Australian State & Territory regulatory controls on Schedule 7 poisons

Scheduling medicines & poisons

8 September 2014

Notes

South Australia

*excluding Section 22 (Schedule H) Poisons

Section 22 of the Controlled Substances Act 1984 (the Act) prohibits any person possessing the following poisons unless holding a licence for this purpose:

  • Acrolein
  • Arsenic (when included in Schedule 7)
  • Chloropicrin (except quantities of 7 litres or less or products containing 5% or less of chloropicrin)
  • Cyanides (when included in Schedule 7)
  • DDT
  • Fluroacetamide
  • Fluoroacetic acid
  • Hydrocyanic acid (when included in Schedule 7)
  • Methyl bromide
  • Mirex
  • Sodium fluoroacetate (1080)
  • Strychnine (when included in Schedule 7)
  • Thallium

**exemptions -

(2) Exemption-A person is exempt from section 22 of the Act in respect of possession of-

  1. strychnine, if-
    1. the person is the owner or occupier, or an agent or employee of an owner or occupier, of land situated outside Metropolitan Adelaide and outside any township; and
    2. the strychnine is a constituent of baits designed for destroying mice; and
    3. the quantity of baits in the person's possession does not exceed 5 kilograms; and
    4. the amount of strychnine present in any quantity of the baits does not exceed 0.5 per cent; or
  2. chloropicrin, if-
    1. in the case of pure chloropicrin, the quantity in the person's possession does not exceed 7 litres;
    2. in the case of chloropicrin in a compound preparation, the concentration of chloropicrin does not exceed 5 per cent; or
  3. sodium fluoroacetate if-

    (ai) the sodium fluoroacetate is a constituent of baits designed for destroying dingoes or foxes; and

    1. the concentration of sodium fluoroacetate in each bait does not exceed 0.03 per cent; and
    2. the total amount of sodium fluoroacetate present in the particular quantity of baits does not exceed 10 grams; and
    3. the person-
      1. has the written approval of the Animal and Plant Control Commission (APCC) to acquire and possess those baits; and
      2. acquires the baits from a supplier approved by the APCC; and
      3. complies with any conditions imposed by the APCC on granting the approval to acquire and possess baits.

Exemption from section 22 of the Act may be granted to certain pest controllers.

17. (1) The Minister may exempt a person who is licensed under the Controlled Substances (Pesticide) Regulations 1988 from the requirement to hold a licence under section 22 of the Act in respect of the use of a pesticide that is a schedule F poison.

(2) The Minister may, by notice in writing to an exempted person, vary or revoke the exemption.

Victoria

Under the Drugs, Poisons and Controlled Substances Regulations 2006, a "listed regulated poison" means a SUSDP Schedule 7 poison included in Part 2 of Chapter 1 of the Poisons Code in the list of substances that are not for general sale by retail. Listed regulated poisons that are SUSDP Schedule 7 poisons (referred to as listed regulated Schedule 7 poisons) are:

  • acrylonitrile
  • arsenic
  • benzene
  • cacodylic acid
  • metallic cyanides
  • 1,2-dibromo-3-chloropropane
  • 4-dimethylaminoazobenzene
  • fluoroacetamide
  • fluoroacetic acid except when included as sodium monofluoroacetate or sodium fluoroacetate (commonly known as "1080" or "ten-eighty") in ready-to use bait products that are:
    1. registered by the Australian Pesticides and Veterinary Medicines Authority ("the Authority") under Part 2 of the Agvet Code; or
    2. permitted to be possessed or supplied under a 'permit for supplying a perishable bait treated with a registered chemical product' issued by the Authority under Part 7 of the Agvet Code.
  • hydrocyanic acid
  • 4,4'-methylene bis[2-chloroaniline]
  • strychnine
  • thallium
  • vinyl chloride

New South Wales

Highly dangerous substances include:

  • arsenic
  • cyanides
  • fluoroacetamide
  • fluoroacetic acid
  • hydrocyanic acid
  • strychnine
  • thallium
  • substances in Appendix C of the SUSDP (NSW adopts SUSDP Appendix C into its Schedule 7).

Refer clause 20 of the NSW Poisons and Therapeutic Goods Regulation 2008.

Enquiries

Enquiries are to be directed to the relevant State or Territory Drugs and Poisons Unit.

Table

Note: please use the scroll bar at the bottom of this table to see the right hand columns.

Table of states and territory controls
State or Territory Permit, licence, authority required for person, business, institution to: Licence Premises Domestic can: Charges Exemptions Appendix J - Implementation notes
Obtain Use Sell Storage Obtain Use
QLD Yes, Appendix 7 of the Health (Drugs and Poisons) Regulation 1996 Yes, Appendix 7 of the Health (Drugs and Poisons) Regulation 1996 Yes Secured or specified by Chief Executive Yes, provided not listed in Appendix 7 of the Health (Drugs and Poisons) Regulation 1996 Authorised only Yes, except strychnine and cyanide permits Certain exemptions for industrial, manufacturing uses and use in research Not by reference, however Appendix J provisions are largely mirrored in Appendix 7 of the Health (Drugs and Poisons) Regulation 1996 Intent of Queensland legislation is not to impose restrictions on the use of Schedule 7 poisons in the industrial, manufacturing or research areas
NSW Yes Yes Yes In a room or enclosure to which the public does not have access. No No No Registered pesticides; scientific research; use for non-domestic purposes (other than highly dangerous substances) No
VIC Yes for listed regulated Schedule 7 poisons Yes for listed regulated Schedule 7 poison Wholesale for all Schedule 7 poisons Could for Schedule 7 poisons, but not for listed regulated Schedule 7 poisons Could for Schedule 7 poisons, but not for listed regulated Schedule 7 poisons Yes Non listed regulated Schedule 7 products may have controls under AgVet control of use legislation and dangerous goods legislation. No
TAS Yes (Appendix J) Yes (Appendix J) Yes (Appendix J) Yes (Appendix J) No No Wholesaler-Yes
User-No
(Appendix J)
If Dangerous Goods or pesticides permit issued Yes Restrictions only apply to Appendix J substances.
Non Appendix J Schedule 7 not for domestic use.
ACT Yes Yes Yes Specified by Minister No No No Registered Pesticides No N/A
NT Yes Yes Yes Yes No No $20 per annum for retail licence, $50 per annum for manufacturer or wholesaler, User Nil Yes
SA No* No* Yes Locked cage denying access to public No No Yes Yes** Not by reference, however Appendix J provisions are largely mirrored in section 22 of the Controlled Substances Act 1984.
WA Yes Yes Yes Specified groups eg primary producers Implemented where appropriate