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Poisons code

Page contents: Notice | Chapter 1 | Chapter 2 | Chapter 3

Drugs, Poisons and Controlled Substances Act 1981 Sections 12G and 12K

I, Daniel Andrews, Minister for Health, give notice that the Poisons Code, prepared under sections 12 and 12E of the Drugs, Poisons and Controlled Substances Act 1981 (the Act), will be amended.

The Act enables the Poisons Code to contain in the Poisons List (a) a list of Schedule 1 poisons, (b) a list of any of the substances in Schedule 1 of the Poisons List or Schedules 2 to 9 of the Commonwealth standard or the Appendices to the Commonwealth standard that are not for general sale by retail, and (c) a list of exemptions from Schedule 1 of the Poisons List or Schedules 2 to 9 of the Commonwealth standard.

The amendment is needed to the current Poisons Code, in Chapter 1 Part 3 – Exemptions, to ensure consistency in intention between substances exempted from the Poisons Code and those exempted from the Commonwealth standard.

New entry

1.3 A substance is not included in a Schedule of the Commonwealth standard in the circumstances described in items (h), (i), (j) and (k) of paragraph 1(2) of Part 1 and Appendices A and G of Part 5 of the Commonwealth standard as in force from time to time.

The date of effect for the amendment is 13 February 2009.

The Poisons Code may be inspected free of charge during normal business hours at the offices or Library of the Department of Health situated at 50 Lonsdale Street, Melbourne 3000, or can be obtained directly from the Department of Health.  Contact the Duty Officer on phone 1300 364 545.  The Poisons Code is also published on the Department of Health website www.health.vic.gov.au/dpu.

HON DANIEL ANDREWS MP
MINISTER FOR HEALTH

Date: 4 March 2009

POISONS CODE

Chapter 1 - Poisons list

Part 1 - The poisons list

1.1 The schedules of the poisons list is:

SCHEDULE: 1
SCHEDULE HEADING:       No heading.
SUBSTANCES: There are no substances included in this schedule.


Part 2 - List of substances that are not for general sale by retail

1.2 The substances that are not for general sale by retail are the substances listed below -

ACRYLONITRILE.

ARSENIC when it is a Schedule 7 poison.

BENZENE when it is a Schedule 7 poison.

CACODYLIC ACID when it is a Schedule 7 poison.

CYANIDES, METALLIC when they are Schedule 7 poisons.

1,2-DIBROMO-3-CHLOROPROPANE.

4-DIMETHYLAMINOAZOBENZENE.

FLUOROACETAMIDE when it is a Schedule 7 poison.

FLUOROACETIC ACID except when included as sodium monofluoroacetate or sodium fluoroacetate (commonly known as “1080” or “ten-eighty”) in ready-to-use bait products that are:

  1. registered by the Australian Pesticides and Veterinary Medicines Authority (“the Authority”) under Part 2 of the Agvet Code; or
  2. permitted to be possessed or supplied under a ‘permit for supplying a perishable bait treated with a registered chemical product’ issued by the Authority under Part 7 of the Agvet Code.

HYDROCYANIC ACID when it is a Schedule 7 poison.

4,4’-METHYLENEBIS[2-CHLOROANILINE].

NICOTINE for human use when it is a Schedule 7 poison.

OVULATORY STIMULANTS, the following substances -
clomiphene for human use; and
cyclofenil for human use.

PROSTAGLANDINS, the following substances -
dinoprost for human use; and
dinoprostone for human use.

RETINOIDS, the following substances -
acitretin for human use; and
bexarotene for human use; and
etretinate for human use; and
isotretinoin for human oral use; and
tretinoin for human oral use.

SPECIAL SCHEDULE 7 SUBSTANCES, the following -
the substances listed in Appendix C of Part 5 of the Commonwealth standard as in force from time to time.

STRYCHNINE when it is a Schedule 7 poison.

THALIDOMIDE for human use.

THALIDOMIDE-LIKE SUBSTANCES, the following –
lenalidomide for human use.

THALLIUM when it is a Schedule 7 poison.

VINYL CHLORIDE when it is a Schedule 7 poison.

Part 3 - Exemptions

1.3 A substance is not included in a Schedule of the Commonwealth Standard in the circumstances described in items (h), (i), (j) and (k) of paragraph 1(2) of Part 1 and Appendices A and G of Part 5 of the Commonwealth standard as in force from time to time.

Chapter 2 - Interpretation

2.1 The interpretations included in Part 1 of the Commonwealth standard as in force from time to time are incorporated by reference for the purposes of this Code.

Chapter 3 - Revocation

3.1 Previous Poisons Code revoked

The Poisons Code prepared under sections 12 and 12E of the Drugs. Poisons and Controlled Substances Act 1981on 10 July 1997, that became effective on 1 August 1997, and was subsequently amended on 20 September 1997, 19 December 1997, 19 March 1998, 19 June 1998, 20 September 1998, 21 September 1998, 23 September 1998, 19 December 1998, 18 March 1999, 18 June 1999, 29 July 1999, 19 September 1999, 3 February 2000, 17 March 2000, 2 May 2004, 10 November 2004, 1 October 2006, 1 January 2008 and 1 January 2009 is revoked.