2 Repeals and revocations s. 2 (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Acts and enactments mentioned in the table to this subsection, to the extent to which they are therein expressed to be repealed are hereby repealed accordingly. TABLE Number of Act Title of Act Extent of Amendment or Repeal 6889 Poisons Act 1962 So much as has not already been repealed. 7065 Statute Law Revision Act 1963 Items in Schedule relating to the Poisons Act 1962. 7588 Poisons (Amendment) Act 1967 The whole. 7703 Abolition of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.
S. 3(2)(b) repealed by No. 42/1993 s. 34. * * * * * S. 3(3) repealed by No. 10087 s. 3(1)(Sch. 1 item 39). * * * * * S. 3(4) amended by No. 10087 s. 3(1)(Sch. 1 item 39). (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. S. 3(5)(6) repealed by No. 42/1993 s. 34. * * * * * (7) Except as is in this Act expressly or by necessary implication provided— s. 3 (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Act continue to have the same status, operation and effect as they respectively would have had if that Act had not been repealed; and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) 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; s. 4 S. 4(1) def. of dangerous poison repealed by No. 42/1993 s. 35(a). * * * * * S. 4(1) def. of date of supply inserted by No. 55/2009 s. 7. date of supply, in Part VB, means the date a category 1 precursor chemical, a category 2 precursor chemical or a category 3 precursor apparatus, as the case requires, leaves the premises of the person who supplied it; S. 4(1) def. of declared testing facility inserted by No. 9/2014 s. 4. declared testing facility means a facility declared by the Chief Commissioner of Police under section 97;
S. 4(1) def. of label amended by No. 42/1993 s. 35(d). 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— s. 4 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; S. 4(1) def. of licence amended by No. 10002 s. 5(2)(b). 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; S. 4(1) def. of medical practitioner repealed by No. 23/1994 s. 118(Sch. 1 item 17.1(a)). * * * * * S. 4(1) def. of medicinal poison repealed by No. 42/1993 s. 35(a). * * * * * S. 4(1) def. of narcotic plant repealed by No. 10002 s. 2(b). * * * * *
S. 4(1) def. of registered optometrist inserted by No. 56/1996 s. 100(1), repealed by No. 97/2005 s. 178(1), new def. of registered optometrist inserted by No. 97/2005 s. 178(2), substituted by No. 13/2010 s. 35(1)(e), amended by No. 29/2011 s. 3(Sch. 1 item 30). registered optometrist means a person registered under the Health Practitioner Regulation National Law to practise in the optometry profession (other than as a student); s. 4 S. 4(1) def. of registered podiatrist inserted by No. 97/2005 s. 178(2), substituted by No. 13/2010 s. 35(1)(e). registered podiatrist means a person registered under the Health Practitioner Regulation National Law to practise in the podiatry profession (other than as a student); 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). * * * * *
Commonwealth standard in section 4(1), to give effect to that new standard. S. 12E(1A) inserted by No. 68/1996 s. 10(1). (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. S. 12E(1B) inserted by No. 18/2000 s. 98. (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 amend, revoke, substitute or insert substances in Schedule 1 in the Poisons List. S. 12E(1C) inserted by No. 74/2004 s. 8(2). (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). S. 12E(1D) inserted by No. 74/2004 s. 8(2). (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). S. 12E(2) amended by No. 68/1996 s. 10(2). (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. S. 12F inserted by No. 42/1993 s. 38. 12F Status of the Poisons Code s. 12F S. 12F(1) amended by No. 9/1998 s. 10(b). (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. S. 12F(3) repealed by No. 68/1996 s. 11. * * * * * S. 12G inserted by No. 42/1993 s. 38. 12G Procedure for preparation of the Poisons Code s. 12G (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 . (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—
S. 13(1)(ba) inserted by No. 94/2000 s. 49(1), amended by No. 97/2005 s. 179(1)(a), substituted by No. 13/2010 s. 37(1)(a). (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 relevant category of nurse practitioner in the lawful practice of his or her profession as a nurse practitioner; and S. 13(1)(bb) inserted by No. 13/2010 s. 37(1)(a). (bb) any registered nurse whose registration is endorsed under section 94 of the Health Practitioner Regulation National Law 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 relevant category of nurse in the lawful practice of his or her profession as a registered nurse; and S. 13(1)(bc) inserted by No. 14/2012 s. 5(1). s. 13 (bc) any registered midwife whose registration is endorsed under section 94 of the Health Practitioner Regulation National Law 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 and specified in the endorsement in the lawful practice of his or her profession as a registered midwife; and S. 13(1)(c) inserted by No. 56/1996 s. 100(2), amended by Nos 18/2000 s. 99(2), 97/2005 s. 179(1)(b), 13/2010 s. 37(1)(b). (c) any registered optometrist whose registration is endorsed under section 94 of the Health Practitioner Regulation National Law 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
(iii) as formulated, issued, prescribed or published from time to time. S. 14A(3) amended by Nos 13/2010 s. 40(5), 27/2012 s. 14. (3) Without limiting the Minister's powers under subsection (1) or (1A), the Minister may grant or refuse to grant an approval under this section on the application of the relevant National Health Practitioner Board established by the Health Practitioner Regulation National Law. S. 14A(4) amended by No. 13/2010 s. 40(6). (4) The Minister may amend or revoke an approval under this section. S. 14A(5) inserted by No. 13/2010 s. 40(7). (5) An approval made under this section takes effect on the date of publication of the notice in the Government Gazette or on such later date as is specified in the notice. Division 3—Poisons Advisory Committee S. 15 amended by Nos 10002 ss 4(d), 16(c), 10262 s. 4, 42/1993 s. 40(1)(a)(b), 23/1994 s. 118(Sch. 1 items 17.6(a)–(d), 17.7), 46/1992 s. 78(2)(a) (as amended by No. 73/1994 s. 56(1)(b))(b) (as amended by No. 73/1994 s. 56(1)(c)), substituted by No. 68/1996 s. 13. 15 Establishment and membership of Poisons Advisory Committee s. 15 (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— S. 15(2)(a) amended by No. 46/1998 s. 7(Sch. 1). (a) one is to be the Secretary or his or her nominee who is also to be the chairperson;
S. 15D inserted by No. 68/1996 s. 13. 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. S. 15E inserted by No. 68/1996 s. 13. 15E Co-opted members s. 15D (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. S. 15E(3) amended by No. 46/1998 s. 7(Sch. 1). (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.
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— S. 20(3A)(a) amended by No. 97/2005 s. 179(6) (as amended by No. 29/2006 s. 3(Sch. 1 item 14.5)). (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. S. 20(5) inserted by No. 18/2000 s. 102. (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. New s. 21 inserted by No. 12/1994 s. 9. 21 Duration of a licence, permit or warrant s. 21 (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. New s. 22 inserted by No. 12/1994 s. 9. 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.
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. S. 27 amended by Nos 10002 s. 16(m), 42/1993 s. 45(3), 9/1998 s. 5(4). 27 of poisons or controlled substances by persons other than manufacturers etc. s. 27 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. S. 27A inserted by No. 42/1993 s. 46. 27A Offences concerning labelling and other matters S. 27A(1) substituted by No. 74/2004 s. 14(1). (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. 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
Pt 2 Div. 10 (Heading) substituted by No. 10002 s. 5(2)(e), amended by No. 42/1993 s. 47(2). Division 10—Drugs of dependence, Schedule 8 poisons, Schedule 9 poisons and Schedule 4 poisons Pt 2 Div. 10 Subdiv. 1 (Heading and new s. 31) inserted by No. 17/2008 s. 6. Subdivision 1—Introductory matters and records New s. 31 inserted by No. 17/2008 s. 6. 31 Definitions s. 31 (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;
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. 10 penalty units. S. 36B(2) amended by No. 42/1993 s. 47(9). (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. 10 penalty units. S. 36B(3) amended by No. 42/1993 s. 47(9). (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. Pt 2 Div. 10A (Heading and ss 36C–36F) inserted by No. 17/2006 s. 4. Division 10A—Administration of medication in aged care services S. 36C inserted by No. 17/2006 s. 4. 36C Effect of this Division s. 36C 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. S. 36D inserted by No. 17/2006 s. 4. 36D Definitions In this Division— approved provider has the same meaning as it has in the Aged Care Act 1997 of the Commonwealth;
S. 36F inserted by No. 17/2006 s. 4, substituted by No. 13/2010 s. 44. 36F Registered nurse to have regard to code or guideline A registered 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 or guideline (if any) issued by the Nursing and Midwifery Board of Australia under the Health Practitioner Regulation National Law. Division 11—Appeals 37 Appeals s. 36F S. 37(1) amended by Nos 10262 s. 4, 16/1986 s. 30, 57/1989 s. 3(Sch. item 59.1), 46/1998 s. 7(Sch. 1). (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. 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— 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;
(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 . S. 55(5) amended by No. 10002 s. 14(d). (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. s. 55 _______________ 56 Manufacture of heroin etc. s. 56 S. 56(1) amended by Nos 10262 s. 4, 46/1998 s. 7(Sch. 1). (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 licence is in force. S. 56(3) amended by Nos 10262 s. 4, 46/1998 s. 7(Sch. 1). (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.
S. 56(11) amended by Nos 10262 s. 4, 46/1998 s. 7(Sch. 1), 12/1999 s. 4(Sch. 2 item 4.1). (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). s. 56 (12) A permit under subsection (9) or subsection (10)— (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 s. 56
(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. S. 69F inserted by No. 54/1997 s. 5. 69F General powers of inspectors s. 69F (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—
(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; s. 69M (h) leave any matter to be approved or determined by the Secretary or an inspector. __________________ Pt 4B (Heading and ss 69N–69V) inserted by No. 13/2014 s. 4. Division 1—Preliminary S. 69N inserted by No. 13/2014 s. 4. 69N Definitions s. 69N In this Part— alkaloid poppy means a plant or any part of a plant whether fresh or dried of— (a) Papaver bracteatum Lindley; or (b) Papaver somniferum L.; alkaloid poppy register means the register established under section 69T; associate has the same meaning given in section 69NA; Commonwealth licence to export means a licence to export narcotic substances which relates to the export of poppy straw under the Customs Act 1901 of the Commonwealth; Commonwealth licence to manufacture means a licence to manufacture narcotic drugs which relates to the manufacturing of opiates from
(a) where the court is satisfied on the balance of probabilities that— S. 73(1)(a)(i) amended by No. 48/1997 s. 42(1)(a). (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; S. 73(1)(a)(ii) amended by No. 48/1997 s. 42(1)(b). (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; S. 73(1)(b) amended by No. 48/1997 s. 41(4). (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 S. 73(1)(c) amended by No. 48/1997 s. 41(5). (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.
(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 S. 76(1)(b) amended by No. 48/1997 s. 43(1)(b). (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; S. 76(1)(b)(iii) repealed by No. 46/2008 s. 275(3)(a). * * * * * s. 76 S. 76(1)(b)(iv) amended by No. 46/2008 s. 275(3)(b). (iv) a provision of the law of another State or Territory of the Commonwealth corresponding to any provision mentioned in subparagraphs (i) or (ii); or S. 76(1)(b)(v) amended by No. 93/2005 s. 14(1). (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 S. 76(1)(b)(vi) inserted by No. 93/2005 s. 14(2). (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
Commonwealth which corresponds to that Act shall be disregarded. S. 76(4) inserted by No. 48/1997 s. 43(3), amended by No. 46/1998 s. 7(Sch. 1). (4) A person or body may apply to the Secretary for approval for a program for the purposes of this section. S. 76(5) inserted by No. 48/1997 s. 43(3). (5) An application under subsection (4) must be accompanied by the prescribed application fee. S. 76(6) inserted by No. 48/1997 s. 43(3), amended by No. 46/1998 s. 7(Sch. 1). (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. S. 77 substituted by No. 10002 s. 7(1), amended by No. 48/1997 s. 41(8). 77 Forging prescriptions and orders for drugs of dependence s. 77 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. 20 penalty units or level 8 imprisonment (1 year maximum) or both. S. 78 substituted by No. 10002 s. 7(1), amended by No. 48/1997 s. 41(9). 78 Obtaining drugs of dependence etc. by false representation s. 78 A person shall not knowingly by false representation, whether oral or in writing or by conduct—
S. 95(2) amended by Nos 34/2008 s. 143(Sch. 2 item 6), 82/2012 s. 161(2). (2) The Commissioner within the meaning of the Independent Broad-based Anti-corruption Commission Act 2011 must report the results of an inspection under subsection (1) to the Minister for Police and Emergency Services. S. 95(3) inserted by No. 82/2012 s. 161(3). (3) Any inspection done by the Director, Police Integrity within the meaning of the Police Integrity Act 2008 (as in force immediately before its repeal) under subsection (1) during the financial year in which this section is amended by the Integrity and Accountability Legislation Amendment Act 2012 is taken to be an inspection by the IBAC Commissioner required to be done by the IBAC Commissioner under subsection (1) during that financial year. S. 96 repealed by No. 10002 s. 7(1), new s. 96 inserted by No. 52/2006 s. 14. 96 Annual reports s. 96 (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 subsection (1) to be laid before each House of the Parliament within 12 sitting days of that House after it is received by the Minister.
S. 118 amended by No. 10262 s. 4, substituted by No. 42/1993 s. 51. 118 List of licences and permits s. 118 S. 118(1) amended by Nos 12/1994 s. 17(2)(a), 46/1998 s. 7(Sch. 1), 54/1997 s. 6(b), 13/2014 s. 5. (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, 56 or Part IVB or authorities under Part IVA. (2) The list must contain— S. 118(2)(a) amended by No. 12/1994 s. 17(2)(b). (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. S. 118(3) amended by No. 46/1998 s. 7(Sch. 1), 12/1999 s. 4(Sch. 2 item 4.1). (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. S. 118(4) amended by No. 46/1998 s. 7(Sch. 1) (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. S. 118(5) amended by Nos 12/1994 s. 17(2)(c)(i), 46/1998 s. 7(Sch. 1). (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
S. 118(5)(b) amended by No. 12/1994 s. 17(2)(c)(ii). (b) that at that date the persons whose names appear in the document held current licences, permits or warrants under this Act. S. 118(6) amended by No. 12/1994 s. 17(2)(d). (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. 119 Evidentiary s. 119 In any legal proceedings under this Act— S. 119(a) amended by Nos 42/1993 s. 52(a)–(c), 23/1994 s. 118(Sch. 1 item 17.14), 74/2000 s. 3(Sch. 1 item 38.3 (a)(b)), 68/2009 s. 97(Sch. item 47.3). (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 accused 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; S. 119(b) amended by No. 23/1994 s. 118(Sch. 1 item 17.15 (a)(b)). (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;
S. 131(b) amended by No. 42/1993 s. 54(2)(b). (b) prescribing any regulated poison to be an hallucinogenic drug for the purposes of Part VI; S. 131(c)(d) repealed by No. 12/1994 s. 10(1). * * * * * s. 131 S. 131(e) amended by No. 10002 s. 13(2), repealed by No. 12/1994 s. 10(1). * * * * * S. 131(f) amended by No. 42/1993 s. 54(2)(a). (f) prescribing precautions to be taken in and regulating or controlling the manufacture storage use or handling of any such regulated poisons; and S. 131(g) amended by No. 10002 s. 13(2). (g) prescribing penalties not exceeding 100 penalty units for breaches of the regulations. 132 General regulations s. 132 The Governor in Council may make regulations for or with respect to— (a) prescribing forms to be used for the purposes of this Act; (b) the colouring of any poison or controlled substance; (c) the sale supply and safe custody of poisons or controlled substances including the specifications of cupboards and other receptacles and the manner of storage of any poison or controlled substance; (d) prohibiting the sale or supply of any product (whether by wholesale or by retail) or any class of products containing any poison or
(w) prohibiting the sale or supply of any poison or controlled substance by self-service methods other than any methods prescribed; S. 132(x) amended by No. 10002 s. 13(3)(c). (x) prescribing a penalty of not more than 100 penalty units for any contravention of or failure to comply with the regulations; s. 132 S. 132(y) amended by No. 42/1993 s. 55(b)(i)(ii). (y) the administration and use of Schedule 3 poisons or any class of Schedule 3 poison; S. 132(z) amended by Nos 42/1993 s. 55(c), 23/1994 s. 118(Sch. 1 item 17.18(b)), 74/2000 s. 3(Sch. 1 item 38.5), 94/2000 s. 52(4)(c), 13/2010 s. 47(d), 14/2012 s. 9(2)(c). (z) regulating and controlling the issue by registered medical practitioners, nurse practitioners, registered nurses, registered midwives, registered optometrists, registered podiatrists, dentists or veterinary practitioners of prescriptions for any Schedule 3 poison and the dispensing of any such prescriptions; S. 132(za) amended by Nos 42/1993 s. 55(d), 23/1994 s. 118(Sch. 1 item 17.18(a)), 74/2000 s. 3(Sch. 1 item 38.6), 94/2000 s. 52(4)(d), 13/2010 s. 47(e), 14/2012 s. 9(2)(d). (za) regulating and controlling the sale or supply by pharmacists of Schedule 3 poisons to persons without direction from a registered medical practitioner, nurse practitioner, registered nurse, registered midwife, registered optometrist, registered podiatrist, veterinary practitioner or dentist; 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). (zca) amending the Commonwealth Standard in so far as it is incorporated in the Poisons Code; s. 132 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; (iv) any other matter or thing required to be prescribed for the purposes of that Part; S. 132(zcd) inserted by No. 51/2011 s. 5. (zcd) for the purposes of Part VC, prescribing a number or numbers of hookahs that may be displayed;
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 that Act. Sch. 10 _______________ 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. SCHEDULE ELEVEN Sch. 11 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 Drug Quantity of pure drug Quantity of pure drug Kilograms Grams 20 20 CLOBAZAM 50 CLONAZEPAM 25 CLONITAZENE 50 CODEINE (when in excess of 100 grams) 20 1000 CODEINE N-OXIDE 100 CODOXIME 100 DESOMORPHINE 20 DIAMPROMIDE 50 DIAZEPAM 20 DIETHYLPROPION 20 500 N, N-DIETHYLTRYPTAMINE 20 20 DIFENOXIN 50 DIHYDROCODEINE (when in excess of 50 grams) 20 1000 Sch. 11 DIHYDROHYDROXYMORPHINE 20 DIHYDROMORPHINE 100 DIMENOXADOL 100 DIMEPHEPTANOL 100 05 05 N, N-DIMETHYLTRYPTAMINE 05 05 METHYLAMPHETAMINE
4-METHOXYAMPHETAMINE 05 05 4-METHOXYMETHYLAMPHETAMINE 05 05 5-METHOXY- N, 05 05 5-METHOXY- N, 05 05 METHOXYAMPHETAMINES 05 05 Column 1 Column 2 Column 3 Drug Quantity of pure drug Quantity of pure drug Kilograms Grams 2-METHYLAMINO-PROPIOPHENONE (METHCATHINONE) 20 20 METHYLDESORPHINE 20 METHYLDIHYDROMORPHINE 20 05 05 05 05 (MBDB) 05 20 05 05 05 05 Sch. 11 METHYLPHENIDATE 20 50 METOPON 20 MONOACETYLMORPHINE 20 MORAMIDE 20 20 MORPHERIDINE 20 MORPHINAN 20 MORPHINE 15 20 MORPHINE N-OXIDE 20 MORPHINONE 20 MYROPHINE 200 NALBUPHINE 15 20
poison or controlled substance per stated weight of the preparation. ENDNOTES Endnotes General Information The Drugs, Poisons and Controlled Substances Act 1981 was assented to on 12 January 1982 and came into operation on 18 December 1983: Government Gazette 14 December 1983 page 3955. Table of Amendments Endnotes This Version incorporates amendments made to the Drugs, Poisons and Controlled Substances Act 1981 by Acts and subordinate instruments. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Drugs, Poisons and Controlled Substances (Amendment) Act 1983, No. 10002/1983 (as amended by Act Nos 10087, 25/1990) Assent Date: 13.12.83 Commencement Date: 18.12.83: Government Gazette 14.12.83 p. 3954 : All of Act in operation Statute Law Revision Act 1984, No. 10087/1984 Assent Date: 22.5.84 Commencement Date: 22.5.84: s. 3(2) : All of Act in operation Health (Amendment) Act 1985, No. 10262/1985 Assent Date: 10.12.85 Commencement Date: S. 4(Sch.) on 1.3.86: Government Gazette 26.2.86 p. 451 : This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981 Courts Amendment Act 1986, No. 16/1986 Assent Date: 22.4.86 Commencement Date: S. 30(Sch.) on 1.7.86: Government Gazette 25.6.86 p. 2180 : This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981 Public Contracts (Repeal) Act 1986, No. 21/1986
Assent Date: 14.10.03 Commencement Date: Ss 3, 13(1) on 15.10.03: s. 2(1) : 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 : 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 () Acts (Amendment) Act 2004, No. 74/2004 Assent Date: 9.11.04 Commencement Date: Ss 3–19 on 10.11.04: s. 2 : 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) : 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) : 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 : 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 Assent Date: 29.11.05 Commencement Date: S. 14 on 30.11.05: s. 2(1) : This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981 Endnotes
Assent Date: 8.5.07 Commencement Date: Ss 3, 4 on 1.7.07: s. 2(2) : This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981 Health Professions Registration Amendment Act 2007, No. 25/2007 Assent Date: 26.6.07 Commencement Date: S. 33 on 1.7.07: s. 2(2) : This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981 Drugs, Poisons and Controlled Substances Amendment Act 2008, No. 17/2008 Assent Date: 13.5.08 Commencement Date: Ss 4, 5 on 14.5.08: s. 2(1); ss 6–13 on 1.3.09: s. 2(3) : This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981 Police Integrity Act 2008, No. 34/2008 Assent Date: 1.7.08 Commencement Date: S. 143(Sch. 2 item 6) on 5.12.08: Special Gazette (No. 340) 4.12.08 p. 1 : This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981 Public Health and Wellbeing Act 2008, No. 46/2008 Assent Date: 2.9.08 Commencement Date: S. 275 on 1.1.10: s. 2(2) : This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981 Justice Legislation Amendment Act 2009, No. 25/2009 Assent Date: 17.6.09 Commencement Date: Ss 6, 7 on 3.9.09: Government Gazette 3.9.09 p. 2331 : This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981 Justice Legislation Further Amendment Act 2009, No. 55/2009 Endnotes Assent Date: 22.9.09 Commencement Date: Ss 7–9 on 31.5.10: s. 2(4) : This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981 Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009
Date of Making: 20.12.83 Date of Commencement: 20.12.83 Proclamation, S.R. No. 92/1985 Date of Making: 14.2.84 Date of Commencement: 14.2.84 Proclamation, S.R. No. 93/1985 Date of Making: 15.5.84 Date of Commencement: 15.5.84 Proclamation, S.R. No. 94/1985 Date of Making: 13.6.84 Date of Commencement: 13.6.84 Proclamation, S.R. No. 165/1985 Date of Making: 16.10.84 Date of Commencement: 16.10.84 Proclamation, S. R. No. 187/1985 Date of Making: 28.5.85 Date of Commencement: 28.5.85 Proclamation, S. R. No. 208/1985 Date of Making: 4.6.85 Date of Commencement: 4.6.85 Endnotes Proclamation, S.R. No. 268/1985 Date of Making: 25.6.85 Date of Commencement: 25.6.85 Proclamation, S.R. No. 92/1986 Date of Making: 16.4.86 Date of Commencement: 16.4.86 Proclamation, S.R. No. 179/1986 Date of Making: 8.7.86 Date of Commencement: 8.7.86 Proclamation, S.R. No. 82/1987 Date of Making: 14.4.87 Date of Commencement: 14.4.87 Proclamation, S.R. No. 254/1987 Date of Making: 29.9.87 Date of Commencement: 29.9.87 Proclamation, S.R. No. 366/1987 Date of Making: 8.12.87 Date of Commencement: 8.12.87 Proclamation, S.R. No. 138/1989 Date of Making: 14.6.89 Date of Commencement: 14.6.89 Proclamation, S.R. No. 23/1990
Date of Making: 13.2.90 Date of Commencement: 13.2.90 Proclamation, S.R. No. 250/1990 Date of Making: 18.9.90 Date of Commencement: 18.9.90 Proclamation, S.R. No. 314/1990 Date of Making: 7.11.90 Date of Commencement: 7.11.90 Proclamation, S.R. No. 194/1991 Date of Making: 8.10.91 Date of Commencement: 8.10.91 Proclamation, S.R. No. 230/1992 Date of Making: 4.8.92 Date of Commencement: 4.8.92 Proclamation, S.R. No. 263/1992 Date of Making: 8.9.92 Date of Commencement: 8.9.92 Endnotes Proclamation, S.R. No. 289/1992 Date of Making: 27.10.92 Date of Commencement: 27.10.92 Proclamation, S.R. No. 305/1992 Date of Making: 17.11.92 Date of Commencement: 17.11.92 Proclamation, S.R. No. 350/1992 Date of Making: 22.12.92 Date of Commencement: 27.1.93: para. (1) Proclamation, S.R. No. 67/1993 Date of Making: 4.5.93 Date of Commencement: 4.5.93 Proclamation, S.R. No. 69/1993 Date of Making: 11.5.93 Date of Commencement: 11.5.93 Proclamation, S.R. No. 86/1993 Date of Making: 8.6.93 Date of Commencement: 8.6.93 Proclamation, S.R. No. 136/1993 Date of Making: 20.7.93 Date of Commencement: 20.7.93 Drugs, Poisons and Controlled Substances (Drugs of Dependence) Regulations 1999, S.R. No. 107/1999 Date of Making: 17.8.99 Date of Commencement: 17.8.99