8 Definitions

The dictionary in schedule 1 defines particular words used in this Act.

9 Relationship with Poisons Standard

(1) Words and expressions defined in the Poisons Standard and used in this Act have the same� meaning in this Act as they have in the Poisons Standard, to the� extent the context permits.

(2) An interpretation provision in the Poisons Standard applies for interpreting the words and expressions mentioned in subsection (1) for this Act.

(3) Subsections (1) and (2) do not apply to the meaning of poison.

(4) For this Act, a schedule of the Poisons Standard applies to a substance if—

(a) the substance is listed in the schedule; and

(b) the schedule does not exclude the substance from the schedule; and

(c) if a restriction is mentioned in the Poisons Standard for the substance—the restriction applies in relation to the substance.

10 Meaning of substance

(1) A
"substance" includes an ingredient, compound, preparation or extract of a substance.

(2) For this Act, a substance may be described by reference to any of the following matters—

(a) the Poisons Standard;

(b) a code, guideline, protocol or other standard;

(c) the purpose for which the substance is, or is intended to be, used;

(d) the way in which the substance is, or is intended to be, used;

(e) the quantity of the substance;

(f) the packaging or labelling of the substance;

(g) the physical or chemical state or form of the substance.

11 Meaning of medicine

(1) A
"medicine" is—

(a) a substance to which the Poisons Standard, schedule 2 applies (an
"S2 medicine"); or

(b) a substance to which the Poisons Standard, schedule 3 applies (an
"S3 medicine"); or

(c) a substance to which the Poisons Standard, schedule 4 applies (an
"S4 medicine"); or

(d) a substance to which the Poisons Standard, schedule 8 applies (an
"S8 medicine").

(2) However, a substance mentioned in subsection (1) is not a medicine to the extent it is treated as a poison under section 12(2).

(3) A regulation may prescribe another substance to be an S2, S3, S4 or S8 medicine.

12 Meaning of poison

(1) A
"poison" is any of the following substances, other than a fumigant or pesticide—

(a) a substance to which the Poisons Standard, schedule 5 applies (an
"S5 poison");

(b) a substance to which the Poisons Standard, schedule 6 applies (an
"S6 poison");

(c) a substance to which the Poisons Standard, schedule 7 applies (an
"S7 poison").

(2) A medicine is treated as a
"poison" under this Act if the medicine is not used, or is not intended to be used, for a therapeutic use. See the Poisons Standard, part 1 for the definition therapeutic use.

(3) Subsection (2) does not apply to waste from a medicine disposed of because it is not required for a therapeutic use.

(4) A regulation may prescribe another substance to be an S5, S6 or S7 poison.

13 Meaning of prohibited substance

(1) A
"prohibited substance" is—

(a) a substance to which the Poisons Standard, schedule 9 applies (an
"S9 prohibited substance"); or

(b) a substance to which the Poisons Standard, schedule 10 applies (an
"S10 prohibited substance").

(2) A regulation may prescribe another substance to be an S9 or S10 prohibited substance.

14 Meaning of fumigant and pesticide

(1) A
"fumigant" is a substance that is APVMA approved for use to carry out an activity of a type mentioned in section 19(2)(a), (b), (c) or (d).

(2) A
"pesticide" is a substance that is APVMA approved for use to carry out an activity of a type mentioned in section 19(3)(a), (b) or (c).

(3) A regulation may prescribe another substance to be a fumigant or pesticide.

(4) In this section—
"APVMA approved", in relation to a use for a substance, means the substance is approved, registered or permitted for the use by the Australian Pesticides and Veterinary Medicines Authority in the exercise of a function or power under the Agvet Code of Queensland, section 21.

15 Meaning of S7 substance

An
"S7 substance" is—

(a) an S7 poison; or

(b) a fumigant or pesticide containing a substance to which the Poisons Standard, schedule 7 applies.

16 Meaning of hazardous poison

A
"hazardous poison" is—

(a) an S7 substance; or

(b) a medicine treated as a poison under section 12(2).

17 Meaning of regulated substance

A
"regulated substance" is a medicine, poison, prohibited substance, fumigant or pesticide.

18 Meaning of deals with a regulated substance

A person
"deals" with a regulated substance if the person does any of the following activities—

(a) manufactures the substance;

(b) buys the substance;

(c) possesses the substance;

(d) supplies the substance;

(e) if the substance is a medicine—

(i) administers the medicine; or

(ii) prescribes or makes a standing order for the medicine;

(f) if the substance is a poison—applies the poison;

(g) disposes of waste from the substance;

(h) asks or directs another person to do something mentioned in any of paragraphs (a) to (g).

19 Meaning of pest management activity, fumigation activity and pest control activity

(1) A
"pest management activity" is a fumigation activity or a pest control activity.

(2) A
"fumigation activity" is the preparation or use of a substance to—

(a) kill a pest; or

(b) sterilise grain or seed to prevent germination; or

(c) treat soil in which pests might be living; or

(d) carry out another activity prescribed by regulation.

(3) A
"pest control activity" is the preparation or use of a substance to—

(a) kill, repel or stupefy a pest; or

(b) inhibit the feeding of a pest; or

(c) modify the physiology of a pest to alter its natural development or reproductive capacity.

20 Meaning of regulated activity

A
"regulated activity" is—

(a) a dealing with a regulated substance; or

(b) a pest management activity.

21 Meaning of manufacture a regulated substance

"Manufacture", a regulated substance—

(a) means carry out any activity using any substance for the purpose of making the regulated substance; and

(b) includes any process or step undertaken to produce the regulated substance or to prepare the regulated substance for supply to the public or a person.

• testing batches of manufactured substances

• compounding medicines in preparation for supply

• repackaging poisons for supply

22 Meaning of buy a regulated substance

"Buy", a regulated substance, includes—

(a) give a purchase order for the substance; and

(b) otherwise attempt to obtain the substance, whether or not for consideration.

23 Meaning of possess a regulated substance

(1)
"Possess", a regulated substance, means have custody or control of the substance.

(2) To remove any doubt, it is declared that a person may possess a regulated substance jointly with another person. See also section 29 in relation to the distribution or transfer of regulated substances in workplaces.

24 Meaning of supply a regulated substance

(1)
"Supply", a regulated substance, means sell or give the substance to a person. See also section 25 in relation to particular ways of selling and giving regulated substances.

(2) However,
"supply", a regulated substance, does not include—

(a) if the substance is a medicine—administer the substance; or

(b) if the substance is a poison—apply the substance; or

(c) dispose of waste from the substance.

See also section 29 in relation to the distribution or transfer of regulated substances in workplaces.

25 Meaning of supply-related terms

(1)
"Sell", a regulated substance, includes attempt to sell the substance or make the substance available for sale.

(2)
"Dispense", a medicine, means sell the medicine to a person on prescription.

(3)
"Give a treatment dose", of a medicine, means give 1 or more doses of the medicine to a person to be taken by a particular person, or administered to an animal, at a later time.

26 Meaning of administer a medicine

(1)
"Administer", a medicine, means—

(a) introduce a dose of the medicine into the body of a person or animal by any means; or

(b) give a dose of the medicine to a person to be taken immediately.

• injecting a medicine into the body of a person or animal

• putting cream on the skin of a person or animal

• putting drops into the eyes of a person or animal

• handing a dose of tablets to a person for the person to swallow immediately

• feeding an animal food that has a medicine mixed into it

(2) However,
"administer", a medicine, does not include dispensing the medicine.

27 Meaning of apply a poison

"Apply", a poison, means add, apply, disperse, inject, spray or spread the poison.

28 Meaning of dispose of waste

"Dispose", of waste from a regulated substance, means discard, destroy or abandon the waste at a place.

29 Distribution or transfer in workplaces

(1) This section applies if—

(a) an entity is authorised to carry out a regulated activity with a regulated substance at 1 or more places; and

(b) the regulated substance is distributed or transferred between workers for the entity at or between the places.

(2) Despite sections 22 and 24, the distribution or transfer of the regulated substance is treated as possessing, rather than buying or supplying, the substance under this Act.

30 How a person is authorised under this Act

(1) Under this Act, the following persons are authorised to carry out a regulated activity with a regulated substance—

(a) an approved person;

(b) a person acting under an emergency order;

(c) the holder of a substance authority;

(d) another person acting under a substance authority.

• an employee or representative of the holder of a substance authority

• a student or volunteer for the holder of a substance authority

1 See chapter 3, part 1, division 1, in relation to the authorisation of approved persons.

2 See chapter 3, part 1, division 2, in relation to the authorisation of persons under emergency orders.

3 See chapter 3, part 2, division 1, in relation to the authorisation of holders of substance authorities and other persons acting under substance authorities.

(2) This Act authorises a person mentioned in subsection (1) only to the extent the person carries out the regulated activity with the regulated substance in the authorised way.

31 Meaning of authorised way

A person carries out a regulated activity with a regulated substance in the
"authorised way" if—

(a) the person is authorised under section 54(4), 57 or 62 to carry out the regulated activity with the regulated substance; and

(b) the person complies with the requirements prescribed for the person under section 91(1) for carrying out the regulated activity with the regulated substance; and

(c) the person complies with any substance management plan that applies to the person. Chapter 4, part 2 provides for substance management plans to be made for regulated places about dealings with regulated substances at the places.

32 Offence to deal with prohibited substances

A person must not deal with a prohibited substance unless the person—

(a) deals with the substance in the authorised way; or

(b) has a reasonable excuse.

33 Offence to manufacture medicines or hazardous poisons

A person must not manufacture a medicine or hazardous poison unless the person—

(a) manufactures the medicine or poison in the authorised way; or

(b) has a reasonable excuse.

34 Offence to buy or possess S4 or S8 medicines or hazardous poisons

(1) A person must not buy or possess an S4 or S8 medicine or hazardous poison unless the person—

(a) buys or possesses the medicine or poison in the authorised way; or

(b) has a reasonable excuse.

Maximum penalty—200 penalty units. A person becomes responsible for the affairs of the holder of a substance authority who is critically ill, dies, is imprisoned or becomes bankrupt.

(2) However, subsection (1) does not apply to a person to whom an S4 or S8 medicine is lawfully supplied for—

(a) the person’s own therapeutic treatment; or

(b) the therapeutic treatment of someone else for whom the person is an agent; or

(c) the treatment of an animal.

(3) Also, subsection (1) does not apply to a person who—

(a) is given an S4 or S8 medicine lawfully supplied for the therapeutic treatment of someone else or an animal; and

(b) temporarily possesses the medicine until it is needed for the treatment.

35 Offence to supply medicines or hazardous poisons

(1) A person (the
"supplier") must not supply a medicine or hazardous poison to someone else (the
"recipient") unless the supplier—

(a) lawfully possesses the medicine or poison and supplies the medicine or poison in the authorised way; or

(b) has a reasonable excuse.

Maximum penalty—500 penalty units.

(2) For subsection (1), the following matters are immaterial—

(a) the quantity of the medicine or poison supplied;

(b) whether or not the supplier and the recipient are in the same place when the medicine or poison is supplied;

(c) whether or not the medicine or poison is supplied by indirect means.

43 Offence to apply poisons

(1) This section applies in relation to a poison other than an S5 or S6 poison.

(2) A person must not apply a poison unless the poison is lawfully supplied to the person and the person—

(a) applies the poison in the authorised way; or

(b) applies the poison in accordance with the poison’s approved label; or

(c) has a reasonable excuse.

Maximum penalty—200 penalty units.

44 Offence to carry out pest management activities

(1) A person must not carry out a pest management activity unless the person carries out the activity in the authorised way or has a reasonable excuse. Maximum penalty—200 penalty units.

(2) Subsection (1) does not apply to a person who is any of the following—

(a) a primary producer, or an agent of a primary producer, who carries out a pest control activity using a pesticide on an unprocessed product located on land owned or occupied by the primary producer;

• spraying pesticide on an agricultural crop using a motor vehicle with attached spray booms

• spraying fruit using a pesticide to protect the fruit from damage by insects

(b) a primary producer, or an agent of a primary producer, who carries out a fumigation activity using a fumigant on land owned or occupied by the primary producer;

• sterilising soil by using a fumigant to prepare the soil for planting an agricultural crop

(c) a person responsible for caring for or growing a plant who carries out a pest control activity using a pesticide on the plant at a place that is primarily used for horticultural, recreational or sporting activities;

• spraying pesticide on trees at a nursery to prevent diseases

• spraying a bowling green using a pesticide to protect it from damage by insects

(d) a person who carries out a pest control activity using a household pesticide to control a pest, including a pest on an animal, at residential premises, other than for a pest management business.

• using a household pesticide to kill cockroaches at a house

• using a household pesticide to control fleas and ticks on a dog

• spraying a household pesticide on a meter box before working on the meter box

(3) Subsection (2) applies only if the fumigant or pesticide is used in accordance with the approved label of the fumigant or pesticide.

(4) In this section—
"household pesticide" means a pesticide ordinarily used in households and available to buy in a retail store.

• bait for killing cockroaches available to buy at a supermarket

• flea and tick treatment for dogs available to buy at a pet store

"primary producer" means a person producing or storing agricultural or horticultural products.
"unprocessed product" means an agricultural or horticultural product that is located in the place where it was produced and has not been processed for sale.

45 Offence to offer to carry out pest management activities if unauthorised

A person must not offer to carry out a pest management activity for a pest management business unless—

(a) the person has a pest management licence; or

(b) the person employs someone else with a pest management licence to carry out the pest management activity.

46 Offence to require or permit unauthorised persons to carry out pest management activities

(1) This section applies to a person (a
"manager") who—

(a) is authorised to carry out a pest management activity; or

(b) operates a pest management business.

(2) The manager must not permit or require another person to carry out a pest management activity for the manager if the manager knows the other person is not authorised to carry out the activity, unless the manager has a reasonable excuse. Maximum penalty—200 penalty units.

47 Offence to dispose of waste from hazardous poison, pesticide or fumigant

A person must not dispose of waste from a hazardous poison, pesticide or fumigant unless the person—

(a) disposes of the waste in the authorised way; or

(b) has a reasonable excuse.

48 Offence for giving or keeping false, misleading or incomplete information and records

(1) This section applies to a person who—

(a) gives information to the chief executive, whether orally or in a document—

(i) for the purpose of obtaining or keeping an authorisation under this Act; or

(ii) in response to a request for information under this Act; or

(b) is required under this Act to keep a record.

(2) The person must not—

(a) give the chief executive information the person knows is false or misleading in a material particular; or

(b) make or keep a record the person knows is false or misleading in a material particular; or

(c) make or keep a record the person knows is incomplete in a material particular.

Maximum penalty—50 penalty units.

(3) Subsection (2)(a) does not apply to a person if the person, when giving information in a document—

(a) tells the chief executive, to the best of the person’s ability, how the document is false or misleading; and

(b) if the person has, or can reasonably obtain, the correct information—gives the correct information.

49 State officers and helpers

(1) Subsection (2) applies to the following persons (each a
"State officer")—

(a) an inspector or State analyst;

(b) a health Act official;

(c) a person employed within a part of the department known as Forensic and Scientific Services;

(d) a police officer.

(2) A State officer does not commit an offence against this Act only because the State officer performs the officer’s functions or exercises the officer’s powers.

(3) A person does not commit an offence against this Act if the person helps a State officer to perform the officer’s functions or exercise the officer’s powers.

(4) In this section—
"health Act official" means—

(a) a health ombudsman official; or

(b) a person appointed as an authorised person or security officer under the Hospital and Health Boards Act 2011; or

(c) a person appointed as an authorised person or State analyst under the Public Health Act 2005.

50 Persons authorised under other laws

(1) This section applies to a person who has an approval, licence, permission or other authority (a
"related authority") under another Act or a law of the Commonwealth that permits the person to do something that is, or involves, carrying out a regulated activity with a regulated substance.

• an authority to aerially distribute an agricultural chemical under the Agricultural Chemicals Distribution Control Act 1966

• an approval under the Chemical Usage (Agricultural and Veterinary) Control Act 1988

• a licence under the Drugs Misuse Act 1986

• a licence under the Radiation Safety Act 1999

• a licence or permit under the Narcotic Drugs Act 1967 (Cwlth)

• an approval, licence or permission under the Therapeutic Goods Act 1989 (Cwlth)

(2) The person does not commit an offence against this Act to the extent the person acts under the related authority.

(3) For subsection (2), if the person’s related authority impliedly permits the person to possess a regulated substance without expressly stating that possession is permitted, the related authority is taken to permit possession of the regulated substance to the extent required to act under the related authority.

51 Agents and carers

(1) A person does not commit an offence against this Act if the person—

(a) supplies a medicine by giving it to someone else (a
"patient") if the medicine has been lawfully supplied for the therapeutic treatment of the patient; or

(b) for lawfully helping a patient, administers a medicine in accordance with the approved label of the medicine; or

(c) administers a medicine to an animal in accordance with the approved label of the medicine.

• a patient’s family member who supplies a medicine to the patient in accordance with the medicine’s dispensing label or packaging

• a child’s parent who administers a medicine to the child in accordance with the medicine’s dispensing label or packaging

• a dog’s owner who administers a medicine to the dog in accordance with the medicine’s approved label

(2) However, subsection (1) does not apply to a person to the extent the person is authorised under this Act to supply or administer the medicine.

• an approved person administering a medicine in the authorised way

• a person to whom an emergency order applies

(3) Also, subsection (1) does not apply to a person prescribed by regulation to be a person to whom the subsection does not apply.

52 Clinical trials

(1) This section applies to a person who is permitted to deal with a regulated substance for a human clinical trial approved by a human research ethics committee.

(2) The person does not commit an offence against this Act to the extent the person acts in accordance with any protocol or guidelines approved for the human clinical trial by the human research ethics committee.

(3) In this section—
"human research ethics committee" means a committee—

(a) registered with the National Health and Medical Research Council established under the National Health and Medical Research Council Act 1992 (Cwlth), section 5B; and

(b) operating in accordance with the human research guidelines issued under the National Health and Medical Research Council Act 1992 (Cwlth), section 10.

53 Defence for workers

In a proceeding for an offence against a provision of this Act, it is a defence for a worker for an entity to prove that the entity did not provide the worker with suitable equipment, facilities, training or other resources that would have allowed the worker to comply with the provision.

54 Authorisation of prescribed classes of persons

(1) A regulation may prescribe a class of persons to be authorised to carry out a regulated activity with a regulated substance.

(2) For subsection (1), the regulated activity for which the class of persons is prescribed may be limited by reference to the circumstances in which, or the purposes for which, the regulated activity may be carried out by the class of persons.

(3) An
"approved person" is a member of a class of persons prescribed under subsection (1) for a regulated activity with a regulated substance for the class of persons.

(4) Subject to section 30(2), the approved person is authorised to carry out the regulated activity with the regulated substance. See, however, section 31 for when the approved person carries out the regulated activity with the regulated substance in the authorised way.

(5) An authorisation under subsection (4) is an
"approved person’s authorisation".

(6) This section is subject to sections 55 and 56.

55 Changes to approved person’s authorisation

(1) This section applies in relation to an approved person if—

(a) the chief executive takes administrative action in relation to the approved person’s authorisation; or

(b) the approved person is a health practitioner subject to a condition, notation or undertaking (each a
"condition") on the person’s registration under the Health Practitioner Regulation National Law that relates to the approved person’s authorisation; or

(c) the approved person is a veterinary surgeon subject to a condition on the person’s registration under the Veterinary Surgeons Act 1936.

(2) The approved person’s authorisation—

(a) if the administrative action is suspension—ends for the period of the suspension; or

(b) otherwise—is changed to the extent necessary to give effect to the administrative action or condition.

1 An approved person’s authorisation authorises the person to deal with an S8 medicine. The chief executive takes administrative action to suspend the approved person’s authorisation. The approved person’s authorisation does not authorise the person to deal with the S8 medicine.

2 An approved person’s authorisation authorises the person to deal with any S8 medicine. The approved person is subject to a condition under the Health Practitioner Regulation National Law stating the person must not deal with a particular S8 medicine. The approved person’s authorisation does not authorise the person to deal with the particular S8 medicine.

56 Relationship between different authorisations

(1) This section applies if—

(a) an approved person’s authorisation (the
"primary authorisation") relates to carrying out a regulated activity with a regulated substance; and

(b) the approved person is authorised in another way under another provision of this Act (an
"alternative authorisation") in relation to the regulated activity with the regulated substance.

1 An approved person’s authorisation does not authorise the person to prescribe an S8 medicine and the person holds a prescribing approval authorising the person to prescribe the S8 medicine in particular circumstances.

2 An approved person’s authorisation authorises the person to apply an S7 substance, other than a particular poison, and the person holds a general approval authorising the person to apply the particular poison.

(2) To the extent practicable, the primary authorisation and the alternative authorisation are to be read together.

(3) However, if the primary authorisation is inconsistent with the alternative authorisation, the primary authorisation does not apply to the approved person to the extent of the inconsistency.

57 Authorisation under emergency order

Subject to section 30(2), a person is authorised to carry out a regulated activity with a regulated substance if the person is authorised under an emergency order to carry out the activity with the substance.

58 Chief executive may make emergency order

(1) The chief executive may make an order (an
"emergency order") authorising a person to carry out a regulated activity with a regulated substance in relation to any of the following events—

(a) a biosecurity event for which a biosecurity emergency order applies under the Biosecurity Act 2014, section 113;

(b) a disaster situation under the Disaster Management Act 2003;

(c) a declared public health emergency under the Public Health Act 2005;

(d) an emergency under the Public Safety Preservation Act 1986;

(e) another event, at a State or local level, that poses a health risk, including an event that has the potential to cause human disease through exposure to infection. an outbreak of a communicable disease

(2) An emergency order must state the following things—

(a) the event to which the order applies;

(b) a description of the area to which the order applies;

(c) the day the order starts;

(d) the day, no later than 3 months after the order starts, the order ends;

(e) the regulated activity with the regulated substance that may be carried out;

(f) the class of persons who may carry out the regulated activity;

(g) any conditions applying to the regulated activity, including, for example, the circumstances in which a person may carry out the activity.

59 Publication of emergency order

(1) The chief executive must, immediately after making the emergency order, take reasonable steps to ensure persons likely to be directly affected by the order are made aware of the order. publishing media releases, contacting persons affected, advertising in newspapers or other publications

(2) Also, the chief executive must publish the emergency order on the department’s website as soon as practicable, but no later than 2 business days, after it is made.

(3) An emergency order is not invalid only because of a failure of the chief executive to comply with subsection (1).

60 Authorisation for persons subject to work health and safety laws

(1) This section applies to a person buying, possessing or applying an S7 poison, other than a WHS excluded poison, at a place if—

(a) the place is subject to a work health and safety law; and

(b) the buying, possession or application is not done at a part of the place that is a person’s residence or accessible by the general public; and

(c) the person buys, possesses or applies the S7 poison in the course of performing the person’s duties at the place.

(2) However, this section does not apply if the buying, possession or application at the place relates to a type of industry prescribed by regulation.

(3) The person is taken to buy, possess or apply the S7 poison in the authorised way if the person buys, possesses or applies the S7 poison in compliance with the work health and safety law.

(4) In this section—
"resource authority" see the Mineral and Energy Resources (Common Provisions) Act 2014, section 10.
"WHS excluded poison" means an S7 poison prescribed by regulation to be a WHS excluded poison for this section.
"work health and safety law" means—

(a) the Work Health and Safety Act 2011; or

(b) a provision of an Act relating to safely carrying out activities permitted under a resource authority.

61 What is a substance authority

A
"substance authority" is—

(a) a manufacturing licence; or

(b) a wholesale licence; or

(c) a retail licence; or

(d) a pest management licence; or

(e) a prescribing approval; or

(f) a general approval.

62 Authorisation under substance authority

Subject to section 30(2), a person is authorised to carry out a regulated activity with a regulated substance if the person—

(a) is the holder of a substance authority that authorises the holder to carry out the activity; or

(b) is stated, or is a member of a class of persons stated, to be authorised under the authority to carry out the activity.

• an employee or representative of the holder of a substance authority

• a student or volunteer for the holder of a substance authority

63 What is a manufacturing licence

(1) A
"manufacturing licence" is a licence that authorises a person to carry out the following regulated activities with a regulated substance stated in the licence—

(a) manufacture of the regulated substance at a place stated in the licence;

(b) possession of the regulated substance at a place stated in the licence;

(c) possession of the regulated substance for transportation to a place where a person is authorised, or where it is not unlawful for a person, to possess the substance;

(d) supply of the regulated substance, primarily by wholesale, to—

(i) if the licence states a class of persons to whom the substance may be supplied—a person who is a member of the class; or

(ii) otherwise—a person who is authorised, or for whom it is not unlawful, to carry out a regulated activity with the substance;

(e) disposal of waste from the regulated substance.

(2) A manufacturing licence may, if stated in the licence, authorise—

(a) the buying and possession of another stated regulated substance for manufacturing the regulated substance to be manufactured under the licence (the
"final product"); or

(b) the manufacture, and disposal of waste from, another stated regulated substance that is a by-product of the manufacture of the final product.

64 What is a wholesale licence

A
"wholesale licence" is a licence that authorises a person to carry out the following regulated activities with a regulated substance stated in the licence—

(a) buying stock of the regulated substance;

(b) possession of the regulated substance at a place stated in the licence;

(c) possession of the regulated substance for transportation to a place where a person is authorised, or where it is not unlawful for a person, to possess the substance;

(d) supply of the regulated substance, primarily by wholesale, to—

(i) if the licence states a class of persons to whom the substance may be supplied—a person who is a member of the class; or

(ii) otherwise—a person who is authorised, or for whom it is not unlawful, to carry out a regulated activity with the regulated substance;

(e) disposal of waste from the regulated substance.

65 What is an S2 retail licence or an S7 retail licence

(1) An
"S2 retail licence" is a licence that authorises a person to carry out the following regulated activities with an S2 medicine stated in the licence—

(a) buying stock of the medicine;

(b) selling the medicine by retail at a place stated in the licence.

(2) An
"S7 retail licence" is a licence that authorises a person to carry out the following regulated activities with an S7 substance stated in the licence—

(a) buying stock of the substance;

(b) possession of the substance at a place stated in the licence;

(c) possession of the substance for transportation to a place where a person is authorised, or where it is not unlawful for a person, to possess the substance;

(d) selling the substance by retail to—

(i) if the licence states a class of persons to whom the substance may be sold—a person who is a member of the class; or

(ii) otherwise—a person who is authorised, or for whom it is not unlawful, to carry out a regulated activity with the substance;

(e) disposal of waste from the substance.

66 What is a pest management licence

A
"pest management licence" is a licence that authorises a person to carry out the pest management activities stated in the licence using a fumigant or pesticide stated in the licence.

67 What is a prescribing approval

A
"prescribing approval" is an approval that authorises a person to carry out any of the following regulated activities with a medicine stated in the approval—

(a) prescribing the medicine for a person, or a class of persons, stated in the approval in the stated circumstances;

(b) buying, possessing, administering, dispensing and giving a treatment dose of the medicine in the stated circumstances.

68 What is a general approval

(1) A
"general approval" is an approval that authorises a person to carry out a regulated activity with a regulated substance stated in the approval.

(2) A regulation may prescribe different classes of general approvals for carrying out different types of regulated activities.

69 Duration

A substance authority remains in force for the term decided by the chief executive and stated in the authority, unless sooner suspended, cancelled or surrendered.

70 Conditions

(1) A substance authority is subject to—

(a) a condition (a
"standard condition") prescribed by regulation to apply to the substance authority; and

(b) any additional condition decided by the chief executive under part 3. Conditions stating—

• how to test batches of regulated substances during manufacturing; or

• how a person must dispose of waste from a regulated substance; or

• when and how the holder of a substance authority must advise the chief executive of changes to the holder’s circumstances

(2) If the chief executive decides to change a standard condition under part 3, the substance authority is subject to the changed condition instead of the standard condition.

(3) For subsection (1), the regulation may prescribe a standard condition for a substance authority by reference to a code, guideline, protocol or standard, including a departmental standard.

71 Failure to comply with substance authority conditions

A person to whom a substance authority applies must comply with the conditions of the authority unless the person has a reasonable excuse.

72 Transfer unavailable

(1) A substance authority can not be transferred.

(2) If the sole holder of a substance authority dies, the authority is cancelled.

73 Changes affecting substance authority

(1) This section applies if the holder of a substance authority notifies the chief executive of a change in circumstances in relation to the authority.

(2) The chief executive may require the holder to apply to amend the substance authority in a stated way, or apply for a new substance authority, by a stated reasonable day.

(3) The chief executive must give the holder an information notice for the decision to make a request under subsection (2).

(4) The substance authority is cancelled—

(a) if the holder does not comply with the request before the stated day—on the stated day; or

(b) if the holder applies for a new substance authority—on the day the application is decided.

74 Finalising a substance authority

(1) This section applies if a person stops being the holder of a substance authority. The holder of a manufacturing licence surrenders the licence.

(2) The chief executive may give the person a notice authorising the person to carry out a stated regulated activity with the regulated substance in a stated way for a stated period. A notice states that a person who has surrendered a manufacturing licence for S7 poisons may store the poisons at the place where the poisons were manufactured for 6 months until the poisons can be taken to a disposal facility.

(3) The person is taken to carry out the regulated activity with the regulated substance in the authorised way if the person complies with the notice.

75 Requirements for making initial application

An application for a substance authority (an
"initial application") must—

(a) be made to the chief executive; and

(b) be in the approved form; and

(c) be accompanied by the fee prescribed by regulation; and

(d) if the application is for a pest management licence—be made by an individual of at least 17 years.

76 Deciding initial application

(1) The chief executive must decide whether or not to grant the initial application.

(2) In considering the initial application, the chief executive may have regard to any of the following matters—

(a) the need for, and the safety and efficacy of, the regulated activity with the regulated substance proposed in the application;

(b) whether a relevant person is a fit and proper person for the substance authority applied for; See section 216 for when the chief executive may seek criminal history information about a relevant person.

(c) any standard conditions for the substance authority for which the application is made; See section 70 in relation to standard conditions.

(d) whether the place at which the regulated activity is proposed to be carried out is suitable for the activity;

(e) if a substance management plan is required under section 93(1) for the place—whether a plan has been prepared;

(f) if the application is for a pest management licence—a health assessment under section 90.

(3) If the initial application relates to matters stated in a competency standard, the chief executive must have regard to the competency standard when considering the application.

(4) If the chief executive decides to grant the initial application, the chief executive may also decide to take either of the following actions if the chief executive is satisfied the action is reasonably necessary—

(a) impose additional conditions on the substance authority;

(b) change a standard condition. See section 70(2) for the effect of changing a standard condition.

(5) In this section—
"competency standard" means a departmental standard stating training and competency requirements for a person carrying out a regulated activity with a regulated substance.

77 Notice about decision

(1) If the chief executive decides to grant the initial application without imposing additional conditions or changing any standard conditions, the chief executive must give the applicant a notice stating—

(a) that the substance authority is granted; and

(b) the day the decision takes effect; and

(c) that the standard conditions apply to the substance authority.

(2) If the chief executive decides to grant the initial application subject to additional conditions or changes to any standard conditions, or decides to refuse to grant the application, the chief executive must give the applicant an information notice for the decision.

78 Requirements for making amendment application

(1) The holder of a substance authority may apply (an
"amendment application") to the chief executive to amend the authority.

(2) The amendment application must—

(a) be made to the chief executive; and

(b) be in the approved form; and

(c) be accompanied by the fee prescribed by regulation.

79 Deciding amendment application

(1) The chief executive must decide whether or not to grant the amendment application.

(2) In considering the amendment application, the chief executive may have regard to—

(a) the conditions of the substance authority; and

(b) any changes to the matters considered by the chief executive when the substance authority was granted.

80 Notice about decision

(1) If the chief executive decides to grant the amendment application, the chief executive must give the applicant a notice stating—

(a) the amendment for the substance authority; and

(b) the day the decision takes effect.

(2) If the chief executive decides to refuse to grant the amendment application, the chief executive must give the applicant an information notice for the decision.

81 Minor amendment by chief executive

(1) The chief executive may decide to amend a substance authority, without an application by the holder of the authority, if the amendment is only for—

(a) a formal or clerical reason; or

(b) another reason that does not adversely affect the interests of the holder.

(2) As soon as practicable after the chief executive decides to make the amendment, the chief executive must give the holder a notice stating the amendment and the reason for the amendment.

82 Requirements for making renewal application

(1) The holder of a substance authority may apply (a
"renewal application") to the chief executive to renew the authority unless the authority states it must not be renewed.

(2) The renewal application must—

(a) be made to the chief executive; and

(b) be in the approved form; and

(c) be accompanied by the fee prescribed by regulation; and

(d) be made within the period starting 90 days before the term of the substance authority ends.

(3) Despite subsection (2)(d), the chief executive may accept a renewal application for a substance authority made within 30 days after the term of the authority ends if the chief executive is satisfied it is reasonable to accept the application in the circumstances.

(4) If the chief executive accepts the renewal application, the substance authority is taken to have authorised the carrying out of the regulated activity with the regulated substance stated in the authority for the period between—

(a) the day the authority ended; and

(b) the day the chief executive accepted the application.

See section 85 about a substance authority being in force while a renewal application is considered.

83 Deciding renewal application

(1) The chief executive must decide whether or not to grant the renewal application.

(2) In considering the renewal application, the chief executive may have regard to—

(a) the conditions of the substance authority; and

(b) any changes to the matters considered by the chief executive when the substance authority was granted.

See also division 4 in relation to the chief executive’s consideration of applications.

(3) If the chief executive decides to grant the renewal application, the chief executive may also decide to take either of the following actions if the chief executive is satisfied the action is reasonably necessary—

(a) impose additional conditions on the substance authority;

(b) change a condition of the substance authority, including a standard condition. See section 70(2) for the effect of changing a standard condition.

84 Notice about decision

(1) If the chief executive decides to grant the renewal application without imposing additional conditions or changing any conditions, the chief executive must give the applicant a notice stating—

(a) that the substance authority is renewed; and

(b) the day the decision takes effect; and

(c) the conditions that apply to the substance authority.

(2) If the chief executive decides to grant the renewal application subject to additional conditions or changes to any conditions, or decides to refuse to grant the application, the chief executive must give the applicant an information notice for the decision.

85 Substance authority in force while renewal application considered

(1) A substance authority subject to a renewal application continues in force from the day the renewal application is accepted by the chief executive until the application is decided or taken to have been withdrawn under division 4.

(2) However, if the application is refused, or taken to be refused, the substance authority continues in force until an information notice for the refusal is given to the applicant.

(3) This section does not apply if the substance authority is earlier suspended or cancelled under chapter 4, part 3.

95 Definitions for part

In this part—

"administrative action", in relation to an authority, means action—

(a) changing a condition of an authority; or

(b) suspending an authority for a stated period or indefinitely; or

(c) cancelling a substance authority.

"agreed administrative action" see section 103(3).

"authority" means a substance authority or an approved person’s authorisation.

"condition", of an approved person’s authorisation, means—

(a) the circumstances in which, or purposes for which, the approved person is authorised under section 54(4); or

(b) a requirement prescribed under section 91(1) for the approved person in relation to carrying out a regulated activity with a regulated substance.

"holder", of an authority, means—

(a) for a substance authority—the entity granted the substance authority; or

(b) for an approved person’s authorisation—the approved person.

"review day", for administrative action, means the earliest day on which the chief executive is required under this part to consider ending or changing the administrative action.

"show cause notice" see section 97(2).

"show cause period" see section 97(2)(d).

96 Grounds for taking action

(1) The chief executive may take administrative action in relation to an authority if the chief executive believes—

(a) a relevant person for the authority has contravened a requirement under this Act or a corresponding law; or

(b) the administrative action is reasonably necessary to prevent or minimise a health risk; or

(c) a relevant person for the authority is not a fit and proper person; or See section 216 for when the chief executive may seek criminal history information about a relevant person.

(d) a relevant person for the authority has made a materially false or misleading representation to obtain the authority.

(2) However, the chief executive may take administrative action under this section only if the chief executive has considered giving a compliance notice to the person about the matter to which the proposed administrative action relates.

97 Show cause notice before taking action

(1) This section applies if the chief executive is proposing to take administrative action in relation to an authority under section 96.

(2) The chief executive must first give the holder of the authority a notice (a
"show cause notice") stating—

(a) that the chief executive proposes to take the administrative action; and

(b) the proposed administrative action, including whether it applies to—

(i) all regulated activities with regulated substances to which the authority relates; or

(ii) a particular regulated activity or regulated substance; and

(c) the reasons for the proposed administrative action; and

(d) that the holder may, within a stated period of at least 21 days (the
"show cause period"), give the chief executive a written response to the show cause notice.

98 Chief executive must consider response

(1) This section applies if the holder of the authority, within the show cause period, gives the chief executive a written response to the show cause notice.

(2) The chief executive must consider the written response before deciding whether or not to take the proposed administrative action stated in the show cause notice.

99 Decision not to take administrative action

If the chief executive decides not to take the proposed administrative action stated in the show cause notice, the chief executive must give the holder notice of the decision.

100 Decision to take administrative action

(1) This section applies if—

(a) the show cause period has ended; and

(b) the chief executive has considered any written response from the holder of the authority; and

(c) the chief executive believes there is a ground for taking administrative action.

(2) The chief executive may decide—

(a) to take the administrative action stated in the show cause notice; or

(b) to take other administrative action that is less onerous.

(3) If the chief executive decides to take administrative action to suspend the authority indefinitely or change the conditions of the authority, the chief executive must also decide the review day for the administrative action.

(4) The chief executive must give the holder an information notice for a decision under subsection (2) or (3).

(5) The administrative action takes effect on the day stated in the information notice.

(6) The day stated in the information notice under subsection (5) must not be earlier than the day the notice is given to the holder.

101 Application of division

(1) This division applies in relation to taking administrative action despite another division of this part.

(2) Each section of this division applies even if the chief executive has started, but not completed, the process for making a decision under another section of this division.

102 Immediate administrative action

(1) The chief executive may decide to take administrative action in relation to an authority on a ground mentioned in section 96(1) without giving the holder of the authority a show cause notice.

(2) However, subsection (1) applies only if the chief executive considers it is reasonably necessary to take the administrative action immediately because there is an urgent need to prevent a serious health risk to any person, including to the holder.

(3) If the chief executive decides to take administrative action to suspend an authority indefinitely or change the conditions of an authority, the chief executive must also decide the review day for the administrative action.

(4) The chief executive must give the holder an information notice for a decision under subsection (1) or (3).

(5) The administrative action takes effect on the day stated in the information notice.

(6) The day stated in the information notice under subsection (5) must not be earlier than the day the notice is given to the holder.

103 Agreed administrative action

(1) The chief executive may take administrative action in relation to an authority, other than cancellation of the authority, if a relevant person for the authority to whom the action applies agrees to the action being taken. An approved person agrees to an indefinite suspension of the approved person’s authorisation.

(2) However, if the authority is a substance authority, the chief executive may take the administrative action only if the holder of the authority also agrees to the action.

(3) Action taken under subsection (1) is
"agreed administrative action".

(4) The chief executive and the relevant person must agree to a review day for the administrative action.

(5) The chief executive must give the holder a notice stating—

(a) the terms of the agreed administrative action; and

(b) the review day that has been agreed by the relevant person for the administrative action.

(6) The administrative action takes effect on the day stated in the notice.

(7) The day stated in the notice under subsection (6) must not be earlier than the day the notice is given to the holder.

104 Application of division

This division does not apply in relation to administrative action that is the cancellation of a substance authority.

105 Request by holder to review administrative action

(1) The holder of an authority in relation to which administrative action has been taken may—

(a) ask the chief executive, in writing, to review the administrative action; and

(b) give the chief executive information supporting the holder’s request under paragraph (a).

(2) However, the holder may make a request under subsection (1) only on or after the review day for the administrative action.

106 Decision after reviewing administrative action on request

(1) The chief executive must consider a request made under section 105 and decide whether to—

(a) end the administrative action; or

(b) continue the administrative action (
"further administrative action"); or

(c) take other administrative action in relation to the authority that is less onerous (also
"further administrative action").

(2) However, if the administrative action being considered is agreed administrative action, the chief executive may take further administrative action (
"further agreed action") only if—

(a) the relevant person to whom the further administrative action applies agrees to the action; and

(b) if the authority is a substance authority—the holder of the authority agrees to the further administrative action.

(3) If the chief executive decides to take further administrative action that is the suspension of the authority indefinitely or changing the conditions of the authority, the chief executive must also decide the review day for the further administrative action.

(4) If the chief executive decides to end the administrative action, or decides to take further agreed action, the chief executive must give the holder notice of the decision.

(5) If subsection (4) does not apply, the chief executive must give the holder an information notice for the decision.

107 Review of administrative action by chief executive

(1) The chief executive may decide to review administrative action taken in relation to an authority (the
"original action")—

(a) whether or not a request for the review of the original action has been made by the holder of the authority; and

(b) whether or not the decision is made before the review day for the original action.

(2) However, the review must be on a ground mentioned in section 96(1).

(3) If the chief executive proposes to change or continue the original action, the chief executive must give the holder of the authority a show cause notice.

(4) Sections 97 to 100 apply in relation to the show cause notice as if—

(a) the original action had not been taken; and

(b) the proposed change or continuation of the original action were the proposed administrative action to be taken under the sections.

(5) If the chief executive decides to end the administrative action, the chief executive must give the holder notice of the decision.

111 What is an emerging risk declaration

An
"emerging risk declaration" is a declaration made by the chief executive declaring 1 or more of the following in relation to a substance that is not a regulated substance—

(a) the substance must not be made, sold or used in the State;

(b) the substance may be used only in a particular device or in a particular way;

(c) a particular device must not be used with the substance;

(d) the substance must be disposed of in a particular way.

112 Making emerging risk declaration

(1) The chief executive may make an emerging risk declaration in relation to a substance that is not a regulated substance if the chief executive believes—

(a) the substance is being made, sold or used in the State, including by using a device; and

(b) there is an urgent need to regulate, or further regulate, the substance under this Act because of a health risk.

(2) However, the chief executive may not make an emerging risk declaration in relation to a medical device under the Therapeutic Goods Act 1989 (Cwlth).

(3) The emerging risk declaration may state particular conditions that apply to carrying out an activity with the substance, including conditions about using particular devices, if the chief executive is satisfied the conditions are reasonably necessary to prevent or minimise a health risk.

113 Matters to be included in emerging risk declaration

(1) The emerging risk declaration must state—

(a) a description of the substance to which the declaration applies; and

(b) if the declaration relates to a device—

(i) a description of the device; and

(ii) either—

(A) a description of the particular way the device may or may not be used with the substance; or

(B) a statement that the device must not be used with the substance; and

(c) any conditions that apply to carrying out an activity with the substance.

(2) Also, the emerging risk declaration may state a day on which it takes effect and a day on which it ends.

114 Publication of emerging risk declaration

(1) The chief executive must—

(a) publish the emerging risk declaration on the department’s website; and

(b) take reasonable steps to ensure persons likely to be directly affected by the declaration are made aware of it. publishing media releases, contacting persons affected, advertising in newspapers or other publications

(2) An emerging risk declaration is not invalid only because of a failure of the chief executive to comply with subsection (1).

115 Effect and duration of emerging risk declaration

(1) The emerging risk declaration takes effect—

(a) when the declaration is published on the department’s website; or

(b) if the declaration states a later day it takes effect—on the later day.

Section 128 states the process for applying for compensation for an emerging risk declaration.

(2) Unless it is sooner revoked, the emerging risk declaration continues in effect until the earliest of the following days—

(a) if the declaration states a day on which it ends—the stated day;

(b) the day the substance stated in the declaration becomes a regulated substance;

(c) if the declaration relates to a device—the day the device is registered as a medical device under the Therapeutic Goods Act 1989 (Cwlth);

(d) the day that is 3 months after the day the declaration takes effect.

(3) If a provision of this Act or a decision made under this Act is inconsistent with the emerging risk declaration, the declaration prevails to the extent of the inconsistency.

116 Failure to comply with emerging risk declaration

A person must comply with the emerging risk declaration unless the person has a reasonable excuse.

117 Renewal of emerging risk declaration

(1) Before the emerging risk declaration ends, the chief executive may renew the declaration by publishing a notice on the department’s website.

(2) However, subsection (1) applies only if the chief executive believes—

(a) more time is needed to allow—

(i) the substance stated in the declaration to be prescribed under section 11, 12 or 13 as a medicine, poison or prohibited substance; or

(ii) the substance stated in the declaration to be considered under the Therapeutic Goods Act 1989 (Cwlth) for listing in the Poisons Standard; or

(iii) the device stated in the declaration to be registered as a medical device under the Therapeutic Goods Act 1989 (Cwlth); and

(b) the substance, or use of the substance with a device, should in the meantime continue to be regulated under this Act to prevent or minimise a health risk.

(3) In renewing the emerging risk declaration, the chief executive may decide to change any matter stated in the declaration if the chief executive considers the change is reasonably necessary.

(4) The notice for the renewal must state the following matters—

(a) the emerging risk declaration to which the renewal applies;

(b) the day, no later than 3 months after the day on which the renewal notice is published, on which the declaration ends;

(c) if the chief executive decides to change a matter stated in the declaration—a brief statement of the change and the reasons for the change.

(5) The renewal takes effect on the day the emerging risk declaration would, but for the renewal, end.

(6) The chief executive must take reasonable steps to ensure persons likely to be directly affected by the renewal of the emerging risk declaration are made aware of the renewal. publishing media releases, contacting persons affected, advertising in newspapers or other publications

(7) The renewal of the emerging risk declaration is not invalid only because of a failure of the chief executive to comply with subsection (6).

128 Compensation for emerging risk declaration or recall order

(1) A person directly affected by an emerging risk declaration or the responsible person for a recall order may apply to the chief executive for compensation.

(2) The chief executive must pay just and reasonable compensation to the applicant if—

(a) the applicant suffered loss because of the making of the emerging risk declaration or recall order; and

(b) there were insufficient grounds for the making of the declaration or order.

(3) If the chief executive decides to refuse the application, or to pay an amount of compensation less than the amount sought by the applicant, the chief executive must give the applicant a QCAT information notice for the decision.

129 Inspectors under part

This part includes provision for the appointment of inspectors, and gives inspectors particular powers.

130 Functions of inspectors

An inspector has the following functions—

(a) to investigate, monitor and enforce compliance with this Act;

(b) to investigate or monitor whether an occasion has arisen for the exercise of powers under this Act;

(c) to facilitate the exercise of powers under this Act.

131 Appointment and qualifications

(1) The chief executive may, by instrument in writing, appoint any of the following persons as inspectors—

(a) a health service employee;

(b) a public service employee;

(c) other persons prescribed by regulation.

(2) However, the chief executive may appoint a person as an inspector only if the chief executive is satisfied the person is appropriately qualified.

132 Appointment conditions and limit on powers

(1) An inspector holds office on any conditions stated in—

(a) the inspector’s instrument of appointment; or

(b) a signed notice given to the inspector; or

(c) a regulation.

(2) The instrument of appointment, a signed notice given to the inspector or a regulation may limit the inspector’s powers.

(3) In this section—
"signed notice" means a notice signed by the chief executive.

133 When office ends

(1) The office of a person as an inspector ends if any of the following happens—

(a) the term of office stated in a condition of office ends;

(b) under another condition of office, the office ends;

(c) the inspector’s resignation under section 134 takes effect.

(2) Subsection (1) does not limit the ways the office of a person as an inspector ends.

(3) In this section—
"condition of office" means a condition under which the inspector holds office.

134 Resignation

An inspector may resign by signed notice given to the chief executive.

135 Issue of identity card

(1) The chief executive must issue an identity card to each inspector.

(2) The identity card must—

(a) contain a recent photo of the inspector; and

(b) contain a copy of the inspector’s signature; and

(c) identify the person as an inspector under this Act; and

(d) state an expiry date for the card.

(3) This section does not prevent the issue of a single identity card to a person for this Act and other purposes.

136 Production or display of identity card

(1) In exercising a power in relation to a person in the person’s presence, an inspector must—

(a) produce the inspector’s identity card for the person’s inspection before exercising the power; or

(b) have the identity card displayed so it is clearly visible to the person when exercising the power.

(2) However, if it is not practicable to comply with subsection (1), the inspector must produce the identity card for the person’s inspection at the first reasonable opportunity.

(3) For subsection (1), an inspector does not exercise a power in relation to a person only because the inspector has entered a place as mentioned in section 140(1)(b) or (d).

137 Return of identity card

If the office of a person as an inspector ends, the person must return the person’s identity card to the chief executive within 21 days after the office ends unless the person has a reasonable excuse.

138 References to exercise of powers

If—

(a) a provision of this chapter refers to the exercise of a power by an inspector; and

(b) there is no reference to a specific power;

the reference is to the exercise of all or any inspectors’ powers under this Act or a warrant, to the extent the powers are relevant.

139 Reference to document includes reference to reproductions from electronic document

A reference in this chapter to a document includes a reference to an image or writing—

(a) produced from an electronic document; or

(b) not yet produced, but reasonably capable of being produced, from an electronic document, with or without the aid of another article or device.

140 General power to enter places

(1) An inspector may enter a place if—

(a) an occupier at the place consents under division 2 to the entry and section 144 has been complied with for the occupier; or

(b) it is a public place and the entry is made when the place is open to the public; or

(c) the entry is authorised under a warrant and, if there is an occupier of the place, section 152 has been complied with for the occupier; or

(d) it is a professional practice place of a person authorised under this Act and the entry is made when the place is—

(i) open for carrying on business; or

(ii) otherwise open for entry; or

(e) it is an authorised place that is required to be open for inspection as a condition of the authorisation of the place; or

(f) the entry is authorised under section 141 and section 146 has been complied with.

(2) Subsection (1)(d), (e) and (f) does not authorise entry to a part of the place where a person resides.

(3) If the power to enter arose only because an occupier of the place consented to the entry, the power is subject to any conditions of the consent and ceases if the consent is withdrawn.

(4) The consent may provide consent for re-entry and is subject to the conditions of consent.

(5) If the power to enter is under a warrant, the power is subject to the terms of the warrant.

(6) If the power to re-enter is under a warrant, the re-entry is subject to the terms of the warrant.

(7) In this section—
"authorised place" means a place where a regulated activity with a regulated substance is authorised to be carried out under an approved person’s authorisation or a substance authority.professional practice place, of a person authorised under this Act—

(a) means a place where the person lawfully practises a profession, or performs functions, for which the person is authorised; and

(b) if the person holds a pest management licence—includes a place where building work under the Queensland Building and Construction Commission Act 1991 is being, or is about to be, carried out.

141 Power to enter place to check compliance with compliance notice or recall order

(1) This section applies if—

(a) a compliance notice has been given to a person or a recall order has been given to a responsible person; and

(b) the person practises a profession or performs functions at a place that is the subject of a matter mentioned in the notice or order.

(2) An inspector may, at reasonable times, enter the place to check whether the compliance notice or recall order has been complied with. See, however, the restrictions on entry under section 140(2).

142 Application of division

This division applies if an inspector intends to ask an occupier of a place to consent to the inspector or another inspector entering the place.

143 Incidental entry to ask for access

For the purpose of asking the occupier for the consent, an inspector may, without the occupier’s consent or a warrant—

(a) enter land around premises at the place to an extent that is reasonable to contact the occupier; or

(b) enter part of the place the inspector reasonably considers members of the public ordinarily are allowed to enter when they wish to contact an occupier of the place.

144 Matters inspector must tell occupier

Before asking for the consent, the inspector must—

(a) explain to the occupier the purpose of the entry, including the powers intended to be exercised; and

(b) tell the occupier that—

(i) the occupier is not required to consent; and

(ii) the consent may be given subject to conditions and may be withdrawn at any time.

145 Consent acknowledgement

(1) If the consent is given, the inspector may ask the occupier to sign an acknowledgement of the consent.

(2) The acknowledgement must state—

(a) the purpose of the entry, including the powers to be exercised; and

(b) that the occupier has been given an explanation about the purpose of the entry, including the powers intended to be exercised; and

(c) that the occupier has been told—

(i) that the occupier is not required to consent; and

(ii) that the consent may be given subject to conditions and may be withdrawn at any time; and

(d) that the occupier gives the inspector or another inspector consent to enter the place and exercise the powers; and

(e) the day and time the consent was given; and

(f) any conditions of the consent.

(3) If the occupier signs the acknowledgement, the inspector must, as soon as practicable and no later than 1 business day, give a copy to the occupier.

(4) If—

(a) an issue arises in a proceeding about whether the occupier consented to the entry; and

(b) a signed acknowledgement complying with subsection (2) for the entry is not produced in evidence;

the onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented.

146 Entry of place under s 141

(1) An inspector must, before entering a place under section 141, make a reasonable attempt to locate an occupier of the place and obtain the occupier’s consent to the entry. See division 2 in relation to entry by consent.

(2) Subsection (3) applies if—

(a) after being unable to locate an occupier, the inspector subsequently finds an occupier present at the place; or

(b) an occupier refused to consent to the entry.

(3) The inspector must make reasonable attempts to—

(a) produce the inspector’s identity card for the occupier’s inspection; and

(b) inform the occupier—

(i) of the reason for entering the place; and

(ii) that the inspector is authorised under this Act to enter the place without the permission of the occupier.

See, however, the restrictions on entry under section 140(2).

(4) Also, if the inspector enters the place after being unable to locate an occupier, the inspector must leave a notice in a conspicuous position and in a reasonably secure way stating—

(a) the date and time of the entry; and

(b) information addressing the matters mentioned in subsection (3)(b).

153 Application of division

This division applies if an inspector reasonably suspects, or is aware, that a thing in or on a vehicle may provide evidence of the commission of an offence against this Act.

154 Power to stop or move

(1) If the vehicle is moving, the inspector may, to exercise the inspector’s powers, signal or otherwise direct the person in control of the vehicle to stop the vehicle and to bring the vehicle to, and keep it at, a convenient place within a reasonable distance to allow the inspector to exercise the powers.

(2) If the vehicle is stopped, the inspector may direct the person in control of the vehicle—

(a) not to move it until the inspector has exercised the inspector’s powers; or

(b) to move the vehicle to, and keep it at, a stated reasonable place to allow the inspector to exercise the powers.

(3) When giving the direction under subsection (2), the inspector must give the person in control an offence warning for the direction.

155 Identification requirements if vehicle moving

(1) This section applies if the inspector proposes to give a direction under section 154(1) and the vehicle is moving.

(2) The inspector must clearly identify the inspector is exercising powers.

1 If the inspector is in a moving vehicle, the inspector may use a loudhailer to identify the inspector is exercising powers.

2 If the inspector is standing at the side of the road, the inspector may use a sign to identify the inspector is exercising powers.

(3) When the vehicle stops, the inspector must immediately produce the inspector’s identity card for the inspection of the person in control of the vehicle.

(4) Subsection (3) applies despite section 136.

156 Failure to comply with direction

(1) The person in control of the vehicle must comply with a direction under section 154 unless the person has a reasonable excuse. Maximum penalty—50 penalty units.

(2) It is a reasonable excuse for the person not to comply with a direction if—

(a) the vehicle is moving and the inspector has not complied with section 155; or

(b) to comply immediately would endanger the person or someone else or cause loss or damage to property, and the person complies as soon as it is practicable to do so.

(3) Subsection (2) does not limit what may be a reasonable excuse for subsection (1).

(4) A person does not commit an offence against subsection (1) if—

(a) the direction the person fails to comply with is given under section 154(2); and

(b) the person is not given an offence warning for the direction.

157 Application of division

(1) The powers under this division may be exercised if an inspector enters a place under section 140(1)(a), (c), (d) or (e).

(2) However, if the inspector enters under section 140(1)(a) or (c), the powers under this division are subject to any conditions of the consent or terms of the warrant.

158 General powers

(1) The inspector may do any of the following (each a
"general power")—

(a) search any part of the place;

(b) inspect, examine or film any part of the place or anything at the place;

(c) take for examination a thing, or a sample of or from a thing, at the place;

(d) place an identifying mark in or on anything at the place;

(e) take an extract from, or copy, a document at the place, or take the document to another place to copy;

(f) produce an image or writing at the place from an electronic document or, to the extent it is not practicable, take a thing containing an electronic document to another place to produce an image or writing;

(g) take to, into or onto the place and use any person, equipment and materials the inspector reasonably requires for exercising the inspector’s powers under this part;

(h) remain at the place for the time necessary to achieve the purpose of the entry.

(2) The inspector may take a necessary step to allow the exercise of a general power.

(3) If the inspector takes a document from the place to copy it, the inspector must copy the document and return it to the place as soon as practicable.

(4) If the inspector takes from the place an article or device reasonably capable of producing a document from an electronic document to produce the document, the inspector must produce the document and return the article or device to the place as soon as practicable.

(5) In this section—
"examine" includes analyse, test, account, measure, weigh, grade, gauge and identify.
"film" includes photograph, videotape and record an image in another way.
"inspect", a thing, includes open the thing and examine its contents.

159 Power to require reasonable help

(1) The inspector may make a requirement (a
"help requirement") of an occupier of the place or a person at the place to give the inspector reasonable help to exercise a general power, including, for example, to produce a document or to give information.

(2) When making the help requirement, the inspector must give the person an offence warning for the requirement.

160 Offence to contravene help requirement

(1) A person of whom a help requirement has been made must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—50 penalty units.

(2) It is a reasonable excuse for an individual not to comply with a help requirement if complying might tend to incriminate the individual or expose the individual to a penalty.

(3) However, subsection (2) does not apply if a document or information the subject of the help requirement is required to be held or kept by the individual under this Act. See, however, section 188.

174 Disposal order

(1) This section applies if a person is convicted of an offence against this Act.

(2) The court may make an order (a
"disposal order"), on its own initiative or on an application by the prosecution, for the disposal of any of the following things owned by the person—

(a) anything that was the subject of, or used to commit, the offence;

(b) another thing the court considers is likely to be used by the person or another person in committing a further offence against this Act.

(3) The court may make a disposal order for a thing—

(a) whether or not it has been seized under this part; and

(b) if the thing has been seized—whether or not it has been returned to the former owner.

(4) In deciding whether to make a disposal order for a thing, the court—

(a) may require notice to be given to any person the court considers appropriate, including, for example, a person who may have any property in the thing; and

(b) must hear any submissions that a person claiming to have any property in the thing may wish to make.

(5) The court may make any order it considers appropriate to enforce the disposal order.

(6) This section does not limit the court’s powers under another law.

175 Power to require name and address

(1) This section applies if an inspector—

(a) finds a person committing an offence against this Act; or

(b) finds a person in circumstances that lead the inspector to reasonably suspect the person has just committed an offence against this Act; or

(c) has information that leads the inspector to reasonably suspect a person has just committed an offence against this Act.

(2) The inspector may require the person to state the person’s name and residential address.

(3) The inspector may also require the person to give evidence of the correctness of the stated name or address if, in the circumstances, it would be reasonable to expect the person to—

(a) be in possession of evidence of the correctness of the stated name or address; or

(b) otherwise be able to give the evidence.

(4) When making a personal details requirement, the inspector must give the person an offence warning for the requirement.

(5) A requirement under this section is a
"personal details requirement".

176 Offence to contravene personal details requirement

(1) A person of whom a personal details requirement has been made must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—50 penalty units.

(2) A person may not be convicted of an offence against subsection (1) unless the person is found guilty of the offence in relation to which the personal details requirement was made.

177 Power to require production of document

(1) An inspector may require a person to make available for inspection by an inspector, or to produce to an inspector for inspection, at a reasonable time and place nominated by the inspector—

(a) a document given to the person under this Act; or

(b) a document required to be kept by the person under this Act; or

(c) if a document or information required to be kept by the person under this Act is stored or recorded by means of a device—a document that is a clear written reproduction of the stored or recorded document or information.

(2) A requirement under subsection (1) is a
"document production requirement".

(3) For an electronic document, compliance with the document production requirement requires the making available or production of a clear written reproduction of the electronic document.

(4) The inspector may keep the document to copy it.

(5) If the inspector copies the document, or an entry in the document, the inspector may require the person responsible for keeping the document to certify the copy as a true copy of the document or entry.

(6) A requirement under subsection (5) is a
"document certification requirement".

(7) The inspector must return the document to the person as soon as practicable after copying it.

(8) However, if a document certification requirement is made of a person, the inspector may keep the document until the person complies with the requirement.

178 Offence to contravene document production requirement

(1) A person of whom a document production requirement has been made must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—50 penalty units.

(2) It is not a reasonable excuse for a person to fail to comply with a document production requirement on the basis that complying with the requirement might tend to incriminate the person or expose the person to a penalty. See, however, section 188.

(3) The inspector must inform the person, in a way that is reasonable in the circumstances, that—

(a) the person must comply with the document production requirement even though complying might tend to incriminate the person or expose the person to a penalty; and

(b) if the person is an individual—there is a limited immunity under section 188 against the future use of the information or document given in compliance with the requirement.

(4) If the person fails to comply with the document production requirement when the inspector has failed to comply with subsection (3), the person may not be convicted of the offence against subsection (1).

(5) If a court convicts a person of an offence against subsection (1), the court may, as well as imposing a penalty for the offence, order the person to comply with the document production requirement.

179 Offence to contravene document certification requirement

(1) A person of whom a document certification requirement has been made must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—50 penalty units.

(2) It is not a reasonable excuse for a person to fail to comply with a document certification requirement on the basis that complying with the requirement might tend to incriminate the person or expose the person to a penalty. See, however, section 188.

(3) The inspector must inform the person, in a way that is reasonable in the circumstances, that—

(a) the person must comply with the document certification requirement even though complying might tend to incriminate the person or expose the person to a penalty; and

(b) if the person is an individual—there is a limited immunity under section 188 against the future use of the information or document given in compliance with the requirement.

(4) If the person fails to comply with the document certification requirement when the inspector has failed to comply with subsection (3), the person may not be convicted of the offence against subsection (1).

180 Power to require information

(1) This section applies if an inspector reasonably believes—

(a) an offence against this Act has been committed; and

(b) a person may be able to give information about the offence.

(2) The inspector may, by notice given to the person, require the person to give the inspector information related to the offence by a stated reasonable time.

(3) For information that is an electronic document, compliance with the information requirement requires the giving of a clear image or written version of the electronic document.

181 Offence to contravene information requirement

(1) A person of whom a requirement is made under section 180(2) must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—50 penalty units.

(2) It is a reasonable excuse for an individual not to give the information if giving the information might tend to incriminate the individual or expose the individual to a penalty.

182 Duty to avoid inconvenience and minimise damage

In exercising a power, an inspector must take all reasonable steps to cause as little inconvenience, and do as little damage, as possible.

183 Notice of damage

(1) This section applies if—

(a) an inspector damages something when exercising, or purporting to exercise, a power; or

(b) a person (the
"assistant") acting under the direction or authority of an inspector damages something.

(2) However, this section does not apply to damage the inspector reasonably considers is trivial or if the inspector reasonably believes—

(a) there is no-one apparently in possession of the thing; or

(b) the thing has been abandoned.

(3) The inspector must give notice of the damage to a person who appears to the inspector to be an owner, or person in control, of the thing.

(4) However, if for any reason it is not practicable to comply with subsection (3), the inspector must—

(a) leave the notice at the place where the damage happened; and

(b) ensure the notice is left in a conspicuous position and in a reasonably secure way.

(5) The inspector may delay complying with subsection (3) or (4) if the inspector reasonably suspects complying with the subsection may frustrate or otherwise hinder the performance of the inspector’s functions.

(6) The delay may be only for so long as the inspector continues to have the reasonable suspicion and remains in the vicinity of the place.

(7) If the inspector believes the damage was caused by a latent defect in the thing or other circumstances beyond the control of the inspector or the assistant, the inspector may state the belief in the notice.

(8) The notice must state—

(a) particulars of the damage; and

(b) that the person who suffered the damage may claim compensation under section 184.

184 Compensation for exercise of powers generally

(1) A person may claim compensation from the State if the person incurs loss because of the exercise, or purported exercise, of a power by or for an inspector including a loss arising from compliance with a requirement made of the person under part 4, division 3 or 5.

(2) The compensation may be claimed and ordered in a proceeding—

(a) brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or

(b) for an alleged offence against this Act the investigation of which gave rise to the claim for compensation.

(3) The court may order the payment of compensation only if it is satisfied it is just to make the order in the circumstances of the particular case.

(4) Section 182 does not provide for a statutory right of compensation other than as provided by this section.

(5) In this section—
"loss" includes costs and damage.

185 Giving inspector false or misleading information

(1) A person must not, in relation to the administration of this Act, give an inspector information the person knows is false or misleading in a material particular. Maximum penalty—50 penalty units.

(2) Subsection (1) applies to information given in relation to the administration of this Act whether or not the information was given in response to a specific power under this Act.

(3) Subsection (1) does not apply to a person if the person, when giving information in a document—

(a) tells the inspector, to the best of the person’s ability, how the document is false or misleading; and

(b) if the person has, or can reasonably obtain, the correct information—gives the correct information.

186 Obstructing inspector

(1) A person must not obstruct an inspector exercising a power, or someone helping an inspector exercising a power, unless the person has a reasonable excuse. Maximum penalty—100 penalty units.

(2) If a person has obstructed an inspector, or someone helping an inspector, and the inspector decides to proceed with the exercise of the power, the inspector must warn the person that—

(a) it is an offence to cause an obstruction unless the person has a reasonable excuse; and

(b) the inspector considers the person’s conduct an obstruction.

(3) In this section—
"obstruct" includes assault, hinder, resist, attempt to obstruct and threaten to obstruct.

187 Impersonating inspector

A person must not impersonate an inspector.

188 Evidential immunity for individuals complying with particular requirements

(1) Subsection (2) applies if an individual gives or produces information or a document to an inspector under section 159 or 177.

(2) Evidence of the information or document, and other evidence directly or indirectly derived from the information or document, is not admissible against the individual in any proceeding to the extent the evidence tends to incriminate the individual, or expose the individual to a penalty, in the proceeding.

(3) Subsection (2) does not apply to—

(a) a proceeding about the false or misleading nature of the information or anything in the document or in which the false or misleading nature of the information or document is relevant evidence; or

(b) a proceeding in relation to administrative action taken against the individual; or

(c) a proceeding in relation to a compliance notice applying to the individual.

196 Definitions for part

In this part—

"affected person", in relation to a decision, means—

(a) if the decision is an original decision—a person who is given, or is entitled to be given, an information notice for the decision; or

(b) if the decision is an internal review decision—the person who applied for the internal review.

"internal review", of an original decision, see section 198(1).

"internal review decision" means a decision made, or taken to have been made, under section 200 on an application for internal review of an original decision.

"original decision" means a decision for which an information notice must be given under this Act, other than a decision to seize or forfeit a thing under chapter 5, part 4.

197 Review process must start with internal review

(1) An affected person for an original decision may apply to QCAT for a review of the decision only if a decision on an application for internal review of the decision has been made, or is taken to have been made, under this division.

(2) Subsection (1) does not apply to a decision about compensation made under section 128.

198 Who may apply for internal review

(1) An affected person for an original decision may apply to the chief executive for a review of the decision under this division (an
"internal review").

(2) If the affected person has not been given an information notice for the original decision, the affected person may ask the chief executive for an information notice for the decision.

(3) A failure by the chief executive to give the affected person an information notice for the original decision does not limit or otherwise affect the person’s right to apply for an internal review of the decision.

199 Requirements for application

(1) An application for internal review of an original decision must—

(a) be in the approved form; and

(b) for a person who has been given an information notice for the decision—include enough information to enable the chief executive to decide the application; and

(c) be made to the chief executive within—

(i) for a person who has been given an information notice for the decision—14 days after the day the person is given the notice; or

(ii) for a person who has not been given an information notice for the decision—28 days after the day the person becomes aware of the decision.

(2) The chief executive may, at any time, extend the period within which the application may be made.

(3) The application does not affect the operation of the decision or prevent the decision being implemented. Division 3 provides for a stay of the original decision.

200 Internal review

(1) The chief executive must, within 28 days after receiving an application for internal review of an original decision—

(a) review the original decision; and

(b) decide to—

(i) confirm the original decision; or

(ii) amend the original decision; or

(iii) substitute another decision for the original decision; and

(c) give the affected person for the original decision a QCAT information notice for the decision under paragraph (b).

(2) The chief executive and the affected person may, before the period stated in subsection (1) ends, agree to a longer period for the chief executive to comply with the subsection.

(3) The application may be dealt with only by a person who—

(a) did not make the original decision; and

(b) holds a more senior office than the person who made the original decision.

(4) Subsection (3) does not apply to an original decision made by the chief executive personally.

(5) If the chief executive does not give the affected person a QCAT information notice within the period required under subsection (1) or a longer period agreed under subsection (2), the chief executive is taken to confirm the original decision.

201 QCAT may stay operation of original decision

(1) An affected person for an original decision may apply to QCAT, in the way provided under the QCAT Act, for a stay of the operation of the decision.

(2) The application may be made at any time within the period within which an application for an internal review of the original decision may be made under division 2.

(3) QCAT may make an order staying the operation of the original decision only if it considers the order is desirable after having regard to the following—

(a) the interests of any person whose interests may be affected by the making of the order or the order not being made;

(b) any submission made to QCAT by the entity that made the original decision;

(c) the public interest.

(4) Subsection (3)(a) does not require QCAT to give a person whose interests may be affected by the making of the order, or the order not being made, an opportunity to make submissions for QCAT’s consideration if it is satisfied it is not practicable because of the urgency of the case or for another reason.

(5) A stay by QCAT under this section—

(a) may be given on conditions QCAT considers appropriate; and

(b) operates for the period fixed by QCAT; and

(c) may be amended or revoked by QCAT.

(6) The period of a stay by QCAT under this section must not extend past—

(a) the end of the period within which an application for an internal review of the original decision may be made under division 2; or

(b) if an application for an internal review of the original decision is made under division 2—the end of the period within which an application for a review of the internal review decision may be made under the QCAT Act. The QCAT Act, section 22(3) enables QCAT to stay the operation of the internal review decision, either on application by a person or on its own initiative.

202 Applying for external review

(1) This section applies to a person who must be given a QCAT information notice for a decision. The chief executive must give a QCAT information notice for an internal review decision and a decision about compensation under section 128.

(2) The person may apply to QCAT, as provided under the QCAT Act, for a review of the internal review decision or a decision about compensation under section 128. The QCAT Act, section 22(3) enables QCAT to stay the operation of the internal review decision, either on application by a person or on its own initiative.

203 Appealing seizure or forfeiture decision

(1) This section applies to a person who must be given an information notice for a decision of the chief executive (a
"property decision") to seize or forfeit a thing under chapter 5, part 4.

(2) The person may appeal to a Magistrates Court (the
"court") against the property decision by filing a notice of appeal with the registrar of the court.

(3) The notice of appeal must state fully the grounds of the appeal.

(4) The person must file the notice of appeal within 28 days after an information notice for the decision is given to the person or the person otherwise becomes aware of the decision.

(5) However, the court may, on application and at any time, extend the time for filing the notice of appeal.

(6) The person must serve a copy of the notice of appeal, and any application to extend the time for filing the notice of appeal, on the chief executive.

(7) The appeal does not affect the operation of the property decision or prevent the property decision being implemented.

204 Staying operation of decision

(1) A person mentioned in section 203(1) may apply to the court for a stay of the operation of the property decision.

(2) The court may, by order, stay the operation of the property decision to secure the effectiveness of the appeal.

(3) The court may stay the operation of the property decision on conditions the court considers appropriate.

(4) The stay operates for the period decided by the court.

(5) However, the period of the stay must not extend past the time when the court decides the appeal.

205 Powers of court on appeal

(1) When deciding the appeal against a property decision, the court—

(a) has the same powers as the chief executive in making the property decision; and

(b) is not bound by the rules of evidence; and

(c) must comply with natural justice.

(2) An appeal is by way of rehearing.

(3) The court may—

(a) confirm the property decision; or

(b) substitute another decision for the property decision; or

(c) set aside the property decision and return the matter to the chief executive with directions the court considers appropriate.

206 Effect of court’s decision on appeal

(1) If the court substitutes another decision for the property decision—

(a) the substituted decision is taken to be a decision of the chief executive; and

(b) the chief executive may give effect to the substituted decision as if—

(i) the substituted decision were the original decision of the chief executive; and

(ii) no application for review or appeal of the original decision had been made.

(2) If the court sets aside the property decision and returns the matter to the chief executive with directions, any decision made by the chief executive in accordance with the directions may not be reviewed or appealed against under this part.

207 Application of division

This division applies to a legal proceeding under this Act.

208 Evidentiary aids generally

(1) A certificate purporting to be signed by the chief executive stating any of the following matters is evidence of the matter—

(a) a stated document is 1 of the following things made, granted, given, issued or kept under this Act—

(i) an appointment or decision;

(ii) a direction, notice or requirement;

(iii) a record in a database or register;

(iv) a departmental standard;

(v) an emergency order;

(vi) an extended practice authority;

(vii) a substance authority;

(b) a stated document is a code, guideline, protocol or other standard mentioned in this Act;

(c) a stated document is a document given to the chief executive under this Act;

(d) a stated document is a copy of, or an extract from a part of, a thing mentioned in paragraph (a), (b) or (c);

(e) on a stated day, or for a stated period, a substance authority—

(i) was or was not in force; or

(ii) was or was not subject to a stated condition;

(f) on a stated day, or for a stated period, an appointment as an inspector or State analyst was or was not in force for a stated person;

(g) on a stated day—

(i) a stated person was given a stated notice or direction under this Act; or

(ii) a stated requirement under this Act was made of a stated person; or

(iii) a stated amount is payable under this Act by a stated person and has not been paid.

(2) In a complaint starting a proceeding, a statement that the matter came to the knowledge of the complainant on a stated day is evidence of when the matter came to the complainant’s knowledge.

(3) A certificate purporting to be that of a State analyst in relation to a thing seized or taken by an inspector under chapter 5 and stating any of the following matters is evidence of the matters—

(a) the analyst’s qualifications;

(b) the analyst took, or received from a stated person, the thing;

(c) the thing was analysed at a stated place on a stated day or during a stated period;

(d) the method used to analyse the thing;

(e) the results of the analysis.

(4) In a proceeding in which the chief executive applies under section 213 to recover costs incurred by the chief executive, a certificate by the chief executive stating that stated costs were incurred and the way in which, and purpose for which, they were incurred is evidence of the matters stated.

209 Evidence of regulated substance

(1) This section applies in relation to a legal proceeding in which it is necessary to prove that a particular substance is a regulated substance.

(2) Evidence that a regulated substance is commonly supplied under the same name or description as the particular substance is evidence that the particular substance is the same type of regulated substance.

(3) Evidence that the particular substance, or a container for the particular substance, is labelled or marked in the way required under this Act for a type of regulated substance is evidence that the particular substance is the same type of regulated substance.

210 Health assessment not admissible

(1) This section applies to a report about a person’s health assessment done by a medical practitioner under section 90.

(2) The report is not admissible as evidence in a legal proceeding, other than a review proceeding relating to the report.

(3) A person can not be compelled to produce the report, or to give evidence about the report or its contents, in a proceeding, other than a review proceeding relating to the report.

(4) Subsections (2) and (3) do not apply if the person to whom the report relates consents to the report being admitted, produced or given as evidence.

(5) In this section—
"review proceeding" means a proceeding for an internal review or external review under part 1.

211 Offences against this Act

(1) A proceeding for an offence against this Act is to be heard and decided summarily.

(2) A proceeding for the offence must start within the later of the following periods to end—

(a) 1 year after the offence was allegedly committed;

(b) 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the offence was allegedly committed.

212 Proceeding not to commence if compliance notice in effect

(1) This section applies to a person given a compliance notice in relation to a provision that it is an offence to contravene.

(2) The person can not be prosecuted for the offence unless the person—

(a) fails to comply with the compliance notice; and

(b) does not have a reasonable excuse for failing to comply.

213 Recovery of particular costs of investigation

(1) This section applies if—

(a) a court convicts a person of an offence against this Act; and

(b) the chief executive applies to the court for an order against the person for the payment of costs incurred by the State for the investigation of the offence; and

(c) the court finds the costs—

(i) were not, and could not reasonably have been, expected to be incurred for the investigation of the offence; and

(ii) were reasonably incurred.

(2) The court may order the person to pay the State an amount equal to the costs if it is satisfied it would be just to make the order in the circumstances of the particular case.

(3) In deciding whether to make the order, the court must have regard to—

(a) the extent to which the person’s conduct during the investigation contributed to the costs being incurred; and

(b) whether the offence was committed, wholly and partly, for a commercial purpose; and

(c) any other relevant matter.

(4) This section does not limit the court’s powers under the Penalties and Sentences Act 1992 or another law.

(5) An application to a court under this section, and any order made by the court on the application, is a judgment in the court’s civil jurisdiction.

(6) Any issue is to be decided on the balance of probabilities.

214 Executive officer may be taken to have committed offence

(1) If a corporation commits an offence against a serious offence provision, each executive officer of the corporation is taken to have also committed the offence if—

(a) the officer authorised or permitted the corporation’s conduct constituting the offence; or

(b) the officer was, directly or indirectly, knowingly concerned in the corporation’s conduct.

(2) The executive officer may be proceeded against for, and convicted of, the offence whether or not the corporation has been proceeded against for, or convicted of, the offence.

(3) This section does not affect either of the following—

(a) the liability of the corporation for the offence;

(b) the liability, under the Criminal Code, chapter 2, of any person, whether or not the person is an executive officer of the corporation, for the offence.

(4) In this section—
"serious offence provision" means each of the following provisions—

• a provision of chapter 2, part 1, division 1

• sections 42, 43, 44, 46, 47, 48, 71, 93(1) and (3), 94, 110, 116 and 125.

224 Chief executive to keep database

(1) The chief executive must keep an electronic database (the
"monitored medicines database") to record information about the prescription and supply of monitored medicines.

(2) The purposes of keeping the monitored medicines database are—

(a) to promote safe practices for the therapeutic use of monitored medicines and reduce community harm caused by monitored medicines; and

(b) to ensure particular health practitioners are complying with this Act, a corresponding law or the requirements of a National Health Practitioner Board established under the Health Practitioner Regulation National Law; and

(c) to assist a health ombudsman official investigate health service complaints under the Health Ombudsman Act 2013; and

(d) to enable particular health practitioners to access the database to record and review information for the therapeutic treatment of persons; and

(e) to facilitate evaluation and research into monitored medicines; and

(f) to facilitate national consistency in the therapeutic use of monitored medicines; and

(g) any other purpose prescribed by regulation.

225 Information recorded in database

(1) A regulation may prescribe the information that must be recorded by the chief executive in the monitored medicines database.

(2) Without limiting subsection (1), the information prescribed may include—

(a) personal information; and

(b) information obtained under the repealed Health Act 1937 before the commencement of this section, despite the purpose for which the information was obtained or created; and

(c) information obtained under a law of another jurisdiction for a purpose mentioned in section 224.

226 Giving information

(1) An information provider must give the chief executive the information mentioned in section 225 at the time, and in the way, prescribed by regulation, unless the information provider has a reasonable excuse. Maximum penalty—100 penalty units.

(2) In this section—
"information provider" means an entity prescribed by regulation to be an information provider for this section.

227 Use of information

(1) The chief executive may disclose information in the monitored medicines database to a user by—

(a) giving the information to the user; or

(b) giving the user electronic access to the database.

(2) However, the chief executive may disclose the information to the user only for a purpose prescribed by regulation for the user.

(3) The chief executive may impose a condition on a user for accessing or using information in the monitored medicines database if the condition is consistent with a purpose mentioned in section 224 or prescribed by regulation for the user under subsection (2).

(4) In this section—
"user" means an entity prescribed by regulation to be a user for this section.

228 Chief executive to keep registers

The chief executive must keep a register about each of the following matters—

(a) administrative action taken under chapter 4, part 3 (the
"administrative action register");

(b) substance authorities (the
"substance authority register").

229 Content of administrative action register

The administrative action register must contain the following information about administrative action taken in relation to a person—

(a) the name of the person;

(b) a brief description of the administrative action taken in relation to the person.

230 Content of substance authority register

The substance authority register must contain the following information about each substance authority—

(a) the identification number allocated to the authority;

(b) the name of the holder of the authority;

(c) if the holder of the authority trades as a business—

(i) the business or trading name of the holder; and

(ii) the name of the person responsible for overseeing or supervising the regulated activity authorised under the authority;

(d) the type of authority or the regulated activity authorised under the authority;

(e) the term of the authority and the day the authority ends;

(f) the postcode of the place where the regulated activity under the authority will be carried out.

231 Publishing registers

(1) The chief executive may publish the administrative action register and the substance authority register on the department’s website (each a
"public register").

(2) However, the chief executive must not include confidential information in a public register unless the chief executive is satisfied—

(a) the inclusion of the confidential information is reasonably necessary to avoid a health risk; and

(b) the inclusion of the confidential information will not place a person at risk of harm.

See sections 221 to 223 for other situations in which the disclosure of confidential information is permitted.

(3) Also, the chief executive must remove information about administrative action from a public register if the administrative action no longer has effect.

232 Making extended practice authorities

(1) The chief executive may make a document (an
"extended practice authority")—

(a) stating the places or circumstances in which an approved person may deal with a regulated substance; or

(b) imposing conditions on dealing with a regulated substance; or

(c) requiring an approved person to hold particular qualifications or training to deal with a regulated substance.

(2) The chief executive may make an extended practice authority by adopting all or part of another entity’s code, guideline, protocol or standard.

(3) A regulation may prescribe matters the chief executive must consider before making an extended practice authority under subsection (2).

(4) An extended practice authority has effect in relation to an approved person only if a provision of a regulation states it applies to the approved person.

233 Making departmental standards

(1) The chief executive may make a standard (a
"departmental standard") about carrying out a regulated activity with a regulated substance and other matters relating to the purposes and administration of this Act.

(2) Without limiting subsection (1), a departmental standard may be about any of the following matters—

(a) procedures for carrying out regulated activities;

• a standard stating how to prepare and lay baits

• a standard about prescribing or supplying monitored medicines

(b) procedures for keeping, storing and managing regulated substances;

(c) training and competency requirements for persons carrying out regulated activities with regulated substances;

(d) procedures to ensure products containing regulated substances are safe and suitable for the intended use of the products;

(e) requirements for tracing the movement of regulated substances from their manufacture to final disposal, including requirements about documentation and electronic transactions.

(3) The chief executive may make a departmental standard by adopting all or part of another entity’s code, guideline, protocol or standard.

(4) A departmental standard has effect in relation to a person only if a provision of a regulation states it applies to the person.

234 Consultation about departmental standards

(1) Before making a departmental standard, the chief executive must take reasonable steps to consult with entities that—

(a) are proposed to be subject to the standard; or

(b) have expertise about the matters proposed to be dealt with by the standard.

(2) A failure to comply with subsection (1) does not affect the validity of the departmental standard.

235 Use of departmental standards in proceedings

(1) This section applies in a proceeding for an offence against a provision of this Act if the provision states a departmental standard provides for a way that is not the only way of complying with the provision.

(2) The departmental standard is admissible in the proceeding as evidence of whether or not the provision has been complied with.

(3) The court may have regard to the departmental standard in deciding whether or not the provision has been complied with.

(4) Subsections (2) and (3) do not prevent a person from introducing evidence of compliance with the provision in a way that is different from the departmental standard but otherwise satisfies the requirements of the provision.

236 Availability of extended practice authorities and departmental standards

The chief executive must publish each extended practice authority and departmental standard free of charge on the department’s website.

242 Definitions for part

In this part—

"former authorisation" means an HDPR approval, HDPR authority or pest licence.

"HDPR" means the repealed Health (Drugs and Poisons) Regulation 1996.

"HDPR approval" means an endorsement, other than an authority, under the HDPR.

"HDPR authority" means an authority under the HDPR.

"HDPR standing order" see the HDPR, appendix 9, definition
"written instruction", paragraph (b).

"Health Act" means the repealed Health Act 1937.

"medicated animal feed" means a product containing an S4 medicine that is used to feed, or is mixed with food to feed, a food-producing animal within the meaning of the Biosecurity Regulation 2016, schedule 3, part 2.

"new authorisation" means an approved person’s authorisation or a substance authority.

"pest licence" means a licence under the Pest Management Act.

"Pest Management Act" means the repealed Pest Management Act 2001.

243 Meaning of equivalent

(1) For this part, a new authorisation is
"equivalent" to a former authorisation if the new authorisation authorises substantially the same activity with a substance as the former authorisation authorised, even if—

(a) the activity is described differently; or

(b) the conditions of the new authorisation and the former authorisation are not identical; or

(c) the new authorisation authorises a regulated activity that includes, and is more than, the activity authorised under the former authorisation.

1 Under the HDPR, section 18, registered nurses employed at prisons were granted an endorsement authorising supply of restricted drugs in particular doses at prisons. If a new authorisation states that registered nurses may give treatment doses of S4 medicines to the same dosage amount, the new authorisation is equivalent to the former authorisation.

2 Under the HDPR, section 171, pharmacists were authorised to administer vaccines under the pharmacist vaccination program DTP. If a new authorisation states that pharmacists may administer vaccinations under an extended practice authority, the new authorisation is equivalent to the former authorisation.

(2) Without limiting subsection (1), a regulation may prescribe a new authorisation to be equivalent to a former authorisation.

244 Equivalent administrative action

(1) This section applies if a provision of this part provides that a suspension or cancellation of a former authorisation is taken to be administrative action.

(2) The administrative action has effect to the same extent as the suspension or cancellation of the former authorisation.

(3) However, if a new authorisation is equivalent to a cancelled HDPR authority, the administrative action is taken to be the indefinite suspension of the new authorisation.

(4) To remove any doubt, it is declared that the suspension or cancellation of the former authorisation that is taken to be administrative action must be included in the administrative action register.

256 Existing applications for new interests

(1) This section applies if—

(a) before the commencement, a person applied for an approval, licence or permit (the
"interest") under the Health Act or the Pest Management Act; and

(b) immediately before the commencement, the person’s application had not been decided.

(2) The person’s application must be decided as if it were—

(a) an application for a substance authority that is equivalent to the interest; and

(b) made under this Act on the commencement.

(3) For subsection (2), if a fee has been paid or waived for the interest, a fee payable under this Act for an application for the substance authority is waived.

257 Amendment or renewal applications for approvals

(1) This section applies if—

(a) before the commencement, a person applied to amend or renew an HDPR approval or pest licence; and

(b) immediately before the commencement, the application had not been decided; and

(c) the HDPR approval or pest licence is continued in effect under this part.

(2) The person’s application must be decided as if it were—

(a) an application to amend or renew a substance authority that is equivalent to the HDPR approval or pest licence; and

(b) made under this Act on the commencement.

(3) For subsection (2), if a fee has been paid or waived for the application, a fee payable under this Act to amend or renew the substance authority is waived.

258 Amendment or repeal applications about suspension or cancellation decisions—HDPR authorities

(1) This section applies if—

(a) before the commencement, a person applied, under the HDPR, section 26A, for the amendment or repeal of a decision (the
"original decision") to suspend or cancel an HDPR authority; and

(b) immediately before the commencement, the application had not been decided; and

(c) on the commencement, a new authorisation that is an approved person’s authorisation is equivalent to the HDPR authority and applies to the person.

(2) The person’s application must be decided as if it were a request to review administrative action under section 105.

(3) For considering the application under subsection (2), the original decision is taken to be administrative action taken under this Act in relation to the equivalent new authorisation.

259 Amendment or repeal applications about suspension or cancellation decisions—HDPR approvals

(1) This section applies if—

(a) before the commencement, a person applied, under the HDPR, section 26A, for the amendment or repeal of a decision (the
"original decision") to suspend or cancel an HDPR approval; and

(b) immediately before the commencement, the person’s application had not been decided.

(2) The person’s application must be decided as if it were a request to review administrative action under section 105.

(3) For considering the application under subsection (2)—

(a) the person is taken to be the holder of a substance authority that is equivalent to the HDPR approval; and

(b) the original decision is taken to be administrative action taken under this Act in relation to the substance authority.

280 Substance management plans

(1) This section applies to a responsible person who, on the commencement, would be required under section 93 to make a substance management plan for a regulated place.

(2) The responsible person is not required to comply with the requirements of chapter 4, part 2 until 1 year after the commencement (the
"transition period").

(3) Subsection (4) applies if the responsible person becomes subject to the requirements in chapter 4, part 2 because a former authorisation is replaced with a substance authority during the transition period.

(4) The responsible person must comply with chapter 4, part 2 when the transition period ends, regardless of when the substance authority is granted.

281 Procedure until monitored medicines database operational

(1) This section applies for the period (the
"transition period")—

(a) starting on the commencement; and

(b) ending on the day prescribed by regulation to be the day the monitored medicines database is fully operational.

(2) In the transition period—

(a) a person is not liable to be prosecuted for a contravention of section 41 or 226; and

(b) a person to whom the HDPR, section 84(2) to (10) or 84A(3) and (4) applied immediately before the commencement must continue to comply with the section as if this Act had not commenced; and The HDPR, sections 84 and 84A provided for a dispenser to send particular information to the chief executive.

(c) a person to whom the HDPR, section 120, 122, 213 or 213A applied immediately before the commencement must continue to comply with the section as if this Act had not commenced. The HDPR, sections 120, 122, 213 and 213A provided for approvals for the treatment of drug dependent persons.

(3) This section does not prevent a person complying with this Act to the extent practicable if, during the transition period, the monitored medicines database is able to be used. An information provider under section 226 gives information to the chief executive to the extent the provider is able to access the system required to be used for providing the information to the monitored medicines database.

282 Transitional regulation-making power

(1) A regulation (a
"transitional regulation") may make provision of a saving or transitional nature about any matter—

(a) for which it is necessary to make provision to allow or facilitate the doing of anything to achieve the transition from the Health Act or the Pest Management Act to this Act; and

(b) for which this Act does not make provision or sufficient provision.

(2) A transitional regulation may have retrospective operation to a day that is not earlier than the day on which this section commences.

(3) A transitional regulation must declare it is a transitional regulation.

(4) This section and any transitional regulation expire 2 years after this section commences.