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Australian state and territory regulatory controls on Schedule 7 poisons

June 2007

Notes

South Australia

*excluding Section 22 (Schedule H) Poisons

Section 22 of 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 ("the 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 s. 22 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

LR= Listed Regulated Schedule 7's. These are- arsenic, benzene, cacodylic acid, metallic cyanides, 1,2-dibromo-3-chloropropane, 4-dimethylaminobenzene, fluoroacetamide, fluoroacetic acid, hydrocyanic acid, 4,4'-methylenebis[2-chloroaniline], strychnine, thalidomide, thallium, vinyl chloride.

New South Wales

Highly dangerous substances include arsenic, cyanides, fluoroacetamide, fluoroacetic acid, hydrocyanic acid, strychnine, thallium and substances in Appendix C of the SUSDP (NSW adopts SUSDP Appendix C into its Schedule 7). Refer clause 19 of the NSW Poisons and Therapeutic Goods Regulation 2002

Enquiries

Enquiries are to be directed to:

The Secretary
National Drugs and Poisons Schedule Committee
PO Box 100
WODEN ACT 2606

Or by email: NDPSC@health.gov.au

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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, App 7 of the HDPR Yes, App 7 of the HDPR Yes Secured or specified by Chief Executive Yes, provided not listed in App 7 of the Health Regs 1996 Authorised only Yes, except strychnine and cyanide permits Certain exemptions for industrial, manufacturing uses and use in research Not by reference, however, App 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 S7s in the industrial, manufacturing or research areas
NSW Yes Yes     No No No Registered Pesticides; scientific research; use for non-domestic purposes (other than highly dangerous substances) No  
VIC LR Yes LR Yes Wholesale for all S7   Could
Not LR		 Could
Not LR		 Yes Non LR products have no controls other than Ag chem regs No  
TAS Yes
(App J)		 Yes
(App J)		 Yes
(App J)		 Yes
(App J)		 No No Wholesaler- Yes
User- No
(App J)		 If Dangerous Goods or pesticides permit issued Yes Restrictions only apply to Appendix J substances. Non App. J S7 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 App 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  

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