From 1 February 2023, the Poisons Standard will have a new structure and format that improves readability and clarity.
The TGA is hosting a webinar to provide further details on the changes on 7 December 2022.
Why are we updating the formatting and structure?
The Office of Parliamentary Counsel, in collaboration with the TGA, redrafted the Poisons Standard to ensure it aligns with modern drafting conventions and rules for Commonwealth legislative instruments, is clearer, and is easier to understand.
Most legislative instrument are automatically repealed after a fixed 10 year period and must be reviewed before being remade, ensuring they meet modern drafting standards. In contrast, as the Poisons Standard is regularly repealed and replaced several times per year with each scheduling cycle, it has not been redrafted for many years.
What is changing?
The changes to the new Poisons Standard fall into three categories:
structure, readability and clarity, and formatting.
Examples of key differences are shown in the following table:
|
|
Former Poisons Standard | New Poisons Standard |
|---|---|---|
| Structure | ||
|
In the Standard for the Uniform Scheduling of Medicines and Poisons (SUSMP) as ‘Schedule 1’ to the Poisons Standard, creating schedules within schedules. |
As individual schedules to the Poisons Standard, avoiding having ‘schedules within schedules’. The Standard for the Uniform Scheduling of Medicines and Poisons (SUSMP) is no longer used. States and territories may still refer to it and when they do, it equates to referring to the Poisons Standard. |
|
Separated into Part 2 and Part 3 of the Poisons Standard.
|
Combined into new Part 2 of the Poisons Standard. |
|
Into Parts and Sections. |
Into Parts, Divisions Subdivisions and Sections which aligns with the structure of most other legislative instruments. |
| Formatting | ||
|
Listed alphabetically.
|
Listed alphabetically and individually numbered with ‘item numbers’. |
|
According to the parent Section they are contained within. |
In sequential order throughout both Parts 1 and Part 2. |
| Readability and clarity | ||
|
In different locations throughout the Poisons Standard. |
Only in the Readers Guide. |
|
Repetition of the same or similar terms in the Therapeutic Goods Act 1989 and the Poisons Standard. |
Terms that are already defined in the Therapeutics Goods Act 1989 have been re-used in the Poisons Standard to avoid repetitive definitions. |
Do the updates change the scheduling of substances?
The updates are largely to the presentation of information in the Poisons Standard. The intent of this update was not to change the legal effect of the instrument.
None of the decisions made by the Secretary or a Delegate of the Secretary regarding the classification of medicines and poisons into the different Schedules have been changed in this update.
Implementation
On 4 November 2022, a version of the current (October 2022) Poisons Standard with updated structure and format was published on the Federal Register of Legislation as the Therapeutic Goods (Poisons Standard - February 2023) Instrument 2022. This instrument has been published to allow time for states and territories to make necessary changes to their respective legislation but does not commence until 1 February 2023.
The October 2022 Poisons Standard is the Poisons Standard that is currently in force.
All states and territories were consulted through the process of updating the Poisons Standard to ensure all changes can be appropriately implemented.
Further information
If you have any questions, please contact the Scheduling Section via phone on 1800 020 653 or via email at medicines.scheduling@health.gov.au.