(1) The Governor may,
on the recommendation of the Minister, make regulations classifying a
substance as a poison included in a Schedule referred to in the Table.
Table
Schedule 1 — [Blank] |
Schedule 2 — Pharmacy medicines Substances, the safe use of which may require advice from a pharmacist and
which should be available from a pharmacy or, where a pharmacy service is not
available, from a licensed person. |
Schedule 3 — Pharmacist only medicines Substances, the safe use of which requires professional advice but which
should be available to the public from a pharmacist without a prescription. |
Schedule 4 — Prescription only medicines, or Prescription Animal Remedy Substances, the use or supply of which should be by or on the order of persons
permitted under the Act to prescribe and should be available from a pharmacist
on prescription. |
Schedule 5 — Caution Substances with a low potential for causing harm, the extent of which can be
reduced through the use of appropriate packaging with simple warnings and
safety directions on the label. |
Schedule 6 — Poison Substances with a moderate potential for causing harm, the extent of which can
be reduced through the use of distinctive packaging with strong warnings and
safety directions on the label. |
Schedule 7 — Dangerous Poison Substances with a high potential for causing harm at low exposure and which
require special precautions during manufacture, handling or use. These poisons
should be available only to specialised or authorised users who have the
skills necessary to handle them safely. Special regulations restricting their
availability, possession, storage or use may apply. |
Schedule 8 — Controlled Drug Substances which should be available for use but require restriction of
manufacture, supply, distribution, possession and use to reduce abuse, misuse
and physical or psychological dependence. |
Schedule 9 — Prohibited Substance Substances which may be abused or misused, the manufacture, possession, sale
or use of which should be prohibited by law except when required for medical
or scientific research, or for analytical, teaching or training purposes with
approval of the CEO. |
(2) The Minister may
recommend that a substance be identified in the regulations in any way the
Minister thinks fit.
(3) Without limiting
subsection (2), a substance may be classified by reference to any of the
following —
(a) an
adopted code;
(b) the
way in which it is, or is intended to be, used;
(c) the
purpose for which it is, or is intended to be, used;
(d) the
quantity in which it is supplied;
(e) its
packaging or labelling;
(f) its
physical or chemical state or form;
(g) any
other factor.
(4) The following
substances cannot be classified as poisons —
(a)
industrial hemp or industrial hemp seed as defined in the
Industrial Hemp Act 2004 section 3(1);
(b)
processed industrial hemp as defined in the Misuse of Drugs Act 1981
section 3(1).