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Legislative Assembly for the ACT: 2000 Week 6 Hansard (25 May) . . Page.. 1926 ..

MR MOORE: I move:

I present a supplementary explanatory memorandum. These amendments arise out of an examination of the bill by Mr Stanhope's office. I would like to thank him and his advisers for their constructive contribution. The amendment to clause 3 is a minor technical amendment to the definition of a restricted substance. Examination of this bill found that the definition of a restricted substance did not allow for the inclusion of substances that are restricted under poisons legislation in the ACT. In the policy context of this legislation, it is important that the term "restricted substances" include certain substances restricted by the operation of the Drugs of Dependence Act 1989, the Poisons Act 1933 and the Poisons and Drugs Act 1978.

In its application, this amendment provides that appropriately authorised visiting health professionals may issue prescriptions for pharmaceuticals that are listed under schedule 1 in the Drugs of Dependence Regulation 1993. Appropriately authorised visiting health professionals may also prescribe schedule 4 prescription-only restricted substances referred to within the Drugs and Poisons Standard.

The amendment to subclause 8(3) make it abundantly clear that the health services authorised by this legislation do not include possession or the supply to a visitor of a prohibitive substance. A prohibitive substance is a substance referred to in the Drugs of Dependence Act 1989 and set out in schedule 2 of the Drugs of Dependence Regulations. Prohibited drugs include such substances as heroin, cannabis, ecstasy and so on.

In specific circumstances, such as research and education, where special approval has been provided, a locally registered practitioner may obtain permission to possess or use a prohibited substance. This amendment will prohibit a visiting health professional from gaining approval to possess or supply to a visitor a prohibited substance. In no circumstances, therefore, will it be possible for a visiting health professional to lawfully possess or supply a prohibited substance.

I commend these amendments to the Assembly as an additional means to ensure visiting health professionals and those who administer the legislation are clear with respect to their conduct and the application of the law. Once again, I thank Mr Stanhope and his office for their assistance in this matter.

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