Drugs, Poisons and Controlled Substances (Amendment) Regulations 1996
i
Drugs, Poisons and Controlled Substances
(Amendment) Regulations 1996
S.R. No. 20/1996
TABLE OF PROVISIONS
Regulation Page
1. Objectives 1
2. Authorising provisions 1
3. Principal Regulations 2
4. Amendments to regulation 5(1) 2
5. Amendment to regulation 46(4)(d) 2
6. Amendments to regulation 66 2
7. Substitution of regulation 78(3) 2
8. Insertion of new Division 6 to Part 9 3
Division 6—Labelling for paints (uniform paint standard) 3
109A. Definitions 3
109B. Prohibitions 6
109C. Labelling 7
9. Amendments to regulation 111 11
10. Substitution of regulation 116 11
116. Immediate containers for Schedule 5 poisons 11
11. Amendments to regulation 117 12
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NOTES 13
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1
STATUTORY RULES 1996
S.R. No. 20/1996
Drugs, Poisons and Controlled Substances Act 1981
Drugs, Poisons and Controlled Substances
(Amendment) Regulations 1996
The Governor in Council makes the following Regulations:
Dated: 4 March 1996
Responsible Minister:
MARIE TEHAN
Minister for Health
KATHY WILSON
Clerk of the Executive Council
1. Objectives
The objectives of these Regulations are to—
(a) include amendments made to the
Commonwealth standard in relation to the
uniform paint standard, immediate
containers for Schedule 5 poisons and child-
resistant closures; and
(b) make certain other minor amendments to the
Drugs, Poisons and Controlled Substances
Regulations 1995.
2. Authorising provisions
These Regulations are made under sections 129
and 132 of the Drugs, Poisons and Controlled
Substances Act 1981.
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3. Principal Regulations
In these Regulations the 1 Drugs, Poisons and
Controlled Substances Regulations 1995 are
called the Principal Regulations.
4. Amendments to regulation 5(1)
In the table to regulation 5(1) of the Principal
Regulations—
(a) in Part 1, in item 4, in Columns 1 and 2, for
"or Schedule 8" substitute ", Schedule 8 or
Schedule 9"; and
(b) in Part 2, in item 10, in Column 1, for
"warrant" (where twice occurring) substitute
"permit".
5. Amendment to regulation 46(4)(d)
In regulation 46(4)(d) of the Principal
Regulations, for "(a)" substitute "(c)".
6. Amendments to regulation 66
In regulation 66 of the Principal Regulations—
(a) for "A person" substitute "(1) A person";
and
(b) at the end of this regulation insert—
"(2) Sub-regulation (1) does not apply to the
sale or supply of a poison or controlled
substance by a medical practitioner,
pharmacist, veterinary surgeon or
dentist in the course of his or her
professional practice.".
7. Substitution of regulation 78(3)
For regulation 78(3) of the Principal Regulations
substitute—
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"(3) Regulation 80 and Divisions 3, 4 and 5 do
not apply to a paint, other than a paint for
therapeutic use, which—
(a) contains no poison or controlled
substance other than a Schedule 5
poison; or
(b) is a table 1 paint, table 2 paint or table 3
paint or a tinter, as defined in Division
6, if labelled in accordance with that
Division.".
8. Insertion of new Division 6 to Part 9
After regulation 109 of the Principal Regulations
insert—
'Division 6—Labelling for paints (uniform
paint standard)
109A. Definitions
In this Division—
"graphic material" means the material
which is to be deposited on another
material by a graphic instrument during
writing, drawing or marking and
includes cores of pencils, school pastels
or crayons, blackboard chalks, finger or
showcard colours, poster paints and
watercolour blocks;
"non-volatile content" means that portion
of a paint or tinter determined to be the
non-volatile content by a method
approved by the Chief General
Manager;
"paint", without limiting the ordinary
meaning, includes any substance used
or intended to be used for application as
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a colouring or protective coating to any
surface but does not include graphic
material;
"table 1 paint" means a paint containing the
specified proportion of any substance
listed below:
TABLE 1
Substance
Proportion
(Calculated as the
percentage of the element
present in the non-volatile
content of the paint)
ANTIMONY or antimony
compounds other than antimony
titanate pigments
more than 5 per cent
BARIUM salts except barium
sulfate or barium metaborate
more than 5 per cent
CADMIUM or cadmium
compounds
more than 0.1 per cent
CHROMIUM as chromates of
barium, potassium, sodium,
strontium, zinc or ammonium
more than 5 per cent
SELENIUM or selenium
compounds
more than 0.1 per cent;
"table 2 paint" means a paint containing the
specified proportion of any substance
listed below:
TABLE 2
Substance Proportion
ETHYLENE GLYCOL
MONOALKYL ETHERS and their
acetates
more than 10 per cent by
volume
METHYLENE CHLORIDE
(dichloromethane)
more than 5 per cent by
weight
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TABLE 2—continued
Substance Proportion
TOLUENE more than 50 per cent by
volume
XYLENE more than 50 per cent by
volume;
"table 3 paint" means a paint containing the
specified proportion of any substance
listed below:
TABLE 3
Substance
Proportion
(Calculated as the
percentage of the element
present in the non-volatile
content of the paint)
1. Subject to item 2, LEAD or
lead compounds
more than 0.1 per cent
2. Until 1 December 1997,
LEAD or lead compounds
more than 0.25 per cent
3. LEAD or lead compounds
occurring as an impurity in
zinc based paint
more than 0.2 per cent;
"tinter" means any pigment or admixture of
pigment with other substances in
powder, semi-solid or liquid form, sold
or supplied for the purpose of adding to
paint in order to change the colour of
the paint;
"toy" means an object or number of objects
manufactured, designed, labelled or
marketed as a plaything for a child or
children up to the age of 14 years.
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109B. Prohibitions
(1) A person must not manufacture, sell, supply
or use a paint containing basic lead
carbonate (white lead) except a paint for
application as a mirror backing that—
(a) contains not more than 15 per cent of
lead; and
(b) is applied with a thickness of not more
than 40 microns; and
(c) is covered by a paint which does not
contain lead.
Penalty: 20 penalty units.
(2) A person must not manufacture, sell, supply
or use a table 1 paint—
(a) for a roof or for any surface to be used
for the collection or storage of potable
water; or
(b) for furniture; or
(c) for any fence, wall, post, gate or
building (interior or exterior) other than
a building which is used exclusively for
industrial purposes or mining or any oil
terminal; or
(d) for any premises used for the
manufacture, processing, preparation,
packing or serving of products intended
for human or animal consumption.
Penalty: 20 penalty units.
(3) A person must not manufacture, sell, supply
or use a table 3 paint—
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(a) for a roof or for any surface to be used
for the collection or storage of potable
water; or
(b) for furniture; or
(c) for any fence, wall, post, gate, building
(interior or exterior), bridge, pylon,
pipeline, storage tank or any similar
structure; or
(d) for any premises, equipment or utensils
used for the manufacture, processing,
preparation, packing or serving of
products intended for human or animal
consumption.
Penalty: 20 penalty units.
(4) A person must not manufacture, sell, supply
or use a paint for application to toys unless
the paint complies with the specification for
coating materials approved by the Chief
General Manager.
Penalty: 20 penalty units.
(5) A person must not manufacture, sell supply
or use a paint containing an insecticide.
Penalty: 20 penalty units.
109C. Labelling
(1) A person must not sell or supply a paint or
tinter to which this Division applies unless
every word, expression or statement that is
required by this regulation to be included on
a label is written—
(a) in the English language; and
(b) in durable characters; and
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(c) in such colour or colours as to provide
a distinct contrast to the background
colour; and
(d) unless otherwise specified, in letters the
height of which is not less than 1.5 mm;
and
(e) on the container of the paint or tinter or
on a label securely attached to that
container.
Penalty: 20 penalty units.
(2) A person must not sell or supply a paint or
tinter containing any substance listed in the
table in the definitions of a table 1 paint,
table 2 paint or table 3 paint unless the paint
or tinter is conspicuously labelled with the
name and proportion of that substance.
Penalty: 20 penalty units.
(3) For the purposes of sub-regulation (2), the
proportion of a substance included in the
table in the definitions of a table 1 paint and
a table 3 paint are to be declared—
(a) as the metallic element present; and
(b) when incorporated into a paint, as
"calculated on the non-volatile content"
or "in the dried film".
(4) A person must not sell or supply a tinter
containing more than 0.1 per cent of lead in
the non-volatile content of the tinter or a
table 1 paint, a table 2 paint or a table 3 paint
unless the tinter or paint is labelled with—
(a) the word "WARNING", written on the
first line of the main label in bold face
sans serif capital letters, the height of
which is not less than 5 mm and no
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other words must be written on that
line; and
(b) the expression "KEEP OUT OF
REACH OF CHILDREN", written on
a separate line immediately below the
word "WARNING" as specified in
paragraph (a), in bold face sans serif
capital letters, the height of which is
not less than 2.5 mm.
Penalty: 20 penalty units.
(5) A person must not sell or supply a
table 1 paint unless it is labelled with the
warnings—
"This paint is dangerous to health, even
when dry.
For industrial use only.
Do not use on toys or furniture.
Do not use on, in or around the
home."—
written immediately below the expression
"KEEP OUT OF REACH OF
CHILDREN".
Penalty: 20 penalty units.
(6) A person must not sell or supply a table 2
paint unless it is labelled with the
warnings—
"Breathing the vapour is dangerous.
Provide adequate ventilation during
application.
Do not use in the presence of a naked
flame.
Do not smoke."—
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written immediately below the expression
"KEEP OUT OF REACH OF
CHILDREN".
Penalty: 20 penalty units.
(7) A person must not sell or supply a
table 3 paint unless it is labelled with the
warnings—
"This paint contains lead and is
dangerous to health, even when dry.
For industrial use only.
Do not use for painting any building or
fixed structure.
Do not use where contact with food or
drinking water is possible."—
written immediately below the expression
"KEEP OUT OF REACH OF
CHILDREN".
Penalty: 20 penalty units.
(8) A person must not sell or supply a tinter
containing more than 0.1 per cent of lead in
the non-volatile content of the tinter unless it
is labelled with the warnings—
"This tinter contains lead.
Do not add to any paint which is for
application to any toy, furniture,
building (interior or exterior), fixed
structure or to anything which may
have contact with food or drinking
water."—
written immediately below the expression
"KEEP OUT OF REACH OF
CHILDREN".
Penalty: 20 penalty units.'.
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9. Amendments to regulation 111
In regulation 111 of the Principal Regulations—
(a) for "This Part does" substitute—
"(1) Regulations 114, 115 and 116 do"; and
(b) for "prepared—" substitute—
"prepared, packed and sold—"; and
(c) for paragraphs (a) and (b) substitute—
"(a) for human internal or animal internal
use; or
(b) in containers having a nominal capacity
of 15 millilitres or less; or"; and
(d) after paragraph (f) insert—
"(2) Regulation 117 does not apply to a
container that contains a poison or
controlled substance prepared, packed
and sold solely for dispensary,
industrial, laboratory or manufacturing
purposes.".
10. Substitution of regulation 116
For regulation 116 of the Principal Regulations
substitute—
"116. Immediate containers for Schedule 5
poisons
A person must not sell or supply a Schedule
5 poison in an immediate container unless—
(a) the container complies with regulations
114 or 115; or
(b) the container—
(i) is readily distinguishable from a
container in which food, wine or
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other beverage is sold or supplied;
and
(ii) has one or more of the following
expressions—
"POISON"; or
"NOT TO BE TAKEN"; or
"NOT TO BE USED AS A
FOOD CONTAINER"—
embossed or indelibly written on
it or, in the case of a fibreboard
container, written on a paper label
which cannot be removed without
damage to the container.
Penalty: 50 penalty units.".
11. Amendments to regulation 117
In the table, in regulation 117 of the Principal
Regulations—
(a) after the item relating to "Alkaline salts"
(where second occurring) insert—
"Cineole when it is a
Schedule 6 poison
200 millilitres
or less
Clove oil when it is a
Schedule 6 poison
200 millilitres
or less"; and
(b) after the item relating to "Eucalyptus oil"
insert—
"Eugenol when it is a
Schedule 6 poison
200 millilitres
or less".
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NOTES
1 S.R. No. 63/1995.
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