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TAS - POISONS ACT 1971


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POISONS ACT 1971

TABLE OF PROVISIONS

Long Title

PART I - Preliminary

1. 1. Short title and commencement
2. 2. Repeal and savings
3. 3. Interpretation
4. 4. Meaning of drug-seeking behaviour
5. 5. Construction of Act

PART II - Administration Division 1 -
. . . . . . . .

6. 6.
7. 7.
8. 8.
9. 9.
10. 10.
11. 11.
12. 12.
13. 13.

Division 2 - Classification of substances

14. 14. The Poisons List
15. 15. Amendment of the Poisons List

Division 3 - Licensing of manufacturing chemists and wholesale
chemists

16. 16. Licences
17. 17. Refusal of licences and of renewals thereof
18. 18. Offences

Division 4 - Analysts

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

Division 5 - General

23. 23. Appointment of inspectors
24. 24. Delegation of functions, &c.
25. 25. Duties of analysts and inspectors
25A. 25A. Authorization of registered nurses by Minister
25B. 25B. Authorisation of nurse practitioners by Secretary

PART III - Poisons and Restricted Substances Division 1 -
Restrictions on the sale, supply, and possession of poisons and
restricted substances

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

Division 2 - Dangerous poisons

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

Division 3 - Exemptions

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

PART IV - New Drugs

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

PART V - Special Provisions Relating to Narcotics, Prohibited Plants,
and Prohibited Substances Division 1 - Interpretation

44. 44. Interpretation: Part V

Division 2 - Restrictions on the importation, making, refining,
preparation, sale, supply, possession, cultivation, and use of
narcotics and prohibited plants

45. 45. Restriction of importation
46. 46. Manufacture of narcotic substances
47. 47. Sale and supply of narcotic substances, prohibited plants,
and prohibited substances
47A. 47A. Administration of medicinal poisons and potent, restricted
and narcotic substances
47B. 47B. Review of regulations
47C. 47C. Eligible midwives
47D. 47D. Offence for eligible midwife to make available drugs of
dependence, &c.
48. 48. Possession of narcotic substances, &c.
49. 49. Prohibition of possession of prohibited plants except under
licence
50. 50. Exceptions as to scientific institutions
51. 51.
52. 52. Growing of certain plants prohibited except under licence
53. 53. Minister's discretion to grant or refuse licences

Division 3 -
. . . . . . . .

54. 54.

Division 4 - Prohibited substances

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

Division 5 - General

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

PART VA - Notification and authorisation in relation to certain
restricted substances and narcotic substances

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

PART VB - Poppy Advisory and Control Board

59XG. 59G. Interpretation
59XH. 59H. Poppy Advisory and Control Board
59XI. 59I. Functions of Board
59XJ. 59J. Powers of Board
59XK. 59K. Delegation
59XL. 59L. Annual report
59XM. 59M. Secretarial and administrative support

PART 5A -
. . . . . . . .

59A. 59A.
59B. 59B.
59C. 59C.
59D. 59D.
59E. 59E.
59F. 59F.
59G. 59G.

PART VI - Miscellaneous Division 1 - Analysis and examination of
scheduled substances and scheduled plants

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

Division 2 - Legal proceedings and offences

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

Division 2A - Transitional provision

86A. 86A. Transitional provision
86B. 86B.
86C. 86C.
86D. 86D.

Division 3 - General

87. 87. Application of certain Acts to orders made under this Act
88. 88. Calculation of percentages
89. 89. Annual list of holders of licences under section 27
90. 90. Powers of inspectors with respect to licensed premises,
&c.
90A. 90A. Powers of police officers executing search warrants
90B. 90B. Seizure of certain substances found in vehicles, &c.
90C. 90C. Personal searches
90D. 90D. Power of police officer to require person to provide
certain particulars
90E. 90E. Power of police officer to pursue suspected person on to
private premises
91. 91. Protection from liability
92. 92. Revocation or suspension of rights
92A. 92A. Adoption of standards by reference
<a href="http://www.austlii.e...1/s93.html">93. 93. Regulations
SCHEDULE 1
SCHEDULE 2
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WARNING/DISCLAIMER The OZ Stoners cannabis community contains information regarding cannabis & other drugs; it is designed for mature (18+) audiences only. This site in no way condones the use of cannabis by minors. The content here within this cannabis community is for educational & entertainment purposes only. Any buying/selling or trading of illegal cannabis seeds, clones, flowers, resin or oil is strictly prohibited within this cannabis community.