(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issued, granted, given, instituted, imposed, accrued, incurred or acquired or existing or continuing by or under the repealed Act before the commencement of this section. S. 3(8) repealed by No. 42/1993 s. 34.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 analogue inserted by No. 9/2014 s. 3(2). analogue, of a drug specified in column 1 of Part 1 or column 1 of Part 3 of Schedule Eleven, means a substance, however obtained, that is— (a) a structural modification of the drug obtained in one or more of the following ways—
S. 4(1) def. of authorised practitioner inserted by No. 18/2000 s. 96(1), amended by Nos 11/2002 s. 3(Sch. 1 item 16.1), 80/2004 s. 150(Sch. 2 item 2.1(a)), repealed by No. 97/2005 s. 178(1), new def. of authorised practitioner inserted by No. 97/2005 s. 178(2), repealed by No. 13/2010 s. 35(1)(a). * * * * * s. 4 S. 4(1) def. of authorized officer amended by Nos 10262 s. 4, 46/1998 s. 7(Sch. 1), 37/2014 s. 10(Sch. item 47.1(c)). authorized officer means a person authorized by the Secretary under section 41 and any police officer; S. 4(1) def. of automatic machine amended by No. 9/1998 s. 10(a)(i). automatic machine means any machine or mechanical device used or capable of being used for the purpose of selling or supplying goods without the personal manipulation or attention of the seller or supplier or his employee or other agent at the time of the sale or supply; S. 4(1) def. of category 1 precursor chemical inserted by No. 55/2009 s. 7. category 1 precursor chemical means a substance prescribed as a category 1 precursor chemical and—
S. 4(1) def. of delegated police officer inserted by No. 52/2006 s. 4. delegated police officer means— (a) a person to whom a function under section 91 has been delegated under section 92; or (b) a person who is a member of a class to which a function under section 91 has been delegated under section 92; S. 4(1) def. of dentist substituted by No. 26/1999 s.107(Sch. item 2), repealed by No. 97/2005 s. 178(1), new def. of dentist inserted by No. 97/2005 s. 178(2), substituted by No. 13/2010 s. 35(1)(b). dentist means a person registered under the Health Practitioner Regulation National Law— (a) to practise in the dental profession as a dentist (other than as a student); and (b) in the dentists division of that profession; s. 4 S. 4(1) def. of drug of addiction repealed by No. 42/1993 s. 35(a). * * * * * S. 4(1) def. of drug of dependence substituted by No. 10002 s. 2(a), amended by No. 101/1986 s. 58(1)(a), substituted by No. 48/1997 s. 36(1)(a), amended by Nos 9/1998 s. 10(a)(ii), 74/2004 s. 6(1)(a)–(c), 41/2011 s. 4, 9/2014 s. 3(1). drug of dependence means a substance that is— (a) a drug— (i) specified in column 1 of Part 1 of Schedule Eleven; or (ii) included in a class of drug specified in column 1 of Part 1 of Schedule Eleven; or (b) any fresh or dried parts of any plant specified in column 1 of Part 2 of Schedule Eleven; or
S. 4(1) def. of end user declaration inserted by No. 55/2009 s. 7. s. 4 end user declaration means a declaration required for the purposes of section 80J, 80L or 80M, as the case requires; S. 4(1) def. of functional group inserted by No. 9/2014 s. 3(2). functional group, of a drug, means any of the following where attached to an oxygen, nitrogen, sulphur, phosphorous or carbon atom of the drug— (a) an aryl, alkoxy, cyclic diether, carbonyl, acyl, carboxylic acid, acyloxy, alkylamino or dialkylamino group with up to 6 carbon atoms in any alkyl residue; (b) an alkyl, alkenyl or alkynyl group with up to 6 carbon atoms in the group; (c) a hydroxy, nitro or amino group; (d) a hydrogen atom; (e) a halogen; 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— 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). * * * * *
(b) in the register of midwives kept for that profession; s. 4 S. 4(1) def. of registered nurse inserted by No. 13/2010 s. 35(2). registered nurse means a person registered under the Health Practitioner Regulation National Law— (a) to practise in the nursing and midwifery profession as a nurse (other than as a midwife or as a student); and (b) in the registered nurses division of that profession; 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(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). * * * * * S. 4(1) def. of Schedule 1 Poison inserted by No. 42/1993 s. 35(h). Schedule 1 Poison means a substance in Schedule 1 in the Poisons List; s. 4 S. 4(1) def. of Schedule 2 Poison inserted by No. 42/1993 s. 35(h), amended by No. 74/2004 s. 6(2)(a). Schedule 2 Poison means a substance in Schedule 2 of the Commonwealth standard; S. 4(1) def. of Schedule 3 Poison inserted by No. 42/1993 s. 35(h), amended by No. 74/2004 s. 6(2)(b). Schedule 3 Poison means a substance in Schedule 3 of the Commonwealth standard;
S. 4(2)(b) substituted by No. 80/2004 s. 150(Sch. 2 item 2.2), amended by Nos 97/2005 s. 182(Sch. 4 item 16.1(b)), 39/2010 s. 119(b). (b) premises used for sale by retail in circumstances approved under Part 3 of the Pharmacy Regulation Act 2010; or S. 4(2)(c) inserted by No. 80/2004 s. 150(Sch. 2 item 2.2), amended by Nos 97/2005 s. 182(Sch. 4 item 16.1(c)), 39/2010 s. 119(c). (c) a pharmacy department approved under Part 3 of that Act— in which the pharmacist manufactures preparations of poisons or controlled substances for sale or distribution only from those premises or from such other premises as may be owned and operated by that pharmacist selling by retail. S. 4(3) inserted by No. 10002 s. 8(2), repealed by No. 48/1997 s. 36(2), new s. 4(3) inserted by No. 18/2000 s. 96(2). (3) A reference in this Act to manufacture does not include a reference to the process of refining, manipulating and mixing a Schedule 1 poison, where the process is carried out by a registered Chinese medicine practitioner, a registered Chinese herbal dispenser or an authorised practitioner in the lawful practice of his or her profession for the purposes of use, sale or supply by that practitioner or dispenser. S. 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
trusteeship agreement by the Government of any part of Her Majesty's dominions) outside Victoria; or (b) any foreign country (including any protectorate thereof or any territory which is governed under a trusteeship agreement by the Government thereof)— s. 6 to be a law providing for the control and regulation in that possession or country of the manufacture sale use export or import of drugs in accordance with the provisions of— (i) the International Opium Convention signed at The Hague on the twenty-third day of January One thousand nine hundred and twelve; or (ii) the Convention which is referred to as the Geneva Convention in the preamble to the Act of the Parliament of the United Kingdom known as the Dangerous Drugs Act 1925 and as having been signed on behalf of His Majesty on the nineteenth day of February One thousand nine hundred and twenty-five; or (iii) the Single Convention on Narcotic Drugs, 1961 signed at New York on the thirtieth day of March One thousand nine hundred and sixty-one. (2) Any statement in a certificate mentioned in subsection (1) as to the effect of the law mentioned in the certificate or any statement in a certificate mentioned in subsection (1) that any facts constitute an offence against that law shall be conclusive.
S. 13(5) inserted by No. 18/2000 s. 99(4), substituted by No. 13/2010 s. 37(4), amended by No. 27/2012 s. 12(4)(5). (5) Despite subsection (1)(a), a registered medical practitioner or pharmacist who is also a registered Chinese medicine practitioner or registered Chinese herbal dispenser with an endorsement with respect to Schedule 1 poisons is authorised to obtain and have in his or her possession and to use, sell or supply Schedule 1 poisons in accordance with that endorsement in the lawful practice of his or her profession as a registered medical practitioner or pharmacist. S. 13(6) inserted by No. 80/2004 s. 150(Sch. 2 item 2.4), amended by Nos 97/2005 s. 179(1)(f), 39/2010 s. 120. (6) A person who is licensed to carry on a pharmacy business or pharmacy depot under Part 3 of the Pharmacy Regulation Act 2010 is authorized to sell or supply by retail, subject to and in accordance with this Act and regulations, any poison or controlled substance or drug of dependence if the sale or supply is under the supervision of a registered pharmacist who is employed or engaged by that person to provide pharmacy services for that pharmacy business or pharmacy depot. S. 13A inserted by No. 18/2000 s. 100. s. 13A 13A Chinese medicine practitioners and herbal dispensers must establish therapeutic need S. 13A(1) amended by No. 13/2010 s. 38(a). (1) A registered Chinese medicine practitioner must not administer, prescribe, sell or supply a Schedule 1 poison unless— (a) the poison is for the therapeutic use of a person who has consulted the practitioner; and (b) the practitioner has taken all reasonable steps to ensure that the person has a therapeutic need for the Schedule 1 poison. 100 penalty units.
lawful practice of his or her profession the poison or controlled substance or drug of dependence or the poisons or controlled substances or drugs of dependence to which the condition, limitation or restriction relates. s. 14 S. 14(4) inserted by No. 97/2005 s. 179(5), amended by No. 13/2010 s. 39(4). (4) If the Optometry Board of Australia acting under the Health Practitioner Regulation National Law has imposed in relation to the practice of an optometrist registered under that Act a condition, limitation or restriction prohibiting the prescription, ordering or dispensing of any Schedule 2, 3 or 4 poison, that optometrist for the purposes of this Act and the regulations is deemed to be not authorised to obtain and have in his or her possession or to use sell or supply in the lawful practice of his or her profession the Schedule 2, 3 or 4 poison to which the condition, limitation or restriction relates. S. 14(5) inserted by No. 97/2005 s. 179(5), amended by No. 13/2010 s. 39(5). (5) If the Podiatry Board of Australia acting under the Health Practitioner Regulation National Law has imposed in relation to the practice of a podiatrist registered under that Act a condition, limitation or restriction prohibiting the prescription, ordering or dispensing of any Schedule 2, 3 or 4 poison, that podiatrist for the purposes of this Act and the regulations is deemed to be not authorised to obtain and have in his or her possession or to use sell or supply in the lawful practice of his or her profession the Schedule 2, 3 or 4 poison to which the condition, limitation or restriction relates.
Pt 2 Div. 4 (Heading and s. 19) amended by Nos 10002 s. 16(d)–(g), 10262 s. 4, 42/1993 s. substituted as Pt 2 Div. 4 (Heading and ss 19–22C) by No. 12/1994 s. 9. Division 4—Licences, permits and warrants S. 18A inserted by No. 74/2004 s. 11. 18A Definitions In this Division— licence means a licence issued under this Division; permit means a permit issued under this Division; warrant means a warrant issued under this Division. S. 19 substituted by No. 12/1994 s. 9. 19 Issue of licences, permits and warrants S. 19(1) amended by No. 46/1998 s. 7(Sch. 1). (1) A person may apply in writing to the Secretary for the issue of a licence, permit or warrant. (2) An application for a licence, permit or warrant must be accompanied by the appropriate prescribed fee. S. 19(3) amended by No. 46/1998 s. 7(Sch. 1). (3) Subject to this Act and the regulations, the Secretary may, in his or her discretion— (a) refuse to issue a licence, permit or warrant; or
expressly authorised by this Act or the Regulations, or by a licence, permit or warrant under this Act, to obtain that substance by wholesale. S. 25 amended by No. 10002 s. 16(l) (as amended by No. 25/1990 s. 4(2)(b)), repealed by No. 42/1993 s. 45(1). * * * * * S. 26 amended by Nos 10002 s. 16(m), 42/1993 s. 45(2), substituted by No. 12/1994 s. 13. 26 Retailing of poisons or controlled substances s. 24 S. 26(1) amended by No. 9/1998 s. 5(3). (1) A wholesale dealer must not sell or supply by retail any poison or controlled substance (other than a Schedule 5 poison, a Schedule 6 poison or a Schedule 7 poison that is not a Schedule 7 poison that is included in the Poisons Code in the list of substances that are not for general sale by retail) unless he or she is authorised by or licensed under this Act to do so. (2) A person must not manufacture and sell or supply by retail any poison or controlled substance unless he or she is authorised by or licensed under this Act to do so. 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
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.
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;
(b) the date of sale or supply; (c) the name and quantity of the poison or controlled substance purchased or obtained. S. 38A inserted by No. 42/1993 s. 48, amended by No. 12/1994 s. 16(1). 38A Authorised possession of certain poisons A person who purchases or obtains a poison or controlled substance to which section 38 applies and which is supplied to the person in accordance with that section and section 40 is authorised by this Act to purchase or obtain and to possess the poison or controlled substance so supplied. S. 39 repealed by No. 12/1994 s. 16(2). * * * * * S. 40 amended by No. 42/1993 s. 49, substituted by No. 12/1994 s. 15, amended by No. 18/2000 s. 105(b). 40 or supply of poisons or controlled substances to persons under age s. 38A A person shall not sell or supply any Schedule 7 poison to a person who is under the age of 18 years. Division 13—Authorized officers 41 Secretary may authorize person to carry out functions of authorized officer S. 41(1) amended by Nos 10262 s. 4, 42/1993 s. 50(1), 46/1998 s. 7(Sch. 1). (1) For the purposes of this Act, the Secretary may in writing authorize either generally or in any particular case, any of the following persons to exercise and perform the powers, duties and functions of an authorised officer under this Act and the regulations— S. 41(1)(a) substituted by No. 46/1998 s. 7(Sch. 1). (a) any employee in the public service;
(c) engaged under any other contract to perform a specified task authorised under a poppy cultivation licence or a poppy processing licence; employee identification certificate means a certificate issued to an employee by a licensed grower under section 69OF or by a licensed processor under section 69PF; harvest and destruction order means an order made under section 69RM(3); S. 69N def. of inspector amended by No. 37/2014 s. 10(Sch. item 47.23(a)). inspector means a person authorised under section 69R and any police officer; inspector identification certificate means a certificate issued to an inspector under section 69RA; licence holder means— (a) a licensed grower; or (b) a licensed processor; licensed grower means the holder of a poppy cultivation licence; licensed processor means the holder of a poppy processing licence; s. 69N poppy cultivation licence means a licence issued under section 69OB(2); poppy processing licence means a licence issued under section 69PB(2);
An inspector must not operate equipment for a purpose set out in section 69RD or 69RE unless the inspector believes, on reasonable grounds, that the operation can be carried out without damage to the equipment. S. 69RG inserted by No. 13/2014 s. 4. 69RG Inspector may possess alkaloid poppies or poppy straw For the purposes of this Act, an inspector is authorised to have alkaloid poppies or poppy straw in his or her possession in the exercise or performance of any power, function or duty conferred on him or her by this Part or the regulations made under this Part. S. 69RH inserted by No. 13/2014 s. 4. 69RH Inspector has power to detain or seize alkaloid poppies or poppy straw s. 69RH An inspector may detain or seize any alkaloid poppies, poppy straw or material derived from alkaloid poppies or poppy straw and deal with it in accordance with section 69RI if the inspector believes on reasonable grounds that— (a) in the case of a poppy cultivation licence, the licensed grower has contravened this Part or the poppy cultivation licence; or (b) in the case of a poppy processing licence, the licensed processor has contravened this Part or the poppy processing licence; or (c) the relevant licence has been suspended or cancelled under this Part. S. 69RI inserted by No. 13/2014 s. 4. 69RI Procedure on detaining or seizing alkaloid poppies or poppy straw (1) If an inspector detains or seizes any seized material under section 69RH, the inspector must immediately—
Schedule opposite to the name of that drug of dependence; Note see the Confiscation Act 1997; S. 70(1) def. of cannabis amended by No. 101/1986 s. 58(1)(b)(i), substituted by No. 48/1997 s. 37(a). cannabis means any fresh or dried parts of a plant of the genus Cannabis L; S. 70(1) def. of child inserted by No. 48/1997 s. 37(a). child means a person under 18 years of age; s. 70 S. 70(1) def. of commercial quantity substituted by Nos 48/1997 s. 37(b), 61/2001 s. 4(2). commercial quantity— (a) in relation to a drug of dependence the name of which is specified in column 1 of Part 1 of Schedule Eleven, means the quantity that is specified in column 2 of that Part of that Schedule opposite to the name of that drug of dependence; (b) in relation to a drug of dependence the name of which is specified in column 1 of Part 2 of Schedule Eleven, means the quantity, or the number of plants, that is specified in column 2 of that Part of that Schedule opposite to the name of that drug of dependence; (c) in relation to a drug of dependence the name of which is specified in column 1 of Part 3 of Schedule Eleven— (i) if that drug of dependence is contained in or mixed with another substance and the quantity of that mixture of drug of
and liable to level 5 imprisonment (10 years maximum). S. 71A(2) inserted by No. 52/2006 s. 9(1). (2) Nothing in this section is limited by section 71C. S. 71A(3) inserted by No. 52/2006 s. 9(2). (3) Nothing in this section is limited by section 71D. S. 71B inserted by No. 48/1997 s. 39. 71B Supply of drug of dependence to a child s. 71B (1) A person who, without being authorised by or licensed under this Act or the regulations to do so— S. 71B(1)(a) amended by No. 52/2006 s. 10. (a) supplies a drug of dependence to a child for the purposes of the supply of that drug of dependence by that child to another person, whether a child or adult; or (b) supplies a drug of dependence to a child for the use of that drug of dependence by that child— is guilty of an indictable offence and liable to a penalty of not more than 1000 penalty units or level 4 imprisonment (15 years maximum) or both. (2) Despite section 70(2), in this section supply has the same meaning as in section 4(1) of this Act. (3) This section does not apply to a person who supplies a drug of dependence to a child if, at the time of supplying that drug, that person was also a child.
(4) It is a defence to a charge under this section for a person charged to prove that he or she believed on reasonable grounds that the person to whom the drug of dependence was supplied was 18 years of age or older. S. 71C inserted by No. 52/2006 s. 11. 71C Possession of tablet press A person who, without being authorized by or licensed under this Act or the regulations (if any) to do so or otherwise without a lawful excuse, possesses a tablet press is guilty of an indictable offence and liable to a penalty of not more than 600 penalty units or level 6 imprisonment (5 years maximum) or both. S. 71D inserted by No. 52/2006 s. 12 (as amended by No. 10/2007 s. 6). 71D Possession of precursor chemicals A person who, without being authorized by or licensed under this Act or the regulations (if any) to do so or otherwise without a lawful excuse, possesses a prescribed precursor chemical in a quantity that is not less than the prescribed quantity applicable to that precursor chemical is guilty of an indictable offence and liable to a penalty of not more than 600 penalty units or level 6 imprisonment (5 years maximum) or both. S. 72 substituted by No. 10002 s. 7(1), amended by No. 48/1997 ss 40(1)(2), 41(2)(3), substituted by No. 61/2001 s. 6. 72 Cultivation of narcotic plants—large commercial quantity s. 71C A person who, without being authorized by or licensed under this Act or the regulations to do so, cultivates or attempts to cultivate a narcotic plant in a quantity of a drug of dependence, being a narcotic plant, that is not less than the large commercial quantity applicable to that narcotic plant is guilty of an indictable offence and liable— (a) to level 1 imprisonment (life); and (b) in addition to imprisonment, to a penalty of not more than 5000 penalty units.
S. 76(3) amended by No. 48/2006 s. 42(Sch. item 11). (3) In determining whether a person has been previously convicted of an offence for the purposes of paragraph (b) of subsection (1), proceedings under the Children, Youth and Families Act 2005 or under any Act of the Commonwealth or of a State or Territory of the Commonwealth which corresponds to that Act shall be disregarded. 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.
(c) a mirror; (d) a scoop; (e) a glass bottle; (f) any other item for use together with any item referred to in paragraphs (a) to (e) to prepare for introduction, or to introduce, cocaine into the body of a person. S. 80B inserted by No. 18/2006 s. 3. 80B Offence to display a cocaine kit in a retail outlet (1) A person must not display a cocaine kit in a retail outlet. In the case of a natural person, 60 penalty units; In the case of a body corporate, 300 penalty units. (2) In this section, retail outlet includes— (a) a shop; (b) a market. S. 80C inserted by No. 18/2006 s. 3. 80C Offence to sell a cocaine kit A person must not sell a cocaine kit if the person selling the cocaine kit knows or is reckless as to whether the cocaine kit is sold for the purpose of preparing for introduction, or introducing, cocaine into the body of any person. s. 80C In the case of a natural person, 60 penalty units; In the case of a body corporate, 300 penalty units. Note See definition of sell in section 4(1).
In the case of a body corporate, 100 penalty units. (2) A person who supplies any category 1 precursor chemical must keep each authorisation referred to in subsection (1)(b) for at least 2 years after the expiry of the authorisation. In the case of a natural person, 20 penalty units; In the case of a body corporate, 100 penalty units. Division 3—Category 2 precursor chemicals and category 3 precursor apparatus S. 80L inserted by No. 55/2009 s. 8. 80L Supply of category 2 precursor chemicals s. 80L A person (the supplier) must not supply a category 2 precursor chemical to another person (the receiver) unless the receiver— (a) provides sufficient proof of identity of receiver to the supplier; and Note See definition of sufficient proof of identity of receiver in section 4(1). (b) either— (i) has an account with the supplier through which the receiver pays for the supply of category 2 precursor chemicals; or (ii) if cash is used, gives the supplier an end user declaration containing the prescribed particulars. In the case of a natural person, 30 penalty units;
In the case of a body corporate, 150 penalty units. S. 80M inserted by No. 55/2009 s. 8. 80M Supply of category 3 precursor apparatus s. 80M A person (the supplier) must not supply a category 3 precursor apparatus to another person (the receiver) unless the receiver— (a) provides sufficient proof of identity of receiver to the supplier; and Note See definition of sufficient proof of identity of receiver in section 4(1). (b) either— (i) has an account with the supplier through which the receiver pays for the supply of category 3 precursor apparatus; or (ii) if cash is used, gives the supplier an end user declaration containing the prescribed particulars. In the case of a natural person, 30 penalty units; In the case of a body corporate, 150 penalty units. Division 4—Transaction records S. 80N inserted by No. 55/2009 s. 8. 80N End user declarations to be kept (1) A person who supplies any category 1 precursor chemical must keep each end user declaration given to the person under section 80J for at least 5 years after the relevant date of supply to which the end user declaration relates.
S. 92 repealed by No. 10002 s. 7(1), new s. 92 inserted by No. 52/2006 s. 14. 92 Delegated police officers s. 92 (1) The Chief Commissioner of Police may delegate, either generally or in a particular case, the function under section 91 of disposing of or destroying a thing referred to in section 91(1)(b) to— S. 92(1)(a) amended by No. 37/2014 s. 10(Sch. item 47.41). (a) a police officer of or above the rank of superintendent; or S. 92(1)(b) amended by No. 37/2014 s. 10(Sch. item 47.41). (b) a class of police officer of or above the rank of superintendent. (2) A delegation under subsection (1) must be in writing. S. 93 repealed by No. 10002 s. 7(1), new s. 93 inserted by No. 52/2006 s. 14. 93 Certificate and report to be provided to Chief Commissioner of Police s. 93 (1) If a delegated police officer destroys or disposes of a thing referred to in section 91(1)(b) in accordance with section 91(2), the officer must, as soon as practicable after doing so, provide the Chief Commissioner of Police with— (a) a copy of the certificate of health and safety destruction or disposal; and (b) a written report containing the details required by subsection (3). (2) If the Chief Commissioner of Police destroys or disposes of a thing referred to in section 91(1)(b) in accordance with section 91(2), the Chief Commissioner of Police must, as soon as practicable after doing so, ensure that a copy of the certificate of health and safety destruction or disposal and a written report containing the details required by subsection (3) are made and retained.
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; (d) a certificate that any person is or is not or was or was not on a certain date or for a certain period a registered dentist shall if purporting to be signed by the registrar of the Dental Board of Victoria be prima facie evidence of the facts therein stated; S. 119(e) amended by No. 74/2000 s. 3(Sch. 1 item 38.4 (a)(b)). (e) a certificate that any person is or is not or was or was not on a certain date or for a certain period a veterinary practitioner shall if purporting to be signed by the registrar of the Veterinary Practitioners Registration Board of Victoria be prima facie evidence of the facts therein stated;
S. 119(ea) inserted by No. 54/1997 s. 6(c), amended by Nos 56/2003 s. 11(Sch. item 7.2), 13/2014 s. 6. (ea) a certificate that any person is or is not or was or was not on a certain date or for a certain period a holder of an authority under Part IVA or a holder of a licence under Part IVB, if purporting to be signed by the Secretary of the Department of Environment and Primary Industries, shall be prima facie evidence of the facts therein stated; S. 119(f) amended by Nos 10262 s. 4, 46/1998 s. 7(Sch. 1). (f) a certificate that any person is or is not or was or was not on a certain date or for a certain period a person who holds a licence permit warrant or authority under this Act shall if purporting to be signed by the Secretary be prima facie evidence of the facts therein stated. 120 Analyst's etc. certificates s. 120 (1) In any legal proceedings for an offence against this Act the production of a certificate purporting to be signed by an analyst or by a botanist with respect to any analysis or examination made by him shall, without proof of the signature of the person appearing to have signed the certificate or that he is an analyst or botanist (as the case requires) be sufficient evidence— S. 120(1)(a) amended by No. 101/1986 s. 58(1)(f). (a) in the case of a certificate purporting to be signed by an analyst, of the identity or quantity or both the identity and quantity of the thing analysed, of the result of the analysis and of the matters relevant to such proceedings stated in the certificate; and S. 120(1)(b) amended by No. 101/1986 s. 58(1)(f). (b) in the case of the certificate purporting to be signed by a botanist, of the identity or quantity or both the identity and quantity of the thing examined. (2) The provisions of subsection (1) do not apply—
S. 129(1)(b) amended by No. 10002 s. 13(1)(c). (b) requiring persons engaged in the manufacture sale supply dispensing, administration, prescription and distribution of any such substance or preparation to keep books and records and furnish information in writing or otherwise; S. 129(1)(ba) inserted by No. 17/2006 s. 5. (ba) regulating, for the purposes of Division 10A of Part II, the administration of drugs of dependence, Schedule 9 poisons, Schedule 8 poisons and Schedule 4 poisons to residents of aged care services; (c) the custody accumulation administration use supply and storage of any such substance or preparation; S. 129(1)(ca) inserted by No. 10002 s. 13(1)(d). (ca) prohibiting either absolutely or subject to conditions or in any specified circumstances or classes of circumstances the prescription, sale, supply, dispensing or administration of any such substance or preparation; (d) regulating the transfer or conveyance of any such substance or preparation; (e) regulating the supply of any such substance or preparation to drug-dependent persons; (f) regulating and controlling advertising by any person in relation to any such substances or preparations or any of them and prescribing the form and contents of such advertisements; s. 129 (g) generally prescribing all such matters and things as are necessary or convenient to be prescribed for carrying this Act into effect; and S. 129(1)(h) amended by No. 10002 s. 13(1)(e). (h) prescribing a penalty of not more than 100 penalty units for any contravention of or failure to comply with the regulations made under this section.
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. * * * * *
(e) the minimum size of packages or containers in which poisons or controlled substances or any class of poisons or controlled substances may be sold or supplied or offered for sale or supply; s. 132 (f) specifying the containers in which any poison or controlled substance may be sold or supplied and prohibiting the use of such containers for other substances; S. 132(g) repealed by No. 10002 s. 13(3)(a), new s. 132(g) inserted by No. 94/2000 s. 52(3). (g) prescribing the Schedule 2, 3, 4 or 8 poisons that a nurse practitioner or category of nurse practitioner is authorised to obtain and have in his or her possession and to use, sell or supply; S. 132(h) repealed by No. 10002 s. 13(3)(a), new s. 132(h) inserted by No. 13/2010 s. 47(a). (h) prescribing the Schedule 2, 3, 4 or 8 poisons that a registered nurse or class of registered nurse is authorised to obtain and have in his or her possession and to use, sell or supply; S. 132(i) repealed by No. 10002 s. 13(3)(a), new s. 132(i) inserted by No. 14/2012 s. 9(1). (i) prescribing the Schedule 2, 3, 4 or 8 poisons that a registered midwife or class of registered midwife is authorised to obtain and have in his or her possession and to use, sell or supply; S. 132(j) amended by No. 42/1993 s. 55(a). (j) prohibiting and controlling advertising by any person in relation to Schedule 3 poisons or any class of Schedule 3 poisons and prescribing the form and contents of such advertisements;
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;
large commercial quantity, cultivate, narcotic plant and traffickable quantity by section 8 of the Drugs, Poisons and Controlled Substances (Amendment) Act 2006 apply only to offences alleged to have been committed after the commencement of that section. (2) For the purpose of subsection (1), if an offence is alleged to have been committed between two dates, one before and one on or after the commencement of section 8 of the Drugs, Poisons and Controlled Substances (Amendment) Act 2006, the offence is alleged to have been committed before that commencement. (3) The amendments made to section 71B of this Act by section 10 of the Drugs, Poisons and Controlled Substances (Amendment) Act 2006 apply only to offences alleged to have been committed after the commencement of section 10 of that Act. (4) For the purpose of subsection (3), if an offence is alleged to have been committed between two dates, one before and one on or after the commencement of section 10 of the Drugs, Poisons and Controlled Substances (Amendment) Act 2006, the offence is alleged to have been committed before that commencement. s. 140 (5) The amendments made to section 83(3) by section 13 of the Drugs, Poisons and Controlled Substances (Amendment) Act 2006 apply only to offences alleged to have been committed after the commencement of section 13 of that Act. (6) For the purpose of subsection (5), if an offence is alleged to have been committed between two dates, one before and one on or after the
PHENYLPROPANOLAMINE (when in excess of 200 grams) 20 1000 PHENYL-2-PROPANONE OXIME 20 20 PIMINODINE 100 Column 1 Column 2 Column 3 Drug Quantity of pure drug Quantity of pure drug Kilograms Grams PIPERIDINE DERIVATIVES INCLUDING—ALLYLPRODINE, MEPRODINE, PHENOPERIDINE and PRODINE 10 20 PIRITRAMIDE 10 PROHEPTAZINE 10 PROPERIDINE 250 PROPIRAM 20 PROPOXYPHENE 20 20 PSILOCIN 01 01 PSILOCYBIN 01 01 TEMAZEPAM 30 THEBACON 20 20 THEBAINE 20 20 THIAMBUTENE 50 1-[1-(2-THIENYL) CYCLOHEXYL] PIPERIDINE 01 0001 TRIMEPERIDINE 100 2 Column 1 Column 1A (Large Commercial Quantity) Column 2 (Commercial Quantity) Column 3 (Traffickable Quantity) Column 4 (Small Quantity) Plant Quantity Quantity Quantity Quantity Cannabis L. 250 kg or 1000 plants 250 kg or 100 plants 2500 g or 10 plants 500 g Erythroxylum coca Lam 800 kg 8000 g
(common name JWH-250) Sch. 11 Column 1 Drug Column 1A (Large Commercial Quantity) Quantity Column 1B (Large Commercial Quantity) Quantity of mixture of substance and drug of dependence Column 2 (Commercial Quantity) Quantity Column 2A (Commercial Quantity) Quantity of mixture of substance and drug of dependence Column 2B (Automatic Forfeiture Quantity) Quantity Column 3 (Traffickable Quantity) Quantity of mixture of substance and drug of dependence Column 3A (Traffickable Quantity) Quantity Column 4 (Small Quantity) Quantity (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 METHANONE (UR-144) - 100 kg - 10 kg - 30 g - 1·0 g (XLR-11) - 100 kg - 10 kg - 30 g - 1·0 g (AKB48 OR APINACA) - 100 kg - 10 kg - 30 g - 1·0 g (UR-12) - 100 kg - 10 kg - 30 g - 1·0 g ACID 8-QUINOLINYL ESTER (5F-PB-22) - 100 kg - 10 kg - 30 g - 1·0 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 - 100 kg - 10 kg - 30 g - 10 g INDOLE-3-CARBOXYLIC
Assent Date: 22.4.86 Commencement Date: 22.4.86 : All of Act in operation Crimes (Confiscation of Profits) Act 1986, No. 101/1986 Assent Date: 16.12.86 Commencement Date: 1.8.87: Government Gazette 22.7.87 p. 1924 : All of Act in operation Supreme Court Act 1986, No. 110/1986 Assent Date: 16.12.86 Commencement Date: 1.1.87: s. 2 : All of Act in operation Animal Preparations Act 1987, No. 12/1987 Assent Date: 5.5.87 Commencement Date: S. 37 on 5.5.87: s. 2(1); rest of Act on 29.6.88: Government Gazette 29.6.88 p. 1893 : All of Act in operation Drugs, Poisons and Controlled Substances (Amendment) Act 1987, No. 20/1987 Assent Date: 12.5.87 Commencement Date: 12.5.87 : All of Act in operation Conservation, Forests and Lands Act 1987, No. 41/1987 Assent Date: 19.5.87 Commencement Date: S. 103(Sch. 4 item 12.1) on 1.7.87: Government Gazette 24.6.87 p. 1694 : This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981 Liquor Control Act 1987, No. 97/1987 Endnotes Assent Date: 1.12.87 Commencement Date: S. 181(2) on 3.5.88: Government Gazette 27.4.88 p. 1044 : This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981 Magistrates' Court Act 1989, No. 51/1989 Assent Date: 14.6.89 Commencement Date: S. 149(1) on 1.9.90: Government Gazette 25.7.90 p. 2216 : This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981 Children and Young Persons Act 1989, No. 56/1989
Health Professions Registration Act 2005, No. 97/2005 (as amended by Nos 29/2006, 25/2007) Assent Date: 7.12.05 Commencement Date: Ss 178–180, 182(Sch. 4 item 16) on 1.7.07: s. 2(3) : This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981 Drugs, Poisons and Controlled Substances (Aged Care Services) Act 2006, No. 17/2006 Assent Date: 9.5.06 Commencement Date: 30.5.06: s. 2 : All of Act in operation Drugs, Poisons and Controlled Substances (Prohibition of Display and of Cocaine Kits) Act 2006, No. 18/2006 Assent Date: 9.5.06 Commencement Date: 10.5.06: s. 2 : All of Act in operation Children, Youth and Families (Consequential and Other Amendments) Act 2006, No. 48/2006 Assent Date: 15.8.06 Commencement Date: S. 42(Sch. item 11) on 23.4.07: s. 2(3) : This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981 Drugs, Poisons and Controlled Substances (Amendment) Act 2006, No. 52/2006 (as amended by Nos 79/2006, 10/2007) Endnotes Assent Date: 15.8.06 Commencement Date: Ss 7, 9(1), 11 on 19.2.07: Government Gazette 15.2.07 p. 261; ss 4–6, 8, 10, 13, 14, 16–20 on 1.5.07: s. 2(3); ss 9(2), 12, 15 on 1.8.07: Government Gazette 26.7.07 p. 1705 : This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981 Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006 Assent Date: 10.10.06 Commencement Date: S. 26(Sch. item 29) on 11.10.06: 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 (Repeal of Part X) Act 2007, No. 10/2007
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