Australian Capital Territory

Poisons and Drugs Act 1978     No 38
Republication No 3A
As in force on 8 September 2000
Includes all amendments up to Act 2000 No 43 

Prepared by the ACT Parliamentary Counsel’s Office
This republication is not an authorised republication for the Legislation (Republication) Act 1996.
As in force on
8 September 2000

Australian Capital Territory

Poisons and Drugs Act 1978
CONTENTS
	Page 

	

As in force on
8 September 2000

Australian Capital Territory

Poisons and Drugs Act 1978
An Act relating to poisons and drugs
Part 1—Preliminary
1 	Name of Act
 	This Act is the Poisons and Drugs Act 1978.
2 	Definitions for Act
	In this Act:
Note  A definition applies except so far as the contrary intention appears (see Interpretation Act 1967, s 11G). 
analyst means a person holding office by virtue of an appointment under section 43.
approving officer means a person who is authorised by a recognised institution to—
	(a)	approve a program; or
	(b)	request the cancellation of an authorisation; or
	(c)	support an application for renewal;
on its behalf.
authorisation means an authorisation granted under section 26.
authorised person means the holder of an authorisation.
current poisons standard means the document last prepared under paragraph 52D (2) (b) of the Therapeutic Goods Act 1989 (Cwlth) that has come into effect, and includes any amendment of that document under paragraph 52D (2) (a) of that Act that has come into effect. 
determined fee means the fee determined by the Minister under section 47 for the purposes of the provision in which the expression occurs.
drugs and poisons standard means the current poisons standard, and includes any modification by the Minister under section 46.
licence means a manufacturer’s or vendor’s licence granted under section 14.
licensee means a person who has been granted a licence that has not been cancelled.
manufacture, in relation to a scheduled substance, means—
	(a)	carry out any process by which it is obtained; or
	(b)	refine it; or
	(c)	transform it into another scheduled substance; or
	(d)	mix or compound it; or
	(e)	pack or repack it for the purpose of sale or for use in connection with a profession, trade, business or industry.
poison means a Schedule 7 substance.
Poisons register means a poisons register kept under section 22.
program means a program of research or education conducted under the supervision of a recognised institution.
recognised institution means—
	(a)	the Commonwealth Scientific and Industrial Research Organisation; or
	(b)	a prescribed institution.
relevant offence means—
	(a)	 an offence against this Act; or
	(b)	 an offence, whether within or without Australia—
	(i)	relating to a scheduled substance; or
	(ii)	punishable on conviction by a fine of not less than 100 penalty units or $10,000 (or, if without Australia, a fine equivalent to that amount at the time of conviction) or by imprisonment for a period of not less than 1 year.
sell includes offer or expose for sale.
scheduled substance—see subsection 3 (1). 
specified poison means—
	(a)	in relation to an authorised person—a poison specified in his or her authorisation under paragraph 26 (4) (b); or
	(b)	in relation to a licensee—a poison specified in his or her licence under paragraph 14 (3) (b).
specified premises, in relation to a licence, means any premises the address of which is specified in the licence pursuant to paragraph 14 (3) (c).
supply includes sell and sale.
trial protocol, in relation to a program of research, means a written statement describing—
	(a)	its aims; and
	(b)	the proposed means of conducting it; and
	(c)	the proposed method of analysis of its results.
3	Scheduled substances
(1) 	A scheduled substance is a substance mentioned in a schedule to the drugs and poisons standard.
(2) 	For this Act, a scheduled substance that is defined in Part 1 of the drugs and poisons standard has the meaning given in that Part.
(3) 	In this Act, a reference that consists of a reference to a schedule followed immediately by the word ‘substance’ is a reference to a substance mentioned in that schedule to the drugs and poisons standard.

Part 2—Restricted Substances
4	Meaning of specialist in pt 2
	In this Part:
specialist means a doctor who is recognised as a consultant physician or specialist in accordance with section 61 of the Health Insurance Act 1973 (Cwlth).
5 	Substances to which pt 2 applies
	This Part applies to prescribed restricted substances.
6	Unauthorised prescribing or supplying
	A doctor shall not supply to, or prescribe for, a person a substance to which this Part applies unless the doctor is authorised by the chief health officer, pursuant to section 8, to supply or prescribe that substance.
Maximum penalty:  100 penalty units, imprisonment for 1 year or both.
7	Application for authorisation
(1) 	A specialist may apply to the chief health officer for authorisation to supply or prescribe a substance to which this Part applies.
(2) 	An application under subsection (1) shall—
	(a)	be in writing signed by the specialist making the application; and
	(b)	state—
	(i)	the name of the applicant and the address, or an address, at which the applicant carries on the practice of his or her profession; and
	(ii)	the name of the substance or substances to which the application relates; and
	(iii)	the field in which the applicant is recognised as a specialist; and
	(c)	be lodged with the chief health officer.
8	Grant of authorisation
(1) 	The chief health officer shall grant the authorisation sought in an application under subsection 7 (1) if the person is in a class of persons prescribed in relation to the substance for which authorisation is sought.
(2) 	Where the chief health officer grants an authorisation under this section, he or she shall—
	(a)	notify the applicant in writing of the authorisation; and
	(b)	specify, in that notification, an identifying number in respect of that authorisation.
9 	Dispensing
	A pharmacist shall not supply to another person a substance to which this Part applies except on a prescription on which a specialist has endorsed ‘Section 8’ and the identifying number in respect of the relevant authorisation under that section.
Maximum penalty:  10 penalty units.

Part 3—Labelling and Packaging
10	Words and expressions used in drugs and poisons standard 
 	A word or expression used in this Part (other than a word or expression defined by this Act), and in the drugs and poisons standard, has in this Part the same meaning as in the drugs and poisons standard.
11 	Labels and containers
	A person must not supply a substance to which Part 2 of the drugs and poisons standard applies except in accordance with the requirements of that Part.
Maximum penalty:  50 penalty units.
12 	Standard and warning statements etc
(1) 	If a person supplies a substance mentioned in Appendix E to the drugs and poisons standard at a concentration above the level specified in the appendix for the substance, the label on the container or device containing the substance must include the standard statement (if any) applying to the substance under the appendix.
Maximum penalty:  50 penalty units.
(2) 	A person must not supply a substance mentioned in Appendix F to the drugs and poisons standard unless the label on the container or device containing the substance includes the warning statement or safety direction (if any) applying to the substance under the appendix.
Maximum penalty:  50 penalty units.
(3) 	A person must not supply a substance mentioned in Appendix K to the drugs and poisons standard, or in paragraph 45 of Part 3 of the standard, unless the label on the container or device containing the substance includes the warning statement (if any) applying to the substance under the appendix.
Maximum penalty:  50 penalty units.
(4) 	This section does not apply to a substance if—
	(a)	the substance is mentioned in Appendix G to the drugs and poisons standard; and
	(b)	the substance is at a concentration not more than the concentration specified in the appendix for the substance.

Part 4—POISONS
Division 4.1—Licensing for manufacture and sale
13 	Application for licence
(1) 	A person may apply to the Minister for a licence to manufacture or sell a poison.
(2) 	An application for a licence—
	(a)	shall be in writing signed by the applicant; and
	(b)	shall specify—
	(i)	the full name and business address of the applicant; and
	(ii)	if the applicant is a corporation—the full name and residential address of each director and secretary of the corporation; and
	(iii)	whether the applicant wishes to apply for a manufacturer’s or vendor’s licence; and
	(iv)	if the applicant proposes to manufacture or sell a poison under a business name—that name; and
	(v)	the poison in relation to which the licence is sought; and
	(vi)	the address of each premises at which that poison is proposed to be manufactured or sold; and
	(vii)	the security arrangements that would be implemented at each premises; and
	(viii)	the name and address of each person under whose supervision the poison specified in subparagraph (v) would be manufactured or sold; and
	(ix)	where the applicant proposes to manufacture the poison—the qualifications of each person under whose supervision that poison would be manufactured; and
	(c)	shall be accompanied by—
	(i)	a plan of the premises—
	(A)	identifying where the poison specified in subparagraph (b) (v) would be stored and the location and nature of security devices; and
	(B)	in respect of an application for a manufacturer’s licence—identifying each part where a process of manufacture would be carried out and the nature of that process; and
	(ii)	the determined fee.
14 	Grant of licence
(1) 	The Minister shall grant a manufacturer’s or vendor’s licence (as the case requires) on receipt of an application in accordance with section 13 if—
	(a)	where the applicant is a natural person—the Minister is satisfied that the applicant is not suffering from any mental or physical disability that would render him or her incapable of complying with this Act; and
	(b)	the premises specified in the application are fit for storing the poison and for manufacturing or selling it (as the case requires); and
	(c)	the Minister is satisfied that the manufacture or sale of the poison will at all times be carried out under the supervision of a person possessing qualifications in chemistry, pharmacy, pharmacology or possessing other appropriate qualifications, or who is otherwise experienced and competent in the handling of poisons; and
	(d)	the applicant, each supervisor and, if the applicant is a corporation, each director and secretary of the applicant, has not, within 5 years prior to the date of the application, been convicted of a relevant offence.
(2) 	Notwithstanding that an applicant, supervisor or, if the applicant is a corporation, a director or secretary of the applicant, has been convicted of an offence referred to in paragraph (1) (d), the Minister may grant the licence applied for if satisfied that—
	(a)	the applicant will or, where the applicant is a corporation, the director or secretary will ensure that the applicant will, only store and manufacture or supply the poison in accordance with the terms of the licence; or
	(b)	where a supervisor has been convicted—that the supervisor will supervise in accordance with this Act.
(3) 	A licence shall specify—
	(a)	the full name of the licensee; and
	(b)	the poison in relation to which the licence is granted; and
	(c)	the address of each premises at which the specified poison is to be manufactured or sold; and
	(d)	the name of each person who is to supervise the manufacture or sale of the specified poison; and
	(e)	the conditions (if any) to which the licence is subject; and
	(f)	the period for which, under section 47H, the licence is in force; and
	(g)	any prescribed particular.
15 	Conditions of licence
	The conditions that may be specified in a licence are—
	(a)	conditions relevant to the licence that are specified in Appendix J to the Drugs and Poisons Standard; and
	(b)	such other conditions as are necessary and reasonable for ensuring—
	(i)	the proper manufacture and safekeeping of the specified poison; or
	(ii)	the proper supervision of that manufacture or of the sale of the specified poison.
16 	Variation of conditions of licence
(1) 	The Minister may vary the conditions specified in a licence.
(2) 	A notice given under paragraph 41 (2) (c) shall specify the date on which the variation takes effect, being not less than 28 days after the date of the notice, and the variation takes effect on the date specified.
(3) 	On receipt of a licence, a condition of which has been varied, the Minister shall—
	(a)	endorse the licence with the variation of conditions specified in the notice referred to in subsection (2); and
	(b)	return the licence to the licensee.
17 	Amendment of licence
(1) 	The Minister may, upon receipt of a licence and of written notification of a change of address of the licensee, amend the address of the licensee specified in the licence.
(2) 	The Minister may amend the address of premises specified in a licence under paragraph 14 (3) (c).
(3) 	The Minister shall not amend a licence under subsection (2) unless the licensee has lodged with the Minister the licence and written notification of his or her intention to store the specified poison and to manufacture or sell it (as the case requires) at or from premises other than the specified premises at least 28 days before he or she intends to take that action, where that written notification—
	(a)	specifies—
	(i)	the address of the new premises; and
	(ii)	the date on which the licensee proposes to commence the manufacture or sale of the poison at the new premises; and
	(iii)	the security arrangements proposed to be implemented at the new premises; and
	(b)	is accompanied by a plan of the premises—
	(i)	identifying where it is proposed the specified poison be stored and the location and nature of security devices; and
	(ii)	in respect of a manufacturer’s licence—identifying each part where a process of manufacture would be carried out and the nature of that process.
(4) 	An amendment under subsection (2) takes effect—
	(a)	on the amendment of the licence by the Minister; or
	(b)	on such later date as is specified in the licence.
(5) 	Where the Minister has amended a licence under subsection (1) or (2), he or she shall return it to the licensee.
(6) 	Where a licensee proposes that a specified poison be manufactured or sold under the supervision of a person other than a person whose name is specified in the licence under paragraph 14 (3) (d), the licensee shall lodge the licence with the Minister together with written notification of the proposed change specifying—
	(a)	the name; and
	(b)	the address; and
	(c)	the qualifications or particulars of relevant experience and competence;
of the person under whose supervision the poison would be manufactured or sold.
(7) 	On receipt of a notification under subsection (6), the Minister shall amend the licence accordingly if satisfied that the person specified in the notice possesses qualifications in chemistry, pharmacy, pharmacology or other appropriate qualifications or is otherwise experienced and competent in the handling of poisons, and the Minister shall, whether the licence is amended or not, return the licence to the licensee.
18 	Cancellation of licence
(1) 	The Minister may cancel a licence—
	(a)	if the licensee has requested in writing that the licence be cancelled; or
	(b)	if the licensee has not, within 7 days of receipt of a notice of variation of a condition of the licence, submitted the licence to the Minister; or
	(c)	if the licensee has not, within 7 days of a change of the licensee’s address, submitted the licence and written notification of the change of address to the Minister; or
	(d)	if—
	(i)	the licensee, a person whose name is specified in the licence under paragraph 14 (3) (d) or, if the licensee is a corporation, any of its directors or secretaries, has been convicted of a relevant offence; and
	(ii)	the Minister has not already considered the conviction under subsection 14 (2); and 
	(iii)	the power to cancel a licence under this paragraph is exercised within 12 months after the expiration of the period in which an appeal may be lodged against the conviction; or
	(e)	if the licensee has ceased to manufacture or sell the specified poison; or
	(f)	if the licensee is a natural person—the licensee is, by reason of mental or physical incapacity, no longer competent to hold a licence.
(2) 	The cancellation of a licence takes effect on the date on which the notice of cancellation is given pursuant to subsection 41 (2).
(3) 	Where a person whose licence has been cancelled has not been given directions under section 36 as to the disposal of any poison held at the time of cancellation, he or she shall, as soon as practicable after the cancellation of the licence takes effect, dispose of any poison held.
(4) 	A person must not, without reasonable excuse, contravene subsection (3).
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
19 	Return of licence etc to Minister
	A person whose licence is cancelled shall not, without reasonable excuse, fail to return his or her licence and any poisons register held to the Minister as soon as practicable after the cancellation takes effect.
Maximum penalty:  5 penalty units.
20 	Duration of licence
	A licence remains in force, unless sooner cancelled, until the expiration of 31 March next following the date on which it was granted or renewed.
21 	Renewal of licence
(1) 	A licensee may, before the expiration of the term of a licence, apply in writing to the Minister for its renewal.
(2) 	On receipt of an application under subsection (1) and the determined fee, the Minister shall renew the licence.
(3) 	A renewal under this section takes effect on the day immediately following the day on which, but for its renewal, the licence would have expired.
22 	Poisons register
(1) 	A licensee shall keep at the specified premises, in accordance with this section, a register to be called the ‘poisons register’.
Maximum penalty:  20 penalty units.
(2) 	The register shall be kept in written or printed form in the English language or so as to enable the entries to be readily accessible and readily convertible into written or printed form in the English language.
(3) 	Where a licensee sells a poison, he or she shall enter particulars of the sale into the poisons register not later than 24 hours after the sale.
Maximum penalty:  20 penalty units.
(4) 	It is a defence to a prosecution under subsection (3) that—
	(a)	it was not reasonably practicable to comply with subsection (3); and
	(b)	the licensee made such record as was reasonable in the circumstances and entered the appropriate particulars in the poisons register as soon as practicable.
(5) 	The particulars of the sale to be entered in the poisons register are—
	(a)	the purchaser’s name and address; and
	(b)	if—
	(i)	the purchaser is purchasing on behalf of another person; and
	(ii)	the name and address of that other person do not appear on a signed order form relating to the sale; 
the name and address of that other person; and
	(c)	the date of the purchase; and
	(d)	the quantity and type of poison purchased; and
	(e)	the purpose for which the purchaser states the poison is required; and
	(f)	where the licensee does not hold an order signed by the purchaser—the purchaser’s signature.
(6) 	In subsection (5):
purchaser means a person physically present making a purchase, whether or not he or she is an agent for another person.
(7) 	A licensee shall not fail, without reasonable excuse, to keep the poisons register, and any signed order, until the expiration of the period of 5 years commencing on the date of the last entry made under subsection (3) in that poisons register.
Maximum penalty:  20 penalty units.
23 	Offences by licensee
	A licensee shall not—
	(a)	manufacture, possess or sell a specified poison at a place other than the specified premises; or
	(b)	sell a specified poison from a place other than the specified premises; or
	(c)	manufacture a specified poison other than under the supervision of a person whose name is specified in the licence for that purpose; or
	(d)	store, manufacture or sell a specified poison except in accordance with any conditions of the licence.
Maximum penalty:  100 penalty units, imprisonment for 1 year or both.
24 	Conditions for sale of poisons
(1) 	A licensee shall not sell a poison unless—
	(a)	he or she has obtained the signature of the purchaser either in the poisons register or on an order; and
	(b)	the purchaser and, if the person taking delivery of the poison is not the purchaser, the person taking delivery is, or is reasonably believed to be, of or over the age of 18 years.
Maximum penalty:  100 penalty units.
(2) 	A licensee shall not sell a poison to a person who—
	(a)	does not supply his or her name and address; or
	(b)	is an agent for another person and does not supply—
	(i)	a signed order relating to the sale on which appears that other person’s name and address; or
	(ii)	the name and address of that other person;
	(c)	does not state the purpose for which the poison is required; or
	(d)	does not sign the poisons register or provide a signed order to the licensee.
Maximum penalty:  100 penalty units.
Division 4.2—Authorisations
25 	Application for authorisation
(1) 	A person who proposes to conduct a program that requires the possession or use by that person of a poison may apply to the Minister for an authorisation in relation to that poison.
(2) 	An application for an authorisation shall—
	(a)	be in writing signed by the applicant; and
	(b)	specify—
	(i)	the full name, address and academic, professional or other relevant qualifications of the applicant; and
	(ii)	the poison in relation to which the authorisation is sought; and
	(iii)	the strength and form in which that poison is to be possessed and used; and
	(iv)	the period for which the authorisation is sought; and
	(v)	the maximum quantity of that poison to be possessed at any one time and the total quantity to be possessed during the period of the program; and
	(vi)	details of the manner in which that poison would be used in the program; and
	(vii)	the recognised institution where, or under the supervision of which, the program is to be conducted; and
	(viii)	the name and academic, professional or other relevant qualifications of any person other than the applicant under whose supervision the program would be conducted; and
	(ix)	the arrangements proposed for the safe custody of the poison; and
	(c)	be accompanied by—
	(i)	a written description of the program, including its estimated duration; and
	(ii)	in the case of a program of research—a trial protocol; and
	(iii)	a written statement approving the program signed by the approving officer; and
	(iv)	the determined fee.
26 	Grant of authorisation
(1) 	The Minister shall grant an authorisation to a person who has applied in accordance with section 25 if—
	(a)	the relevant program cannot be carried out satisfactorily without the use of the poison specified in the application; and
	(b)	in the case of a program of research—the research is scientifically viable; and
	(c)	the Minister is satisfied that the program will be adequately supervised; and
	(d)	the Minister is satisfied that the applicant is not suffering from any mental or physical disability that would render the applicant incapable of complying with this Act; and
	(e)	the applicant has not, within 5 years prior to the date of the application, been convicted of a relevant offence.
(2) 	In deciding whether research is scientifically viable under paragraph (1) (b), the Minister shall consider the trial protocol.
(3) 	Notwithstanding that an applicant has been convicted of an offence referred to in paragraph (1) (e), the Minister may grant the applicant an authorisation if satisfied that the applicant will possess or use the poison in accordance with the terms of the authorisation.
(4) 	An authorisation shall specify—
	(a)	the name and address of the person to whom the authorisation is granted; and
	(b)	the poison to which the authorisation relates; and
	(c)	the strength and form in which the specified poison may be possessed and used; and
	(d)	the maximum quantity of the specified poison that may be possessed at any one time, and the total quantity that may be possessed during the period of the program; and
	(e)	the purpose for which the authorisation is granted; and
	(f)	the recognised institution in relation to which the authorisation is granted; and
	(g)	the conditions (if any) to which the authorisation is subject; and
	(h)	the period for which the authorisation is granted; and
	(j)	any prescribed particulars.
27 	Conditions of authorisation
	The Minister may specify in an authorisation such conditions as are necessary and reasonable for ensuring—
	(a)	the proper use and safekeeping of the specified poison; and
	(b)	that proper records concerning the receipt, use and disposal of the specified poison are kept.
28 	Variation of conditions of authorisation
(1) 	The Minister may vary the conditions specified in an authorisation.
(2) 	A notice given under paragraph 41 (2) (k) shall specify the date that the variation takes effect, being not less than 28 days after the date of the notice, and the variation takes effect on the date specified.
(3) 	On receipt of an authorisation, the Minister shall—
	(a)	endorse the authorisation with the variation of conditions specified in the notice referred to in subsection (2); and
	(b)	return it to the authorised person.
29 	Cancellation of authorisation
(1) 	The Minister may cancel an authorisation—
	(a)	if the authorised person requests in writing that the authorisation be cancelled; or
	(b)	if—
	(i)	the authorised person has been convicted of a relevant offence; and
	(ii)	the Minister has not already considered the conviction under subsection 26 (3); and
	(iii)	the power to cancel an authorisation under this paragraph is exercised within 12 months after the expiration of the period in which an appeal may be lodged against the conviction;
	(c)	if the program is not being adequately supervised; or
	(d)	if the authorised person has not, within 28 days of service of a notice under paragraph 41 (2) (k), submitted the authorisation to the Minister; or
	(e)	if the authorised person is, by reason of physical or mental incapacity, no longer competent to hold an authorisation; or
	(f)	if the Minister believes on reasonable grounds that the authorised person has ceased to conduct the relevant program or no longer requires the specified poison for the purposes of the relevant program.
(2) 	A cancellation takes effect from the date the notice of cancellation is given pursuant to subsection 41 (2).
(3) 	Where a person whose authorisation has been cancelled under this section has not been given directions under section 36 as to the disposal of any poisons held at the time of cancellation, he or she shall, as soon as practicable after the cancellation of the authorisation takes effect, dispose of any poison held.
(4) 	A person must not, without reasonable excuse, contravene subsection (3).
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
30 	Duration of authorisation
	An authorisation remains in force, unless sooner cancelled, until the expiration of the period specified in the authorisation, and may be renewed.
31 	Renewal of authorisation
(1) 	An authorised person may, before the expiration of the term of an authorisation, apply to the Minister for its renewal.
(2) 	An application for the renewal of an authorisation shall—
	(a)	be in writing signed by the applicant; and
	(b)	include a statement setting out the reason why the program has not been completed in the time allowed in the authorisation; and
	(c)	specify the period of renewal sought; and
	(d)	be accompanied by—
	(i)	a written statement supporting the application signed by the approving officer; and
	(ii)	the determined fee.
(3) 	On receipt of an application in accordance with subsection (2), the Minister shall renew an authorisation if satisfied that—
	(a)	the research is still scientifically viable; and
	(b)	there has not been an unreasonable delay in the completion of the program.
(4) 	A renewal under this section takes effect on the day immediately following the day on which, but for its renewal, the authorisation would have expired.
(5) 	A renewed authorisation has effect—
	(a)	for the period specified in the application for renewal; or
	(b)	for such shorter period as the Minister considers reasonable.
32 	Return of authorisation to Minister
	Upon ceasing to be an authorised person, a person shall not, without reasonable excuse, fail to return the authorisation to the Minister as soon as practicable.
Maximum penalty:  5 penalty units.

Part 4—Miscellaneous
33 	Possession of poison
(1) 	A person shall not, without reasonable excuse, possess a poison.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
(2) 	Subsection (1) does not apply to a person who—
	(a)	is licensed or authorised to possess that poison; or
	(b)	is a member of a prescribed class of persons and possesses the poison for a purpose prescribed in relation to that class; or
	(c)	possesses a poison that an authorised person is authorised to possess—
	(i)	with the authority of the authorised person; and
	(ii)	for the purpose of conducting the program to which the authorisation relates; or
	(d)	is otherwise legally in possession of the poison.
34 	Manufacture of poison
(1) 	A person shall not, without reasonable excuse, manufacture a poison.
Maximum penalty:  100 penalty units, imprisonment for 1 year or both.
(2) 	Subsection (1) does not apply to a person who—
	(a)	is licensed to manufacture the poison; or
	(b)	is authorised under section 26 and manufactures the specified poison for the purpose of conducting the program to which the authorisation relates; or
	(c)	manufactures a poison that an authorised person is authorised to possess or use—
	(i)	with the authority of the authorised person; and
	(ii)	solely for the purpose of conducting the program to which the authorisation relates.
35 	Sale of poison
(1) 	A person shall not, without reasonable excuse, supply a poison.
Maximum penalty:  100 penalty units, imprisonment for 1 year or both.
(2) 	Subsection (1) does not apply to a person who is licensed to manufacture or sell the poison if the poison is supplied by way of sale.
36 	Directions
(1) 	Where a licensee or an authorised person proposes to dispose of poison, or a person has had his or her licence or authorisation cancelled, the Minister may give him or her such written directions with respect to the disposal of the poison or of any poison held as are necessary and reasonable for the protection of human health and the environment.
(2) 	A person to whom a direction is given shall not, without reasonable excuse, fail to comply with that direction as soon as practicable.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
37 	Possession of anabolic steroids
(1) 	A person shall not, without reasonable excuse, possess an anabolic steroid.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
(2) 	Subsection (1) does not apply to a person who—
	(a)	is licensed or authorised, under this Act or another Act, to manufacture, possess or supply an anabolic steroid; or
	(b)	is a doctor, dentist or veterinary surgeon, and possesses the anabolic steroid for the purposes of his or her practice; or
	(c)	is a pharmacist and possesses the anabolic steroid for the purposes of dispensing it; or
	(d)	obtained the anabolic steroid on presentation of a prescription signed by a doctor, dentist or veterinary surgeon authorising the sale or supply to, or dispensing for, that person of the anabolic steroid.
38 	Prescription, dispensing or sale of anabolic steroids
(1) 	A person shall not, without reasonable excuse—
	(a)	administer to himself, herself or another person; or
	(b)	prescribe, dispense or sell to another person for human use; an anabolic steroid.
Maximum penalty:
	(a)	for paragraph (a)—50 penalty units, imprisonment for 6 months or both; or
	(b)	for paragraph (b)—500 penalty units, imprisonment for 5 years or both. 
(2) 	Subsection (1) does not apply to administering, prescribing, dispensing or selling an anabolic steroid—
	(a)	that is registered under the Therapeutic Goods Act 1989 (Cwlth); or
	(b)	for the purposes of a clinical trial conducted under that Act.
(3) 	In this section:
anabolic steroid includes—
	(a)	a substance specified in Schedule 1 and any—
	(i)	salt, active principle or derivative of such a substance; or
	(ii)	stereoisomer of such a substance; or
	(iii)	preparation or admixture containing any proportion of such a substance;
	(b)	a salt of an active principle or derivative referred to in subparagraph (a) (i); and
	(c)	a salt of a stereoisomer referred to in subparagraph (a) (ii).
39 	Exemption of building materials, hardware etc
	Nothing in this Act applies to, or in relation to, the possession, supply or use of any of the goods specified in Schedule 2, notwithstanding that the goods contain a scheduled substance.
40 	Advertising scheduled substances
(1) 	A person shall not publish or display, or cause or permit to be published or displayed, an advertisement that—
	(a)	promotes or encourages the use of a Schedule 1, 3 or 4 substance; or
	(b)	indicates that the person, or any other person, is willing or authorised to supply a Schedule 1, 3 or 4 substance.
Maximum penalty:  100 penalty units, imprisonment for 1 year or both. 
(2) 	For the purposes of subsection (1), the reference to an advertisement shall be read as including a reference to every form of advertisement whether in a newspaper or other publication, by television or radio, by display of notices, signs, labels, showcards or goods, by distribution of samples, circulars, catalogues, price lists or other material, by exhibition of pictures, models or films, or in any other way, but does not include an advertisement in a magazine, journal, circular or publication circulating primarily to doctors, dentists, veterinary surgeons or pharmacists, and the reference in subsection (1) to the publishing or display of an advertisement shall be read accordingly.
(3) 	Nothing in this section applies in relation to an advertisement in a magazine, journal, circular or publication declared by the Minister, by notice in the Gazette, to be an exempt publication for the purposes of this section.
(4)	In subsection (1), a reference to a Schedule 3 substance shall be read as not including a reference to a Schedule 3 substance that is listed in Appendix H to the Drugs and Poisons Standard.
41	Notice of decision
(1) 	Where the chief health officer makes a decision refusing to grant an authorisation under section 8, he or she shall cause notice in writing of the decision to be given to the person whose interests are affected by the decision.
(2) 	Where the Minister makes a decision—
	(a)	refusing to grant a licence under section 14; or
	(b)	granting a licence under section 14 subject to conditions; or
	(c)	varying a condition specified in a licence under subsection 16 (1); or
	(d)	refusing to amend a licence under section 17; or
	(e)	specifying in a licence the date on which an amendment under section 17 takes effect; or
	(f)	cancelling a licence under subsection 18 (1); or
	(g)	refusing to grant an authorisation under section 26; or
	(h)	specifying a condition in an authorisation under section 27; or
	(j)	granting an authorisation under section 26 for a period other than the period applied for; or
	(k)	varying a condition specified in an authorisation under subsection 28 (1); or
	(l)	cancelling an authorisation under subsection 29 (1); or
	(m)	refusing to renew an authorisation under section 31; or
	(n)	renewing an authorisation under section 31 for a period other than that applied for; or
	(o)	giving directions with respect to the disposal of a poison under section 36;
the Minister shall give notice in writing of the decision—
	(p)	in the case of a decision referred to in paragraph (c), (d), (e) or (f)—to the licensee; or
	(q)	in the case of a decision referred to in paragraph (k), (l), (m) or (n)—to the authorised person; or
	(r)	in the case of a decision referred to in paragraph (o)—to the person; or
	(s)	in any other case—to the applicant.
(3) 	A notice under subsection (1) or (2) shall be in accordance with the requirements of the code of practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.
42 	Review by administrative appeals tribunal
	Application may be made to the administrative appeals tribunal for a review of a decision referred to in subsection 41 (1) or (2).
43 	Appointment of analysts
	The Minister may, by instrument in writing, appoint a person to be an analyst for the purposes of this Act.
44 	Certificate by analyst to be evidence
(1) 	In proceedings in the Magistrates Court for an offence against this Act, a certificate signed by an analyst and stating the result of an analysis of a substance carried out at the request of a police officer is evidence of the matters stated in the certificate.
(2) 	For the purpose of subsection (1), a document that purports to be signed by an analyst shall, unless the contrary is proved, be taken to have been so signed.
45 	Evidentiary certificate
(1) 	In proceedings for an offence against this Act, a certificate signed by a drug inspector appointed under the Drugs of Dependence Act 1989 stating that at a specified time a specified substance was included in a specified schedule of the Drugs and Poisons Standard is evidence of the matters stated.
(2) 	For the purposes of subsection (1), a certificate that purports to be signed by a drug inspector shall, unless the contrary is proved, be taken to have been so signed.
46	Modification of drugs and poisons standard
(1) 	For this Act, the Minister may modify the drugs and poisons standard.
(2) 	A modification under subsection (1) is a disallowable instrument.
47 	Fees
(1)	The Minister may determine fees for the purposes of this Act.
(2) 	A determination under this section is a disallowable instrument.
48	Delegation
	The chief health officer may, in writing, delegate any of his or her powers under this Act to a public servant.
49	Regulation-making power 
 	The Executive may make regulations for this Act.

	SCHEDULE 1	(See s 38)
	Anabolic steroids
item	anabolic steroids	
1		Androisoxazole	
2		Androsterone	
3		Atamestane	
4		Bolandiol	
5		Bolasterone	
6		Bolazine	
7		Boldenone	
8		Bolenol	
9		Bolmantalate	
10		Calusterone	
11		Chlorandrostenolone	
12		4-Chloromethandienone	
13		Chloroxydienone	
14		Chloroxymesterone (dehydrochloromethyltestosterone)	
15		Clostebol	
16		Danazol	
17		Dihydrolone	
18		Dimethandrostanolone	
19		Dimethazine	
20		Drostanolone	
21		Enestebol	
22		Epitiostanol	
23		Ethisterone	
24		Ethyldienolone	
25		Ethyloestrenol	
26		Fluoxymesterone	
27		Formebolone	
28		Furazabol	
29		Gestrinone	
30		Hydroxystenozol	
31		Mebolazine	
32		Mepitiostane	
33		Mesabolone	
34		Mestanolone (androstanolone)	
35		Mesterolone	
36		Methandienone	
37		Methandriol	
38		Methandrostenolone	
39		Methenolone	
40		Methylclostebol	
41		Methyltestosterone	
42		Methyltrienolone	
43		Metribolone	
44		Mibolerone	
45		Nandrolone	
46		Norandrostenolone	
47		Norbolethone	
48		Norclostebol	
49		Norethandrolone	
50		Normethandrone	
51		Ovandrotone	
52		Oxabolone	
53		Oxandrolone	
54		Oxymesterone	
55		Oxymetholone	
56		Prasterone	
57		Propetandrol	
58		Quinbolone	
59		Roxibolone	
60		Silandrone	
61		Stanolone	
62		Stanozolol	
63		Stenbolone	
64		Testolactone	
65		Testosterone	
66		Thiomesterone	
67		Trenbolone	
68		Trestolone	
69	 	Anabolic and androgenic steroidal agents not mentioned elsewhere in this Schedule

	SCHEDULE 2	 (See s 39)
Exempt goods
item	exempt goods	
1	blankets moth-proofed with dieldrin during manufacture in accordance with the directions of the Commonwealth Scientific and Industrial Research Organization	
2	ceramics	
3	electrical accumulators and batteries	
4	electrical components, including electric lamps	
5	electronic components	
6	explosives	
7	food	
8	glazed pottery	
9	inorganic pigments not specified in Schedule 6	
10	lubricants, unless specified in any other Schedule	
11	matches	
12	motor fuels, other than those containing methyl alcohol, unless specified in any other Schedule	
13	paints	
14	paper	
15	photographic paper and film	
16	printing inks and ink additives except when containing a pesticide	
17	single-use tubes for the estimation of alcohol content of breath	
18	timber	
19	vitreous enamels	
20	wallboard	

ENDNOTES
1	About this republication
This is a republication of the Poisons and Drugs Act 1978 as in force on 8 September 2000.  It includes all amendments made to the Act up to Act 2000 No 43.
Amending and modifying laws are annotated in the table of legislation and table of amendments.  However, any current modifications are not included in the republished Act but are set out in the endnotes.
The Parliamentary Counsel’s Office currently prepares 2 kinds of republications of ACT laws:  authorised printed republications to which the Legislation (Republication) Act 1996 applies and unauthorised electronic republications.  The status of a republication appears on its cover and is indicated by its republication number.
A republication number without a letter (eg 1, 2, 3 etc) indicates that the republication is an authorised printed republication.  A number with a letter (eg 1A, 1B, 1C etc) indicates that the republication is an unauthorised electronic republication.
Section 13 of the Legislation (Republication) Act 1996 authorises the Parliamentary Counsel, in preparing a law for republication, to make textual amendments of a formal nature which the Parliamentary Counsel considers desirable in accordance with current legislative drafting practice.  The amendments do not effect a substantive change in the law.
In preparing this republication, amendments have not been made under section 13.
Not all amendments made under section 13 are annotated in the table of amendments.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
2	About the republished Act
The Poisons and Drugs Act 1978 was originally the Poisons and Narcotic Drugs Ordinance 1978.  It became an ACT Act on self-government (11 May 1989).
3	Abbreviation key
Key to abbreviations in tables

am = amended
amdt = amendment
ch = chapter
cl = clause
def = definition
dict = dictionary
div = division
exp = expires/expired
Gaz = Gazette
hdg = heading
ins = inserted/added
LR = Legislation (Republication) Act 1996
mod = modified
No = number
notfd = notified
o = order
om = omitted/repealed
orig = original
p = page
par = paragraph
pres = present
prev = previous
(prev...) = previously
prov = provision
pt = part
r = rule/subrule
reg = regulation/subregulation
renum = renumbered
reloc = relocated
R[X] = Republication No
s = section/subsection
sch = schedule
sdiv = subdivision
sub = substituted
SL  = Subordinate Law
sp = spent
*  = SL unless otherwise stated
† = Act or Ordinance unless otherwise stated

4	Table of legislation
Part 1—Legislation before self-government
Ordinance†	Year and number†	Gazette
notification	Commencement	Transitional provisions	

Poisons and Narcotic Drugs Ordinance 1978	1978 No 38	19 Dec 1978	29 Dec 1978 (see Gaz 1978 No S290)		
Poisons and Narcotic Drugs (Amendment) Ordinance 1981	1981 No 19	28 Aug 1981	28 Aug 1981	—	
Poisons and Narcotic Drugs (Amendment) Ordinance (No 2) 1981	1981 No 56	31 Dec 1981	31 Dec 1981	—	
Poisons and Narcotic Drugs (Amendment) Ordinance 1982	1982 No 47	30 June 1982	30 June 1982	—	
Magistrates Court Ordinance 1985	1985 No 67	19 Dec 1985	1 Feb 1986 (see Gaz 1986 No G3 p 265)	—	
Poisons and Narcotic Drugs (Amendment) Ordinance 1986	1986 No 32	31 July 1986	31 July 1986	—	
Poisons and Narcotic Drugs (Amendment) Ordinance (No 2) 1986	1986 No 76	21 Nov 1986	21 Nov 1986	—	
Community and Health Service (Consequential Provisions) Ordinance 1988	1988 No 29 	30 June 1988	2 July 1988	s 4	
Poisons and Narcotic Drugs (Amendment) Ordinance 1988	1988 No 96	20 Dec 1988	repealed before commencement by 1993 No 23	—	
Poisons and Drugs (Amendment) Ordinance 1989	1989 No 13	15 Mar 1989	1 Apr 1989 (see Gaz 1989 No S109)	—	
Self-Government (Consequential  Amendments) Ordinance 1989	1989 No 38	10 May 1989	ss 1 and 2:  10 May 1989
remainder:  11 May 1989 (see s 2 (2) and Gaz 1989 
No S164)
	—	

Part 2—Legislation after self-government
Act†	Year and number†	Gazette
notification	Commencement	Transitional provisions	

Health Services (Consequential Provisions) Act 1990	1990 No 63	28 Dec 1990	ss 1 and 2:  28 Dec 1990
remainder:  1 Jan 1991 (see 
s 2 (2) and Gaz 1991 No S4)	ss 6-17	
Poisons and Drugs (Amendment) Act 1991	1991 No 4	1 Mar 1991	ss 1-3:  1 Mar 1991
remainder:  15 Mar 1991 (see Gaz 1991 No S16)	—	
Statute Law Revision (Miscellaneous Provisions) Act 1993	1993 No 1	1 Mar 1993	1 Mar 1993	—	
Poisons and Drugs (Amendment) Act 1993	1993 No 8	1 Mar 1993	ss 1-3:  1 Mar 1993
remainder:  31 Mar 1993 (see Gaz 1993 No S53 p 2)	—	
as
amended
by
Health (Consequential Provisions) Act 1993	

1993 No 14	

1 Mar 1993	

1 Mar 1993 	

—	
Acts Revision (Position of Crown) Act 1993	1993 No 44	27 Aug 1993	27 Aug 1993 (see 
s 2)	—	
Poisons and Drugs (Amendment) Act 1994	1994 No 40	7 Sept 1994	ss 1-3, 5 and 6:  7 Sept 1994
remainder:  15 Sept 1994 (see Gaz 1994 No S193)	—	
Poisons and Drugs (Amendment) Act  (No 2) 1994	1994 No 57	5 Oct 1994	5 Oct 1994	—	
Administrative Appeals (Consequential Amendments) Act 1994	1994 No 60	11 Oct 1994	ss 1 and 2:  11 Oct 1994
remainder:  14 Nov 1994 (see 
s 2 (2) and Gaz 1994 No S250)	—	
Poisons and Drugs (Amendment) Act  (No 3) 1994	1994 No 94	15 Dec 1994	18 Dec 1994	—	
Public Health (Miscellaneous Provisions) Act 1997	1997 No 70	9 Oct 1997	ss 41 and 43 (1):  13 Aug 1998 (see Gaz 1998 No S185) 	s 41	
Poisons and Drugs (Amendment) Act 1997	1997 No 126	24 Dec 1997	24 Dec 1997	—	
Statute Law Revision (Penalties) Act 1998	1998 No 54	27 Nov 1998	ss 1 and 2:  27 Nov 1998
remainder:  9 Dec 1998 (see Gaz 1998 No 49 
p 1078) 	

Poisons and Drugs (Amendment) Act 1999	1999 No 27	6 May 1999	6 May 1999	—	
Health and Community Care Legislation Amendment Act 2000	2000 No 28	30 June 2000	ss 1 and 2:  30 June 2000
remainder (ss 3-12):  1 July 2000	—	
Poisons and Drugs Amendment Act 2000
	2000 No 43	8 Sept 2000	8 Sept 2000	—	

5	Table of amendments

Provision	How affected†

title	am 1989 No 13
s 1	am 1989 No 13
	sub 2000 No 28 s 6 sch 2 
hdg to s 2	sub 2000 No 28 s 6 sch 2
s 2	orig s 2 om 2000 No 28 sch 2 s 6
	(prev s 3) am 1986 No 76; 1988 No 29; 1989 Nos 13 and 38; 1990 No 63; 1993 No 8 (as am by 1993 No 14); 1994 Nos 60 and 94; 1997 Nos 70 and 126; 1998 No 54; 2000 No 28 ss 6-7 sch 2
	renum 2000 No 28 s 6 sch 2
s 3	ins 2000 No 28 s 8
hdg to pt 2	sub 1986 No 76
	am 1989 No 13
div 1 of pt II (ss 4-8)	om 1989 No 13
hdg to s 4	(prev s 27A) sub 2000 No 28 s 6 sch 2
s 4	orig s 4 am 1985 No 67
	om 1989 No 13
	ins 1993 No 44
	(prev s 27A) ins 1986 No 76
	am 1994 No 57; 2000 No 28 s 6 sch 2
	renum 2000 No 28 s 6 sch 2
s 5	orig s 5 om 1989 No 13
	(prev s 27B) ins 1986 No 76
	sub 1994 No 57
	renum 2000 No 28 s 6 sch 2
s 6	orig s 6 om 1989 No 13
	(prev s 27C) ins 1986 No 76
	am 1994 No 57; 1997 No 70; 1998 No 54: 2000 No 28 s 6 sch 2
	renum 2000 No 28 s 6 sch 2
s 7	orig s 7 om 1989 No 13
	(prev s 27D) ins 1986 No 76
	am 1994 No 57; 1997 No 70; 2000 No 28 s 6 sch 2
	renum 2000 No 28 s 6 sch 2
s 8	orig s 8 om 1989 No 13
	(prev s 27E) ins 1986 No 76
	am 1993 No 1; 1994 No 57; 1997 No 70
	renum 2000 No 28 s 6 sch 2
div 2 of pt II (ss 9, 10)	om 1989 No 13
s 9	orig s 9 am 1986 No 76; 1988 No 29
	om 1989 No 13 
	(prev s 27F) ins 1986 No 76
	am 1994 No 57; 1998 No 54
	renum 2000 No 28 s 6 sch 2
s 10	orig s 10 am 1986 No 76; 1988 No 29
	om 1989 No 13
	(prev s 28) ins 1997 No 126
	sub 2000 No 28 s 6 sch 2
	renum 2000 No 28 s 6 sch 2
div 3 of pt II (ss 11, 12)	om 1989 No 13
s 11	orig s 11 om 1989 No 13
	(prev s 29) ins 1997 No 126
	sub 2000 No 28 s 9
	renum 2000 No 28 s 6 sch 2
s 12	orig s 12 om 1989 No 13
	(prev s 30) am 1993 No 1
	sub 1997 No 126; 2000 No 29 s 9
	renum 2000 No 28 s 6 sch 2
div 4 of pt II (ss 13, 14)	om 1989 No 13
pt 4 (ss 13-32)	(prev pt IIIA) ins 1993 No 8
	renum 2000 No 28 s 6 sch 2
s 13	orig s 13 om 1989 No 13
	(prev s 47A) ins 1993 No 8 (as am by 1993 No 14)
	renum 2000 No 28 s 6 sch 2
s 14	orig s 14 om 1989 No 13
	(prev s 47B) ins 1993 No 8 (as am by 1993 No 14) 
	renum 2000 No 28 s 6 sch 2
div 5 of pt II (ss 15-24)	om 1989 No 13
s 15	orig s 15 om 1989 No 13
	(prev s 47C) ins 1993 No 8
	renum 2000 No 28 s 6 sch 2
s 16	orig s 16 om 1989 No 13
	(prev s 47D) ins 1993 No 8 (as am by 1993 No 14)
	renum 2000 No 28 s 6 sch 2
s 17	orig s 17 om 1989 No 13
	(prev s 47E) ins 1993 No 8 (as am by 1993 No 14)
	renum 2000 No 28 s 6 sch 2
s 18	orig s 18 am 1986 No 76
	om 1989 No 13
	(prev s 47F) ins 1993 No 8 (as am by 1993 No 14)
	am 1998 No 54; 2000 No 28 s 6 sch 2
	renum 2000 No 28 s 6 sch 2
s 19	orig s 19 am 1986 No 76
	om 1989 No 13
	(prev s 47G) ins 1993 No 8 (as am by 1993 No 14)
	am 1998 No 54; 2000 No 28 s 6 sch 2
	renum 2000 No 28 s 6 sch 2
s 20	orig s 20 am 1986 No 76
	om 1989 No 13
	(prev s 47H) ins 1993 No 8
	renum 2000 No 28 s 6 sch 2
s 21	orig s 21 am 1986 No 76
	om 1989 No 13
	(prev s 47J) ins 1993 No 8 (as am by 1993 No 14) 
	renum 2000 No 28 s 6 sch 2

s 22	orig s 22 om 1989 No 13
	(prev s 47K) ins 1993 No 8
	am 1998 No 54; 2000 No 28 s 6 sch 2
	renum 2000 No 28 s 6 sch 2
s 23	orig s 23 om 1989 No 13
	(prev s 47L) ins 1993 No 8
	am 1998 No 54; 2000 No 28 s 6 sch 2
	renum 2000 No 28 s 6 sch 2
s 24	orig s 24 om 1989 No 13
	(prev s 47M) ins 1993 No 8
	am 1998 No 54; 2000 No 28 s 6 sch 2
	renum 2000 No 28 s 6 sch 2
div 6 of pt II (ss 25-27)	om 1989 No 13
s 25	orig s 25 om 1989 No 13
	(prev s 47N) ins 1993 No 8 (as am by 1993 No 14)
	renum 2000 No 28 s 6 sch 2
s 26	orig s 26 am 1985 No 67
	om 1989 No 13
	(prev s 47P) ins 1993 No 8 (as am by 1993 No 14)
	renum 2000 No 28 s 6 sch 2
s 27	orig s 27 am 1986 No 76
	om 1989 No 13
	(prev s 47Q) ins 1993 No 8 (as am by 1993 No 14)
	renum 2000 No 28 s 6 sch 2
hdg to div 6A of pt II	om 1994 No 57
div 6A of pt II 	(prev ss 27A-27F) ins 1986 No 76
	renum ss 4-9 2000 No 28 s 6 sch 2
div 7 of pt II (ss 28, 29)	om 1989 No 13
s 28	orig s 28 om 1989 No 13
	(prev s 47R) ins 1993 No 8 (as am by 1993 No 14)
	2000 No 28 s 6 sch 2
s 29	orig s 29 om 1989 No 13
	(prev s 47S) ins 1993 No 8 (as am by 1993 No 14)
	am 1998 No 54; 2000 No 28 s 6 sch 2
	renum 2000 No 28 s 6 sch 2
pt IIA (ss 29A-29J)	ins 1981 No 19
pt IIA (ss 29A-29G)	om 1989 No 13
ss 29A, 29B	ins 1981 No 19
	om 1989 No 13
s 29C	ins 1981 No 19
	am 1986 No 76
	om 1989 No 13
s 29D	ins 1981 No 19
	am 1982 No 47; 1986 No 76; 1988 No 29
	om 1989 No 13

s 29E	ins 1981 No 19
	om 1989 No 13
s 29F	ins 1981 No 19
	am 1986 No 76
	om 1989 No 13
s 29G	ins 1981 No 19
	am 1986 No 76; 1988 No 29
	om 1986 No 13
ss 29H, 29J	ins 1981 No 19
	om 1986 No 76
div 1 of Part III (ss 30-35)	om 1997 No 126
s 30	orig s 30 am 1993 No 1
	sub 1997 No 126; 2000 No 28 s 9
	(prev s 47T) ins 1993 No 8
	renum 2000 No 28 s 6 sch 2
s 31	orig s 31 om 1997 No 126
	(prev s 47U) ins 1993 No 8 (as am by 1993 No 14)
	renum 2000 No 28 s 6 sch 2
s 32	orig s 32 om 1997 No 126
	(prev s 47V) ins 1993 No 8 (as am by 1993 No 14)
	am 1998 No 54
	renum 2000 No 28 s 6 sch 2
pt 5 (ss 33-49)	(prev pt 4) renum 2000 No 28 s 6 sch 2
s 33	orig s 33 om 1997 No 126
	(prev s 47W) ins 1993 No 8
	am 1998 No 54; 2000 No 28 s 6 sch 2
	renum 2000 No 28 s 6 sch 2
s 34	orig s 34 om 1997 No 126
	(prev s 47X) ins 1993 No 8
	am 1998 No 54; 2000 No 28 s 6 sch 2
	renum 2000 No 28 s 6 sch 2
s 35	orig s 35 om 1997 No 126
	(prev s 47Y) ins 1993 No 8
	am 1998 No 54; 2000 No 28 s 6 sch 2
	renum 2000 No 28 s 6 sch 2
div 2 of pt III (ss 36-38)	om 1997 No 126
s 36	orig s 36 om 1997 No 126
	(prev s 47Z) ins 1993 No 8 (as am by 1993 No 14)
	am 1998 No 54; 2000 No 28 s 6 sch 2
	renum 2000 No 28 s 6 sch 2
s 37	orig s 37 am 1989 No 13; 1993 No 8
	om 1997 No 126
	(prev s 47ZA) ins 1994 No 40
	am 1998 No 54; 2000 No 28 s 6 sch 2
	renum 2000 No 28 s 6 sch 2

s 38	orig s 38 am 1993 No 8
	om 1997 No 126
	(prev s 47ZB) ins 1994 No 40
	am 1998 No 54; 2000 No 28 s 6 sch 2; 2000 No 43 s 4
	renum 2000 No 28 s 6 sch 2
div 3 of pt III (ss 39-45)	om 1997 No 126
s 39	orig s 39 om 1997 No 126
	(prev s 48) renum 2000 No 28 s 6 sch 2
s 40	orig s 40 om 1997 No 126
	(prev s 48A) ins 1981 No 56
	am 1986 No 76
	sub 1989 No 13
	am 1998 No 54; 1999 No 27; 2000 No 28 s 6 sch 2
	renum 2000 No 28 s 6 sch 2
s 41	orig s 41 om 1997 No 126
	(prev s 49) sub 1986 No 76
	am 1988 No 29; 1989 Nos 13 and 38; 1983 No 8 (as am by 1993 No 14); 1994 No 60; 1997 No 70
	renum 2000 No 28 s 6 sch 2
s 42	orig s 42 om 1997 No 126
	(prev s 50) am 1986 No 76; 1988 No 29
	om 1989 No 13
	ins 1993 No 8
	am 1994 No 60
	renum 2000 No 28 s 6 sch 2
s 43	orig s 43 om 1997 No 126
	(prev s 51) renum 2000 No 28 s 6 sch 2
s 44	orig s 44 om 1997 No 126
	(prev s 52) am 1985 No 67; 2000 No 28 s 6 sch 2
	renum 2000 No 28 s 6 sch 2
s 45	orig s 45 am 1993 No 1
	om 1997 No 126
	(prev s 53) am 1986 No 76; 1988 No 29
	om 1989 No 13
	ins 1993 No 8
	renum 2000 No 28 s 6 sch 2
hdg to div 4 of pt III	om 1997 No 126
s 46	orig s 46 om 1997 No 126
	(prev s 53A) ins 2000 No 28 s 10
	renum 2000 No 28 s 6 sch 2
s 47	orig s 47 am 1998 No 54
	om 2000 No 28 s 9
	(prev s 54) om 1989 No 13
	ins 1993 No 8
	am 2000 No 28 s 6 sch 2
	renum 2000 No 28 s 6 sch 2

s 48	(prev s 54A) ins 1993 No 8 (as am by 1993 No 14)
	am 1997 No 70
	renum 2000 No 28 s 6 sch 2
s 49	(prev s 55) am 1989 No 38
	sub 2000 No 28 s 6 sch 2
	renum 2000 No 28 s 6 sch 2
sch 1	sub 1986 No 32; 1991 No 41
	om 1993 No 8
	ins 1994 No 40
	sub 2000 No 43 s 5
sch 2	orig sch 2 sub 1986 No 32; 1991 No 4
	om 1993 No 8
	(prev sch 13) am 1986 No 32
	renum 2000 No 28 s 6 sch 2
sch  3	sub 1986 No 32; 1991 No 4
	om 1993 No 8
sch 4	am 1981 No 19
	sub 1986 No 32; 1991 No 4
	om 1993 No 8
sch 5-7	sub 1986 No 32; 1991 No 4
	om 1993 No 8
sch 8	sub 1986 No 32
	om 1989 No 13
sch 9	om 1989 No 13
sch 10, 11	om 1997 No 126
sch 12	am 1981 No 19; 1986 No 32
	om 1989 No 13

6	Table of earlier republications
Amendments to	Cut-off date	Republication number	
Act 1993 No 14	31 July 1993	(1)	
Act 1994 No 94	28 February 1995	(2)	
Act 2000 No 43	8 September 2000	3	

7	Table of renumbered provisions
as made by 2000 No 28 and under the Legislation (Republication) Act 1996
Previous	Renumbered as	Previous	Renumbered as	
3		2	47Q		27	
27A		4	47R		28	
27B		5	47S		29	
27C		6	47T		30	
27D		7	47U		31	
27E		8	47V		32	
27F		9	pt 4		pt 5	
28		10	47W		33	
29		11	47X		34	
30		12	47Y		35	
pt 3A		pt 4	47Z		36	
div 1, pt 4		div 4.1	47ZA		37	
47A		13	47ZB		38	
47B		14	48		39	
47C		15	48A		40	
47D		16	49		41	
47E		17	49 (1A)		41 (2)	
47F		18	49 (2)		49 (3)	
47G		19	50		42	
47H		20	51		43	
47J		21	52		44	
47K		22	53		45	
47L		23	53A		46	
47M		24	54		47	
div 2, pt 4		div 4.2	54A		48	
47N		25	55		49	
47P		26	sch 13		sch 2	

8	Penalties in this republication
The penalties in this republication have been revised in accordance with the Interpretation Act 1967, s 63.  The value of a penalty unit for an offence against this Act at the date of publication is, therefore—
	(a)	if the person charged is an individual—$100; or
	(b)	if the person charged is a corporation—$500.
See Interpretation Act 1967, s 33AA for additional information.

©  Australian Capital Territory 2000

The Copyright Act 1968 (Cwlth) permits certain reproduction and publication of this legislation.  For reproduction or publication beyond that permitted by the Act, written permission must be sought from the Government Printer, c/o Information Management and Libraries, Department of Urban Services, ACT Government, GPO Box 158, Canberra City ACT 2601.