POISONS AND THERAPEUTIC GOODS ACT 1966 - As at 30 October 2023 - Act 31 of 1966

Table of Provisions

• Long Title

PART 1 - PRELIMINARY

• 1 Name of Act
2, 3. (Repealed)
• 4 Interpretation
• 5 Exemption from operation of Act
• 5A Relationship with Hemp Industry Act 2008 and Poppy Industry Act 2016

PART 2 - POISONS ADVISORY COMMITTEE AND POISONS LIST

Division 1 - Poisons Advisory Committee

• 6 Poisons Advisory Committee
• 6A Subcommittees
• 6B Delegation
• 7 Functions of Advisory Committee

Division 2 - Poisons List

• 8 Poisons List

PART 3 - POISONS AND RESTRICTED SUBSTANCES

Division 1 - Restrictions on supply, possession, etc, of poisons and restricted substances

• 9 Prohibition on wholesale supply of certain substances for therapeutic use
9A. (Repealed)
• 10 Prohibition on supply of certain substances otherwise than by wholesale
• 11 Restriction on wholesale supply of certain substances
• 12 Obtaining substances by false representation
13-15. (Repealed)
• 16 Offences relating to prescribed restricted substances
• 17 Regulations under Part 3
• 17A Authorisation of possession, use, supply or prescription of substances by nurses and midwives
• 17B Authorisation of possession, use, supply or prescription of substances by optometrists
• 17C Authorisation of possession, use, supply or prescription of substances by podiatrists
• 17D Authorisation of use etc of Schedule 9 substances for research and similar purposes
• 18 Offence to fail to comply with condition of licence or authority
• 18AA Secretary may restrict possession or supply
• 18A Evidentiary provisions

Division 1A - Substances and goods used for cosmetic and other purposes

• 18B Object of Division
• 18C Substances and goods to which Division applies
• 18D Regulation of substances and goods to which Division applies

Division 2 - (Repealed)

PART 4 - DRUGS OF ADDICTION

Division 1 - Restrictions on possession, manufacture, supply, etc, of drugs of addiction

• 23 Possession and supply of drugs of addiction by carers
• 24 Regulations under Division 1 of Part 4
• 25 Further offences against this Division
• 26 Penalties

Division 2 - Restrictions on prescribing drugs of addiction

• 27 Definition
• 28 Prohibition on prescribing drugs of addiction in certain cases
• 28A Approval of prescribers of drugs of addiction
• 29 Secretary may authorise prescription or supply of drugs of addiction
• 30 Medical Committee
• 30AA Power of Medical Committee to obtain information
• 30A Subcommittees
• 30B Delegation

PART 4A - APPLICATION IN NEW SOUTH WALES OF COMMONWEALTH THERAPEUTIC GOODS LAWS

Division 1 - The applied provisions

• 31 Application of Commonwealth therapeutic goods laws to New South Wales
• 32 Interpretation of Commonwealth therapeutic goods laws

Division 2 - Functions and powers under applied provisions

• 33 Functions and powers of Commonwealth Minister
• 33A Functions and powers of Commonwealth Secretary
• 33B Functions and powers of other persons
• 33C Delegations by the Commonwealth Minister or Secretary
• 33D Appointments under Commonwealth therapeutic goods laws

Division 3 - Administrative law matters

• 33E Application of Commonwealth administrative laws to applied provisions
• 33F Functions and powers conferred on Commonwealth officers and authorities

Division 4 - Offences

• 33G Object of this Division
• 33H Application of Commonwealth criminal laws to offences against applied provisions
• 33I Functions and powers conferred on certain Commonwealth officers and authorities relating to offences
• 33J No double jeopardy for offences against applied provisions

Division 5 - Miscellaneous

• 33L Commonwealth may retain fees paid to Commonwealth Secretary

PART 5 - GENERAL

Division 1 - Offences

• 34 Hawking of poisons and therapeutic goods
• 35 Secretary can obtain information about certain substances and goods
• 36 Offence to supply certain substances and goods by automatic machine
• 36AA Medicines to be dispensed by pharmacists
• 36A Offence to supply unregistered or unlisted goods
• 36B Offence to supply regulated goods by retail after expiry date
• 36C Offence to use certain therapeutic devices without licence
• 36D Offences by bodies corporate
• 37 Prohibition on supply etc of any poison, restricted substance or drug of addiction

Division 2 - Analysts and analysis

• 37A Appointment of analysts
• 37B Conduct of analyses
• 38 Calculation of percentages in case of liquid preparations

Division 3 - Evidentiary matters

• 39 Certificate of Secretary prima facie evidence
• 40 Proof of certificate of an analyst
• 41 Evidence in prosecutions under this Act

Division 4 - Enforcement

• 42 Inspectors
• 43 Powers of entry and seizure
• 43A Search warrant may be issued in certain cases
• 43B Powers of detention and search
• 44 Penalty
• 45 Proceedings for offences
• 45A Forfeiture of regulated goods
45AB-45AD. (Repealed)
• 45B Disposal of seized goods

Division 5 - Miscellaneous

• 45C Regulations
• 45D Act binding on Crown in right of New South Wales
• 45E Notes in text
• 46 Tabling and disallowance of proclamations and orders
• 46A Savings and transitional provisions

PART 6 - AMENDMENTS TO CRIMES ACT 1900, AS AMENDED BY SUBSEQUENT ACTS, AND MOTOR TRAFFIC ACT 1909, AS AMENDED BY SUBSEQUENT ACTS

• SCHEDULE 1
• SCHEDULE 2
Schedule 2A (Repealed)
• SCHEDULE 3