, it is an offence for the person to whom the direction is given, or of whom the requirement is made, not to comply with it.

"original decision" , for chapter 6 , part 1 , see section 196 .

"owner" , of a thing that has been seized under chapter 5 , includes a person who would be entitled to possession of the thing had it not been seized.

"personal details requirement" see section 175 (5) .

"personal information" see the Information Privacy Act 2009 , section 12 .

"person in control"
(a) of a vehicle, includes—
(i) the vehicle’s driver or rider; and
(ii) any person who reasonably appears to be, claims to be, or acts as if the person is, the vehicle’s driver or rider or the person in control of the vehicle; or
(b) of another thing, includes any person who reasonably appears to be, claims to be, or acts as if the person is, the person in possession or control of the thing.

"pest"
(a) means an arthropod, bird, mollusc or rodent, or another biological entity prescribed by regulation, that injuriously affects, or may injuriously affect—
(i) a place by transmitting disease, a toxin or another pest in the place or by causing physical damage to the place or a thing in the place; or
(ii) a person by transmitting disease, a toxin or another pest to the person or by causing distress to, or an adverse physiological or social effect in, the person; but
(b) does not include an invasive animal that is restricted matter under the Biosecurity Act 2014 .

"pest control activity" see section 19 (3) .

"pesticide" see section 14 (2) .

"pest management activity" see section 19 (1) .

"pest management business"
(a) means a business in which services are offered that include pest management activities; but
Examples—
pest control services offered by a pest management technician or as part of property management services by a real estate agent
(b) does not include a business in which pest management activities are incidentally carried out when performing services for purposes other than pest management.
Examples—
• a plumber spraying a pesticide on a drain pipe before clearing the pipe
• an electrician spraying a pesticide on a meter box before working on the meter box

"pest management licence" see section 66 .

"place" includes the following—
(a) premises;
(b) vacant land;
(c) a place in Queensland waters;
(d) a place held under more than 1 title or by more than 1 owner;
(e) the land or water on or in which a building or other structure, or a group of buildings or other structures, is situated.

"poison" see section 12 .

"Poisons Standard" means the current Poisons Standard within the meaning of the Therapeutic Goods Act 1989 (Cwlth) , section 52A (1) .

"police commissioner" means the commissioner of the police service.

"possess" , a regulated substance, see section 23 .

"premises" includes—
(a) a building or other structure; and
(b) a part of a building or other structure; and
(c) a caravan or vehicle; and
(d) a cave or tent; and
(e) premises held under more than 1 title or by more than 1 owner.

"prepare" , a regulated substance, includes measure, mix or weigh the substance.

"prescribe" , in relation to a medicine, means direct a person, orally or in writing, to administer, dispense or give a treatment dose of the medicine for the treatment of a person or animal.

"prescribing approval" see section 67 .

"prescription" , in relation to a medicine, means a direction, orally or in writing, to administer, dispense or give a treatment dose of the medicine for the treatment of a person or animal.

"prohibited substance" see section 13 .

"property decision" see section 203 (1) .

"public place" means—
(a) a place, or part of the place—
(i) that the public is entitled to use, is open to members of the public or is used by the public, whether or not on payment of money; or
Examples of a place that may be a public place under subparagraph (i)—
a beach, a park, a road
(ii) the occupier of which allows, whether or not on payment of money, members of the public to enter; or
Examples of a place that may be a public place under subparagraph (ii)—
a saleyard, a showground
(b) that is a public place under another Act.

"purchase order" means a document requesting the supply of stock of a regulated substance from a supplier of the substance.

"QCAT information notice" , for a decision, means a notice complying with the QCAT Act, section 157 (2) .

"reasonably believes" means believes on grounds that are reasonable in the circumstances.

"reasonably suspects" means suspects on grounds that are reasonable in the circumstances.

"recall order" see section 119 (2) .

"regulated activity" see section 20 .

"regulated place" , for chapter 4 , part 2 , see section 92 .

"regulated substance" see section 17 .

"relevant person"
1
"Relevant person" , for a substance authority, means any of the following persons—
(a) the person applying for, or holding, the authority;
(b) a person acting in partnership with the applicant for, or the holder of, the authority;
(c) a person who is, or is proposed to be, responsible for overseeing or supervising the regulated activity under the authority;
(d) if the applicant for, or the holder of, the authority is a corporation—an executive officer of the corporation.
2
"Relevant person" , in relation to an approved person’s authorisation, means the approved person.

"renewal application" see section 82 (1) .

"responsible person"
(a) for a regulated place, for chapter 4 , part 2 , see section 92 ; or
(b) for a recall order, see section 119 (2) (a) .

"retail licence" means an S2 retail licence or an S7 retail licence.

"review day" , for administrative action, see section 95 .

"S2"
"medicine" see section 11 (1) (a) .

"S2 retail licence" see section 65 (1) .

"S3"
"medicine" see section 11 (1) (b) .

"S4"
"medicine" see section 11 (1) (c) .

"S5"
"poison" see section 12 (1) (a) .

"S6"
"poison" see section 12 (1) (b) .

"S7"
"poison" see section 12 (1) (c) .

"S7 retail licence" see section 65 (2) .

"S7 substance" see section 15 .

"S8"
"medicine" see section 11 (1) (d) .

"S9"
"prohibited substance" see section 13 (1) (a) .

"S10"
"prohibited substance" see section 13 (1) (b) .

"sell" , a regulated substance, see section 25 (1) .

"show cause notice" , for chapter 4 , part 3 , see section 97 (2) .

"show cause period" , for chapter 4 , part 3 , see section 97 (2) (d) .

"standard condition" , for a substance authority, see section 70 (1) (a) .

"standing order" , for a medicine, means a document authorising the medicine to be administered or given as a treatment dose at a stated place.

"State analyst" means a person who holds office under chapter 5 , part 6 as a State analyst.

"stock" means—
(a) a regulated substance that is intended for supplying a place or a person who is authorised to carry out a regulated activity with the substance; or
(b) a regulated substance that is not sold or dispensed to a particular person.

"substance" see section 10 .

"substance authority" see section 61 .

"substance authority register" see section 228 (b) .

"substance management plan" , for a regulated place, see section 92 .

"supply" , a regulated substance, see section 24 .

"vehicle"
(a) means a vehicle under the Transport Operations (Road Use Management) Act 1995 ; and
(b) includes a vessel under that Act.

"veterinary surgeon" see the Veterinary Surgeons Act 1936 .

"waste" , from a regulated substance, means the regulated substance in a form that—
(a) is leftover, or is an unwanted by-product, from a manufacturing process; or
(b) is surplus or unwanted; or
(c) is expired or otherwise unusable.

"wholesale licence" see section 64 .

"worker" , for an entity, means a person who—
(a) is employed by the entity; or
(b) is a student of, or volunteer for, the entity.



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