TABLE OF PROVISIONS PART 1 -- Preliminary 1. Short title 2. Commencement 3. Terms used 4. Poisons 5. Strictly controlled substances 6. Term used: manufacture 7. Terms used: prescription and related terms 8. Term used: supply 9. Supply and possession of poisons by pharmacy business 10. Relationship with Misuse of Drugs Act 1981 11. Act applies to the State PART 2 -- Offences 12. Terms used 13. Offences relating to manufacture and supply of Schedule 2 and Schedule 3 poisons 14. Offences relating to manufacture, supply, prescribing and possession of Schedule 4 and Schedule 8 poisons 15. Offences relating to manufacture and supply of Schedule 5 and Schedule 6 poisons 16. Offences relating to manufacture, supply, use and possession of Schedule 7 poisons 17. Offences relating to manufacture, supply, use and possession of Schedule 9 poisons 18. Offences relating to supply and use of strictly controlled substances 19. Use of poison obtained under permit 20. Unlawfully obtaining poison by wholesale 21. Fraudulent behaviour to obtain supply of poison 22. Storage, handling, transport and disposal of poisons 23. Record keeping and reporting 24. Vending machines PART 3 -- Authorisation of health professionals Division 1 -- Authorisation of health professionals 25. Authorisation of health professionals to administer, possess, prescribe, supply or use medicines 26. Authorisation of pharmacists to manufacture medicines or use or possess Schedule 7 poisons 27. Authorisation of employees and agents Division 2 -- Conditions, suspension and cancellation 28. Grounds for taking action 29. CEO may impose conditions, suspend or cancel authority 30. Effect of conditions, suspension or cancellation 31. CEO may notify regulatory authority if action taken under this Division 32. Publishing notice of action taken under this Division 33. Review of decisions by State Administrative Tribunal PART 4 -- Licences, permits and notices Division 1 -- Licences and permits 34. Licences 35. Licences for Schedule 9 poisons 36. Permits 37. Permits for Schedule 9 poisons Division 2 -- Licensing and permit procedure 38. Application for licence or permit or renewal of licence or permit 39. Further information 40. Timing of application for renewal of licence or permit 41. Grant or renewal of licence or permit to individual 42. Grant or renewal of licence or permit to partnership 43. Grant or renewal of licence or permit to body corporate 44. Notice of decision 45. Form of licence or permit 46. Duration of licence or permit 47. Licence or permit not transferable 48. Application to vary licence or permit 49. Variation of licence or permit Division 3 -- Conditions on licences or permits 50. Regulations may prescribe conditions 51. CEO may impose conditions 52. Application to vary conditions Division 4 -- Change of management or death of licensee or permit holder 53. Term used: change of management 54. Unauthorised change of management 55. Application for approval of proposed change of management 56. Grant or refusal of approval of proposed change of management 57. Application for approval after change of management occurs 58. Grant or refusal of approval of change of management 59. Death of individual licensee or permit holder Division 5 -- Amendment, suspension or cancellation 60. Grounds for taking action 61. CEO may amend, suspend or cancel licence or permit 62. Publishing notice of action taken under this Division Division 6 -- Review of licensing and permit decisions 63. Review of decisions Division 7 -- General provisions 64. False or misleading information 65. Amendment to correct error 66. Licence or permit to be produced if amended 67. Replacement licence or permit 68. Certified copy of licence or permit 69. Production of licence or permit for inspection 70. Return of licence or permit Division 8 -- Notices 71. Compliance notices 72. Schedule 7 notices 73. Review of decisions PART 5 -- Register of licences, permits, notices and restricted professional authorities 74. Terms used 75. CEO to maintain register 76. Inspection of register PART 6 -- Drugs of addiction Division 1 -- Preliminary 77. Terms used Division 2 -- Self-prescription 78. Self-prescription 79. Defence: emergency Division 3 -- Drug dependent persons 80. Practitioner to inform CEO of drug dependent status of patient 81. CEO may include drug dependent person on drugs of addiction record 82. Recording and notification of drug dependent status 83. Supply or prescription of drugs of addiction to or for drug dependent persons Division 4 -- Oversupplied persons 84. Practitioner to inform CEO of oversupplied status of client 85. CEO may include oversupplied person on drugs of addiction record 86. Recording and notification of oversupplied status 87. Supply or prescription of drugs of addiction to or for oversupplied persons Division 5 -- Drugs of addiction record 88. Drugs of addiction record 89. Purposes for which drugs of addiction record is kept 90. Amending information in drugs of addiction record 91. CEO may authorise disclosure of information Division 6 -- Review of decisions by State Administrative Tribunal 92. Review of decision to include person in drugs of addiction record PART 7 -- Investigation and enforcement Division 1 -- Preliminary 93. Terms used 94. This Part’s relationship with other laws Division 2 -- Investigators 95. Designation of investigators 96. CEO has functions of investigator 97. Police have functions of investigator 98. Identity cards 99. Production and display of identity card 100. Limitation on powers of investigators Division 3 -- Investigations 101. Investigations: purpose and procedure 102. Entry powers 103. Powers after entry for investigation 104. Obtaining information and documents 105. Use of force and assistance 106. Obstruction 107. Directions generally 108. Investigator may supply, obtain and possess poison Division 4 -- Entry warrants 109. Warrant to enter place 110. Issue of entry warrant 111. Effect of entry warrant 112. Execution of entry warrant Division 5 -- Seized things and forfeiture 113. Forfeiture on conviction 114. Disposal of seized and forfeited property Division 6 -- Penalties and other orders 115. General penalties 116. Order as to costs of analysis 117. Court to notify CEO of conviction of licensee, permit holder or authorised health professional Division 7 -- Liability of certain persons 118. Liability of officers for offence by body corporate 119. Liability of members of partnership for acts of other members of partnership 120. Liability of principal for acts of agent 121. Liability of employer for acts of employee Division 8 -- Legal proceedings 122. Who may commence proceedings 123. Time limit for prosecutions Division 9 -- Evidentiary matters 124. Terms used 125. Application of Division 126. Evidence of various matters 127. Evidence of purpose or intent 128. Evidence in relation to documents 129. Evidence of analysis of substance 130. Presumptions arising from labels PART 8 -- Regulations 131. General power to make regulations 132. Regulations may adopt codes PART 9 -- Miscellaneous 133. Protection from liability for wrongdoing 134. Information officially obtained to be confidential 135. Review of Act PART 10 -- Repeals and transitional provisions Division 1 -- General 136. Interpretation Act 1984 not affected Division 2 -- Repeals 137. Poisons Act 1964 repealed 138. White Phosphorus Matches Prohibition Act 1912 repealed 139. Regulations repealed Division 3 -- Saving and transitional matters Subdivision 1 -- Poisons Act 1964 140. Terms used 141. Continuation of licences and permits 142. Existing applications for licences or permits 143. Continuation of notices given to health professionals 144. Continuation of notices in relation to Schedule 6 poisons 145. Continuation of notices in relation to Schedule 7 poisons 146. Transitional regulations Subdivision 2 -- Drugs of Addiction Notification Regulations 1980 147. Transfer of information from former register to drugs of addiction record PART 11 -- Consequential amendments Division 1 -- Health (Miscellaneous Provisions) Act 1911 amended 148. Act amended 149. Section 3 amended 150. Section 5 amended 151. Part VIIA heading replaced PART VIIA -- Pesticides 152. Part VIIA Division 1 heading replaced Division 1 -- Registration of analysts 153. Section 202 deleted 154. Part VIIA Divisions 5, 6 and 7 deleted 155. Section 246A amended 156. Part VIIA Division 9 deleted 158. Section 377 amended 159. Schedule 5 amended Division 2 -- Health Professionals (Special Events Exemption) Act 2000 amended 160. Act amended 161. Section 3 amended 162. Section 8 amended 163. Section 9 replaced 9. Supply of medicines 1 164. Section 11 amended Division 3 -- Misuse of Drugs Act 1981 amended 165. Act amended 166. Section 3 amended 167. Section 3B inserted 3B. Specified drugs 1 168. Section 4 amended 169. Section 5B inserted 5B. Authorisation under Medicines and Poisons Act 2014 1 170. Section 5 amended 171. Sections 6 and 7 replaced 6. Offences concerned with prohibited drugs generally 1 7. Offences concerned with prohibited plants generally 1 172. Section 7B amended 173. Section 8 deleted 174. Section 14 amended 175. Section 27 amended 176. Section 38D amended 177. Section 41 amended 178. Schedule I heading amended Medicines and Poisons Act 2014 179. Schedule II heading replaced Schedule II -- Plants to which this Act applies 180. Schedule III amended 1 181. Schedule V amended Division 4 -- Other Acts amended 182. Biosecurity and Agriculture Management Act 2007 amended 183. Constitution Acts Amendment Act 1899 amended 184. Emergency Management Act 2005 amended 76A. Manufacture, supply and prescription of poisons 1 185. Fair Trading Act 2010 amended 186. Pharmacy Act 2010 amended 51A. Requirement to notify recording of information on register 1 187. Police (Medical and Other Expenses for Former Officers) Act 2008 amended 188. Road Traffic Act 1974 amended 189. Tobacco Products Control Act 2006 amended 190. Veterinary Chemical Control and Animal Feeding Stuffs Act 1976 amended 191. Workers’ Compensation and Injury Management Act 1981 amended Uncommenced provisions table Defined termsAn Act —
• to regulate and control the manufacture and supply of medicines and poisons; and
• to repeal the Poisons Act 1964, the White Phosphorus Matches Prohibition Act 1912 and various regulations; and
• to amend the Health (Miscellaneous Provisions) Act 1911, Misuse of Drugs Act 1981 and various other written laws and,
for incidental and related purposes.[Long title amended: No. 19 of 2016 s. 170.]