Administrative action under the Medicines and Poisons Act

Administrative action is taken under authority of Chapter 4, Part 3 of the Medicines and Poisons Act 2019 (MPA) and means action taken by Queensland Health that has one of the following effects:

  • changing a condition of an authority
  • suspending an authority for a stated period or indefinitely
  • cancelling a substance authority (s95 MPA).

Authority means a substance authority or an approved person’s authorisation (s95 MPA).

Section 96 of the MPA states that the chief executive, Queensland Health, may take administrative action in relation to an authority if the chief executive believes:

  • a relevant person for the authority has contravened a requirement under the MPA or a corresponding law
  • the administrative action is reasonably necessary to prevent or minimise a health risk
  • a relevant person for the authority is not a fit and proper person
  • a relevant person for the authority has made a materially false or misleading representation to obtain the authority.

The chief executive may take administrative action under section 96 of the MPA only if the chief executive has considered giving a compliance notice to the person about the relevant matter.

Where administrative action is proposed, a Show Cause Notice must be given to the holder of the authority, which must state the following:

  • that the chief executive proposes to take the administrative action
  • the proposed administrative action, including whether it applies to
    • all regulated activities with regulated substances to which the authority relates; or
    • a particular regulated activity or regulated substance; and
  • the reasons for the proposed administrative action
  • that the holder may, within a stated period of at least 21 days (the show cause period), give the chief executive a written response to the Show Cause Notice (s97 MPA).

Immediate or agreed administrative action

Administrative action may be:

  • immediate action taken because there is an  urgent need to prevent a serious health risk to any person, including to the holder (s102 MPA)
  • agreed administrative action taken if a relevant person to whom the action applies agrees to the action being taken (s103 MPA).

The chief executive may decide to take immediate administrative action in relation to an authority on a ground described in section 96(1) of the MPA without giving the holder of the authority a show cause notice (s102 MPA).

Request by holder to review administrative action

Section 105 of the MPA states that the holder of an authority in relation to which administrative action has been taken may:

  • ask the chief executive, in writing, to review the administrative action, and
  • give the chief executive information supporting the holder’s request.

The holder may make a request under subsection (1) only on or after the review day for the administrative action.

Review day, for administrative action, means the earliest day on which the chief executive is required under this part to consider ending or changing the administrative action (s95 MPA).

A review day is included in the following information notices:

  • Notice of decision to take administrative action (s100 MPA)
  • Notice of decision to take immediate administrative action (s102 MPA)
  • Notice of decision to take agreed administrative action (s103 MPA)
  • Notice of decision after reviewing administrative action on request (s106 MPA)

Complete the appropriate form to apply for review of administrative action on or after the review day for the administrative action under section 105 of the MPA:

Review process must start with internal review

An affected person (defined in s196 of the MPA) for an original decision may apply to the Queensland Civil and Administrative Tribunal (QCAT) for a review of the decision only if a decision on an application for internal review of the decision has been made, or is taken to be made, under Chapter 6, Part 1, Division 2 of the MPA (s197 MPA).

The following approved form is to be completed to apply for an internal review of an original decision as described in sections 197, 198 and 199 of the MPA.

Request for information from the administrative action register

In accordance with section 229 of the MPA, the administrative action register contains the following information about administrative action taken in relation to a person –

  • (a) the name of the person;
  • (b) a brief description of the administrative action taken in relation to the person.

Pursuant to section 95 of the MPA, administrative action, in relation to an authority (i.e. a substance authority or an approved person’s authorisation), means action—

  • (a) changing a condition of an authority; or
  • (b) suspending an authority for a stated period or indefinitely; or
  • (c) cancelling a substance authority

Under section 231(2) of the MPA the chief executive of Queensland Health (or delegate) may give information, including confidential information, from the administrative action register to a person seeking the information, if the chief executive (or delegate) is satisfied it is in the public interest to do so.

This form is to be used to request information from the administrative action register (PDF 267 kB) required to be kept under section 228 of the MPA.

Further information

If you require further information regarding a substance authority, contact HARU@health.qld.gov.au.

If you require further information regarding an authorisation for an approved person, contact MedicinesCompliance@health.qld.gov.au.

Last updated: 7 June 2023