Australian Capital Territory
Poisons Act 1933    
A1933-37
Republication No 10
Effective:  25 August 2004 – 6 July 2005
Republication date: 25 August 2004
Last amendment made by A2004-42

Not all amendments are in force: see last endnote

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Poisons Act 1933 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 25 August 2004.  It also includes any amendment, repeal or expiry affecting the republished law to 25 August 2004.  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
This republication includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication date is—
	(a)	if the person charged is an individual—$100; or
	(b)	if the person charged is a corporation—$500.

Australian Capital Territory
Poisons Act 1933

Contents
	Page
Part 1	Preliminary
	1	Name of Act	2
	2	Dictionary	2
	3	Notes	2
	3A	Offences against Act—application of Criminal Code etc	2
Part 2	Administration
	4	Application of Act to Territory	4
	5	Licences to sell poisons and other substances	4
	6	Appointment of analysts	5
	7	Evidence of analysis	5
	8	Powers of inspection	5
	9	Calculation of percentages	5
	10	Declaration of substances by Minister	6
Part 3	General provisions relating to the sale of poisons and poisonous substances
	11	Sale of poisons and poisonous substances	7
	12	Hawking poisons and poisonous substances an offence	7
	13	Pharmacists may manufacture poison and poisonous substances	8
	14	Storage of poisons	8
	15	Sale or supply from vending machines prohibited	8
Part 4	Biological preparations and restricted substances
	16	Sale etc of biological preparations and restricted substances	9
	16A	Supply of certain restricted substances by pharmacists in emergencies	11
Part 5	Miscellaneous
	17	Offences in relation to the sale of poisons etc	13
	18	Maximum penalty where offence is due to inadvertence	14
	19	Averment of prosecution	14
	19A	Extended meaning of possession	14
	20	Determination of fees	14
	20A	Approved forms	15
	21	Appointment of authorised people	15
	22	Regulation-making power	15
	23	References to podiatrist in DI2004‑8	16
Dictionary		17
Endnotes
	1	About the endnotes	19
	2	Abbreviation key	19
	3	Legislation history	20
	4	Amendment history	24
	5	Earlier republications	32
	6	Renumbered provisions	33
	7	Uncommenced amendments	33

Australian Capital Territory
Poisons Act 1933

An Act relating to the control, sale and use of poisons and poisonous substances, and for other purposes

    

Part 1	Preliminary
    
1	Name of Act
This Act is the Poisons Act 1933.
2	Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1	The dictionary at the end of this Act defines certain words and expressions used in this Act, and includes references (signpost definitions) to other words and expressions defined elsewhere in this Act.
	For example, the signpost definition ‘drugs and poisons standard—see the Poisons and Drugs Act 1978, dictionary.’ means that the expression ‘poisons and drugs standard’ is defined in that dictionary and the definition applies to this Act.
Note 2	A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
3	Notes
A note included in this Act is explanatory and is not part of this Act.
Note	See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

3A	Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1	Criminal Code
The Criminal Code, ch 2 applies to the following offence against this Act (see Code, pt 2.1):
·	s 16 (Sale etc of biological preparations and restricted substances).
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2	Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Part 2	Administration
    
4	Application of Act to Territory
	(1)	This Act does not bind the Territory.
	(2)	This section has effect despite the Legislation Act 2001, section 121 (Binding effect of Acts).
5	Licences to sell poisons and other substances
	(1)	The chief health officer may grant to a person who the chief health officer believes on reasonable grounds to be a fit and proper person a licence to sell poisons, poisonous substances, biological preparations or restricted substances.
Note 	A fee may be determined under s 20 (Determination of fees) for this section.
	(2)	Any licence so granted may be limited to apply to the sale of any particular substance or substances and shall be subject to such conditions as are prescribed or as the chief health officer specifies.
	(3)	A licence shall remain in force until revoked by the chief health officer.
	(4)	The chief health officer may, where a licensee has committed any breach of this Act or of the conditions upon which the licence was issued, revoke the licence.
6	Appointment of analysts
The chief executive may appoint a public servant as an analyst for this Act.
Note 1 	For the making of appointments (including acting appointments), see Legislation Act, pt 19.3. 
Note 2	In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see s 207).
7	Evidence of analysis
In proceedings in the Magistrates Court for an offence against this Act, a certificate purporting to be signed by an analyst and to state the results of an analysis of a substance is—
	(a)	to be taken to have been signed by an analyst, unless the contrary is proved; and 
	(b)	is evidence of the matters stated in the certificate.
8	Powers of inspection
For this Act, any authorised person may enter any premises and may demand the production of, and may inspect, any books or documents and any stocks of poisons, poisonous substances, biological preparations, restricted substances and any substance mentioned in the drugs and poisons standard, schedule 4.
9	Calculation of percentages
For this Act, percentages of liquid preparations are to be calculated on the basis that a preparation containing 1% of any preparation is a preparation in which—
	(a)	if the substance is a solid—1g of the substance is contained in every 100ml of the preparation; and
	(b)	if the substance is a liquid—1ml of the substance is contained in every 100ml of the preparation.
10	Declaration of substances by Minister
	(1)	The Minister may, in writing, declare what substances are for this Act—
	(a)	poisons; or
	(b)	poisonous substances; or
	(c)	restricted substances; or
	(d)	substances the sale of which is attended by certain conditions; or
	(e)	biological preparations; or
	(f)	are exempted from this Act, either generally or with limitations as to place and subject matter, and either absolutely or subject to any specified conditions or restrictions;
and may in any such notice define the substances so declared.
Note	The following Acts are also relevant to poisons and drugs:
·	the Drugs of Dependence Act 1989
·	the Poisons and Drugs Act 1978.
	(2)	Without limiting subsection (1), a substance may be declared by applying, with or without modification, provisions of the drugs and poisons standard.
	(3)	A declaration under subsection (1) is a disallowable instrument.
Note 	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

Part 3	General provisions relating to the sale of poisons and poisonous substances
    
11	Sale of poisons and poisonous substances
A person shall not sell any poison or poisonous substance unless the person is—
	(a)	a doctor; or
	(b)	a pharmacist; or
	(c)	a veterinary surgeon; or
	(d)	the holder of a licence authorising him or her to sell the article in question.
Maximum penalty:  100 penalty units, imprisonment for 1 year or both.
12	Hawking poisons and poisonous substances an offence
A person must not in any street or public place or from house to house—
	(a)	sell a poison or poisonous substance; or
	(b)	hawk or peddle a poison or poisonous substance; or
	(c)	distribute a poison or poisonous substance as samples or cause a poison or poisonous substance to be distributed as samples.
Maximum penalty:  100 penalty units, imprisonment for 1 year or both.
13	Pharmacists may manufacture poison and poisonous substances
Subject to this Act, a pharmacist may—
	(a)	manufacture in the ordinary course of his or her retail business any preparation, admixture or extract of any poison or poisonous substance; and
	(b)	carry on the business of retailing, dispensing or compounding any poison or poisonous substance; and
	(c)	supply a poison or poisonous substance to a doctor, dentist or veterinary surgeon.
14	Storage of poisons
Every licensee shall store or keep all poisons under such conditions of storage as are prescribed.
Maximum penalty:  50 penalty units.
15	Sale or supply from vending machines prohibited
	(1)	A person must not—
	(a)	install a vending machine for the sale or supply of a poison or poisonous substance; or
	(b)	sell or supply a poison or poisonous substance using a vending machine.
Maximum penalty:  100 penalty units, imprisonment for 1 year or both.
	(2)	In this section:
vending machine means a machine, or device, operated by a token, money or electronic funds transfer by a member of the public.

Part 4	Biological preparations and restricted substances
    
16	Sale etc of biological preparations and restricted substances
	(1)	A person commits an offence if—
	(a)	the person sells or otherwise supplies to, or dispenses for, someone else a biological preparation or restricted substance; and
	(b)	the other person is not an eligible receiver; and
	(c)	the person is reckless about whether the other person is an eligible receiver.
Maximum penalty:  100 penalty units, imprisonment for 1 year or both.
	(2)	A person commits an offence if—
	(a)	the person sells or otherwise supplies a biological preparation or restricted substance; and
	(b)	the person is not—
	(i)	a doctor; or
	(ii)	an authorised nurse practitioner; or
	(iii)	a dentist; or
	(iv)	a pharmacist; or
	(v)	a veterinary surgeon; or
	(vi)	the holder of a licence to sell or otherwise supply the preparation or substance; or
	(vii)	a public employee who is authorised in writing by the Minister for this section.
Maximum penalty:  100 penalty units, imprisonment for 1 year or both.
	(3)	Subsections (1) and (2) do not apply in relation to the sale or supply of a restricted substance to, or the dispensing of a restricted substance for, a person (or someone else for whom the person is acting) if—
	(a)	the substance is a designated restricted substance under section 16A (Supply of certain restricted substances by pharmacists in emergencies); and
	(b)	the person is a person to whom section 16A applies; and 
	(c)	the sale, supply or dispensing is in accordance with that section.
	(4)	Absolute liability applies to subsection (2) (b) (i) to (v).
	(5)	Strict liability applies to subsection (2) (b) (vi) and (vii).
	(6)	In this section:
authorised nurse practitioner means a nurse practitioner who is the occupant of a nurse practitioner position acting within the scope of practice for the position, if the scope of practice for the position includes prescribing stated biological preparations or restricted substances (however described).
eligible receiver, in relation to a biological preparation or restricted substance, means—
	(a)	a doctor; or
	(b)	an authorised nurse practitioner; or
	(c)	a dentist; or
	(d)	a pharmacist; or
	(e)	a veterinary surgeon; or
	(f)	the holder of a licence to sell the preparation or substance; or
	(g)	a public employee who is authorised in writing by the Minister for this section; or
	(h)	a person who presents a prescription authorising the supply of the preparation or substance to the person or someone else for whom the person is acting.
nurse practitioner position—see the Health Act 1993, section 37B (2).
prescription means a prescription, given by a doctor, authorised nurse practitioner, dentist or veterinary surgeon, that complies with the regulations.
scope of practice—see the Health Act 1993, section 37B (2).
16A	Supply of certain restricted substances by pharmacists in emergencies
	(1)	This section applies if a pharmacist is satisfied that—
	(a)	a person is undergoing treatment essential to the person’s health or well being; and
	(b)	a designated restricted substance has previously been prescribed for the treatment by a doctor or dentist; and
	(c)	the person is in immediate need of the substance for continuation of the treatment; and
	(d)	because of an emergency affecting the person, it is not practicable for the person to obtain a prescription for the substance from a doctor or dentist.
	(2)	The pharmacist may supply the designated restricted substance to the person if— 
	(a)	the quantity supplied is not more than that required for 3 days treatment; or
	(b)	if the kind of substance supplied is a liquid, aerosol, cream, ointment or anovulant tablet that is contained in a standard pack—the standard pack is the smallest standard pack in which that kind of liquid, aerosol, cream, ointment or anovulant tablet is generally available.
	(3)	In this section:
designated restricted substance means a restricted substance that is not—
	(a)	an anabolic steroid; or
	(b)	a benzodiazepine; or
	(c)	a restricted substance prescribed under the regulations for this definition.
supply includes sell and dispense.

Part 5	Miscellaneous
    
17	Offences in relation to the sale of poisons etc
	(1)	A person must not sell a poison or poisonous substance, or a preparation containing a poison or poisonous substance, in contravention of this Act.
Maximum penalty:  100 penalty units, imprisonment for 1 year or both.
	(2)	A person must not sell a poison or poisonous substance without having made the entries required by this Act.
Maximum penalty:  10 penalty units.
	(3)	A person must not sell a poison or poisonous substance without having obtained the signatures required by this Act.
Maximum penalty:  5 penalty units.
	(4)	A person must not buy a poison or poisonous substance and give false information to the seller about the matters the seller is entitled or required by this Act to inquire into.
Maximum penalty:  10 penalty units.
	(5)	A person must not sign his or her name as a witness to the sale of poison to a person unknown to him or her.
Maximum penalty:  10 penalty units.
	(6)	A person must not, without reasonable excuse, fail to produce a book, document or material in stock if required so to do by an authorised person under this Act.
Maximum penalty:  50 penalty units.
18	Maximum penalty where offence is due to inadvertence
A person shall not, on conviction for any offence against this Act relating to—
	(a)	the keeping of books; or
	(b)	the issuing or dispensing of prescriptions;
be sentenced to imprisonment or to pay a penalty of more than 10 penalty units if the court dealing with the case is satisfied that the offence was committed through inadvertence and was not preparatory to, or committed in the course of, or in connection with, the commission or intended commission of any other offence.
19	Averment of prosecution
In every prosecution for an offence against this Act the averment of the prosecutor contained in the information shall, in the absence of proof to the contrary, be taken to be proved.
19A	Extended meaning of possession
For this Act, a person is taken to be in possession of a substance if the substance is in or on land or premises occupied, used or controlled by the person, unless the person establishes that the person had no knowledge of the substance being in or on land or premises occupied by the person.
20	Determination of fees
	(1)	The Minister may, in writing, determine fees for this Act.
Note 	The Legislation Act contains provisions about the making of determinations and regulations relating to fees (see pt 6.3).
	(2)	A determination is a disallowable instrument.
Note 	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
20A	Approved forms
	(1)	The Minister may, in writing, approve forms for this Act.
	(2)	If the Minister approves a form for a particular purpose, the approved form must be used for that purpose.
Note	For other provisions about forms, see Legislation Act, s 255.
	(3)	An approved form is a notifiable instrument.
Note 	A notifiable instrument must be notified under the Legislation Act.
21	Appointment of authorised people
The Minister may appoint a public servant as an authorised person for this Act.
Note 1 	For the making of appointments (including acting appointments), see Legislation Act, pt 19.3. 
Note 2	In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see s 207).
22	Regulation-making power
	(1)	The Executive may make regulations for this Act.
Note 	Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act.
	(2)	The regulations may make provision in relation to the following matters:
	(a)	the manufacture, storage and safe custody of poisons and poisonous substances;
	(b)	the colouring of any poison or poisonous substance;
	(c)	the shape, size, materials and labelling of the containers or packages in which any poisons or poisonous substances may be sold;
	(d)	the printing on packages, in which any poison is enclosed, contained, or packed for sale, of the name of an effective remedy to counteract the effects of the poison;
	(e)	the inspection by police officers or authorised persons of books and other documents;
	(f)	the issue of licences;
	(g)	the prohibition of the manufacture of any poison or poisonous substance, except on premises licensed for the purpose or by pharmacists on their premises;
	(h)	the prohibition of the manufacture or distribution of any poison or poisonous substance except by doctors, pharmacists, veterinary surgeons, persons holding licences for that purpose or persons authorised under section 16;
	(i)	the issue of prescriptions;
	(j)	the keeping of records and furnishing of information either in writing or otherwise by persons engaged in the manufacture, sale or distribution of any poison or poisonous substance;
	(k)	the control of the sale of methylated spirit.
	(3)	The regulations may also prescribe offences for contraventions of the regulations and prescribe maximum penalties of not more than 10 penalty units for offences against the regulations. 
 U 	23	References to podiatrist in DI2004‑8

Dictionary
(see s 2)
Note 1	The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2	In particular, the Legislation Act, dict, pt 1, defines the following terms:
·	exercise
·	function
·	penalty unit (see also s 133)
·	public employee.
analyst means an analyst appointed under section 6.
authorised person means a person appointed under section 21.
biological preparation means a substance declared to be a biological preparation under section 10 (Declaration of substances by Minister).
drugs and poisons standard—see the Poisons and Drugs Act 1978, dictionary. 
licence means a licence under this Act.
poison means a substance (other than a substance that is a poison under the Poisons and Drugs Act 1978) the introduction of which into the body of a person by any route involves the risk of death to the person, and includes a substance declared to be a poison under section 10.
Note	The following Acts are also relevant to poisons and drugs:
·	the Drugs of Dependence Act 1989
·	the Poisons and Drugs Act 1978.
poisonous substance means a substance (other than a substance that is a poison under the Poisons and Drugs Act 1978) the introduction of which into the body of a person by any route involves the risk of material departure from the normal health of the person, and includes a substance that is declared to be a poisonous substance under section 10. 
possession—see section 19A (Extended meaning of possession).
Note	For a general defence to possession, see s 19A.
restricted substance means a substance declared to be a restricted substance under section 10.
sell includes—
	(a)	offer for sale; and
	(b)	expose for sale; and
	(c)	barter (or offer or expose for barter); and
	(d)	exchange (or offer or expose for exchange); and
	(e)	supply for value (or offer or expose to supply for value); and
	(f)	supply for free (or offer or expose to supply for free) to gain or maintain custom, or otherwise for commercial gain; and
	(g)	have in possession for sale.

Endnotes
1	About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
2	Abbreviation key

am = amended	ord = ordinance	
amdt = amendment	orig = original	
ch = chapter	par = paragraph/subparagraph	
cl = clause	pres = present	
def = definition	prev = previous	
dict = dictionary	(prev...) = previously	
disallowed = disallowed by the Legislative 	pt = part	
Assembly	r = rule/subrule	
div = division	reg = regulation/subregulation	
exp = expires/expired	renum = renumbered	
Gaz = Gazette	reloc = relocated	
hdg = heading	R[X] = Republication No	
IA = Interpretation Act 1967	RI = reissue	
ins = inserted/added	s = section/subsection	
LA = Legislation Act 2001	sch = schedule	
LR = legislation register	sdiv = subdivision	
LRA = Legislation (Republication) Act 1996	sub = substituted	
mod = modified/modification	SL = Subordinate Law	
o = order	underlining = whole or part not commenced	
om = omitted/repealed	or to be expired	

3	Legislation history
This Act was originally a Commonwealth ordinance—the Poisons and Dangerous Drugs Ordinance 1933 No 37 (Cwlth).
It was renamed as the Poisons Ordinance 1933 by the Poisons (Amendment) Ordinance 1989, s 5.
This Act was renamed the Poisons Ordinance 1933 by the Poisons (Amendment) Ordinance 1989 No 12, s 5.
The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4) converted most former Commonwealth ordinances in force in the ACT into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. This Act was converted into an ACT enactment on 11 May 1989 (self-government day).
As with most ordinances in force in the ACT, the name was changed from Ordinance to Act by the Self-Government (Citation of Laws) Act 1989 No 21, s 5 on 11 May 1989 (self-government day).
Before 11 May 1989, ordinances commenced on their notification day unless otherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12).
	Legislation before becoming Territory enactment
Poisons Act 1933 No 37
notified 21 December 1933
commenced 1 January 1934 (s 2 and Cwlth Gaz 1933 p 1926)
as amended by
Poisons and Dangerous Drugs Ordinance 1936 No 24
notified 25 June 1936
commenced 25 June 1936
Ordinances Revision Ordinance 1938 No 35
notified 15 December 1938
commenced 15 December 1938
Poisons and Dangerous Drugs Ordinance 1954 No 13
notified 10 June 1954
commenced 10 June 1954
Poisons and Dangerous Drugs Ordinance 1963 No 1 sch 2
notified 14 March 1963
commenced 14 March 1963
Ordinances Revision (Decimal Currency) Ordinance 1966 No 19
notified 23 December 1966
commenced 23 December 1966
Poisons and Dangerous Drugs Ordinance 1967 No 32
notified 29 September 1967
commenced 29 September 1967
Ordinances Revision (Health Commission) Ordinance 1975 No 17
notified 1 July 1975
commenced 1 July 1957
Poisons and Dangerous Drugs Ordinance 1976 No 36
notified 27 August 1976
commenced 27 August 1976
Poisons and Dangerous Drugs (Amendment) Ordinance 1978 No 9
notified 16 March 1978
commenced 16 March 1978
Poisons and Dangerous Drugs (Amendment) Ordinance (No 2) 1978 No 39
notified 19 December 1978
commenced 29 December 1978 (s 3 and Cwlth Gaz 1978 No S290)
Ordinances Revision Ordinance 1978 No 46
notified 28 December 1978
commenced 28 December 1978
Poisons and Dangerous Drugs (Amendment) Ordinance 1981 No 20
notified 28 August 1981
commenced 28 August 1981
Poisons and Dangerous Drugs (Amendment) Ordinance 1982 No 46
notified 30 June 1982
commenced 30 June 1982
Magistrates Court Ordinance 1985 No 67 sch pt 1
notified 19 December 1985
commenced 1 February 1986 (s 2 and Cwlth Gaz 1986 No G3)
Community and Health Services (Consequential Provisions) Ordinance 1988 No 29 sch
notified 30 June 1988
commenced 2 July 1988 (s 2)
Poisons (Amendment) Ordinance 1989 No 12
notified 15 March 1989
commenced 1 April 1989 (s 2 and Cwlth Gaz 1989 No S109)
Self-Government (Consequential Amendments) Ordinance 1989 No 38 sch 1
notified 10 May 1989 (Cwlth Gaz 1989 No S160)
s 1, s 2 commenced 10 May 1989 (s 2 (1))
sch 1 commenced 11 May 1989 (s 2 (2) and see Cwlth Gaz 1989 No S164)
	Legislation after becoming Territory enactment
Health Services (Consequential Provisions) Act 1990 No 63 sch 1
notified 28 December 1990 (Gaz 1990 No S102)
s 1, s 2 commenced 28 December 1990 (s 2 (1))
sch 1 commenced 31 January 1991 (s 2 (2) and see Gaz 1991 No S4)
Poisons (Amendment) Act 1993 No 9
notified 1 March 1993
ss 1-3 commenced 1 March 1993
remainder commenced 31 March 1993 (s 2 (2) and Gaz 1993 No S53)
Health (Consequential Provisions) Act 1993 No 14 sch 1
notified 1 March 1993 (Gaz 1993 No S23)
commenced 1 March 1993 (s 2)
Public Sector Management (Consequential and Transitional Provisions) Act 1994 No 38 sch 1 pt 64
notified 30 June 1994 (Gaz 1994 No S121)
s 1, s 2 commenced 30 June 1994 (s 2 (1))
sch 1 pt 64 commenced 1 July 1994 (s 2 (2) and Gaz 1994 No S142)
Statutory Offices (Miscellaneous Provisions) Act 1994 No 97 sch pt 1
notified 15 December 1994 (Gaz 1994 No S280)
s 1, s 2 commenced 15 December 1994 (s 2 (1))
sch pt 1 commenced 15 December 1994 (s 2 (2) and Gaz 1994 No S293)
Public Health (Miscellaneous Provisions) Act 1997 No 70 sch 1
notified 9 October 1997 (Gaz 1997 No S300)
ss 1-3 commenced 9 October 1997 (s 2 (1))
sch 1 commenced 13 August 1998 (s 2 (2) and Gaz 1998 No S185)
Statute Law Revision (Penalties) Act 1998 No 54 sch
notified 27 November 1998 (Gaz 1998 No S207)
s 1, s 2 commenced 27 November 1998 (s 2 (1))
sch commenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49)
Health and Community Care Legislation Amendment Act 2000 No 28 pt 2 and sch 1
notified 30 June 2000 (Gaz 2000 No S30)
s 1, s 2 commenced 30 June 2000 (IA s 10B)
pt 2 and sch 1 commenced 1 July 2000 (s 2)
Legislation (Consequential Amendments) Act 2001 No 44 pt 287
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 287 commenced 12 September 2001 (s 2 and see Gaz see 2001 No S65)
Statute Law Amendment Act 2002 (No 2) No 49 pt 3.13
notified LR 20 December 2002
s 1, s 2 commenced 20 December 2002 (LA s 75 (1))
pt 3.13 commenced 31 December 2002 (s 2 (2))
Nurse Practitioners Legislation Amendment Act 2004 A2004-10 pt 6
notified LR 19 March 2004
s 1, s 2 commenced 19 March 2004 (LA s 75 (1))
pt 6 commenced 27 May 2004 (s 2 and CN2004-9)
Criminal Code (Theft, Fraud, Bribery and Related Offences) Amendment Act 2004 A2004-15 sch 2 pt 2.68
notified LR 26 March 2004
s 1, s 2 commenced 26 March 2004 (LA s 75 (1))
sch 2 pt 2.68 commenced 9 April 2004 (s 2 (1))
Health Professionals Legislation Amendment Act 2004 A2004-39 pt 10.1
notified LR 8 July 2004
s 1, s 2 commenced 8 July 2004 (LA s 75 (1))
remainder awaiting commencement (s 2 and see Health Professionals Act 2004 A2004-38, s 2)
Note	default commencement under s 2: 8 July 2005
Statute Law Amendment Act 2004 A2004-42 sch 1 pt 1.5
notified LR 11 August 2004
s 1, s 2 commenced 11 August 2004 (LA s 75 (1))
sch 1 pt 1.5 commenced 25 August 2004 (s 2 (2))
4	Amendment history
Title
title	am 1989 No 12 s 4
Name of Act
s 1	am 1989 No 12 s 5
	sub 2000 No 28 s 3 sch 1
Dictionary
s 2	orig s 2 om 2000 No 28 s 3 sch 1
	(prev s 5 (1)) am 1967 No 32 s 5; 1978 No 39; 1993 No 9 sch; 2000 No 28 sch 1 
	renum 2000 No 28 s 3 sch 1
	am 2001 No 44 amdt 1.3216, amdt 1.3217
	sub 2002 No 49 amdt 3.100
	def analyst ins 1994 No 97 sch 1
	om 2002 No 49 amdt 3.100
	def authorised person am 1975 No 17 s 15; 1990 No 63 sch 1; 1993 No 14 sch 1
	sub 2000 No 28 sch 1
	om 2002 No 49 amdt 3.100
	def biological preparation ins 1989 No 12 s 6
	om 2002 No 49 amdt 3.100
	def board ins1990 No 63 sch 1
	om 1993 No 14 sch 1
	def chief health officer ins 1997 No 70 sch 1
	om 2000 No 28 sch 1
	def coca leaves om 1978 No 39 s 4
	om 2002 No 49 amdt 3.100
	def commissioner ins 1975 No 17 s 15
`	om 1988 No 29 sch
	def container om 1993 No 9 s 4
	om 2002 No 49 amdt 3.100
	def crude cocaine om 1978 No 39 s 4
	om 2002 No 49 amdt 3.100
	def determined fee ins 1989 No 12 s 6
	om 2001 No 44 amdt 1.3218
	def director-general om 1978 No 39 s 4
	om 2002 No 49 amdt 3.100
	def drugs and poisons standard ins 2000 No 28 s 4
	om 2002 No 49 amdt 3.100
	def general manager ins 1988 No 29 sch
	om 1990 No 63 sch 1
	def Indian hemp om 1978 No 39 s 4
	om 2002 No 49 amdt 3.100
	def label om 1978 No 39 s 4
	om 2002 No 49 amdt 3.100
	def manufacture om 1989 No 12 s 6
	om 2002 No 49 amdt 3.100
	def medical officer of health ins 1990 No 63 sch 1
	om 1997 No 70 sch 1
	def medicinal opium om 1978 No 39 s 4
	om 2002 No 49 amdt 3.100
	def methylated spirit om 1993 No 9 s 4
	om 2002 No 49 amdt 3.100
	def narcotic drug om 1989 No 12 s 6
	om 2002 No 49 amdt 3.100
	def package om 1978 No 39 s 4
	om 2002 No 49 amdt 3.100
	def poison am 1993 No 9 s 4
	sub 2000 No 28 sch 1
	om 2002 No 49 amdt 3.100
	def poisonous substance am 1993 No 9 s 4
	sub 2000 No 28 sch 1
	om 2002 No 49 amdt 3.100
	def poisons register om 1993 No 9 s 4
	om 2002 No 49 amdt 3.100
	def prepared opium om 1978 No 39 s 4
	om 2002 No 49 amdt 3.100
	def raw opium om 1978 No 39 s 4
	om 2002 No 49 amdt 3.100
	def registered dentist om 2000 No 28 sch 1
	om 2002 No 49 amdt 3.100
	def registered medical practitioner om 2000 No 28 sch 1
	om 2002 No 49 amdt 3.100
	def registered pharmacist om 2000 No 28 sch 1
	om 2002 No 49 amdt 3.100
	def registered veterinary surgeon om 2000 No 28 sch 1
	om 2002 No 49 amdt 3.100
	def restricted substance ins 1978 No 39 s 4
	am 1989 No 12 s 6
	om 2002 No 49 amdt 3.100
	def sell ins 2000 No 28 sch 1
	om 2002 No 49 amdt 3.100
	def sells om 2000 No 28 sch 1
	om 2002 No 49 amdt 3.100
	def service ins 1988 No 29 sch
	om 1990 No 63 sch 1
	def this Act  om 2001 No 44 amdt 1.3218
	om 2002 No 49 amdt 3.100
	def the board om 1974 No 17 s 15
	om 2002 No 49 amdt 3.100
	def the director ins 1967 No 32 s 5
	om 1975 No 17 s 15
	def the Minister om 1978 No 46 sch 
	om 2002 No 49 amdt 3.100
Notes
s 3 hdg	ins 2000 No 28 s 3 sch 1
s 3	orig s 3 om 2000 No 28 s 3 sch 1
	(prev s 5 (2)) renum 2000 No 28 s 3 sch 1
	sub 2002 No 49 amdt 3.100
Offences against Act—application of Criminal Code etc
s 3A	ins A2004-10 s 15
Application of Act to Territory
s 4	orig s 4 am 1963 No 1 s 3; 1967 No 32 s 2
	om 1976 No 36 s 2
	(prev s 7) am 1938 No 35 sch 2; 1967 No 32 s 4; 1975 No 17 s 15; 1988 No 29 sch; 1990 No 63 sch 1; 1993 No 9 sch
	sub 1993 No 14 sch 1
	renum R6 LRA (see 2000 No 28 s 3 sch 1)
	sub 2002 No 49 amdt 3.101
Licences to sell poisons and other substances 
s 5	(prev s 8) am 1975 No 17 s 15; 1978 No 39 s 4; 1982 No 46; 1988 No 29 sch; 1989 No 12 s 7; 1990 No 63 sch 1; 1993 No 14 sch 1; 1997 No 70 sch 1
	renum R6 LRA (see 2000 No 28 s 3 sch 1)
	am 2001 No 44 amdt 1.3219, amdt 1.3220
Appointment of analysts
s 6	orig s 6 am 1975 No 17 sch 1
	om 1988 No 29 sch
	(prev s 9) am 1936 No 24
	sub 1978 No 39 s 5
	am 1985 No 67 sch pt 1
	sub 1994 No 97 sch 1
	am 2000 No 28 s 3 sch 1
	renum R6 LRA (see 2000 No 28 s 3 sch 1)
	sub 2002 No 49 amdt 3.102
Evidence of analysis
s 7	(prev s 9A) ins 1994 No 97 sch 1
	renum R6 LRA (see 2000 No 28 s 3 sch 1)
Powers of inspection
s 8	(prev s 10) am 1967 No 32 s 5; 1978 No 39 sch; 1981 No 20; 1989 No 12 s 8
	renum R6 LRA (see 2000 No 28 s 3 sch 1)
	am 2002 No 49 amdt 3.103
Calculation of percentages
s 9	(prev s 11) sub 2000 No 28 s 3 sch 1
	renum R6 LRA (see 2000 No 28 s 3 sch 1)
Declaration of substances by Minister
s 10	(prev s 12) am 1989 No 12 s 9; 1989 No 38 sch 1; 2000 No 28 s 5
	renum R6 LRA (see 2000 No 28 s 3 sch 1)
	am 2001 No 44 amdt 1.3221, amdt 1.3222; 2002 No 49 amdt 3.104
General provisions relating to the sale of poisons and poisonous substances
pt 3 hdg	am 1989 No 12 s 10
Sale of poisons and poisonous substances
s 11	(prev s 13) am 1978 No 39 sch; 1993 No 9 sch; 1998 No 54 sch; 2000 No 28 s 3 sch 1
	renum R6 LRA (see 2000 No 28 s 3 sch 1)
	am 2002 No 49 amdt 3.105
Hawking poisons and poisonous substances an offence
s 12	(prev s 14) am 1996 No 19 sch 1; 1978 No 39 sch; 1998 No 54 sch
	sub 2000 No 28 s 3 sch 1
	renum R6 LRA (see 2000 No 28 s 3 sch 1)
Pharmacists may manufacture poison and poisonous substances
s 13	(prev s 16) am 1978 No 39 sch; 1993 No 9 sch; 2000 No 28 s 3 sch 1
	renum R6 LRA (see 2000 No 28 s 3 sch 1)
Storage of poisons
s 14	(prev s 17) am 1989 No 12 s 11; 1998 No 54 sch; 2000 No 28 s 3 sch 1
	renum R6 LRA (see 2000 No 28 s 3 sch 1)
Sale or supply from vending machines prohibited
s 15	orig s 15 om 1978 No 39 s 7
	(prev s 19) am 1978 No 39 sch; 1998 No 54 sch
	sub 2000 No 28 s 3 sch 1
	renum R6 LRA (see 2000 No 28 s 3 sch 1)
	sub 2002 No 49 amdt 3.106
Biological preparations and restricted substances
pt 4 hdg	orig pt 4 om 1993 No 9 s 5
	prev hdg pt 7 ins 1963 No 1
	renum R6 LRA (see 2000 No 28 s 3 sch 1)
Sale etc of biological preparations and restricted substances
s 16	(prev s 40) sub 1963 No 1; 1989 No 12 s 13
	am 1990 No 63 sch 1; 1993 No 14 sch 1; 1994 No 38 sch 1 pt 64; 1998 No 54 sch; 2000 No 28 s 3 sch 1
	renum R6 LRA (see 2000 No 28 s 3 sch 1)
	sub A2004-10 s 16
	am A2004-42 amdt 1.13; ss renum R10 LA (see A2004-42 amdt 1.14)
Supply of certain restricted substances by pharmacists in emergencies
s 16A	ins A2004-42 amdt 1.15
Miscellaneous
pt 5 hdg	(orig pt 5) om 1989 No 12 s 12
	(prev pt 8) renum R6 LRA (see 2000 No 28 s 3 sch 1)
Offences in relation to the sale of poisons etc
s 17	(prev s 43) am 1978 No 39 sch; 1993 No 9 sch; 1998 No 54 sch
	sub 2000 No 28 s 3 sch 1
	renum R6 LRA (see 2000 No 28 s 3 sch 1)
	am A2004-15 amdt 2.145
Maximum penalty where offence is due to inadvertence
s 18	orig s 18 am 1978 No 39 sch
	om 1993 No 9 s 5
	(prev s 45) am 1996 No 19 sch 1; 1998 No 54 sch; 2000 No 28 s 3 sch 1
	renum R6 LRA (see 2000 No 28 s 3 sch 1)
	am A2004-10 s 17
Averment of prosecution
s 19	(prev s 52) renum R6 LRA (see 2000 No 28 s 3 sch 1)
	am 2002 No 49 amdt 3.107
Extended meaning of possession
s 19A	ins 2002 No 49 amdt 3.108
Power of Minister to determine fees
s 20	orig s 20 om 1978 No 39 s 7
	(prev s 53A) ins 1989 No 12 s 14
	am 2000 No 28 s 3 sch 1
	renum R6 LRA (see 2000 No 28 s 3 sch 1)
	sub 2001 No 44 amdt 1.3223
Approved forms
s 20A	ins 2001 No 44 amdt 1.3223
	am 2002 No 49 amdt 3.109
Appointment of authorised people
s 21	orig s 21 om 1993 No 9 s 5
	(prev s 53B) ins 2000 No 28 s 3 sch 1
	renum R6 LRA (see 2000 No 28 s 3 sch 1)
	sub 2002 No 49 amdt 3.110
Regulation-making power
s 22 hdg	(prev s 54 hdg) sub 2000 No 28 s 3 sch 1
s 22	(prev s 54) am 1966 No 19 sch 1; 1989 No 12 s 15; 1998 No 54 sch; 2000 No 28 s 3 sch 1
	renum R6 LRA (see 2000 No 28 s 3 sch 1)
	am 2001 No 44 amdts 1.3224-1.3228; A2004-10 s 18
References to podiatrist in DI2004‑8
s 23	om 1993 No 9 s 4
	ins A2004-39 amdt 10.1
	exp on the day the Health Professionals Act 2004 s 136 expires (s 23)
Sale by post
s 24	om 1993 No 9 s 4
Sales to registered medical practitioners etc
s 25	om 1993 No 9 s 4
Arsenic and strychnine
s 26	am 1976 No 36 s 3
	om 1993 No 9 s 4
Non-application of this part to medical prescriptions etc
s 27	am 1978 No 39 sch
	om 1993 No 9 s 4
Application of part to wholesalers
s 28	om 1993 No 9 s 4
Permits to manufacture narcotic drugs
s 29	am 1966 No 19 sch 1; 1975 No 17 sch 1; 1988 No 29 sch 
	om 1989 No 12 s 12
Smoking opium, an offence 
s 30	om 1978 No 39 s 7
Possession of opium, an offence 
s 31	om 1978 No 39 s 7
Entries to be made in narcotic drugs register 
s 32	om 1978 No 39 s7
Premises may be searched
s 33	am 1975 No 17 sch
	om 1978 No 39 s 7
Forfeiture of drugs seized 
s 34	om 1978 No 39 s 7
Possession of narcotic drugs 
s 35	om 1978 No 39 s 7
Forging medical prescription an offence 
s 36	om 1978 No 39 s 7
Obtaining narcotic drugs by fraud 
s 37	om 1978 No 39 s 7
s 38	om 1978 No 39 s 7
Poisonous substances
s 39	am 1978 No 39 sch; 1993 No 9 sch 
	om 1998 No 54 sch
Declaration of restricted substances
s 40A	ins 1954 No 13
	sub 1963 No 1 s 3
	om 1989 No 12 s 13
Restrictions on supply of biological preparations etc
s 40B	ins 1963 No 1 s 3
	am 1966 No 19 sch 1; 1975 No 17 s 15; 1978 No 9 s 2; 1988 No 29 sch
	om 1989 No 12 s 13
Supply of biological preparations and restricted substances to be made only be certain persons
s 40C	ins 1963 No 1 s 3
	am 1966 No 19 sch 1; 1975 No 17 s 15; 1988 No 29 sch
	om 1989 No 12 s 13
Hallucinogenic Substances
pt 7A hdg 	ins 1967 No 32
	om 1978 No 39 s 7
Prohibition of manufacture etc of hallucinogenic substances
s 40D	ins 1967 No 32
	am 1975 No 17 sch 1
	om 1978 No 39 s 7
Authorities
s 40E	ins 1967 No 32
	am 1975 No 17 sch 1
	om 1978 No 39 s 7
Drinking methylated spirit an offence
s 41	om 1993 No 9 s 5
Selling methylated spirit for drinking purposes
s 42	om 1993 No 9 s 5
Containers to be used for medicines, etc
s 44	om 1978 No 39
Penalties for offences in relation to narcotic drugs
s 46	am 1966 No 19 sch 1; 1967 No 32 s 7
	om 1978 No 39
Offences by companies
s 47	am 1967 No 32 s 8
	om 1978 No 39
Burden of proof
s 48	am 1993 No 9 sch
	om 2000 No 28 s 3 sch 1
Forgery of documents signatures, etc
s 49	am 1998 No 54 sch
	om 2000 No 28 s 3 sch 1
Bribery etc of officers
s 50	am 1966 No 19 sch 1; 1993 No 9 sch; 1998 No 54 sch
	om 2000 No 28 s 3 sch 1
Aiding and abetting
s 51	om 2000 No 28 s 3 sch 1
Penalty for offences for which no penalty prescribed
s 53	am 1966 No 19 sch 1; 1967 No 32 s 9; 1978 No 39 s 7
	om 1998 No 54 sch
Schedule
sch	ins 1967 No 32 s 10
	om 1978 No 39 s 7
Dictionary
dict	ins 2002 No 49 amdt 3.111
	def analyst ins 2002 No 49 amdt 3.111
	def authorised person ins 2002 No 49 amdt 3.111
	def biological preparation ins 2002 No 49 amdt 3.111
	def drugs and poisons standard ins 2002 No 49 amdt 3.111
	def licence ins 2002 No 49 amdt 3.111
	def poison ins 2002 No 49 amdt 3.111
	def poisonous substance ins 2002 No 49 amdt 3.111
	def possession ins 2002 No 49 amdt 3.111
	def restricted substance ins 2002 No 49 amdt 3.111
	def sell ins 2002 No 49 amdt 3.111
5	Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.  
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Except for the footer, electronic and printed versions of an authorised republication are identical. 

Republication No	Amendments to	Republication date	
1	Act 1990 No 63	28 February 1991	
2	Act 1993 N0 14	30 April 1993	
3	Act 1994 No 97	30 November 1996	
4	Act 1998 No 54	1 March 1999	
5	Act 2000 No 28	14 August 2000	
6	Act 2001 No 44	6 December 2001	
7	A2002-49	31 December 2002	
8	A2004-15	9 April 2004	
9	A2004-15	27 May 2004	
6	Renumbered provisions
This Act was renumbered under the Legislation (Republication) Act 1996, in R5 (see 2000 No 28).  Details of renumbered provisions are shown in endnote 4 (Amendment history).  For a table showing the renumbered provisions, see R6
7	Uncommenced amendments
The following amendments have not been included in this republication because they were uncommenced at the republication date:
	Health Professionals Legislation Amendment Act 2004 A2004-39 sch 10 pt 10.1
Part 10.1	Poisons Act 1933
[10.1]	New section 23
insert
23	References to podiatrist in DI2004‑8
	(1)	This section applies to the Poisons (Fees) Determination 2004 (No 1) DI2004-8.
	(2)	A reference in the determination to a registered podiatrist under the Podiatrist Act 1994 is taken to be a reference to a person registered as a podiatrist under the Health Professionals Act 2004.
	(3)	This section expires on the day the Health Professionals Act 2004, section 136 (Repeals) expires.

©  Australian Capital Territory 2004