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POISONS ACT.

Act No. 54, 1952.

An Act to regulate and control the sale and useof poisons, poisonous substances and prep-arations, and certain drugs; to establish aPoisons Advisory Committee and to defineits powers, authorities, duties and functions;to amend the Pharmacy (Amendment) Act,1940, and certain other Acts; to repealthe Poisons Act, 1902; and for purposesconnected therewith. [Assented to, 4thDecember, 1952.]

BE

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B E it enacted by the Queen's Most Excellent Majesty,by and with the advice and consent of the Legislative Council and Legislative Assembly of New SouthWales in Parliament assembled, and by the authority of the same, as follows:

PART I.

PRELIMINARY.

1. (1) This Act may be cited as the "Poisons Act,1952."

(2) (a) This Act shall commence upon such day ordays as may be appointed and notified pursuant toparagraph (b) of this subsection.

(b) The Governor may, from time to time,appoint and notify by proclamation published in theGazette the day upon which any Part or provision of thisAct specified in the proclamation shall commence and mayappoint and notify different days for different Parts orprovisions (whether contained in the same Part orsection or in different Parts or sections) and the Part orprovision so specified shall commence accordingly.

(3) This Act is divided into Pa rt s, as follows :

PART I.PRELIMINARY ss. 1-4.

PART II.POISONS ADVISORY COMMITTEE ANDPOISONS LIST ss . 5-7.

PART III.POISONS SS. 8-21.

PART IV.POISONOUS SUBSTANCES ss. 22-25.

PART V.RESTRICTED DRUGS s. 26.

PART VI.CYANIDE OF POTASSIUM ss. 27-34.

PART VII.GENERAL SS. 35-48.

S C H E D U L E .

2. (1) The enactments mentioned in the Schedule tothis Act are, to the extent therein expressed, herebyrepealed.

(2)

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(2) All certificates granted under the proviso tosubsection one of section five of the Poisons Act, 1902,and in force immediately before the commencement of this section shall be deemed to be licenses issued undersection nine of this Act.

3. In this Act, unless the context or subject matterotherwise indicates or requires

"Apprentice" means a person

(a) serving as an apprentice in the businessof a pharmacist in New South Waleskeeping open shop for the purpose of dispensing and compounding medicalprescriptions;

(b) serving as an apprentice to a pharma-cist in charge of a dispensary of afriendly society;

(c) serving as an apprentice to a pharma-cist who is also a managing director orgeneral manager of a company where

such apprenticeship is being served inopen shop kept by such company in NewSouth Wales for the purpose of dispens-ing and compounding medical prescrip-tions; or

(d) serving as an apprentice to a pharma-cist in charge of a dispensary in an openshop kept by a company in New SouthSouth Wales for the purpose of dispens-ing and compounding medicines.

"Assistant" means a person who having passedthrough a regular graded course in pharmacy of three years duration at the University of Sydneyand having qualified at that University for adegree or diploma in pharmacy

(a) is serving as an assistant in the busi-ness of a pharmacist in New SouthWales keeping open shop for the pur-pose of dispensing and compoundingmedical prescriptions;

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(b) is serving as an assistant to a pharma-cist in charge of a dispensary of afriendly society;

(c) is serving as an assistant to a pharmacist who is also a managing director orgeneral manager of a company wheresuch assistantship is being served inopen shop kept by such company in NewSouth Wales for the purpose of dispensing and compounding medical prescrip

tions; or(d) is serving as an assistant to a pharmacist in charge of a dispensary in an openshop kept by a company in New SouthWales for the purpose of dispensing andcompounding medicines.

"Automatic machine" means any machine ormechanical device used or capable of being usedfor the purpose of selling or supplying goodswithout the personal manipulation or attentionof the seller or supplier or his employee or otheragent at the time of the sale or supply.

"Board" means the Pharmacy Board of New SouthWales.

"Committee" means the Poisons Advisory Committee.

"Container," when used in relation to any substance,material, body or thing referred to in this Act,means any vessel, bottle, tube, capsule, tin, box,case, wrapper, cover or other like receptacle orenvelope which immediately contains such substance, material, body or thing.

"Dentist" means a person registered, or deemed to

be registered, as a dentist under the DentistsAct, 1934-1946."Label" includes any tag, brand, mark or statement

in writing on or attached to or used in connection with any container or package containingany poison or poisonous substance or preparation; and "labelled" has a corresponding interpretation.

"License"

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"License" means a valid and unexpired license orrenewal of a license.

"Licensee" means the person named in the license."Medical practitioner" means a legally qualified

medical practitioner."Package," when used in relation to any substance,

material, body or thing referred to in this Act,includes every means by which such substance,material, body or thing may, for transport or

for carriage or for storage or for sale, be cased,covered, enclosed, contained or packed."Pharmacist" means a person who is a registered

pharmacist within the meaning of the PharmacyAct, 1897-1952.

"Poi son" means any substance included in ScheduleOne of the Poisons List.

Poisonous substance" means any substanceincluded in Schedule Two of the Poisons List.

"Poisons List" has the meaning assigned to it bysubsection six of section five of this Act.

"Prescribed" means prescribed by this Act or bythe regulations.

"Public institution" means(a) any Government Department, public

hospital, the University of Sydney, orthe New South Wales University of Technology; or

(b) any other institution or establishmentwhich the Governor by order publishedin the Gazette declares to be a publicinstitution for the purposes of this Act.

"Regulations" means regulations made under thisAct."Restricted drug" means any substance included in

Schedule Three of the Poisons List."Sell" includes sell whether by wholesale or retail

and barter and exchange; and also includes dealing in, agreeing to sell, or offering or exposingfor sale, or keeping or having in possession for

sale,

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sale, or sending, forwarding, delivering or receiving for sale or on sale, or authorising, directing, causing, suffering, permitting or attemptingany of such acts or things; and "sale" and eachof the other derivations of "sell" have corresponding interpretations.

"Substance" includes preparation or admixture of any substance.

"Trade purposes" means the purposes of any prescribed profession, business, trade or industrybut does not include resale.

"Veterinary surgeon" means a person registered asa veterinary surgeon under the VeterinarySurgeons Act, 1923-1952.

"Wholesale" means sale or supply for the purposesof resale.

"Wholesale dealing" means

(a) sale or supply by wholesale dealersin the ordinary course of wholesale

dealing to persons licensed or specifically authorised under this Act or theregulations to be in possession of or tosell poisons or poisonous substances orrestricted drugs; and

(b) includes sale or supply to other personsin wholesale quantities in the ordinarycourse of wholesale dealing and foruse in connection with any prescribedprofession, business, trade or industryor any public institution but not forresale.

4 . The Minister may from time to time, by orderpublished in the Gazette, exempt

(a) any Government Department;(b) any council within the meaning of the Local

Government Act, 1919, as amended by subsequent Acts.

(c)

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(c) any pastures protection board constituted orcontinued by or under the Pastures ProtectionAct, 1934-1951,

specified in the order from all of the provisions of thisAct or from such of those provisions as may be specifiedin the order, and thereupon the provisions of this Actor such of them as are so specified, as the case may be,shall not apply to or in respect of the GovernmentDepartment, council or pastures protection boardspecified in the order

PART II.POISONS ADVISORY COMMITTEE AND POISONS LIST.

DIVISION 1. Poisons Advisory Committee.

5 . ( 1 ) For the purposes of this Act there shall be aPoisons Advisory Committee which shall consist of fourteen members.

(2) The members of the Committee shall be(a) the persons for the time being holding the offices

of Director-General of Public Health, SeniorMedical Officer of Health, Senior Analyst in theDepartment of Public Health and Chief Veterinary Surgeon in the Department of Agriculture; and

(b) ten members appointed by the Governor (inthis section referred to as "appointedmembers") of whom

(i) two shall be representatives of theUniversity of Sydney;

(ii) one shall be a medical practitionerrepresenting the British MedicalAssociation, New South Wales Branch;

(iii) one shall be a representative of theBoard;

(iv) one shall be a representative of theSydney Chamber of Commerce;

(v).

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(v) one shall be a representative of theChamber of Manufactures of NewSouth Wales;

(vi) one shall be appointed on the nomination of the Minister for Agriculture torepresent agricultural and pastoralorganisations;

(vii) one shall be a representative of theAustralian Dental Association, NewSouth Wales Branch.

(viii) one shall be a representative of theFederated Pharmaceutical ServiceGuild of Australia, New South WalesBranch;

(ix) one shall be a representative of TheCountry Traders' Association of N.S.W.

(3) The Director-General of Public Health shallbe chairman of the Committee.

(4) The chairman shall preside at all meetings of the Committee at which he is present and in his absencethe Senior Medical Officer of Health shall preside.

If the chairman and the Senior Medical Officer of Health are both absent from any meeting, the memberspresent shall appoint one of their number to preside atthat meeting.

The chairman or member presiding at any meetingshall have a deliberative vote and, in the event of anequality of votes, a second or casting vote.

(5) (a) The procedure for the calling of meetingsof the Committee and for the conduct of business at suchmeetings shall, subject to any regulations in relationthereto and to this Act, be as determined by the

Committee.(b) The number of members who shall

constitute a quorum of the Committee shall be asprescribed.

(6) The appointed members of the Committee shallhold office for a period of three years and shall be eligiblefor reappointment.

(7)

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(7) If any casual vacancy occurs in the office of an appointed member of the Committee the Governormay appo int a perso n having the like qualification orbeing representative of the like interest as his pre-decessor, who shall hold office for the balance of hispredecessor's term of office.

Where the vacancy is a vacancy in the office of themember referred to in subparagraph (vi) of paragraph(b) of subsection two of this section, the appointmentshal l be made on the recommendation of the Minis ter forAgriculture.

(8) The Governor may remove any appointedmember for neglect of duty, incompetence, dishonourableconduct, or other cause deemed sufficient by the Governor.

(9) The appointed members of the Committee shallbe paid such fees as may be determined by the Governor.

(10) (a) No act or proceeding of the Committeeshall be invalidated or prejudiced by reason only of thefact that at the time when such act or proceeding wasdone, taken or commenced there was a vacancy in theoffice of any member.

(b) All acts and proceedings of the Committeeshall, notwithstanding the subsequent discovery of anydefect in the appointment of any member thereof, or thatany member was disqualified to act, be as valid as if suchmember had been duly appointed and was qualified to actand had acted as a member of the Committee and as if the Committee had been proper ly and fully consti tuted.

(11) The provisions of the Public Service Act, 1902,as amended by subsequent Acts, shall not apply to or inrespect of the appointment by the Governor of anymember of the Committee, and any member so appointed

shall not, in his capacity as such member, be subject to theprovisions of such Act during his term of office.(12) The Governor may make regu lations not

inconsistent with this section prescribing all matterswhich by this section are required or permitted to beprescribed or which are necessary or convenient to beprescribed for carrying out or giving effect to theprovisions of this section.

6 .

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6 . (1) The Committee may initiate and refer to theMinister

(a) recommenda tions for making, alt eri ng or repeal-ing any regulation under this Act;

(b) recommendat ions for amending the Poisons List.

(2) In addi tion to the dut y imposed upon theCommittee by section seven of this Act it shall be the dutyof the Committee to consider and advise the Ministerupon such matters and questions as the Minister may

from time to time refer to it relating to(a) any proposal, whether or not initiated by the

Committee, for making, altering or repealingany regulations under this Act;

(b) any proposal, whether or not initiated by theCommittee, for amending the Poisons List.

DIVISION 2. Poisons List.7. (1) As soon as practicable aft er the commencement

of this section the Committee shall prepare and submitto the Minister a list of substances which, in its opinion,

should be included in the Poisons List to be establishedunder this Act.

(2) The list to be prepared and submitted to theMinister under this section shall contain three Schedules,namely, Schedule One, Schedule Two and Schedule Three.

Of the Schedules contained in such list(a) Schedule One shall consist of such substances

as the Committee, having regard to the provisionmade by this Act in relation to poisons includedshould be treated as poisons and be included inin Schedule One of the Poisons List, considers

Schedule One of the Poisons List.(b) Schedule Two shall consist of such substances

as the Committee, having regard to the provisionmade by this Act in relation to substancesincluded in Schedule Two of the Poisons List,considers should be treated as poisonous sub-stances and be included in Schedule Two of thePoisons List.

(c)

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(c) Schedule Three shall consist of such su bstancesas the Committee considers should be subject toregulations imposing special restrictions withrespect to the sale thereof.

The Committee shall, having regard to the provisionmade by this Act in relation to poisons included in thefirst, second and thi rd pa rt s of Schedule One of thePoisons List, arrange the poisons included in ScheduleOne of such List in three separate groups under the head-ings "Firs t Par t" , "Second Par t" and "Third Par t" .

(3) The Minis ter shall, upon the submission to himof such list, forthwith take the same into considerationand may confirm it with or without modifications as hemay think proper:

Provi ded that where the Minister propos es to confirmsuch list with modifications he shall inform the Com-mittee of the proposed modifications and give to theCommittee a reasonable opportunity of making anyobservations with respect thereto, and shall, beforefinally confirming the list, take into consideration anyobservations so made.

(4) The Governor may by proclamation proclaimthe fist as confirmed by the Minister under subsectionthree of this section.

(5) (a) The Governo r may, from time to time, inlike manner amend the list proclaimed pursuant to sub-section four of this section

(i) by adding to any Schedule or removing there-from any substance;

(ii) by removing any substance from one Scheduleand adding it to any other Schedule;

(iii) by removing any substance from any part of Schedule One and adding it to any other partthereof.

Where any substance is added to Schedule One orremoved from any other Schedule and added to ScheduleOne the proclamation shall specify the part of ScheduleOne to which the substance is added.

(b)

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(b) Any recommendation made by the Minist erto the Governor recommending any amendment of thelist so proclaimed shall be made after consultation withor on the recommendation of the Committee.

(6) The said list as in force for the time being is inthis Act referred to as the "Poisons List".

(7) Any proclamation made under this sectionshall

(a) be published in the Gazet te;

(b) take effect from the date of proclamation orfrom a later date to be specified in the procla-mation ;

(c) be laid before both Houses of Parl iament withinfourteen sitting days after publication if Parlia-ment is in session, and if not, then within four-teen sitting days after the commencement of thenext session.

If either House of Parliament passes a resolution of which notice has been given at any time within fifteensitting days after such proclamation has been laid before

such House disallowing the proclamation or any partthereof, such proclamation or part shall thereupon ceaseto have effect.

P A R T II I .

POISONS.

DIVISION 1. Sale of Poisons.

8. Unless otherwise expressly provided, no person,other than a medical practitioner or a pharmacist, shallsell any poison unless he is licensed under section nine of this Act to sell poisons.

9 .

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9 . (1) The Board may issue a license to sell poisonto any person who

(a ) keeps open shop for the sale of goods by re ta ilsituated at least four miles by the nearest practicable road from any place in which the business of a pharmacist is carried on in open shop;and

(b) produce s a certificate from a jus tice of the peaceand the member of the police force in charge of the police station nearest to his residence thathe is a fit and proper person to be allowed tosell poisons.

(2) Any application to the Board for a license orfor the renewal of a license under this section shall be inor to the effect of the form prescribed, shall contain theprescribed particulars and shall be accompanied by theprescribed fee.

(3) (a) Licenses under this section shall be in o rto the effect of the form prescribed and shall be issuedsubject to such conditions as may be for the time beingprescribed.

(b) A license under this section(i) shall, subject to this Act, remain in force until

the thirty-first day of January next followingthe date of issue;

(ii) may be renewed and on each renewal thereof shall, subject to this Act, remain in force for afurther period of twelve months.

1 0 . Every person entitled to sell poisons shall keepall poisons included in the first part of Schedule One of the Poisons List and such other poisons as may be prescribed in such manner as may be prescribed.

1 1 . No person shall sell any poison(a) unless the container thereof bears thereon

(i) in the case of any poison included in thefirst part or the second part of ScheduleOne of the Poisons Listthe word"Po i son" ; o r

(ii)

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(i i) in the case of any poison included in thethird part of that Schedulethe word"Caution" and such other words (if any) as are prescribed,

printed in such size type as may be prescribedtogether with the name of the article, the poisonor poisons contained therein and the name andaddress of the seller thereof; and

(b) unless such other requirement s as are pr escribedare complied with.

1 2 . (1) Every per son who sells any poison included inthe first part of Schedule One of the Poisons List shall,before delivery thereof to the purchaser, inquire his name,place of abode, and occupation and the purpose for whichsuch poison is required or stated to be required.

(2) Such pers on shall the reup on make a faithfulentry of such sale, specifying the poison and the quantitythereof, and all such particulars so given by the pur-chaser, together with the day of the month and year of such sale, in a book to be kept by the vendo r for th atpurpose in the form prescribed.

(3) Ev ery such entry shall be signed by the pe rsonmaking the same, and shall, subject to sections thirteenand fourteen of this Act, be also signed by the purchaser,unless he declares himself unable to write, in which casethe person making the entry shall add thereto the words"Purchaser cannot write".

(4) Whenever a witness to the sale is required bythis Act, such entry shall be signed by such witness, andshall also state his place of abode.

(5) The book referre d to in subsection two of thissection shall be preserved by the vendor for at least five

years from the date on which the final entry in the book is made.

1 3 . (1) In cases where sales and purcha ses of poisonsincluded in the first part of Schedule One of the PoisonsList are made by correspondence, the letter ordering thesame shall be preserved by the vendor for at least fiveyears from the date of its receipt by him and a memoran-dum of the date of the said letter, by whom it was written,

an d

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and the quantity and particulars of the poison thereinorde red shall be ente red in the book refer red to insubsection two of section twelve of this Act.

(2) No person shal l sell any such poison so orderedto any person with whose signature he is not acquaintedunless such signature has been witnessed, or purports tohave been witnessed, by a jus tice of the peace , clergyman,or public officer, or is authenti cated by some person knownto the vendor.

1 4 . (1) In cases where sales and purchases of poisonsincluded in the first part of Schedule One of the PoisonsList are made by telegram or radiogram, the telegram orradiogram ordering the same shall be preserved by thevendor for at least five years from the date of its receiptby him, and a memorandum of the date of the telegramor radiogram, by whom it was sent, and the quantity andparticulars of the poison therein ordered shall be enteredin the book referred to in subsection two of section twelveof this Act.

(2) No person shall sell any such poison so

ordered to any person who is unknown to the vendor.

1 5 . (1) So much of the provis ions of section twelve of this Act as requires an entry in the book to be kept underthat section to be signed by the purchaser shall not (if the conditions ment ioned in thi s section are fulfilled)apply where

(a) the purch aser is a medical practit ioner, dentist,veterinary surgeon, or an analyst appointed forthe purposes of any Act; and

(b) the purchase is made by him for the purpose of

his profession.(2) The condi tions to be fulfilled for the purposes

of this section are that the vendor

(a) has received before the sale an order in writingsigned by the purchaser stating his name andaddress and the name and quantity of the poisonto be purchased;

(b )

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(b) must be reasonably satisfied that the signatureaffixed to the order is in fact the signature of theperson purporting to sign it, and that that person is a medical practitioner, dentist, veterinarysurgeon, or an analyst appointed for the purposes of any Act;

(c) must if the poison sold is being sent by post tothe purchaser register the same at the postoffice at which it is posted or cause it to be soregistered;

(d) enter in the book in the column assigned to thesignatures of purchasers the words "signedorder" followed by the date on which the orderis executed; and

(e) preserve the order for a period of five yearsfrom the date on which the final entry in the book is made:

Provided that if a vendor is reasonably satisfied thatsuch a purchaser desiring to purchase a poison urgentlyrequires it for the purpose of his profession but is, byreason of some emergency, unable before delivery either

to furnish to the vendor an order in writing duly signed,or to attend and sign the book the vendor may send thepoison to the purchaser to be handed over to him eitherin exchange for such an order or on an undertaking bythe purchaser to furnish such an order to the vendorwithin the twenty-four hours next following.

(3) Eve ry purchaser by whom such an underta king has been given who fails, neglects or refuses to deliverto the vendor a signed order in accordance with the undertaking and every person who for the purpose of obtainingdelivery of any poison under the proviso to subsectiontwo of this section makes a statement which is to hisknowledge false shall be guilty of an offence against thisAct.

1 6 . (1) No person shall sell any poison included inthe first part of Schedule One of the Poisons List to anyperson who

(a) is under eighteen yea rs of age; or(b)

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(b) is unknown to the vendor unless the sale is madein the presence of some witness who is known tothe vendor and knows the purchaser.

(2) Such witness shal l sign his name and add hisplace of abode to the required entry before the deliveryof the poison to the purchaser.

1 7 . No person shall sell any arsenic or strychnine or

any uncoloured preparation thereof unless such arsenicor strychnine or preparation is, before the sale or deliverythereof, coloured as prescribed:

Provided that whenever the purchaser states that sucharsenic or strychnine or any preparation thereof respec-tively is required for some purpose for which the additionof colour admixture would, according to the representa-tion of the purchaser, render it unfit, such poison may besold without being coloured as aforesaid. The repre sen-tation of the purchaser shall be added by the vendorto the required entry before delivery of the arsenic,

strychnine or preparation to the purchaser.1 8 . Every person being the owner or other person in

charge or possession of any poison who leaves it in anyplace (whether the same is ordinarily accessible to othersor not) unless the container of whatever kind in whichsuch poison is contained

(a) is marked

(i) in the case of any poison included in thefirst part or the second part of ScheduleOne of the Poisons List"Poison"; or

(ii) in the case of an y poison includedin the third part of that Schedule"Caution", together with such otherwords (if any) as are prescribed;

(b) in each case is otherwise duly labelled in themanner prescribed,

shall be guilty of an offence against this Act.1 9 .

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1 9 . (1) The Governor , on the recommendat ion of theCommittee, may make regulations not inconsistent withthis Part, prescribing all matters which by this Part arerequired or permitted to be prescribed, or which are neces-sary or convenient to be prescribed for carrying out orgiving effect to the provisions of this Part.

In particular, and without prejudice to the generalityof the foregoing, regulations may be made with respectto

(a) the issue, renewal and cancellation of licensesunder this Part;

(b) the colouring of any poisons;

(c) the conditions under which poisons shall be pur-chased, sold, distr ibuted, supplied, disposed of,obtained, stored, kept, or used;

(d) the shape, size, colour and mat eri als of the con-tainer or package in which any poison shall orshall not be sold;

(e) requ iring the package or containe r in which anyprescribed poison is cased, covered, enclosed,contained or packed for sale (whether by whole-sale or retail) to have printed thereon the nameof some effective remedy (if any) to counteractthe effects of such poison;

(f) the conditions under which any proprietarypreparation for use as a sheep or cattle dip, orfor agricultural, pastoral, or horticultural pur-poses or as a vermicide shal l be exempt from theoperation of the provisions of this Part or theregulations made under this Part;

(g) requ iring persons engaged in the sale, purchase

or distribution of poisons to keep records andfurnish information (whether in writing orotherwise);

(h) the issue of prescrip tion s or orders for poisons ,the dispensing of such prescriptions and thesupply of poisons on such prescriptions ororders;

2 1 .

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(i) prohibi ting or regula ting the distribution withoutconsideration of poisons;

(j) prov iding for the forfe iture of any poison unlawfully in the possession of any person and for thedisposal of any poison so forfeited.

(2) Any provisi on inse rted in any regulation madeunder this Part may apply to all poisons or to specifiedpoisons or to poisons other than those specified.

DIVISION 2. Exempt ions .2 0 . Division 1 of this Part shall not apply to the sale

of any poison included in Schedule One of the PoisonsList

(a) when made up or compounded as a medicineb y -

(i) a pha rmac ist ; or

(ii) an assistant or apprentice under thedirect personal supervision of apharmacist,

according to the prescription of a medical practitioner, dentist, or veterinary surgeon;

(b) when made up or compounded extemporaneouslyas a medicine by a pharmacist for a specific andindividual case;

(c) when made up or compounded as a medicinewhich is supplied by a medical pract iti one r forthe purposes of medical treatment, by a dentistfor the purposes of dental treatment, or by aveterinary surgeon for the purposes of animaltreatment;

(d) in the form of homoeopathic medicines, unless inthe crude state, mother tincture or of a greaterstrength than the third decimal potency;

but no medicine for external use containing poison shallby virtue of this section be sold or delivered unless thecontainer thereof bears the word "Poison" printedconspicuously thereon together with the name and addressof the seller thereof.

(4)

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2 1 . (1) Division 1 of this Pa r t shall not apply to thesale of

(a) photographic materials (other than cyanide of potassium) for the purpose of photography;

(b) poisoned material or liquid (except material orliquid containing cyanide of potassium or suchother poison as may be prescribed) for thedestruction of noxious animals, birds, insects orplants;

(c) fly-poison papers not containing arsenic; or

(d) poisons (other than cyanide of potassium) bywholesale dealers in the ordinary course of wholesale dealing where an order in writingsigned by the purchaser has been given for thesupply of the same:

Provided that regulations may be made with respectto the keeping and safe custody and labelling of anymaterials, liquids or articles mentioned in this subsection.

(2) No materi als , liquids or articl es mentioned in

this section consisting of or containing any poison shallbe sold or delivered unless the container thereof is labelledas directed by section eleven of this Act.

(3) Notwithst anding anythi ng contained insubsection one of this section

(a) no person shall sell any materia l, liquid or articlementioned in paragraphs (a) and (b) of thatsubsection which consists of or contains anypoison included in the first part of Schedule Oneof the Poisons List to any person who is undereighteen years of age;

(b) the provis ions of sections twelve and sixteen of this Act shall apply to and in respect of the saleof materials, liquids or articles mentioned inparagraphs (a) and (b) of subsection one of this section which consist of or contain anypoison included in the first part of Schedule Oneof the Poisons List if the purchaser is unknownto the vendor.

(i)

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(4) Ev er y sale of any poison included in the firstpart of Schedule One of the Poisons List pursuant to theprovisions of paragraph (d) of subsection one of thissection shall at the time of sale and before delivery beentered by the person who sells the same or by someemployee, assistant or apprentice of such person in a book to be kept for that purpose together with the date of sale,the quantity and nature of the poison sold and the nameand place of abode or business of the purchaser.

PART IV.POISONOUS SUBSTANCES.

2 2 . (1) Except where otherwise in this Pa rt expresslyprovided, the provisions of this Part shall not apply toany poisonous substance when mixed or compounded witha poison.

(2) The provisions of Part III of this Act shallapply to and in respect of any poison when mixed or

compounded with a poisonous substance.2 3 . (1) No person shall sell any poisonous sub-

stance

(a) unless the container thereof is distinc tly labelledwith

(i) the name of the substance;(ii) the words "Po iso nous , not to be t ak en " ;

and(iii) the name and addr ess of the seller; and

(b) unless such other requirement s as are prescribedare complied with.

(2) In the sale by retail of any quantity notexceeding two quarts of any poisonous substance whichis a liquid, no person shall deliver or send out the sameto any person except in a bottle or other container theouter surface of which is fluted vertically with ribs orgrooves recognisable by touch.

(3)

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(3) (a) The provisions of this section, otherthan subsection four, shall not apply to anything to thesale of which, under the provisions of section twenty of this Act, Division 1 of Part III of this Act does notapply.

(b) The provis ions of subsect ion four of thissection shall apply to any poisonous substance whenmixed or compounded with a poison.

(4) Where there is included in Schedule Two of the Poisons List any liquid preparation containing anypercentage of free ammonia or phenol or its homologuesno person shall sell by wholesale such liquid preparationunless each container thereof is distinctly labelled with

(a) the name of the prep ara ti on;

(b) the words "Po iso nous , not to be ta ke n" ;

(c) the name and addr ess of the seller ; and

(d) the percentage of free ammonia or phenolor its homologues contained therein,

and such other requirements as are prescribed arecomplied with.

2 4 . Every person being the owner or other person incharge or possession of any poisonous substance wholeaves it in any place (whether the same is ordinarilyaccessible to others or not) unless the container of whatever kind in which such substance is contained

(a) is marked "Poi sono us, not to be t ak en "; and

(b) is otherwise duly labelled in the manner providedby section twenty-three of this Act,

shall be guilty of an offence against this Act:

Provided that the foregoing provisions of this sectionshall not apply to any materials or articles mentionedin subsection one of section twenty-one of this Act or inSchedule Two of the Poisons List in any case whereregulations are in force with respect to the keeping andsafe custody and labelling of such materials or articles.

2 5 .

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2 5 . (1) The Governor, on the recommendat ion of theCommittee, may make regulations not inconsistent withthis Par t, prescri bing all matt ers which by this Pa rt arerequired or permitted to be prescribed or which arenecessary or convenient to be prescribed for carrying outor giving effect to the provisions of this Part.

In particular and without prejudice to the generalityof the foregoing, regulations may be made with respectto

(a) the requ ireme nts to be complied with by pers ons

selling poisonous substances;(b) the shape, size, colour and materials of the

container or package in which any poisonoussubstances shall or shall not be sold;

(c) the particulars to be specified on the label of the container of any poisonous substance by themanufacturer or retail seller thereof;

(d) the safe custody of poisonous substances.

(2) Any provision ins erte d in any regulat ionmade under this Part may apply to all poisonous sub-stances or to specified poisonous substances or topoisonous substances other than those specified.

PART V.RESTRICTED DRUGS.

2 6 . (1) No person, other than a medical p rac tit ioner,a pharmacist, or a veterinary surgeon, shall sell by retailany restricted drug.

(2) Eve ry person selling any res tri cted drug shallcomply with the regulations under this section.

(3) The Governor, on the recommendation of theCommittee, may make regulations for or with respectto

(a) the requirement s and conditions to be compliedwith by persons selling any restricted drug;

(b)

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(b) generally, all such matters and things as arenecessary or convenient to be presc ribed forcarrying out or giving effect to the purposes of this section.

(4) Any provision inser ted in any regulat ionmade under this section may apply to all restricted drugsor to any specified restricted drugs or to restricted drugsother than those specified.

PART VI.CYANIDE OF POTASSIUM.

2 7 . In this Part, unless inconsistent with the contextor subject matter, "cyanide of potassium" includescyanide of potassium, any other metallic cyanide, allpoisonous compounds of cyanogen, and any admixturesor preparations thereof, but does not include calciumcyanide.

2 8 . (1) No person shall sell cyanide of potassiumunless

(a) he is a medical pract iti oner ;(b) he is a pharmacist;(c) he is a veterinary surgeon;(d) he is a person licensed to sell poisons under

Division 1 of Part III of this Act;(e) he is the holder of a license under section t hir ty-

one of this Act and he sells the cyanide of potassium in accordance with the conditions of that license;

(f) he is a wholesale dealer who sells cyanide of potassium in the ordinary course of wholesaledealing and in accordance with the provisionsof this Part.

(2) No wholesale dealer shall sell cyanide of potassium to any person who is not authorised to sellcyanide of potassium unless it is sold to be used formining purposes or for trade purposes, but not forresale.

(3)

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(3) No person, other than a person authorisedunder this section to sell cyanide of potassium, shallpurchase cyanide of potassium to he used for miningpurposes or for trade purposes unless he holds a permitto do so granted by the Board under section thirty-oneof this Act.

2 9 . (1) All sales of cyanide of potassium except(a) sales by wholesale dealers in the ord ina ry

course of wholesale dealing where an order in

writing signed by the purchaser has been givenfor the supply of the same; and

(b) sales of cyanide of potassium to be used formining purposes if sold in quantities of not lessthan twenty-five pounds or to be used for tradepurposes but not for resale,

shall be subject to the provisions of Division 1 of P a r tIII of this Act as well as to such of the provisions of thisPart as are applicable thereto.

(2) All purchas es of cyanide of potassium(whether by wholesale or retail) shall be made in

accordance with the provisions of this Part.

3 0 . (1) At the time of the sale and before del iveryof any cyanide of potassium the vendor shall fill in andthe purchaser thereof shall sign

(a) a document in the prescribed form and containing the prescribed particulars; or

(b) an entry containing the prescribed par tic ula rsin a book in the prescribed form kept by thevendor for the purpose.

(2) No sale of cyanide of potas sium sha ll be made

to any person who is not the holder of a permit under thisPart to purchase cyanide of potassium to be used formining purposes or to be used for trade purposes butnot for resale unless the purchaser produces to thevendor a certificate in the prescribed form and containingthe prescribed particulars and signed by

(a) a member of the police force in charge of thepolice station nearest to the place of sale; or

(b)

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(b) such other person (if any) as is prescribed,

th at the purchas er is a fit and prop er perso n to bepermitted to purchase cyanide of potassium.

No fee shall be chargeable in respect of any suchcertificate.

(3) (a) The book referred to in subsection oneof this section shall be preserved by the vendor for atleast five years from the date on which the final entry in

the book is made.

(b) Wher e in rel at ion to a sale of cyanide of potassium a document is filled in and signed pursuantto subsection one of this section or a certificate isproduced pursuant to subsection two of this section, thevendor shall preserve the document or certificate for atleast five years from the date on which it was signed bythe purchaser or member of the police force or otherprescribed person, as the case may be.

3 1 . (1) The Boa rd may, in accordance wi th theregulations, grant

(a) a license to any person to sell or distributecyanide of potassium for mining purposes inquantities of not less than twenty-five pounds;

(b) a license to any person to sell cyanide of potassium for trade purposes but not for resale;

(c) a permit to any person for the purchase of cyanide of potassium in quantities of not lessthan twenty-five pounds for mining purposes:

(d) a permit to any person for the purchase of cyanide of potassium for trade purposes butnot for resale.

(2) Any applica tion to the Board for a license orpermit or for the renewal of a license or permit underthis section shall be in or to the effect of the form prescribed, shall contain the prescribed particulars and shallbe accompanied by the prescribed fee.

(3)

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(3) (a) Licenses and per mit s under thi s sectionshall be in or to the effect of the form prescribed andshall be issued subject to such conditions as may be forthe time being prescribed.

(b) A license or permit under this section(i) shall, subject to this Act, remain in force until

the thirty-first day of January next followingthe date of issue;

(ii) may be renewed and on each renewal thereof

shall, subject to this Act, remain in force for afurther period of twelve months.

3 2 . Every person who acts in contravention of orfails to comply with any of the provisions of this Partor any regulation thereunder or the conditions of anylicense or permit thereunder shall be guilty of anoffence against this Act and be liable to a penalty notexceeding one hundred pounds or to imprisonment for aterm not exceeding six months.

3 3 . Without affecting the requirements of any

relevant provisions of this Act or of any regulationsthereunder

(a) any person authorised to sell poisons who sellsany calcium cyanide shall before delivering orforwarding the same to the purchaser pack thesame in the prescribed manner;

(b) a pers on shall not convey to the purchase r anycalcium cyanide unless it is packed as aforesaid; and

(c) every person being the owner or other personin charge or possession of any calcium cyanide

shall (except during the conveyance thereof orwhen the calcium cyanide is actually being used)keep the same securely locked up in a suitablereceptacle.

3 4 . The Governor, on the recommendation of theCommittee, may make regulations not inconsistent withthis Pa rt pres cribi ng all mat ter s which by this P ar t ar e

required

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required or permitted to be prescribed or which arenece ssa ry or convenient to be prescribe d for car ryi ngout or giving effect to the provisions of this Part.

In particular, and without prejudice to the generalityof the foregoing, regulations may be made with respectto

(a) the issue, transfer, renewal and cancellation of licenses and permits under this Part;

(b) the purchase of cyanide of potassium;

(c) the sale of cyanide of potassium (except the saleof cyanide of potassium so far as such sale issubject to the provisions of Division 1 of PartIII of this Act);

(d) the possession and distribution of cyanide of potassium;

(e) the safe custody of cyanide of potassium;

(f) preven tin g the improper use of cyanide of potassium;

(g) the labelling of cyanide of po tas sium;(h) requir ing pers ons engaged in the sale and

dis tribution of or persons holding permit s topurchase cyanide of potassium to keep booksand furnish information (whether in writing orotherwise) as prescribed;

(i) the inspection of such books and of entr ies there-in and the making of copies of or extractstherefrom;

(j) pres crib ing the conditions under which sales of cyanide of potassium may be made by corres-pondence (including telegrams and the likemeans of communication);

(k) prescribing questions to bo put whether by thevendor, or any person s igning a certificate o rany member of the police force on any sale orpurchase of cyanide of potassium;

(1) prescribing the professions, businesses, trades orindustries with respect to which permits maybe gra nted to pers ons carr yin g on the same to

purchase

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purchase for the purposes thereof but not forresale cyanide of potassium in accordance withthis Part ;

(m) exempt ing from the provis ions of this Pa r t anycompounds of cyanogen or any admixtures orpreparations which by their nature are notcapable of being used in evasion of this Part.

PART VII.GENERAL.

3 5 . (1) No person shall sell any drug or medicinewhich is for internal use, or any drink, food or condimentin a container

(a) of like description to that prescribed for acontainer in which any poisonous substanceintended for external use may be sold; or

(b) of such a description as not to be readilydistinguishable by sight and touch or by eithersight or touch from a container in which sucha poisonous substance may be sold.

(2) Nothi ng in this section affects the othe rrequirements of this Act or any regulation with respectto the containers in which drugs or medicines which areor contain poisons may be sold.

3 6 . No person shall sell or offer for sale in any streetor from house to house or shall hawk or peddle or shalldistribute free or as samples in any street or public placeor from house to house any poison or poisonous substanceor restricted drug.

Noth ing in thi s section applies to the free dis tribut ionof clinical samples to medical practitioners, dentists orveterinary surgeons.

3 7 . (1) No person shall(a) whet her on or about his premises or elsewhere

(i) install any automatic machine for thesale or supply of any poison, poisonoussubstance or restricted drug; or

(ii)

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(ii) sell or supply any poison, poisonoussubstance or restricted drug by meansof any automatic machine; or

(b) allow, permit or suffer a ny such au tomat icmachine to be installed on his premises; or

(c) place or allow, permi t or suffer to be placed anypoison, poisonous substance or restricted drugin any automatic machine on his premises orunder his control; or

(d) allow, permit or suffer any person to purchaseor be supplied with or otherwise obtain anypoison, poisonous substance or restricted drugby means of any automatic machine on thepremises or under the control of such first-mentioned person.

(2) Any person who commits any contraventionof or fails to comply with any provision of this sectionshall be guilty of an offence against this Act and shall forevery such offence be liable to a penalty of not more thanfifty pounds or to imprisonment for a term not exceedingsix months, and to a further penalty not exceeding tenpounds for each day on which any offence under thissection is continued after conviction by any court.

3 8 . For the purpose of the Poisons List, percentagesin the case of liquid preparations shall (unless otherprovision in that behalf is made by regulations) becalculated on the basis tha t the pre para tio n containingone per centum of any substance means a preparationin which

(a) one gra mme of the substance , if a sol id; or(b) one millilitre of the substance, if a liquid,

is contained in every one hundred millilitres of thepreparation, and so in proportion for any greater or lesspercentage.

3 9 . In any legal proceedings under this Act a certificate purporting to be signed by the registrar of the Boardand to certify that any person is or is not a person whoholds a license, permit or authority under this Act shall,

without

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without proof of the signat ure of the person app ear ingto have signed the certificate or that he was the registrarof the Board, be pri ma facie evidence of the fact st atedin the certificate.

4 0 . (1) Any analyst analysing any substance submitted to him may give a certificate of the result of theanalysis.

(2) In any legal proceedings under this Act theproduction of a certificate, purporting to be signed byan analyst, shall be prima facie evidence of the identityof the substance analysed, and of the result of theanalysis, without proof of the signature, employment orappointment of the person appearing to have signed thecertificate.

(3) For the purposes of this section "analyst"means any person employed by the Government of NewSouth Wales as an analyst or any person appointed bythe Governor as an analyst under the Pure Food Act,1908-1944.

4 1 . For the purposes of this Act any person on whosebehalf a sale is made shall be deemed to be the personwho sells, and every employee, assistant or apprentice of such person shall be liable to the like penalties as theperson on whose behalf he makes any sale.

4 2 . (1) Fo r the purposes of ascert aini ng whethe r theprovisions of this Act or any regulation are beingcomplied with any member of the police force or personauthoris ed in writi ng in that behalf (either generally orin any particular case) by the Board may

(a) enter into and upon premises of any personselling or offering or exposing for sale or distribution or having in his possession any poison,poisonous substance or restricted drug andsearch those premises;

(b) demand the production of and inspect any stocksof poison, poisonous substance or restricted drugin or about those premises;

(c)

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(c) require the production of and inspect and makecopies of or take extracts from any books ordocuments relating to any dealing in any poison,poisonous substance or restricted drug by suchlast-mentioned person;

(d) seize and detain any poison, poisonous substanceor restricted drug found on those premises withrespect to which he has reasonable grounds tobelieve that there has been a contravention of this Act.

(2) Every person who

(a ) wilfully delays or obstructs any authorisedperson or any member of the police force in theexercise of his powers under this Act; or

(b) fails to produce or conceals or attempts toconceal any such books or documents or stock asaforesaid,

shall be guilty of an offence against this Act.

4 3 . In any prosecut ion for a contravention of orfailure to comply with any provision of this Act or anyregulation, whenever it is necessary or proper to provein respect to any particular article or substance that itconforms to any of the following descriptions, namely :

(a) that it is a poison or poisonous; or

(b) that it consists of or contains pois on; or

(c). that it is a poisonous substance; or

(d) that it is a restricted drug,

then in every such case

(i) evidence th at any substance commonly soldunder the same name or description as the saidparticular article or substance conforms to anyof the descriptions contained in par agr aph (a ),(b), (c) or (d) of this section shall be primafacie evidence that the said particular articleor substance also conforms to the same description accordingly; and

1805112 (ii)

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(ii) evidence tha t any part icul ar article or substa nceor the container thereof is labelled " P o i s on " o r"Poisonous, not to be taken" shall be primafacie evidence that the said particular article orsubstance conforms to any of the descriptionscontained in paragraph (a), (b) or (c) of thissection, as the case may require.

4:4. Except so far as is otherwise expressly enacted,every person who

(a) sells any poison contrary to the provisions of Part III of this Act;

(b) on any sale thereof delivers the same withouthaving made and signed the entries required byPart III of this Act;

(c) sells any poison without having obtained thesignat ure to such entry as required by Pa rt I I Iof this Act;

(d) purchases poison and gives false information inanswer to inquiries to the person selling thesame in relation to particulars which he is byPart III of this Act authorised to inquire into of

such purchaser;(e) signs his name as a witness to the sale of anysuch poison to a person unknown to him;

(f) acts in contra vention of or fails to comply withany of the provisions of Part III of this Act forwhich no other penalty is expressly provided;

(g) sells or offers for sale any poison or poisonousmixture in respect of which the provisions of any regulations made pursuant to Part III of this Act have not been complied with,

shall be guilty of an offence against this Act and shall beliable to a penalty not exceeding fifty pounds, or in thecase of a continuing offence to a penalty not exceedingfive pounds for every day dur ing which the offencecontinues.

4 5 . Every person who acts in contravention of or failsto comply with any provision of this Act or any regulationfor which no other penalty is expressly provided shallbe liable to a penalty not exceeding fifty pounds.

4 6

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46. Any penalty imposed by this Act or the regula-tions may be recovered in a summary manner before astipendiary magistrate or any two justices in pettysessions.

47 . (1) All fees payable under this Act shall be paidto the registrar of the Board.

(2 ) The amount of such fees shall be paid by theregistrar to the Colonial Treasurer and shall be carriedto the Consolidated Revenue Fund.

(3) The whole amount of all penalties recovered

under this Act shall be paid into the ConsolidatedRevenue Fund.

48 . All regulations made under this Act shall(a ) be published in the Gazette;(b ) take effect from the date of publication or from

a later date to be specified in the regulations;and

(c) be laid before both Houses of Parliament withinfourteen sitting days after publication if Parlia-ment is in session, and if not, then withinfourteen sitting days after the commencementof the next session.

I f either House of Parliament passes a resolution of which notice has been given at any time within fifteensitting days after the regulations have been laid beforesuch House disallowing any regulation or part thereof,such regulation or part shall thereupon cease to haveeffect.

SCHEDULE.

Reference to

Act.Short title. Extent of repeal.

No. 65, 1902

No. 54, 1940

Poisons Act, 1902. ...

Pharmacy (Amend-ment) Act, 1940.

The whole.

Section six.

LANDLORD