Legislation changes for universities, research institutions and analytical laboratories

​​​​​​​​​​​​​New laws apply to medicines and poisons from 5 November 2026​

From 5 November 2026 the Poisons and Therapeutic Goods Act and Regulation will be replaced by the:

The information on this webpage applies to the following entities with premises in NSW:

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Definitions - prohibited scheduled substances, drugs and plants​

  • ​A ‘scheduled substance’ is a substance or chemical that is classified in a Schedule of the Poisons Standard​​. Substances are assigned to one or more Schedules from Schedule 2 to 10 according to their level of risk. NSW adopts the Schedules of the Poisons Standard and applies these recommended controls.
  • A 'prohibited drug' is a substance listed in Schedule 1 of the DMTA​​, or an analogue of the listed substance. ​
  • A 'prohibited scheduled substance' includes a Schedule 4D, Schedule 8​, or a Schedule 9 substance that is not defined as a 'prohibited drug'.
  • A prohibited plant' is as defined under the DMTA​.

​​Offences will apply to a person who ​manufactures or cultivates, possesses, ​supplies or administers prohibited scheduled substances, prohibited drugs, and prohibited plants without authority to do so.

Obtaining scheduled substances

Licences and authorities previously issued under the Poisons and Therapeutic Goods Act 1966 are changing. The following apply from 5 November 2026:

Substances that can be obtained without a licence or authority

​For the purposes of research, analysis testing, teaching or training, the following substances may be obtained without a licence or authority by a university or research institution that is an AAMRI member, or a NATA accredited laboratory: 

  • Schedule 2, 3 and 4 (excluding Schedule 4D) substances from a licensed wholesaler
  • a prohibited scheduled substance or prohibited drug that is an in-vitro diagnostic and analytical preparation containing less than 0.001% of the substance or drug.

If you do not hold NATA accreditation or are not an AAMRI member you must apply for a licence or authority.

Substances and activities that require a licence or authority

​​To obtain supplies of Sche​dule 4D, 8, or 9 substances, for the purpose of research, analysis, teaching or training, one of the following is required:

  • an obtain licence to obtain a ​substance that is a Schedule 4D or S8, or
  • a DMT authority​ to manufacture or cultivate, possess, supply, or administer Schedule 4D, 8, or 9 substances (prohibited drugs and prohibited scheduled substances) or prohibited plants, or
  • a clinical trial authority to possess, supply or administer Schedule 9 or Schedule 10 substances for the purposes of a human clinical trial. 

Applicants must have policies and procedures in place to ensure secure storage and authorised access to the substances and plants, and compliance with the Act and the Regulation.

Offences apply if these activities are performed without authorisation. 

​Obtain licence

​An obtain licence allows the licence holder to obtain Schedule 4D, 8, and 9 substances from a wholesaler for the purpose of research, analysis, teaching, or training being undertaken by researchers or employees of the licensed institution.

DMT authority

A DMT authority permits an individual, or class of persons, for the purpose of research, analysis, teaching, or training, to:

  • manufacture, possess, supply, or administer prohibited drugs and prohibited scheduled substances, or
  • ​possess, cultivate or supply prohibited plants.

A DMT Authority can be used to obtain stock from a wholesaler.

Clinical trial authority

​A clinical authority is required when an authorised practitioner (such as a medical practitioner) intends to prescribe, supply, or administer a Schedule 9 or Schedule 10 substance for the purpose of conducting a human clinical trial.

For more information on ​licences and authorities refer to Licences under the Medicines, Poisons and Therapeutic Goods Act​ and ​DMT and clinical trial authorities​.

Application process​

Applications for licences and authorities will be available on the Pharmaceutical Services website in late 2026.​

Application fees

Generally, application and annual fees apply to licences and authorities. However, fees may be waived for a university or not-for-profit research institution or organisation.

​To have fees waived, you will need to provide evidence of being a university or not-for-profit research institution or organisation.


More information on licence and authority fees is available at:

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Storage, registers, and recordkeeping​

Storage

The storage of prohibited drugs, and prohibited scheduled substances is outlined in the Medicines Storage Standards.

Universities, research institutions, and laboratories are responsible for keeping a compliant drug register on the premises​ where Schedule 8, 9, or 10 substances are kept.

​Recording in drug registers

  • Records in drug registers should be made at the time of the transaction, i.e., at the time a substance is received, supplied, used, destroyed, etc.
  • Recording of the balance of stock in a drug register must be made at a minimum every 3 months.
  • Any unexplained loss of a substance must be reported to Pharmaceutical Services. All losses must be recorded in the drug register.

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​​Labelling requirements

Scheduled substances used for clinical trials must be labelled as per the requirements of Appendix L of the Poisons Standard.

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New offences and increased penalties​​

The Act and Regulation outline penalties for ​​offences associated with unauthorised activities.

Penalties are classified in 5 tiers​​​ and differ for individuals and corporations. They range from 20 to 400 penalty units for individuals and 100 to 2000 penalty units for corporations.​

More information can be found in the Act and ​the Regulation.​​​ Further information on compliance notices and penalties will be published at a later date. ​​

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​Terminology changes​

​​New terminology
​​Old terminology
​Schedule 8 substance or medicine
​Drug​ of addiction
​Schedule 4 substance or medicine
​Restricted substance
​Schedule 4D substance or medicine
​Prescribed restricted substance, Schedule 4 Appendix D
​Nominated Schedule 4 substance or medicine
​Certain restricted substance
​Schedule 4D substance that is an anabolic-androgenic steroidal substance
​Special restricted substance, Schedule 4 Appendix B


Further definitions and terminology can be found at key definitions and terminology​.​​

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More information​

Supporting documents to help understand the requirements of the legislation are available on the Pharmaceutical Services Medicines, Poisons and Therapeutic Goods legislation ​webpage.​

Disclaimer

The information on this webpage is provided for general guidance only. While reasonable care has been taken to ensure the accuracy, reliability, and currency of the information, users should refer to the Medicines, Poisons and Therapeutic Goods Act 2022 and the Medicines, Poisons and Therapeutic Goods Regulation 2026 for full and current legal requirements.

Current as at: Tuesday 4 August 2026
Contact page owner: Pharmaceutical Services