POISONS DRUGS, AND CONTROLLED SUBSTANCES ACT 1981
No. 9719 of 1981
Version incorporating amendments as at 1 March 2009
Drugs, Poisons and Controlled Substances Act 1981
- TABLE OF PROVISIONS
SectionPage
1.Short title and commencement
PART I-INTRODUCTORY AND TRANSITIONAL
2.Repeals and revocations
3.Savings
4.Definitions
4A.Act does not apply to certain processed products
5.Meaning of possession
6.Meaning of corresponding law
7.Act not to derogate from provisions of certain other Acts
8.References in other Acts
9.Revocation of proclamation etc.
10.Repealed
11.Act to bind the Crown
PART II-POISONS AND CONTROLLED SUBSTANCES
Division 1-Classification
12.Poisons Code
12A.The Poisons List
12B.Requirements for labelling and other matters
12C.What if the Poisons Code conflicts with the Act or regulations?
12D.Incorporation of the Commonwealth standard
12E.Amendment of Code
12F.Status of the Poisons Code
12G.Procedure for preparation of the Poisons Code
12H.Tabling before Parliament
12I.Availability of Code
12J.What if documents are not notified or made available?
12K.Commencement of Poisons Code and incorporated materials
12L.Evidence
12M.Repealed
Division 2-Authorized persons
13.Persons authorized to have possession etc. of poisons or controlled substances
13A.Chinese medicine practitioners and herbal dispensers must establish therapeutic need
14.Special provisions as to medical practitioners
14A.Minister to approve scope of prescribing rights
Division 3-Poisons Advisory Committee
15.Establishment and membership of Poisons Advisory Committee
15A.Terms and conditions of appointment
15B.Resignation and removal
15C.Vacancies
15D.Quorum and proceedings
15E.Co-opted members
16.Sub-committees
17.Functions of the Committee
18.Officers of committee
Division 4-Licences, permits and warrants
18A.Definitions
19.Issue of licences, permits and warrants
20.What a licence, permit or warrant can authorise
21.Duration of a licence, permit or warrant
22.Renewal of licences and permits
22A.Amendment
22B.Inspection
22C.Suspension or cancellation
Division 5-Public health emergencies
22D.When a public health emergency order may be made
22E.Matters to be specified in a public health emergency order
22F.What a public health emergency order authorises
22G.Extending, amending and revoking orders
22H.Orders under this Division to be published in Government Gazette
Divisions 6, 7-Repealed
Division 8-Manufacture and sale of poisons or controlled
substances
23.Manufacture, sale and supply of poisons or controlled substances by wholesale
24.Wholesaling of certain poisons
25.Repealed
26.Retailing of poisons or controlled substances
27.Sale of poisons or controlled substances by persons other than manufacturers etc.
27A.Offences concerning labelling and other matters
28.House to house sale of poisons or controlled substances prohibited
29.Sale of substances in unauthorised containers
30.Vending machines for poisons or controlled substances
Division 9-Repealed
31.Repealed
Division 10-Drugs of dependence, Schedule 8 poisons, Schedule 9 poisons and Schedule 4 poisons
Subdivision 1-Introductory matters and records
31.Definitions
32.Record keeping in relation to sale or supply of drugs of
addiction
Subdivision 2-Notification of drug-dependent person
33.Notification of drug-dependent person
Subdivision 3-Schedule 9 poisons
33A.Application for permit to administer, supply or prescribe Schedule 9 poisons
33B.Schedule 9 permit
33C.Offence not to comply with Schedule 9 permit
33D.Offence to administer Schedule 9 poisons without permit
Subdivision 4-Schedule 8 poisons
34.Requirement to apply for Schedule 8 permit
34A.Schedule 8 permit
34B.Offence to administer etc. Schedule 8 poisons to drug-
dependent person
34C.Offence to administer etc. Schedule 8 poisons to person who
is not a drug-dependent person
34D.Exception to Schedule 8 permit requirement-specified
medical conditions
34E.Exceptions to Schedule 8 permit requirement-multiple practitioners at medical clinic
34F.Exception to Schedule 8 permit requirement-patients in
prisons, aged care services and hospitals
35.Offence not to comply with Schedule 8 permit
Subdivision 5-General
35A.Secretary may specify medical conditions
35B.Composite forms
36.Obligations of pharmacists in relation to dispensing of drugs
36A.Forgery
36B.Unauthorized possession etc. of poison or controlled substance etc.
Division 10A-Administration of medication in aged care services
36C.Effect of this Division
36D.Definitions
36E.Administration of drugs of dependence, Schedule 9 poisons, Schedule 8 poisons and Schedule 4 poisons in aged care services
36F.Nurse to have regard to code for guidance
Division 11-Appeals
37.Appeals
Division 12-Sale of poisons book
38.Record of sale of poisons
38A.Authorised possession of certain poisons
39.Repealed
40.Sale or supply of poisons or controlled substances to persons under age
Division 13-Authorized officers
41.Secretary may authorize person to carry out functions of authorized officer
42.Inspections
43.Duties of officers in relation to seized substances
44.Persons who are liable for contravention of Act
Division 13A-Authorised Police Employees
44A.Chief Commissioner may authorise person to carry out
functions of authorised police employee
44B.Powers, duties and functions of authorised police employee
Division 14-Offences
45.Time within which information to be laid
46.Offences
47.Maximum sentence etc.
48.Offence to receive certain moneys etc.
49.Obtaining licence by fraud
50.Immunity of authorized officers and authorised police
employees
51.Repealed
Division 15-Poison baits
52.Setting of poison baits
53.Regulations
Division 16-Poisons in roads and waterways
54.Special regulations
Division 17-Prohibition of poisons or controlled substances
55.Prohibiting sale or supply of poisons or controlled substances
PART III-MANUFACTURE OF HEROIN
56.Manufacture of heroin etc.
PART IV-DELETERIOUS SUBSTANCES AND SEARCH, SEIZURE AND DETENTION POWERS RELATING TO VOLATILE SUBSTANCES
Division 1-Deleterious substances
57.Definitions
58.Sale of deleterious substances
59.Matters to which this Part does not apply
60.Evidence
Division 2-Volatile substances
60A.Purpose of Division
60B.Police to take into account the best interests of person under 18 years of age
60C.Where can police powers under this Division be exercised?
60D.Police may use reasonable force
60E.Police may search person under 18 years of age without
warrant
60F.Search of person irrespective of age without warrant
60G.Before search, police to identify self
60H.Before search, police to give information and request
production of substance or item
60I.Request for explanation before seizure of volatile substances
and items used to inhale volatile substances
60J.Seizure of volatile substances and items used to inhale when explanation given
60K.Seizure of volatile substances and items used to inhale when
no explanation given
60L.Apprehension and detention
60M.How long may a person be detained and where?
60N.Return of seized or produced volatile substances and items
used to inhale volatile substances
60O.Disposal or making safe of volatile substances and items used
to inhale volatile substances
60P.Forfeiture to Crown
60Q.Records concerning searches, seizure, receipt or disposal of property, apprehensions and detentions
60R.Person may request record
60S.Chief Commissioner to report on actions under this Division
60T.Regulations
PART IVA-AUTHORITIES FOR LOW-THC CANNABIS
Division 1-Authorities for low-THC cannabis
61.Definitions
62.Application for authority to cultivate and process low-THC cannabis
63.Secretary must investigate application
64.Matters to be considered in determining applications
65.Determination of applications
66.Terms and conditions of authorities
67.Renewal of authorities
68.Authority not transferable
69.Amendment of authorities
69A.Suspension or cancellation
69B.Review by VCAT
69C.Offence to fail to comply with authority
69D.Catchment and Land Protection Act does not apply
Division 2-Inspection and enforcement
69E.Inspectors under this Part
69F.General powers of inspectors
69G.Inspector may order harvest or treatment
69H.Inspector has power to detain or seize
69I.What happens if an inspector detains or seizes plants, crops
or products?
69J.Appeal to Secretary if disposal or destruction ordered
69K.Offences relating to inspector's exercise of power
69L.Inspector may possess cannabis for purposes of this Part
Division 3-Regulations under this Part
69M.Regulations
PART V-DRUGS OF DEPENDENCE AND RELATED
MATTERS
70.Definitions
71.Trafficking in a drug or drugs of dependence-large
commercial quantity
71AA.Trafficking in a drug or drugs of dependence-
commercial quantity
71AB.Trafficking in a drug of dependence to a child
71AC.Trafficking in a drug of dependence
71A.Possession of substance, material, documents or equipment
for trafficking in a drug of dependence
71B.Supply of drug of dependence to a child
71C.Possession of tablet press
71D.Possession of precursor chemicals
72.Cultivation of narcotic plants-large commercial quantity
72A.Cultivation of narcotic plants-commercial quantity
72B.Cultivation of narcotic plants
72C.Defence to prosecution for offences involving cultivation
73.Possession of a drug of dependence
74.Introduction of a drug of dependence into the body of another person
75.Use of drug of dependence
76.Adjourned bonds to be given in certain cases
77.Forging prescriptions and orders for drugs of dependence
78.Obtaining drugs of dependence etc. by false representation
79.Conspiring
80.Aiding and abetting etc.
PART VA-COCAINE KITS
Division 1-Cocaine kits
80A.What is a cocaine kit?
80B.Offence to display a cocaine kit in a retail outlet
80C.Offence to sell a cocaine kit
Division 2-Enforcement
80D.Seizure of cocaine kits
80E.Retention and return of seized cocaine kits
80F.Magistrates' Court may extend 3 month period
80G.Forfeiture and destruction of seized cocaine kits
80H.Court may order forfeiture to the Crown
PART VI-SEARCH SEIZURE AND FORFEITURE
81.Warrant to search premises
81A.Notice that seized thing or document is being held for
purposes of Confiscation Act 1997.
81B.Application for tainted property to be held or retained-
return of warrant to court
81C.Court may make direction
81D.Notice of direction under section 81C.
81E.Effect of directions under sections 81(1A) and 81C.
82.Search without warrant
83.Forfeiture of drug of dependence or substance before
conviction
84-89.Repealed
90.Appeals
91.Destruction of drugs of dependence-health and safety
interests
92.Delegated police officers
93.Certificate and report to be provided to Chief Commissioner
of Police
94.Request for copies
95.Director, Police Integrity to inspect and report
96.Annual reports
97-101.Repealed
PART VII-PROCEEDINGS
102.Identity of seller of substances
103.Offences by corporations
104.Burden of proof
105-109.Repealed
PART VIII-Repealed
110-117.Repealed
PART IX-EVIDENTIARY
118.List of licences and permits
119.Evidentiary
120.Analyst's etc. certificates
121.Evidentiary effect of certain statements
122.Proof that a substance is poison etc.
122A.Evidence of market value of drugs of dependence
123.General offence
PART X-Repealed
124-128.Repealed
PART XI-REGULATIONS
129.Regulations
130.Construction of section 129.
131.Regulations as to regulated poisons
132.General regulations
132A.Regulations may incorporate other documents
132B.Scope of regulations
133.Strict compliance with prescribed forms not necessary
133A.Exemption from regulatory impact statement procedure
PART XII-TRANSITIONAL PROVISIONS
134.References
135.Instruments to continue
135A.Transitional provisions-Drugs, Poisons and Controlled Substances (Amendment) Act 1994.
136.Continuity of Poisons Advisory Committee
137.Transitional provisions-Drugs, Poisons and Controlled Substances (Amendment) Act 2001.
138.Refund of licence fee in relation to Schedule 5 poisons and Schedule 6 poisons
139.Transitional provisions relating to licences-Drugs, Poisons
and Controlled Substances and Therapeutic Goods
(Victoria) Acts (Amendment) Act 2004.
140.Transitional provisions-Drugs, Poisons and Controlled Substances (Amendment) Act 2006.
141.Drug Rehabilitation and Research Fund
142.Transitional provisions-Drugs, Poisons and Controlled Substances Amendment Act 2008.
__________________
1-9-Repealed
SCHEDULE 10-Search Warrant
SCHEDULE 11.
SCHEDULE 12-Statements of Strength of Preparations
---------------
ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
Drugs, Poisons and Controlled Substances Act 1981
- SECT 1
Short title and commencement
1.Short title and commencement
(1)This Act may be cited as the Drugs, Poisons and Controlled Substances Act 1981.
(2)The several provisions of this Act shall come into operation on a day or on the respective days to be fixed by proclamation or successive proclamations of the Governor in Council published in the Government Gazette.
*****
_______________
Drugs, Poisons and Controlled Substances Act 1981
- PART I
PART I
INTRODUCTORY AND TRANSITIONAL
Drugs, Poisons and Controlled Substances Act 1981
- SECT 2
Repeals and revocations
2.Repeals and revocations
(1)The Acts and enactments mentioned in the table to this subsection, to the extent to which they are therein expressed to be repealed are hereby repealed accordingly.
TABLE
Number of Act
Title of Act
Extent of Amendment or Repeal
6889
Poisons Act 1962
So much as has not already been repealed.
7065
Statute Law Revision Act 1963
Items in Schedule relating to the Poisons Act 1962.
7588
Poisons (Amendment) Act 1967
The whole.
7703
Abolition of Bailiwicks Act 1968
Item in Schedule relating to the Poisons Act 1962.
8181
Statute Law Revision Act 1971
Item in Schedule relating to the Poisons Act 1962.
8233
Poisons (Amendment) Act 1971
The whole.
8247
Crimes (Powers of Arrest) Act 1972
Item in Schedule relating to the Poisons Act 1962.
8266
Poisons (Amendment) Act 1972
The whole.
8287
Dentists Act 1972
Section 45(2).
8424
Medical Practitioners (Amendment) Act 1973
Section 12.
8456
Poisons (Fees) Act 1973
The whole.
8961
Poisons (Drugs of Addiction) Act 1977
The whole.
9023
Health Commission Act 1977
Item 16 of Part A of Schedule One.
9294
Poisons (Amendment) Act 1979
The whole.
9427
Statute Law Revision Act 1980
Item in Third Schedule relating to the Poisons Act 1962.
9576
Crimes (Classification of Offences) Act 1981
Item in the Schedule relating to the Poisons Act 1962.
(2)All proclamations made under the Poisons Act 1962 and amending any of the Schedules to that Act are revoked.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 3
Savings
3.Savings
*****
(2)On and from the commencement of this section in any order, proclamation, regulation, licence, permit, warrant, authority, Order in Council or other instrument or document made, issued or given under the Poisons Act 1962 before the commencement of this section and deemed to have been made, issued or given under this Act or continued in force under this Act-
(a)a reference to a pharmaceutical chemist shall be deemed and taken to be a reference to a pharmacist;
*****
*****
(4)Subject to subsection (2), nothing in this Act shall affect the continuity of status, operation or effect of any permit issued under section 11 of the Poisons Act 1962 before the commencement of this section and in force immediately before that commencement, and that permit shall, on and from the date of commencement of this section, be deemed to have been issued under the provisions of this Act that corresponds to section 11 of the Poisons Act 1962.
*****
(7)Except as is in this Act expressly or by necessary implication provided-
(a)all persons, things and circumstances appointed or created by or under the Poisons Act 1962 or existing or continuing under that Act immediately before the commencement of this section shall under and subject to this Act continue to have the same status, operation and effect as they respectively would have had if that Act had not been repealed; and
(b)in particular and without limiting the generality of paragraph (a), the repeal of the Poisons Act 1962 shall not disturb the continuity of status, operation or effect of any order, proclamation, regulation, recommendation, certificate, proceeding, appointment, notification, writ, summons, award, judgment, decree, fee, suspension, revocation, renewal, enquiry, registration, document, panel, submission, remuneration, approval, disapproval, refusal, decision, report, investigation, requirement, forfeiture, direction, analysis, examination, liability or right made, effected, issued, granted, given, instituted, imposed, accrued, incurred or acquired or existing or continuing by or under the repealed Act before the commencement of this section.
*****
Drugs, Poisons and Controlled Substances Act 1981
- SECT 4
Definitions
4.Definitions
(1)In this Act unless inconsistent with the context or subject-matter-
aged care service has the same meaning as it has in the Aged Care Act 1997 of the Commonwealth;
authorised police employee means-
(a)a person authorised under section 44A; or
(b)a person who is a member of a class of person authorised under section 44A;
authorised practitioner means a pharmacist whose registration has been endorsed by the Pharmacy Board of Victoria under the Health Professions Registration Act 2005 as qualified to obtain, possess, use, sell or supply but not to prescribe Schedule 1 poisons;
authorized officer means a person authorized by the Secretary under section 41 and any member of the police force;
automatic machine means any machine or mechanical device used or capable of being used for the purpose of selling or supplying goods without the personal manipulation or attention of the seller or supplier or his employee or other agent at the time of the sale or supply;
certificate of health and safety destruction or disposal means a certificate given by an analyst or a botanist under section 91(1)(c);
*****
*****
Committee means the Poisons Advisory Committee constituted under Division 3 of Part II;
Commonwealth standard means-
(a)the document called "the Standard for the Uniform Scheduling of Drugs and Poisons", being recommendations of the Public Health Committee of the National Health and Medical Research Council, published by or by the authority of that Council; or
(b)if the title, formulator or publisher of that document changes, a document prescribed to be the Commonwealth standard-
and, except in sections 12 to 12I, includes that standard as published or amended from time to time;
compound in relation to a poison or controlled substance means a medicament prepared in accordance with a formula and being a combination of-
(a)a poison or controlled substance; and
(b)any other substance or substances-
in such a way that the poison or controlled substance cannot be readily separated from the other substance or substances, and to compound and derivative expressions have corresponding meanings;
*****
delegated police officer means-
(a)a person to whom a function under section 91 has been delegated under section 92; or
(b)a person who is a member of a class to which a function under section 91 has been delegated under section 92;
dentist means a person registered in the dentists' division of the register kept by the Dental Practice Board of Victoria under the Health Professions Registration Act 2005;
*****
drug of dependence means a substance that is-
(a)a drug-
(i)specified in column 1 of Part 1 of Schedule Eleven; or
(ii)included in a class of drug specified in column 1 of Part 1 of Schedule Eleven; or
(b)any fresh or dried parts of any plant specified in column 1 of Part 2 of Schedule Eleven; or
(c)a drug-
(i)specified in column 1 of Part 3 of Schedule Eleven; or
(ii)included in a class of drug specified in column 1 of Part 3 of Schedule Eleven-
and includes-
(d)any form of a drug specified in column 1 of Part 1 or column 1 of Part 3 of Schedule Eleven, whether natural or synthetic, and the salts, derivatives and isomers of that drug and any salt of those derivatives and isomers; and
(e)any-
(i)drug specified in, or drug included in a class of drug specified in column 1 of Part 1 or column 1 of Part 3 of Schedule Eleven, whether natural or synthetic; or
(ii)salts, derivatives or isomers of a drug specified in column 1 of Part 1 or column 1 of Part 3 of Schedule Eleven; or
(iii)salt of any derivative or isomer mentioned in subparagraph (ii)-
contained in or mixed with another substance;
*****
heroin means diacetyl morphine (also known as diamorphine) and its salts;
*****
label-
(a)in section 27A, means a statement in writing on a container of a poison or controlled substance; and
(b)in any other case-
includes any tag brand mark or statement in writing on or attached to or used in connexion with any container or package containing any poison or controlled substance; and labelled has a corresponding interpretation;
licence means a valid and unexpired licence under any Part of this Act or under the regulations;
licensee means the person named in a licence;
manufacture includes the process of refining, manipulating and mixing any poison or controlled substance (including a poison or controlled substance in the raw state); and "manufacturer" has a corresponding interpretation;
*****
*****
*****
nurse practitioner means a nurse whose registration has been endorsed by the Nurses Board of Victoria under section 20 of the Health Professions Registration Act 2005-
(a)to use the title nurse practitioner; and
(b)as being qualified to obtain and have in his or her possession and to use, sell or supply Schedule 2, 3, 4 or 8 poisons that are approved by the Minister under this Act;
Order in Council means an Order made by the Governor in Council published in the Government Gazette;
pharmacist means a pharmacist registered by the Pharmacy Board of Victoria under the Health Professions Registration Act 2005;
poison or controlled substance means-
(a)a Schedule 1 poison; or
(b)a Schedule 2 poison; or
(c)a Schedule 3 poison; or
(d)a Schedule 4 poison; or
(e)a Schedule 5 poison; or
(f)a Schedule 6 poison; or
(g)a Schedule 7 poison; or
(h)a Schedule 8 poison; or
(i)a Schedule 9 poison; or
(j)a regulated poison other than a Schedule 7 poison;
Poisons Code means the Poisons Code prepared under section 12 as amended or substituted and in force from time to time;
Poisons List means the Poisons List in the Poisons Code;
*****
prescribed means prescribed by this Act or the regulations;
proclamation means proclamation of the Governor in Council;
public health emergency order means an order made under section 22D and includes an order extended, amended or varied under section 22G;
registered Chinese herbal dispenser means a person registered as a Chinese herbal dispenser by the Chinese Medicine Registration Board of Victoria under the Health Professions Registration Act 2005;
registered Chinese medicine practitioner means a person registered as a Chinese herbal medicine practitioner by the Chinese Medicine Registration Board of Victoria under the Health Professions Registration Act 2005;
registered medical practitioner means a medical practitioner registered by the Medical Practitioners Board of Victoria under the Health Professions Registration Act 2005;
registered optometrist means an optometrist registered by the Optometrists Registration Board of Victoria under the Health Professions Registration Act 2005;
registered podiatrist means a podiatrist registered by the Podiatrists Registration Board of Victoria under the Health Professions Registration Act 2005;
regulated poison means-
(a)a Schedule 7 poison; or
(b)a substance included in the Poisons Code in the list of substances that are not for general sale by retail;
Regulations means Regulations made under this Act or any corresponding previous enactment;
*****
Schedule 1 Poison means a substance in Schedule 1 in the Poisons List;
Schedule 2 Poison means a substance in Schedule 2 of the Commonwealth standard;
Schedule 3 Poison means a substance in Schedule 3 of the Commonwealth standard;
Schedule 4 Poison means a substance in Schedule 4 of the Commonwealth standard;
Schedule 5 Poison means a substance in Schedule 5 of the Commonwealth standard;
Schedule 6 Poison means a substance in Schedule 6 of the Commonwealth standard;
Schedule 7 Poison means a substance in Schedule 7 of the Commonwealth standard;
Schedule 8 Poison means a substance in Schedule 8 of the Commonwealth standard;
Schedule 9 Poison means a substance in Schedule 9 of the Commonwealth standard;
Secretary has the same meaning as in the Health Act 1958;
sell means sell, whether by-
(a)wholesale or retail or otherwise, barter, exchange, deal in, agree to sell, offer or expose for sale, keep or have in possession for sale, send forward, deliver or receive for or for the purpose of sale or in the course of sale; and
(b)authorize, direct, allow, cause, suffer, permit or attempt any of the acts or things mentioned in paragraph (a)-
and sale and each of the other derivatives of sell have corresponding meanings;
serious risk to public health means a material risk that substantial injury or prejudice to the health of human beings has occurred or may occur having regard to-
(a)the number of persons likely to be affected;
(b)the location, immediacy and seriousness of the threat to the health of persons;
(c)the nature, scale and effects of the harm, illness or injury that may develop;
*****
substance includes material, preparation, extract and admixture;
supply means-
(a)supply, provide, give or deliver, whether or not for fee, reward or consideration or in expectation of fee, reward or consideration;
(b)agree or offer for the purpose of supply as defined in paragraph (a), expose for the purpose of supply as so defined, keep or have in possession for the purpose of supply as so defined, send forward or receive for the purpose of supply as so defined; and
(c)authorize, direct, cause, allow, suffer, permit or attempt to do any of the acts or things mentioned in paragraph (a) or paragraph (b)-
and the derivatives of supply shall have corresponding meanings;
therapeutic use means use in or in connection with-
(a)the preventing, diagnosing, curing or alleviating of a disease, ailment, defect or injury in human beings or animals; or
(b)influencing, inhibiting, or modifying of a physiological process in human beings or animals; or
(c)the testing of the susceptibility of human beings or animals to a disease or ailment;
veterinary practitioner means a veterinary practitioner registered under the Veterinary Practice Act 1997;
*****
wholesale means-
(a)sale or supply for the purposes of resale;
(b)sale or supply to a person for the purposes of supply by that person to another person; and
(c)sale or supply for the purposes of use in connexion with a trade, business, profession or industry;
wholesale dealer means a person who sells or supplies by wholesale.
(2)A reference in this Act to manufacture does not include a reference to the process of refining, manipulating and mixing a poison or controlled substance, where the process is carried out by a pharmacist in the lawful practise of his profession in-
(a)premises used for sale by retail and approved under Part 6 of the Health Professions Registration Act 2005; or
(b)premises used for sale by retail in circumstances approved under Part 6 of the Health Professions Registration Act 2005; or
(c)a pharmacy department approved under Part 6 of that Act-
in which the pharmacist manufactures preparations of poisons or controlled substances for sale or distribution only from those premises or from such other premises as may be owned and operated by that pharmacist selling by retail.
(3)A reference in this Act to manufacture does not include a reference to the process of refining, manipulating and mixing a Schedule 1 poison, where the process is carried out by a registered Chinese medicine practitioner, a registered Chinese herbal dispenser or an authorised practitioner in the lawful practice of his or her profession for the purposes of use, sale or supply by that practitioner or dispenser.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 4A
Act does not apply to certain processed products
4A.Act does not apply to certain processed products
(1)This Act does not apply to-
(a)a processed fibre product made from cannabis if the product-
(i)does not contain more than 01 per cent of tetrahydrocannabinol; and
(ii)does not contain whole cannabis seeds; and
(iii)is in a form not suitable for ingestion, smoking or inhaling purposes; or
(b)a processed product made from cannabis seeds if the product-
(i)does not contain more than 0001 per cent of tetrahydrocannabinol; and
(ii)does not contain whole cannabis seeds.
(2)In this section-
cannabis means a plant or any part of a plant of the genus Cannabis L, whether fresh or dried;
processed means treated by mechanical, chemical or other artificial means but does not include-
(a)harvesting; or
(b)the natural process of decay.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 5
Meaning of possession
5.Meaning of possession
Without restricting the meaning of the word possession, any substance shall be deemed for the purposes of this Act to be in the possession of a person so long as it is upon any land or premises occupied by him or is used, enjoyed or controlled by him in any place whatsoever, unless the person satisfies the court to the contrary.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 6
Meaning of corresponding law
6.Meaning of corresponding law
(1)In this Act the expression corresponding law means any law stated in a certificate purporting to be issued by or on behalf of the Government of-
(a)any British possession (including any territory which is under Her Majesty's protection or which is governed under a trusteeship agreement by the Government of any part of Her Majesty's dominions) outside Victoria; or
(b)any foreign country (including any protectorate thereof or any territory which is governed under a trusteeship agreement by the Government thereof)-
to be a law providing for the control and regulation in that possession or country of the manufacture sale use export or import of drugs in accordance with the provisions of-
(i)the International Opium Convention signed at The Hague on the twenty-third day of January One thousand nine hundred and twelve; or
(ii)the Convention which is referred to as the Geneva Convention in the preamble to the Act of the Parliament of the United Kingdom known as the Dangerous Drugs Act 1925 and as having been signed on behalf of His Majesty on the nineteenth day of February One thousand nine hundred and twenty-five; or
(iii)the Single Convention on Narcotic Drugs, 1961 signed at New York on the thirtieth day of March One thousand nine hundred and sixty-one.
(2)Any statement in a certificate mentioned in subsection (1) as to the effect of the law mentioned in the certificate or any statement in a certificate mentioned in subsection (1) that any facts constitute an offence against that law shall be conclusive.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 7
Act not to derogate from provisions of certain other Acts
7.Act not to derogate from provisions of certain other Acts
This Act shall be read and construed as being in aid and not in derogation of the Health Act 1958, the Wildlife Act 1975, the Liquor Control Reform Act 1998, the Health Professions Registration Act 2005, Veterinary Practice Act 1997, the Alcoholics and Drug-dependent Persons Act 1968, the Agricultural and Veterinary Chemicals (Control of Use) Act 1992 and the Agricultural and Veterinary Chemicals (Victoria) Act 1994.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 8
References in other Acts
8.References in other Acts
In any Act other than this Act and in any rule regulation or by-law made under any Act other than this Act-
*****
(b)a reference to a dangerous drug within the meaning of the Poisons Act 1958 which was by virtue of section 3(3) of the Poisons Act 1962 deemed to have been a reference to a specified drug within the meaning of the Poisons Act 1962 shall, notwithstanding anything in section 3(3) of that Act, be deemed to be a reference to a drug of dependence within the meaning of section 4 of this Act.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 9
Revocation of proclamation etc.
9.Revocation of proclamation etc.
(1)An Order in Council made for the purposes of this Act may be amended varied or revoked by Order in Council.
*****
(3)A proclamation made for the purposes of this Act-
(a)shall be published in the Government Gazette; and
(b)may be amended varied or revoked by proclamation published in the Government Gazette.
*****
Drugs, Poisons and Controlled Substances Act 1981
- SECT 11
Act to bind the Crown
11.Act to bind the Crown
(1)This Act shall bind the Crown in right of the State of Victoria and, so far as the legislative power of the Parliament permits, shall also bind the Crown in all its other capacities.
(2)Insofar as the Crown in any relevant capacity is bound by this Act, a reference in this Act to a person includes a reference to the Crown in that capacity.
*****
*****
_______________
Drugs, Poisons and Controlled Substances Act 1981
- PART II
PART II
POISONS AND CONTROLLED SUBSTANCES
Division 1-Classification
Drugs, Poisons and Controlled Substances Act 1981
- SECT 12
Poisons Code
12.Poisons Code
(1)The Minister may prepare a Poisons Code.
(2)The Poisons Code must contain-
(a)a Poisons List; and
(b)any provisions (including appendices) of the Commonwealth standard concerning the labelling, storing, packaging or advertising of poisons or controlled substances that the Minister considers are in a form suitable for inclusion in the Code; and
(c)any provisions (including appendices) of the Commonwealth standard relating to the interpretation of provisions included in the Code under paragraph (a) or (b).
Drugs, Poisons and Controlled Substances Act 1981
- SECT 12A
The Poisons List
12A.The Poisons List
(1)The Poisons List may contain-
(a)a list of substances that are of plant, animal or mineral origin that in the public interest should be available only from a person registered by the Chinese Medicine Registration Board of Victoria under the Health Professions Registration Act 2005 or authorised under another Act, being Schedule 1 poisons; and
(b)a list of any of the substances in Schedule 1 of the Poisons List or Schedules 2 to 9 of the Commonwealth standard or the Appendices to the Commonwealth standard that are not for general sale by retail but can only be supplied to persons specifically authorised by this Act or the Regulations, or with a permit or warrant under this Act, to obtain them; and
(c)a list of exemptions from Schedule 1 of the Poisons List or Schedules 2 to 9 of the Commonwealth standard.
*****
(3)The Poisons List may specify-
*****
(b)any substance in the list of substances that are not for general sale by retail by incorporating by reference any provisions (including appendices) in the Commonwealth standard relating to that matter, and any provision of that standard relating to the interpretation of any part of the standard so incorporated; and
(c)any substances in the list of exemptions by incorporating by reference any provisions (including appendices) in the Commonwealth standard relating to substances that are wholly or partially exempted from the standard.
(4)In this Act, a reference to a particular substance in Schedule 1 of the Poisons List or to a particular substance in Schedules 2 to 9 of the Commonwealth standard excludes that substance to the extent that it is included in the list of exemptions under subsection (1)(c).
*****
Drugs, Poisons and Controlled Substances Act 1981
- SECT 12B
Requirements for labelling and other matters
12B.Requirements for labelling and other matters
Without limiting section 12(2)(b), in determining for the purposes of that provision whether a provision of the Commonwealth standard is suitable for inclusion in the Poisons Code, the matters which the Minister may take into account include but are not limited to-
(a)whether the provision applies to the State or an individual;
(b)whether the provision is in the form of a recommendation or suggestion, rather than an obligation;
(c)whether the provision is in terms sufficiently certain to enable it to be understood and complied with.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 12C
What if the Poisons Code conflicts with the Act or regulations?
12C.What if the Poisons Code conflicts with the Act or regulations?
If there is an inconsistency between the Poisons Code and a provision of this Act or the regulations, the provision of this Act or the regulations prevails.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 12D
Incorporation of the Commonwealth standard
12D.Incorporation of the Commonwealth standard
(1)Any part of the Commonwealth standard to be incorporated by reference in the Poisons Code may be so incorporated as in force at a particular time or from time to time.
(2)To the extent that it is incorporated by reference in the Poisons Code, the Commonwealth standard forms part of that Code.
(3)Subject to subsection (4), if any part of the Commonwealth standard, as in force from time to time, is incorporated by reference in the Poisons Code the part so incorporated must be taken to include that part as amended, varied, remade or superseded from time to time.
(4)If part of the Commonwealth standard, as in force from time to time, is incorporated by reference in the Poisons Code and that part is amended, varied, remade or superseded, then until the date fixed under section 12K as the date on which the new matter takes effect the matter so incorporated must be taken not to have been so amended, varied, remade or superseded.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 12E
Amendment of Code
12E.Amendment of Code
(1)The Minister may at any time amend the Poisons Code-
(a)to correct-
(i)a clerical error or an error arising from an accidental slip or omission; or
(ii)an evident material mistake in the description of the Commonwealth standard or a provision of that standard; or
(b)if the Code incorporates a part of the Commonwealth standard as in force at a particular date-
(i)to change that date; or
(ii)to provide that the part of the Commonwealth standard is incorporated as in force from time to time; or
(c)if part of the Commonwealth standard is incorporated as in force from time to time to provide that the part is incorporated as in force at a particular time; or
(d)to alter the heading to Schedule 1 in the Poisons List so that it corresponds more closely with the heading of the appropriate Schedule in the Commonwealth standard; or
(e)if a standard is prescribed for the purpose of paragraph (b) of the definition of Commonwealth standard in section 4(1), to give effect to that new standard.
(1A)To ensure consistency with the Commonwealth standard, the Minister may at any time-
(a)amend the Poisons Code; or
(b)revoke and substitute the Poisons Code.
(1B)The Minister may, at any time, amend the Poisons Code to-
(a)specify the substances to be included in Schedule 1 in the Poisons List; and
(b) amend, revoke, substitute or insert substances in Schedule 1 in the Poisons List.
(1C)The Minister may, at any time, amend the Poisons Code to-
(a)specify the substances to be included in the Poisons List in the list of substances that are not for general sale by retail but can only be supplied to persons specifically authorised by this Act or the Regulations, or with a permit or warrant under this Act, to obtain them; and
(b)amend, revoke, substitute or insert substances in the list referred to in paragraph (a).
(1D)The Minister may, at any time, amend the Poisons Code to-
(a)specify the substances to be included in the Poisons List in the list of exemptions from Schedule 1 of the Poisons List or Schedules 2 to 9 of the Commonwealth standard; and
(b)amend, revoke, substitute or insert substances in the list of exemptions referred to in paragraph (a).
(2)The provisions of this Act applying to the preparation, notification, tabling and availability of the Poisons Code apply to an amendment to or revocation and substitution of that Code.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 12F
Status of the Poisons Code
12F.Status of the Poisons Code
(1)The Poisons Code is not a statutory rule for the purposes of the Subordinate Legislation Act 1994.
(2)The Poisons Code is a subordinate instrument for the purposes of the Interpretation of Legislation Act 1984 except section 32 of that Act.
*****
Drugs, Poisons and Controlled Substances Act 1981
- SECT 12G
Procedure for preparation of the Poisons Code
12G.Procedure for preparation of the Poisons Code
(1)As soon as possible after preparing the Poisons Code, the Minister must publish notice of its preparation in a daily newspaper circulating generally throughout Victoria.
(2)The Minister may do anything else he or she considers appropriate to bring the preparation of the Code to the attention of the public.
(3)After complying with subsections (1) and (2) the Minister must publish notices of the preparation of the Code in the Government Gazette.
(4)A notice under this section must-
(a)give a brief and general description of the content of the Code; and
(b)fix a date, being a date on or after the date of publication of the notice in the Government Gazette, on which the Code takes effect; and
(c)state where and when the Code is available for inspection by members of the public; and
(d)give details of where, when and from whom a copy of the Code can be obtained.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 12H
Tabling before Parliament
12H.Tabling before Parliament
(1)The Minister must cause a copy of the Poisons Code prepared under section 12 and of the notice of its preparation to be laid before the Legislative Council and the Legislative Assembly on or before the 7th sitting day of that House after the date of publication of that notice in the Government Gazette.
(2)If the Poisons Code incorporates by reference a part of the Commonwealth standard, the Minister must include that incorporated material in the material tabled under subsection (1).
(3)If the Poisons Code incorporates by reference a part of the Commonwealth standard as in force from time to time, and that part is amended, varied, remade or superseded, the Minister must, as the case requires-
(a)cause a copy of the amendment or variation; or
(b)cause a copy of any matter superseding or remaking the earlier matter-
to be laid before the Legislative Council and the Legislative Assembly on or before the 7th sitting day of that House after the date of publication in the Government Gazette of notice that the amendment, variation, remaking or superseding of that matter has taken effect.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 12I
Availability of Code
12I.Availability of Code
(1)The Minister must ensure that the documents listed in subsection (2) are kept available at the principal office of the Secretary and at any other appropriate public office specified by the Minister by notice published in the Government Gazette, during normal office hours, for inspection by members of the public, without charge.
(2)The documents are-
(a)the Poisons Code as amended or substituted and in force from time to time;
(b)any matter incorporated by reference in the Poisons Code and, if the Code incorporates matter as in force from time to time, that matter as amended, varied, remade or superseded and in force for the time being;
(c)if any matter is incorporated in the Code as in force from time to time, a copy of each amendment or variation of the matter;
(d)a copy of any amendment to the Code;
(e)a copy of each notice published in the Government Gazette under section 12G.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 12J
What if documents are not notified or made available?
12J.What if documents are not notified or made available?
(1)A failure to comply with section 12G, 12H or 12I does not affect the validity, operation or effect of the Poisons Code or any matter incorporated in it.
(2)Despite subsection (1), a person must not be convicted of an offence against this Act or the regulations, based on any provision in the Poisons Code if, at the time of the commission of the offence, there was, in relation to that provision, a contravention of section 12G or 12I.
(3)Despite subsection (1), a person is not prejudicially affected or made subject to any liability under this Act or the regulations based on any provision in the Poisons Code, if it is proved that, at the relevant time, in relation to that provision there was a contravention of section 12G or 12I.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 12K
Commencement of Poisons Code and incorporated materials
12K.Commencement of Poisons Code and incorporated materials
(1)The Poisons Code or an amendment to that Code takes effect on the date fixed for that purpose by notice under section 12G.
(2)If the Poisons Code incorporates by reference a part of the Commonwealth standard as in force from time to time, and that part is amended, varied, superseded or remade, the amendment, variation or superseding or remaking material takes effect on the date fixed for that purpose by notice published in the Government Gazette.
(3)On the date of commencement of material incorporated by reference in the Poisons Code that remakes or supersedes any earlier matter, that earlier matter ceases to have effect to the extent that it is part of the Code.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 12L
Evidence
12L.Evidence
A document certified in writing purporting to be signed by the Secretary and purporting to be-
(a)a copy of or an extract from the Poisons Code; or
(b)a copy of or an extract from any matter incorporated by reference in the Poisons Code; or
(c)a copy of an amendment of the Poisons Code; or
(d)a copy of or an extract from any matter amending, varying, remaking or superseding any matter incorporated by reference in the Poisons Code-
is evidence and, in the absence of evidence to the contrary, is proof of the matters stated in the document.
*****
Division 2-Authorized persons
Drugs, Poisons and Controlled Substances Act 1981
- SECT 13
Persons authorized to have possession etc. of poisons or controlled substances
13.Persons authorized to have possession etc. of poisons or controlled substances
(1)Subject to this Act and the regulations-
(a)any registered medical practitioner, pharmacist, veterinary practitioner or dentist is hereby authorized to obtain and have in his possession and to use, sell or supply any poison or controlled substance (other than a Schedule 1 poison) or drug of dependence in the lawful practice of his profession as a registered medical practitioner, pharmacist, veterinary practitioner or dentist (as the case may be); and
(b)any authorized officer is hereby authorized to obtain and have in his possession and to sell or supply any poison or controlled substance or drug of dependence in the exercise or performance of any power, function or duty conferred or imposed upon him by this Act or the regulations; and
(ba)any nurse practitioner is hereby authorised to obtain and have in his or her possession and to use, sell or supply any Schedule 2, 3, 4 or 8 poison approved by the Minister in relation to the category of nurse practitioner specified in the endorsement of that nurse practitioner's registration in the lawful practice of his or her profession as a nurse practitioner in the category for which he or she is endorsed; and
(c)any registered optometrist whose registration is endorsed under the Health Professions Registration Act 2005 is hereby authorised to obtain and have in his or her possession and to use, sell or supply any Schedule 2, 3 or 4 poison for opthalmic use that is approved by the Minister and specified in the endorsement in the lawful practice of his or her profession as a registered optometrist; and
(ca)any registered podiatrist whose registration is endorsed under the Health Professions Registration Act 2005 is hereby authorised to obtain and have in his or her possession and to use, sell or supply any Schedule 2, 3 or 4 poison approved by the Minister and specified in the endorsement in the lawful practice of his or her profession as a registered podiatrist; and
(d)any registered Chinese medicine practitioner whose registration is endorsed under the Health Professions Registration Act 2005 is hereby authorised to obtain and have in his or her possession and to use, sell or supply any Schedule 1 poison that is approved by the Minister in accordance with the endorsement in the lawful practice of his or her profession as a registered Chinese medicine practitioner; and
(e)any registered Chinese herbal dispenser whose registration is endorsed under the Health Professions Registration Act 2005 is hereby authorised to obtain and have in his or her possession and to use, sell or supply any Schedule 1 poison that is approved by the Minister in accordance with the endorsement in the lawful practice of his or her profession as a registered Chinese herbal dispenser.
(2)Subsection (1)(a) or (b) shall not be construed as authorizing a registered medical practitioner, veterinary practitioner or dentist to sell or supply any poison or controlled substance (other than a Schedule 5 poison, a Schedule 6 poison or a Schedule 7 poison that is not a Schedule 7 poison that is included in the Poisons Code in the list of substances that are not for general sale by retail) or drug of dependence by retail in an open shop unless he is licensed under this Act to do so.
(2AA)Subsection (1)(ba) shall not be construed as authorising a nurse practitioner referred to in that paragraph to sell or supply any Schedule 2, 3, 4 or 8 poison by retail in an open shop unless the nurse practitioner is licensed under this Act to do so.
(2A)Subsection (1)(c) shall not be construed as authorising a registered optometrist referred to in that paragraph to sell or supply any Schedule 2, 3 or 4 poison by retail in an open shop unless the optometrist is licensed under this Act to do so.
(2AB)Subsection (1)(ca) shall not be construed as authorising a registered podiatrist referred to in that paragraph to sell or supply any Schedule 2, 3 or 4 poison by retail in an open shop unless the podiatrist is licensed under this Act to do so.
(2B)Subsection (1)(c) applies, despite anything to the contrary in the heading to Schedule 4 contained in the Commonwealth standard.
(3)Where a pharmacist sells or supplies by wholesale to another pharmacist a poison or controlled substance or drug of dependence for use by the other pharmacist in the lawful practice of his profession as a pharmacist, the sale or supply shall for the purposes of subsection (1) be regarded as a sale or supply in the lawful practice of his profession by the first-mentioned pharmacist.
(3A)If a registered Chinese herbal dispenser sells or supplies by wholesale a Schedule 1 poison to-
<!--subsection2-->
(a)any other registered Chinese herbal dispenser in accordance with an endorsement of that other dispenser's registration under the Health Professions Registration Act 2005; or
(b)an authorised practitioner in accordance with an endorsement of the practitioner's registration-
for use by the other registered Chinese herbal dispenser or the authorised practitioner in the lawful practice of his or her profession as a registered Chinese herbal dispenser or as an authorised practitioner, the sale or supply shall for the purposes of subsection (1) be regarded as a sale or supply in the lawful practice of his or her profession by the first-mentioned registered Chinese herbal dispenser.
(4)A person is authorised to sell or supply by retail, subject to and in accordance with the regulations-
(a)any Schedule 5 poison; or
(b)any Schedule 6 poison; or
(c)any Schedule 7 poison that is not a Schedule 7 poison that is included in the Poisons Code in the list of substances that are not for general sale by retail.
(4A)A person is authorised to sell or supply by wholesale, subject to and in accordance with the regulations-
(a)any Schedule 5 poison; or
(b)any Schedule 6 poison.
(4B)A person is authorised to manufacture and sell or supply by retail, subject to and in accordance with the regulations-
(a)any Schedule 5 poison; or
(b)any Schedule 6 poison.
(4C)A person is authorised to manufacture and sell or supply by wholesale, subject to and in accordance with the regulations-
(a)any Schedule 5 poison; or
(b)any Schedule 6 poison.
(5)Despite subsection (1)(a), a registered medical practitioner or pharmacist who is-
(a)also registered as a Chinese medicine practitioner or Chinese herbal dispenser with an endorsement with respect to Schedule 1 poisons is authorised to obtain and have in his or her possession and to use, sell or supply Schedule 1 poisons in accordance with that endorsement in the lawful practice of his or her profession as a registered medical practitioner or pharmacist; or
(b)an authorised practitioner acting in accordance with an endorsement of his or her registration, is authorised to obtain and have in his or her possession and to use, sell or supply Schedule 1 poisons in the lawful practice of his or her profession as a registered medical practitioner or pharmacist.
(6)A person who is approved to carry on a pharmacy business or pharmacy depot under Part 6 of the Health Professions Registration Act 2005 is authorized to sell or supply by retail, subject to and in accordance with this Act and regulations, any poison or controlled substance or drug of dependence if the sale or supply is under the supervision of a registered pharmacist who is employed or engaged by that person to provide pharmacy services for that pharmacy business or pharmacy depot.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 13A
Chinese medicine practitioners and herbal dispensers must establish therapeutic need
13A.Chinese medicine practitioners and herbal dispensers must establish therapeutic need
(1)A registered Chinese medicine practitioner or an authorised practitioner must not administer, prescribe, sell or supply a Schedule 1 poison unless-
(a)the poison is for the therapeutic use of a person who has consulted the practitioner; and
(b)the practitioner has taken all reasonable steps to ensure that the person has a therapeutic need for the Schedule 1 poison.
Penalty: 100 penalty units.
(2)A registered Chinese herbal dispenser or an authorised practitioner must not sell or supply a Schedule 1 poison to a person unless-
(a)the sale or supply is on production of and in accordance with the original written prescription or order of a registered Chinese medicine practitioner or an authorised practitioner; and
(b)the dispenser or authorised practitioner has taken reasonable steps to ensure that the prescription or order is in accordance with any endorsement of the registration of the registered Chinese medicine practitioner or that authorised practitioner.
Penalty: 100 penalty units.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 14
Special provisions as to medical practitioners
14.Special provisions as to medical practitioners
(1)If, under the Health Professions Registration Act 2005, the Medical Practitioners Board of Victoria has imposed in relation to the practice of a registered medical practitioner conditions, limitations or restrictions including a condition, limitation or restriction prohibiting the prescription of any drug or substance or class of drugs or substances, being a poison or controlled substance or drug of dependence or poisons or controlled substances or drugs of dependence that registered medical practitioner for the purpose of this Act and the regulations shall be deemed to be not authorized to obtain and have in his possession or to use sell or supply in the lawful practice of his profession the poison or controlled substance or drug of dependence or the poisons or controlled substances or drugs of dependence to which the condition, limitation or restriction relates.
(2)If the Chinese Medicine Registration Board of Victoria continued in operation under the Health Professions Registration Act 2005 has imposed in relation to the practice of a practitioner registered under that Act a condition, limitation or restriction prohibiting the prescription, ordering or dispensing of any Schedule 1 poison, that registered practitioner for the purposes of this Act and the regulations is deemed to be not authorised to obtain and have in his or her possession or to use sell or supply in the lawful practice of his or her profession the Schedule 1 poison to which the condition, limitation or restriction relates.
(3)If the Nurses Board of Victoria continued in operation under the Health Professions Registration Act 2005 has imposed in relation to the practice of a nurse practitioner conditions, limitations or restrictions including a condition, limitation or restriction prohibiting the prescription of any drug or substance or class of drugs or substances, being a poison or controlled substance or drug of dependence or poisons or controlled substances or drugs of dependence that nurse practitioner for the purposes of this Act and the regulations is deemed to be not authorized to obtain and have in his or her possession or to use sell or supply in the lawful practice of his or her profession the poison or controlled substance or drug of dependence or the poisons or controlled substances or drugs of dependence to which the condition, limitation or restriction relates.
(4)If the Optometrists Registration Board of Victoria continued under the Health Professions Registration Act 2005 has imposed in relation to the practice of an optometrist registered under that Act a condition, limitation or restriction prohibiting the prescription, ordering or dispensing of any Schedule 2, 3 or 4 poison, that optometrist for the purposes of this Act and the regulations is deemed to be not authorised to obtain and have in his or her possession or to use sell or supply in the lawful practice of his or her profession the Schedule 2, 3 or 4 poison to which the condition, limitation or restriction relates.
(5)If the Podiatrists Registration Board of Victoria continued under the Health Professions Registration Act 2005 has imposed in relation to the practice of a podiatrist registered under that Act a condition, limitation or restriction prohibiting the prescription, ordering or dispensing of any Schedule 2, 3 or 4 poison, that podiatrist for the purposes of this Act and the regulations is deemed to be not authorised to obtain and have in his or her possession or to use sell or supply in the lawful practice of his or her profession the Schedule 2, 3 or 4 poison to which the condition, limitation or restriction relates.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 14A
Minister to approve scope of prescribing rights
14A.Minister to approve scope of prescribing rights
(1)The Minister may, by notice published in the Government Gazette, approve any Schedule 1, 2, 3, 4 or 8 poison (as the case requires) for the purposes of an authorisation referred to in section 13(1)(ba), (c), (ca), (d) or (e).
(2)An approval of the Minister may be-
(a)expressed generally for all poisons in a specified Schedule; or
(b)limited to a particular class, list or type of poison in a specified Schedule; or
(c)limited by reference to a specified form of the poison; or
(d)limited by reference to the purpose for which the poison is to be used, sold or supplied;
(e)limited by reference to any other matter specified in the approval.
(3)The Minister may grant or refuse to grant an approval under this section on the application of a responsible board continued or established under the Health Professions Registration Act 2005.
(4)The Minister may revoke an approval under this section.
Division 3-Poisons Advisory Committee
Drugs, Poisons and Controlled Substances Act 1981
- SECT 15
Establishment and membership of Poisons Advisory Committee
15.Establishment and membership of Poisons Advisory Committee
(1)There is established a committee to be called the "Poisons Advisory Committee".
(2)The Committee consists of up to 9 members appointed by the Minister of whom-
(a)one is to be the Secretary or his or her nominee who is also to be the chairperson;
(b)2 are to be registered medical practitioners of whom-
(i)one must have expertise in clinical pharmacology; and
(ii)one must have expertise in the treatment of drug dependence;
(c)2 are to be pharmacists of whom-
(i)one must have expertise in community pharmacy; and
(ii)one must have expertise in hospital pharmacy;
(d)2 are to be persons with expertise in the pharmaceutical industry of whom-
(i)one is to be from the manufacturing sector of that industry; and
(ii)one is to be from the wholesaling sector of that industry;
(e)one is to be a person with expertise in the manufacturing and distribution of poisons for non-therapeutic use;
(f)one is to be the nominee of the Chief Commissioner of Police.
(3)If the Chief Commissioner of Police fails to nominate a person under subsection (2)(f) within 1 month of receiving a request in writing from the Minister to do so, the Minister may appoint a person the Minister considers suitable to that office.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 15A
Terms and conditions of appointment
15A.Terms and conditions of appointment
(1)A member of the Committee holds office for a period not exceeding 3 years and is eligible for reappointment.
(2)The instrument of appointment of a member of the Committee may specify terms and conditions of appointment.
(3)A member of the Committee, other than a member who is an employee of the public service, is entitled to receive the fees, travelling and other allowances from time to time fixed by the Minister in respect of that member.
(4)The Public Administration Act 2004 (other than Part 3 of that Act) applies to a member of the Committee in respect of the office of member.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 15B
Resignation and removal
15B.Resignation and removal
(1)A member of the Committee may resign that office by writing signed by the member and addressed to the Minister.
(2)The Minister may at any time remove a member of the Committee from office.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 15C
Vacancies
15C.Vacancies
(1)The Minister may fill a vacancy in the office of member of the Committee however arising.
(2)An act or decision of the Committee is not invalid only because of-
(a)a vacancy in its membership; or
(b)a defect or irregularity in the appointment of any of its members.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 15D
Quorum and proceedings
15D.Quorum and proceedings
(1)A quorum of the Committee consists of at least 5 members other than co-opted members of the Committee.
(2)The chairperson must preside at a meeting of the Committee at which he or she is present.
(3)If the chairperson is not present at a meeting, the members present may elect a member to preside at the meeting.
(4)The person presiding at a meeting has a deliberative vote and, in the case of an equality of votes, a second or casting vote.
(5)The Committee must meet at least 3 times each year at the places and times appointed by the Minister or the chairperson.
(6)Subject to this Act, the Committee may regulate its own proceedings.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 15E
Co-opted members
15E.Co-opted members
(1)To assist in the consideration of a particular matter or issue, the Committee may co-opt any person as a member of the Committee.
(2)A person co-opted under this section-
(a)may only attend meetings relating to and vote on the matters or issues in relation to which he or she is co-opted; and
(b)may be removed at any time by the Committee.
(3)A person co-opted as a member of the Committee other than a person who is an employee of the public service, is entitled to receive the fees, travelling and other allowances from time to time fixed by the Minister.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 16
Sub-committees
16.Sub-committees
(1)The Committee may establish any sub-committees that it thinks necessary for the purposes of this Act.
(2)The Committee may co-opt any person with expertise in any relevant field for the purposes of a sub-committee.
(3)A person co-opted under this section-
(a)may only attend meetings relating to and vote on the matters or issues in relation to which he or she is co-opted; and
(b)may be removed at any time by the Committee.
(4)A person co-opted to a sub-committee other than a person who is an employee of the public service, is entitled to receive the fees, travelling and other allowances from time to time fixed by the Minister.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 17
Functions of the Committee
17.Functions of the Committee
(1)The functions of the Committee are-
(a)to advise the Minister and the Secretary, having regard to the interests of protecting and promoting public health, on-
(i)the availability and presentation of drugs and poisons; and
(ii)responses to issues relating to drugs and poisons; and
(b)to advise the Minister or the Secretary on any matter referred to the Committee by the Minister or the Secretary, as the case may be.
(2)The Committee must consult with a nominee of the Minister administering the Agricultural and Veterinary Chemicals (Control of Use) Act 1992 on any issue relating to agricultural and veterinary chemicals.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 18
Officers of committee
18.Officers of committee
A secretary to the committee and any employees that it is necessary and expedient to employ for carrying out the objects and purposes of this Act may be employed under Part 3 of the Public Administration Act 2004.
Division 4-Licences, permits and warrants
Drugs, Poisons and Controlled Substances Act 1981
- SECT 18A
Definitions
18A.Definitions
In this Division-
licence means a licence issued under this Division;
permit means a permit issued under this Division;
warrant means a warrant issued under this Division.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 19
Issue of licences, permits and warrants
19.Issue of licences, permits and warrants
(1)A person may apply in writing to the Secretary for the issue of a licence, permit or warrant.
(2)An application for a licence, permit or warrant must be accompanied by the appropriate prescribed fee.
(3)Subject to this Act and the regulations, the Secretary may, in his or her discretion-
(a)refuse to issue a licence, permit or warrant; or
(b)issue to a fit and proper person a licence, permit or warrant subject to such terms, conditions, limitations and restrictions as the Secretary may determine.
(4)A licence, permit or warrant under this Division relates only to the premises described in it, and no licence, permit or warrant relating to premises in more than one locality can be issued.
(5)A licence, permit or warrant cannot be issued unless the Secretary is satisfied that the applicant's premises are suitable, sanitary and adequately equipped for the manufacture, sale, supply or use of the poisons or controlled substances to which the licence, permit or warrant relates.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 20
What a licence, permit or warrant can authorise
20.What a licence, permit or warrant can authorise
(1)A licence authorises a person to do all or any of the following-
(a)manufacture and sell or supply by wholesale any Schedule 8 poison or Schedule 9 poison other than heroin;
(b)manufacture and sell or supply by wholesale any Schedule 2 poison, Schedule 3 poison, Schedule 4 poison or Schedule 7 poison;
(c)manufacture and sell or supply by retail any Schedule 7 poison (other than a Schedule 7 poison included in the Poisons Code in the list of substances that are not for general sale by retail);
(d)sell or supply by wholesale any Schedule 8 poison or Schedule 9 poison other than heroin;
(e)sell or supply by wholesale any Schedule 2 poison, Schedule 3 poison, Schedule 4 poison or Schedule 7 poison;
(f)sell or supply by retail any Schedule 2 poison;
*****
*****
(3)A permit authorises a person to purchase or otherwise obtain poisons or controlled substances for use for industrial, educational, advisory or research purposes or for the provision of health services.
(3A)A person who is the holder of a permit issued under subsection (3) authorising the person to purchase or otherwise obtain poisons or controlled substances for the provision of health services is authorised to sell or supply any poison or controlled substance to which that permit relates without obtaining a further licence to do so under this section if that sale or supply-
(a)is carried out by a person who is authorised under section 13(1)(a), (ba), (c) or (ca) to sell or supply that poison or controlled substance in the lawful practice of his or her profession; and
(b)is for the purposes of the provision of health services.
(4)A warrant authorises a person to purchase or otherwise obtain or use any regulated poison in accordance with the warrant.
(5)A person who sells or supplies by wholesale or manufactures and sells or supplies by wholesale any Schedule 1 poison is authorised to do so without obtaining a licence under this section.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 21
Duration of a licence, permit or warrant
21.Duration of a licence, permit or warrant
(1)A permit or a licence lasts 12 months from its date of issue.
(2)Despite subsection (1), a licence or permit may be issued for a shorter period to enable that licence or permit and other licences or permits held by that person to expire simultaneously.
(3)A warrant lasts until it is cancelled or suspended.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 22
Renewal of licences and permits
22.Renewal of licences and permits
(1)An application for renewal-
(a)may be made up to one month before the expiry of the current licence or permit; and
(b)must be in writing and accompanied by the appropriate prescribed fee.
(2)Subject to this Act and the regulations, on application under subsection (1), the Secretary, in his or her discretion, may renew a licence or permit.
(3)A renewed licence or permit lasts for 12 months from the date of expiry of the previous licence or permit.
(4)Despite subsection (3), a licence or permit may be renewed for a shorter period to enable that licence or permit and other licences or permits held by that person to expire simultaneously.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 22A
Amendment
22A.Amendment
(1)Applications for amendment of licences, permits or warrants must be accompanied by the appropriate prescribed fee.
(2)The Secretary may, in his or her discretion, amend any particulars, including the terms, conditions, limitations or restrictions of a licence, permit or warrant if the amendment is-
(a)in the interests of health and safety; or
(b)in the public interest; or
(c)at the request of the holder of the licence, permit or warrant.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 22B
Inspection
22B.Inspection
Before issuing, renewing or amending a licence, permit or warrant the Secretary may require the premises to which the licence, permit or warrant relates to be inspected under this Act.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 22C
Suspension or cancellation
22C.Suspension or cancellation
(1)The Secretary may suspend or cancel a licence, permit or warrant if-
(a)the holder has not complied with the terms, conditions, limitations or restrictions of the licence, permit or warrant; or
(b)the holder proves not to be a fit and proper person; or
(c)the holder has been convicted of an offence against this Act or the regulations; or
(d)the holder requests suspension or cancellation; or
(e)the holder ceases to carry on business at the premises.
(2)If a licence, permit or warrant is suspended or cancelled under subsection (1), it ceases to have effect and any document issued to the former holder of the licence, permit or warrant must be surrendered to the Secretary on demand.
Division 5-Public health emergencies
Drugs, Poisons and Controlled Substances Act 1981
- SECT 22D
When a public health emergency order may be made
22D.When a public health emergency order may be made
The Secretary may make a public health emergency order if the Secretary believes it is necessary to do so to respond to, or prevent, a public health emergency or a serious risk to public health.
Example
A public health emergency order may be made in response to, or for the purposes of preventing, an influenza pandemic or the effects of a bioterrorism incident.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 22E
Matters to be specified in a public health emergency order
22E.Matters to be specified in a public health emergency order
A public health emergency order must specify-
(a)the public health emergency or serious risk to public health to which the order relates; and
(b)if the public health emergency or serious risk to public health has occurred, the location or a description of the location where the public is affected; and
(c)the persons or class of persons who may obtain and possess, use, sell or supply the poison or controlled substance or class of poison or controlled substance specified in the order; and
(d)the poisons or controlled substances or class of poison or controlled substance to which the order relates; and
(e)the date on which the order comes into force; and
(f)the period during which the order is in force, not exceeding 6 months.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 22F
What a public health emergency order authorises
22F.What a public health emergency order authorises
(1)A public health emergency order authorises a person or class of person specified in the order to obtain and possess, use, sell or supply a specified poison or controlled substance or class of poison or controlled substance in accordance with the order.
(2)A public health emergency order authorises a person to whom a specified poison or controlled substance or class of poison or controlled substance has been sold or supplied in accordance with the order to possess and use that poison or controlled substance for the purpose for which it was sold or supplied.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 22G
Extending, amending and revoking orders
22G.Extending, amending and revoking orders
(1)The Secretary may, by subsequent order-
(a)extend or further extend the period for which a public health emergency order is in force for a period not exceeding 6 months;
(b)otherwise amend or vary a public health emergency order.
(2)The Secretary may revoke a public health emergency order by subsequent order.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 22H
Orders under this Division to be published in Government Gazette
22H.Orders under this Division to be published in Government Gazette
(1)An order made under this Division must be published in the Government Gazette.
(2)An order made under this Division comes into force on the date specified in the order or, if no date is specified, on the date of its publication in the Government Gazette.
*****
*****
Division 8-Manufacture and sale of poisons or controlled substances
Drugs, Poisons and Controlled Substances Act 1981
- SECT 23
Manufacture, sale and supply of poisons or controlled substances by wholesale
23.Manufacture, sale and supply of poisons or controlled substances by wholesale
(1)A person must not manufacture and sell or supply by wholesale any poison or controlled substance unless he or she is authorised by or licensed under this Act to do so.
(2)A person must not sell or supply by wholesale any poison or controlled substance unless he or she is authorised by or licensed under this Act to do so.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 24
Wholesaling of certain poisons
24.Wholesaling of certain poisons
A person must not sell or supply by wholesale any poison or controlled substance (other than a Schedule 1 poison, a Schedule 5 poison, a Schedule 6 poison or a Schedule 7 poison that is not a Schedule 7 poison that is included in the Poisons Code in the list of substances that are not for general sale by retail) to any person who is not expressly authorised by this Act or the Regulations, or by a licence, permit or warrant under this Act, to obtain that substance by wholesale.
*****
Drugs, Poisons and Controlled Substances Act 1981
- SECT 26
Retailing of poisons or controlled substances
26.Retailing of poisons or controlled substances
(1)A wholesale dealer must not sell or supply by retail any poison or controlled substance (other than a Schedule 5 poison, a Schedule 6 poison or a Schedule 7 poison that is not a Schedule 7 poison that is included in the Poisons Code in the list of substances that are not for general sale by retail) unless he or she is authorised by or licensed under this Act to do so.
(2)A person must not manufacture and sell or supply by retail any poison or controlled substance unless he or she is authorised by or licensed under this Act to do so.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 27
Sale of poisons or controlled substances by persons other than manufacturers etc.
27.Sale of poisons or controlled substances by persons other than manufacturers etc.
A person (not being a manufacturer or wholesale dealer) shall not sell or supply any poison or controlled substance (other than a Schedule 5 poison, a Schedule 6 poison or a Schedule 7 poison that is not a Schedule 7 poison that is included in the Poisons Code in the list of substances that are not for general sale by retail) unless he is authorized by or licensed under this Act so to do.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 27A
Offences concerning labelling and other matters
27A.Offences concerning labelling and other matters
(1)A person must not sell or supply a poison or controlled substance with a label that does not comply with the requirements of-
(a)in the case of a Schedule 1 poison, the Poisons Code; or
(b)in the case of any other poison or controlled substance, the Commonwealth standard.
Penalty: 20 penalty units.
(1A)A person must not sell or supply a poison or controlled substance in a container that does not comply with the requirements of-
(a)in the case of a Schedule 1 poison, the Poisons Code; or
(b)in the case of any other poison or controlled substance, the Commonwealth standard.
Penalty: 20 penalty units.
(2)A person must not sell or supply a Schedule 1 poison-
(a)which the person has stored or packaged otherwise than in accordance with the Poisons Code; or
(b)which the person knows to have been stored or packaged otherwise than in accordance with the Poisons Code.
Penalty: 20 penalty units.
(2A)A person must not sell or supply a poison or controlled substance (other than a Schedule 1 poison)-
(a)which the person has stored or packaged otherwise than in accordance with the Commonwealth standard; or
(b)which the person knows to have been stored or packaged otherwise than in accordance with the Commonwealth standard.
Penalty: 20 penalty units.
(3)A person must not advertise for sale or supply a Schedule 1 poison otherwise than in accordance with the Poisons Code.
Penalty: 20 penalty units.
(3A)A person must not advertise for sale or supply a poison or controlled substance (other than a Schedule 1 poison) otherwise than in accordance with the Commonwealth standard.
Penalty: 20 penalty units.
(4)Nothing in this section applies to a Schedule 1 poison that is sold or supplied by-
(a)a registered Chinese medicine practitioner or registered Chinese herbal dispenser in accordance with the endorsement of that person's registration under the Health Professions Registration Act 2005; or
(b)an authorised practitioner acting in accordance with an endorsement of that practitioner's registration.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 28
House to house sale of poisons or controlled substances prohibited
28.House to house sale of poisons or controlled substances prohibited
(1)A person shall not-
(a)sell or supply in any street or from house to house; or
(b)hawk or peddle, or distribute or cause to be distributed as samples, in any street or public place or from house to house-
any poison or controlled substance.
(2)A person shall not purchase or accept or offer to purchase or accept any poison or controlled substance offered for sale or hawked or peddled pursuant to subsection (1).
Penalty: Two years imprisonment or 50 penalty units.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 29
Sale of substances in unauthorised containers
29.Sale of substances in unauthorised containers
(1)A person shall not sell or supply any drug or medicine which is for internal use or any food drink or condiment in a container-
(a)of the like description to that prescribed by the regulations for a container in which any poison or controlled substance intended for external use may be sold; or
(b)of such a description as not to be readily distinguishable by sight and touch or by either sight or touch from a container in which a poison or controlled substance intended for external use may be sold.
(2)Nothing in this section shall affect any other requirements of this Act, the Commonwealth standard, the Poisons Code or the regulations with respect to the containers in which drugs or medicines which are or contain poisons or controlled substances may be sold.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 30
Vending machines for poisons or controlled substances
30.Vending machines for poisons or controlled substances
(1)A person shall not-
(a)whether on or about his premises or elsewhere-
(i)install any automatic machine for the sale or supply of any poison or controlled substance; or
(ii)sell or supply any poison or controlled substance by means of any automatic machine;
(b)allow permit or suffer any such automatic machine for the sale or supply of any poison or controlled substance to be installed on his premises;
(c)place or allow permit or suffer to be placed any poison or controlled substance in any automatic machine on his premises or under his control; or
(d)allow permit or suffer any person to purchase or be supplied with or otherwise obtain any poison or controlled substance by means of any automatic machine on the premises or under the control of the first-mentioned person.
(2)Any person who commits any contravention of or fails to comply with any provisions of this section shall be guilty of an offence against this Act and shall for every such offence be liable to a penalty of not more than 10 penalty units or to imprisonment for a term of not more than six months, and to a further penalty of not less than 1 penalty unit and not more than 21/2 penalty units for each day on which any offence under this section is continued after conviction by any court.
(3)Any automatic machine in respect of which any person is convicted of any offence against the provisions of this section may in the discretion of the court before which proceedings are taken for such offence be forfeited to Her Majesty.
*****
Division 10-Drugs of dependence, Schedule 8 poisons, Schedule 9 poisons and Schedule 4 poisons
Subdivision 1-Introductory matters and records
Drugs, Poisons and Controlled Substances Act 1981
- SECT 31
Definitions
31.Definitions
(1)In this Division-
hospital means-
(a)a public hospital within meaning of the Health Services Act 1988;
(b)a denominational hospital within the meaning of that Act;
(c)a private hospital within the meaning of that Act-
but does not include a day procedure centre within the meaning of that Act;
multiple-practitioner clinic means a clinic where more than one registered medical practitioner or nurse practitioner practises or is employed;
notification of drug-dependent person means notification required under section 33;
prison has the same meaning as it has in the Corrections Act 1986;
Schedule 8 permit means a permit to administer, supply or prescribe a Schedule 8 poison issued by the Secretary under section 34A;
Schedule 9 permit means a permit to administer, supply or prescribe a Schedule 9 poison issued by the Secretary under section 33B.
(2)For the purposes of this Division, a registered medical practitioner or a nurse practitioner administers, supplies or prescribes a Schedule 8 poison to a patient for a continuous period if the practitioner-
(a)actually administers, supplies or prescribes that Schedule 8 poison for that period; or
(b)supplies a quantity or quantities of a Schedule 8 poison to the patient and instructs the patient to take the drug for that period; or
(c)prescribes for the patient a quantity or quantities of a Schedule 8 poison which, if taken in accordance with the prescription, would be taken for that period.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 32
Record keeping in relation to sale or supply of drugs of addiction
32.Record keeping in relation to sale or supply of drugs of addiction
(1)A person who is licensed under this Part to manufacture, sell, supply or distribute any Schedule 8 poison or Schedule 9 poison must record or cause to be recorded, in accordance with subsection (2)-
(a)details of any Schedule 8 poison or Schedule 9 poison obtained by the person; and
(b)quantities of those poisons used, sold, supplied or otherwise disposed of; and
(c)such other particulars as are prescribed.
Penalty: 60 penalty units.
(2)For the purposes of subsection (1), the record kept must be recorded-
(a)by printing or writing in a legible form in the English language; or
(b)in an electronic form that is readily convertible into legible print in the English language.
Subdivision 2-Notification of drug-dependent person
Drugs, Poisons and Controlled Substances Act 1981
- SECT 33
Notification of drug-dependent person
33.Notification of drug-dependent person
(1)A registered medical practitioner who has reason to believe that one of his or her patients is a drug-dependent person must give a notification of drug-dependent person to the Secretary if-
(a)the patient requests or seeks prescription of a Schedule 9 poison; or
(b)the practitioner intends to treat or is treating the patient with a Schedule 9 poison.
(2)A registered medical practitioner must give a notification of drug-dependent person required under subsection (1) as soon as practicable.
Penalty: 100 penalty units.
(3)A registered medical practitioner or a nurse practitioner who has reason to believe that one of his or her patients is a drug-dependent person must give a notification of drug-dependent person to the Secretary if-
(a)the patient requests or seeks prescription of a Schedule 8 poison or a Schedule 4 poison which is also a drug of dependence; or
(b)the practitioner intends to treat or is treating the patient with a Schedule 8 poison or a Schedule 4 poison which is also a drug of dependence.
(4)A registered medical practitioner or a nurse practitioner (as the case requires) must give a notification of drug-dependent person required under subsection (3) as soon as practicable.
Penalty: 100 penalty units.
(5)A notification of drug-dependent person must be in the prescribed form.
Subdivision 3-Schedule 9 poisons
Drugs, Poisons and Controlled Substances Act 1981
- SECT 33A
Application for permit to administer, supply or prescribe Schedule 9 poisons
33A.Application for permit to administer, supply or prescribe Schedule 9 poisons
(1)A registered medical practitioner who considers it is necessary to administer, supply or prescribe a Schedule 9 poison to or for one of his or her patients must apply to the Secretary for a Schedule 9 permit before administering, supplying or prescribing the Schedule 9 poison.
(2)An application for a Schedule 9 permit must be in the prescribed form.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 33B
Schedule 9 permit
33B.Schedule 9 permit
(1)On receiving an application under section 33A, the Secretary may issue a permit to a registered medical practitioner authorising the registered medical practitioner to administer, supply or prescribe a Schedule 9 poison to or for a person.
(2)A Schedule 9 permit-
(a)must be in the prescribed form; and
(b)may contain any terms and conditions that the Secretary considers appropriate for the administration, supply or prescription of the Schedule 9 poison.
(3)The Secretary may at any time amend, suspend or revoke a Schedule 9 permit and any permit which is suspended or revoked ceases to have effect.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 33C
Offence not to comply with Schedule 9 permit
33C.Offence not to comply with Schedule 9 permit
A registered medical practitioner issued with a Schedule 9 permit must not administer, supply or prescribe a Schedule 9 poison to or for one of his or her patients-
(a)other than for the period specified in the permit for that administration, supply or prescription; or
(b)in excess of the quantity specified in the permit.
Penalty: 100 penalty units.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 33D
Offence to administer Schedule 9 poisons without permit
33D.Offence to administer Schedule 9 poisons without permit
A registered medical practitioner must not at any time administer, supply or prescribe a Schedule 9 poison to or for a person unless the practitioner-
(a)holds a Schedule 9 permit for that administration, supply or prescription to or for that person; or
(b)is otherwise authorised by or under this Act to do so.
Penalty: 100 penalty units.
Subdivision 4-Schedule 8 poisons
Drugs, Poisons and Controlled Substances Act 1981
- SECT 34
Requirement to apply for Schedule 8 permit
34.Requirement to apply for Schedule 8 permit
(1)A registered medical practitioner or a nurse practitioner who considers it is necessary to administer, supply or prescribe a Schedule 8 poison to or for one of his or her patients who is a drug-dependent person must apply to the Secretary for a Schedule 8 permit.
(2)Subject to subsection (3), a registered medical practitioner or a nurse practitioner who considers it is necessary to administer, supply or prescribe a Schedule 8 poison for a continuous period greater than 8 weeks to or for one of his or her patients who is not a drug-dependent person must apply to the Secretary for a Schedule 8 permit.
(3)A registered medical practitioner or a nurse practitioner must apply to the Secretary for a Schedule 8 permit if-
(a)the practitioner-
(i)has reason to believe that one of his or her patients who is not a drug-dependent person has been, or is currently being, administered, supplied or prescribed a Schedule 8 poison by one or more other practitioners; and
(ii)considers it is necessary to administer, supply or prescribe a Schedule 8 poison to or for that patient; and
(b)the total period of administration, supply or prescription of a Schedule 8 poison to that patient would be a continuous period greater than 8 weeks, taking into account any period of administration, supply or prescription referred to in paragraph (a)(i) together with the period of administration, supply or prescription of a Schedule 8 poison to or for that patient by the practitioner.
(4)An application for a Schedule 8 permit must be in the prescribed form.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 34A
Schedule 8 permit
34A.Schedule 8 permit
(1)On receiving an application under section 34, the Secretary may issue a permit to a registered medical practitioner or a nurse practitioner authorising the practitioner-
(a)to administer, supply or prescribe a Schedule 8 poison to or for a drug-dependent person; or
(b)to administer, supply or prescribe a Schedule 8 poison to or for a person other than a drug-dependent person for a continuous period greater than 8 weeks.
(2)A Schedule 8 permit must be in the prescribed form.
(3)The Secretary may at any time amend, suspend or revoke a Schedule 8 permit and any permit which is suspended or revoked ceases to have effect.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 34B
Offence to administer etc. Schedule 8 poisons to drug-dependent person
34B.Offence to administer etc. Schedule 8 poisons to drug-dependent person
A registered medical practitioner or a nurse practitioner must not at any time administer, supply or prescribe a Schedule 8 poison to or for a person he or she has reason to believe to be a drug-dependent person unless the practitioner-
(a)holds a Schedule 8 permit for that administration, supply or prescription to or for that person; or
(b)is otherwise authorised by or under this Act to do so.
Penalty: 100 penalty units.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 34C
Offence to administer etc. Schedule 8 poisons to person who is not a drug-dependent person
34C.Offence to administer etc. Schedule 8 poisons to person who is not a drug-dependent person
(1)A registered medical practitioner or a nurse practitioner must not administer, supply or prescribe a Schedule 8 poison to or for a person who is not a drug-dependent person for a continuous period greater than 8 weeks unless the practitioner-
(a)holds a Schedule 8 permit for that administration, supply or prescription to or for that person; or
(b)is otherwise authorised by or under this Act to do so.
Penalty: 100 penalty units.
(2)Subject to subsection (3), unless otherwise authorised by or under this Act to do so, a registered medical practitioner or a nurse practitioner must not administer, supply or prescribe a Schedule 8 poison to or for a person who is not a drug-dependent person without a Schedule 8 permit if the total period of administration, supply or prescription of the Schedule 8 poison to or for that person would be a continuous period greater than 8 weeks, taking into account the total of-
(a)any period of administration, supply or prescription of a Schedule 8 poison to or for that person that the practitioner has reason to believe has been, or is currently being, administered, supplied or prescribed by one or more other practitioners; and
(b)the period of administration, supply or prescription of a Schedule 8 poison to or for that patient by the practitioner.
Penalty: 100 penalty units.
(3)A registered medical practitioner or a nurse practitioner who has applied for a Schedule 8 permit under section 34(3) is authorised to administer, supply or prescribe a Schedule 8 poison to or for a person who is not a drug-dependent person in respect of whom the application relates without a Schedule 8 permit for the purposes of ensuring continuity of that person's treatment until-
(a)the Schedule 8 permit is issued; or
(b)the Secretary refuses to issue the permit.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 34D
Exception to Schedule 8 permit requirement-specified medical conditions
34D.Exception to Schedule 8 permit requirement-specified medical conditions
Despite section 34C(1), a registered medical practitioner or a nurse practitioner is authorised to administer, supply or prescribe a Schedule 8 poison to or for a person who is not a drug-dependent person during a continuous period greater than 8 weeks without a Schedule 8 permit if-
(a)the administration, supply or prescription of that Schedule 8 poison is to treat that person for a medical condition in the circumstances (if any) specified by the Secretary in accordance with section 35A; and
(b)the registered medical practitioner or the nurse practitioner has given written notice of that administration, supply or prescription to the Secretary.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 34E
Exceptions to Schedule 8 permit requirement-multiple practitioners at medical clinic
34E.Exceptions to Schedule 8 permit requirement-multiple practitioners at medical clinic
(1)Despite section 34B, a registered medical practitioner or a nurse practitioner at a multiple-practitioner clinic is authorised to administer, supply or prescribe a Schedule 8 poison to or for a drug-dependent person without a Schedule 8 permit if-
(a)the treatment is provided at the multiple-practitioner clinic; and
(b)a Schedule 8 permit has been issued to another registered medical practitioner or another nurse practitioner at that multiple-practitioner clinic to administer, supply or prescribe the Schedule 8 poison to or for that drug-dependent person; and
(c)the administration, supply or prescription of the Schedule 8 poison is carried out in accordance with that permit.
(2)Despite section 34C(1), a registered medical practitioner or a nurse practitioner at a multiple-practitioner clinic is authorised to administer, supply or prescribe a Schedule 8 poison to or for a person who is not a drug-dependent person during a continuous period greater than 8 weeks without a Schedule 8 permit if-
(a)the treatment is provided at the multiple-practitioner clinic; and
(b)a Schedule 8 permit has been issued to another registered medical practitioner or another nurse practitioner at that multiple-practitioner clinic to administer, supply or prescribe the Schedule 8 poison to or for that person; and
(c)the administration, supply or prescription of the Schedule 8 poison is carried out in accordance with that permit.
(3)Despite section 34C(2), a registered medical practitioner or a nurse practitioner at a multiple practitioner clinic is authorised to administer, supply or prescribe a Schedule 8 poison to or for a person who is not a drug-dependent person without a Schedule 8 permit in the circumstances set out in section 34C(2) if-
(a)the treatment is provided at the multiple-practitioner clinic; and
(b)a Schedule 8 permit has been issued to another registered medical practitioner or another nurse practitioner at that multiple-practitioner clinic to administer, supply or prescribe the Schedule 8 poison to or for that person; and
(c)the administration, supply or prescription of the Schedule 8 poison is carried out in accordance with that permit.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 34F
Exception to Schedule 8 permit requirement-patients in prisons, aged care services and hospitals
34F.Exception to Schedule 8 permit requirement-patients in prisons, aged care services and hospitals
Despite sections 34B and 34C, a registered medical practitioner or a nurse practitioner is authorised to administer, supply or prescribe a Schedule 8 poison to or for a person without a Schedule 8 permit if that person is-
(a)a prisoner being treated in a prison for the period in prison and a period not exceeding 7 days after that prisoner's release from custody; or
(b)a resident being treated in an aged care service; or
(c)an in-patient being treated in a hospital.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 35
Offence not to comply with Schedule 8 permit
35.Offence not to comply with Schedule 8 permit
A registered medical practitioner or a nurse practitioner must not administer, supply or prescribe a Schedule 8 poison to or for one of his or her patients in respect of whom a Schedule 8 permit has been issued-
(a)other than for the period specified in the permit for that administration, supply or prescription; or
(b)in excess of the quantity specified in the permit.
Penalty: 100 penalty units.
Subdivision 5-General
Drugs, Poisons and Controlled Substances Act 1981
- SECT 35A
Secretary may specify medical conditions
35A.Secretary may specify medical conditions
(1)The Secretary, by notice published in the Government Gazette, may specify-
(a)any medical condition to be a medical condition for the purposes of section 34D; and
(b)the circumstances (if any) applicable to that medical condition for the purposes of that section.
(2)The Secretary, by notice published in the Government Gazette-
(a)may amend a notice made under subsection (1) by-
(i)adding or removing a medical condition or amending the name of a medical condition; or
(ii)adding or removing the circumstances which apply to a medical condition or amending the circumstances which apply to a medical condition; or
(b)may revoke a notice made under subsection (1).
Drugs, Poisons and Controlled Substances Act 1981
- SECT 35B
Composite forms
35B.Composite forms
For the purposes of this Division-
(a)the regulations may prescribe a composite form which incorporates all or any of the prescribed forms required by sections 33, 33A and 34; and
(b)a composite form is to be taken to be the prescribed form under each of the sections referred to in the form.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 36
Obligations of pharmacists in relation to dispensing of drugs
36.Obligations of pharmacists in relation to dispensing of drugs
Every pharmacist who is called upon to dispense for any person greater quantities of or more frequently than appears to be reasonably necessary any drug of dependence Schedule 8 poison, Schedule 9 poison or Schedule 4 poison shall forthwith report the matter to the Secretary.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 36A
Forgery
36A.Forgery
A person shall not forge or fraudulently alter or utter knowing it to be forged or fraudulently altered, a prescription or order for a Schedule 8 poison, Schedule 9 poison or Schedule 4 poison (not being a drug of dependence).
Penalty: 10 penalty units.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 36B
Unauthorized possession etc. of poison or controlled substance etc.
36B.Unauthorized possession etc. of poison or controlled substance etc.
(1)A person shall not knowingly by false representation, whether oral or in writing or by conduct-
(a)obtain a Schedule 8 poison, Schedule 9 poison or Schedule 4 poison from a person authorized by or licensed under this Act or the regulations to possess, manufacture, sell or supply the Schedule 8 poison, Schedule 9 poison or Schedule 4 poison;
(b)obtain a prescription or order for a Schedule 8 poison, Schedule 9 poison or Schedule 4 poison from a registered medical practitioner, registered optometrist, dentist, pharmacist or veterinary practitioner or a person authorized by this Act or the regulations to issue or possess the prescription or order;
(c)cause or induce a registered medical practitioner to administer a Schedule 8 poison, Schedule 9 poison or Schedule 4 poison to him by injection or otherwise; or
(d)cause or induce a pharmacist or a person authorized by this Act or the regulations to supply a Schedule 8 poison, Schedule 9 poison or Schedule 4 poison, to dispense a prescription or order for that Schedule 8 poison, Schedule 9 poison or Schedule 4 poison, if the first-mentioned person knows the prescription or order to have been obtained in contravention of this Act or the regulations.
Penalty: 10 penalty units.
(2)A person shall not have in his possession a Schedule 8 poison, Schedule 9 poison or Schedule 4 poison unless he is authorized by or licensed under this Act or the regulations to do so.
Penalty: 10 penalty units.
(3)In this section a reference to a Schedule 8 poison, Schedule 9 poison or Schedule 4 poison does not include a reference to a drug of dependence.
Division 10A-Administration of medication in aged care services
Drugs, Poisons and Controlled Substances Act 1981
- SECT 36C
Effect of this Division
36C.Effect of this Division
Nothing in this Division affects any other requirement in this Act or the Regulations in respect of the administration of a drug of dependence, a Schedule 9 poison, a Schedule 8 poison or a Schedule 4 poison.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 36D
Definitions
36D.Definitions
In this Division-
approved provider has the same meaning as it has in the Aged Care Act 1997 of the Commonwealth;
high level residential care has the same meaning as it has in the Aged Care Act 1997 of the Commonwealth;
nurse means a person registered in division 1, division 3 or division 4 of the register of nurses established under the Nurses Act 1993;
Nurses Board of Victoria means the Board established under Part 6 of the Nurses Act 1993.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 36E
Administration of drugs of dependence, Schedule 9 poisons, Schedule 8 poisons and Schedule 4 poisons in aged care services
36E.Administration of drugs of dependence, Schedule 9 poisons, Schedule 8 poisons and Schedule 4 poisons in aged care services
A person who is an approved provider of an aged care service must ensure that a nurse manages the administration of any drug of dependence, Schedule 9 poison, Schedule 8 poison or Schedule 4 poison to a resident in an aged care service-
(a)who is receiving high level residential care; and
(b)for whom that drug or poison has been supplied on prescription.
Penalty: In the case of a natural person, 120 penalty units;
In the case of a body corporate, 600 penalty units.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 36F
Nurse to have regard to code for guidance
36F.Nurse to have regard to code for guidance
A nurse who manages the administration of any drug of dependence, Schedule 9 poison, Schedule 8 poison or Schedule 4 poison to a resident in an aged care service in accordance with this Division must do so in accordance with the relevant code for guidance (if any) issued by the Nurses Board of Victoria under the Nurses Act 1993.
Division 11-Appeals
Drugs, Poisons and Controlled Substances Act 1981
- SECT 37
Appeals
37.Appeals
(1)Any person who feels aggrieved by any refusal of the Secretary to issue or renew any licence or permit or by any order of the Secretary cancelling suspending or revoking any licence or permit may appeal therefrom to the Magistrates' Court within six months after the refusal cancellation suspension or revocation.
(2)The Court shall entertain inquire into and decide upon the appeal and its decision shall, save as provided by the Administrative Law Act 1978, be final and conclusive.
Division 12-Sale of poisons book
Drugs, Poisons and Controlled Substances Act 1981
- SECT 38
Record of sale of poisons
38.Record of sale of poisons
A person who sells or supplies by retail any Schedule 7 poison must keep an accurate record of the sale or supply, setting out the following details-
(a)the name and address of the person who purchases or obtains the poison or controlled substance;
(b)the date of sale or supply;
(c)the name and quantity of the poison or controlled substance purchased or obtained.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 38A
Authorised possession of certain poisons
38A.Authorised possession of certain poisons
A person who purchases or obtains a poison or controlled substance to which section 38 applies and which is supplied to the person in accordance with that section and section 40 is authorised by this Act to purchase or obtain and to possess the poison or controlled substance so supplied.
*****
Drugs, Poisons and Controlled Substances Act 1981
- SECT 40
Sale or supply of poisons or controlled substances to persons under age
40.Sale or supply of poisons or controlled substances to persons under age
A person shall not sell or supply any Schedule 7 poison to a person who is under the age of 18 years.
Division 13-Authorized officers
Drugs, Poisons and Controlled Substances Act 1981
- SECT 41
Secretary may authorize person to carry out functions of authorized officer
41.Secretary may authorize person to carry out functions of authorized officer
(1)For the purposes of this Act, the Secretary may in writing authorize either generally or in any particular case, any of the following persons to exercise and perform the powers, duties and functions of an authorised officer under this Act and the regulations-
(a)any employee in the public service;
*****
(c)any officer or employee of a public statutory authority;
(d)any member of staff of a municipal council.
(2)An authority under subsection (1) may be expressed to be in force for a period specified in the authority or may be given for an indefinite period.
(3)The Secretary may in writing revoke or vary an authority given under subsection (1).
(4)A person may be an authorized officer for the purposes of this Act in conjunction with being employed in the public service or a public statutory authority or a member of staff of a municipal council.
*****
Drugs, Poisons and Controlled Substances Act 1981
- SECT 42
Inspections
42.Inspections
(1)For the purpose of ascertaining whether the provisions of this Act and the regulations are being complied with any authorized officer may with such assistance as he thinks necessary at any reasonable time-
(a)enter upon any premises occupied by any person licensed or otherwise authorized by or under this Act to have in his possession any poison or controlled substance;
(b)examine any room or part of such premises and any goods or records therein;
(c)take an account of any poisons or controlled substances therein;
(d)on payment or tender of a reasonable price demand select and obtain any sample of any poison or controlled substance which is in or on those premises;
(e)seize any poison or controlled substance or any other substance or any document which is in or on those premises with respect to which he has reasonable grounds for believing there has been a contravention of this Act; and
(f)detain or remove to some suitable place any poison or controlled substance or other substance or document so seized.
(2)Every person who-
(a)refuses or fails to admit any authorized officer demanding to enter in pursuance of the provisions of this section;
(b)refuses to permit any authorized officer to select or obtain any sample in pursuance of the provisions of this section; or
(c)obstructs or delays any authorized officer in the discharge of his duty or causes or permits any authorized officer to be so obstructed or delayed-
shall be guilty of an offence against this Act.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 43
Duties of officers in relation to seized substances
43.Duties of officers in relation to seized substances
(1)Where any poison or controlled substance or other substance or document is seized by an authorized officer pursuant to this Part, the authorized officer shall forthwith-
(a)give notice of the seizure in the prescribed form to the person apparently in charge thereof; or
(b)if there is no person apparently in charge thereof, give notice of the seizure to any person appearing to be the consignor or owner thereof by any name and address attached thereto or to any package containing the poison or controlled substance or the other substance or document if the address is a place in Victoria and otherwise to the importer or consignee or his agent.
(2)Any person claiming any poison or controlled substance or other substance or document seized under this part may within 96 hours after the seizure complain of the seizure by giving notice verified by statutory declaration of the complaint in the prescribed form to the registrar at the proper venue of the Magistrates' Court and a copy of the notice and the statutory declaration to the authorized officer responsible for the seizure.
(3)The complaint shall be determined by the Magistrates' Court which (after hearing the evidence) may either confirm or disallow the seizure wholly or in part and make an order accordingly.
(4)If no complaint is made or if the seizure is confirmed each poison or controlled substance or other substance or document shall thereupon become the property of the Crown and may be destroyed or disposed of as the Minister directs.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 44
Persons who are liable for contravention of Act
44.Persons who are liable for contravention of Act
(1)Where there is sold or supplied to any authorized officer in an unopened package any poison or controlled substance in connexion with the sale or supply of which there is a contravention of or failure to comply with any of the provisions of this Act or the regulations each of the following persons shall, in addition to the person who actually sold or supplied the package to the authorized officer, be liable in respect of the contravention or failure, namely-
(a)if there is a label on or attached to the package-any person who appears from the label to have manufactured or prepared the poison or controlled substance or to have imported the poison or controlled substance into Victoria or to have enclosed or caused the poison or controlled substance to be enclosed in the package or to have been the wholesale dealer in the poison or controlled substance; or
(b)if there is no label on or attached to the package or if there is a label on or attached to the package but the label does not disclose any of the particulars referred to in paragraph (a) any person who has previously sold or supplied the unopened package.
(2)Any person to whom the provisions of subsection (1) applies shall be deemed to have sold or supplied the unopened package to the authorized officer as on the day and at the place where he purchased the package and shall be liable to the same penalty as if he had actually sold or supplied the unopened package to the authorized officer on that day and at that place.
(3)It shall be a good defence to any prosecution brought under the provisions of this section if the person charged shows-
(a)that the contravention or non-compliance is due to the act or default of some subsequent seller or supplier;
(b)that the contravention or non-compliance is due to deterioration or other causes beyond the control of the person so charged;
(c)where there is a label on or attached to the package, that he did not in fact attach the label or cause the label to be attached or enclose the poison or controlled substance in the package or cause the poison or controlled substance to be enclosed; or
(d)where there is no label on the package or attached thereto that he purchased or obtained the poison or controlled substance already enclosed in a package from some other person and sold or supplied the package in the condition in which he received it.
(4)Nothing in this section shall affect the liability of any person selling or supplying an unopened package containing a poison or controlled substance to an authorized officer with respect to any contravention or non-compliance due to his default or to other causes within his control; and the conviction of any person under the foregoing provisions of this section shall not exonerate the person selling or supplying the unopened package or any other person from liability with respect to that contravention or non-compliance.
(5)Without affecting the generality of the application of this or any other provision of this Act to firms or their members, where a firm appears from a label on or attached to a package containing a poison or controlled substance to have imported manufactured or prepared the poison or controlled substance or to have been the wholesale dealer in the poison or controlled substance or to have enclosed the poison or controlled substance in a package-
(a)proceedings under this section may be taken (whether in the Magistrates' Court or otherwise) and penalties recovered accordingly against any member or members of the firm; and
(b)this section shall be read and construed and have effect as if the name or names of the member or members of the firm had appeared on the label.
Division 13A-Authorised Police Employees
Drugs, Poisons and Controlled Substances Act 1981
- SECT 44A
Chief Commissioner may authorise person to carry out functions of authorised police employee
44A.Chief Commissioner may authorise person to carry out functions of authorised police employee
(1)For the purposes of this Act, the Chief Commissioner of Police may in writing authorise, either generally or in a particular case, a person or a class of person employed under Part 3 of the Public Administration Act 2004 in the office of the Chief Commissioner of Police to perform the powers, duties and functions of an authorised police employee under this Division.
(2)An authority under sub-section (1)-
(a)may be expressed to be in force for a period specified in the authority;
(b)may be expressed to be in force for an indefinite period;
(c)may apply generally or in a particular case.
(3)The Chief Commissioner of Police may in writing revoke or vary an authority under sub-section (1).
Drugs, Poisons and Controlled Substances Act 1981
- SECT 44B
Powers, duties and functions of authorised police employee
44B.Powers, duties and functions of authorised police employee
For the purpose of assisting an authorized officer in the performance of the authorized officer's powers, duties and functions under this Act or the regulations, an authorised police employee may do all or any of the following in relation to any Schedule 9 poison, Schedule 8 poison or Schedule 4 poison or any drug of dependence-
(a)receive, handle or store the poison or drug;
(b)transfer, transport or deliver the poison or drug;
(c)examine or analyse the poison or drug;
(d)destroy the poison or drug.
Division 14-Offences
Drugs, Poisons and Controlled Substances Act 1981
- SECT 45
Time within which information to be laid
45.Time within which information to be laid
A charge for an offence against any of the provisions of this Act or the regulations (not being an indictable offence, whether or not that offence is capable of being determined summarily) shall be filed within three years from the time when the matter of the charge occurs and not afterwards.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 46
Offences
46.Offences
Except insofar as it is otherwise by this Act expressly enacted every person who-
(a)contravenes or fails to comply with any of the provisions of this Part;
(b)contravenes or fails to comply with any condition limitation or restriction to which any licence warrant or permit issued under this Part is subject;
(c)purchases or obtains any poison or controlled substance and gives false information in answer to inquiries required by or under this Act to be made by the seller or supplier; or
(d)signs his name as a witness to the sale or supply of a poison or controlled substance to a person unknown to him-
shall be guilty of an offence against this Act.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 47
Maximum sentence etc.
47.Maximum sentence etc.
Notwithstanding anything to the contrary in this Act a person shall not on conviction for any offence of contravening or failing to comply with the regulations relating to-
(a)the keeping of books; or
(b)the issuing or dispensing of prescriptions containing substances or preparations to which this Part applies-
be sentenced to imprisonment or to pay a penalty of more than 5 penalty units if the court dealing with the case is satisfied that the offence was committed through inadvertence and was not preparatory to or committed in the course of or in connexion with the commission or intended commission of any other offence against this Act.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 48
Offence to receive certain moneys etc.
48.Offence to receive certain moneys etc.
Where for or in connexion with the manufacture sale or supply of a poison or controlled substance in contravention of this Act a person is proved to have in his possession or to have received money or any other valuable thing the person shall be deemed to have sold or supplied that poison or controlled substance in contravention of this Act unless the court hearing the matter is satisfied to the contrary.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 49
Obtaining licence by fraud
49.Obtaining licence by fraud
Any person who for the purpose of obtaining for himself or for any other person the issue grant or renewal of a licence warrant or permit under this Act or an authority under Part IVA of this Act makes any declaration or statement which is false in any material particular or knowingly utters produces or makes use of a declaration or statement which is false in any material particular or a document which contains a declaration or statement that is false in any material particular shall be guilty of an offence against this Act.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 50
Immunity of authorized officers and authorised police employees
50.Immunity of authorized officers and authorised police employees
No authorized officer or authorised police employee shall be in any way liable to any penalty in respect of anything done by him or her in the exercise of any power or in the performance of any duty conferred or imposed upon him or her pursuant to the provisions of this Act and the regulations.
*****
Division 15-Poison baits
Drugs, Poisons and Controlled Substances Act 1981
- SECT 52
Setting of poison baits
52.Setting of poison baits
(1)A person shall not set lay put or place or knowingly be a party to the setting laying putting or placing of a poison or controlled substance or any fluid or edible matter (not being sown seed or grain) which contains a poison or controlled substance in or upon any road or street or any land whatsoever.
(2)Subsection (1) does not apply to-
(a)the Secretary within the meaning of the Conservation, Forests and Lands Act 1987 or any person acting on behalf of the Secretary with respect to the use of poisons or controlled substances for eradicating or controlling on any land pest animals or noxious weeds within the meaning of the Catchment and Land Protection Act 1994;
(b)the use of a poison or controlled substance or fluid or edible matter (not being sown seed or grain) which contains a poison or controlled substance by a person in or upon any land or premises owned or occupied by him for the purpose of destroying rats, mice or other small vermin commonly found in houses or pest animals within the meaning of the Catchment and Land Protection Act 1994 (not being wildlife within the meaning of the Wildlife Act 1975) or for disinfecting sterilizing or cleansing purposes or for the purpose of manuring or fertilizing the land;
(c)the use by an owner or occupier of land of a poison or controlled substance on or adjacent to his land for the purpose of killing or destroying any wildlife within the meaning of the Wildlife Act 1975-
*****
(ii)which is noxious wildlife within the meaning of the Wildlife Act 1975; or
(iii)under and in accordance with an authority or Order in Council published issued or granted under the Wildlife Act 1975;
(d)the use by the council of a municipality (including the Corporation of the City of Melbourne and the Corporation of the City of Geelong) or by a local authority within the meaning of the Public Contracts Act 1958 as in force immediately before the commencement of the Public Contracts (Repeal) Act 1986 or by any body of persons corporate or unincorporate declared by the Governor in Council by Order published in the Government Gazette to be a body of persons to which this subsection applies of a poison or controlled substance in or upon any road street drain channel or land whatsoever for the purpose of-
(i)destroying rats mice or other vermin (not being wildlife within the meaning of the Wildlife Act 1975) commonly found in houses or pest animals within the meaning of the Catchment and Land Protection Act 1994;
(ii)disinfecting sterilizing or cleansing;
(iii)manuring or fertilizing;
(iv)killing or destroying wildlife within the meaning of the Wildlife Act 1975, being wildlife the killing or destruction of which is authorized by or under that Act or that is noxious wildlife within the meaning of that Act; or
(v)killing or destroying wildlife within the meaning of the Wildlife Act 1975, if the council acts under and in accordance with an authority issued or granted under that Act;
(e)the use of a poison or controlled substance for the purpose of carrying out a power authority function or duty conferred or imposed by or under an Act or in accordance with a licence permit warrant or other authority issued or granted under this Act or any other Act;
(f)the use of a poison or controlled substance for agricultural, pastoral or horticultural purposes (being a poison or controlled substance to which the Agricultural Chemicals Act 1958 applies) for agricultural, pastoral or horticultural purposes-
if and only if the person who or the body of persons which uses a poison or controlled substance of fluid or edible matter in any of the circumstances mentioned in paragraph (a), (b), (c), (d) or (e) takes or causes to be taken all reasonable precautions to prevent access to the poison or controlled substance or the fluid or edible matter by any domestic animal and, if the poison or controlled substance is in a poison bait and is used for eradicating or controlling pest animals within the meaning of the Catchment and Land Protection Act 1994, complies with any applicable regulations under that Act.
(3)In this section a reference to a domestic animal is a reference to any cattle within the meaning of the Pounds Act 1958 or any dog cat or fowl or any other animal of any other kind or species whatever (whether a quadruped or not) which is tame or which has been or is being sufficiently tamed to serve some purpose for the use of man.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 53
Regulations
53.Regulations
Notwithstanding the provisions of this Act the Governor in Council may make regulations prohibiting the use, either absolutely or except under such circumstances or conditions or by such persons as may be prescribed, of any poison or controlled substance for the purpose of killing or destroying any animal or bird or for any other purpose whatsoever likely to cause death or harm to any animal or bird.
Division 16-Poisons in roads and waterways
Drugs, Poisons and Controlled Substances Act 1981
- SECT 54
Special regulations
54.Special regulations
(1)Where in the interests of public safety it is expedient to provide for prohibiting controlling or regulating the putting or discharging or otherwise disposing of poisons or controlled substances or preparations thereof in on or into any road, street, channel, sewer, drain or waterway, the Governor in Council may make regulations for such purposes accordingly and may by those regulations impose penalties of not more than 50 penalty units for any breach of those regulations.
(2)This section shall be read and construed as in aid of and not in derogation from any other Acts or enactments relating to the subject-matter of subsection (1).
Division 17-Prohibition of poisons or controlled substances
Drugs, Poisons and Controlled Substances Act 1981
- SECT 55
Prohibiting sale or supply of poisons or controlled substances
55.Prohibiting sale or supply of poisons or controlled substances
(1)Where the Minister is of the opinion that it is necessary to take urgent action in the interest of the health or safety of the public, he may, after consulting with the Secretary, recommend to the Governor in Council that the sale or supply use or a specified use or uses of a poison or controlled substance-
(a)should, subject to such terms and conditions as are specified in the recommendation, be-
(i)prohibited; or
(ii)restricted-
in the whole or any part of Victoria; or
(b)should, subject to such terms and conditions as are specified in the recommendation, be prohibited in part of Victoria and restricted in another part of Victoria-
for a period not exceeding three months.
(2)Where a recommendation is made to the Governor in Council under subsection (1), the Governor in Council may, by Order published in the Government Gazette prohibit or restrict the sale or supply or use of the poison or controlled substance in accordance with the recommendation.
(3)The Governor in Council may, on the recommendation of the Minister after consulting with the Secretary, by Order published in the Government Gazette-
(a)extend, or further extend, the period during which a prohibition or restriction under an Order made under subsection (2) is in force for a period not exceeding three months; and
(b)otherwise amend or revoke an Order made under subsection (2).
(4)Notice of an Order made under subsection (2) or subsection (3) shall be published in a daily newspaper and a rural weekly newspaper circulating throughout Victoria.
(5)A person who contravenes or fails to comply with an Order including an Order that is amended under subsection (3) or with the terms and conditions (if any) to which the Order is subject is guilty of an offence and liable to a penalty of not more than 50 penalty units.
_______________
Drugs, Poisons and Controlled Substances Act 1981
- PART III
PART III
MANUFACTURE OF HEROIN
Drugs, Poisons and Controlled Substances Act 1981
- SECT 56
Manufacture of heroin etc.
56.Manufacture of heroin etc.
(1)On the recommendation of the Minister, made after consulting with the Secretary, the Governor in Council may licence a fit and proper person to manufacture and sell or supply heroin by wholesale.
(2)Where a licence is in force under subsection (1), no other licence shall be in force under that subsection for any period during which the first-mentioned licence is in force.
(3)On the recommendation of the Minister, made after consulting with the Secretary, the Governor in Council may licence a fit and proper person to formulate heroin.
(4)For the purposes of this section, a person formulates heroin if he prepares or does any act for the purpose of or in the course of preparing heroin in a form suitable for human therapeutic use.
(5)Where a licence is in force under subsection (3) no other licence under that subsection shall be in force for any period during which the first-mentioned licence is in force.
(6)The Governor in Council may on the recommendation of the Minister, made after consulting with the Secretary, grant or refuse to grant a licence under subsection (1) or subsection (3).
(7)A licence under subsection (1) or subsection (3)-
(a)shall remain in force for such period as is specified in the licence;
(b)shall be subject to such conditions, limitations and restrictions (if any) as the Governor in Council on the recommendation of the Minister determines and specifies in the licence;
(c)shall specify-
(i)the premises at which heroin may be manufactured or formulated by the licensee;
(ii)the quantity or quantities of heroin which may be manufactured or formulated by the licensee; and
(iii)the premises at which the licensee may store or keep heroin or any ingredient used in the manufacture of heroin for the purposes of manufacture or sale or supply by wholesale or for formulation under the licence; and
(d)may at any time be revoked or suspended by the Governor in Council on the recommendation of the Minister.
(8)A licence under subsection (1) or subsection (3) shall authorize the manufacture and sale or supply of heroin by wholesale or the formulation of heroin (as the case may be) only at the premises and in the quantities specified in the licence, and authorize the storage or keeping of heroin or any ingredient used in the manufacture of heroin for the purposes of manufacture and sale or supply by wholesale or formulation only at the premises specified in the licence.
(9)The Secretary may by instrument permit a registered medical practitioner or pharmacist to purchase or otherwise obtain from a person in respect of whom a licence is in force under subsection (1) or subsection (3) such quantities of heroin as are specified in the permit and to use the heroin so obtained for such medicinal purposes as are specified in the permit.
(10)The Secretary may by instrument permit a fit and proper person to purchase or otherwise obtain from a person in respect of whom a licence is in force under subsection (1) or subsection (3) such quantity or quantities of heroin as are specified in the permit and to use the heroin so obtained for such educational experimental or research purposes and at such university or other institution as are specified in the permit.
(11)On application in that behalf the Secretary may in the Secretary's discretion grant or refuse to grant a permit under subsection (9) or subsection (10).
(12)A permit under subsection (9) or subsection (10)-
(a)shall remain in force for such period as is specified in the permit;
(b)shall be subject to such conditions, limitations and restrictions (if any) as the Secretary determines and specifies in the permit; and
(c)shall specify the quantity or quantities of heroin that may be obtained under the permit and the purposes for which the heroin so obtained may be used by the person to whom the permit is granted.
(13)The provisions of sections 22A, 22C, 37(1) and 37(2) shall not apply to any licence granted under this section.
(14)A person who-
(a)being the holder of an appropriate licence under subsection (1) or subsection (3)-sells or supplies heroin to a person other than a person permitted under this section to purchase or obtain heroin or otherwise than in accordance with any permit granted under this section;
(b)being the holder of an appropriate licence under subsection (1) or subsection (3)-manufactures or formulates heroin otherwise than in accordance with the licence; or
(c)being the holder of a permit under this section-uses, supplies or administers heroin otherwise than in accordance with the permit-
shall be guilty of an indictable offence and liable to imprisonment for a term of not more than five years or to a penalty of not more than 250 penalty units or to both such penalty and imprisonment.
_______________
Drugs, Poisons and Controlled Substances Act 1981
- PART IV
PART IV
DELETERIOUS SUBSTANCES AND SEARCH, SEIZURE AND DETENTION POWERS RELATING TO VOLATILE SUBSTANCES
Division 1-Deleterious substances
Drugs, Poisons and Controlled Substances Act 1981
- SECT 57
Definitions
57.Definitions
(1)In this Part-
deleterious substances means-
(a)methylated spirits; or
(b)volatile substances;
methylated spirits means-
(a)any spirit which has been methylated or denatured under the provisions of the Commonwealth Act known as the Spirits Act 1906 as amended and in force for the time being or the regulations under that Act;
(b)methyl alcohol and wood spirit;
(c)any other spirit to which any methylating substance has been added; or
(d)any potable liquid with which methylated spirits as defined in paragraphs (a), (b) or (c) is mixed;
volatile substance means-
(a)plastic solvent, adhesive cement, cleaning agent, glue, dope, nail polish remover, lighter fluid, gasoline, or any other volatile product derived from petroleum, paint thinner, lacquer thinner, aerosol propellent or anaesthetic gas; or
(b)any substance declared pursuant to subsection (2) by the Governor in Council to be a volatile substance.
(2)The Governor in Council may by Order published in the Government Gazette declare a substance to be a volatile substance for the purposes of this Part.
(3)The Governor in Council may by Order published in the Government Gazette vary or revoke an Order under subsection (2).
Drugs, Poisons and Controlled Substances Act 1981
- SECT 58
Sale of deleterious substances
58.Sale of deleterious substances
(1)Except as otherwise expressly provided in this Act or the regulations, a person shall not sell a deleterious substance to another person if the first-mentioned person knows or reasonably ought to have known or has reasonable cause to believe that the other person intends-
(a)to use the substance by drinking, inhaling, administering or otherwise introducing it into his body; or
(b)to sell or supply the substance to a third person for use by that third person in a manner mentioned in paragraph (a).
(2)A person who contravenes subsection (1) is guilty of an offence under this Act and shall be liable-
(a)where the offence relates to methylated spirits-
to a penalty of not more than 5 penalty units or imprisonment for a term of not more than one month or both that penalty and imprisonment;
(b)where the offence relates to a volatile substance-
to a penalty of not more than 50 penalty units or imprisonment for a term of not more than two years or both that penalty and imprisonment.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 59
Matters to which this Part does not apply
59.Matters to which this Part does not apply
This Part does not apply to-
(a)the sale of deleterious substances for a purpose authorized by or under this Act or for a prescribed purpose or for a purpose authorized by or under any other Act or the regulations made under the other Act; or
(b)the sale of deleterious substances for the purpose of use by another person, being a use which is authorized by or under this Act or is a prescribed use or is a use authorized by or under another Act or the regulations made under that other Act.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 60
Evidence
60.Evidence
(1)In proceedings for an offence against section 58 production of evidence that-
(a)on any article or substance;
(b)on any package or other container in which there is an article or substance; or
(c)on any label or thing affixed, attached or connected to an article or substance or a package or container in which there is an article or substance-
there is a statement that the particular article or substance is or contains a volatile substance is prima facie evidence that the particular article or substance is or contains a volatile substance.
(2)In proceedings for an offence against section 58 production of evidence that an article contains or a substance is a residue or vapour of a volatile substance is prima facie evidence that the article or substance is or contains a volatile substance.
Division 2-Volatile substances
Drugs, Poisons and Controlled Substances Act 1981
- SECT 60A
Purpose of Division
60A.Purpose of Division
(1)The purpose of this Division is to protect the health and welfare of persons under 18 years of age.
(2)Nothing in this Division makes it an offence or is to be taken to create an offence-
(a)for a person to possess or have in the person's control a volatile substance or an item used to inhale a volatile substance; or
(b)for a person to inhale a volatile substance.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 60B
Police to take into account the best interests of person under 18 years of age
60B.Police to take into account the best interests of person under 18 years of age
In the exercise of any powers under this Division in relation to a person under 18 years of age, a member of the police force must take into account the best interests of the person.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 60C
Where can police powers under this Division be exercised?
60C.Where can police powers under this Division be exercised?
(1)A member of the police force may only exercise the powers under this Division in relation to a person who is-
(a)in a public place; or
(b)on private premises, if consent to enter the premises is given to the member-
(i)by the occupier of those premises; or
(ii)where there is no occupier of those premises, the owner of the premises.
(2)In this section, public place has the same meaning as it has in the Summary Offences Act 1966.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 60D
Police may use reasonable force
60D.Police may use reasonable force
A member of the police force may use such force as is reasonably necessary when-
(a)conducting a search under section 60E or 60F;
(b)seizing a volatile substance or an item used to inhale a volatile substance under section 60J or 60K;
(c)apprehending and detaining a person under section 60L.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 60E
Police may search person under 18 years of age without warrant
60E.Police may search person under 18 years of age without warrant
Subject to sections 60G and 60H, a member of the police force, without warrant, may search a person and any vehicle, package or thing in that person's possession or under his or her control for a volatile substance or an item used to inhale a volatile substance if the member has reasonable grounds for suspecting that the person-
(a)is under 18 years of age; and
(b)has in his or her possession or under his or her control a volatile substance or an item used to inhale a volatile substance; and
(c)is inhaling or will inhale a volatile substance.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 60F
Search of person irrespective of age without warrant
60F.Search of person irrespective of age without warrant
(1)Subject to sections 60G and 60H, a member of the police force, without warrant, may search a person and any vehicle, package or thing in that person's possession or under his or her control for a volatile substance or an item used to inhale a volatile substance if the member has reasonable grounds for suspecting that the person intends to provide-
(a)a volatile substance to a person under 18 years of age to inhale; or
(b)an item to a person under 18 years of age to use to inhale a volatile substance.
(2)A member of the police force may search a person under subsection (1) irrespective of the age of the person.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 60G
Before search, police to identify self
60G.Before search, police to identify self
(1)Subject to subsection (2), before a member of the police force commences a search of a person under section 60E or 60F, the member must-
(a)inform the person of the member's name, rank and place of duty; and
(b)if requested by the person, provide the information referred to in paragraph (a) in writing; and
(c)produce the member's identification for inspection by the person, unless the member is in uniform.
(2)A member of the police force is not required to comply with subsection (1) if the member believes on reasonable grounds that-
(a)the person is unable to understand the information because of the effects of inhaling a volatile substance; or
(b)it is otherwise impracticable to do so.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 60H
Before search, police to give information and request production of substance or item
60H.Before search, police to give information and request production of substance or item
(1)Subject to subsection (2), before a member of the police force commences a search of a person under section 60E or 60F, the member must-
(a)inform the person that, although it is not an offence to possess a volatile substance or an item used to inhale a volatile substance or to inhale a volatile substance, in certain circumstances and using reasonable force, the member may-
(i)search a person for a volatile substance; and
(ii)seize a volatile substance or item used to inhale a volatile substance that is in a person's possession or under a person's control; and
(b)request the person to produce to the member any volatile substance or item used to inhale a volatile substance that is in the person's possession or under the person's control.
(2)A member of the police force is not required to comply with subsection (1) if the member believes on reasonable grounds that-
(a)the person is unable to understand the information and request because of the effects of inhaling a volatile substance; or
(b)it is otherwise impracticable to do so.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 60I
Request for explanation before seizure of volatile substances and items used to inhale volatile substances
60I.Request for explanation before seizure of volatile substances and items used to inhale volatile substances
(1)Subject to subsection (2), if, during the course of conducting a search of a person under section 60E or 60F, a member of the police force detects a volatile substance or item used to inhale a volatile substance, the member must ask the person why he or she is carrying or possessing that volatile substance or item.
(2)A member of the police force is not required to comply with subsection (1) if the member believes on reasonable grounds that-
(a)the person is unable to understand the request for the explanation referred to in that subsection because of the effects of inhaling a volatile substance; or
(b)it is otherwise impracticable to do so.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 60J
Seizure of volatile substances and items used to inhale when explanation given
60J.Seizure of volatile substances and items used to inhale when explanation given
A member of the police force may seize a volatile substance or an item used to inhale a volatile substance that is detected during the course of conducting a search under section 60E or 60F if, on hearing the explanation requested under section 60I, the member has reasonable grounds for suspecting that the person-
(a)is under 18 years of age and is inhaling or will inhale a volatile substance; or
(b)intends to provide the volatile substance detected to a person under 18 years of age to inhale; or
(c)intends to provide the item detected to a person under 18 years of age to use to inhale a volatile substance.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 60K
Seizure of volatile substances and items used to inhale when no explanation given
60K.Seizure of volatile substances and items used to inhale when no explanation given
A member of the police force may seize a volatile substance or an item used to inhale a volatile substance that is detected during the course of conducting a search under section 60E or 60F if-
(a)no explanation referred to in section 60I has been given; and
(b)the member has reasonable grounds for suspecting that the person-
(i)is under 18 years of age and is inhaling or will inhale a volatile substance; or
(ii)intends to provide the volatile substance detected to a person under 18 years of age to inhale; or
(iii)intends to provide the item detected to a person under 18 years of age to use to inhale a volatile substance.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 60L
Apprehension and detention
60L.Apprehension and detention
(1)A member of the police force may apprehend and detain a person if the member has reasonable grounds for believing that the person-
(a)is under 18 years of age; and
(b)is inhaling a volatile substance or has recently inhaled a volatile substance; and
(c)is likely by act or neglect to cause immediate serious bodily harm to himself or herself or to some other person.
(2)A member of the police force may apprehend and detain a person under subsection (1) irrespective of whether-
(a)the person was searched under section 60E or 60F; or
(b)any volatile substance or item used to inhale a volatile substance-
(i)was seized as a result of such a search; or
(ii)was produced in accordance with a request under section 60H(1)(b) and received by a member of the police force.
(3)Subject to subsection (4), on apprehending and detaining a person under subsection (1) or as soon as practicable thereafter, a member of the police force must inform the person that-
(a)the person is not under arrest in relation to any alleged offence; and
(b)the person is apprehended and detained with the intention of preventing the person causing immediate serious bodily harm to himself or herself or to some other person.
(4)A member of the police force is not required to comply with subsection (3) if the member believes on reasonable grounds that-
(a)the person is unable to understand the information referred to in that subsection because of the effects of inhaling a volatile substance; or
(b)it is otherwise impracticable to do so.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 60M
How long may a person be detained and where?
60M.How long may a person be detained and where?
(1)A person who has been apprehended and detained under section 60L must be released immediately upon it becoming known to a member of the police force that the person is not under 18 years of age.
(2)A person who has been apprehended and detained under section 60L and who is under 18 years of age may only be detained for as long as a member of the police force has reasonable grounds for believing that the person-
(a)has recently inhaled a volatile substance; and
(b)is likely by act or neglect to cause immediate serious bodily harm to himself or herself or to some other person.
(3)Subject to subsection (2), as soon as practicable after apprehending and detaining under section 60L a person who is under 18 years of age, a member of the police force must release the person into the care of a suitable person who-
(a)the member reasonably believes is capable of taking care of the detained person; and
(b)consents to taking care of the detained person.
Note
Depending on the circumstances of each case, a suitable person may include the detained person's parent, guardian or another adult family member or an employee of an appropriate health or welfare agency.
(4)If a member of the police force, after taking all reasonable steps, has been unable to release the detained person into the care of a suitable person in accordance with subsection (3), the member of the police force-
(a)may release the detained person; or
(b)subject to subsection (2), may continue to detain that person.
(5)In taking an action under subsection (4), a member of the police force must take the action which he or she reasonably believes is the most appropriate in the circumstances.
(6)A member of the police force must not detain a person under section 60L in-
(a)a police gaol within the meaning of the Corrections Act 1986; or
(b)a police cell or lock-up.
(7)A member of the police force must not interview or question a person who is apprehended and detained under section 60L in relation to any offence or alleged offence.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 60N
Return of seized or produced volatile substances and items used to inhale volatile substances
60N.Return of seized or produced volatile substances and items used to inhale volatile substances
(1)A member of the police force who-
(a)receives a volatile substance or an item used to inhale a volatile substance which is produced in accordance with a request under section 60H(1)(b); or
(b)seizes a volatile substance or an item used to inhale a volatile substance under section 60J or 60K-
must, as soon as practicable after receiving or seizing the volatile substance or an item used to inhale a volatile substance, inform the person from whom the volatile substance or item was received or seized of his or her right to have it returned.
(2)A person from whom a volatile substance or item used to inhale a volatile substance was received when it was produced in accordance with a request under section 60H(1)(b) may apply at the place of duty of the member of the police force who received the volatile substance or item for its return within 7 days after it was so received.
(3)A person from whom a volatile substance or item used to inhale a volatile substance was seized under section 60J or 60K may apply at the place of duty of the member of the police force who seized the volatile substance or item for its return within 7 days after it was seized.
(4)A volatile substance or an item used to inhale a volatile substance that is received by a member of the police force when it was produced in accordance with a request under section 60H(1)(b) or seized under section 60J or 60K may only be returned to a person under 18 years of age if the person is accompanied by a parent or guardian when collecting the volatile substance or item.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 60O
Disposal or making safe of volatile substances and items used to inhale volatile substances
60O.Disposal or making safe of volatile substances and items used to inhale volatile substances
Despite section 60N, a volatile substance or an item used to inhale a volatile substance received when it was produced in accordance with a request under section 60H(1)(b) or seized under section 60J or 60K may be disposed of or made safe (as the case requires) if-
(a)the member of the police force who received or seized the volatile substance or item believes that the disposal or making safe of that substance or item is necessary because of the risk to health or safety in removing it from the place of receipt or seizure; or
(b)the officer in charge of the place of duty of the member of the police force who received or seized a volatile substance or an item used to inhale a volatile substance believes that the disposal or making safe of that substance or item is necessary because of the risk to health or safety in storing it.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 60P
Forfeiture to Crown
60P.Forfeiture to Crown
(1)A seized volatile substance or an item used to inhale a volatile substance that is not returned to the person from whom it was seized within 7 days after being so seized is forfeited to the Crown.
(2)A volatile substance or an item used to inhale a volatile substance received by a member of the police force when it was produced in accordance with a request under section 60H(1)(b) that is not returned to the person from whom it was received within 7 days after being so received is forfeited to the Crown.
(3)If any volatile substance or item used to inhale a volatile substance is forfeited to the Crown under subsection (1) or (2)-
(a)the Minister may direct that it be disposed of in any manner that the Minister thinks fit; and
(b)if it is sold, the proceeds of the sale must be paid into the Consolidated Fund.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 60Q
Records concerning searches, seizure, receipt or disposal of property, apprehensions and detentions
60Q.Records concerning searches, seizure, receipt or disposal of property, apprehensions and detentions
(1)A member of the police force who conducts a search under section 60E must make a written record of the search containing the prescribed particulars.
(2)A member of the police force who conducts a search under section 60F must make a written record of the search containing the prescribed particulars.
(3)A member of the police force who receives a volatile substance or an item used to inhale a volatile substance which is produced in accordance with a request under section 60H(1)(b) must make a written record of the receipt containing the prescribed particulars.
(4)A member of the police force who seizes a volatile substance or an item used to inhale a volatile substance under section 60J or 60K must make a written record of the seizure containing the prescribed particulars.
(5)A member of the police force who apprehends and detains a person under section 60L must make a written record of the apprehension and detention containing the prescribed particulars.
(6)A member of the police force who disposes of or makes safe a volatile substance or an item used to inhale a volatile substance under section 60O must make a written record of the disposal or making safe of the substance or item containing the prescribed particulars.
(7)A record required to be made by this section must be made as soon as practicable-
(a)in the case of a search, after the completion of the search; or
(b)in the case of a volatile substance or an item used to inhale a volatile substance received when it was produced in accordance with a request under section 60H(1)(b), after the substance or item was so received; or
(c)in the case of a seizure of a volatile substance or an item used to inhale a volatile substance under section 60J or 60K, after the substance or item was seized; or
(d)in the case of an apprehension and detention under section 60L, after the person who was apprehended and detained is released in accordance with section 60M; or
(e)in the case of the disposal or making safe of a volatile substance or an item used to inhale a volatile substance under section 60O, after the substance or item was disposed of or made safe.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 60R
Person may request record
60R.Person may request record
(1)A person who is subjected to a search under section 60E or 60F is entitled, on request and without charge, to a copy of the record of the search if the request is made not later than 1 year after the date of the search.
(2)A person who produced a volatile substance or an item used to inhale a volatile substance in accordance with a request under section 60H(1)(b) to a member of the police force who received it is entitled, on request and without charge, to a copy of the record of the receipt if the request is made not later than 1 year after the date of the production in accordance with the request under section 60H(1)(b).
(3)A person from whom a volatile substance or an item used to inhale a volatile substance was seized under section 60J or 60K is entitled, on request and without charge, to a copy of the record of the seizure if the request is made not later than 1 year after the date of the seizure.
(4)A person who is apprehended and detained under section 60L is entitled, on request and without charge, to a copy of the record of the apprehension and detention if the request is made not later than 1 year after the date of apprehension and detention.
(5)A person whose property was disposed of or made safe under section 60O is entitled, on request and without charge, to a copy of the record of the disposal or making safe if the request is made not later than 1 year after the date of the disposal or making safe.
(6)A request under subsection (1), (2), (3), (4) or (5) is to be made to the officer in charge of the place of duty of the member of the police force who searched the person, received the substance or item produced in accordance with the request under section 60H(1)(b), seized the substance or item, apprehended and detained the person or disposed of or made safe the substance or item (as the case requires).
Drugs, Poisons and Controlled Substances Act 1981
- SECT 60S
Chief Commissioner to report on actions under this Division
60S.Chief Commissioner to report on actions under this Division
(1)The Chief Commissioner of Police must provide to the Minister for inclusion in the annual report of operations under Part 7 of the Financial Management Act 1994 a report containing-
(a)the number of searches without warrant under section 60E conducted during that financial year; and
(b)the number of searches without warrant under section 60F conducted during that financial year; and
(c)information about the number and type of volatile substances and items used to inhale a volatile substance seized as a result of conducting those searches; and
(d)information about the number and type of volatile substances and items used to inhale a volatile substance received by members of the police force when produced in accordance with a request under section 60H(1)(b); and
(e)information about the number and type of volatile substances and items used to inhale a volatile substance returned to persons under section 60N; and
(f)information about the number and type of volatile substances and items used to inhale a volatile substance disposed of or made safe under section 60O; and
(g)information about the number and type of volatile substances and items used to inhale a volatile substance forfeited to the Crown under section 60P; and
(h)the number of persons apprehended and detained without warrant under section 60L during that financial year.
(2)A report provided under this section is not required to specify the exact type of each volatile substance or item used to inhale a volatile substance referred to in the report.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 60T
Regulations
60T.Regulations
(1)For the purposes of this Part, the Governor in Council may make regulations for or with respect to-
(a)the manner in which searches and seizures under this Division are to be carried out; and
(b)particulars to be included in records made under section 60Q; and
(c)any other matter or thing necessary or convenient to be prescribed for the purposes of this Part.
(2)Regulations made under this Part may-
(a)be of general or limited application;
(b)differ according to differences in time, place or circumstance;
(c)confer powers or discretions or impose duties on any person.
_______________
Drugs, Poisons and Controlled Substances Act 1981
- PART IVA
PART IVA
AUTHORITIES FOR LOW-THC CANNABIS
Division 1-Authorities for low-THC cannabis
Drugs, Poisons and Controlled Substances Act 1981
- SECT 61
Definitions
61.Definitions
(1)In this Part-
authority means an authority issued under section 65;
cannabis means a plant or any part of a plant of the genus Cannabis L, whether fresh or dried;
inspector means-
(a)a person authorised as an inspector under section 69E; or
(b)a member of the police force;
low-THC cannabis means cannabis, the leaves and flowering heads of which do not contain more than 035 per cent of tetrahydrocannabinol;
Secretary means the Secretary to the Department of Primary Industries;
serious offence means an indictable offence involving dishonesty, fraud or cultivation or trafficking in drugs of dependence where the maximum penalty exceeds 3 months imprisonment.
(2)For the purposes of section 64, a person is an associate of an applicant for an authority if the person-
(a)holds or will hold any relevant financial interest, or is or will be entitled to exercise any relevant power (whether in right of the person or on behalf of any other person) in the business of the applicant to which the authority relates, and by virtue of that interest or power, is able or will be able to exercise a significant influence over or with respect to the management or operation of the business to which the authority relates; or
(b)holds or will hold any relevant position, whether in right of the person or on behalf of any other person in the business of the applicant to which the authority relates; or
(c)is a relative of the applicant.
(3)In subsection (2)-
relative means spouse (including de facto spouse), parent, child or sibling (whether of the full or half blood);
relevant financial interest, in relation to a business, means-
(a)any share in the capital of the business; or
(b)any entitlement to receive any income derived from the business;
relevant position, in relation to a business, means the position of director, manager or other executive position or secretary, however that position is designated;
relevant power means any power, whether exercisable by voting or otherwise and whether exercisable alone or in association with others-
(a)to participate in any directorial, managerial or executive decision; or
(b)to elect or appoint any person to any relevant position.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 62
Application for authority to cultivate and process cannabis
62.Application low-THC for authority to cultivate and process low-THC cannabis
(1)A person may apply to the Secretary for an authority authorising that person, for commercial or research purposes relating to non-therapeutic use-
(a)to possess, process, sell or supply cannabis seed which has been harvested from low-THC cannabis; or
(b)to cultivate and possess cannabis from seed which has been harvested from low-THC cannabis; or
(c)to possess, process, sell or supply cannabis which-
(i)is substantially free of leaves and flowering heads; and
(ii)does not contain tetrahydrocannabinol in excess of 01 per cent.
(2)An application under subsection (1) must-
(a)be in writing; and
(b)be accompanied by the prescribed application fee.
(3)An application under subsection (1) must contain or be accompanied by evidence to the satisfaction of the Secretary that-
(a)the applicant is a fit and proper person to be given an authority;
(b)the applicant intends to undertake bona fide research or commercial activity relating to the non-therapeutic use of cannabis under the authority including-
(i)in the case of research, evidence that the research would be conducted by a person with appropriate scientific training using appropriate methodology; or
(ii)in the case of commercial activity, evidence of the commercial activity to be carried out.
(4)An applicant must provide any other information about the applicant or the application which the Secretary reasonably requires.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 63
Secretary must investigate application
63.Secretary must investigate application
(1)On receiving an application under section 62, the Secretary must cause to be carried out all investigations and inquiries that the Secretary considers necessary to properly determine the application.
(2)The Secretary may refer a copy of an application and any supporting documentation to the Chief Commissioner of Police.
(3)The Chief Commissioner of Police must inquire into and report to the Secretary on any matters concerning the application that the Secretary requests.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 64
Matters to be considered in determining applications
64.Matters to be considered in determining applications
(1)In order to prevent criminal activity in the cultivation and processing of low-THC cannabis, the Secretary must not issue an authority to an applicant unless the Secretary is satisfied that-
(a)the applicant or any associate of the applicant has within the 10 years preceding the application not been found guilty of a serious offence; and
(b)the applicant and each associate of the applicant is a suitable person to be concerned in or associated with the cultivation, processing, sale or supply of low-THC cannabis; and
(c)the applicant's property or premises will be suitable for the cultivation, processing, sale or supply of low-THC cannabis in relation to location, facilities and proposed security arrangements.
(2)In particular, the Secretary may consider whether-
(a)the applicant and each associate of the applicant is of good repute, having regard to character, honesty and integrity;
(b)in the case of an applicant that is not a natural person, the applicant has a satisfactory ownership, trust or corporate structure;
(c)the applicant is of sound and stable financial background;
(d)the applicant has any business association with any person or body who or which, in the opinion of the Secretary, is not of good repute, having regard to character, honesty and integrity;
(e)each director, partner, trustee, executive officer and secretary and any other person determined by the Secretary to be associated or connected with the ownership, administration or management of the operations or business of the applicant is a suitable person to act in that capacity.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 65
Determination of applications
65.Determination of applications
(1)After considering an application and any investigation under section 63, the Secretary must determine an application by-
(a)issuing an authority; or
(b)refusing to issue an authority.
(2)The Secretary must notify the applicant in writing of the decision under subsection (1).
Drugs, Poisons and Controlled Substances Act 1981
- SECT 66
Terms and conditions of authorities
66.Terms and conditions of authorities
(1)An authority is issued for the term, not exceeding 3 years, specified in the authority unless it is sooner suspended or cancelled.
(2)An authority relates only to the premises or site described in it.
(3)An authority is subject to the terms, conditions, limitations and restrictions specified in it including, but not limited to, terms, conditions, limitations and restrictions relating to-
(a)the premises or site at which the activities authorised by the authority may be carried out;
(b)the source of seed for sowing, including the authentication of the varietal identity and tetrahydrocannabinol content of the crop from which the seed was harvested;
(c)the implementation and maintenance of satisfactory security and surveillance measures to restrict access of unauthorised persons to crops and harvested material;
(d)the keeping of records and other documents;
(e)the provision of information, records or other documents to the Secretary relating to-
(i)the activities carried out under the authority; or
(ii)a change in the position of director, manager, secretary or other executive position, however designated or the structure of the business to which the authority relates; or
(iii)any other matter that the Secretary reasonably requires;
(f)the disposal of harvested material and crop residue;
(g)inspection, supervision and surveillance of seed, plants, crops, harvested material and products by inspectors.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 67
Renewal of authorities
67.Renewal of authorities
(1)An application for renewal of an authority-
(a)may be made up to one month before the expiry of the current authority; and
(b)must be in writing and accompanied by the prescribed fee.
(2)On receiving an application under subsection (1), the Secretary, in the Secretary's discretion, may renew the authority.
(3)A renewed authority lasts for the same period as the previous authority.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 68
Authority not transferable
68.Authority not transferable
An authority is not transferable to another person.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 69
Amendment of authorities
69.Amendment of authorities
(1)The Secretary may, in the Secretary's discretion-
(a)amend any terms, conditions, limitations or restrictions to which the authority is subject; or
(b)impose new terms, conditions, limitations or restrictions on an authority.
(2)An amendment under subsection (1) must be notified in writing to the holder of the authority.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 69A
Suspension or cancellation
69A.Suspension or cancellation
(1)The Secretary may, by notice in writing to the holder of an authority, suspend or cancel an authority if-
(a)the holder requests suspension or cancellation; or
(b)the holder has not complied with the terms, conditions, limitations or restrictions of the authority; or
(c)the holder has failed to comply with this Act or regulations; or
(d)the Secretary is satisfied that the holder is no longer a fit and proper person to hold the authority; or
(e)the Secretary is satisfied that the holder obtained the authority by fraud, misrepresentation or concealment of facts; or
(f)the holder ceases to carry on the research or commercial activity to which the authority relates.
(2)If an authority is suspended or cancelled under subsection (1), it ceases to be of effect and any document issued to the former holder must be surrendered to the Secretary on demand.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 69B
Review by VCAT
CT
69B.Review by VCAT
(1)A person may apply to the Victorian Civil and Administrative Tribunal for review of a decision of the Secretary-
(a)to refuse to issue an authority to that person; or
(b)to refuse to renew an authority held by that person; or
(c)to suspend, cancel or amend an authority held by that person.
(2)An application for review under subsection (1) must be made within 28 days after the later of-
(a)the day on which the decision is made;
(b)if, under the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 69C
Offence to fail to comply with authority
69C.Offence to fail to comply with authority
A person who is the holder of an authority under this Part must comply with the terms, conditions, limitations or restrictions to which that authority is subject.
Penalty: 100 penalty units.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 69D
Catchment and Land Protection Act does not apply
69D.Catchment and Land Protection Act does not apply
Despite anything to the contrary in the Catchment and Land Protection Act 1994, Part 8 of that Act does not apply to the processing, cultivation, possession, sale or supply of low-THC cannabis in accordance with an authority under this Part.
Division 2-Inspection and enforcement
Drugs, Poisons and Controlled Substances Act 1981
- SECT 69E
Inspectors under this Part
69E.Inspectors under this Part
(1)The Secretary, by instrument, may authorise the following persons to be inspectors for the purposes of all or any of the provisions of this Part-
(a)any person employed under Part 3 of the Public Administration Act 2004; or
(b)any other appropriately qualified person.
(2)The Secretary may determine the terms and conditions of authorisation of inspectors.
(3)The Secretary may, in writing, revoke the authorisation of an inspector at any time.
(4)The terms and conditions of authorisation may contain general directions as to how the inspector's powers may be exercised.
(5)The Secretary must issue an identification certificate to each inspector (other than an inspector who is a member of the police force) which sets out the provisions of this Part for which the inspector is authorised to be an inspector.
(6)An inspector, in the course of performing his or her functions under this Part, must produce his or her identification certificate to any person who requests its production.
(7)In this Division, a reference to an identification certificate in relation to an inspector who is a member of the police force is a reference to written evidence of the fact that he or she is a member of the police force.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 69F
General powers of inspectors
69F.General powers of inspectors
(1)For the purposes of determining compliance with this Part or an authority, an inspector may, with such assistance as he or she thinks necessary, at any reasonable time-
(a)enter and inspect any place, other than premises used as a residence, occupied by any person who is the holder of an authority;
(b)inspect, count, examine or mark for identification any product, plant or crop in the place;
(c)require a person to produce any document that the inspector reasonably requires for ascertaining whether this Part or an authority is being complied with and-
(i)examine the document; and
(ii)make copies of it or take extracts from it; and
(iii)remove the document for as long as is reasonably necessary to make copies or take extracts;
(d)take or remove for examination samples of or from, or specimens of, any plant of a crop or product to determine-
(i)the tetrahydrocannabinol content of that plant, crop or product; and
(ii)that the plant, crop or product has been cultivated or processed in accordance with the authority or that its possession is in accordance with the authority;
(e)submit any sample or specimen taken in accordance with this Part to a laboratory or place approved by the Secretary for examination and testing.
(2)An inspector may not exercise any powers under this Part if the inspector fails, on request, to produce his or her identification certificate for inspection by the occupier of the place or the person in charge or apparent control of the place.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 69G
Inspector may order harvest or treatment
69G.Inspector may order harvest or treatment
(1)If an inspector is satisfied on reasonable grounds that any plant or crop contravenes this Part or an authority, the inspector may order the harvest of the plant or crop and the treatment of that harvested material.
(2)An order under subsection (1) must-
(a)be in writing; and
(b)include a statement of the reasons for ordering the harvest and treatment; and
(c)be given to the holder of the authority.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 69H
Inspector has power to detain or seize
69H.Inspector has power to detain or seize
If an inspector believes that any plant, crop or product contravenes this Part or an authority, the inspector may detain or seize the plant, crop or product and deal with it in accordance with section 69I.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 69I
What happens if an inspector detains or seizes plants, crops or products?
69I.What happens if an inspector detains or seizes plants, crops or products?
(1)If an inspector detains or seizes any plant, crop or product, the inspector must immediately-
(a)give notice in writing of the detention or seizure including a statement of the reasons for detaining or seizing the plant, crop or product to the holder of the authority; and
(b)take or send to a laboratory or place approved by the Secretary for examination and testing, the plant, crop or product or a sample of the plant, crop or product.
(2)A person must not remove the whole or any part of a plant, crop or product detained or seized while the detention or seizure notice remains in force, except on the written authority or written direction of an inspector or the Secretary.
Penalty: 50 penalty units.
(3)If the results of the examination or test of the samples taken or sent in accordance with subsection (1)(b) show that the plant, crop or product was not in contravention of this Part or the authority, the inspector must immediately release or return the plant, crop or product to the holder of the authority.
(4)If the results of the examination or test of the samples taken or sent in accordance with subsection (1)(b) show that the plant, crop or product was in contravention of this Part or the authority, the inspector must-
(a)inform the holder of the authority or the person in whose possession the plant, crop or product was found (as the case may be) in writing of the results; and
(b)arrange for or order the harvest, disposal or destruction of the plant, crop or product.
(5)If an arrangement or order is made for the disposal or destruction of a plant, crop or product under subsection (4)(b), the inspector must give notice of that arrangement or order before that disposal or destruction takes place.
(6)A notice under subsection (5) must-
(a)be in writing; and
(b)include a statement of the reasons for arranging or ordering the disposal or destruction; and
(c)fix a time for the disposal or destruction; and
(d)be given to the holder of the authority.
(7)Nothing in this section limits the power of a member of the police force to take legal proceedings in respect of any plant, crop or product found not to comply with this Part or an authority.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 69J
Appeal to Secretary if disposal or destruction ordered
69J.Appeal to Secretary if disposal or destruction ordered
(1)Within 48 hours of receiving a notice under section 69I(5), the holder of an authority may lodge an appeal in writing against the disposal or destruction with the Secretary.
(2)Within 3 business days after an appeal is lodged under subsection (1), the Secretary must determine the appeal by-
(a)cancelling the arrangement or order made by the inspector under section 69I; or
(b)confirming the arrangement or order made by the inspector under section 69I.
(3)The Secretary must notify the holder of the authority in writing of the determination made under subsection (2).
Drugs, Poisons and Controlled Substances Act 1981
- SECT 69K
Offences relating to inspector's exercise of power
69K.Offences relating to inspector's exercise of power
(1)A person must not, without reasonable excuse, hinder or obstruct an inspector in the exercise of a power under this Part.
Penalty: 100 penalty units.
(2)A person must not, without reasonable excuse, fail to comply with the direction, requirement or order of an inspector.
Penalty: 100 penalty units.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 69L
Inspector may possess cannabis for purposes of this Part
69L.Inspector may possess cannabis for purposes of this Part
An inspector is authorised to have cannabis in his or her possession in the exercise or performance of any power, function or duty conferred on him or her by this Part or the regulations made under this Part.
Division 3-Regulations under this Part
Drugs, Poisons and Controlled Substances Act 1981
- SECT 69M
Regulations
69M.Regulations
(1)The Governor in Council may make regulations for or with respect to-
(a)fees for applications and renewals for the purposes of this Part;
(b)authorising and requiring inspectors to impose fees and charges of such amounts or rates as are prescribed or determined in the manner prescribed for-
(i)sampling and testing cannabis plants and crops grown or products produced in accordance with this Part as required under an authority or to determine the tetrahydrocannabinol content of those plants, crops or products;
(ii)supervising the harvesting, disposal or destruction of cannabis plants, crops or products;
(iii)carrying out inspections, supervision or surveillance of cannabis plants or crops grown or products produced in accordance with this Part to ensure that the terms, conditions, limitations and restrictions of an authority are being complied with;
(iv)providing any other service in respect of cannabis plants or crops grown or products produced in accordance with this Part;
(c)generally prescribing any other matter or thing required or permitted by this Part to be prescribed or necessary to be prescribed to give effect to this Part.
(2)Regulations made under this Part may-
(a)be of general or limited application;
(b)differ according to differences in time, place or circumstance;
(c)provide for different fees for different activities or classes of activity or different cases or classes of cases;
(d)provide for specific, minimum or maximum or minimum and maximum fees;
(e)provide for the waiver or reduction of fees;
(g)in the case of applications for the issue or renewal of authorities, specify fees that reflect the cost of administration of, and the provision of inspection and other services in connection with this Part;
(h)leave any matter to be approved or determined by the Secretary or an inspector.
*****
________________
Drugs, Poisons and Controlled Substances Act 1981
- PART V
PART V
DRUGS OF DEPENDENCE AND RELATED MATTERS
Drugs, Poisons and Controlled Substances Act 1981
- SECT 70
Definitions
70.Definitions
(1)In this Part and Part VI, unless inconsistent with the context or subject-matter-
aggregated commercial quantity, in relation to 2 or more drugs of dependence, means a quantity determined as follows-
(a)the quantity of each drug of dependence involved in the alleged offence is determined as a fraction of-
(i)in the case of a drug of dependence which is a narcotic plant, the commercial quantity specified in column 2 of Part 2 of Schedule Eleven in respect of that drug of dependence; and
(ii)in relation to a drug of dependence the name of which is specified in column 1 of Part 3 of Schedule Eleven-
(A)if that drug of dependence is contained in or mixed with another substance and the quantity of that mixture of drug of dependence and other substance is not less than the quantity specified in column 2A of that Part of that Schedule opposite to the name of that drug of dependence, means any amount of that drug of dependence; or
(B)in any other case, means the quantity that is specified in column 2 of that Part of that Schedule opposite to the name of that drug of dependence; and
(b)the fractions determined under paragraph (a) are added together; and
(c)the quantity is an aggregated commercial quantity if the total of those fractions when added together is equal to or greater than the number "1";
Example 1
Drug of dependence not contained in or mixed with other substance
Jack is in possession of 200 grams of heroin, 80 grams of amphetamine and 800 grams of tetrahydrocannabinol. The individual commercial quantities for each of those drugs is 250 grams, 100 grams and 1 kilogram respectively (as set out in column 2 of Part 3 of Schedule Eleven), so each of these quantities is not individually a commercial quantity for trafficking.
To aggregate the individual quantities, determine the quantities involved as fractions of the specified commercial quantities: 200/250 (heroin), 80/100 (amphetamine)and 800/1000 (tetrahydrocannabinol) ie 4/5 plus 4/5 plus 4/5. The total of the fractions when added together is 12/5 or 24 which is a number greater than 1. This is a quantity which is not less than an aggregated commercial quantity of 2 or more drugs of dependence.
Example 2
Drug of dependence not contained in or mixed with other substance Jill is in possession of 80 cannabis plants and 800 grams of tetrahydrocannabinol. The individual commercial quantities for each of those drugs is 100 plants and 1 kilogram respectively (as set out in column 2 of Part 2 of Schedule Eleven and column 2 of Part 3 of Schedule Eleven), so each of these quantities is not individually a commercial quantity for trafficking.
To aggregate the individual quantities, determine the quantities involved as fractions of the specified commercial quantities: 80/100 (cannabis plants) and 800/1000 (tetrahydrocannabinol) ie 8/10 plus 8/10. The total of the fractions when added together is 16/10 or 16 which is a number greater than 1. This is a quantity which is not less than an aggregated commercial quantity of 2 or more drugs of dependence.
Example 3
Drug of dependence contained in or mixed with other substance
Fred is in possession of 400 grams of a substance containing 240 grams of heroin, 400 grams of a substance containing 200 grams of amphetamine and 8 kilograms of a substance containing 900 grams of tetrahydracannabinol. The individual commercial quantities for a mixture of one of these drugs and another substance (as set out in column 2A of Part 3 of Schedule Eleven), comprise 500 grams for heroin, 500 grams for amphetamine, and 10 kilograms for tetrahydracannabinol, so each of these quantities is not individually a commercial quantity for trafficking.
To aggregate the individual quantities, determine the quantities involved as fractions of the specified commercial quantities 400/500 (quantity of mixture of substance and heroin), 400/500 (quantity of mixture of substance and amphetamine), 800/1000 (quantity of mixture of substance and tetrahydrocannabinol) i.e. 4/5 plus 4/5 plus 4/5. The total of these fractions is 12/5 or 24 which is a number greater than 1. This is a quantity which is not less than an aggregated commercial quantity of 2 or more drugs of dependence.
Note
For narcotic plants, quantities are to be calculated on the quantity specified for a drug of dependence in column 2 of Part 2 of Schedule Eleven.
Quantities of drugs of dependence contained in or mixed with another substance are to be calculated on the quantities specified in column 2A of Part 3 of Schedule Eleven.
In the case of a drug of dependence specified in column 1 of Part 3 of Schedule Eleven, quantities are to be calculated either on the quantity specified for the drug of dependence in column 2 of Part 3 of Schedule Eleven (if that drug is not contained in or mixed with another substance) or on the quantity specified for the drug of dependence in column 2A of Part 3 of Schedule Eleven (if that drug is contained in or mixed with another substance). If a quantity is calculated on a quantity specified in column 2 of Part 3 of Schedule Eleven in respect of a drug of dependence, any other substance contained in or mixed with that drug of dependence is not to be included in the calculation.
aggregated large commercial quantity, in relation to 2 or more drugs of dependence, means a quantity determined as follows-
(a)the quantity of each drug of dependence involved in the alleged offence is determined as a fraction of-
(i)in the case of a drug of dependence which is a narcotic plant, the large commercial quantity specified in column 1A of Part 2 of Schedule Eleven in respect of that drug of dependence; and
(ii)in relation to a drug of dependence the name of which is specified in column 1 of Part 3 of Schedule Eleven-
(A)if that drug of dependence is contained in or mixed with another substance and the quantity of that mixture of drug of dependence and other substance is not less than the quantity specified in column 1B of that Part of that Schedule opposite to the name of that drug of dependence, means any amount of that drug of dependence; or
(B)in any other case, means the quantity that is specified in column 1A of that Part of that Schedule opposite to the name of that drug of dependence; and
(b)the fractions determined under paragraph (a) are added together; and
(c)the quantity is an aggregated large commercial quantity if the total of those fractions when added together is equal to or greater than the number "1";
Examples
Example 1
Drug of dependence contained in or mixed with other substance
Bill is in possession of 800 grams of a substance containing 250 grams of amphetamine, 600 grams of a substance containing 200 grams of heroin, 800 grams of a substance containing 100 grams of methylamphetamine. The individual large commercial quantities for a mixture of one of these drugs and another substance (as set out in column 1B of Part 3 of Schedule Eleven), comprise 1 kilogram for amphetamine, 1 kilogram for heroin and 1 kilogram for methylamphetamine so each of these quantities is not individually a large commercial quantity for trafficking.
To aggregate the individual quantities, determine the quantities involved as fractions of the specified large commercial quantities 800/1000 (quantity of mixture of substance and amphetamine), 600/1000 (quantity of mixture of substances and heroin), 800/1000 (quantity of mixture of substance and methylamphetamine), i.e. 4/5 plus 3/5 plus 4/5. The total of these fractions is 11/5 or 22 which is a number greater than 1. This is a quantity which is not less than an aggregated large commercial quantity of 2 or more drugs of dependence.
Example 2
Drug of dependence not contained in or mixed with other substance
Fredrica is in possession of 150 grams of heroin, 300 grams of amphetamine, and 450 grams of cocaine. The individual large commercial quantities for each of those drugs (as set out in Column 1A of Part 3 of Schedule Eleven), comprise 750 grams for heroin, 750 grams for amphetamine and 750 grams for cocaine so each of these quantities is not individually a large commercial quantity for trafficking.
To aggregate the individual quantities, determine the quantities involved as fractions of the specified large commercial quantities 150/750 (heroin), 300/750 (amphetamine), 450/750 (cocaine), i.e. 1/5 plus 2/5 plus 3/5. The total of these fractions is 6/5 or 12 which is a number greater than 1. This is a quantity which is not less than an aggregated large commercial quantity of 2 or more drugs of dependence.
Note
For narcotic plants, quantities are to be calculated on the quantity specified for a drug of dependence in column 1A of Part 2 of Schedule Eleven.
Quantities of drugs of dependence contained in or mixed with another substance are to be calculated on the quantities specified in column 1B of Part 3 of Schedule Eleven.
In the case of a drug of dependence specified in column 1 of Part 3 of Schedule Eleven, quantities are to be calculated either on the quantity specified for the drug of dependence in column 1A of Part 3 of Schedule Eleven (if that drug is not contained in or mixed with another substance) or on the quantity specified for the drug of dependence in column 1B of Part 3 of Schedule Eleven (if that drug is contained in or mixed with another substance). If a quantity is calculated on a quantity specified in column 1A of Part 3 of Schedule Eleven in respect of a drug of dependence, any other substance contained in or mixed with that drug of dependence is not to be included in the calculation.
automatic forfeiture quantity, in relation to a drug of dependence the name of which is specified in column 1 of Part 3 of Schedule Eleven, means the quantity of that drug, including any other substance in which it is contained or with which it is mixed, that is specified in column 2B of that Part of that Schedule opposite to the name of that drug of dependence;
Note
see the Confiscation Act 1997;
cannabis means any fresh or dried parts of a plant of the genus Cannabis L;
child means a person under 18 years of age;
commercial quantity-
(a)in relation to a drug of dependence the name of which is specified in column 1 of Part 1 of Schedule Eleven, means the quantity that is specified in column 2 of that Part of that Schedule opposite to the name of that drug of dependence;
(b)in relation to a drug of dependence the name of which is specified in column 1 of Part 2 of Schedule Eleven, means the quantity, or the number of plants, that is specified in column 2 of that Part of that Schedule opposite to the name of that drug of dependence;
(c)in relation to a drug of dependence the name of which is specified in column 1 of Part 3 of Schedule Eleven-
(i)if that drug of dependence is contained in or mixed with another substance and the quantity of that mixture of drug of dependence and other substance is not less than the quantity specified in column 2A of that Part of that Schedule opposite to the name of that drug of dependence, means any amount of that drug of dependence; or
(ii)in any other case, means the quantity that is specified in column 2 of that Part of that Schedule opposite to the name of that drug of dependence;
(d)in relation to 2 or more drugs of dependence, means an aggregated commercial quantity of those drugs;
cultivate, in relation to a narcotic plant includes-
(a)sow a seed of a narcotic plant; or
(b)plant, grow, tend, nurture or harvest a narcotic plant; or
(c)graft, divide or transplant a narcotic plant;
large commercial quantity-
(a)in relation to a drug of dependence the name of which is specified in column 1 of Part 2 of Schedule Eleven, means the quantity, or the number of plants, that is specified in column 1A of that Part of that Schedule opposite to the name of that drug of dependence;
(b)in relation to a drug of dependence the name of which is specified in column 1 of Part 3 of Schedule Eleven-
(i)if that drug of dependence is contained in or mixed with another substance and the quantity of that mixture of drug of dependence and other substance is not less than the quantity specified in column 1B of that Part of that Schedule opposite to the name of that drug of dependence, means any amount of that drug of dependence; or
(ii)in any other case, means the quantity that is specified in column 1A of that Part of that Schedule opposite to the name of that drug of dependence;
(c)in relation to 2 or more drugs of dependence, means an aggregated large commercial quantity of those drugs;
narcotic plant means any plant the name of which is specified in column 1 of Part 2 of Schedule Eleven and includes a cutting of such a plant, whether or not the cutting has roots;
small quantity-
(a)in relation to any fresh or dried parts of a plant of the genus Cannabis L, means the quantity that is specified in column 4 of Part 2 of Schedule Eleven opposite to the name Cannabis L specified in column 1 of that part of that Schedule; and
(b)in relation to any drug of dependence the name of which is specified in column 1 of Part 3 of Schedule Eleven, means the quantity of that drug, including any other substance in which it is contained or with which it is mixed, that is specified in column 4 of that Part of that Schedule opposite to the name of that drug of dependence;
traffick in relation to a drug of dependence includes-
(a)prepare a drug of dependence for trafficking;
(b)manufacture a drug of dependence; or
(c)sell, exchange, agree to sell, offer for sale or have in possession for sale, a drug of dependence;
traffickable quantity, in relation to a drug of dependence-
(a)the name of which is specified in column 1 of Part 1 of Schedule Eleven, means the quantity that is specified in column 3 of that Part of that Schedule opposite to the name of that drug of dependence;
(b)the name of which is specified in column 1 of Part 2 of Schedule Eleven, means the quantity, or the number of plants, that is specified in column 3 of that Part of that Schedule opposite to the name of that drug of dependence;
(c)the name of which is specified in column 1 of Part 3 of Schedule Eleven-
(i)if that drug of dependence is contained in or mixed with another substance and the quantity of that mixture of drug of dependence and other substance is not less than the quantity specified in column 3 of that Part of that Schedule opposite to the name of that drug of dependence, means any amount of that drug of dependence; or
(ii)in any other case, means the quantity that is specified in column 3A of that Part of that Schedule opposite to the name of that drug of dependence;
use in relation to a drug of dependence means-
(a)smoke a drug of dependence;
(b)inhale the fumes caused by heating or burning a drug of dependence; or
(c)introduce a drug of dependence into the body of a person.
(2)The provisions of section 4(2) and (3) and the interpretations of manufacture, sell and supply in section 4(1) do not apply to this Part.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 71
Trafficking in a drug or drugs of dependence-large commercial quantity
71.Trafficking in a drug or drugs of dependence-large commercial quantity
A person who, without being authorized by or licensed under this Act or the regulations to do so, trafficks or attempts to traffick in a quantity of a drug of dependence or of 2 or more drugs of dependence that is not less than the large commercial quantity applicable to that drug of dependence or those drugs of dependence is guilty of an indictable offence and liable-
(a)to level 1 imprisonment (life); and
(b)in addition to imprisonment, to a penalty of not more than 5000 penalty units.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 71AA
Trafficking in a drug or drugs of dependence-commercial quantity
71AA.Trafficking in a drug or drugs of dependence-commercial quantity
A person who, without being authorized by or licensed under this Act or the regulations to do so, trafficks or attempts to traffick in a quantity of a drug of dependence or of 2 or more drugs of dependence that is not less than the commercial quantity applicable to that drug of dependence or those drugs of dependence is guilty of an indictable offence and liable to level 2 imprisonment (25 years maximum).
Drugs, Poisons and Controlled Substances Act 1981
- SECT 71AB
Trafficking in a drug of dependence to a child
71AB.Trafficking in a drug of dependence to a child
A person who, without being authorized by or licensed under this Act or the regulations to do so, trafficks or attempts to traffick in a drug of dependence to a child is guilty of an indictable offence and liable to level 3 imprisonment (20 years maximum).
Drugs, Poisons and Controlled Substances Act 1981
- SECT 71AC
Trafficking in a drug of dependence
71AC.Trafficking in a drug of dependence
A person who, without being authorized by or licensed under this Act or the regulations to do so, trafficks or attempts to traffick in a drug of dependence is guilty of an indictable offence and liable to level 4 imprisonment (15 years maximum).
Drugs, Poisons and Controlled Substances Act 1981
- SECT 71A
Possession of substance, material, documents or equipment for trafficking in a drug of dependence
71A.Possession of substance, material, documents or equipment for trafficking in a drug of dependence
(1)A person who, without being authorised by or licensed under this Act or the regulations to do so, possesses a substance, material, document containing instructions relating to the preparation, cultivation or manufacture of a drug of dependence or equipment with the intention of using the substance, material, document or equipment for the purpose of trafficking in a drug of dependence is guilty of an indictable offence and liable to level 5 imprisonment (10 years maximum).
(2)Nothing in this section is limited by section 71C.
(3)Nothing in this section is limited by section 71D.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 71B
Supply of drug of dependence to a child
71B.Supply of drug of dependence to a child
(1)A person who, without being authorised by or licensed under this Act or the regulations to do so-
(a)supplies a drug of dependence to a child for the purposes of the supply of that drug of dependence by that child to another person, whether a child or adult; or
(b)supplies a drug of dependence to a child for the use of that drug of dependence by that child-
is guilty of an indictable offence and liable to a penalty of not more than 1000 penalty units or level 4 imprisonment (15 years maximum) or both.
(2)Despite section 70(2), in this section supply has the same meaning as in section 4(1) of this Act.
(3)This section does not apply to a person who supplies a drug of dependence to a child if, at the time of supplying that drug, that person was also a child.
(4)It is a defence to a charge under this section for a person charged to prove that he or she believed on reasonable grounds that the person to whom the drug of dependence was supplied was 18 years of age or older.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 71C
Possession of tablet press
71C.Possession of tablet press
A person who, without being authorized by or licensed under this Act or the regulations (if any) to do so or otherwise without a lawful excuse, possesses a tablet press is guilty of an indictable offence and liable to a penalty of not more than 600 penalty units or level 6 imprisonment (5 years maximum) or both.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 71D
Possession of precursor chemicals
71D.Possession of precursor chemicals
A person who, without being authorized by or licensed under this Act or the regulations (if any) to do so or otherwise without a lawful excuse, possesses a prescribed precursor chemical in a quantity that is not less than the prescribed quantity applicable to that precursor chemical is guilty of an indictable offence and liable to a penalty of not more than 600 penalty units or level 6 imprisonment (5 years maximum) or both.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 72
Cultivation of narcotic plants-large commercial quantity
72.Cultivation of narcotic plants-large commercial quantity
A person who, without being authorized by or licensed under this Act or the regulations to do so, cultivates or attempts to cultivate a narcotic plant in a quantity of a drug of dependence, being a narcotic plant, that is not less than the large commercial quantity applicable to that narcotic plant is guilty of an indictable offence and liable-
(a)to level 1 imprisonment (life); and
(b)in addition to imprisonment, to a penalty of not more than 5000 penalty units.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 72A
Cultivation of narcotic plants-commercial quantity
72A.Cultivation of narcotic plants-commercial quantity
A person who, without being authorized by or licensed under this Act or the regulations to do so, cultivates or attempts to cultivate a narcotic plant in a quantity of a drug of dependence, being a narcotic plant, that is not less than the commercial quantity applicable to that narcotic plant is guilty of an indictable offence and liable to level 2 imprisonment (25 years maximum).
Drugs, Poisons and Controlled Substances Act 1981
- SECT 72B
Cultivation of narcotic plants
72B.Cultivation of narcotic plants
A person who, without being authorized by or licensed under this Act or the regulations to do so, cultivates or attempts to cultivate a narcotic plant is guilty of an indictable offence and liable-
(a)if the trial judge (or magistrate on a summary hearing) is satisfied on the balance of probabilities that the offence was not committed by the person for any purpose related to trafficking in that plant, to level 8 imprisonment (1 year maximum) or a penalty of not more than 20 penalty units or both; or
(b)in any other case, to level 4 imprisonment (15 years maximum).
Drugs, Poisons and Controlled Substances Act 1981
- SECT 72C
Defence to prosecution for offences involving cultivation
72C.Defence to prosecution for offences involving cultivation
It is a good defence to a prosecution for an offence against section 72, 72A or 72B involving the cultivation of a narcotic plant if the person charged with the offence adduces evidence which satisfies the court on the balance of probabilities that, having regard to all the circumstances (including his or her conduct) in which the matter alleged to constitute the offence arose or preparatory to the alleged commission of the offence, he or she did not know or suspect and could not reasonably have been expected to have known or suspected that the narcotic plant was a narcotic plant.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 73
Possession of a drug of dependence
73.Possession of a drug of dependence
(1)A person who without being authorized by or licensed under this Act or the regulations to do so has or attempts to have in his possession a drug of dependence is guilty of an indictable offence and liable-
(a)where the court is satisfied on the balance of probabilities that-
(i)the offence was committed in relation to a quantity of cannabis or tetrahydrocannabinol that is not more than the small quantity applicable to cannabis or tetrahydrocannabinol;
(ii)the offence was not committed for any purpose related to trafficking in cannabis or tetrahydrocannabinol-
to a penalty of not more than 5 penalty units;
(b)subject to paragraph (a), where the court is satisfied on the balance of probabilities that the offence was not committed by the person for any purpose relating to trafficking in that drug of dependence-to a penalty of not more than 30 penalty units or to level 8 imprisonment (1 year maximum) or to both that penalty and imprisonment; or
(c)in any other case-to a penalty of not more than 400 penalty units or to level 6 imprisonment (5 years maximum) or to both that penalty and imprisonment.
(2)Where a person has in his possession, without being authorized by or licensed under this Act or the regulations to do so, a drug of dependence in a quantity that is not less than the traffickable quantity applicable to that drug of dependence, the possession of that drug of dependence in that quantity is prima facie evidence of trafficking by that person in that drug of dependence.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 74
Introduction of a drug of dependence into the body of another person
74.Introduction of a drug of dependence into the body of another person
A person who, without being authorized by or licensed under this Act or the regulations to do so, introduces or attempts to introduce a drug of dependence into the body of another person is guilty of an offence against this Act and liable to a penalty of not more than 30 penalty units or to level 8 imprisonment (1 year maximum) or to both that penalty and imprisonment.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 75
Use of drug of dependence
75.Use of drug of dependence
A person who, without being authorized by or licensed under this Act or the regulations to do so uses or attempts to use a drug of dependence is guilty of an offence against this Act and liable-
(a)where the court is satisfied on the balance of probabilities that the offence was committed in relation to cannabis or tetrahydrocannabinol-to a penalty of not more than 5 penalty units; and
(b)in any other case-to a penalty of not more than 30 penalty units or to level 8 imprisonment (1 year maximum) or to both that penalty and imprisonment.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 76
Adjourned bonds to be given in certain cases
76.Adjourned bonds to be given in certain cases
(1)Where before the Magistrates' Court-
(a)in relation to cannabis-
(i)a person is charged with an offence under section 72B and at the hearing the court is satisfied on the balance of probabilities that the offence was not committed by the person for any purpose relating to trafficking in cannabis;
(ii)a person is charged with an offence under section 73 and at the hearing the court is satisfied on the balance of probabilities that the offence was not committed by the person for any purpose relating to trafficking in cannabis;
(iii)a person is charged with an offence under section 75; or
(iv)a person is charged with an offence under section 79 or section 80, being an offence that relates to an offence mentioned in subparagraphs (i), (ii) or (iii) of this paragraph and, where that last-mentioned offence relates to the possession or cultivation of cannabis, the court is satisfied on the balance of probabilities that the last-mentioned offence would not have been committed by the person for any purpose relating to trafficking in cannabis or the court is satisfied on the balance of probabilities that the last-mentioned offence would, if committed, have related to a quantity of cannabis which was not more than the small quantity applicable to cannabis; and
(ab)in relation to any drug of dependence specified in column 1 of Part 3 of Schedule Eleven-
(i)a person is charged with an offence under section 73 and at the hearing the court is satisfied on the balance of probabilities that the offence-
(A)was committed in relation to a quantity of that drug which was not more than the small quantity applicable to that drug; and
(B)was not committed for any purpose relating to trafficking in that drug; or
(ii)a person is charged with an offence under section 75 and at the hearing the court is satisfied on the balance of probabilities that the offence was committed in relation to a quantity of that drug which was not more than the small quantity applicable to that drug; or
(iii)a person is charged with an offence under section 79 or section 80, being an offence that relates to an offence mentioned in subparagraphs (i) or (ii), and the court is satisfied on the balance of probabilities that the last-mentioned offence-
(A)would, if committed, have been committed in relation to a quantity of that drug which was not more than the small quantity applicable to that drug; and
(B)would not have been committed for any purpose relating to trafficking in that drug; and
(b)a person mentioned in paragraph (a) or (ab) has not previously been convicted of an offence under-
(i)section 36B(2), Part III of this Act or this Part;
(ii)Part II or Part III of the Poisons Act 1962;
(iii)Part XVIII of the Health Act 1958;
(iv)a provision of the law of another State or Territory of the Commonwealth corresponding to any provision mentioned in subparagraphs (i), (ii) or (iii); or
(v)Division 2 of Part XIII of the Act of the Commonwealth known as the Customs Act 1901 as amended and in force for the time being; or
(vi)section 307.1, 307.2, 307.3, 307.4, 307.5, 307.6, 307.7, 307.8, 307.9 or 307.10 of the Criminal Code of the Commonwealth as amended and in force for the time being-
and has not previously been dealt with under this section; and
(c)in relation to a person mentioned in paragraph (a) or (ab) the court is satisfied beyond reasonable doubt that the person is guilty of the offence with which he is charged-
the court, without proceeding to conviction, shall having regard to the character and antecedents of the person and to all the circumstances and the public interest, adjourn the further hearing to a time and place to be fixed (such time being not more than twelve months thereafter) and allow the person charged to go at large upon his giving an undertaking under section 75(1) of the Sentencing Act 1991, unless the court considers it appropriate to proceed to a conviction.
(1A)If a person to whom subsection (1) applies is, on a charge for an offence in relation to a drug of dependence other than cannabis or tetrahydrocannabinol, released on giving an undertaking under section 75(1) of the Sentencing Act 1991, the court must attach to the undertaking a condition that the person completes an approved drug education and information program.
(2)Where subsection (1) applies to a person and the magistrates' court proceeds to a conviction, the court shall state its reasons for doing so.
(3)In determining whether a person has been previously convicted of an offence for the purposes of paragraph (b) of subsection (1), proceedings under the Children, Youth and Families Act 2005 or under any Act of the Commonwealth or of a State or Territory of the Commonwealth which corresponds to that Act shall be disregarded.
(4)A person or body may apply to the Secretary for approval for a program for the purposes of this section.
(5)An application under subsection (4) must be accompanied by the prescribed application fee.
(6)The Secretary-
(a)may grant an approval subject to any conditions, limitations or restrictions specified in the approval; and
(b)must specify the period during which an approval continues in force.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 77
Forging prescriptions and orders for drugs of dependence
77.Forging prescriptions and orders for drugs of dependence
A person shall not forge or attempt to forge or fraudulently alter or attempt to fraudulently alter or utter or attempt to utter knowing it to be forged or fraudulently altered a prescription or order for a drug of dependence.
Penalty: 20 penalty units or level 8 imprisonment (1 year maximum) or both.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 78
Obtaining drugs of dependence etc. by false representation
78.Obtaining drugs of dependence etc. by false representation
A person shall not knowingly by false representation, whether oral or in writing or by conduct-
(a)obtain or attempt to obtain a drug of dependence from a person authorized by or licensed under this Act or the regulations to possess, manufacture, sell or supply the drug of dependence;
(b)obtain or attempt to obtain a prescription or order for a drug of dependence from a registered medical practitioner, dentist, pharmacist or veterinary practitioner or a person authorized by this Act or the regulations to issue or possess the prescription or order;
(c)cause or induce or attempt to cause or induce a registered medical practitioner to administer by injection or otherwise, a drug of dependence to him; or
(d)cause or induce or attempt to cause or induce a pharmacist or a person authorized by this Act or the regulations to supply a drug of dependence, to dispense a prescription or order for a drug of dependence, if the first-mentioned person knew the prescription or the order to have been obtained in contravention of this Act or the regulations.
Penalty: 20 penalty units or level 8 imprisonment (1 year maximum) or both.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 79
Conspiring
79.Conspiring
(1)A person who conspires with another person or other persons to commit an offence against any provision of sections 71, 71AA, 71AB, 71AC, 71A, 71B, 72, 72A, 72B or 73 is guilty of an indictable offence and liable to the same punishment pecuniary penalties and forfeiture as if he has committed the first-mentioned offence.
(2)A person who conspires with another person or persons to commit an offence against any of the provisions of sections 74, 75, 77 or 78 is guilty of an offence against this Act and liable to the same punishment pecuniary penalties and forfeiture as if he has committed the first-mentioned offence.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 80
Aiding and abetting etc.
80.Aiding and abetting etc.
(1)A person who aids, abets, counsels, procures, solicits or incites the commission of an offence against any of the provisions of sections 71, 71AA, 71AB, 71AC, 71A, 71B, 72, 72A, 72B or 73 is guilty of an indictable offence and liable to the same punishment pecuniary penalties and forfeiture as if he has committed the relevant offence against any of the provisions of sections 71, 71AA, 71AB, 71AC, 71A, 71B, 72, 72A, 72B or 73.
(2)A person who aids, abets, counsels, procures, solicits or incites the commission of an offence against any of the provisions of sections 74, 75, 77 or 78 is guilty of an offence against this Act and liable to the same punishment pecuniary penalties and forfeiture as if he has committed the relevant offence against any of the provisions of sections 74, 75, 77 or 78.
(3)A person who in Victoria-
(a)conspires with another person or persons to commit; or
(b)aids, abets, counsels or procures the commission of-
an offence in any place outside Victoria being an offence punishable under the provisions of a corresponding law in force in that place shall be guilty of the same offence and liable to the same punishment pecuniary penalty and forfeiture as if the offence committed outside Victoria had been committed inside Victoria.
(4)A person who in Victoria does an act preparatory to the commission of an offence in a place outside Victoria being an offence under a law which is in relation to the provisions of sections 71, 71AA, 71AB, 71AC, 71A, 71B, 72, 72A, 72B, 73, 74, 75, 77 or 78 a corresponding law shall be guilty of the same offence and liable to the same punishment pecuniary penalty and forfeiture as if the first-mentioned offence were committed in Victoria.
(5)A person who sells or supplies a hypodermic needle or a syringe is not guilty of an offence under this section by reason only of that sale or supply-
(a)if the person is, or is engaged or employed by, a pharmacist and the sale or supply is made in the course of the lawful practice of a pharmacist; or
(b)if the sale or supply is by a specified person or organisation or specified class of persons or organisations in specified circumstances as authorised by Order in Council published in the Government Gazette.
(6)The Secretary must keep a list of all persons and organisations authorised under subsection (5)(b).
(7)The Secretary must ensure that-
(a)a copy of the list is kept available for inspection by members of the public during normal office hours without charge at the Secretary's principal office; and
(b)a copy of the list is made available, without charge, to any member of the public on request.
_______________
Drugs, Poisons and Controlled Substances Act 1981
- PART VA
PART VA
COCAINE KITS
Division 1-Cocaine kits
Drugs, Poisons and Controlled Substances Act 1981
- SECT 80A
What is a cocaine kit?
80A.What is a cocaine kit?
A cocaine kit is constituted by two or more of the following items packaged for use as a unit for the purposes of preparing for introduction, or for introducing, cocaine into the body of a person-
(a)a razor blade;
(b)a tube;
(c)a mirror;
(d)a scoop;
(e)a glass bottle;
(f)any other item for use together with any item referred to in paragraphs (a) to (e) to prepare for introduction, or to introduce, cocaine into the body of a person.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 80B
Offence to display a cocaine kit in a retail outlet
80B.Offence to display a cocaine kit in a retail outlet
(1)A person must not display a cocaine kit in a retail outlet.
Penalty: In the case of a natural person, 60 penalty units;
In the case of a body corporate, 300 penalty units.
(2)In this section, retail outlet includes-
(a)a shop;
(b)a market.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 80C
Offence to sell a cocaine kit
80C.Offence to sell a cocaine kit
A person must not sell a cocaine kit if the person selling the cocaine kit knows or is reckless as to whether the cocaine kit is sold for the purpose of preparing for introduction, or introducing, cocaine into the body of any person.
Penalty: In the case of a natural person, 60 penalty units;
In the case of a body corporate, 300 penalty units.
Note
See definition of sell in section 4(1).
Division 2-Enforcement
Drugs, Poisons and Controlled Substances Act 1981
- SECT 80D
Seizure of cocaine kits
80D.Seizure of cocaine kits
A member of the police force may seize a cocaine kit if he or she has reasonable grounds for suspecting that the cocaine kit is displayed or is for sale in contravention of this Part.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 80E
Retention and return of seized cocaine kits
80E.Retention and return of seized cocaine kits
(1)If a member of the police force seizes a cocaine kit under this Part, the member of the police force must take reasonable steps to return the cocaine kit to the person from whom it was seized or its lawful owner if the reason for its seizure no longer exists.
(2)If a cocaine kit seized under this Part has not been returned to the person from whom it was seized or its lawful owner within 3 months after it was seized, a member of the police force must take reasonable steps to return it to that person or owner unless-
(a)proceedings for the purpose for which the cocaine kit was retained have commenced within that 3 month period and those proceedings (including any appeal) have not been completed; or
(b)the Magistrates' Court makes an order under section 80F extending the period during which the cocaine kit may be retained.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 80F
Magistrates' Court may extend 3 month period
80F.Magistrates' Court may extend 3 month period
(1)A member of the police force may apply to the Magistrates' Court-
(a)within 3 months after a cocaine kit is seized under this Part; or
(b)if an extension has been granted under this section, before the end of the period of the extension-
for an extension (not exceeding 3 months) of the period during which the cocaine kit may be retained.
(2)The Magistrates' Court may make an order under this section if the Court is satisfied that-
(a)the making of the order is in the interests of justice; and
(b)the total period of retention does not exceed 12 months; and
(c)retention of the cocaine kit is necessary for the purposes of an investigation into whether a contravention of this Part has occurred.
(3)At least 7 days prior to the hearing of an application under this section, the applicant must give notice of the application to the person from whom the cocaine kit was seized or its lawful owner described in the application.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 80G
Forfeiture and destruction of seized cocaine kits
80G.Forfeiture and destruction of seized cocaine kits
(1)Subject to section 80E, any cocaine kit that a member of the police force has seized and retained under this Part is forfeited to the Crown if the member-
(a)cannot find the person from whom it was seized or its lawful owner, despite making reasonable enquiries; or
(b)cannot return it to the person from whom it was seized or its lawful owner, despite making reasonable efforts.
(2)Any cocaine kit forfeited to the Crown under subsection (1) may be destroyed in any manner the Minister thinks fit.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 80H
Court may order forfeiture to the Crown
80H.Court may order forfeiture to the Crown
A court which finds a person guilty of an offence against section 80B or 80C may order that the cocaine kit to which the offence relates-
(a)be forfeited to the Crown; and
(b)be destroyed in accordance with the order.
__________________
Drugs, Poisons and Controlled Substances Act 1981
- PART VI
PART VI
SEARCH SEIZURE AND FORFEITURE
Drugs, Poisons and Controlled Substances Act 1981
- SECT 81
Warrant to search premises
81.Warrant to search premises
(1)Any magistrate who is satisfied by evidence on oath or by affidavit of any member of the police force of or above the rank of sergeant or for the time being in charge of a police station that there is reasonable ground for believing that there is, or will be within the next 72 hours, on or in any land or premises-
(a)any thing in respect of which an offence under this Act or the regulations has been or is reasonably suspected to have been committed or is being or is likely to be committed within the next 72 hours;
(b)any thing which there is reasonable ground to believe will afford evidence of the commission of an offence under this Act or the regulations; or
(c)any document directly or indirectly relating to or concerning a transaction or dealing which is or would be, if carried out, an offence under this Act or the regulations or under a provision of a law in force in a place outside Victoria corresponding to Part V of this Act-
may at any time issue a warrant under his hand authorizing a member of the police force named in the warrant to enter and search the land or premises for any such thing or document and to seize and carry it before the Court so that the matter may be dealt with according to law.
(1A)A magistrate who issues a warrant under subsection (1), if satisfied on reasonable grounds by the evidence given under that subsection that the thing or document to which the warrant relates is also tainted property within the meaning of the Confiscation Act 1997, may, in that warrant, direct that the applicant hold or retain that thing or document as if it were tainted property seized under a warrant under section 79 of that Act as and from the date when that thing or document is no longer required for evidentiary purposes under this Act.
(1B)A direction under subsection (1A)-
(a)may only be made in relation to an offence under this Act which is a Schedule 1 offence within the meaning of the Confiscation Act 1997; and
(b)does not apply to a thing which may be destroyed or disposed of under subsection (3)(e).
(2)Every warrant under subsection (1) shall be in or to the effect of the form of Schedule Ten.
(3)A member of the police force to whom a warrant under subsection (1) is addressed may at any time or times by day or night but within one month from the date of the warrant and with such assistance as may be necessary-
(a)enter, if need be by force, the land or premises named in the warrant;
(b)arrest all persons on or in that land or those premises who are found offending against a provision of this Act or the regulations;
(c)search the land or premises or any vehicle boat or aircraft or any person found on or in that land or those premises or in any vehicle boat or aircraft thereon or therein; and
(d)seize and carry away or, unless a direction under subsection (1A) applies, deal with as mentioned in paragraph (e)-
(i)any thing in respect of which an offence under this Act or the regulations has been or is reasonably suspected to have been committed;
(ii)any thing which there is reasonable ground to believe will afford evidence of the commission of an offence under this Act or the regulations; and
(iii)any document directly or indirectly relating to or concerning a transaction or dealing which is or would be, if carried out, an offence against this Act or the regulations or under a provision of a law in force in a place outside Victoria corresponding to a provision of Part V of this Act; and
(e)if-
(i)the thing is-
(A)a drug of dependence or a substance that contains a drug of dependence; or
(B)a poison or controlled substance; or
(C)an instrument, device or substance that is or has been used or is capable of being used for or in the cultivation, manufacture, sale or use or in the preparation for cultivation, manufacture, sale or use of a drug of dependence; and
(ii)an analyst or botanist within the meaning of section 120 certifies in writing to the member of the police force executing the warrant that destruction or disposal of the thing is required in the interests of health or safety-
destroy or dispose of the thing after taking, where practicable, any samples of it as are required for the purposes of this Act.
(4)Where a member of the police force to whom a warrant is addressed executes the warrant he shall as soon as practicable after executing the warrant-
(a)endorse the warrant to that effect; and
(b)cause to be lodged with the registrar of the Magistrates' Court at the venue nearest to the land or premises where the warrant was executed a report signed by the member and containing particulars of-
(i)all searches undertaken;
(ii)all persons arrested; and
(iii)all things and documents seized and carried away; and
(iv)all samples taken; and
(v)all things destroyed or disposed of-
in execution of the warrant.
(4A)If a direction under subsection (1A) was made, a report referred to in subsection (4)(b) must also include particulars of whether a seized thing or document is being held or retained as if it were tainted property within the meaning of the Confiscation Act 1997 seized under a warrant under section 79 of that Act.
(5)On application in that behalf by a person made to the Magistrates' Court at the venue at which a report has been lodged pursuant to subsection (4), the Court may make an order authorizing the person to inspect the report if the person satisfies the Court that he is-
(a)a person who was arrested in the course of the execution of the warrant;
(b)the owner or occupier of premises upon which the warrant was executed; or
(c)the owner of the property seized and carried away in the execution of the warrant; or
(d)the owner of property destroyed or disposed of in execution of the warrant.
(6)If a sample of a thing referred to in subsection (3)(e) taken in execution of a warrant is sufficient to enable an analysis or examination to be made both in the investigation of an offence and on behalf of a person arrested in the course of the execution of the warrant, a part of the sample taken sufficient for analysis or examination must, on request by the person arrested, be delivered to an analyst or botanist within the meaning of section 120 nominated by that person.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 81A
Notice that seized thing or document is being held for purposes of Confiscation Act 1997
81A.Notice that seized thing or document is being held for purposes of Confiscation Act 1997
(1)If a thing or document seized under a warrant issued under section 81 to which a direction under section 81(1A) applies is no longer required for evidentiary purposes under this Act, the person to whom that warrant was issued must give notice to all persons known to have an interest in that thing or document that the thing or document is being held or retained as if it were tainted property seized under a warrant under section 79 of the Confiscation Act 1997.
(2)A notice under subsection (1) must be-
(a)given within 7 days after the thing or document is no longer required for evidentiary purposes under this Act; and
(b)in the prescribed form.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 81B
Application for tainted property to be held or retained-return of warrant to court
81B.Application for tainted property to be held or retained-return of warrant to court
(1)When a thing or document is brought before the Magistrates' Court to be dealt with according to law in accordance with the warrant issued under section 81 under which that thing or document was seized, the member of the police force to whom the warrant was addressed or another member of the police force may apply to the Court for a direction that the thing or document so seized be held or retained as if it were tainted property seized under a warrant under section 79 of the Confiscation Act 1997.
(2)An application may only be made under subsection (1) if a direction under section 81(1A) was not made in relation to the warrant when it was issued.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 81C
Court may make direction
81C.Court may make direction
(1)On an application under section 81B, if the Court is satisfied on reasonable grounds that the thing or document seized under the warrant issued under section 81 is tainted property within the meaning of the Confiscation Act 1997, the Court may direct that the thing or document be held or retained by the member of the police force as if it were tainted property seized under a warrant under section 79 of that Act.
(2)A direction under this section takes effect on and from the date that the thing or document is no longer required for evidentiary purposes under this Act.
(3)In determining whether the thing or document which is the subject of the application is in fact tainted property within the meaning of the Confiscation Act 1997, the Court may require the applicant to provide any information that the Court considers necessary.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 81D
Notice of direction under section 81C
81D.Notice of direction under section 81C
(1)If the Magistrates' Court makes a direction under section 81C, the applicant for the direction must give notice to all persons known to have an interest in the thing or document to which the direction applies that the thing or document is being held or retained as if it were tainted property seized under a warrant under section 79 of the Confiscation Act 1997 by virtue of a direction made under section 81C.
(2)A notice under subsection (1) must be-
(a)given within 7 days after the thing or document is no longer required for evidentiary purposes under this Act; and
(b)in the prescribed form.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 81E
Effect of directions under sections 81(1A) and 81C
81E.Effect of directions under sections 81(1A) and 81C
If a direction has been made under section 81(1A) or 81C, the thing or document to which the direction applies-
(a)is deemed, on and from the date on which the thing or document is no longer required for evidentiary purposes under this Act, to have been seized as tainted property under a warrant under section 79 of the Confiscation Act 1997; and
(b)is to be dealt with under that Act accordingly.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 82
Search without warrant
82.Search without warrant
Where a member of the police force has reasonable grounds for suspecting that-
(a)on or in a vehicle in or upon a public place;
(b)on an animal in a public place;
(c)in the possession of a person in a public place;
(d)on or in a boat or vessel, underway or not; or
(e)on or in an aircraft-
there is a drug of dependence in respect of which an offence has been committed or is reasonably suspected to have been committed under a provision of Part V, the member may with such assistance as he thinks necessary-
(f)search the vehicle, animal, person, boat vessel or aircraft;
(g)seize and carry away any instrument device or substance which he reasonably believes to be used or capable of being used for or in the manufacture, sale, preparation for manufacture, preparation for sale, or use of any drug of dependence;
(h)seize and carry away the drug of dependence-
and deal with it according to law.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 83
Forfeiture of drug of dependence or substance before conviction
83.Forfeiture of drug of dependence or substance before conviction
(1)Upon application in that behalf by a member of the police force the Magistrates' Court may upon proof that-
(a)a substance is or contains a drug of dependence or a poison or controlled substance; or
(b)an instrument, device or substance is an instrument, device or substance that is or has been used or is capable of being used for or in the cultivation, manufacture, sale or use or in the preparation for cultivation, manufacture, sale or use of a drug of dependence-
and upon such notice being given to such persons as the court directs, order that the instrument or device or the whole or any part or parts of the substance, drug of dependence or poison or controlled substance be forfeited to Her Majesty and either destroyed or disposed of in such manner as is provided in the order, and may also make a finding of fact as to-
(c)the quantity of the drug of dependence, substance or poison or controlled substance produced to, or inspected by, the court, the quantity ordered to be destroyed or disposed of, the quantity remaining, and the fact that what remains is part of what was produced to, or inspected by, the court; or
(d)the nature of any instrument or device produced to, or inspected by, the court-
and may also order that the quantity remaining of the substance, drug of dependence or poison or controlled substance be forfeited to Her Majesty and either destroyed or disposed of in such manner as is provided in the order when no longer required for the purpose of any subsequent proceedings.
(1A)The Magistrates' Court has power-
(a)to give any directions; or
(b)to authorise the Minister to give any appropriate directions-
necessary to give effect to any order made by it under subsection (1).
(2)Where a finding of fact is made under subsection (1), production in any subsequent proceedings of an order containing the finding of fact shall be conclusive evidence of the matters to which the finding relates.
(3)In subsection (1) cultivation, in relation to a drug of dependence that is a narcotic plant, includes-
(a)the sowing of a seed of a narcotic plant; and
(b)the planting, growing, tending, nurturing or harvesting of a narcotic plant; and
(c)the grafting, dividing or transplanting of a narcotic plant.
(4)Without limiting the manner in which evidence may be given on an application under subsection (1), the Court may inspect any place, process or thing.
(5)If an order is made under subsection (1) requiring the destruction or disposal of an instrument or device or the whole or any part of any substance, drug of dependence or poison or controlled substance, the order may be executed before the end of any appeal period applicable under section 90 if a sample of the thing to be destroyed or disposed of is taken in accordance with this Act and kept until the end of that appeal period and the determination of any appeal made within that period.
*****
*****
Drugs, Poisons and Controlled Substances Act 1981
- SECT 90
Appeals
90.Appeals
(1)Notwithstanding anything to the contrary in any other Act a person (including the Crown) affected by an order made under section 83 may appeal against the decision as if the order were or were part of a sentence imposed on conviction for the drug related offence to which the order relates, being a sentence which is not fixed by law and against which an appeal may be brought.
(2)Notwithstanding anything to the contrary in any other Act, a person (including the Crown) affected by the refusal or failure of the Magistrates' Court to make an order under section 83 may appeal in accordance with Rules of court against that failure or refusal.
(3)On an appeal under subsection (1) the court to which the appeal is made may confirm vary or revoke the order to which the appeal relates.
(4)An appeal under subsection (2) shall be by way of a re-hearing, and the court may in relation to the hearing and determination of the appeal exercise any powers which by or under this Act are conferred on a court in relation to the hearing and determination of an application for an order of the kind to which the appeal relates.
(5)Where an appeal under subsection (1) is made by the Crown, proceedings on the appeal shall be instituted and conducted in the name of the Crown by the Director of Public Prosecutions.
(6)An appeal under this section may be heard with any other appeal against the conviction or sentence for the drug related offence which is the subject-matter of the first-mentioned appeal.
(7)A person's right of appeal under this section is in addition to any other right of appeal which the person may have.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 91
Destruction of drugs of dependence-health and safety interests
91.Destruction of drugs of dependence-health and safety interests
(1)Without limiting this Part, if a member of the police force carrying out a function under this Act or any other Act or law-
(a)enters-
(i)any public land for the purposes of searching that land or premises on that land or any vehicle, boat, vessel or aircraft on that land or on those premises; or
(ii)any land or premises other than public land or premises on public land with the written or oral permission of either the owner or occupier of that land or those premises for the purposes of searching that land or premises or any vehicle, boat, vessel or aircraft on that land or on those premises; and
(b)finds on that land or those premises-
(i)a drug of dependence or a substance that contains a drug of dependence; or
(ii)a poison or controlled substance; or
(iii)an instrument, device or substance that is or has been used or is capable of being used for or in the cultivation, manufacture, sale or use or in the preparation for cultivation, manufacture, sale or use of a drug of dependence; and
(c)an analyst or botanist within the meaning of section 120 certifies in writing to the member of the police force that destruction or disposal of the thing is required in the interests of health or safety-
the drug of dependence, poison, controlled substance, instrument, device or substance, as the case requires, may be destroyed or disposed of in accordance with this section.
(2)For the purposes of this section, the Chief Commissioner of Police or a delegated police officer may authorise the destruction or disposal of, or cause to be destroyed or disposed of, a thing referred to in sub-section (1)(b) after causing to be taken, where practicable, any samples of it as are required for the purposes of this Act.
(3)A thing referred to in sub-section (1)(b)-
(a)may be disposed of or destroyed on the land or premises on which the thing was found, if practicable; or
(b)if it is not practicable to comply with paragraph (a), may be seized and carried away for disposal or destruction at another place.
(4)If a sample of a thing referred to in sub-section (1)(b) taken in accordance with sub-section (2) is sufficient to enable an analysis or examination to be made both in the investigation of an offence against a provision of Part V and on behalf of a person charged with that offence, on request by that person or that person's legal representative, a part of the sample taken sufficient for analysis or examination must be delivered to an analyst or botanist within the meaning of section 120 nominated by that person or that person's legal representative.
(5)Without limiting any other power under this Act, the Chief Commissioner of Police or a delegated police officer may authorise the disposal or destruction of, or cause to be destroyed or disposed of, any sample of a thing referred to in sub-section (1)(b) taken in accordance with this section where that sample of that thing is no longer required for the purpose of any subsequent proceedings.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 92
Delegated police officers
92.Delegated police officers
(1)The Chief Commissioner of Police may delegate, either generally or in a particular case, the function under section 91 of disposing of or destroying a thing referred to in section 91(1)(b) to-
(a)a member of the police force of or above the rank of superintendent; or
(b)a class of member of the police force of or above the rank of superintendent.
(2)A delegation under sub-section (1) must be in writing.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 93
Certificate and report to be provided to Chief Commissioner of Police
93.Certificate and report to be provided to Chief Commissioner of Police
(1)If a delegated police officer destroys or disposes of a thing referred to in section 91(1)(b) in accordance with section 91(2), the officer must, as soon as practicable after doing so, provide the Chief Commissioner of Police with-
(a)a copy of the certificate of health and safety destruction or disposal; and
(b)a written report containing the details required by sub-section (3).
(2)If the Chief Commissioner of Police destroys or disposes of a thing referred to in section 91(1)(b) in accordance with section 91(2), the Chief Commissioner of Police must, as soon as practicable after doing so, ensure that a copy of the certificate of health and safety destruction or disposal and a written report containing the details required by sub-section (3) are made and retained.
(3)A written report under sub-section (1) or (2) must contain the following-
(a)details of the samples that were taken; and
(b)details of the things that were seized, destroyed or disposed of; and
(c)details of the circumstances surrounding the seizure, destruction and disposal.
(4)The Chief Commissioner of Police must keep a copy, or cause a copy to be kept, of each certificate of health and safety destruction or disposal and each report provided to the Chief Commissioner of Police in accordance with sub-section (1) or made and retained under sub-section (2).
Drugs, Poisons and Controlled Substances Act 1981
- SECT 94
Request for copies
94.Request for copies
(1)The following persons may request in writing a copy of a report or a certificate of health and safety destruction or disposal kept by the Chief Commissioner of Police under section 93-
(a)the owner or occupier of land or premises referred to in section 91(1)(a)(ii) at the time when anything referred to in section 91(1)(b) was seized, disposed of or destroyed in accordance with section 91 or that person's legal representative;
(b)the owner of any vehicle, boat, vessel or aircraft on land or premises referred to in paragraph (a) at the time when any thing referred to in section 91(1)(b) was seized, disposed of or destroyed in accordance with section 91 or that person's legal representative;
(c)a person charged with an offence against a provision of Part V in respect of anything referred to in section 91(1)(b) which was seized, disposed of or destroyed in accordance with section 91 or that person's legal representative.
(2)The Chief Commissioner of Police must, as soon as practicable after a request under sub-section (1), cause that person to be provided with a copy of the report or the certificate of health and safety destruction or disposal requested.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 95
Director, Police Integrity to inspect and report
95.Director, Police Integrity to inspect and report
(1)The Director, Police Integrity within the meaning of the Police Integrity Act 2008 must, at least once each financial year, inspect the certificates of health and safety destruction or disposal and reports held by the Chief Commissioner of Police under section 93 for the purpose of reporting on the operation of that section.
(2)The Director, Police Integrity within the meaning of the Police Integrity Act 2008 must report the results of an inspection under sub-section (1) to the Minister for Police and Emergency Services.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 96
Annual reports
96.Annual reports
(1)As soon as practicable after the end of each calendar year, the Chief Commissioner of Police must submit a report to the Minister for Police and Emergency Services that includes the following information-
(a)the number of certificates of health and safety destruction or disposal which are provided to the Chief Commissioner of Police under section 93; and
(b)any other information relating to the seizure, disposal and destruction of things referred to in section 91(1)(b) that the Minister considers appropriate.
(2)The Minister for Police and Emergency Services must cause a report under sub-section (1) to be laid before each House of the Parliament within 12 sitting days of that House after it is received by the Minister.
*****
_______________
Drugs, Poisons and Controlled Substances Act 1981
- PART VII
PART VII
PROCEEDINGS
Drugs, Poisons and Controlled Substances Act 1981
- SECT 102
Identity of seller of substances
102.Identity of seller of substances
For the purposes of this Act other than Part V any person on whose behalf a sale or supply is made shall be deemed to be the person who sells or supplies, and where a sale or supply is made by an employee assistant or apprentice of a person, that employee assistant or apprentice shall be liable to the like penalties as the person on whose behalf he makes any sale.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 103
Offences by corporations
103.Offences by corporations
(1)In this section, officer-
(a)in relation to a corporation within the meaning of the Corporations Act, has the same meaning as in section 9 of that Act; and
(b)in relation to a corporation that is not a corporation within the meaning of that Act, means any person (by whatever name called) who is concerned or takes part in the management of the corporation-
but does not include an employee of the corporation.
(2)If a corporation is guilty of an offence against this Act, any officer of the corporation who was in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the commission of the offence is also guilty of that offence and liable to the penalty for that offence.
(3)If in a proceeding for an offence against this Act it is necessary to establish the intention of a corporation, it is sufficient to show that a servant or agent of the corporation had that intention.
(4)A statement made by an officer of a corporation is admissible as evidence against the corporation in any proceeding against the corporation for an offence against this Act.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 104
Burden of proof
104.Burden of proof
In any proceedings against any person for an offence against this Act the burden of proving any matter of exception qualification or defence shall lie upon the person seeking to avail himself thereof.
*****
*****
_______________
*****
_______________
Drugs, Poisons and Controlled Substances Act 1981
- PART IX
PART IX
EVIDENTIARY
Drugs, Poisons and Controlled Substances Act 1981
- SECT 118
List of licences and permits
118.List of licences and permits
(1)The Secretary must keep a list of the persons holding current licences, permits or warrants under this Act except licences, permits or warrants under section 34 or 56 or authorities under Part IVA.
(2)The list must contain-
(a)the full name and the residential or business address of each holder of a licence, permit or warrant; and
(b)any other prescribed particulars.
(3)The Secretary must ensure that a copy of the list is kept available for inspection by members of the public during normal office hours without charge, at the Secretary's principal office.
(4)The Secretary may take any steps that he or she considers appropriate to bring the existence of the list to the notice of members of the public.
(5)In any proceedings the production of a document certified in writing purporting to be signed by the Secretary and purporting to be a copy of or an extract from the list as at a particular date is evidence and, in the absence of evidence to the contrary is proof-
(a)of the matters stated; and
(b)that at that date the persons whose names appear in the document held current licences, permits or warrants under this Act.
(6)In any proceedings, the absence of a person's name from a document that complies with subsection (5) is evidence and in the absence of evidence to the contrary is proof that on the relevant date the person was not the holder of a licence, permit or warrant under this Act and that is required to be listed under this section.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 119
Evidentiary
119.Evidentiary
In any legal proceedings under this Act-
(a)the production of a copy of the Government Gazette containing the several registers as last published in relation to the time in question of registered medical practitioners pharmacists dentists or veterinary practitioners shall if the name of the defendant does not appear in any of such registers be prima facie evidence that he is not a registered medical practitioner or a pharmacist dentist veterinary practitioner;
(b)a certificate that any person is or is not or was or was not on a certain date or for a certain period a registered medical practitioner shall if purporting to be signed by the President or any 2 members of the Medical Practitioners Board of Victoria be prima facie evidence of the facts therein stated;
(c)a certificate that any person is or is not or was or was not on a certain date or for a certain period a pharmacist shall if purporting to be signed by the registrar of the Pharmacy Board of Victoria be prima facie evidence of the facts therein stated;
(d)a certificate that any person is or is not or was or was not on a certain date or for a certain period a registered dentist shall if purporting to be signed by the registrar of the Dental Board of Victoria be prima facie evidence of the facts therein stated;
(e)a certificate that any person is or is not or was or was not on a certain date or for a certain period a veterinary practitioner shall if purporting to be signed by the registrar of the Veterinary Practitioners Registration Board of Victoria be prima facie evidence of the facts therein stated;
(ea)a certificate that any person is or is not or was or was not on a certain date or for a certain period a holder of an authority under Part IVA, if purporting to be signed by the Secretary of the Department of Primary Industries, shall be prima facie evidence of the facts therein stated;
(f)a certificate that any person is or is not or was or was not on a certain date or for a certain period a person who holds a licence permit warrant or authority under this Act shall if purporting to be signed by the Secretary be prima facie evidence of the facts therein stated.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 120
Analyst's etc. certificates
120.Analyst's etc. certificates
(1)In any legal proceedings for an offence against this Act the production of a certificate purporting to be signed by an analyst or by a botanist with respect to any analysis or examination made by him shall, without proof of the signature of the person appearing to have signed the certificate or that he is an analyst or botanist (as the case requires) be sufficient evidence-
(a)in the case of a certificate purporting to be signed by an analyst, of the identity or quantity or both the identity and quantity of the thing analysed, of the result of the analysis and of the matters relevant to such proceedings stated in the certificate; and
(b)in the case of the certificate purporting to be signed by a botanist, of the identity or quantity or both the identity and quantity of the thing examined.
(2)The provisions of subsection (1) do not apply-
(a)if a copy of the certificate was not served on the defendant at least seven days before the hearing; or
(b)if the defendant, at least three days before the hearing, gave notice in writing personally or by post to the informant and to the analyst or botanist (as the case requires) that he requires the analyst or botanist to attend as a witness.
(3)For the purpose of subsection (2) a copy of the certificate shall be deemed to be served on the defendant under paragraph (a) if-
(i)not less than ten days before the hearing a copy of the certificate is lodged with the court of hearing which is hereby authorized to make such copy available to the defendant; and
(ii)notice in writing has been given to the defendant that a copy of such certificate will be so lodged with the court.
(4)Service of a copy of a certificate for the purposes of this section may be effected and proved-
(a)in any manner in which service of a summons may be effected and proved; or
(b)where the certificate was served with the summons and proof of service of the summons is by affidavit, by stating in the affidavit that a copy of the certificate was served with the summons.
(5)Where an analysis or examination has been carried out for the purpose of any legal proceedings for an offence against this Act the court may, in addition to any other order as to costs, make such order as it thinks proper-
(a)as to the expenses of and remuneration to be paid for the analysis or examination; and
(b)where the analyst or botanist has been required by the defendant to attend as a witness, as to the conduct money of the analyst or botanist.
(6)In this section-
analyst means a person employed by the Government of Victoria as an analyst or a person of a prescribed class employed or approved under a prescribed law of another State or Territory;
botanist means the chief botanist or his or her delegate under the Royal Botanic Gardens Act 1991 or a person of a prescribed class employed or approved under a prescribed law of another State or Territory.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 121
Evidentiary effect of certain statements
121.Evidentiary effect of certain statements
For the purposes of this Act a statement of the quantity of the poison or controlled substance or the proportion which the poison or controlled substance bears to the total ingredients of a preparation shall be expressed in accordance with one of the forms specified in Schedule Twelve.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 122
Proof that a substance is poison etc.
122.Proof that a substance is poison etc.
In any prosecution for a contravention of or failure to comply with any provision of this Act or any regulations thereunder, whenever it is necessary or proper to provide in respect of any particular article or substance that it is a poison or controlled substance then in every such case-
(a)evidence that any substance commonly sold under the same name or description as the said particular article or substance is a poison or controlled substance shall be prima facie evidence that the said particular article or substance also conforms to the same description accordingly; and
(b)evidence that any particular article or substance or the container thereof is labelled "Poison" or "Poisonous, not to be taken" or "Schedule 1" or "Schedule 2" or "Schedule 3" or "Schedule 4" or "Schedule 5" or "Schedule 6" or "Schedule 7" "Schedule 8" or "Schedule 9" or (whether alone or in combination with any other words or symbols) "S. 1", "S. 2", "S. 3", "S. 4", "S. 5", "S. 6", "S. 7", "S. 8" or "S. 9" shall be prima facie evidence that the particular article or substance is a poison or controlled substance.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 122A
Evidence of market value of drugs of dependence
122A.Evidence of market value of drugs of dependence
(1)In any proceedings under this Act or the regulations or under the Confiscation Act 1997-
(a)a member of the police force; or
(b)any other person-
whom the court is satisfied is experienced-
(c)in the investigation of offences under section 71, 71AA, 71AB, 71AC, 71A, 71B, 72, 72A, 72B, 73, 79(1) or 80(1) of this Act; or
(d)in the assessment of the market value of drugs of dependence-
may give evidence in accordance with subsection (2).
(2)A person mentioned in subsection (1) may give evidence to the best of that person's information, knowledge and belief, of the market value of a drug of dependence at a particular time or during a particular period, despite any rule of law or practice relating to hearsay evidence.
(3)Any evidence given under this section is, in the absence of evidence to the contrary, conclusive evidence of the matters testified to.
Drugs, Poisons and Controlled Substances Act 1981
- SECT 123
General offence
123.General offence
Every person who contravenes or fails to comply with any provision of this Act or any regulation made under this Act shall be guilty of an offence against this Act and if no penalty is expressly provided with respect to such offence shall be liable to a penalty of not more than 100 penalty units.
_______________
*****
_______________
Drugs, Poisons and Controlled Substances Act 1981
- PART XI
PART XI
REGULATIONS
$$T
Drugs, Poisons and Controlled Substances Act 1981
- SECT 129
Regulations
129.Regulations
(1)For the purpose of preventing the improper use of drugs of dependence and Schedule 1 poisons, Schedule 4 poisons, Schedule 8 poisons and Schedule 9 poisons or any preparation of them or any of them the Governor in Council may make regulations for or with respect to regulating or controlling the manufacture sale possession administration use supply distribution and storage of those substances and preparations and in particular, without affecting the generality of the foregoing provisions of this section or of any other provisions of this Act, for or with respect to-
(a)regulating the issue by registered medical...