POISONS ACT 1971

Table of Provisions

PART I - Preliminary

• 1 Short title and commencement
• 2 Section 2
• 3 Interpretation
• 3A Matters to be taken into account in deciding whether a natural
person is a fit and proper person
• 3B Matters to be taken into account in deciding whether a body
corporate is a fit and proper person
• 4 Meaning of drug-seeking behaviour
• 5 Construction of Act

PART 1A - General Provisions Relating to Licences

• 6 Applications for licences or renewal of licences
• 7 Investigation of application
• 8 Suitability of applicant
• 9 Conditions and restrictions of licence
• 10 Suspension or cancellation of licence
• 11 Immediate suspension of licence
• 12 Responsible officers
• 13 Responsibilities of responsible officer
• 13A Obstruction of responsible officer

PART II - Administration Division 1 -

Division 2 - Classification of substances

• 14 Adoption and amendment of Poisons List
• 15 Section 15

Division 3 - Licensing of manufacturing chemists and wholesale

• 16 Licences
• 16A Section 16A
• 16B Section 16B
• 16C Section 16C
• 17 Section 17
• 18 Offences

Division 3A - Licensing of first-aid providers

• 18A First-aid providers licence

Division 4 - Analysts

• 19 Appointment and remuneration of analysts
• 20 Section 20
• 21 Powers of the Government Analyst
• 22 Disqualification of analysts

Division 5 - General

• 23 Appointment of inspectors
• 24 Delegation of functions, &c.
• 25 Duties of analysts and inspectors
• 25A Authorisation of registered nurses and midwives by Minister
• 25B Authorisation of nurse practitioners by Secretary
• 25C Authorisation of health professionals
• 25D Interim authorisation of health professionals
• 25E Authorisation of persons by Minister to possess scheduled substance

PART III - Poisons and Restricted Substances Division 1 -

• 26 Sale and supply of potent substances and hazardous and medicinal
poisons
• 27 Licences to sell certain substances
• 28 Sale of certain substances to be entered and kept in a poisons
book
• 29 Sales of certain substances by correspondence
• 30 Section 30
• 31 Modification of section 28 in relation to certain sales, &c.
• 32 Holders of licences under section 27 to produce poisons book on
demand
• 33 Restrictions on the sale of hazardous poisons
• 34 Owner, &c., of hazardous poisons not to leave them about
unlabelled
• 35 Section 35
• 36 Offences relating to certain restricted substances

Division 2 - Dangerous poisons

• 37 Regulations for the control, &c., of the manufacture, use,
&c., of dangerous poisons

Division 3 - Exemptions

• 38 Limitation of application of certain provisions of Division 1 of
this Part

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

Division 5 - Emergency orders

• 38J Authorisation under emergency order
• 38K Publication of emergency order

PART IV - New Drugs

• 39 Interpretation
• 40 Classification of new drugs
• 41 Prohibition of the sale, &c., of a new drug until it is
classified
• 42 Power to prohibit the sale, &c., of a new drug
• 43 Contravention, &c., of Ministerial order or conditions

PART V - Special Provisions Relating to Narcotics, Prohibited Plants,

• 44 Interpretation: Part V

Division 2 - Restrictions on the importation, making, refining,

• 45 Restriction of importation
• 46 Manufacture of narcotic substances
• 47 Sale and supply of narcotic substances, prohibited plants, and
prohibited substances
• 47A Administration of medicinal poisons and potent, restricted and
narcotic substances
• 47B Section 47B
• 47C Endorsed midwives
• 47D Offence for endorsed midwife to make available drugs of dependence,
&c.
• 48 Possession of narcotic substances, &c.
• 49 Prohibition of possession of prohibited plants except under licence
• 50 Exceptions as to scientific institutions
• 51 Section 51
• 52 Growing of certain plants prohibited except under licence

Division 3 - Poppy research licence

• 53 Application for licence
• 54 Poppy research licence
• 54A Duration of licence
• 54B Renewal of licence

Division 3A - Poppy grower's licence

• 54C Application for licence
• 54D Poppy grower's licence
• 54E Conditions of licence
• 54F Duration of licence
• 54G Renewal of licence
• 54H Application for review of decision
• 54I Review of decision

Division 4 - Prohibited substances

• 55 Prohibition of manufacture, &c., of prohibited substances

Division 5 - General

• 56 Offences against this Part
• 57 Application of certain provisions of the Criminal Code
• 58 Penalties
• 59 Regulations relating to narcotics and narcotic substances

PART VA - Notification and authorisation in relation to certain

• 59A Interpretation of Part
• 59AB Treatment centres
• 59B Notification required in relation to certain restricted substances and
narcotic substances
• 59C Offence to make available drugs of dependence, &c.
• 59D Exception for emergency treatment, hospitals and treatment centres
• 59E Authority for making drugs available to certain patients
• 59F Protection from liability for information

PART 5A -

PART VB - Poppy Advisory and Control Board Division 1 - Poppy

• 59G Interpretation
• 59H Poppy Advisory and Control Board
• 59I Functions of Board
• 59J Powers of Board
• 59K Delegation
• 59L Annual report
• 59M Secretarial and administrative support
• 59N Ministerial statement of expectation
• 59O Contents of ministerial statement of expectation
• 59P Statement of intent
• 59Q Conduct to be consistent with ministerial statement of expectation
and statement of intent

Division 2 - General

• 59R Guidelines
• 59S Indemnity of Board

PART VI - Miscellaneous Division 1 - Analysis and examination of

• 60 Power to demand, select, and take samples
• 61 Analysis, &c., of substance or plant
• 62 Forwarding of sample for analysis or examination
• 63 Right of owner or buyer to have substance or plant analysed,
&c.
• 64 Where method of analysis or examination prescribed
• 65 Costs of analysis or examination
• 66 Copy of result of analysis or examination to be supplied on demand
in certain cases
• 67 Copy of inspector's certificate to be supplied on demand in certain
cases
• 68 Additional copies of certificate
• 69 Analysis or examination not to be referred to for trade purposes

Division 1A - Improvement notices

• 69AA Improvement notices
• 69AB Compliance with improvement notice
• 69AC Contravention of improvement notice
• 69AD Review of improvement notice

Division 2 - Legal proceedings and offences

• 69A Time for instituting prosecutions
• 70 Return day of summons
• 71 Copy of analyst's certificate to be served on defendant
• 72 Source of information of witness need not be disclosed
• 73 Reports to inspector need not be disclosed
• 74 Burden of proof
• 75 Agent or servant liable in addition to principal
• 76 Right of agent or servant to recover from principal
• 77 Defence available to defendant where some other person is responsible
for commission of offence
• 78 Evidentiary provisions
• 79 Persons deemed to have sold certain substances
• 80 Selling certain substances by means of automatic machines prohibited
• 81 Medicines, &c., for internal use not to be sold in certain
containers
• 82 Obstruction, &c., of officers
• 83 Hawking, &c., of scheduled substances prohibited
• 83A Possession of pipe, &c.
• 83B Causing, &c., use of premises for certain purposes
• 83C Offence to make false statement, &c.
• 84 Forfeiture of substances, &c., in certain cases
• 84A Destruction of scheduled substances and prohibited plants
• 84B Directions to former holder of licence
• 85 Section 85
• 86 Offences by bodies corporate

Division 2A - Transitional provision

• 86A Transitional provision
• 86B Savings provisions for current licences

Division 2B - Ice pipes

• 86C Interpretation
• 86D Application of Division
• 86E Offence to sell ice pipes
• 86F Defence
• 86G Seizure of ice pipes, &c.
• 86H Retention, return or destruction of seized ice pipes

Division 3 - General

• 87 Application of certain Acts to orders made under this Act
• 88 Calculation of percentages
• 89 Annual list of holders of licences under section 27
• 90 Powers of inspectors with respect to licensed premises, &c.
• 90A Powers of police officers executing search warrants
• 90B Seizure of certain substances found in vehicles, &c.
• 90C Personal searches
• 90D Power of police officer to require person to provide certain
particulars
• 90E Power of police officer to pursue suspected person on to private
premises
• 91 Protection from liability
• 92 Revocation or suspension of rights
• 92A Adoption of standards by reference
• 92B Infringement notices
• 92C Disclosure of protected information
• 93 Regulations
• 94 Savings and transitional provisions
SCHEDULE 1 SCHEDULE 2 SCHEDULE 3

[ Note: This table has been automatically generated and may be incomplete. ]