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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
POISONS AMENDMENT BILL 2021
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 36 amended (Offences relating to certain restricted
substances)
6. Section 38 amended (Limitation of application of certain
provisions of Division 1 of this Part)
7. Part III, Divisions 4 and 5 inserted
Division 4 - Monitored medicines database
38A. Interpretation
38B. Secretary to establish and maintain monitored
medicines database
38C. Powers of Secretary in relation to monitored
medicines database
38D. Information provided to, and collected and stored in,
monitored medicines database
38E. Access, use and disclosure of information in
monitored medicines database
38F. Data source entity
38G. Prescribers to check monitored medicines database
before issuing prescription for monitored medicine
38H. Dispensers to check monitored medicines database
before dispensing monitored medicine
38I. Offences relating to unauthorised access or use of
monitored medicines database
[Bill 35]-V
Division 5 - Emergency orders
38J. Authorisation under emergency order
38K. Publication of emergency order
8. Section 47 amended (Sale and supply of narcotic substances,
prohibited plants, and prohibited substances)
9. Section 48 amended (Possession of narcotic substances, &c.)
10. Section 92C inserted
92C. Disclosure of protected information
11. Section 93 amended (Regulations)
12. Repeal of Act
2
POISONS AMENDMENT BILL 2021
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
SHANE DONNELLY, Clerk of the House
12 October 2021
(Brought in by the Minister for Health, the Honourable Jeremy
Page Rockliff)
A BILL FOR
An Act to amend the Poisons Act 1971
Be it enacted by Her Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Poisons
Amendment Act 2021.
2. Commencement
The provisions of this Act commence on a day
or days to be proclaimed.
3. Principal Act
In this Act, the Poisons Act 1971* is referred to
as the Principal Act.
_______________________________________________________________
*No. 81 of 1971
[Bill 35] 3
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Act No. of 2021
s. 4
4. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended as
follows:
(a) by inserting the following definition after
the definition of drug-seeking behaviour:
emergency order means an order made
and in force under section 38J;
(b) by inserting the following definitions
after the definition of midwifery
restricted substance:
monitored medicines means -
(a) narcotic substances; and
(b) substances that are
prescribed to be
monitored medicines; and
(c) substances that are in a
class of substances that
are prescribed to be
monitored medicines;
monitored medicines database means
the electronic database
established and maintained under
section 38B;
4
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s. 5
5. Section 36 amended (Offences relating to certain
restricted substances)
Section 36 of the Principal Act is amended by
inserting after subsection (2AA) the following
subsection:
(2AB) A person is not guilty of an offence
against subsection (1) if -
(a) the possession by the person of
the substance to which this
section applies is authorised
under an emergency order; and
(b) that person is acting in
accordance with the emergency
order.
6. Section 38 amended (Limitation of application of
certain provisions of Division 1 of this Part)
Section 38(1) of the Principal Act is amended by
inserting after paragraph (ba) the following
paragraph:
(bb) the sale or supply of a restricted
substance by a person who is authorised
under, and acting in accordance with, an
emergency order;
7. Part III, Divisions 4 and 5 inserted
After section 38 of the Principal Act, the
following Divisions are inserted in Part III:
5
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Act No. of 2021
s. 7
Division 4 - Monitored medicines database
38A. Interpretation
In this Division -
data source entity means a person or a
class of persons, or an entity or a
class of entities, approved to be a
data source entity under
section 38F;
dispenser means -
(a) a pharmaceutical chemist;
and
(b) a person who is
prescribed as a dispenser
for the purposes of this
definition;
entity means -
(a) an incorporated or
unincorporated body; or
(b) the trustee of a trust; or
(c) the Commonwealth,
another State or a
Territory in respect of
which the Secretary has
entered into an agreement
or memorandum of
understanding under
section 38C(2); or
6
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Act No. of 2021
s. 7
(d) a person or a body in
another Australian
jurisdiction in respect of
whom the Secretary has
entered into an agreement
or memorandum of
understanding under
section 38C(2); or
(e) a person or body that is
prescribed as an entity for
the purposes of this
definition;
information includes records;
prescriber means -
(a) a medical practitioner; or
(b) a dentist; or
(c) a person who is
prescribed as a prescriber
for the purposes of this
definition;
registered health practitioner means a
registered health practitioner
within the meaning of the Health
Practitioner Regulation National
Law (Tasmania).
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38B. Secretary to establish and maintain
monitored medicines database
(1) The Secretary is to establish and
maintain an electronic database (the
monitored medicines database) to
monitor and record -
(a) information relating to the issuing
of prescriptions for monitored
medicines; and
(b) information relating to the
dispensing of monitored
medicines on and in accordance
with a prescription; and
(c) information relating to the sale
and supply of monitored
medicines, otherwise than on and
in accordance with a prescription,
by a person who is authorised by
or under this Act to sell or supply
monitored medicines; and
(d) information obtained for the
purposes of, or in connection
with, the administration or
enforcement of this Act; and
(e) any other prescribed information.
(2) The purposes of the monitored medicines
database are -
(a) to promote safe and effective
practices for the issuing of
8
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s. 7
prescriptions for monitored
medicines; and
(b) to promote safe and effective
practices for the dispensing of
monitored medicines on and in
accordance with a prescription;
and
(c) to promote safe and effective
practices for the sale and supply
of monitored medicines,
otherwise than on and in
accordance with a prescription,
by a person who is authorised by
or under this Act to sell and
supply monitored medicines; and
(d) to minimise the harm associated
with monitored medicines and
other high-risk substances; and
(e) to promote and protect public
health and safety associated with
the use of monitored medicines
and other high-risk substances;
and
(f) to facilitate the evaluation of, and
research into, monitored
medicines; and
(g) to facilitate the administration
and enforcement of this Act; and
(h) any other prescribed purpose.
9
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38C. Powers of Secretary in relation to monitored
medicines database
(1) For the purposes of establishing and
maintaining the monitored medicines
database and furthering the purposes of
the monitored medicines database, the
Secretary may -
(a) authorise, in writing and with or
without any conditions, as the
Secretary considers necessary, a
person or an entity to collect,
access, store and otherwise deal
with information, provided to the
monitored medicines database,
for the purpose of operating the
database; and
(b) collect, access, store and
otherwise deal with information,
required for the monitored
medicines database or permitted
to be collected, accessed, stored
or otherwise dealt with by or
under this Act or the regulations;
and
(c) authorise, in writing and with or
without any conditions, as the
Secretary considers necessary, a
data source entity to provide
information to the monitored
medicines database in the
prescribed manner and in the
prescribed form; and
10
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s. 7
(d) require, in writing and with or
without any conditions, as the
Secretary considers necessary, a
person or a class of persons to
provide information to the
monitored medicines database in
the prescribed manner and in the
prescribed form; and
(e) authorise, in writing and with or
without any conditions, as the
Secretary considers necessary, the
manner, and the form, in which
information in relation to the
issue of prescriptions for the sale
or supply of monitored
medicines, the dispensing of any
such prescription, and the sale or
supply of any such monitored
medicines thereunder, are to be
provided to the monitored
medicines database; and
(f) authorise, in writing and with or
without any conditions, as the
Secretary considers necessary, the
manner, and the form, in which
information in relation to the sale
or supply of monitored medicines
otherwise than on and in
accordance with a prescription is
to be provided to the monitored
medicines database by a person
who is authorised to do so by or
under this Act; and
11
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(g) collect, access, store and
otherwise deal with information
in the monitored medicines
database for the purpose of
ascertaining whether there is or
has been a contravention of, or a
failure to comply with, this Act;
and
(h) collect, access, store and
otherwise deal with information
in the monitored medicines
database for purposes of, or in
connection with, the
administration or enforcement of
this Act; and
(i) collect, access, store and
otherwise deal with information
in the monitored medicines
database including, but not
limited to, the following:
(i) disclosing information in
the monitored medicines
database to the
Commonwealth, another
State or a Territory;
(ii) receiving or collecting
information for the
monitored medicines
database from the
Commonwealth, another
State or a Territory or
from an entity in any
12
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s. 7
other Australian
jurisdiction;
(iii) authorising, in writing, an
entity to use and disclose
information in the
monitored medicines
database;
(iv) using or disclosing
information in the
monitored medicines
database in accordance
with this Act or the
regulations; and
(j) do any other thing or exercise any
other power reasonably
necessary -
(i) to implement, maintain,
administer, develop,
operate or oversee the
monitored medicines
database; and
(ii) to further the purposes of
the monitored medicines
database.
(2) Without limiting subsection (1) or any
other power of the Secretary, the
Secretary may enter into an agreement or
a memorandum of understanding with
the Commonwealth, another State or a
Territory, and any person or body in
another Australian jurisdiction, in
13
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s. 7
relation to the provision of information to
or from the monitored medicines
database by or to that other jurisdiction.
38D. Information provided to, and collected and
stored in, monitored medicines database
(1) The regulations may prescribe the
information that must be, or that may be,
provided to, or collected and stored in,
the monitored medicines database.
(2) Without limiting subsection (1), the
information prescribed in the regulations
may include -
(a) personal information within the
meaning of the Right to
Information Act 2009; and
(b) information obtained under a law
of another jurisdiction for a
purpose specified in
section 38B(2).
38E. Access, use and disclosure of information in
monitored medicines database
(1) A prescriber may access, use and
disclose information in the monitored
medicines database -
(a) for the purpose of providing
information to the monitored
medicines database in accordance
14
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with this Act or the regulations;
and
(b) in relation to a person to whom
monitored medicines may be
supplied, prescribed or
administered; and
(c) in respect of a person in relation
to the medical treatment or care
of that person; and
(d) for the purpose of disclosing
information in the monitored
medicines database to a registered
health practitioner involved in the
care of a person whose
information is maintained in the
database; and
(e) for any other prescribed purpose.
(2) A dispenser may access, use and disclose
information in the monitored medicines
database -
(a) for the purpose of providing
information to the monitored
medicines database in accordance
with this Act or the regulations;
and
(b) in relation to a person to whom
monitored medicines may be
supplied, prescribed or
administered; and
15
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s. 7
(c) in respect of a person in relation
to the medical treatment or care
of that person; and
(d) for the purpose of disclosing
information in the monitored
medicines database to a registered
health practitioner involved in the
care of a person whose
information is maintained in the
database; and
(e) for any other prescribed purpose.
(3) The Secretary may authorise a person, a
class of persons, an entity or a class of
entities to access, use and disclose
information in the monitored medicines
database for the purposes specified in the
authorisation, in relation to the person,
class of persons, entity or class of
entities, if the Secretary is satisfied that
the access, use and disclosure -
(a) would assist in achieving the
purposes of -
(i) promoting safe
prescribing and
dispensing practices in
respect of monitored
medicines; and
(ii) reducing harm associated
with monitored
medicines; or
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s. 7
(b) would assist in achieving the
purposes of the monitored
medicines database; or
(c) is for technical or administrative
purposes relating to the
maintenance of the monitored
medicines database; or
(d) is to facilitate evaluation of and
research into monitored
medicines and the operation of
the monitored medicines
database.
(4) An authorisation under subsection (3)
must -
(a) be in writing; and
(b) in the case of an authorisation for
a class of persons, or a class of
entities, be published in the
Gazette.
(5) Any person or entity who is authorised
by the Secretary under subsection (3), or
who belongs to a class of persons or a
class of entities that is authorised by the
Secretary under subsection (3), may
access, use and disclose information in
the monitored medicines database for the
purposes specified in that authorisation.
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38F. Data source entity
The Secretary may approve, in writing
and with or without any conditions, as
the Secretary considers necessary, a
person or a class of persons, or an entity
or a class of entities, to be a data source
entity for the purposes of the monitored
medicines database.
38G. Prescribers to check monitored medicines
database before issuing prescription for
monitored medicine
Before a prescriber issues a prescription
for the supply of a monitored medicine to
a person, the prescriber must take all
reasonable steps to check the monitored
medicines database for information in
relation to the person.
Penalty: Fine not exceeding 10 penalty
units.
38H. Dispensers to check monitored medicines
database before dispensing monitored
medicine
Before a dispenser dispenses a monitored
medicine on and in accordance with a
prescription to a person, the dispenser
must take all reasonable steps to check
the monitored medicines database for
information in relation to the person.
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s. 7
Penalty: Fine not exceeding 10 penalty
units.
38I. Offences relating to unauthorised access or
use of monitored medicines database
(1) A person who is not authorised by or
under this Act, the regulations or any
other law to access, use or disclose
information in the monitored medicines
database must not knowingly access, use
or disclose information in the database.
Penalty: Fine not exceeding 10 penalty
units.
(2) A person who is authorised by or under
this Act, the regulations or any other law
to access, use or disclose information in
the monitored medicines database must
not access, use or disclose information in
the database unless the person is acting in
accordance with the authorisation
conferred on that person.
Penalty: Fine not exceeding 10 penalty
units.
Division 5 - Emergency orders
38J. Authorisation under emergency order
(1) A person may possess, sell or supply a
scheduled substance without a
prescription if the person is authorised to
do so under an emergency order.
19
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s. 7
(2) If an event referred to in subsection (4)
occurs, the Secretary may make an order
(an emergency order) authorising a
person to possess, sell or supply a
scheduled substance without a
prescription.
(3) An emergency order must include the
following information:
(a) the person, or the class of
persons, to whom the emergency
order applies;
(b) the scheduled substance, or the
class of scheduled substances, to
which the emergency order
applies;
(c) the event, referred to in
subsection (4), that has occurred;
(d) a description of the area to which
the emergency order applies;
(e) the day on which the emergency
order starts;
(f) the day, no later than 3 months
after the day on which the
emergency order starts, on which
the emergency order ends;
(g) the circumstances in which the
person, or the class of persons,
may possess, sell or supply the
20
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s. 7
scheduled substance to which the
emergency order applies;
(h) the conditions, if any, applying to
the possession, sale or supply of
the scheduled substance to which
the emergency order applies.
(4) The Secretary may make an emergency
order if any of the following events
occurs:
(a) the declaration of a public health
emergency in accordance with
section 14 of the Public Health
Act 1997;
(b) the authorisation of emergency
powers in accordance with
section 40 of the Emergency
Management Act 2006;
(c) the declaration of a state of alert
in accordance with section 41A
of the Emergency Management
Act 2006;
(d) the declaration of a state of
emergency in accordance with
section 42 of the Emergency
Management Act 2006;
(e) any other event that is prescribed
in the regulations.
(5) An emergency order is to be issued in a
manner that the Secretary considers
21
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s. 8
necessary, having regard to the intended
application and scope of the order.
38K. Publication of emergency order
(1) The Secretary must publish an
emergency order in the Gazette as soon
as practicable after it is made.
(2) An emergency order is not invalid only
because of a failure of the Secretary to
comply with subsection (1).
8. Section 47 amended (Sale and supply of narcotic
substances, prohibited plants, and prohibited
substances)
Section 47 of the Principal Act is amended by
inserting after subsection (10) the following
subsection:
(11) Nothing in this section prohibits a person
from selling or supplying a substance to
which this section applies if the person is
authorised to do so under an emergency
order and the person is acting in
accordance with the emergency order.
9. Section 48 amended (Possession of narcotic
substances, &c.)
Section 48 of the Principal Act is amended by
inserting after subsection (2C) the following
subsection:
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Act No. of 2021
s. 10
(2D) A person is not guilty of an offence
against subsection (1) if -
(a) the possession by the person of
the raw narcotic or narcotic
substance is authorised under an
emergency order; and
(b) that person is acting in
accordance with the emergency
order.
10. Section 92C inserted
After section 92B of the Principal Act, the
following section is inserted in Division 3:
92C. Disclosure of protected information
(1) In this section -
informed person means -
(a) a person who has, in
connection with the
administration or the
execution of this Act,
obtained protected
information; or
(b) a person who has, in the
course of or as a result of
performing a function or
exercising a power under
this Act, obtained
protected information; or
23
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Act No. of 2021
s. 10
(c) the Secretary of the
department responsible
for the administration of
this Act who has obtained
protected information in
the course of that
administration;
law enforcement agency means -
(a) a police force or police
service of -
(i) the
Commonwealth;
or
(ii) this State; or
(iii) any other State or
a Territory of the
Commonwealth;
or
(iv) any country; or
(b) the Australian Crime
Commission; or
(c) a person, entity or
commission established or
appointed, under any Act
of this State, of any other
State or of a Territory of
the Commonwealth, to
investigate matters
24
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Act No. of 2021
s. 10
relating to scheduled
substances; or
(d) the Attorney-General; or
(e) the Solicitor-General
appointed and holding
office under the Solicitor-
General Act 1983; or
(f) the Director of Public
Prosecutions appointed
and holding office under
the Director of Public
Prosecutions Act 1973;
protected information means any
information, or opinion, in any
format -
(a) that is information, or an
opinion, relating to a
natural person, from
which the identity of the
natural person is apparent
or is reasonably
ascertainable; or
(b) that is information, or an
opinion, that is
commercial in nature and
would reveal proprietary
business, competitive or
trade secret information
of a significant value if
disclosed.
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Act No. of 2021
s. 10
(2) An informed person must not disclose
any protected information to another
person unless the disclosure is authorised
under subsection (3).
Penalty: Fine not exceeding 50 penalty
units.
(3) An informed person is authorised to
disclose protected information to another
person if the disclosure -
(a) is for the purposes of legal
proceedings arising out of this
Act; or
(b) is for the purposes of ensuring
compliance with, and enforcing,
this Act; or
(c) is for the purposes of, or is made
in connection with, the
performance of functions or the
exercise of powers under this Act
or any other Act; or
(d) is made in connection with the
administration or enforcement of
this Act; or
(e) is for a purpose authorised, or is
required, by this Act or any other
Act; or
(f) is made to a law enforcement
agency for the purposes of
preventing, detecting,
26
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Act No. of 2021
s. 10
investigating or prosecuting an
offence in relation to a scheduled
substance; or
(g) is made to the Australian Health
Practitioner Regulation Agency
established by section 23 of the
Health Practitioner Regulation
National Law (Tasmania); or
(h) is made to a National Board
within the meaning of the Health
Practitioner Regulation National
Law (Tasmania); or
(i) is made to the Australian
Pesticides and Veterinary
Medicines Authority for the
purposes of enabling it to perform
its functions under the
Agricultural and Veterinary
Chemicals Act 1994 of the
Commonwealth or the
Agricultural and Veterinary
Chemicals Code Act 1994 of the
Commonwealth; or
(j) is made to the Secretary under the
Therapeutic Goods Act 1989 of
the Commonwealth for the
purposes of enabling the
Secretary to perform the
Secretary's functions under that
Act or under the Therapeutic
Goods Act 2001; or
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s. 10
(k) is made to a person administering
or enforcing a law of the
Commonwealth or of another
State or a Territory that
corresponds to this Act; or
(l) is made to an entity of the
Commonwealth, of another State,
or of a Territory, that performs
functions in relation to the
management of health and safety
risks in public places or
workplaces; or
(m) is made to an entity of the
Commonwealth, of another State,
or of a Territory, that performs
functions in relation to the
importation or exportation of
goods or substances into or from
Australia; or
(n) is made to a regulatory authority
in a foreign country for the
purpose of enabling it to perform
its functions in relation to the
importation or exportation of
scheduled substances into or from
Australia; or
(o) is made to a person, or to a class
of persons, prescribed for the
purposes of this paragraph.
(4) An informed person is not guilty of an
offence against this section if -
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s. 10
(a) the protected information that the
informed person disclosed was
publicly available at the time
when the disclosure was made; or
(b) the natural person to whom the
protected information relates
gives his or her written consent to
the disclosure of the protected
information by the informed
person; or
(c) the owner of the business, or the
occupier of the premises, gives
his or her written consent to the
disclosure of the protected
information by the informed
person; or
(d) the informed person reasonably
believed that the disclosure of the
protected information was
necessary so as to prevent or
reduce a serious threat to the life,
health or safety of the person to
whom the protected information
relates; or
(e) the informed person reasonably
believed that the disclosure of the
protected information was
necessary so as to prevent or
reduce a serious threat to public
health or public safety; or
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s. 11
(f) the disclosure of the protected
information was made for or in
connection with the reporting or
lawful investigation of a crime or
unlawful act (whether actual or
prospective).
11. Section 93 amended (Regulations)
Section 93 of the Principal Act is amended by
inserting after subsection (2) the following
subsection:
(2A) The regulations made under this section
or under any other provision of this Act
may -
(a) authorise any matter to be
determined, applied or regulated
by the Secretary or the Director
of Public Health appointed under
section 6 of the Public Health Act
1997; and
(b) confer a power or impose a duty
on the Secretary or the Director
of Public Health appointed under
section 6 of the Public Health Act
1997.
12. Repeal of Act
This Act is repealed on the first anniversary of
the day on which the last uncommenced
provision of this Act commenced.