Page 2592 - Week 10 - Wednesday, 14 October 1992
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MR BERRY: Wait a minute. That incorporates the very words of the member herself. She urges the Government to introduce legislation "as soon as possible". That is what you said in the course of the debate. I am happy to cop that. The NHMRC schedules referred to by Mrs Carnell are those in the standard for the uniform scheduling of drugs and poisons. In addition to the schedules, the standard includes provisions about containers and labels, a list of products recommended to be exempted from those provisions and recommendations about controls on drugs and poisons.
Mrs Carnell: That is right. It is schedule 7.
MR BERRY: Mrs Carnell intervenes. I wonder what hat she is wearing today. Is she wearing the hat of a pharmacist from Red Hill; is she wearing the hat of the Pharmacy Guild, the union of pharmacy owners; or is she here in her part-time capacity as a member of the Legislative Assembly? Methinks she is here on a part-time job again. The people of Canberra are paying for a part-time member of the Legislative Assembly.
Under the current poisons laws, control over the sale and supply, labelling and packaging of poisons and drugs, including drugs of dependence, is contained in three pieces of legislation, not two - you said two - the Poisons Act, the Poisons and Drugs Act and the Drugs of Dependence Act. The first piece of legislation - - -
Mrs Carnell: Because I was not talking about schedule 7 in this particular stuff; you are.
MR BERRY: By gee, they do not like being upset. The first piece of legislation, the Poisons Act 1933, controls the use of medicinal drugs and poisons. The regulations under that Act provide for licensing of sellers of drugs and poisons and also provide statutory rules in relation to dispensing prescriptions, the keeping of records and the storage of drugs. The second piece, the Poisons and Drugs Act 1978, was made to better control the prescribing of addictive substances and the labelling and packaging of all scheduled substances. The third piece, the Drugs of Dependence Act 1989, was prepared following agreement in principle at the Special Premiers Conference on Drug Strategy in April 1985, commonly referred to as the drug summit. At the summit, it was agreed that there should be uniformity of approach among jurisdictions on legislation governing drugs of dependence and a broad consistency on key issues such as the scheduling of drugs, the thrust of offences and penalties.
The ACT is not alone in the predicament where drugs and poisons control is not contained in a single Act. Before the Government can introduce legislation to facilitate drugs and poisons scheduling by reference to the recommendations made by the NHMRC, there are three main issues that need to be addressed. The first issue that must be addressed is the updating of the existing controls over dangerous poisons and their transfer from the Poisons Act 1933 to the Poisons and Drugs Act 1978 to allow for better control over schedule 7 poisons. Schedule 7 substances are poisons which require special precautions in manufacture, handling, storage or use or special individual regulations regarding labelling or availability.
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