Division 2—Enforcement 190 80Y Power to issue infringement notices 190 80Z Infringement penalty 191 80ZA Seizure of cannabis water pipes, bong components or bong kits 191 80ZB Retention and return of seized items 191 80ZC Magistrates' Court may extend 3 month period 192 80ZD Forfeiture and destruction of seized items 193 80ZE Court may order forfeiture to the Crown 193 195 81 Warrant to search premises 195 81A Notice that seized thing or document is being held for purposes of Confiscation Act 1997 201 81B Application for tainted property to be held or retained— return of warrant to court 201 81C Court may make direction 202 81D Notice of direction under section 81C 202 81E Effect of directions under sections 81(1A) and 81C 203 82 Search without warrant 203 83 Forfeiture of drug of dependence or substance before conviction 204 90 Appeals 207 91 Destruction of drugs of dependence—health and safety interests 208 92 Delegated police officers 210 93 Certificate and report to be provided to Chief Commissioner of Police 210 94 Request for copies 211 95 Director, Police Integrity to inspect and report 212 96 Annual reports 213 214 102 Identity of seller of substances 214 103 Offences by corporations 214 104 Burden of proof 215 216 118 List of licences and permits 216 119 Evidentiary 217 120 Analyst's etc. certificates 218 121 Evidentiary effect of certain statements 221 122 Proof that a substance is poison etc. 221 122A Evidence of market value of drugs of dependence 222 123 General offence 223
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Acts and enactments mentioned in the table to this subsection, to the extent to which they are therein expressed to be repealed are hereby repealed accordingly. TABLE Number of Act Title of Act Extent of Amendment or Repeal 6889 Poisons Act 1962 So much as has not already been repealed. 7065 Statute Law Revision Act 1963 Items in Schedule relating to the Poisons Act 1962. 7588 Poisons (Amendment) Act 1967 The whole. 7703 Abolition of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.
(b) in particular and without limiting the generality of paragraph (a), the repeal of the Poisons Act 1962 shall not disturb the continuity of status, operation or effect of any order, proclamation, regulation, recommendation, certificate, proceeding, appointment, notification, writ, summons, award, judgment, decree, fee, suspension, revocation, renewal, enquiry, registration, document, panel, submission, remuneration, approval, disapproval, refusal, decision, report, investigation, requirement, forfeiture, direction, analysis, examination, liability or right made, effected, issued, granted, given, instituted, imposed, accrued, incurred or acquired or existing or continuing by or under the repealed Act before the commencement of this section. S. 3(8) repealed by No. 42/1993 s. 34. * * * * * 4 Definitions s. 4 (1) In this Act unless inconsistent with the context or subject-matter— S. 4(1) def. of aged care service inserted by No. 17/2006 s. 3. aged care service has the same meaning as it has in the Aged Care Act 1997 of the Commonwealth; S. 4(1) def. of authorised police employee inserted by No. 52/2006 s. 4. authorised police employee means— (a) a person authorised under section 44A; or (b) a person who is a member of a class of person authorised under section 44A;
S. 4(1) def. of hazardous substance repealed by No. 42/1993 s. 35(a). * * * * * heroin means diacetyl morphine (also known as diamorphine) and its salts; s. 4 S. 4(1) def. of industrial and agricultural poison repealed by No. 42/1993 s. 35(a). * * * * * 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— 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 Schedule 4 Poison inserted by No. 42/1993 s. 35(h), amended by No. 74/2004 s. 6(2)(c). Schedule 4 Poison means a substance in Schedule 4 of the Commonwealth standard; S. 4(1) def. of Schedule 5 Poison inserted by No. 42/1993 s. 35(h), amended by No. 74/2004 s. 6(2)(d). Schedule 5 Poison means a substance in Schedule 5 of the Commonwealth standard; s. 4 S. 4(1) def. of Schedule 6 Poison inserted by No. 42/1993 s. 35(h), amended by No. 74/2004 s. 6(2)(e). Schedule 6 Poison means a substance in Schedule 6 of the Commonwealth standard; S. 4(1) def. of Schedule 7 Poison inserted by No. 42/1993 s. 35(h), amended by No. 74/2004 s. 6(2)(f). Schedule 7 Poison means a substance in Schedule 7 of the Commonwealth standard; S. 4(1) def. of Schedule 8 Poison inserted by No. 42/1993 s. 35(h), amended by No. 74/2004 s. 6(2)(g). Schedule 8 Poison means a substance in Schedule 8 of the Commonwealth standard;
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. 4A inserted by No. 54/1997 s. 4. 4A Act does not apply to certain processed products s. 4A (1) This Act does not apply to— (a) a processed fibre product made from cannabis if the product— (i) does not contain more than 0·1 per cent of tetrahydrocannabinol; and (ii) does not contain whole cannabis seeds; and (iii) is in a form not suitable for ingestion, smoking or inhaling purposes; or
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— (a) give a brief and general description of the content of the Code; and (b) fix a date, being a date on or after the date of publication of the notice in the Government Gazette, on which the Code takes effect; and
(c) a copy of an amendment of the Poisons Code; or (d) a copy of or an extract from any matter amending, varying, remaking or superseding any matter incorporated by reference in the Poisons Code— is evidence and, in the absence of evidence to the contrary, is proof of the matters stated in the document. S. 12M inserted by No. 42/1993 s. 38, repealed by No. 74/2004 s. 9. * * * * * Division 2—Authorized persons 13 Persons authorized to have possession etc. of poisons or controlled substances s. 13 (1) Subject to this Act and the regulations— S. 13(1)(a) amended by Nos 10002 s. 4(a)(b), 23/1994 s. 118(Sch. 1 item 17.4), 58/1997 s. 96(Sch. item 3.2), 18/2000 s. 99(1). (a) any registered medical practitioner, pharmacist, veterinary practitioner or dentist is hereby authorized to obtain and have in his possession and to use, sell or supply any poison or controlled substance (other than a Schedule 1 poison) or drug of dependence in the lawful practice of his profession as a registered medical practitioner, pharmacist, veterinary practitioner or dentist (as the case may be); and S. 13(1)(b) amended by Nos 10002 s. 4(b), 56/1996 s. 100(2). (b) any authorized officer is hereby authorized to obtain and have in his possession and to sell or supply any poison or controlled substance or drug of dependence in the exercise or performance of any power, function or duty conferred or imposed upon him by this Act or the regulations; and
or 4 poison by retail in an open shop unless the podiatrist is licensed under this Act to do so. S. 13(2B) inserted by No. 56/1996 s. 100(4), amended by No. 74/2004 s. 10(a)–(c). (2B) Subsection (1)(c) applies, despite anything to the contrary in the heading to Schedule 4 contained in the Commonwealth standard. S. 13(3) amended by No. 10002 s. 4(b). (3) Where a pharmacist sells or supplies by wholesale to another pharmacist a poison or controlled substance or drug of dependence for use by the other pharmacist in the lawful practice of his profession as a pharmacist, the sale or supply shall for the purposes of subsection (1) be regarded as a sale or supply in the lawful practice of his profession by the first-mentioned pharmacist. 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— s. 13 (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— s. 13A (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.
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— (a) refuse to issue a licence, permit or warrant; or S.19(3)(b) amended by No. 46/1998 s. 7(Sch.). (b) issue to a fit and proper person a licence, permit or warrant subject to such terms, conditions, limitations and restrictions as the Secretary may determine. S. 19(4) amended by No. 74/2004 s. 12. (4) A licence, permit or warrant under this Division relates only to the premises described in it, and no licence, permit or warrant relating to premises in more than one locality can be issued. S. 19(5) amended by No. 46/1998 s. 7(Sch. 1). (5) A licence, permit or warrant cannot be issued unless the Secretary is satisfied that the applicant's premises are suitable, sanitary and adequately equipped for the manufacture, sale, supply or use of the poisons or controlled substances to which the licence, permit or warrant relates. New s. 20 inserted by No. 12/1994 s. 9. 20 What a licence, permit or warrant can authorise s. 20 (1) A licence authorises a person to do all or any of the following—
S. 35 amended by Nos 10002 s. 4(f) (as amended by No. 10087 s. 3(1)(Sch. 1 item 40)), (j), 10262 s 4, 42/1993 s. 47(6), 12/1994 s. 4(3), 23/1994 s. 118(Sch. 1 item 17.10), 9/1998 s. 8, 46/1998 s. 7(Sch. 1), 94/2000 s. 51, 67/2003 s. 13(1), 74/2004 s. 16, substituted by No. 17/2008 s. 9. 35 Offence not to comply with Schedule 8 permit A registered medical practitioner or a nurse practitioner must not administer, supply or prescribe a Schedule 8 poison to or for one of his or her patients in respect of whom a Schedule 8 permit has been issued— (a) other than for the period specified in the permit for that administration, supply or prescription; or (b) in excess of the quantity specified in the permit. 100 penalty units. Pt 2 Div. 10 Subdiv. 5 (Heading) inserted by No. 17/2008 s. 10. Subdivision 5—General S. 35A inserted by No. 9/1998 s. 9. 35A Secretary may specify medical conditions s. 35 S. 35A(1) amended by No. 67/2003 s. 13(1). (1) The Secretary, by notice published in the Government Gazette, may specify— S. 35A(1)(a) amended by No. 17/2008 s. 11. (a) any medical condition to be a medical condition for the purposes of section 34D; and (b) the circumstances (if any) applicable to that medical condition for the purposes of that section.
controlled substance in contravention of this Act unless the court hearing the matter is satisfied to the contrary. S. 49 amended by No. 54/1997 s. 6(a). 49 Obtaining licence by fraud Any person who for the purpose of obtaining for himself or for any other person the issue grant or renewal of a licence warrant or permit under this Act or an authority under Part IVA of this Act makes any declaration or statement which is false in any material particular or knowingly utters produces or makes use of a declaration or statement which is false in any material particular or a document which contains a declaration or statement that is false in any material particular shall be guilty of an offence against this Act. S. 50 (Heading) inserted by No. 52/2006 s. 6(1). S. 50 amended by No. 52/2006 s. 6(2). 50 Immunity of authorized officers and authorised police employees No authorized officer or authorised police employee shall be in any way liable to any penalty in respect of anything done by him or her in the exercise of any power or in the performance of any duty conferred or imposed upon him or her pursuant to the provisions of this Act and the regulations. S. 51 repealed by No. 16/2004 s. 53. * * * * * Division 15—Poison baits 52 Setting of poison baits s. 49 (1) A person shall not set lay put or place or knowingly be a party to the setting laying putting or placing of a poison or controlled substance or any fluid or edible matter (not being sown seed or grain) which contains a poison or controlled
New s. 61 inserted by No. 54/1997 s. 5. 61 Definitions s. 61 (1) In this Part— authority means an authority issued under section 65; cannabis means a plant or any part of a plant of the genus Cannabis L, whether fresh or dried; inspector means— (a) a person authorised as an inspector under section 69E; or (b) a member of the police force; low-THC cannabis means cannabis, the leaves and flowering heads of which do not contain more than 035 per cent of tetrahydrocannabinol; S. 61(1) def. of Secretary substituted by No. 56/2003 s. 11(Sch. item 7.1). Secretary means the Secretary to the Department of Primary Industries; serious offence means an indictable offence involving dishonesty, fraud or cultivation or trafficking in drugs of dependence where the maximum penalty exceeds 3 months imprisonment. (2) For the purposes of section 64, a person is an associate of an applicant for an authority if the person— (a) holds or will hold any relevant financial interest, or is or will be entitled to exercise any relevant power (whether in right of the
Quantities of drugs of dependence contained in or mixed with another substance are to be calculated on the quantities specified in column 2A of Part 3 of Schedule Eleven. s. 70 In the case of a drug of dependence specified in column 1 of Part 3 of Schedule Eleven, quantities are to be calculated either on the quantity specified for the drug of dependence in column 2 of Part 3 of Schedule Eleven (if that drug is not contained in or mixed with another substance) or on the quantity specified for the drug of dependence in column 2A of Part 3 of Schedule Eleven (if that drug is contained in or mixed with another substance). If a quantity is calculated on a quantity specified in column 2 of Part 3 of Schedule Eleven in respect of a drug of dependence, any other substance contained in or mixed with that drug of dependence is not to be included in the calculation. S. 70(1) def. of aggregated large commercial quantity inserted by No. 61/2001 s. 4(1), amended by No. 52/2006 s. 8(5)–(7). aggregated large commercial quantity, in relation to 2 or more drugs of dependence, means a quantity determined as follows— (a) the quantity of each drug of dependence involved in the alleged offence is determined as a fraction of— s. 70 (i) in the case of a drug of dependence which is a narcotic plant, the large commercial quantity specified in column 1A of Part 2 of Schedule Eleven in respect of that drug of dependence; and (ii) in relation to a drug of dependence the name of which is specified in
(a) be forfeited to the Crown; and (b) be destroyed in accordance with the order. s. 80ZE __________________ Pt 6 (Heading and ss 70–101) substituted as Pt 6 (Heading and ss 81–90) by No. 10002 s. 7(1). S. 81 substituted by No. 10002 s. 7(1). 81 Warrant to search premises s. 81 S. 81(1) amended by Nos 16/1986 s. 30, 101/1986 s. 58(1)(c), 57/1989 s. 3(Sch. item 59.8(a)–(c)), 48/1997 s. 44(1)(a), 25/2009 s. 6(1). (1) Any magistrate who is satisfied by evidence on oath or by affidavit of any member of the police force of or above the rank of sergeant or for the time being in charge of a police station that there is reasonable ground for believing that there is, or will be within the next 72 hours, on or in any land or premises (including any vehicle on or in that land or those premises), or on or in a particular vehicle located in a public place— S. 81(1)(a) amended by No. 48/1997 s. 44(1)(b). (a) any thing in respect of which an offence under this Act or the regulations has been or is reasonably suspected to have been committed or is being or is likely to be committed within the next 72 hours; (b) any thing which there is reasonable ground to believe will afford evidence of the commission of an offence under this Act or the regulations; or (c) any document directly or indirectly relating to or concerning a transaction or dealing
(c) a person charged with an offence against a provision of Part V in respect of anything referred to in section 91(1)(b) which was seized, disposed of or destroyed in accordance with section 91 or that person's legal representative. (2) The Chief Commissioner of Police must, as soon as practicable after a request under subsection (1), cause that person to be provided with a copy of the report or the certificate of health and safety destruction or disposal requested. S. 95 repealed by No. 10002 s. 7(1), new s. 95 inserted by No. 52/2006 s. 14. 95 Director, Police Integrity to inspect and report s. 95 S. 95(1) amended by No. 34/2008 s. 143(Sch. 2 item 6). (1) The Director, Police Integrity within the meaning of the Police Integrity Act 2008 must, at least once each financial year, inspect the certificates of health and safety destruction or disposal and reports held by the Chief Commissioner of Police under section 93 for the purpose of reporting on the operation of that section. S. 95(2) amended by No. 34/2008 s. 143(Sch. 2 item 6). (2) The Director, Police Integrity within the meaning of the Police Integrity Act 2008 must report the results of an inspection under subsection (1) to the Minister for Police and Emergency Services. 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—
Ss 106–109 repealed by No. 10002 s. 11(1). * * * * * s. 104 _______________ Pt 8 (Heading and ss 110–117) amended by Nos 10002 s. 12(1)–(19) (as amended by No. 10087 s. 3(1)(Sch. 1 item 41)), 16/1986 s. 30, 110/1986 s. 140(2), repealed by No. 101/1986 s. 55(1)(d). * * * * * 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 No. 12/1994 s. 17(2)(a), 46/1998 s. 7(Sch. 1), 54/1997 s. 6(b). (1) The Secretary must keep a list of the persons holding current licences, permits or warrants under this Act except licences, permits or warrants under section 34 or 56 or authorities under Part IVA. (2) The list must contain— 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
S. 120(2)(a) amended by No. 68/2009 s. 97(Sch. item 47.4). (a) if a copy of the certificate was not served on the accused at least seven days before the hearing; or S. 120(2)(b) amended by No. 68/2009 s. 97(Sch. item 47.4). (b) if the accused, at least three days before the hearing, gave notice in writing personally or by post to the informant and to the analyst or botanist (as the case requires) that he requires the analyst or botanist to attend as a witness. s. 120 S. 120(3) amended by Nos 68/2009 s. 97(Sch. item 47.4), 13/2010 s. 48(a). (3) For the purpose of subsection (2) a copy of the certificate shall be deemed to be served on the accused under subsection (2)(a) if— S. 120(3)(i) amended by No. 68/2009 s. 97(Sch. item 47.4), re-numbered as s. 120(3)(a) by No. 13/2010 s. 48(b)(ii). (a) not less than ten days before the hearing a copy of the certificate is lodged with the court of hearing which is hereby authorized to make such copy available to the accused; and S. 120(3)(ii) amended by No. 68/2009 s. 97(Sch. item 47.4), re-numbered as s. 120(3)(b) by No. 13/2010 s. 48(b)(iii). (b) notice in writing has been given to the accused that a copy of such certificate will be so lodged with the court. (4) Service of a copy of a certificate for the purposes of this section may be effected and proved— s. 120
the proportion which the poison or controlled substance bears to the total ingredients of a preparation shall be expressed in accordance with one of the forms specified in Schedule Twelve. 122 Proof that a substance is poison etc. In any prosecution for a contravention of or failure to comply with any provision of this Act or any regulations thereunder, whenever it is necessary or proper to provide in respect of any particular article or substance that it is a poison or controlled substance then in every such case— (a) evidence that any substance commonly sold under the same name or description as the said particular article or substance is a poison or controlled substance shall be prima facie evidence that the said particular article or substance also conforms to the same description accordingly; and S. 122(b) amended by No. 42/1993 s. 53(a)(b). (b) evidence that any particular article or substance or the container thereof is labelled "Poison" or "Poisonous, not to be taken" or "Schedule 1" or "Schedule 2" or "Schedule 3" or "Schedule 4" or "Schedule 5" or "Schedule 6" or "Schedule 7" "Schedule 8" or "Schedule 9" or (whether alone or in combination with any other words or symbols) "S. 1", "S. 2", "S. 3", "S. 4", "S. 5", "S. 6", "S. 7", "S. 8" or "S. 9" shall be prima facie evidence that the particular article or substance is a poison or controlled substance. S. 122A inserted by No. 101/1986 s. 55(1)(f). 122A Evidence of market value of drugs of dependence s. 122A
S. 129(1)(a) 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)(a), 94/2000 s. 52(1)(a), 18/2000 s. 106(1)(b), 25/2007 s. 33(1), 13/2010 s. 45(1), 14/2012 s. 8(1). (a) regulating the issue by registered medical practitioners, registered Chinese medicine practitioners, registered optometrists, registered podiatrists, nurse practitioners, registered nurses, registered midwives, dentists or veterinary practitioners of prescriptions for any such substance or preparation and the dispensing of any such prescriptions; 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
S. 129(2) inserted by No. 10002 s. 13(1)(g), amended by Nos 23/1994 s. 118(Sch. 1 item 17.17), 58/1997 s. 96(Sch. item 3.5), 56/1996 s. 100(6)(c), 94/2000 s. 52(1)(c), 18/2000 s. 106(1)(e), 25/2007 s. 33(2), 13/2010 s. 45(2), 14/2012 s. 8(2). (2) Notwithstanding anything to the contrary in paragraph (h) of subsection (1) or in any regulations made under that subsection, a person who being a registered medical practitioner, registered Chinese medicine practitioner or registered Chinese herbal dispenser, registered optometrist, registered podiatrist, nurse practitioner, registered nurse, registered midwife, veterinary practitioner, dentist or pharmacist, contravenes or fails to comply with a regulation made under that subsection is guilty of an indictable offence and liable to a penalty of not more than 200 penalty units or to imprisonment for a term of not more than five years or to both such penalty and imprisonment. 130 Construction of section 129 s. 130 The provisions of section 129 with respect to the making of regulations shall (without prejudice to the generality of the powers conferred by the said section) extend and apply to the making of regulations for or with respect to providing that any specified breach of the regulations made under the said section shall be regarded— (a) as infamous conduct in a professional respect within the meaning and for the purposes of any Act; or S. 130(b) substituted by No. 80/2004 s. 150(Sch. 2 item 2.5), amended by Nos 97/2005 s. 182(Sch. 4 item 16.5), 13/2010 s. 46(a), repealed by No. 27/2012 s. 16. * * * * *
S. 132(q) amended by Nos 23/1994 s. 118(Sch. 1 item 17.18(a)), 58/1997 s. 96(Sch. item 3.5), 56/1996 s. 100(7), 94/2000 s. 52(4)(b), 18/2000 s. 106(2)(a)(b), 13/2010 s. 47(c), 14/2012 s. 9(2)(b). (q) exempting from all or any of the provisions of this Act and the regulations substances or preparations containing any poison or controlled substance which by their nature are not capable of being used in evasion of this Act and the regulations or which are sold or supplied by a pharmacist or registered Chinese herbal dispenser or according to the prescription of a registered medical practitioner, registered Chinese medicine practitioner, registered optometrist, nurse practitioner, registered nurse, registered midwife, registered podiatrist, veterinary practitioner or dentist for an individual and specific case; S. 132(r) amended by No. 12/1994 s. 16(3)(a). s. 132 (r) the procedure to be followed in relation to the sale or supply and recording of poisons or controlled substances; S. 132(s) repealed by No. 12/1994 s. 16(3)(b). * * * * * (t) specifying the persons or classes of persons authorized or entitled to purchase obtain use or be in possession of any poison or controlled substance; (u) providing that all persons are authorized or entitled to purchase or obtain or have in their possession or use specified poisons or controlled substances or specified classes of poisons or controlled substances; (v) providing for the disposal of automatic machines forfeited pursuant to the provisions of this Act; (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;
TABLE s. 134 Column 1 Old Reference Column 2 New Reference Domestic poison Schedule 5 poison Special poison (if the reference relates to a Schedule 1 poison) Schedule 1 poison Narcotic drug Schedule 8 poison or Schedule 9 poison Hallucinogenic drug Schedule 8 poison or Schedule 9 poison Dangerous poison (if the reference relates to a Schedule 1 poison) Schedule 1 poison Medicinal poison Schedule 2 poison Potent substance Schedule 3 poison Restricted substance Schedule 4 poison Hazardous substance Schedule 5 poison Industrial and Agricultural poison Schedule 6 poison Dangerous poison (if the reference relates to a Schedule 7 poison) Schedule 7 poison Special poison (if the reference relates to a Schedule 7 poison) Schedule 7 poison Special poison (if the reference relates to a regulated poison) Regulated poison Drug of addiction Schedule 8 poison or Schedule 9 poison Substance specified in Schedule One of the Drugs, Poisons and Controlled Substances Act 1981 Schedule 1 poison Substance specified in Schedule Two of the Drugs, Poisons and Controlled Substances Act 1981 Schedule 2 poison Substance specified in Schedule Three of the Drugs, Poisons and Controlled Substances Act 1981 Schedule 3 poison Substance specified in Schedule Four of the Drugs, Poisons and Controlled Substances Act 1981 Schedule 4 poison Substance specified in Schedule Five of the Drugs, Poisons and Controlled Substances Act 1981 Schedule 5 poison Substance specified in Schedule Six of the Drugs, Poisons and Controlled Substances Act 1981 Schedule 6 poison
Substance specified in Part 1 of Schedule Seven of the Drugs, Poisons and Controlled Substances Act 1981 Schedule 7 poison Substance specified in Part 2 of Schedule Seven of the Drugs, Poisons and Controlled Substances Act 1981 Regulated poison Substance specified in Schedule Eight of the Drugs, Poisons and Controlled Substances Act 1981 Schedule 8 poison or Schedule 9 poison S. 134(3) inserted by No. 18/2000 s. 107. (3) Despite subsection (2), on or after the commencement of section 97 of the Chinese Medicine Registration Act 2000, a reference in Column 2 in the Table to a Schedule 1 poison is not to be taken to be a reference to a Schedule 1 poison within the meaning of this Act as amended by the Chinese Medicine Registration Act 2000. S. 135 substituted by No. 42/1993 s. 58. 135 Instruments to continue s. 135 (1) The amendments made to this Act by the Health and Community Services (General Amendment) Act 1993 do not affect the continuity of status, operation or effect of any licence, permit, warrant or authority in force under this Act immediately before the commencement of this section. (2) Subsection (1) does not affect the operation of section 134. S. 135A inserted by No. 74/2004 s. 18. 135A Transitional provisions—Drugs, Poisons and Controlled Substances (Amendment) Act 1994 Despite the repeal of the Drugs, Poisons and Controlled Substances (Amendment) Act 1994 by the Drugs, Poisons and Controlled Substances and Therapeutic Goods (Victoria) Acts (Amendment) Act 2004, a warrant to which section 19(2) of the Drugs, Poisons and Controlled Substances (Amendment) Act 1994 (including a suspended warrant) applied
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. 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 4-BROMO-2,5- DIMETHOXYPHENETHYLAMINE (NEXUS) 05 05 BUFOTENINE 20 BUTORPHANOL 15 20 CHLORAL HYDRATE 20 500 CHLORDIAZEPOXIDE 50 20 20
dependence dependence dependence (common name JWH-200) - 100 kg - 10 kg - 30 g - 10 g (common name JWH-073) - 100 kg - 10 kg - 30 g - 10 g (common name JWH-122) - 100 kg - 10 kg - 30 g - 10 g (common name JWH-018) - 100 kg - 10 kg - 30 g - 10 g The following classes of SYNTHETIC CANNABINOIDS - - - - - - - - Sch. 11 3-BENZOYLINDOLES with any modification on the indole nitrogen, whether or not further modified on the indole or phenyl rings (other than a substance included elsewhere in this Part) - 100 kg - 10 kg - 30 g - 10 g 3-PHENYLACETYLINDOLES with any modification on the indole nitrogen, whether or not further modified on the indole or phenyl rings (other than a substance included elsewhere in this Part) - 100 kg - 10 kg - 30 g - 10 g with any modification at the 3position by alkyl or alkenyl, whether or not further modified on the cyclic rings, and whether or not the cyclic rings are partially or fully hydrogenated - 100 kg - 10 kg - 30 g - 10 g with any modification at the 5-position of the phenolic ring, whether or not further modified on the cyclohexyl ring (other than a substance included elsewhere in this Part) - 100 kg - 10 kg - 30 g - 10 g 3-(1-NAPHTHOYL)INDOLES with any modification on the indole nitrogen, whether or not further modified on the indole, naphthoyl or naphthyl rings (other than a substance included elsewhere in this Part) - 100 kg - 10 kg - 30 g - 10 g Column 1 Drug Column 1A (Large Commercial Quantity) Quantity Column 1B (Large Commercial Quantity) Quantity of mixture of substance and drug of Column 2 (Commercial Quantity) Quantity Column 2A (Commercial Quantity) Quantity of mixture of substance and drug of Column 2B (Automatic Forfeiture Quantity) Quantity Column 3 (Traffickable Quantity) Quantity of mixture of substance and drug of Column 3A (Traffickable Quantity) Quantity Column 4 (Small Quantity) Quantity
Assent Date: 26.5.98 Commencement Date: S. 7(Sch. 1) on 1.7.98: s. 2(2) : This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981 Conservation, Forests and Lands (Miscellaneous Amendments) Act 1998, No. 76/1998 Assent Date: 10.11.98 Commencement Date: S. 7 on 15.12.98: s. 2(5) : This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981 Public Sector Reform (Further Amendments) Act 1999, No. 12/1999 Assent Date: 11.5.99 Commencement Date: S. 4(Sch. 2 item 4) on 11.5.99: s. 2(1) : This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981 Dental Practice Act 1999, No. 26/1999 Assent Date: 1.6.99 Commencement Date: S. 107(Sch. item 2) on 1.7.00: s. 2(3) : This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981 Chinese Medicine Registration Act 2000, No. 18/2000 Assent Date: 16.5.00 Commencement Date: Ss 96–107 on 1.1.02: Government Gazette 4.10.01 p. 2511 : This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981 Statute Law Revision Act 2000, No. 74/2000 Assent Date: 21.11.00 Commencement Date: S. 3(Sch. 1 item 38) on 22.11.00: s. 2(1) : This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981 Nurses (Amendment) Act 2000, No. 94/2000 Endnotes
Assent Date: 5.12.00 Commencement Date: Ss 48–52 on 1.11.01: s. 2(3) : This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981 Health (Amendment) Act 2001, No. 33/2001 Assent Date: 19.6.01 Commencement Date: S. 21 on 20.6.01: s. 2(1) : This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981 Drugs, Poisons and Controlled Substances (Amendment) Act 2001, No. 61/2001 Assent Date: 23.10.01 Commencement Date: 1.1.02: s. 2(2) : All of Act in operation Statute Law (Further Revision) Act 2002, No. 11/2002 Assent Date: 23.4.02 Commencement Date: S. 3(Sch. 1 item 16.1) on 1.1.02: s. 2(2)(b); s. 3(Sch. 1 item 16.2) on 24.4.02: s. 2(1) : This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981 Drugs, Poisons and Controlled Substances (Volatile Substances) Act 2003, No. 55/2003 Assent Date: 16.6.03 Commencement Date: Ss 3, 4 on 1.7.04: s. 2(2) : This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981 Fisheries (Amendment) Act 2003, No. 56/2003 Assent Date: 16.6.03 Commencement Date: S. 11(Sch. item 7) on 17.6.03: s. 2 : This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981 Confiscation (Amendment) Act 2003, No. 63/2003 Assent Date: 30.9.03 Commencement Date: Ss 45–49 on 1.12.03: s. 2(2) : This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981 Endnotes Health Legislation (Amendment) Act 2003, No. 67/2003
Assent Date: 24.11.09 Commencement Date: S. 97(Sch. item 47) on 1.1.10: Government Gazette 10.12.09 p. 3215 : This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981 Statute Law Amendment (National Health Practitioner Regulation) Act 2010, No. 13/2010 Assent Date: 30.3.10 Commencement Date: Ss 35–48 on 1.7.10: s. 2(2) : This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981 Pharmacy Regulation Act 2010, No. 39/2010 Assent Date: 30.6.10 Commencement Date: Ss 119, 120 on 24.8.10: Government Gazette 12.8.10 p. 1759 : This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981 Severe Substance Dependence Treatment Act 2010, No. 43/2010 Assent Date: 10.8.10 Commencement Date: S. 45 on 1.3.11: s. 2(2) : This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981 Justice Legislation Further Amendment Act 2010, No. 64/2010 Assent Date: 28.9.10 Commencement Date: S. 11 on 1.1.11: Government Gazette 28.10.10 p. 2584 : This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981 Statute Law Revision Act 2011, No. 29/2011 Assent Date: 21.6.11 Commencement Date: S. 3(Sch. 1 item 30) on 22.6.11: s. 2(1) : This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981 Drugs, Poisons and Controlled Substances Amendment (Drugs of Dependence) Act 2011, No. 41/2011
Proclamation, S.R. No. 43/1984 Date of Making: 14.2.84 Date of Commencement: 14.2.84 Proclamation, S.R. No. 277/1984 Date of Making: 17.7.84 Date of Commencement: 17.7.84 Proclamation, S.R. No. 1/1985 Date of Making: 18.12.84 Date of Commencement: 18.12.84 Proclamation, S.R. No. 2/1985 Date of Making: 12.12.84 Date of Commencement: 12.12.84 Proclamation, S.R. No. 77/1985 Date of Making: 26.2.85 Date of Commencement: 26.2.85 Proclamation, S.R. No. 90/1985 Date of Making: 5.12.84 Date of Commencement: 5.12.84 Proclamation, S.R. No. 91/1985 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 Endnotes 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 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