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MEDICINES, POISONS AND THERAPEUTIC GOODS AMENDMENT REGULATION 2009 (NO 1) (NO 27 OF 2009)
2009
MEDICINES, POISONS AND
THERAPEUTIC GOODS AMENDMENT REGULATION 2009 (No 1)
Circulated by the authority
Katy Gallagher MLA
Minister for Health
On commencement the Medicines, Poisons and Therapeutic Goods Act 2008
(the MPTG Act) repealed the Poisons and Drugs Act 1978 and
inserted the offences for anabolic steroids into the Crimes Act 1900
(the Crimes Act). However, the definition of an anabolic steroid that was in
the Poisons and Drugs Act 1978, which was linked to a schedule of
substances, was not inserted into the Crimes Act. The definition that was
included in the Crimes Act has since been identified to be inadequate and
unclear.
In addition to the power to make Regulations generally, the
MPTG Act enables transitional Regulations to be made under section 501.
Under section 501 of the MPTG Act a Regulation may modify Chapter 14
of the MPTG Act to make provision for anything that is not dealt with in the
Chapter, or anything not adequately or appropriately dealt with.
Using
the transitional powers in the MPTG Act, sections 6 and 7 of this
Regulation operate to change the definition of an anabolic steroid in the Crimes
Act to that which was in the repealed Poisons and Drugs Act 1978.
As transitional matters expire two years after the commencement of the MPTG Act
the amended definition of an anabolic sterioid will be an interim measure, and a
permanent amendment will need to be drafted in the near future.
The ACT
Civil & Administrative Tribunal (ACAT) commenced on
2 February 2009, replacing a number of ACT tribunals, including the
Administrative Appeals Tribunal (AAT). However, three sections of the
Medicines, Poisons and Therapeutic Goods Regulation 2008 (the MPTG
Regulation) still contain references to the AAT, and the 1989 Act which
established it. This Regulation also contains provisions to correct these
references.
This section sets out the name of the Regulation as the Medicines, Poisons
and Therapeutic Goods Amendment Regulation 2009 (No 1).
Pursuant to this provision, the Regulation is to commence on the day after
notification.
Section 3 - Legislation amended
This
section expressly states that the legislation amended is the Medicines, Poisons
and Therapeutic Goods Regulation 2008.
Section 4 –
Table 850, note
The ACAT commenced on 2 February 2009,
consolidating 16 former jurisdictions and tribunals of the ACT including
the AAT. The role of the ACAT is to determine and resolve disputes and has wide
reaching powers conferred under the ACT Civil and Administrative Tribunal
Act Act 2008.
The Administrative Appeals Tribunal
Act 1989 was repealed by the ACT Civil and Administrative Tribunal
Act Act 2008 upon commencement.
This section replaces a reference
to the AAT in a note connected to Table 850 in section 850 of the MPTG
Regulation with a reference to the ACAT.
Section 5 –
Sections 851 and 852
This provision replaces two sections in
the MPTG Regulation, sections 851 and 852, which erroneously refer to the
AAT, and the legislation which established it, the Administrative Appeals
Tribunal Act 1989. Both sections are amended to refer to the ACT
Civil and Administrative Tribunal Act 2008, which established the
ACAT.
The redrafted section 851 operates to require a person, when
making a reviewable decision, to give a written notice of the decision to each
entity listed in column 4 of Table 850. Notes under the section alert
the reader to the operation of the ACT Civil and Administrative Tribunal
Act 2008, in particular the requirements for reviewable decision
notices, and the operation of section 67A of the ACT Civil and
Administrative Tribunal Act 2008.
Section 852 makes it
expressly clear that in addition to the entities listed in column 4 of
Table 850, any other person whose interests are affected by the decision
may apply to the ACT for a review of a reviewable decision.
Section 6 – New Chapter 31
Section 6 of
this Regulation inserts a new Chapter 31 into the MPTG
Regulation.
The new Chapter 31 contains two sections. The first,
section 1100, expressly states that Chapter 14 the MPTG Act is to apply as
if a section 552 appeared in Chapter 14 of the MPTG
Act.
Section 552 of the MPTG Act will provide that the Crimes
Act 1900 is modified as set out in Schedule 10 of the MPTG Reg,
and that section 552 will expire on the day that Part 31 of the MPTG
Reg expires.
The other section, section 1110, provides that
Chapter 31 of the MPTG Regulation and Schedule 10 of the MPTG Act will
expire on the day that Chapter 14 of the MPTG Act expires. This confirms
that Part 31 of the MPTG Reg and Schedule 10 of the MPTG Act are
transitional and therefore temporary in nature.
Section 7 –
New schedule 10
Section 5 of this Regulation inserts the new
Schedule 10 into the MPTG Reg. The new schedule modifies the Crimes Act
using the power for Regulation to modify Chapter 14 of the MPTG Act, as
contained in section 501 of the MPTG Act.
Schedule 10 to be
inserted into the MPTG Reg will contain two provisions. The effect of the first
provision is to substitute the current section 170 in the Crimes
Act 1900 with a new section 170.
Section 170 of the
Crimes Act 1900, prior to the commencement of this Regulation,
defined an anabolic steroid as an anabolic steroidal agent. The
substituted version of section 170 still provides a definition of anabolic
steroid, but does so in a more comprehensive and detailed form.
The
amended section 170 will establish that a substance mentioned in
Schedule 1 of the Crimes Act 1900 is an anabolic steroid. The
Schedule 1 to be inserted lists 68 specific substances that are
anabolic steroids for the purposes of the Crimes Act 1900, as well
as a listing that captures any other anabolic or androgenic steroids not
mentioned elsewhere in the schedule.
Section 170 further broadens
the meaning of an anabolic steroid by ensuring such things as salts,
stereoisomer and admixtures of a substance listed in Schedule 1 are
captured by the definition, and therefore by the offences in Part 8 of the
Crimes Act 1900.