Poisons Amendment Regulations (No. 3) 2009

Poisons Amendment Regulations (No. 3) 2009

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Poisons Act 1971 .

14 December 2009

PETER G. UNDERWOOD

Governor

By His Excellency's Command,

LARA GIDDINGS

Minister for Health

1.   Short title

These regulations may be cited as the Poisons Amendment Regulations (No. 3) 2009 .

2.   Commencement

These regulations take effect on the seventh day after the day on which their making is notified in the Gazette.

3.   Principal Regulations

In these regulations, the Poisons Regulations 2008 are referred to as the Principal Regulations.

4.    Regulation 74 substituted

Regulation 74 of the Principal Regulations is rescinded and the following regulation is substituted:

74.   Authorisation to manufacture, &c., certain dangerous poisons

(1)  In this regulation –

authorisation means authorisation by the Secretary under subregulation (9) ;

prescribed dangerous poison means a dangerous poison to which Condition 1 in Part 1 of Appendix J of the Uniform Standard applies.

(2)  A person may apply to the Secretary for authorisation.

(3)  The application is to be accompanied by the fee specified in item 8 of Schedule 9 .

(4)  The application is to include information about –

(a) the place or places at which the prescribed dangerous poison is to be kept; and

(b) any other matter the Secretary determines.

(5)  The Secretary may, in the Secretary's discretion –

(a) grant the application, with or without conditions; or

(b) refuse to grant the application.

(6)  Without limiting the Secretary's discretion, the conditions referred to in subregulation (5)(a) may include conditions relating to –

(a) the quantity of the prescribed dangerous poison; and

(b) storage and security requirements for the prescribed dangerous poison; and

(c) record keeping in respect of the prescribed dangerous poison; and

(d) disposal of the prescribed dangerous poison.

(7)  Without limiting the Secretary's discretion, the Secretary may refuse to grant the application if the Secretary considers that –

(a) the applicant has no legitimate need of authorisation; or

(b) in the case of an applicant who is a corporation, the officers of the corporation are not fit and proper persons to have the management of a corporation holding authorisation; or

(c) in the case of any other person, the applicant is not a fit and proper person to hold authorisation.

(8)  The Secretary, when considering whether a person is a fit and proper person for the purposes of subregulation (7)(b) or (c) , may have regard to any matters the Secretary considers relevant.

(9)  If the application is granted, the Secretary is to authorise the person to manufacture, obtain, possess, sell or supply a prescribed dangerous poison.

(10)  If the application is refused, the Secretary is to give the applicant notice of the refusal.

(11)  A person must not manufacture, obtain, possess, sell or supply a prescribed dangerous poison except –

(a) if the person –

(i) is authorised by the Secretary under subregulation (9) ; and

(ii) is acting in accordance with the authorisation and the conditions of the authorisation, if any; and

(iii) keeps the prescribed dangerous poison at the place or places specified in subregulation (4)(a) , except as otherwise authorised by the Secretary under subregulation (5)(a) ; or

(b) for any purpose, or on any condition, set out in these regulations; or

(c) as authorised under the Dangerous Substances (Safe Handling) Act 2005 or any other relevant Act.

Penalty:  Fine not exceeding 10 penalty units.

5.    Schedule 9 amended (Fees)

Schedule 9 to the Principal Regulations is amended by inserting after item 7 the following item:

8.

Application under regulation 74 for authorisation to manufacture, obtain, possess, sell or supply a prescribed dangerous poison

60

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 23 December 2009

These regulations are administered in the Department of Health and Human Services.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations amend the Poisons Regulations 2008 by providing for the application process by which a person may be granted authorisation to manufacture, obtain, possess, sell or supply certain dangerous poisons specified in regulation 74 .