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Acts and enactments mentioned in the table to this subsection, to the extent to which they are therein expressed to be repealed are hereby repealed accordingly. TABLE Number of Act Title of Act Extent of Amendment or Repeal 6889 Poisons Act 1962 So much as has not already been repealed. 7065 Statute Law Revision Act 1963 Items in Schedule relating to the Poisons Act 1962. 7588 Poisons (Amendment) Act 1967 The whole. 7703 Abolition of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.
S. 4(1) def. of authorised practitioner inserted by No. 18/2000 s. 96(1), amended by Nos 11/2002 s. 3(Sch. 1 item 16.1), 80/2004 s. 150(Sch. 2 item 2.1(a)), repealed by No. 97/2005 s. 178(1), new def. of authorised practitioner inserted by No. 97/2005 s. 178(2), repealed by No. 13/2010 s. 35(1)(a). * * * * * S. 4(1) def. of authorized officer amended by Nos 10262 s. 4, 46/1998 s. 7(Sch. 1), 37/2014 s. 10(Sch. item 47.1(c)). authorized officer means a person authorized by the Secretary under section 41 and any police officer; S. 4(1) def. of automatic machine amended by No. 9/1998 s. 10(a)(i). 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;
(b) despite the definition of substance in this section, does not include that substance when contained in or mixed with another substance; S. 4(1) def. of category 3 precursor apparatus inserted by No. 55/2009 s. 7. category 3 precursor apparatus means an item or class of item prescribed as a category 3 precursor apparatus; S. 4(1) def. of certificate of health and safety destruction or disposal inserted by No. 52/2006 s. 4. certificate of health and safety destruction or disposal means a certificate given by an analyst or a botanist under section 91(1)(c); S. 4(1) def. of Chief General Manager inserted by No. 10262 s. 4, substituted by No. 42/1993 s. 35(b), repealed by No. 46/1998 s. 7(Sch. 1). * * * * * S. 4(1) def. of child inserted by No. 66/2017 s. 4. child, in Part IIA, means a person under 18 years of age; S. 4(1) def. of Commission repealed by No. 10262 s. 4. * * * * *
natural or synthetic, and the salts, analogues, derivatives and isomers of that drug and any salt of those analogues, 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, analogues, 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 analogue, derivative or isomer mentioned in subparagraph (ii)— contained in or mixed with another substance; S. 4(1) def. of end user declaration inserted by No. 55/2009 s. 7. end user declaration means a declaration required for the purposes of section 80J, 80L or 80M, as the case requires; S. 4(1) def. of functional group inserted by No. 9/2014 s. 3(2). functional group, of a drug, means any of the following where attached to an oxygen, nitrogen, sulphur, phosphorous or carbon atom of the drug— (a) an aryl, alkoxy, cyclic diether, carbonyl, acyl, carboxylic acid, acyloxy, alkylamino or dialkylamino group with up to 6 carbon atoms in any alkyl residue; (b) an alkyl, alkenyl or alkynyl group with up to 6 carbon atoms in the group;
S. 4(1) def. of medicinal cannabis cultivation licence inserted by No. 20/2016 s. 101(1). medicinal cannabis cultivation licence means a cultivation licence within the meaning of the Access to Medicinal Cannabis Act 2016; S. 4(1) def. of medicinal cannabis licence inserted by No. 20/2016 s. 101(1). medicinal cannabis manufacturing licence means a manufacturing licence within the meaning of the Access to Medicinal Cannabis Act 2016; S. 4(1) def. of medicinal cannabis product inserted by No. 20/2016 s. 101(1). medicinal cannabis product has the same meaning as it has in the Access to Medicinal Cannabis Act 2016; S. 4(1) def. of medicinal poison repealed by No. 42/1993 s. 35(a). * * * * * S. 4(1) def. of mobile facility inserted by No. 75/2014 s. 4. mobile facility means a trailer or vehicle suitably fitted out or containing equipment and apparatus for the manufacture, sale and supply of a perishable pest animal bait that is a Schedule 7 poison to which a mobile facility licence relates; S. 4(1) def. of mobile facility licence inserted by No. 75/2014 s. 4. mobile facility licence means a licence issued under section 19(6);
S. 4(1) def. of regulated poison inserted by No. 42/1993 s. 35(g). 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; S. 4(1) def. of restricted substance repealed by No. 42/1993 s. 35(a). * * * * * S. 4(1) def. of Schedule 1 Poison inserted by No. 42/1993 s. 35(h). Schedule 1 Poison means a substance in Schedule 1 in the Poisons List; S. 4(1) def. of Schedule 2 Poison inserted by No. 42/1993 s. 35(h), amended by Nos 74/2004 s. 6(2)(a), 75/2014 s. 10(2)(b). Schedule 2 Poison means a substance in Schedule 2 of the Poisons Standard; S. 4(1) def. of Schedule 3 Poison inserted by No. 42/1993 s. 35(h), amended by Nos 74/2004 s. 6(2)(b), 75/2014 s. 10(2)(c). Schedule 3 Poison means a substance in Schedule 3 of the Poisons Standard;
S. 4(2)(b) substituted by No. 80/2004 s. 150(Sch. 2 item 2.2), amended by Nos 97/2005 s. 182(Sch. 4 item 16.1(b)), 39/2010 s. 119(b). (b) premises used for sale by retail in circumstances approved under Part 3 of the Pharmacy Regulation Act 2010; or S. 4(2)(c) inserted by No. 80/2004 s. 150(Sch. 2 item 2.2), amended by Nos 97/2005 s. 182(Sch. 4 item 16.1(c)), 39/2010 s. 119(c). (c) a pharmacy department approved under Part 3 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. S. 4(3) inserted by No. 10002 s. 8(2), repealed by No. 48/1997 s. 36(2), new s. 4(3) inserted by No. 18/2000 s. 96(2). (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.
S. 12A(1) amended by No. 74/2004 s. 7(1)(a). (1) The Poisons List may contain— S. 12A(1)(a) substituted by No. 74/2004 s. 7(1)(b), amended by Nos 97/2005 s. 182(Sch. 4 item 16.3), 27/2012 s. 11. (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 Board of Australia under the Health Practitioner Regulation National Law or authorised under another Act, being Schedule 1 poisons; and S. 12A(1)(b) amended by Nos 74/2004 s. 7(1)(c), 75/2014 s. 12(1). (b) a list of any of the substances in Schedule 1 of the Poisons List or Schedules 2 to 9 of the Poisons Standard or the Appendices to the Poisons 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 S. 12A(1)(c) amended by Nos 74/2004 s. 7(1)(d), 75/2014 s. 12(2). (c) a list of exemptions from Schedule 1 of the Poisons List or Schedules 2 to 9 of the Poisons Standard. S. 12A(2) repealed by No. 74/2004 s. 7(2). * * * * * (3) The Poisons List may specify— S. 12A(3)(a) repealed by No. 74/2004 s. 7(3). * * * * * S. 12A(3)(b) amended by No. 75/2014 s. 12(3)(a). (b) any substance in the list of substances that are not for general sale by retail by
(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. S. 12C inserted by No. 42/1993 s. 38. 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. S. 12D (Heading) inserted by No. 75/2014 s. 14(1). S. 12D inserted by No. 42/1993 s. 38. 12D Incorporation of the Poisons Standard S. 12D(1) amended by No. 75/2014 s. 14(2). (1) Any part of the Poisons 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. S. 12D(2) amended by No. 75/2014 s. 14(3). (2) To the extent that it is incorporated by reference in the Poisons Code, the Poisons Standard forms part of that Code. S. 12D(3) amended by No. 75/2014 s. 14(4). (3) Subject to subsection (4), if any part of the Poisons 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. S. 12D(4) amended by No. 75/2014 s. 14(5). (4) If part of the Poisons Standard, as in force from time to time, is incorporated by reference in 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. S. 12K inserted by No. 42/1993 s. 38. 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. S. 12K(2) amended by No. 75/2014 s. 17. (2) If the Poisons Code incorporates by reference a part of the Poisons 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. S. 12L inserted by No. 42/1993 s. 38, amended by No. 46/1998 s. 7(Sch. 1). 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
S. 13(3A) inserted by No. 18/2000 s. 99(3), amended by No. 97/2005 s. 179(1)(e), substituted by No. 13/2010 s. 37(3), amended by No. 27/2012 s. 12(3). (3A) If a registered Chinese herbal dispenser sells or supplies by wholesale a Schedule 1 poison to any other registered Chinese herbal dispenser in accordance with an endorsement of that other dispenser's registration under section 94 of the Health Practitioner Regulation National Law for use by the other registered Chinese herbal dispenser in the lawful practice of his or her profession as a registered Chinese herbal dispenser, 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. S. 13(4) inserted by No. 42/1993 s. 39(2), substituted by No. 9/1998 s. 5(2). (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. S. 13(4A) inserted by No. 74/2004 s. 3. (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. S. 13(4B) inserted by No. 74/2004 s. 3. (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.
S. 13(4C) inserted by No. 74/2004 s. 3. (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. S. 13(5) inserted by No. 18/2000 s. 99(4), substituted by No. 13/2010 s. 37(4), amended by No. 27/2012 s. 12(4)(5). (5) Despite subsection (1)(a), a registered medical practitioner or pharmacist who is also a registered Chinese medicine practitioner or registered 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. S. 13(6) inserted by No. 80/2004 s. 150(Sch. 2 item 2.4), amended by Nos 97/2005 s. 179(1)(f), 39/2010 s. 120. (6) A person who is licensed to carry on a pharmacy business or pharmacy depot under Part 3 of the Pharmacy Regulation Act 2010 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. S. 13A inserted by No. 18/2000 s. 100. 13A Chinese medicine practitioners and herbal dispensers must establish therapeutic need S. 13A(1) amended by No. 13/2010 s. 38(a). (1) A registered Chinese medicine 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
Pt 2 Div. 4 (Heading and s. 19) amended by Nos 10002 s. 16(d)–(g), 10262 s. 4, 42/1993 s. substituted as Pt 2 Div. 4 (Heading and ss 19–22C) by No. 12/1994 s. 9. Division 4—Licences, permits and warrants S. 18A inserted by No. 74/2004 s. 11. 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. S. 19 substituted by No. 12/1994 s. 9. 19 Issue of licences, permits and warrants S. 19(1) amended by No. 46/1998 s. 7(Sch. 1). (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. S. 19(3) amended by No. 46/1998 s. 7(Sch. 1). (3) Subject to this Act and the regulations, the Secretary may, in his or her discretion—
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; S. 20(1)(e) substituted by No. 74/2004 s. 4(3). (e) sell or supply by wholesale any Schedule 2 poison, Schedule 3 poison, Schedule 4 poison or Schedule 7 poison; S. 20(1)(f) substituted by No. 9/1998 s. 4(1)(a), amended by No. 75/2014 s. 6(2). (f) sell or supply by retail any Schedule 2 poison. S. 20(1)(g) repealed by No. 9/1998 s. 4(1)(b). * * * * * S. 20(2) repealed by No. 9/1998 s. 4(2), new s. 20(2) inserted by No. 75/2014 s. 6(3). (2) A mobile facility licence authorises a person to do all or any of the following— (a) to manufacture and sell or supply by wholesale any perishable pest animal bait that is a 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) at a mobile facility location to which the mobile facility licence relates; (b) to manufacture and sell or supply by retail any perishable pest animal bait that is a 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) at a mobile facility location to which the mobile facility licence relates.
S. 22H inserted by No. 17/2008 s. 5. 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. Pt 2 Div. 6 (Heading and s. 21) amended by Nos 10002 s. 16(h), 10262 s. 4, repealed by No. 12/1994 s. 9. * * * * * Pt 2 Div. 7 (Heading and s. 22) amended by Nos 10002 s. 16(i)(i)–(iii), 10262 s. 4, 42/1993 s. 43(a)–(d), repealed by No. 12/1994 s. 9. * * * * * Division 8—Manufacture and sale of poisons or controlled substances S. 23 amended by No. 10002 s. 16(j), substituted by No. 12/1994 s. 11. 23 Manufacture, sale and supply of poisons or controlled substances by wholesale S. 23(1) amended by No. 20/2016 s. 105(1). (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
S. 27A(1)(b) amended by No. 75/2014 s. 19(1). (b) in the case of any other poison or controlled substance, the Poisons Standard. 20 penalty units. S. 27A(1A) inserted by No. 74/2004 s. 14(1). (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 S. 27A(1A)(b) amended by No. 75/2014 s. 19(2). (b) in the case of any other poison or controlled substance, the Poisons Standard. 20 penalty units. S. 27A(2) amended by No. 74/2004 s. 14(2). (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. 20 penalty units. S. 27A(2A) inserted by No. 74/2004 s. 14(3). (2A) A person must not sell or supply a poison or controlled substance (other than a Schedule 1 poison)— S. 27A(2A)(a) amended by No. 75/2014 s. 19(3). (a) which the person has stored or packaged otherwise than in accordance with the Poisons Standard; or S. 27A(2A)(b) amended by No. 75/2014 s. 19(3). (b) which the person knows to have been stored or packaged otherwise than in accordance with the Poisons Standard. 20 penalty units.
S. 37(2) amended by Nos 16/1986 s. 30, 57/1989 s. 3(Sch. item 59.2(a)–(c)). (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 S. 38 substituted by Nos 42/1993 s. 48, 12/1994 s. 14, amended by No. 18/2000 s. 105(a). 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. S. 38A inserted by No. 42/1993 s. 48, amended by No. 12/1994 s. 16(1). 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. S. 39 repealed by No. 12/1994 s. 16(2). * * * * *
S. 41(3) amended by Nos 10262 s. 4, 46/1998 s. 7(Sch. 1). (3) The Secretary may in writing revoke or vary an authority given under subsection (1). S. 41(4) amended by Nos 10262 s. 4, 42/1993 s. 50(2), 46/1998 s. 7(Sch. 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. S. 41(5) repealed by No. 10002 s. 5(2)(c), new s. 41(5) inserted by No. 66/2017 s. 5. (5) Without limiting subsection (1), an authority under that subsection may be limited to the exercise and performance of powers, duties, and functions of an authorized officer for the purposes of Part IIA and any regulations made for the purposes of that Part. 42 Inspections S. 42(1) amended by No. 20/2016 s. 115(1). (1) For the purpose of ascertaining whether the provisions of this Act and the regulations or the Access to Medicinal Cannabis Act 2016 and the regulations under that Act (other than any provision that relates to a medicinal cannabis cultivation licence or a medicinal cannabis manufacturing licence) 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; S. 42(1)(ab) inserted by No. 20/2016 s. 115(2). (ab) enter upon any premises (other than residential premises) occupied by any person authorised by or under the Access to Medicinal Cannabis Act 2016 or the regulations under that Act (other than any provision that relates to a medicinal cannabis manufacturing licence) to have in
(4) The Minister must cause a copy of the review to be tabled before each House of the Parliament as soon as practicable after the review is completed. S. 55Q inserted by No. 66/2017 s. 7. 55Q Regulations for this Part (1) The Governor in Council may make regulations for or with respect to— (a) prescribing standards for the operation of the licensed medically supervised injecting centre; (b) prescribing the content and use of internal management protocols; (c) prescribing a drug of dependence, or a class of drug of dependence, as an injecting centre drug; (d) prescribing permitted quantities of injecting centre drugs; (e) prescribing matters relating to the use, supply, possession or administration of injecting centre drugs and permitted quantities of injecting centre drugs; (f) qualifications or experience of persons engaged in the operation of the licensed medically supervised injecting centre, including, but not limited to, staff of the centre; (g) functions of persons engaged in the operation of the licensed medically supervised injecting centre, including, but not limited to, staff of the centre; (h) prescribing any other matter or thing required to be prescribed by this Part or necessary to be prescribed to give effect to this Part. (2) Regulations made under this section—
(a) shall remain in force for such period as is specified in the permit; S. 56(12)(b) amended by Nos 10262 s. 4, 46/1998 s. 7(Sch. 1). (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. S. 56(13) amended by No. 12/1994 s. 17(1). (13) The provisions of sections 22A, 22C, 37(1) and 37(2) shall not apply to any licence granted under this section. S. 56(14) amended by No. 10002 s. 14(e). (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 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.
Pt 3A (Heading and ss 56A–56F) inserted by No. 40/2017 s. 8. S. 56A inserted by No. 40/2017 s. 8. 56A Definitions (1) In this Part— advertisement means— (a) any words, whether written or spoken; or (b) any pictorial representation or design; or (c) any other representation by any means at all; produce means make, prepare, process, extract, refine, package or label. (2) The definition of label in section 4(1) does not apply to this Part. S. 56B inserted by No. 40/2017 s. 8. 56B Burden of proof Section 104 does not apply to an offence against this Part. S. 56C inserted by No. 40/2017 s. 8. 56C Representation that not for human consumption not a defence It is not a defence to a charge for an offence against this Part that any labelling of, or representation made about, a substance indicates that it is not for human consumption.
S. 60BA inserted by No. 43/2011 s. 20. 60BA Protective services officer may exercise police powers under this Division S. 60BA(1) amended by No. 37/2014 s. 10(Sch. item 47.4(a)). (1) Subject to subsection (3), a protective services officer on duty at a designated place may exercise all the powers and has all the responsibilities given to or imposed on a police officer under this Division other than section 60M(4) and (5). S. 60BA(2) amended by No. 37/2014 s. 10(Sch. item 47.4(a)). (2) Any reference in this Division to an action taken by a police officer includes any action taken by a protective services officer exercising the powers of a police officer in reliance on subsection (1). (3) A protective services officer may only exercise the powers under this Division in relation to a person who is at, or in the vicinity of, a designated place. (4) Subsection (5) applies if a protective services officer— (a) has detained a person who is under 18 years of age under section 60L; and (b) after taking all reasonable steps, has been unable to release the person into the care of a suitable person in accordance with section 60M(3). (5) The protective services officer— (a) may release the detained person; or S. 60BA(5)(b) amended by No. 37/2014 s. 10(Sch. item 47.4(a)). (b) subject to section 60M(2), may continue to detain the person until the person can be handed into the custody of a police officer. (6) In taking an action under subsection (5), a protective services officer must take the action
S. 60H(1) amended by No. 37/2014 s. 10(Sch. item 47.10(a)). (1) Subject to subsection (2), before a police officer commences a search of a person under section 60E or 60F, the police officer must— S. 60H(1)(a) amended by No. 37/2014 s. 10(Sch. item 47.10(a)(ii)). (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 police officer 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 S. 60H(1)(b) amended by No. 37/2014 s. 10(Sch. item 47.10(a)(ii)). (b) request the person to produce to the police officer any volatile substance or item used to inhale a volatile substance that is in the person's possession or under the person's control. S. 60H(2) amended by No. 37/2014 s. 10(Sch. item 47.10(b)). (2) A police officer is not required to comply with subsection (1) if the police officer 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. S. 60I inserted by No. 55/2003 s. 4. 60I Request for explanation before seizure of volatile substances and items used to inhale volatile substances
S. 60I(1) amended by No. 37/2014 s. 10(Sch. item 47.11(a)). (1) Subject to subsection (2), if, during the course of conducting a search of a person under section 60E or 60F, a police officer detects a volatile substance or item used to inhale a volatile substance, the police officer must ask the person why he or she is carrying or possessing that volatile substance or item. S. 60I(2) amended by No. 37/2014 s. 10(Sch. item 47.11(b)). (2) A police officer is not required to comply with subsection (1) if the police officer 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. S. 60J inserted by No. 55/2003 s. 4, amended by No. 37/2014 s. 10(Sch. item 47.12). 60J Seizure of volatile substances and items used to inhale when explanation given A police officer 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 police officer 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.
S. 60K inserted by No. 55/2003 s. 4, amended by No. 37/2014 s. 10(Sch. item 47.13(a)). 60K Seizure of volatile substances and items used to inhale when no explanation given A police officer 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 S. 60K(b) amended by No. 37/2014 s. 10(Sch. item 47.13(b)). (b) the police officer 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. S. 60L inserted by No. 55/2003 s. 4. 60L Apprehension and detention S. 60L(1) amended by No. 37/2014 s. 10(Sch. item 47.14(a)). (1) A police officer may apprehend and detain a person if the police officer 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
S. 60Q(1) amended by No. 37/2014 s. 10(Sch. item 47.18). (1) A police officer who conducts a search under section 60E must make a written record of the search containing the prescribed particulars. S. 60Q(2) amended by No. 37/2014 s. 10(Sch. item 47.18). (2) A police officer who conducts a search under section 60F must make a written record of the search containing the prescribed particulars. S. 60Q(3) amended by No. 37/2014 s. 10(Sch. item 47.18). (3) A police officer 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. S. 60Q(4) amended by No. 37/2014 s. 10(Sch. item 47.18). (4) A police officer 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. S. 60Q(5) amended by No. 37/2014 s. 10(Sch. item 47.18). (5) A police officer who apprehends and detains a person under section 60L must make a written record of the apprehension and detention containing the prescribed particulars. S. 60Q(6) amended by No. 37/2014 s. 10(Sch. item 47.18). (6) A police officer 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) to undertake an activity authorised under the poppy processing licence. Penalty: 100 penalty units. (3) A licensed grower must not permit any other person to enter the area of land where alkaloid poppies are being cultivated unless that other person is accompanied at all times— (a) by the licensed grower; or (b) by an employee of the licensed grower who is employed to undertake an activity authorised under the poppy cultivation licence; or (c) by an inspector. Penalty: 100 penalty units. (4) A licensed processor must not permit any other person to enter the specified premises unless the other person is accompanied at all times— (a) by the licensed processor; or (b) by an employee of the licensed processor who is employed to undertake an activity authorised under the poppy processing licence; or (c) by an inspector. Penalty: 100 penalty units. S. 69SF inserted by No. 13/2014 s. 4. 69SF Offence to fail to carry and produce identification certificate (1) An employee of a licensed grower or a licensed processor who has been issued with an employee identification certificate must carry the certificate with him or her during the performance of any activity authorised under the relevant licence. Penalty: 60 penalty units.
Pt 6 (Heading and ss 70–101) substituted as Pt 5 (Heading and ss 70–80) and Pt 6 (Heading and ss 81–90) by No. 10002 s. 7(1). Pt 5 (Heading) amended by No. 52/2006 s. 7. S. 70 substituted by No. 10002 s. 7(1). 70 Definitions S. 70(1) amended by No. 101/1986 s. 55(1)(c). (1) In this Part and Part VI, unless inconsistent with the context or subject-matter— S. 70(1) def. of aggregated commercial quantity inserted by No. 61/2001 s. 4(1), amended by No. 52/2006 s. 8(1)–(4). 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—
S. 71A inserted by No. 48/1997 s. 39, amended by No. 52/2006 s. 9(1) (ILA s. 39B(1)). 71A Possession of substance, material, documents or equipment for trafficking in a drug of dependence S. 71A(1) amended by Nos 20/2016 s. 123, 2/2016 s. 8(1). (1) A person who, without being authorised by or licensed under this Act or the regulations or the Access to Medicinal Cannabis Act 2016 or the regulations under that Act to do so, possesses a substance, material, document containing instructions relating to the preparation, cultivation or trafficking 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). S. 71A(2) inserted by No. 52/2006 s. 9(1). (2) Nothing in this section is limited by section 71C. S. 71A(3) inserted by No. 52/2006 s. 9(2). (3) Nothing in this section is limited by section 71D. S. 71A(4) inserted by No. 2/2016 s. 8(2). (4) Nothing in this section is limited by section 71E.
Pt 5A (Heading and ss 80A–80H) inserted by No. 18/2006 s. 3. Division 1—Cocaine kits S. 80A inserted by No. 18/2006 s. 3. 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. S. 80B inserted by No. 18/2006 s. 3. 80B Offence to display a cocaine kit in a retail outlet (1) A person must not display a cocaine kit in a retail outlet. 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.
See definition of sufficient proof of identity of receiver in section 4(1). (b) either— (i) has an account with the supplier through which the receiver pays for the supply of category 2 precursor chemicals; or (ii) if cash is used, gives the supplier an end user declaration containing the prescribed particulars. In the case of a natural person, 30 penalty units; In the case of a body corporate, 150 penalty units. S. 80M inserted by No. 55/2009 s. 8. 80M Supply of category 3 precursor apparatus A person (the supplier) must not supply a category 3 precursor apparatus to another person (the receiver) unless the receiver— (a) provides sufficient proof of identity of receiver to the supplier; and Note See definition of sufficient proof of identity of receiver in section 4(1). (b) either— (i) has an account with the supplier through which the receiver pays for the supply of category 3 precursor apparatus; or (ii) if cash is used, gives the supplier an end user declaration containing the prescribed particulars. In the case of a natural person, 30 penalty units;
S. 81(8) def. of public place repealed by No. 40/2017 s. 13. * * * * * vehicle includes motor vehicle, aircraft, boat and vessel. S. 81A inserted by No. 63/2003 s. 47. 81A Notice that seized thing or document is being held for purposes of Confiscation Act 1997 S. 81A(1) amended by Nos 25/2009 s. 6(8), 37/2014 s. 10(Sch. item 47.39). (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 police officer who executed the warrant 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. S. 81B inserted by No. 63/2003 s. 47. 81B Application for tainted property to be held or retained—return of warrant to court
S. 81B(1) amended by Nos 25/2009 s. 6(9), 37/2014 s. 10(Sch. item 47.39). (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 police officer who executed the warrant or another police officer 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. S. 81C inserted by No. 63/2003 s. 47. 81C Court may make direction S. 81C(1) amended by No. 37/2014 s. 10(Sch. item 47.39). (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 police officer 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.
S. 129(1)(aa) inserted by No. 10002 s. 13(1)(b), amended by Nos 23/1994 s. 118(Sch. 1 item 17.16), 58/1997 s. 96(Sch. item 3.4), 56/1996 s. 100(6)(b), 94/2000 s. 52(1)(b), 18/2000 s. 106(1)(c), 11/2002 s. 3(Sch. 1 item 16.2 (a)(b)), 13/2010 s. 45(1), 14/2012 s. 8(1). (aa) prohibiting either absolutely or subject to conditions the issue by registered medical practitioners, registered Chinese medicine practitioners, registered optometrists, nurse practitioners, registered nurses, registered midwives, veterinary practitioners and dentists of prescriptions or orders or classes of prescriptions or orders for any such substance or preparation; S. 129(1)(ab) inserted by No. 10002 s. 13(1)(b), amended by No. 18/2000 s. 106(1)(d). (ab) prohibiting either absolutely or subject to conditions the dispensing by pharmacists or registered Chinese herbal dispensers of prescriptions or orders or classes of prescriptions or orders for any such substance or preparation; S. 129(1)(b) amended by No. 10002 s. 13(1)(c). (b) requiring persons engaged in the manufacture sale supply dispensing, administration, prescription and distribution of any such substance or preparation to keep books and records and furnish information in writing or otherwise; S. 129(1)(ba) inserted by No. 17/2006 s. 5. (ba) regulating, for the purposes of Division 10A of Part II, the administration of drugs of dependence, Schedule 9 poisons, Schedule 8 poisons and Schedule 4 poisons to residents of aged care services; (c) the custody accumulation administration use supply and storage of any such substance or preparation;
S. 132(zb) amended by No. 42/1993 s. 55(d). (zb) prescribing the manner in which Schedule 3 poisons may be dispensed by pharmacists and the keeping of records of each transaction effected by a pharmacist; S. 132(zc) amended by Nos 42/1993 s. 55(e)(i)(ii), 23/1994 s. 118(Sch. 1 item 17.18(a)), 74/2000 s. 3(Sch. 1 item 38.6), 94/2000 s. 52(4)(e), 13/2010 s. 47(f), 14/2012 s. 9(2)(e). (zc) regulating and controlling the dispensing and sale or supply of Schedule 4 poisons by pharmacists without a prescription from a registered medical practitioner, nurse practitioner, registered nurse, registered midwife, registered optometrist, registered podiatrist, dentist or veterinary practitioner in emergency circumstances to the extent that the quantity of any Schedule 4 poison so dispensed sold or supplied does not exceed three days medication or, where a Schedule 4 poison is or is contained in a pre-packed pharmaceutical preparation, the minimum standard package containing the preparation; S. 132(zca) inserted by No. 42/1993 s. 54(3), amended by No. 75/2014 s. 23. (zca) amending the Poisons Standard in so far as it is incorporated in the Poisons Code; S. 132(zcb) inserted by No. 42/1993 s. 54(3), repealed by No. 74/2004 s. 17, new s. 132(zcb) inserted by No. 52/2006 s. 15. (zcb) for the purposes of Part V, prescribing precursor chemicals and the prescribed quantity of any precursor chemical, including different quantities for different chemicals; S. 132(zcc) inserted by No. 55/2009 s. 9(1). (zcc) without limiting this section, for the purposes of Part VB, prescribing— (i) category 1 precursor chemicals; (ii) category 2 precursor chemicals; (iii) category 3 precursor apparatus;
Sch. 11 substituted by No. 10002 s. 8(1), amended by S.R. No. 1/1985 (paras (1)–(9)), substituted by S.R. No. 268/1985, amended by No. 101/1986 s. S.R. Nos 138/1989 (para. (3)(a) (b)), 314/1990 (para. 69/1993 para. (3)(a)(b), No. 48/1997 ss 45(1) (a)–(h)(2), 46, S.R. Nos 107/1999 regs 3(1) (a)–(e)(2), 4, 85/2000 reg. 3, Nos 61/2001 s. 8, 63/2003 s. 49, 74/2004 s. 19(a)(b), 52/2006 ss 18–20 (as amended by No. 79/2006 s. 87), 57/2012 ss 5–7, 9/2014 ss 13–17, 40/2017 ss 20–23. Part 1 Column 1 Column 2 Column 3 Drug Quantity of pure drug Quantity of pure drug Kilograms Grams ACETORPHINE 20 N-ACETYLAMPHETAMINE 20 20 ACETYLDIHYDROCODEINE 100 1000 ACETYLMETHADOL 20 N-ACETYLMETHYLAMPHETAMINE 20 20 ALPRAZOLAM 05 ANILERIDINE 250 BARBITURATES 20 500 1, 4-BENZODIAZEPINES not included elsewhere in this Part 100 BENZOXAZOCINES 20 500 BENZETHIDINE 100 BENZYLMORPHINE 50 BEZITRAMIDE 50 BROMAZEPAM 30 05 05 05 05 * * * * * BUFOTENINE 20 BUTORPHANOL 15 20 CHLORAL HYDRATE 20 500 CHLORDIAZEPOXIDE 50 20 20 Column 1 Column 2 Column 3
Assent Date: 14.10.03 Commencement Date: Ss 3, 13(1) on 15.10.03: s. 2(1) Current State: This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981 Crimes (Controlled Operations) Act 2004, No. 16/2004 Assent Date: 18.5.04 Commencement Date: S. 53 on 2.11.08: Government Gazette 30.10.08 p. 2530 Current State: This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981 Drugs, Poisons and Controlled Substances and Therapeutic Goods (Victoria) Acts (Amendment) Act 2004, No. 74/2004 Assent Date: 9.11.04 Commencement Date: Ss 3–19 on 10.11.04: s. 2 Current State: This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981 Pharmacy Practice Act 2004, No. 80/2004 Assent Date: 16.11.04 Commencement Date: S. 150(Sch. 2 item 2) on 1.7.05: s. 2(3) Current State: This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981 Major Crime Legislation (Seizure of Assets) Act 2004, No. 87/2004 Assent Date: 23.11.04 Commencement Date: S. 25 on 1.1.05: s. 2(2) Current State: This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981 Public Administration Act 2004, No. 108/2004 Assent Date: 21.12.04 Commencement Date: S. 117(1)(Sch. 3 item 60) on 5.4.05: Government Gazette 31.3.05 p. 602 Current State: This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981 Road Safety and Other Acts (Vehicle Impoundment and Other Amendments) Act 2005, No. 93/2005