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Drugs, Poisons and Controlled
Substances Amendment (Supply by
Midwives) Bill 2012
Introduction Print
EXPLANATORY MEMORANDUM
Clause Notes
Clause 1 sets out the purpose of the Bill, which is to amend the Drugs,
Poisons and Controlled Substances Act 1981 to allow suitably
qualified and endorsed midwives to possess and sell, use or
supply certain drugs required for midwifery practice.
Clause 2 is the commencement provision.
The Bill will come into effect on a day or days to be proclaimed,
or if not proclaimed before 30 November 2012, on that date.
Clause 3 provides that in this Bill, the Drugs, Poisons and Controlled
Substances Act 1981 is called the Principal Act.
Clause 4 amends section 4(1) of the Drugs, Poisons and Controlled
Substances Act 1981 by inserting a definition of registered
midwife.
Clause 5 inserts new sections 13(1)(bc) and 13(2AAC) in the Drugs,
Poisons and Controlled Substances Act 1981.
Clause 5(1) inserts new section 13(1)(bc) to add registered
midwives to the list of health professionals authorized by
section 13 to obtain and have in his or her possession and to use,
sell or supply scheduled substances. The new section provides
that a registered midwife whose registration is endorsed by the
Australian Nursing and Midwifery Board may obtain and have
in his or her possession and use, sell or supply only those drugs
571043 1 BILL LA INTRODUCTION 28/2/2012
specified in the endorsement in the lawful practice of his or her
profession.
Clause 5(2) inserts new section 13(2AAC) to provide that the
authorization in section 13(1)(bc) does not authorize the
registered midwife to sell any scheduled substances by retail in
an open shop. A separate licence under the Drugs, Poisons and
Controlled Substances Act 1981 would be required to do so.
Clause 6 amends section 14(3) of the Drugs, Poisons and Controlled
Substances Act 1981 to provide that if the Australian Nursing
and Midwifery Board places a condition, limitation or restriction
on the registration of a registered midwife prohibiting the
prescription of a poison or controlled substance or drug of
dependence, that registered midwife for the purposes of the
Drugs, Poisons and Controlled Substances Act 1981 and the
regulations made thereunder is deemed to be not authorized to
obtain and have in his or her possession or to use, sell or supply
in the lawful practice of his or her profession the poison or
controlled substance or drug of dependence to which the
condition, limitation or restriction on his or her registration
relates.
Clause 7 Clause 7(1) inserts into section 14A(1) a reference to section
13(1)(bc) of the Drugs, Poisons and Controlled Substances
Act 1981 to empower the Minister for Health to approve a list
of scheduled poisons for the purposes of the authorization of a
registered midwife under section 13(1)(bc).
Clause 7(2) amends section 14A(1A) of the Drugs, Poisons and
Controlled Substances Act 1981 to provide that for the purposes
of the authorization of a registered midwife under section
13(1)(bc) the Minister may approve the health services or class of
health services at which the scheduled poisons are to be used,
sold or supplied and the clinical circumstances in which the
registered midwife may use, sell of supply the scheduled poisons.
Clause 8 amends section 129 of the Drugs, Poisons and Controlled
Substances Act 1981 to empower the Governor in Council to
make regulations for or with respect to regulating the issue by
registered midwives of prescriptions for scheduled poisons.
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Clause 9 Clause 9(1) inserts a new section 132(i) of the Drugs, Poisons
and Controlled Substances Act 1981 to empower the Governor
in Council to make regulations for or with respect to the
prescribing of the scheduled poisons that a registered midwife is
authorized to obtain and have in his or her possession and to use,
sell or supply.
Clause 9(2) amends other regulation making powers in
section 132 relating to the scheduled poisons that a registered
midwife is authorized to obtain and have in his or her possession
and to use, sell or supply.
Clause 10 provides that this amending Bill will be repealed on
30 November 2013. The repeal does not however affect the
ongoing operation of the amendments made by this Act (see
section 15(1) of the Interpretation of Legislation Act 1984).
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