Poisons (Adoption of Uniform Standard) Order 2012

Poisons (Adoption of Uniform Standard) Order 2012

I make the following order under section 14 of the Poisons Act 1971 .

MICHELLE O'BYRNE

Minister for Health

1.   Short title

This order may be cited as the Poisons (Adoption of Uniform Standard) Order 2012 .

2.   Commencement

This order takes effect on 1 July 2012.

3.   Interpretation of order

The Acts Interpretation Act 1931 applies to the interpretation of this order as if this order were by-laws.

4.   Adoption of Uniform Standard

(1)  Subject to subclause (2) , Part 4 and Appendix C of the Uniform Standard are adopted as the Poisons List for the purposes of the Poisons Act 1971 .

(2)  In its application to Tasmania, the Uniform Standard is amended as follows:

(a) by inserting the items listed in Appendix C of the Uniform Standard in Part 2 of Schedule 7 to the Poisons List;

(b) by inserting the following item in correct alphabetical order in Schedule 8 to the Poisons List:

Indian Hemp seed

5.   Interpretation of Poisons List

(1)  Unless the contrary intention appears, a reference to a substance specified in the Poisons List includes –

(a) that substance prepared from natural sources or artificially; and

(b) where the substance is a plant (other than a plant included in Schedule 8 or 9 to the Poisons List or a prohibited plant), that plant, or any part of it, when packed or prepared for therapeutic use; and

(c) any salt, active principal or derivative of the substance, including esters and ethers and any salt of the active principal or derivative; and

(d) any alkaloid of the substance and any salt of the alkaloid; and

(e) any stereo-isomer of the substance and any salt of the stereo-isomer; and

(f) any recombinant form of the substance; and

(g) a preparation or admixture containing any proportion of the substance –

but does not include –

(h) a preparation or product included in Appendix A to the Uniform Standard; or

(i) a substance included in Appendix G to the Uniform Standard at a concentration not exceeding the concentration specified in column 2 of that Appendix in respect of that substance; or

(j) any other substance included in Schedules 1 to 6, inclusive, to the Poisons List at a concentration not exceeding 10mg per litre or 10mg per kilogram, unless that substance is also included in Schedule 7 or 8 to that List; or

(k) any substance present as an impurity in a pesticide, at a concentration at or below the maximum content for that substance specified for the pesticide in the Standards for Active Constituents, as published by the Australian Pesticides and Veterinary Medicines Authority.

(2)  Unless the contrary intention appears, where a concentration, strength or quantity is specified in the Poisons List in respect of a substance –

(a) if the substance is present as a salt, active principal or derivative (including an ester or ether), the concentration, strength or quantity is calculated as the equivalent amount of the substance that is listed in the Poisons List; and

(b) the expression "1%" means –

(i) in the case of a liquid preparation, one gram of the substance per 100 millilitres of the preparation; or

(ii) in the case of a solid or semi-solid preparation or a pressurised spray aerosol preparation, one gram of the substance per 100 grams of the preparation –

and any expression of a greater or lesser percentage has a corresponding meaning; and

(c) in the case of codeine, such concentration, strength or quantity is calculated as anhydrous codeine.

(3)  A reference to a boiling or distillation temperature in the Schedules means that temperature at an atmospheric pressure of 101.325kPa (760 millimetres of mercury).

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

Notified in the Gazette on 29 June 2012

This order is administered in the Department of Health and Human Services.