The following summarises general requirements for disposal of N&S as could be applied to N&S generated by an IDU. Generally, if legislation exists that is specific to disposal of N&S by IDU, then essentially it advises disposal via placement into a rigid container and then placement into domestic waste stream. Care should be taken to avoid injury to any person.

Australian Capital Territory
New South Wales
Northern Territory
Queensland
South Australia
Tasmania
Victoria
Western Australia

Australian Capital Territory legislative requirements

No specific legislation except for what is contained in the Regulations on Recycling and Garbage 2003 and the Clinical Waste Act 1990.

New South Wales legislative requirements

No specific legislation applies to the disposal of N&S.

Northern Territory legislative requirements

Misuse of Drugs Act

s12(4) A person who possesses a hypodermic syringe or needle who fails to use all reasonable care and take all reasonable precautions with it so as to avoid danger to the life, safety or health of another person is guilty of an offence.

Misuse of Drugs Regulations

s3. Disposal of syringes or needles For the purposes of section 12(5) of the Act, a hypodermic syringe or needle that has been used in the unlawful administration20 of a dangerous drug shall be disposed of –
  1. by depositing it in a rigid walled and puncture resistant container that is sealed or securely closed in such a manner that the contents are incapable of causing injury to any person; and
  2. by either –
    1. placing the container with its contents in a household or other refuse bin; or
    2. handing it or causing it to be handed to a person referred to in section 12(2) of the Act.
Top of page

Queensland legislative requirements

Criminal Code

s280 (6) A person must take reasonable care and precautions with a needle to avoid danger to life, safety or health of anyone else.

s280 (7) A person must dispose of a used needle in the way prescribed under a regulation.

Drugs Misuse Act 1986

s10 (3) and (4) require hypodermic syringes and needles to be disposed of in accord with procedures prescribed by regulation and to take reasonable care and precautions with a needle to avoid danger to life, safety or health of anyone else.

Drugs Misuse Regulation 1987

reg 3 For the purposes of section 10(4A) of the Act, the prescribed procedures for the disposal of a hypodermic syringe or needle shall be as follows-
  1. by placing the hypodermic syringe or needle in a rigid wall, puncture resistant container and that container is sealed or securely closed in such a manner that its contents are incapable of causing injury to any person; or

  2. by giving the hypodermic syringe or needle to a person who is a medical practitioner, pharmacist or person or a member of a class of persons referred to as authorised in section 10(3) of the Act.
Environment Protection (Waste Management) Regulation 2000

reg 49(1) Subsection (2) applies to a person who-
  1. discards, at domestic premises, a hypodermic needle that has been in contact with human or animal tissue or body fluids; or
    (2) the person must -
    1. place the needle or sharp in a rigid walled, puncture resistant container; and
    2. seal or securely close the container.

South Australia legislative requirements

No specific legislation applies to the disposal of N&S.
Top of page

Tasmania legislative requirements

HIV/AIDS Preventive Measures Act 1993

s33. A person who obtains a syringe or needle from the holder of a permit must give to that person any used syringe or needle in that person's possession in exchange for the syringe or needle obtained.

s35. A person must dispose of a used syringe or needle –
  1. by placing the syringe or needle in a container that –
    1. has rigid walls; and
    2. is resistant to puncture; and
    3. is capable of being sealed or securely closed in such a way that its contents are not capable of causing injury; or
  2. by such other method as the Secretary may determine.
s36. A person who is in possession of a syringe or needle must use all reasonable care and take all reasonable precautions in respect of that syringe or needle so as to avoid danger to the life, safety or health of another person.

Victoria legislative requirements

No specific legislation applies to the disposal of N&S.

Western Australia legislative requirements

Poisons Regulations 1965

reg12F. Requirements relating to used hypodermic needles and syringes
  1. A person shall not, in the course of the conduct of an approved needle and syringe programme, accept any used hypodermic syringe or used hypodermic needle unless the syringe or needle has been exhausted.

  2. For the purposes of subregulation (1), a hypodermic syringe or a hypodermic needle shall be taken to have been exhausted if it contains no more than the residue of any drug.

  3. A person who, in the course of the conduct of an approved needle and syringe programme, receives any used hypodermic needle or used hypodermic syringe shall immediately place the needle and syringe in a receptacle of a type approved by the Commissioner of Health and the Commissioner of Police.

Footnotes

20 Not specifically defined, but interpreted to mean that a person administers a dangerous drug without authority to do so.