The place to access your Free Legal Rights Information

Download PDF

Health Act 1937 – 1 November 2013

Health (Drugs and Poisons) Regulation 1996 – 18 November 2016

Health Regulation 1996 – 1 October 2016

Quick to view summary

No person shall sell any drug or article which is adulterated or falsely described, or which is packed or enclosed for sale or labelled, branded, or marked in any manner contrary to or not in compliance with this Act. For the definitions of ‘article’, ‘drug’ and ‘sale’, refer to section 5 of the Act.

  • Sections 5, 101, 101A, 104, 104A

A regulation may prohibit the sale or supply, by means of any automatic machine or similar mechanical device, of any drug, poison or contraceptive specified in the regulation. ‘Contraceptive’ includes any condom and any other fitting or appliance sold for use as a contraceptive or capable of being used as a contraceptive. Pursuant to regulation 204 of the Health Regulation 1996, the sale or supply of condoms is prohibited in State schools/grammar schools.

  • Section 106; Regulations 131A, 220A, 292A of the Health (Drugs and Poisons) Regulation 1996; Regulation 204 of the Health Regulation 1996

Where any person sells a drug which is a mixture the ingredients shall be pure and in an undeteriorated and sound condition. The person shall deliver the mixture to the purchaser in a package on or attached to which is a label stating that the drug is a mixture and the names of the ingredients legibly and uniformly written and, when so prescribed, the names and proportions of the ingredients. For the definitions of ‘label’ and ‘package’, refer to section 5 of the Act.

  • Sections 5, 107

A regulation may prohibit the advertising or sale of any drug or article which is injurious to life or health, or which by reason of its inactivity or inefficiency is useless for the advertised purposes. A regulation may be made only if the manufacturer, importer, seller, or owner of the drug or article has been given a reasonable opportunity to object to the government about the proposed prohibition.

  • Sections 110, 111

A regulation may prohibit the sale of any article as a disinfectant, germicide, antiseptic, preservative, or deodorant. However, a regulation may be made only if the manufacturer, importer, seller or owner of the article has been given a reasonable opportunity to object to the government about the proposed prohibition.

  • Section 113

A regulation may require a label to be supplied on or attached to a package of disinfectant, germicide, antiseptic or deodorant packed or enclosed for sale.

  • Section 114

Every package containing any drug or poison for sale shall bear a label which complies in all respects with what is prescribed under a regulation.

  • Section 131I; Regulation 11 of the Health (Drugs and Poisons) Regulation 1996

Every person who contravenes of fails to comply with any provision of this Act shall be guilty of an offence and liable, if no other penalty is imposed, to a penalty not exceeding 20 penalty units.

  • Section 175

If the Pharmacy Board of Australia recognises a quality standard (‘a PBA standard’) for a (dispensing drug) activity, the quality standard prepared or adopted by a pharmacist, for the activity, must be at least equivalent to the PBA standard for the activity. A quality standard must be consistent with the following principles: in selecting a way to manage a person’s condition, a pharmacist should consider appropriate options, including, for example, medicinal and non-medicinal options; for a medicinal option, the pharmacist should choose the medicine the pharmacist considers is the most appropriate having regard to relevant matters, including, for example, potential risks and benefits of using the medicine; a medicine should be used in a way that: (i) maximises the efficacy of the medicine; and (ii) minimises misuse of the medicine.

  • Regulations 4A, 81A, 192A, 273A of the Health (Drugs and Poisons) Regulation 1996

A person must not sell a controlled drug, restricted drug or a poison, unless the way it is packed complies with part 2 of the current Poisons Standard.

  • Regulation 10 of the Health (Drugs and Poisons) Regulation 1996

A person must not sell camphor or naphthalene in ball, block, disc or pellet form for domestic use, unless it is in a device that, in normal use, prevents removal or ingestion of the camphor or naphthalene.

  • Regulation 13 of the Health (Drugs and Poisons) Regulation 1996

A person may apply for an operating approval (for a controlled drugs administration facility) only if the person is a pharmacist who is authorised, under regulation 64(1)(f) of the Health (Drugs and Poisons) Regulation 1996, to administer or supply a controlled drug, under the pharmacist opioid DTP, on the instruction of a doctor.

  • Regulations 20B, 20C, 20E, 20F of the Health (Drugs and Poisons) Regulation 1996

The government may grant a controlled drug manufacturer licence to a person only if reasonably satisfied: (a) the person (i) intends to carry on business as a controlled drug manufacturer; and (ii) is a suitable person to manufacture and sell controlled drugs; and (b) an individual who holds the position responsible for supervising the manufacture of the controlled drug or drugs has the qualifications and experience necessary to effectively supervise the manufacture; and (c) the premises to be used for manufacturing the controlled drug or drugs are suitable for the purpose. Pursuant to regulation 43 of the Health (Drugs and Poisons) Regulation 1996, a controlled drug manufacturer may manufacture only the controlled drugs stated in the manufacturer’s licence; and is taken to hold the following licences: (i) a controlled drug wholesaler licence; (ii) a restricted drug wholesaler licence; (iii) a poison wholesaler licence.

  • Regulations 42, 43, 44, 45, 46, 47, 48, 49 of the Health (Drugs and Poisons) Regulation 1996

A licensee must, when selling a controlled drug to a person, give the person an invoice for the sale of the drug. The licensee must ensure the invoice: has a unique number; and states (i) the date of the sale; (ii) the name and address of the person to whom the controlled drug is sold; and (c) describes the controlled drug and the quantity or volume of the drug sold.

  • Regulations 49A, 50 of the Health (Drugs and Poisons) Regulation 1996

A person must not have in the person’s possession a controlled drug unless the person is endorsed to possess the drug. Further, a person must not dispense, issue, prescribe, purport to prescribe or sell a controlled drug unless the person is, under this regulation, endorsed to dispense, issue, prescribe or sell the drug. Note: An exception applies to anaesthetic assistants and enrolled nurses pursuant to regulations 52 and 58A of the Health (Drugs and Poisons) Regulation 1996. For rules relating to dentists, refer to regulation 56 of the Health (Drugs and Poisons) Regulation 1996. For rules relating to doctors, refer to regulation 58 of the Health (Drugs and Poisons) Regulation 1996. For rules relating to midwives, refer to regulation 62 of the Health (Drugs and Poisons) Regulation 1996. For rules relating to pharmacists, refer to regulation 64 of the Health (Drugs and Poisons) Regulation 1996. For rules relating to registered nurses, refer to regulation 67. For rules relating to veterinary surgeons, refer to regulation 71 of the Health (Drugs and Poisons) Regulation 1996. For the definitions of ‘dispense’ and ‘prescribe’, refer to Appendix 9 of the Health (Drugs and Poisons) Regulation 1996.

  • Regulations 51, 52, 56, 58, 58A, 62, 67, 71, 74, 95, Appendix 9 of the Health (Drugs and Poisons) Regulation 1996

The government may grant an approval to a doctor to facilitate the treatment of a particular patient of the doctor with medicinal cannabis. If a patient-class prescriber is satisfied a patient the patient-class prescriber is treating needs medicinal cannabis for therapeutic use as a part of the patient’s medical treatment, the patient-class prescriber is authorised to write a prescription for the (a) issue or supply of medicinal cannabis for the purpose of treating the patient; or (b) administration of medicinal cannabis to the patient. For the definition of ‘patient-class prescriber’, refer to regulation 78B of the Health (Drugs and Poisons) Regulation 1996.

  • Regulations 78B, 78E, 78F, 78G, 78H, 78L, 78M, 78P of the Health (Drugs and Poisons) Regulation 1996

A prescriber must not prescribe a controlled drug unless the prescription is made in a way that complies with regulation 79 of the Health (Drugs and Poisons) Regulation 1996. The following particulars must appear on the front of a paper prescription or in an electronic prescription: the prescriber’s name, professional qualifications and address; the date it is made; if the controlled drug is for human use-the name, address and date of birth of the person for whose use it is prescribed, etc – see subregulation 79(4) of the Health (Drugs and Poisons) Regulation 1996. For when a prescription may be replaced with a generic drug by the dispenser, refer to regulation 83 of the Health (Drugs and Poisons) Regulation 1996.

  • Regulations 79, 80, 81, 81AA, 82, 82A, 84, 84A, 127; Appendix 4 of the Health (Drugs and Poisons) Regulation 1996

A person who sells a controlled drug as a dispensed medicine or supplies a controlled drug on a written instruction, must securely attach to the dispensed or supplied medicine’s container a label as required by this section with the following warnings printed on it: (a) ‘Keep out of reach of children’; (b) if the prescriber is a veterinary surgeon-‘For animal treatment only’. The label must also have written on it: (a) for a dispensed or supplied medicine for human use-the name of the person for whose use it is intended; etc. For the definition of ‘written instruction’, refer to Appendix 9 of the Health (Drugs and Poisons) Regulation 1996.

  • Regulation 85, Appendix 9 of the Health (Drugs and Poisons) Regulation 1996

If a pharmacist takes over the management of a dispensary for more than 7 days, whether as the owner or an employee, the pharmacist must immediately: (a) find out the quantity or volume of each class of controlled drug in stock at the dispensary; (b) enter the quantity or volume of each class of controlled drug in stock in the appropriate page or part of the controlled drugs record and (i) for a controlled drugs record kept in a book—sign and date each entry; and (ii) for a controlled drugs record kept in another form—show the pharmacist’s name and the date of the entry.

  • Regulation 88 of the Health (Drugs and Poisons) Regulation 1996

An authorised person must not obtain a controlled drug other than on a purchase order complying with the Health (Drugs and Poisons) Regulation 1996. The purchase order for a controlled drug must have on its front: (a) the date it is written; (b) the name and address of the person placing the order; (c) the description and quantity or volume of the controlled drug to be supplied; and (d) a number that allows the purchase order to be distinguished from other purchase orders used by the person ordering the controlled drug.

  • Regulations 89, 90 of the Health (Drugs and Poisons) Regulation 1996

If a doctor or nurse practitioner administers, dispenses, prescribes or supplies a controlled drug in the treatment of a patient for more than 2 months, the doctor or nurse practitioner must immediately give the government a written report in the approved form about the circumstances of the patient’s treatment.

  • Regulation 120 of the Health (Drugs and Poisons) Regulation 1996

A person who (a) consults a dentist, doctor, nurse practitioner, physician’s assistant or surgical podiatrist; and (b) obtains a controlled drug or restricted drug of dependency, or a prescription for a controlled drug or restricted drug of dependency, from the earlier practitioner; and (c) consults another dentist, doctor, nurse practitioner, physician’s assistant or surgical podiatrist within 2 months after consulting the earlier practitioner MUST not obtain a controlled drug, or a prescription for a controlled drug, from the other practitioner unless the person gives the other practitioner details (including quantities) of all controlled drugs or restricted drugs of dependency, and prescriptions for controlled drugs or restricted drugs of dependency, obtained from an earlier practitioner within 2 months before the person consults the other practitioner. For a list of ‘restricted drugs of dependency’, refer to Appendix 8 of the Health (Drugs and Poisons) Regulation 1996.

  • Regulations 121, 128, Appendix 8 of the Health (Drugs and Poisons) Regulation 1996

If a relevant practitioner reasonably believes a person is a drug dependent person, the relevant practitioner must not, without an approval: (a) dispense or prescribe a controlled drug for the person; or (b) administer or supply a controlled drug to or for the person; or (c) give an oral or written instruction to supply a controlled drug to or for the person.

  • Regulations 122, 128 of the Health (Drugs and Poisons) Regulation 1996

A person must not discharge, dispose of or use a controlled drug in a way that: (a) endangers the life or safety of a person or domestic animal; or (b) exposes food, drink or a condiment or another drug or a poison to the risk of contamination by the controlled drug; or (c) allows access to the controlled drug to someone not endorsed to possess it.

  • Regulation 130 of the Health (Drugs and Poisons) Regulation 1996

A person must not advertise, or cause someone else to advertise, a substance that is or contains a controlled drug, whether or not the controlled drug is named in the advertisement. However this rule does not apply to: (a) an advertisement in a professional or trade journal; or (b) a price list, advertisement or promotional material intended for circulation only to the wholesale drug trade or the dental, medical, pharmaceutical or veterinary professions; or (c) a price list that complies with the document called ‘Price Information Code of Practice’, published by the Therapeutic Goods Administration, as in force from time to time.

  • Regulation 131 of the Health (Drugs and Poisons) Regulation 1996

The government may grant a restricted drug manufacturer licence to a person only if satisfied: (a) the person (i) intends to carry on business as a restricted drug manufacturer; and (ii) is a suitable person to manufacture and sell restricted drugs; (b) an individual who holds the position responsible for supervising the manufacture of the restricted drug or drugs has the qualifications and experience necessary to effectively supervise the manufacture; and (c) the premises to be used for manufacturing the restricted drug or drugs are suitable for the purpose. A restricted drug manufacturer: (a) may manufacture only the restricted drugs stated in the manufacturer’s licence; and (b) is taken to hold the following licences: (i) a restricted drug wholesaler licence; (ii) a poison manufacturer licence; (iii) a poison wholesaler licence.

  • Regulations 136, 137, 138, 139, 140, 141, 142, 143, 166 of the Health (Drugs and Poisons) Regulation 1996

A licensee must, when selling a restricted drug to a person, give the person an invoice for the sale of the drug. The licensee must ensure the invoice: (a) has a unique number; and (b) states: (i) the date of the sale; (ii) the name and address of the person to whom the restricted drug is sold; and (c) describes the restricted drug and the quantity or volume of the drug sold.

  • Regulation 144 of the Health (Drugs and Poisons) Regulation 1996

A person must not have in the person’s possession a restricted drug unless the person is endorsed to possess the drug. Further, a person must not dispense, issue, prescribe, purport to prescribe or sell a restricted drug unless the person is endorsed to dispense, issue, prescribe or sell the drug. Note: Specific authorisations automatically apply for anaesthetists, enrolled nurses, doctors and other health professionals.

  • Regulations 146, 183, 204, 205, 211 of the Health (Drugs and Poisons) Regulation 1996

The government may grant a wholesale representative licence to a person only if satisfied the person: (a) is employed by a licensee or an interstate licensee in a capacity requiring the person to possess restricted drugs for displaying or giving, as samples, to dentists, doctors, pharmacists or veterinary surgeons; and (b) is a suitable person to be allowed to possess restricted drugs. A wholesale representative is authorised to obtain a restricted drug from a restricted drug wholesaler and possess it for displaying or giving, as samples, to dentists, doctors, pharmacists or veterinary surgeons.

  • Regulations 147, 148, 149 of the Health (Drugs and Poisons) Regulation 1996

A prescriber must not prescribe a restricted drug unless the prescription is made in a way that complies with the Health (Drugs and Poisons) Regulation 1996. The following particulars must appear on the front of a paper prescription or in an electronic prescription: (a) the prescriber’s name, professional qualifications and address; (b) the date it is made; (c) if the restricted drug is for human use—the name and address of the person for whose use it is prescribed, etc – see subregulation 190(2) of the Health (Drugs and Poisons) Regulation 1996. For when a generic restricted drug may be dispensed instead of the restricted drug prescribed, refer to regulation 195 of the Health (Drugs and Poisons) Regulation 1996.

  • Regulations 190, 192, 192AA, 193, 193A, 195, 197, 217; Appendix 4 of the Health (Drugs and Poisons) Regulation 1996

A pharmacist may sell a restricted drug to a person without prescription if the pharmacist reasonably believes: (a) an emergency exists; and (b) the person seeking the drug is under medical treatment requiring the use of the drug; and (c) it is essential to continue the treatment for the person’s wellbeing.

  • Regulation 194 of the Health (Drugs and Poisons) Regulation 1996

A person who sells a restricted drug as a dispensed medicine must securely attach to the medicine’s container a label, as required by this section, with the following warnings printed on it: (a) ‘Keep out of reach of children’; (b) if the prescriber is a veterinary surgeon-‘For animal treatment only’. The label must also have written on it: (a) if the dispensed medicine is for human use-the name of the person for whose use it is intended; etc.

  • Regulation 198 of the Health (Drugs and Poisons) Regulation 1996

An authorised person must not obtain a restricted drug other than on a purchase order complying with the Health (Drugs and Poisons) Regulation 1996. The purchase order must have on its front: (a) the date it is written; and (b) the name and address of the person placing the order; and (c) the description and quantity or volume of the drug to be supplied; and (d) a number that allows the purchase order to be distinguished from other purchase orders used by the person ordering the restricted drug.

  • Regulations 200, 201, 203 of the Health (Drugs and Poisons) Regulation 1996

A person who (a) consults a dentist, doctor, nurse practitioner or surgical podiatrist; and (b) obtains a restricted drug of dependency or controlled drug, or a prescription for a restricted drug of dependency or controlled drug, from the earlier practitioner; and (c) consults another dentist, doctor, nurse practitioner or surgical podiatrist within 2 months after consulting the earlier practitioner MUST not obtain a restricted drug of dependency, or a prescription for a restricted drug of dependency, from the other practitioner unless the person gives the other practitioner details (including quantities) of all restricted drugs of dependency or controlled drugs, and prescriptions for restricted drugs of dependency or controlled drugs, the person has obtained from the earlier practitioner within 2 months before the day the person consults the other practitioner.

  • Regulations 212, 218 of the Health (Drugs and Poisons) Regulation 1996

A relevant practitioner must not, without an approval: (a) dispense or prescribe a restricted drug of dependency for a person the relevant practitioner reasonably believes is a drug dependent person; or (b) administer or supply a restricted drug of dependency to or for a drug dependent person.

  • Regulations 213, 213A, 218 of the Health (Drugs and Poisons) Regulation 1996

A person must not advertise, or cause someone else to advertise, a substance that is or contains a restricted drug, whether or not the restricted drug is named in the advertisement. However, this rule does not apply to: (a) an advertisement in a professional or trade journal; or (b) a price list, advertisement or promotional material intended for circulation only to the wholesale drug trade or the dental, medical, pharmaceutical or veterinary professions; or (c) a price list that complies with the document called ‘Price Information Code of Practice’, published by the Therapeutic Goods Administration, as in force from time to time.

  • Regulation 220 of the Health (Drugs and Poisons) Regulation 1996

The government may grant a poison manufacturer licence to a person only if reasonably satisfied: (a) the person (i) intends to carry on business as a poison manufacturer; and (ii) is a suitable person to manufacture and sell poisons; (b) an individual who holds the position responsible for supervising the manufacture of the poison or poisons has the qualifications and experience necessary to effectively supervise the manufacture; and (c) the premises to be used for manufacturing the poison or poisons are suitable for the purpose. A poison manufacturer: (a) may manufacture an S2, S3 or S7 poison; and (b) is taken to hold a poison wholesaler licence for the poison.

  • Regulations 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236 of the Health (Drugs and Poisons) Regulation 1996

When a poison manufacturer or wholesaler sells an S2, S3 or S7 poison to a person, the manufacturer or wholesaler must give the person an invoice for the poison sold. The manufacturer or wholesaler must ensure the invoice has a unique number and states: (a) the date of the sale; and (b) the name and address of the person to whom the poison is sold; and (c) the name of the poison and the quantity or volume of it sold.

  • Regulation 237 of the Health (Drugs and Poisons) Regulation 1996

A person must not dispense, prescribe, purport to prescribe or sell an S2, S3 or S7 poison unless the person is endorsed to dispense, prescribe or sell the poison. Further, a person who may, under an endorsement, administer, dispense, issue, prescribe or sell an S2, S3 or S7 poison, or write a written instruction or give an oral instruction for an S2, S3 or S7 poison, must not destroy an S2, S3 or S7 poison unless the person is endorsed to destroy the poison. Note: Authorisations are automatic for doctors and other specified health professionals.

  • Regulations 243, 270, 270A, 271, 286 of the Health (Drugs and Poisons) Regulation 1996

A pharmacist must not dispense a poison on a prescription unless the poison dispensed: (a) conforms with the prescription; or (b) is dispensed under section 275 (which contains rules for dispensing generic poisons).

  • Regulations 274, 277 of the Health (Drugs and Poisons) Regulation 1996

A person who sells a poison as a dispensed medicine must securely attach to the medicine’s container a label, as required by this section, with the following warnings printed on it: (a) ‘Keep out of reach of children’; (b) if the prescriber is a veterinary surgeon-‘For animal treatment only’.

  • Regulation 276 of the Health (Drugs and Poisons) Regulation 1996

A person must not store a poison for sale within reach of children.

  • Regulation 284 of the Health (Drugs and Poisons) Regulation 1996

A person must not discharge, place or otherwise dispose of a poison: (a) in or on an alley, street, public land or public place; or (b) in or on other land or premises or another place, without the permission of the owner or occupier of the land, premises or place; or (c) into or on a channel, creek, dam, drain, river, road, street, watercourse or another body of water.

  • Regulation 290 of the Health (Drugs and Poisons) Regulation 1996

A person must not change, cover, deface or remove a brand, declaration, label, mark or statement that is required to be fixed to, or shown on, the container of a poison.

  • Regulation 291 of the Health (Drugs and Poisons) Regulation 1996

A person must not advertise, or cause someone else to advertise, a substance that is or contains an S3 poison whether or not the poison is named in the advertisement. This rules does not apply to: (a) an advertisement in a professional or trade journal; or (b) a price list, advertisement or promotional material intended for circulation only in the dental, medical, pharmaceutical or veterinary professions or the wholesale poison trade; or (c) an S3 poison that, under the current Poisons Standard, may be advertised; or (d) a price list that complies with the document called ‘Price Information Code of Practice’, published by the Therapeutic Goods Administration, as in force from time to time.

  • Regulation 292 of the Health (Drugs and Poisons) Regulation 1996

A person must not store a poison within reach of children.

  • Regulation 293 of the Health (Drugs and Poisons) Regulation 1996

A person must not place arsenic or strychnine, or a substance or chemical compound containing arsenic or strychnine, on or in the body, or a part of the body, of a deceased person for embalming the body or part of the body.

  • Regulation 294 of the Health (Drugs and Poisons) Regulation 1996

A person must not sell or use a device (other than an electrical or other heating device) that contains a poison for the destruction of insects, unless: (a) the poison in the device is inaccessible to children and domestic animals; and (b) the device is not a hazard to people in its vicinity; and (c) the device has been certified for use for insect destruction.

  • Regulation 298 of the Health (Drugs and Poisons) Regulation 1996

A person must not: (a) sell chalk, crayons, finger colours, pencils, poster paints, school pastels or show-card colours containing a poison; or (b) sell an artist’s brush or pencil containing a poison in the outside lacquer of the brush or pencil.

  • Regulation 299 of the Health (Drugs and Poisons) Regulation 1996

A person must not use, or allow to be used, a food or drink container to hold a poison.

  • Regulation 300 of the Health (Drugs and Poisons) Regulation 1996

A person must not manufacture or sell fireworks containing arsenic.

  • Regulation 301 of the Health (Drugs and Poisons) Regulation 1996

The occupier of a dispensary must ensure the dispensary: (a) is adequately enclosed, ventilated, painted and lit; and (b) has lined walls and ceilings; and (c) has a floor covering that may be easily cleaned; and (d) has a stainless steel sink supplied with: (i) cold running water; and (ii) hot running water of at least 60ºC; and (e) has a separate dispensing bench with a smooth, impervious surface. For the definition of ‘dispensary’, refer to regulation 22 of the Health Regulation 1996.

  • Regulations 22, 23, 24, 25, 26, 30, Schedules 4, 5 of the Health Regulation 1996

A package containing therapeutic goods or other drugs shall bear on or attached to it a label on which shall be written such particulars or statements as are prescribed by the Health Regulation 1996. Particulars or statements shall include: (i) the name, trade name or description of the therapeutic goods or other drugs contained in the package; (ii) the name and business address of the manufacturer or importer or the vendor or packer, not being a post office address; (iii) the net weight or number or true measure or, as the case requires, volume of the contents of the package, etc. For the definition of ‘therapeutic goods’, refer to regulation 153 of the Health Regulation 1996.

  • Regulations 153, 156, 158, 159, 160, 161, 162 of the Health Regulation 1996

The label on or attached to a package containing therapeutic goods or other drugs for sale or any advertisement relating to such goods or drugs shall not contain a statement, claim or representation, pictorial or otherwise, in relation to such goods or drugs that directly or by implication indicates or suggests any matter or thing: (a) with respect to the use of such goods or drugs for the purpose of or in connection with: abortifacient action, acidity of the stomach, other than temporary relief, alcoholism, anaemia, etc – there is a long list of health afflictions). In addition, a fictitious testimonial or the name of a fictitious person shall not be included in the label on or attached to or in an advertisement relating to therapeutic goods or other drugs. For the entire advertising restrictions imposed, refer to regulation 157 of the Health Regulation 1996.

  • Regulation 157 of the Health Regulation 1996

Soap: (a) shall contain (i) not less than 590 grams of fatty acids and resin acids or both per kilogram; (ii) not more than— (A) 1 gram of free caustic alkali; (B) 30 grams of sodium carbonate; per kilogram; (b) shall not contain any other substances save water, perfume and harmless colouring matter.

  • Regulation 163 of the Health Regulation 1996

A person must not sell a prescribed substance unless it is packed: (a) in a reclosable container that has directions for opening and closing the container conspicuously marked or written on it or on a label securely attached to it; or (b) in a non-reclosable container. A ‘prescribed substance’ means: (a) a capsule, lozenge, pastille, suppository, tablet or similar discrete solid dosage unit, other than individually wrapped powders, containing: (i) a therapeutic or animal use substance mentioned in schedule 14, part 1; or (ii) an ester, salt or other derivative of a therapeutic or animal use substance mentioned in schedule 14, part 1; or (b) a liquid preparation containing a therapeutic or animal use substance mentioned in schedule 14, part 2.

  • Regulation 167, Schedule 14 of the Health Regulation 1996

A person shall not manufacture, prepare, produce, store, handle, pack, display, serve or sell any therapeutic substance or other drug for sale or a substance used or intended to be used in the manufacture, preparation or production of any therapeutic substance or other drug for sale in or at a place or part of a place: (a) that is at any time (i) used as a sleeping apartment or in which there is a bed or bedding or in direct communication by means of any door, window or other opening with a sleeping apartment or place in which there is a bed or bedding; (ii) used as a sanitary convenience or in direct communication by means of any door, window or other opening with a sanitary convenience or place in which any animal or bird is allowed to be at large; (iii) used as a change room.

  • Regulation 171 of the Health Regulation 1996

A person engaged in the manufacture, preparation, production, storage, handling, packing, serving, selling, conveyance or delivery of therapeutic goods or other drugs for sale, whilst so engaged shall: (a) not expectorate or smoke; (b) be clean in his or her habits, body and attire; (c) be free from any contagious or infectious disease or communicable skin infection or infected wound; (d) not wear a bandage or dressing that may come into contact with or contaminate such goods or drugs; (e) immediately before commencing work and upon every occasion after visiting a sanitary convenience before resuming work, wash his or her hands and brush his or her fingernails thoroughly with soap and clean water; (f) for the purpose of the prevention of the risk of contamination to or by such goods or drugs and when so directed in writing by the government so to do, wear such clothing as the person is directed to wear.

  • Regulation 175 of the Health Regulation 1996

A person who: (a) is suffering from (i) any contagious or infectious disease; (ii) any communicable skin infection or acute respiratory infection; (iii) any open sore or infected wound; (b) is wearing a bandage or dressing that may come into contact with or contaminate therapeutic goods or other drugs; shall not be engaged in or in connection with the manufacture, preparation, production, storage, handling, packing, serving, selling, conveyance or delivery of therapeutic goods or other drugs for sale.

  • Regulation 176 of the Health Regulation 1996
Reason for law

N/A

Relevant links

Medicines and Poisons [Queensland Health]
Medicines – Clinical Guidelines and Procedures
Comparison with Public Health Act 2005

Pharmacy Board of Australia

Medical Technology Association of Australia (MTAA)

Therapeutic Goods Administration (TGA)

Media article

New legislation makes cannabis crops legal – for some

Why will medical cannabis oil be legal in Victoria but smoking not?

Queensland company awarded medicinal cannabis licence

Critique

Section 178 of the Act contains the phrase ‘prima facie’. This phrase may not be understood by members of the public.

Regulation 157 of the Health Regulation 1997 contains the phrase ‘bona fide’. This phrase may not be understood by members of the public.

It is highlighted that there is more regulatory information contained in the Regulations when compared to the overarching Act.

Suggested further reading

Advertising

APL-advertising-500

× Note: Advertising on this webpage does not indicate that the entity advertising has any specialist expertise or accreditation. If specialist expertise or accreditation is promoted by the advertiser, they will have provided such information in their logo with no involvement from Access Point Law. It is expressly made clear that Access Point Law does not guarantee any level of expertise or accreditation of any advertiser and does not guarantee the accuracy of advertising information. You are encouraged to make your own enquires.

The author expressly disclaims all liability for loss or damage arising from your use or reliance on advertising information published at any time on this website.

Disclaimer: The information published on this webpage has been provided free for the benefit of the public and does not act as advice to any individual or other entity. If you require advice relating to your situation, go visit your professional adviser. The author and any third party advertising on this webpage expressly disclaim all liability for loss or damage arising from your use or reliance on the information published at any time on this webpage.

PLEASE NOTE: The information published on this webpage may be out-of-date. Please compare the currency date of the Act/Regulation against that published on the Office of the Queensland Parliamentary Counsel website. If you require access to Commonwealth statute law, please visit the ComLaw website. If you require access to the local council laws (by-laws), please visit the Local laws database.

Featured image from Flickr Commons – https://www.flickr.com/photos/internetarchivebookimages/14597977858/in/photolist-oeYseq-ouUUgj-ov9AdD-ouQjqi-owaKVW-5HiHhR-5HidVp-ownTfn-oxh7wr-5HjeLK-ouTir1-odMoy7-5Hnh29-5sgziL-5Ho8cy-ouTRRQ-5Hnkib-5HnYN9-5HnjUJ-5Hjb6B-5Hotc5-ouDA1i-5HoiDQ-5Hjejr-5HiNc2-5Hj6dV-owRErD-odqYKf-odAQBv-ow74nK-odATcn-ouVnXH-5Hieax-owaJbd-ouTKBf-ouq7E7-oeWt45-ocsr4S-oeUf5x-5HiiS2-ot3RW7-5HibLV-owknVS-odcgef-odDUQW-oy6EG4-oy6Gex-oeSYTo-ouq7Yd-odBzCT

APL-SS BULLETINGLOBAL LAW PROGRAM LOGO

Access Point Law | ABN 85 103 203 656
Copyright 2015 Andrew Bird