Queensland Subordinate Legislation as Made

MEDICINES AND POISONS (POISONS AND PROHIBITED SUBSTANCES) REGULATION 2021

- Made under the Agricultural Chemicals Distribution Control Act 1966
- As at 17 September 2021
- Reg 141 of 2021

TABLE OF PROVISIONS

CHAPTER 1 - INTRODUCTION

   PART 1 - PRELIMINARY

   1.      Short title
   2.      Commencement
   3.      Definitions
   4.      Application of regulation

   PART 2 - CATEGORIES OF POISONS AND PROHIBITED SUBSTANCES

   5.      Regulated poisons
   6.      S2, S3, S4 and S8 poisons
   7.      High-risk poisons
   8.      Restricted S7 poisons
   9.      Non-restricted S7 substances
   10.     Low-risk fluoroacetic acid baits

   PART 3 - AUTHORISATIONS AND APPROVAL OF DEPARTMENTAL STANDARDS

   11.     Approved persons—Act, s 54
   12.     Departmental standards—Act, s 233

   PART 4 - EXEMPTIONS AND EXCLUSIONS

   13.     Exemption for reference material—Act, s 7
   14.     Excluded places—Act, s 60
   15.     Excluded S7 poisons—Act, s 60

CHAPTER 2 - STANDARD CONDITIONS FOR SUBSTANCE AUTHORITIES

   PART 1 - PRELIMINARY

   16.     Application of chapter—Act, s 70

   PART 2 - CONDITIONS FOR PARTICULAR TYPES OF SUBSTANCE AUTHORITIES

           Division 1 - Manufacturing licences

   17.     Application of division
   18.     Manufacturing supervisors
   19.     Quality control
   20.     Batch manufacturing records

           Division 2 - General approvals for controlling invasive animals

   21.     Application of division
   22.     Competency for dealings
   23.     Compliance with departmental standard for restricted S7 poisons

   PART 3 - CONDITIONS FOR PARTICULAR REGULATED POISONS

           Division 1 - Possession of high-risk poisons

              Subdivision 1 - Preliminary

   24.     Application of division
   25.     Definitions for division

              Subdivision 2 - High-risk poison register

   26.     Keeping register
   27.     Information that must be recorded in register
   28.     Corrections to register
   29.     Electronic register
   30.     Paper register
   31.     Reconciling register
   32.     Reporting lost, stolen or destroyed register

              Subdivision 3 - Storage and transportation

   33.     Storing and transporting high-risk poison

           Division 2 - Disposal of high-risk poisons

   34.     Application of division
   35.     Destroying high-risk poison

           Division 3 - Possession of particular hazardous poisons

   36.     Storage of S2, S3 or S4 poison

           Division 4 - Disposal of particular hazardous poisons

   37.     Application of division
   38.     Disposal of S2, S3 or S4 poison or S7 substance

   PART 4 - NOTIFICATION CONDITIONS

           Division 1 - Conditions for all regulated poisons

   39.     Application of division
   40.     Particular changes to persons or places
   41.     Stopping dealing

           Division 2 - Conditions for restricted S7 or high-risk poisons

   42.     Application of division
   43.     Loss of, or exposure to, poison

CHAPTER 3 - REQUIREMENTS FOR DEALINGS

   PART 1 - PRELIMINARY

   44.     Application of chapter—Act, s 91

   PART 2 - BUYING REGULATED POISONS BY WHOLESALE

   45.     Application of part
   46.     Definition for part
   47.     Buyer must give purchase order
   48.     Purchase order requirements
   49.     Buyer must give information about authorisation
   50.     Buyer to keep invoice

   PART 3 - SUPPLYING REGULATED POISONS

           Division 1 - Supply to buyers

   51.     Application of division
   52.     Definition for division
   53.     Supply to authorised buyer only
   54.     Labels and containers to comply with Poisons Standard or approved alternatives
   55.     Supplier must give invoice
   56.     Supplier to ensure buyer confirms receipt of restricted S7 or high-risk poisons
   57.     Direct delivery

           Division 2 - Supply of low-risk fluoroacetic acid baits

   58.     Application of division
   59.     Supply to landholders

           Division 3 - Supply of liquid paraquat

   60.     Application of division
   61.     Treating liquid paraquat

   PART 4 - OTHER DEALINGS WITH REGULATED POISONS

   62.     Applying regulated poisons safely
   63.     Possessing low-risk fluoroacetic acid baits
   64.     Storing and transporting S7 substances
   65.     Disposal of waste from low-risk fluoroacetic acid baits

CHAPTER 4 - SUBSTANCE MANAGEMENT PLANS

   66.     Regulated places and responsible persons—Act, s 92
   67.     Matters for plan—Act, s 93
   68.     Review of plan—Act, s 93

CHAPTER 5 - OFFENCES

   PART 1 - S5 AND S6 POISONS

           Division 1 - Supplying S5 and S6 poisons

   69.     Compliance with Poisons Standard or approved alternatives
   70.     Retail sale and storage of S6 poisons
   71.     Supplying unsolicited S5 and S6 poison samples

           Division 2 - Possessing S5 and S6 poisons

   72.     Definitions for division
   73.     Interfering with labelling
   74.     Decanting poisons
   75.     Cracked and damaged packaging
   76.     Contaminating food or drink containers

           Division 3 - Disposing of waste from S5 and S6 poisons

   77.     Safe disposal of waste

   PART 2 - ADVERTISING

   78.     Unlawful advertising of prohibited substances
   79.     Unlawful advertising of hazardous poisons

   PART 3 - RECORD KEEPING

   80.     Recording information
   81.     Keeping information

CHAPTER 6 - ADMINISTRATION

   PART 1 - ADMINISTRATION BY CHIEF EXECUTIVE

   82.     Chief executive may approve alternative ways of labelling or packaging poisons
   83.     Replacing lost, stolen or damaged hard copy substance authorities

   PART 2 - FEES

           Division 1 - General

   84.     Definitions for part and schedule 6
   85.     Fees payable generally

           Division 2 - Exemptions

   86.     Manufacturing licence for hazardous poisons
   87.     Wholesale licence for hazardous poisons

           Division 3 - Refunds

   88.     Rejected or withdrawn application
   89.     Authority granted for shorter term
   90.     Surrender of authority

CHAPTER 7 - SAVINGS AND TRANSITIONAL PROVISIONS

   91.     Certified way of packaging
   92.     Certified way of labelling

CHAPTER 8 - AMENDMENT OF OTHER REGULATIONS

   93.     Regulations amended
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           SCHEDULE 5
           SCHEDULE 6
           SCHEDULE 7
           SCHEDULE 8