Public consultation on proposed amendments to the Poisons Standard in relation to nitrous oxide – Joint ACMS-ACCS #45 – November 2026

Overview

This consultation is for two proposals to amend the current scheduling of nitrous oxide to manage the increasing public health risks from its misuse. The first proposal is initiated by the Delegate and the second proposal has been submitted by a private applicant.

Currently, nitrous oxide for therapeutic use is a Prescription only (Schedule 4) substance while for all other uses it a Poison (Schedule 6). Products classified as Schedule 6 are required to carry first aid instructions, warning statements and safety directions regarding potential for nerve damage, if inhaled. 

Proposal 1 (initiated by the Delegate)

This proposal is to prohibit the supply and use of nitrous oxide for non-therapeutic purposes in amounts greater than 10 g. Non-therapeutic use of nitrous oxide in containers having 10 g or less of the gas will continue to be captured under Schedule 6, while therapeutic use will remain in Schedule 4. The proposed amendments are as follows. 

Schedule 4

NITROUS OXIDE for therapeutic use.

Schedule 6

NITROUS OXIDE except when included in Schedule 4 or Schedule 10.

Schedule 10

NITROUS OXIDE when packed in non-refillable containers each containing more than 10 g of nitrous oxide.

Proposal 2 (submitted by the applicant) 

The applicant has proposed to remove the existing Schedule 6 entry and instead classify nitrous oxide for non-therapeutic purposes as a Controlled Drug (Schedule 8) with certain exemptions for limited personal possession and supply and use for legitimate industrial, automotive and hospitality purposes. The proposed amendments are as follows.

SCHEDULE 4

NITROUS OXIDE for therapeutic use

SCHEDULE 8

NITROUS OXIDE except

1. where it is a Schedule 4 Poison, or;

2. where it is in the possession of an individual, in a quantity of less than 48 g, comprised of fewer than 6 individual bulbs each containing 8 g or less of the gas, or;

3. where it is in the possession of a registered hospitality venue or licensed venue, in a quantity of less than 480 g, comprised of fewer than 60 individual bulbs, each containing 8 g or less of the gas, or;

4. where it is in the possession of a legitimate importer, wholesaler, distributor or retailer, if that importer, wholesaler or distributor creates a copy of the identity of each person to whom it sells the gas, keeps those copies for five years, makes those copies available to any regulatory or law enforcement agency upon request, and where the importer, wholesaler, distributor or retailer does not advertise the gas for sale, and where the importer, wholesaler, distributor or retailer does not make the gas available for sale on the internet, or;

5. where it is used as a refrigerant and where the equipment it is used in is only operated by a qualified technician, or;

6. where it is mixed with greater than 100 ppm of sulphur dioxide and is for use in an automotive application.

None of the options propose any changes to the Schedule 4 classification of nitrous oxide for therapeutic purposes. Legitimate use of nitrous oxide for food, culinary and industrial purposes are permissible under both the options.

The Delegate is seeking public comments on the proposed amendments for further consideration at the joint meeting of the Advisory Committee on Medicines Scheduling (ACMS) and the Advisory Committee on Chemicals Scheduling (ACCS) in November 2026.

The proposals under consultation are detailed in the Public Notice for the November 2026 meeting.

• Pre-meeting public notice – Nitrous oxide - November 2026 (PDF)
• Pre-meeting public notice – Nitrous oxide - November 2026 (Word)

The closing date for this consultation is close of business 12 October 2026. All submissions received by the deadline, including votes and comments will be considered by the delegate before making an interim decision.

Why your views matter

Why we are consulting 

When a scheduling application or proposal is made, they are considered by the person to whom the Secretary of the Department of Health, Disability and Ageing has delegated decision making responsibility to (the Delegate). The Delegate may seek advice from the the Advisory Committee on Medicines Scheduling (ACMS) and the Advisory Committee on Chemicals Scheduling (ACCS). Where a proposal is referred to an advisory committee, the Delegate must invite public submissions on the proposal. The referral process to the Advisory Committees usually includes two opportunities for public consultation; one at the pre-meeting stage and one in response to the Delegate’s interim decision. 

What will happen 

This is a pre-meeting consultation. Any public submissions received are considered by the Advisory Committees before they provide advice or a recommendation to the TGA Delegate. The Delegate will consider the Advisory Committees advice and the public submissions before making an interim decision. If no pre-meeting public submissions are received the Delegate may proceed directly to make a final decision. If the Delegate makes an interim decision, there will be a further call for public submissions, which the Delegate will take into account before making a final decision.

Public submissions are published on the TGA website – see the section on Privacy and your personal information in this consultation.