CONTROLLED SUBSTANCES (POISONS) REGULATIONS 2011 - REG 3
CONTROLLED SUBSTANCES (POISONS) REGULATIONS 2011 - REG 3
(1) In these
regulations, unless the contrary intention appears—
"Act" means the Controlled Substances Act 1984 ;
"address" means street address;
"approved electronic communication" means an electronic communication of a
kind approved from time to time by the Minister;
"approved electronic form", in relation to a prescription for a drug,
means—
(a) a
form approved from time to time by the Secretary under the Commonwealth
Regulations; or
(b) a
form approved from time to time by the Minister,
for the giving of prescriptions for drugs in electronic form;
"approved information technology requirements" means
information technology requirements approved from time to time by the
Minister;
"APVMA" means the Australian Pesticides and Veterinary Medicines Authority of
the Commonwealth;
"Australian jurisdiction" means the Commonwealth or a State or Territory of
the Commonwealth;
"Chief Executive" has the same meaning as in the Health Care Act 2008 ;
"Commonwealth Regulations" means the National Health (Pharmaceutical
Benefits) Regulations 2017 of the Commonwealth;
"correctional institution" has the same meaning as in the
Correctional Services Act 1982 ;
"council" has the same meaning as in the Local Government Act 1999 ;
"council subsidiary" means a subsidiary of a council established under the
Local Government Act 1999 ;
"data source entity" means any of the following:
(a) eRx
Script Exchange Pty Ltd;
(b)
MediSecure Pty Ltd;
(c)
Medication Knowledge Pty Ltd;
(d) a
prescription exchange service operating in an Australian jurisdiction;
"dental hygienist" means a person registered under the Health Practitioner
Regulation National Law —
(a) to
practise in the dental profession (other than as a student); and
(b) in
the dental hygienists division of that profession;
"dental therapist" means a person registered under the Health Practitioner
Regulation National Law —
(a) to
practise in the dental profession (other than as a student); and
(b) in
the dental therapists division of that profession;
"diesel fuel" means a petroleum or shale product used or capable of being used
in propelling a diesel engined motor vehicle;
"dispense" means to supply a drug in accordance with a prescription for that
drug;
"domestic partner" means a person who is a domestic partner within the meaning
of the Family Relationships Act 1975 , whether declared as such under
that Act or not;
"drug" means a poison designed for human or animal therapeutic use;
"electronic communication" has the same meaning as in the
Electronic Communications Act 2000 ;
"electronic prescription" means a prescription given in an
approved electronic form;
"enrolled nurse" means a person registered under the Health Practitioner
Regulation National Law —
(a) to
practise in the nursing and midwifery profession as a nurse (other than as a
student); and
(b) in
the enrolled nurses division of that profession;
"health service facility" means a hospital, nursing home or other facility at
which a health service is provided for the public or any section of the public
for the purpose of curing, alleviating, diagnosing or preventing the spread of
any mental or physical illness, disease, injury, abnormality or disability;
"information technology requirements" has the same meaning as in the
Electronic Communications Act 2000 ;
"liquefied petroleum gas" means a hydrocarbon fluid composed predominantly of
any of the following hydrocarbons or mixtures of all or any of them:
(a)
propane (C 3 H 8 );
(b)
propylene (C 3 H 6 );
(c)
butane (C 4 H 10 );
(d)
butylene (C 4 H 8 );
"medication chart prescription" has the same meaning as in the Commonwealth
Regulations;
"Metropolitan Adelaide" means Metropolitan Adelaide as defined by the
Development Act 1993 immediately before 1 July 2019;
"monitored drug" means any of the following:
(b) any
S4 poison that is a benzodiazepine;
(c) any
S4 poison that contains Codeine;
(d) any
of the following S4 poisons:
(i)
Gabapentin;
(ii)
Pregabalin;
(iii)
Quetiapine;
(iv)
Tramadol;
(v)
Zolpidem;
(vi)
Zopiclone;
"monitored drugs database" means an electronic database kept by the Department
that contains information relating to the sale, supply, prescription,
administration and use of monitored drugs;
"motor spirit" means petrol or another petroleum or shale product used or
capable of being used in propelling a motor vehicle (other than diesel fuel or
liquefied petroleum gas);
"National Health Act" means the National Health Act 1953 of the
Commonwealth;
"National Health (Continued Dispensing) Determination" means the determination
of that name, as in force from time to time, made under section 89A(3) of
the National Health Act;
"optometrist" means a person registered under the Health Practitioner
Regulation National Law to practise in the optometry profession (other than as
a student);
"oral health therapist" means a person registered under the Health
Practitioner Regulation National Law —
(a) to
practise in the dental profession (other than as a student); and
(b) in
the oral health therapists division of that profession;
"petroleum product" means a volatile solvent comprised of—
(a)
motor spirit; or
(b)
diesel fuel; or
"pharmaceutical benefit" has the same meaning as in Part VII of the
National Health Act;
"podiatrist" means a person registered under the Health Practitioner
Regulation National Law to practise in the podiatry profession (other than as
a student);
"poison"—see regulation 5;
"prescribed (continued dispensing) pharmaceutical benefit" means a
pharmaceutical benefit listed in the National Health (Continued Dispensing)
Determination as a pharmaceutical benefit that may be supplied under
section 89A of the National Health Act by approved pharmacists without a
prescription;
"prescriber" means a person who lawfully gives a prescription for a drug;
"record" means—
(a) a
documentary record; or
(b) a
record made by an electronic, electromagnetic, photographic or optical
process; or
(c) any
other kind of record;
"registered nurse" means a person registered under the Health Practitioner
Regulation National Law —
(a) to
practise in the nursing and midwifery profession as a nurse (other than as a
student); and
(b) in
the registered nurses division of that profession;
"scheduled medicine" means a medicine that contains a substance included in a
schedule of the Uniform Poisons Standard;
"S4 drug" means—
(b) a
substance designed for human or animal therapeutic use that has been approved
by—
(i)
the TGA for inclusion in the Australian Register of
Therapeutic Goods; or
(ii)
APVMA for inclusion in the Public Chemical Registration
Information System (PUBCRIS),
but has not yet been—
(c)
listed in some other schedule of the Uniform Poisons Standard; or
(d)
exempted from listing in the Uniform Poisons Standard;
"section 22 poison" means a poison to which section 22 of the Act applies
by virtue of regulation 25;
"spouse"—a person is the spouse of another if they are legally married;
"TGA" means the Therapeutic Goods Administration of the Commonwealth;
"Uniform Poisons Standard" means the current Poisons Standard as defined in
the Commonwealth Act and as modified by deleting Sections 54(1) and (2), 57,
58, 59, 60 and 64 and Appendices B, D and J;
"Vaccine Administration Code" means the document of that name published by the
Department as in force from time to time.
(2) In these
regulations, a reference to an " S1 poison" is a reference to a poison
listed in Schedule 1 of the Uniform Poisons Standard, a reference to an
"S2 poison" is a reference to a poison listed in Schedule 2 of the
Uniform Poisons Standard, and so on.
(3) In these
regulations, "incorporated hospital" and
"SAAS" have the same respective meanings as in the Health Care Act 2008
.
(4) For the purposes
of these regulations—
(a) an
electronic prescription for a drug is "presented" when it is accessed
electronically for the purpose of dispensing the drug; and
(b) a
prescription for a drug given to a pharmacist by fax is
"presented" when a faxed copy of the prescription is transmitted to the
pharmacy at which the drug is to be dispensed.