Australian Capital Territory

Poisons Regulations 1933
in force under the
Poisons Act 1933
Republication No 4A
As in force on 28 August 2000
Includes all amendments up to Act 2000 No 28

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
28 August 2000

Australian Capital Territory

Poisons Regulations 1933
in force under the
Poisons Act 1933
CONTENTS
	Page

	1	Name of regulations	1
	2	Definitions for regulations	1
	3	Licences	2
	4	Prescriptions	2
	5	Dispensing	3
	6	Periods for which books etc are to be preserved	5
	ENDNOTES
	1	 About this republication	6
	2	 About the republished subordinate law	6
	3	 Abbreviation key	6
	4	Table of legislation	7
	5	Table of amendments	7
	6	Table of earlier republications	8
	7	Table of renumbered provisions	10

As in force on
28 August 2000

Australian Capital Territory

Poisons Regulations 1933
in force under the
Poisons Act 1933
1	Name of regulations
 	These regulations are the Poisons Regulations 1933.
2	Definitions for regulations
Note	A definition applies except so far as the contrary intention appears (see Interpretation Act 1967, s 11G as applied by the Subordinate Laws Act 1989, s 9).
	In these regulations:
prescriber, for a prescription, means a person authorised to give the prescription.
recipient, for a prescription, means the person for whom the prescription is given and, for a prescription given for the treatment of an animal, means an owner of the animal or a person who has the care of the animal.
the Act means the Poisons Act 1933.
3	Licences
	A licence issued by the chief health officer must be in the form approved by the chief health officer.
4 	Prescriptions
(1)	Except in an emergency, a pharmacist must not dispense any prescription for the supply of a biological preparation or a restricted substance unless the prescription complies with the following conditions:
	(a)	the prescription must—
	(i)	be in writing; and
	(ii)	be dated; and
	(iii)	state the prescriber’s name, address and telephone number; and
	(iv)	state the name and address of the recipient; and
	(v)	be written in terms and symbols used in ordinary professional practice; and
	(vi)	if the prescription is to be dispensed more than once—state the number of times it is to be dispensed and the period that must elapse between each dispensing; and
	(vii)	if it provides for an unusual or dangerous dose—indicate that the dose is intentionally prescribed; and
	(viii)	be signed with the usual signature of the prescriber;
	(b)	if given by a dentist for the purpose of dental treatment—the prescription shall be endorsed ‘For dental treatment only’;
	(c)	if given by a veterinary surgeon—the prescription shall be for the purposes of treatment of animals and shall be endorsed ‘For animal treatment only’.
(2) 	A person must not contravene subregulation (1).
Maximum penalty:  5 penalty units.
(3) 	In an emergency—
	(a)	the pharmacist must comply with as many conditions under subregulation (1) as are practicable; and
	(b)	if the prescription is communicated orally to the pharmacist—the person communicating it must write out the prescription promptly and ensure that it is given to the pharmacist without delay.
Maximum penalty:  5 penalty units.
5 	Dispensing
(1) 	A biological preparation or a restricted substance must not be dispensed by a person who is not—
	(a)	a doctor, pharmacist or veterinary surgeon; or
	(b)	a person acting under the direct supervision of a doctor, pharmacist or veterinary surgeon.
Maximum penalty:  5 penalty units.
(2) 	The following conditions shall be observed by persons dispensing prescriptions containing a biological preparation or restricted substance:
	(a)	a person shall not dispense a biological preparation or a restricted substance except upon a prescription complying with these regulations;
	(b)	a biological preparation or restricted substance must not be dispensed more than once on the same prescription unless the prescription indicates that it is to be dispensed a stated number of times;
	(c)	if the prescription indicates that a biological preparation or restricted substance is to be dispensed a stated number of times—the preparation or substance must not be dispensed on the prescription more than the stated number of times or more frequently than the period stated in the prescription as the period that must elapse between each dispensing;
	(d)	the prescription shall be stamped, marked or inscribed in writing with the date on which it is dispensed, and with the name and business address of the person who dispensed it;
	(e)	the person who dispenses the prescription for the last occasion shall durably and legibly endorse the prescription with the word ‘Cancelled’;
	(f)	a person shall not dispense a prescription endorsed as ‘Cancelled’ or which has, or appears to have, been written more than 12 months before its presentation;
	(g)	a person shall not dispense a prescription for a substance containing a biological preparation or a restricted substance if he or she has reason to believe that the prescription is not genuine;
	(h)	the label on the bottle or package containing a biological preparation or restricted substance must—
	(i)	state the name of the recipient and, for a preparation or substance dispensed for an animal, the species of the animal; and
	(ii)	state the date when it was dispensed; and
	(iii)	state the name, business address and telephone number of the person who dispenses the preparation or substance; and
	(iv)	if a pharmacist is dispensing the preparation or substance and more than 1 pharmacist is dispensing at the same place at that time—include the initials or other identification of the pharmacist who dispenses the preparation or substance; and
	(v)	state the prescription reference or identifying number that appears in the record of prescriptions kept where the preparation or substance is dispensed; and
	(vi)	describe the contents of the preparation or substance using the name given by the manufacturer or its generic name; and
	(vii)	state the form, strength and quantity of the contents; and
Example—
Prozac Capsules    20mg    28.
	(viii)	contain adequate directions for the safe and proper use of the preparation or substance; and
	(ix)	contain any warning statement in Appendix K to the drugs and poisons standard, or in paragraph 45 of Part 3 of the standard, applying to the preparation or substance; and
	(x)	contain words to the effect ‘Keep out of the reach of children’;
	(i)	the record of prescriptions shall be kept at the place at which the drug is dispensed and shall at all reasonable times be produced when demanded by an authorised person;
	(j)	a person shall not dispense a prescription which is illegible or defaced or which appears to have been altered;
	(k)	a prescription for a substance containing a biological preparation or a restricted substance which is suspected by a pharmacist to whom it is presented of having been forged or of having been fraudulently issued, or of not bearing the signature of a doctor, dentist or veterinary surgeon shall, notwithstanding that it is not dispensed, be retained by the registered pharmacist.
(3) 	A person must not contravene subregulation (2).
Maximum penalty:  5 penalty units.
6 	Periods for which books etc are to be preserved
	All books, records and documents which are required to be kept or retained for a prescribed period shall (unless otherwise prescribed), in the case of books or records, be preserved for a period of 2 years from the date on which the last entry is made, and, in the case of any document, for a period of 2 years from the date on which it is first received.

ENDNOTES
1		About this republication
This is a republication of the Poisons Regulations 1933 as in force under the Poisons Act 1933 on 28 August 2000.  It includes all amendments made to the regulations up to Act 2000 No 28.
Amending laws are annotated in the table of legislation and table of amendments.
This subordinate law has been renumbered.  See the table of renumbered provisions for details.
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 from 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 subordinate law
The Poisons Regulations 1933 were originally the Poisons Regulations.  They were renamed by the Health and Community Care Legislation Amendment Act 2000 No 28 (see s 11 sch 3). 
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
Subordinate law*	Year and number*	Gazette
notification	Commencement	Transitional provisions	

Poisons Regulations	—	21 Dec 1933	1 Jan 1934		
	1963 No 2	13 June 1963	13 June 1963	—	
	1976 No 22	3 Nov 1976	3 Nov 1976	—	
	1977 No  4	22 Feb 1977	22 Feb 1977	—	
	1979 No 3	7 Mar 1979	7 Mar 1979	—	
	1979 No 26	29 Nov 1979	29 Nov 1979	—	
	1980 No 3	25 Mar 1980	25 Mar 1980	—	
	1988 No 13	1 July 1988	2 July 1988	reg 3	
	1989 No 5	15 Mar 1989	15 Mar 1989	—	
Health Services (Consequential Provisions) Act 1990	Act 1990 No 63	28 Dec 1990	ss 1 and 2: 28 Dec 1990
remainder: 31 Jan 1991 (see Gaz 1991 No S4)	—	
Health (Consequential Provisions) Act 1993	Act 1993 No 14	1 Mar 1993	1 Mar 1993	—	
Public Health (Miscellaneous Provisions) Act 1997	Act 1997 No 70	9 Oct 1997	s 43: 13 Aug 1998 (see Gaz 1998
 No S185)	—	
Health and Community Care Legislation Amendment Act 2000	Act 2000 No 28	30 June 2000	ss 1 and 2:  30 June 2000
remainder: 1 July 2000
	—	

5	Table of amendments

Provision	How affected*

hdg to pt I	om 1980 No 3
reg 1	sub Act 2000 No 28 s 11 sch 3
reg 2	am 1963 No 2
	om 1976 No 22
	ins Act 2000 No 28 s 11 sch 3
reg 3	am 1963 No 2; 1989 No 5; Act 1997 No 70
	sub Act 2000 No 28 s 11 sch 3
reg 4	orig reg 4 am 1977 No 4; 1988 No 13; 1989 No 5; Acts1990 No 63 and 1997 No 70
	om Act 2000 No 28 s 11 sch 3
	(prev reg 12) am 1963 No 2; 1979 No 3; 1989 No 5; Act 2000 No 28 
s 11 sch 3
	renum Act 2000 No 28 s 11 sch 3
hdg to pt II	om 1979 No 26
reg 5	orig reg 5 om 1979 No 3
	(prev reg 13) am 1963 No 2; 1979 No 26; 1989 No 5; Act 2000 No 28 
s 11 sch 3
	renum Act 2000 No 28 s 11 sch 3
reg 6	orig s 6 om 1979 No 3
	(prev reg 23) am 1979 No 26
	renum Act 2000 No 28 s 11 sch 3
reg 7	am 1977 No 4
	om 1979 No 3
hdg to pt III	om 1979 No 26
reg 8	am 1976 No 22
	om 1979 No 3
reg 9	om 1979 No 3
reg 10	am 1977 No 4
	om 1979 No 3
hdg to pt IV	sub 1963 No 2
	om 1979 No 26
reg 11	om 1979 No 3
regs 14, 15	om 1979 No 3
reg 16	sub 1977 No 4
	om 1989 No 5
reg 16A	ins 1977 No 4
	am 1988 No 13
	om 1989 No 5
reg 16B	ins 1977 No 4
	am 1979 No 26; 1988 No 13
	om 1989 No 5
reg 17	am 1977 No 4
	om 1979 No 3
regs 18-21	om 1979 No 3
reg 22	am 1977 No 4; 1979 No 26; 1988 No 13
	om 1989 No 5
hdg to pt V	om 1980 No 3
reg 24	am 1977 No 4
	om Act 2000 No 28 s 11 sch 3
sch	sub 1977 No 4
	am 1988 No 13; 1989 No 5; Acts 1990 No 63, 1993 No 14 and 1997 
No 70
	om Act 2000 No 28 s 11 sch 3

6	Table of earlier republications
Amendments to	Cut-off date	Republication number	
SL 1989 No 5	30 June 1991	(1)	
Act 1993 No 14	30 November 1996	(2)	
Act 1997 No 70	31 July 1999	3	
Act 1997 No 70	31 July 1999	3A	
Act 2000 No 28	28 August 2000	4	

7	Table of renumbered provisions
as made by Act No 2000 No 28 and under the Legislation (Republication) Act 1996
Previous	Renumbered as	Previous	Renumbered as	
12		4	13 (3) (f)		5 (2) (g)	
13		5	13 (3) (g)		5 (2) (h)	
13 (3)		5 (2)	13 (3) (h)		5 (2) (i)	
13 (3) (ba)		5 (2) (c)	13 (3) (i)		5 (2) (j)	
13 (3) (c)		5 (2) (d)	13 (3) (j)		5 (2) (k)	
13 (3) (d)		5 (2) (e)	13 (4)		5 (3)	
13 (3) (e)		5 (2) (f)	23		6	

©  Australian Capital Territory 2000

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