Australian Capital Territory
Poisons Regulations 1933     
made under the
Poisons Act 1933
Republication No 5
Republication date: 7 December 2001
Last amendment made by Act 2001 No 44
Amendments incorporated to 12 September 2001

Unauthorised version prepared by ACT Parliamentary Counsel's Office

About this republication
The republished law
This is a republication of the Poisons Regulations 1933, made under the Poisons Act 1933 as in force on 7 December 2001.  It includes any amendment, repeal or expiry affecting the republished law to 12 September 2001 and any amendments made under the Legislation Act 2001, part 11.3 (Editorial changes).  
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.  
When preparing the authorised version of this republication amendments were 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—
	(a)	if the person charged is an individual—$100; or
	(b)	if the person charged is a corporation—$500.

Amendments incorporated to
12 September 2001

Australian Capital Territory
Poisons Regulations 1933
made under the
Poisons Act 1933
Contents
	Page
	1	Name of regulations	2
	2	Definitions for regulations	2
	4	Prescriptions	2
	5	Dispensing	3
	6	Periods for which books etc are to be preserved	6
Endnotes
	1	About the endnotes	7
	2	Abbreviation key	7
	3	Legislation history	8
	4	Amendment history	9
	5	Earlier republications	12

Amendments incorporated to
12 September 2001

Australian Capital Territory
Poisons Regulations 1933     

made under the
Poisons Act 1933

    

  

1	Name of regulations
These regulations are the Poisons Regulations 1933.
2	Definitions for regulations
In these regulations:
Note	A definition applies except so far as the contrary intention appears (see Legislation Act 2001, s 155).
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.
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 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 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 endnotes.
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.
If the republished law includes penalties, current information about penalty unit values appears on the republication inside front cover.
2	Abbreviation key

am = amended	ord = ordinance	
amdt = amendment	orig = original	
ch = chapter	p = page	
cl = clause	par = paragraph	
def = definition	pres = present	
dict = dictionary	prev = previous	
disallowed = disallowed by the Legislative 	(prev...) = previously	
Assembly	prov = provision	
div = division	pt = part	
exp = expires/expired	r = rule/subrule	
Gaz = Gazette	reg = regulation/subregulation	
hdg = heading	renum = renumbered	
ins = inserted/added	reloc = relocated	
LA = Legislation Act 2001	R[X] = Republication No	
LR = legislation register	s = section/subsection	
LRA = Legislation (Republication) Act 1996	sch = schedule	
mod = modified / modification	sdiv = subdivision	
No = number	sub = substituted	
o = order	SL  = Subordinate Law	
om = omitted/repealed	underlining = whole or part not commenced	
3	Legislation history
The Poisons Regulations 1933 were originally made under the Poisons and Drugs Ordinance 1933 (now the Poisons Act 1933). 
The Poisons Regulations 1933 was originally the Poisons Regulations.  They were renamed by the Health and Community Care Legislation Amendment Act 2000 No 28 (see sch 3).
Before 11 May 1989, regulations commenced on notification day unless otherwise stated (see Interpretation Ordinance 1914, s 5, Interpretation Ordinance 1937 s 16, Interpretation Act 1967 s 50, Subordinate Laws Act 1989 s 6).
Poisons Regulations 1933
notified 21 December 1933
commenced 1 January 1934
as amended by
Poisons Regulations 1963 No 2
notified 13 June 1963
commenced 13 June 1963
Poisons Regulations 1976 No 22
notified 3 November 1976
commenced 3 November 1976
Poisons Regulations 1977 No 4
notified 22 February 1977
commenced 22 February 1977
Poisons Regulations 1979 No 3
notified 7 March 1979
commenced 7 March 1979
Poisons Regulations 1979 No 26
notified 29 November 1979
commenced 29 November 1979
Poisons Regulations 1980 No 3
notified 25 March 1980
commenced 25 March 1980
Poisons Regulations 1988 No 13
notified 1 July 1988
commenced 2 July 1988
Poisons Regulations 1989 No 5
notified 15 March 1989
commenced 15 March 1989
Health Services (Consequential Provisions) Act 1990 No 63 sch 2
notified 28 December 1990
s 1, s 2 commenced 28 December 1990 (s 2 (1))
sch 2 commenced 31 January 1991 (s 2 (2) and Gaz 1991 No S4)
Health (Consequential Provisions) Act 1993 No 14 sch 2
notified 1 March 1993
sch 2 commenced 1 March 1993 (s 2)
Public Health (Miscellaneous Provisions) Act 1997 No 70 sch 2
notified 9 October 1997
s 1, s 2 commenced 9 October 1997 (s 2 (1))
sch 2 commenced 13 August 1998 (s 2 (2) and Gaz 1998 No S185)
Health and Community Care Legislation Amendment Act 2000 No 28 sch 3
notified 30 June 2000 (Gaz 2000 No S30)
s 1, s 2 commenced 30 June 2000 (IA s 10B)
sch 3 commenced 1 July 2000 (s 2)
Legislation (Consequential Amendments) Act 2001 No 44 pt 288
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 288 commenced 12 September 2001 (s 2 and Gaz 2001 No S65)
4	Amendment history
Preliminary
pt 1 hdg	om 1980 No 3
Name of regulations
reg 1	sub Act 2000 No 28 sch 3
Definitions for regulations
reg 2	orig reg 2 am 1963 No 2
	om 1976 No 22
	ins Act 2000 No 28 sch 3
	am Act 2001 No 44 amdt 1.3229
	def the Act om Act 2001 No 44 amdt 1.3230
Licences
reg 3	am 1963 No 2; 1989 No 5; Act 1997 No 70
	sub Act 2000 No 28 sch 3
	om Act 2001 No 44 amdt 1.3231
Prescriptions
reg 4	orig reg 4 am 1977 No 4; 1988 No 13; 1989 No 5; Act 1990 No 63 sch 2; Act 1997 No 70 sch 2
	om Act 2000 No 28 sch 3
	(prev reg 12) am 1963 No 2; 1979 No 3; 1989 No 5; Act 2000 No 28 sch 3
	renum R4 LRA (see Act 2000 No 28 sch 3)
The sale of poisons and poisonous substances
pt 2 hdg	om 1979 No 26
Dispensing
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 sch 3; R4 LRA (see Act 2000 No 28 sch 3)
	renum R4 LRA (see Act 2000 No 28 sch 3)
Periods for which books etc are to be preserved
reg 6	orig s 6 om 1979 No 3
	(prev reg 23) am 1979 No 26
	renum R4 LRA (see Act 2000 No 28 sch 3)
Requirements to be complied with
reg 7	am 1977 No 4
	om 1979 No 3
The sale of methylated spirit
pt 3 hdg	om 1979 No 26
Sale of methylated spirit
reg 8	am 1976 No 22
	om 1979 No 3
Vendor of methylated spirit to hold licence
reg 9	om 1979 No 3
Hours of sale
reg 10	am 1977 No 4
	om 1979 No 3
The sale of narcotic drugs
pt 4 hdg	sub 1963 No 2
	om 1979 No 26
Non-application of Part 4
reg 11	om 1979 No 3
Marking of containers with amount of narcotic drug contained therein
reg 14	om 1979 No 3
Label to be affixed when prescription last dispensed
reg 15	om 1979 No 3
Narcotic drugs to be locked up in cupboard
reg 16	sub 1977 No 4
	om 1989 No 5
Storage of narcotic drugs by pharmacists etc
reg 16A	ins 1977 No 4
	am 1988 No 13
	om 1989 No 5
Requirements for cabinets
reg 16B	ins 1977 No 4
	am 1979 No 26; 1988 No 13
	om 1989 No 5
Persons selling narcotic drugs to comply with certain requirements
reg 17	am 1977 No 4
	om 1979 No 3
Records to be kept by medical practitioners etc
reg 18	om 1979 No 3
Records to be kept by pharmacists
reg 19	om 1979 No 3
Supply of narcotic drugs for the purpose of addiction
reg 20	om 1979 No 3
Delivery of narcotic drugs to unauthorised persons
reg 21	om 1979 No 3
Records to be kept by manufacturers
reg 22	am 1977 No 4; 1979 No 26; 1988 No 13
	om 1989 No 5
Miscellaneous
pt 5 hdg	om 1980 No 3
Penalties
reg 24	am 1977 No 4
	om Act 2000 No 28 sch 3
Licence
sch	sub 1977 No 4
	am 1988 No 13; 1989 No 5; Act 1990 No 63; Act 1993 No 14; Act 1997 No 70
	om Act 2000 No 28 sch 3
5	Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.

Republication No	Amendments to	Republication date	
1	SL 1989 No 5	30 June 1991	
2	Act 1993 No 14	30 November 1996	
3	Act 1997 No 70	31 July 1999	
4	Act 2000 No 28	28 August 2000	

Unauthorised version prepared by ACT Parliamentary Counsel's Office

©  Australian Capital Territory 2001