2 Repeals and revocations s. 2 (1) The Acts and enactments mentioned in the table to this subsection, to the extent to which they are therein expressed to be repealed are hereby repealed accordingly. TABLE Number of Act Title of Act Extent of Amendment or Repeal 6889 Poisons Act 1962 So much as has not already been repealed. 7065 Statute Law Revision Act 1963 Items in Schedule relating to the Poisons Act 1962. 7588 Poisons (Amendment) Act 1967 The whole. 7703 Abolition of Bailiwicks Act 1968 Item in Schedule relating to the Poisons Act 1962. 8181 Statute Law Revision Act 1971 Item in Schedule relating to the Poisons Act 1962. 8233 Poisons (Amendment) Act 1971 The whole. 8247 Crimes (Powers of Arrest) Act 1972 Item in Schedule relating to the Poisons Act 1962. 8266 Poisons (Amendment) Act 1972 The whole. 8287 Dentists Act 1972 Section 45(2). 8424 Medical Practitioners (Amendment) Act 1973 Section 12. 8456 Poisons (Fees) Act 1973 The whole. 8961 Poisons (Drugs of Addiction) Act 1977 The whole.
S. 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 item 2), repealed by No. 97/2005 s. 178(1), new def.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 of drug of addiction repealed by No. 42/1993 s. 35(a).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 (ba) prescribed as a drug of dependence in accordance with section 132AA whether specified as included in Part 1, Part 2 or Part 3 of Schedule Eleven; or (c) a drug— (i) specified in column 1 of Part 3 of Schedule Eleven; or
S. 4(1) def. of narcotic plant repealed by No. 10002 s. 2(b). * * * * * S. 4(1) def. of nurse practitioner inserted by No. 94/2000 s. 48, repealed by No. 97/2005 s. 178(1), new def. of nurse practitioner inserted by No. 97/2005 s. 178(2), substituted by No. 13/2010 s. 35(1)(c). nurse practitioner means a nurse whose registration is endorsed by the Nursing and Midwifery Board of Australia under section 95 of the Health Practitioner Regulation National Law; Order in Council means an Order made by the Governor in Council published in the Government Gazette; S. 4(1) def. of pharmacist substituted by No. 80/2004 s. 150(Sch. 2 item 2.1(b)), repealed by No. 97/2005 s. 178(1), new def. of pharmacist inserted by No. 97/2005 s. 178(2), substituted by No. 13/2010 s. 35(1)(d). s. 4 pharmacist means a person registered under the Health Practitioner Regulation National Law to practise in the pharmacy profession (other than as a student);
S. 4(1) def. of poison or controlled substance substituted by No. 42/1993 s. 35(e). poison or controlled substance means— (a) a Schedule 1 poison; or (b) a Schedule 2 poison; or (c) a Schedule 3 poison; or (d) a Schedule 4 poison; or (e) a Schedule 5 poison; or (f) a Schedule 6 poison; or (g) a Schedule 7 poison; or (h) a Schedule 8 poison; or (i) a Schedule 9 poison; or (j) a regulated poison other than a Schedule 7 poison; S. 4(1) def. of Poisons Code inserted by No. 42/1993 s. 35(f), amended by No. 68/1996 s. 9. s. 4 Poisons Code means the Poisons Code prepared under section 12 as amended or substituted and in force from time to time; S. 4(1) def. of Poisons List inserted by No. 42/1993 s. 35(f). Poisons List means the Poisons List in the Poisons Code; S. 4(1) def. of Poisons Standard inserted by No. 75/2014 s. 10(1). Poisons Standard means the current Poisons Standard within the meaning of the Therapeutic Goods Act 1989 of the Commonwealth; S. 4(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 47.1(a)). police officer has the same meaning as in the Victoria Police Act 2013;
S. 4(1) def of serious risk to public health inserted by No. 17/2008 s. 4. serious risk to public health means a material risk that substantial injury or prejudice to the health of human beings has occurred or may occur having regard to— (a) the number of persons likely to be affected; (b) the location, immediacy and seriousness of the threat to the health of persons; (c) the nature, scale and effects of the harm, illness or injury that may develop; S. 4(1) def. of special poison repealed by No. 42/1993 s. 35(a). * * * * * S. 4(1) def. of substance amended by No. 48/1997 s. 36(1)(b). substance includes material, preparation, extract and admixture; s. 4 S. 4(1) def. of sufficient proof of identity of receiver inserted by No. 55/2009 s. 7. sufficient proof of identity of receiver, for the purposes of Part VB, means proof of identity provided by one of the following— (a) a driver licence issued under the Road Safety Act 1986, or a licence issued in another State or a Territory that is the equivalent of a driver licence, that displays a photograph of the person; or (b) an Australian passport or a foreign passport; or (c) a proof of age card issued under the Liquor Control Reform Act 1998 or a card issued in another State or a Territory that is the equivalent of a proof of age card;
S. 4(2)(a) substituted by No. 80/2004 s. 150(Sch. 2 item 2.2), amended by Nos 97/2005 s. 182(Sch. 4 item 16.1(a)), 39/2010 s. 119(a). (a) premises used for sale by retail and registered under Part 3 of the Pharmacy Regulation Act 2010; or 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). s. 4 (c) a pharmacy department approved under Part 3 of that Act— in which the pharmacist manufactures preparations of poisons or controlled substances for sale or distribution only from those premises or from such other premises as may be owned and operated by that pharmacist selling by retail. S. 4(3) inserted by No. 10002 s. 8(2), repealed by No. 48/1997 s. 36(2), new s. 4(3) inserted by No. 18/2000 s. 96(2). (3) A reference in this Act to manufacture does not include a reference to the process of refining, manipulating and mixing a Schedule 1 poison, where the process is carried out by a registered Chinese medicine practitioner, a registered Chinese herbal dispenser or an authorised practitioner in the lawful practice of his or her profession for the purposes of use, sale or supply by that practitioner or dispenser.
S. 12A inserted by No. 42/1993 s. 38. 12A The Poisons List S. 12A(1) amended by No. 74/2004 s. 7(1)(a). (1) The Poisons List may contain— S. 12A(1)(a) substituted by No. 74/2004 s. 7(1)(b), amended by Nos 97/2005 s. 182(Sch. 4 item 16.3), 27/2012 s. 11. (a) a list of substances that are of plant, animal or mineral origin that in the public interest should be available only from a person registered by the Chinese Medicine Board of Australia under the Health Practitioner Regulation National Law or authorised under another Act, being Schedule 1 poisons; and S. 12A(1)(b) amended by Nos 74/2004 s. 7(1)(c), 75/2014 s. 12(1). (b) a list of any of the substances in Schedule 1 of the Poisons List or Schedules 2 to 9 of the Poisons Standard or the Appendices to the Poisons Standard that are not for general sale by retail but can only be supplied to persons specifically authorised by this Act or the Regulations, or with a permit or warrant under this Act, to obtain them; and S. 12A(1)(c) amended by Nos 74/2004 s. 7(1)(d), 75/2014 s. 12(2). (c) a list of exemptions from Schedule 1 of the Poisons List or Schedules 2 to 9 of the Poisons Standard. S. 12A(2) repealed by No. 74/2004 s. 7(2). * * * * * (3) The Poisons List may specify— S. 12A(3)(a) repealed by No. 74/2004 s. 7(3). * * * * *
Minister in accordance with the endorsement in the lawful practice of his or her profession as a registered Chinese medicine practitioner; and s. 13 S. 13(1)(e) inserted by No. 18/2000 s. 99(2), amended by Nos 97/2005 s. 179(1)(c), 27/2012 s. 12(2). (e) any registered Chinese herbal dispenser whose registration is endorsed under section 94 of the Health Practitioner Regulation National Law is hereby authorised to obtain and have in his or her possession and to use, sell or supply any Schedule 1 poison that is approved by the Minister in accordance with the endorsement in the lawful practice of his or her profession as a registered Chinese herbal dispenser. S. 13(2) amended by Nos 10002 s. 4(b), 42/1993 s. 39(1), 23/1994 s. 118(Sch. 1 item 17.4), 58/1997 s. 96(Sch. item 3.2), 56/1996 s. 100(3), 9/1998 s. 5(1). (2) Subsection (1)(a) or (b) shall not be construed as authorizing a registered medical practitioner, veterinary practitioner or dentist to sell or supply any poison or controlled substance (other than a Schedule 5 poison, a Schedule 6 poison or a Schedule 7 poison that is not a Schedule 7 poison that is included in the Poisons Code in the list of substances that are not for general sale by retail) or drug of dependence by retail in an open shop unless he is licensed under this Act to do so. S. 13(2AA) inserted by No. 94/2000 s. 49(2). (2AA) Subsection (1)(ba) shall not be construed as authorising a nurse practitioner referred to in that paragraph to sell or supply any Schedule 2, 3, 4 or 8 poison by retail in an open shop unless the nurse practitioner is licensed under this Act to do so. S. 13(2AAB) inserted by No. 13/2010 s. 37(2). (2AAB) Subsection (1)(bb) shall not be construed as authorising a registered nurse referred to in that paragraph to sell or supply any Schedule 2, 3, 4 or 8 poison by retail in an open shop unless the registered nurse is licensed under this Act to do so.
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). s. 13 (3A) If a registered Chinese herbal dispenser sells or supplies by wholesale a Schedule 1 poison to any other registered Chinese herbal dispenser in accordance with an endorsement of that other dispenser's registration under section 94 of the Health Practitioner Regulation National Law for use by the other registered Chinese herbal dispenser in the lawful practice of his or her profession as a registered Chinese herbal dispenser, the sale or supply shall, for the purposes of subsection (1), be regarded as a sale or supply in the lawful practice of his or her profession by the first-mentioned registered Chinese herbal dispenser. S. 13(4) inserted by No. 42/1993 s. 39(2), substituted by No. 9/1998 s. 5(2). (4) A person is authorised to sell or supply by retail, subject to and in accordance with the regulations— (a) any Schedule 5 poison; or (b) any Schedule 6 poison; or (c) any Schedule 7 poison that is not a Schedule 7 poison that is included in the Poisons Code in the list of substances that are not for general sale by retail. S. 13(4A) inserted by No. 74/2004 s. 3. s. 13 (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.
(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. S. 13A(2) amended by No. 13/2010 s. 38(a). (2) A registered Chinese herbal dispenser must not sell or supply a Schedule 1 poison to a person unless— S. 13A(2)(a) amended by No. 13/2010 s. 38(a). (a) the sale or supply is on production of and in accordance with the original written prescription or order of a registered Chinese medicine practitioner; and S. 13A(2)(b) amended by No. 13/2010 s. 38(b). (b) the dispenser has taken reasonable steps to ensure that the prescription or order is in accordance with any endorsement of the registration of the registered Chinese medicine practitioner. 100 penalty units. S. 14 (Heading) inserted by No. 13/2010 s. 39(1). S. 14 amended by Nos 10002 s. 4(a)–(c), 23/1994 s. 118(Sch. 1 item 18/2000 s. 101 (ILA s. 39B(1)). 14 Restrictions on authorisations for certain health practitioners s. 14 S. 14(1) amended by Nos 97/2005 s. 179(4)(a), 13/2010 s. 39(2). (1) If, under the Health Practitioner Regulation National Law, the Medical Board of Australia has imposed in relation to the practice of a registered medical practitioner conditions, limitations or restrictions including a condition, limitation or restriction prohibiting the prescription of any drug
to be not authorized to obtain and have in his or her possession or to use sell or supply in the lawful practice of his or her profession the poison or controlled substance or drug of dependence or the poisons or controlled substances or drugs of dependence to which the condition, limitation or restriction relates. 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. 5 (Heading and s. 20) amended by Nos 10262 s. 4, 42/1993 s. 42(1)(2), repealed by No. 12/1994 s. 9, new Pt 2 Div. 5 (Heading and ss 22D–22H) inserted by No. 17/2008 s. 5. Division 5—Public health emergencies S. 22D inserted by No. 17/2008 s. 5. 22D When a public health emergency order may be made s. 22D The Secretary may make a public health emergency order if the Secretary believes it is necessary to do so to respond to, or prevent, a public health emergency or a serious risk to public health. Example A public health emergency order may be made in response to, or for the purposes of preventing, an influenza pandemic or the effects of a bioterrorism incident. S. 22E inserted by No. 17/2008 s. 5. 22E Matters to be specified in a public health emergency order A public health emergency order must specify—
or prescribed a Schedule 8 poison by one or more other practitioners; and (ii) considers it is necessary to administer, supply or prescribe a Schedule 8 poison to or for that patient; and (b) the total period of administration, supply or prescription of a Schedule 8 poison to that patient would be a continuous period greater than 8 weeks, taking into account any period of administration, supply or prescription referred to in paragraph (a)(i) together with the period of administration, supply or prescription of a Schedule 8 poison to or for that patient by the practitioner. (4) An application for a Schedule 8 permit must be in the prescribed form. S. 34A inserted by No. 17/2008 s. 8. 34A Schedule 8 permit s. 34A (1) On receiving an application under section 34, the Secretary may issue a permit to a registered medical practitioner or a nurse practitioner authorising the practitioner— (a) to administer, supply or prescribe a Schedule 8 poison to or for a drug-dependent person; or (b) to administer, supply or prescribe a Schedule 8 poison to or for a person other than a drug-dependent person for a continuous period greater than 8 weeks. (2) A Schedule 8 permit must be in the prescribed form.
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; S. 41(1)(b) repealed by No. 46/1998 s. 7(Sch. 1). * * * * * (c) any officer or employee of a public statutory authority; (d) any member of staff of a municipal council. (2) An authority under subsection (1) may be expressed to be in force for a period specified in the authority or may be given for an indefinite period.
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 substance in or upon any road or street or any land whatsoever. S. 52(2) amended by No. 52/1994 s. 97(Sch. 3 item 7.6). (2) Subsection (1) does not apply to— S. 52(2)(a) amended by No. 41/1987 s. 103(Sch. 4 item 12.1), substituted by No. 52/1994 s. 97(Sch. 3 item 7.1), amended by No. 76/1998 s. 7. (a) the Secretary within the meaning of the Conservation, Forests and Lands Act 1987 or any person acting on behalf of the Secretary with respect to the use of poisons or controlled substances for eradicating or controlling on any land pest animals or noxious weeds within the meaning of the Catchment and Land Protection Act 1994;
conditions (if any) to which the Order is subject is guilty of an offence and liable to a penalty of not more than 50 penalty units. s. 55 _______________ 56 Manufacture of heroin etc. s. 56 S. 56(1) amended by Nos 10262 s. 4, 46/1998 s. 7(Sch. 1). (1) On the recommendation of the Minister, made after consulting with the Secretary, the Governor in Council may licence a fit and proper person to manufacture and sell or supply heroin by wholesale. (2) Where a licence is in force under subsection (1), no other licence shall be in force under that subsection for any period during which the licence is in force. S. 56(3) amended by Nos 10262 s. 4, 46/1998 s. 7(Sch. 1). (3) On the recommendation of the Minister, made after consulting with the Secretary, the Governor in Council may licence a fit and proper person to formulate heroin. (4) For the purposes of this section, a person formulates heroin if he prepares or does any act for the purpose of or in the course of preparing heroin in a form suitable for human therapeutic use. (5) Where a licence is in force under subsection (3) no other licence under that subsection shall be in force for any period during which the licence is in force. S. 56(6) amended by Nos 10262 s. 4, 46/1998 s. 7(Sch. 1). (6) The Governor in Council may on the recommendation of the Minister, made after consulting with the Secretary, grant or refuse to grant a licence under subsection (1) or subsection (3).
Pt 4 (Heading and ss 57–62) substituted as Pt 4 (Heading and ss 57–60) by No. 10002 s. 6(1)(a)(b). Pt 4 (Heading) amended by No. 55/2003 ss 3(1). Pt 4 Div. 1 (Heading) inserted by No. 55/2003 s. 3(2). Division 1—Deleterious substances S. 57 substituted by No. 10002 s. 6(1)(b). 57 Definitions s. 57 (1) In this Part— deleterious substances means— (a) methylated spirits; or (b) volatile substances; methylated spirits means— (a) any spirit which has been methylated or denatured under the provisions of the Commonwealth Act known as the Spirits Act 1906 as amended and in force for the time being or the regulations under that Act; (b) methyl alcohol and wood spirit; (c) any other spirit to which any methylating substance has been added; or (d) any potable liquid with which methylated spirits as defined in paragraphs (a), (b) or (c) is mixed;
S. 60H inserted by No. 55/2003 s. 4. 60H Before search, police to give information and request production of substance or item s. 60H S. 60H(1) amended by No. 37/2014 s. 10(Sch. item 47.10(a)). (1) Subject to subsection (2), before a police officer commences a search of a person under section 60E or 60F, the police officer must— S. 60H(1)(a) amended by No. 37/2014 s. 10(Sch. item 47.10(a)(ii)). (a) inform the person that, although it is not an offence to possess a volatile substance or an item used to inhale a volatile substance or to inhale a volatile substance, in certain circumstances and using reasonable force, the police officer may— (i) search a person for a volatile substance; and (ii) seize a volatile substance or item used to inhale a volatile substance that is in a person's possession or under a person's control; and S. 60H(1)(b) amended by No. 37/2014 s. 10(Sch. item 47.10(a)(ii)). (b) request the person to produce to the police officer any volatile substance or item used to inhale a volatile substance that is in the person's possession or under the person's control. S. 60H(2) amended by No. 37/2014 s. 10(Sch. item 47.10(b)). (2) A police officer is not required to comply with subsection (1) if the police officer believes on reasonable grounds that— (a) the person is unable to understand the information and request because of the effects of inhaling a volatile substance; or (b) it is otherwise impracticable to do so.
S. 60L(2) amended by No. 37/2014 s. 10(Sch. item 47.14(b)). (2) A police officer may apprehend and detain a person under subsection (1) irrespective of whether— (a) the person was searched under section 60E or 60F; or (b) any volatile substance or item used to inhale a volatile substance— (i) was seized as a result of such a search; or S. 60L(2)(b)(ii) amended by No. 37/2014 s. 10(Sch. item 47.14(b)). (ii) was produced in accordance with a request under section 60H(1)(b) and received by a police officer. s. 60L S. 60L(3) amended by No. 37/2014 s. 10(Sch. item 47.14(b)). (3) Subject to subsection (4), on apprehending and detaining a person under subsection (1) or as soon as practicable thereafter, a police officer must inform the person that— (a) the person is not under arrest in relation to any alleged offence; and (b) the person is apprehended and detained with the intention of preventing the person causing immediate serious bodily harm to himself or herself or to some other person. S. 60L(4) amended by No. 37/2014 s. 10(Sch. item 47.14(c)). (4) A police officer is not required to comply with subsection (3) if the police officer believes on reasonable grounds that— (a) the person is unable to understand the information referred to in that subsection because of the effects of inhaling a volatile substance; or (b) it is otherwise impracticable to do so.
S. 60M(4) amended by No. 37/2014 s. 10(Sch. item 47.15(c)). (4) If a police officer, after taking all reasonable steps, has been unable to release the detained person into the care of a suitable person in accordance with subsection (3), the police officer— (a) may release the detained person; or (b) subject to subsection (2), may continue to detain that person. s. 60N S. 60M(5) amended by No. 37/2014 s. 10(Sch. item 47.15(c)). (5) In taking an action under subsection (4), a police officer must take the action which he or she reasonably believes is the most appropriate in the circumstances. S. 60M(6) amended by No. 37/2014 s. 10(Sch. item 47.15(c)). (6) A police officer must not detain a person under section 60L in— (a) a police gaol within the meaning of the Corrections Act 1986; or (b) a police cell or lock-up. S. 60M(7) amended by No. 37/2014 s. 10(Sch. item 47.15(c)). (7) A police officer must not interview or question a person who is apprehended and detained under section 60L in relation to any offence or alleged offence. S. 60N inserted by No. 55/2003 s. 4. 60N Return of seized or produced volatile substances and items used to inhale volatile substances S. 60N(1) amended by No. 37/2014 s. 10(Sch. item 47.16). (1) A police officer who— (a) receives a volatile substance or an item used to inhale a volatile substance which is produced in accordance with a request under section 60H(1)(b); or
section 60J or 60K may be disposed of or made safe (as the case requires) if— S. 60O(a) amended by No. 37/2014 s. 10(Sch. item 47.17(a)). (a) the police officer who received or seized the volatile substance or item believes that the disposal or making safe of that substance or item is necessary because of the risk to health or safety in removing it from the place of receipt or seizure; or S. 60O(b) amended by No. 37/2014 s. 10(Sch. item 47.17). (b) the police officer in charge of the place of duty of the police officer who received or seized a volatile substance or an item used to inhale a volatile substance believes that the disposal or making safe of that substance or item is necessary because of the risk to health or safety in storing it. S. 60P inserted by No. 55/2003 s. 4. s. 60P 60P Forfeiture to Crown (1) A seized volatile substance or an item used to inhale a volatile substance that is not returned to the person from whom it was seized within 7 days after being so seized is forfeited to the Crown. S. 60P(2) amended by No. 37/2014 s. 10(Sch. item 47.18). (2) A volatile substance or an item used to inhale a volatile substance received by a police officer when it was produced in accordance with a request under section 60H(1)(b) that is not returned to the person from whom it was received within 7 days after being so received is forfeited to the Crown. (3) If any volatile substance or item used to inhale a volatile substance is forfeited to the Crown under subsection (1) or (2)— (a) the Minister may direct that it be disposed of in any manner that the Minister thinks fit; and (b) if it is sold, the proceeds of the sale must be paid into the Consolidated Fund.
(i) in the case of research, evidence that the research would be conducted by a person with appropriate scientific training using appropriate methodology; or (ii) in the case of commercial activity, evidence of the commercial activity to be carried out. (4) An applicant must provide any other information about the applicant or the application which the Secretary reasonably requires. New s. 63 inserted by No. 54/1997 s. 5. 63 Secretary must investigate application s. 63 (1) On receiving an application under section 62, the Secretary must cause to be carried out all investigations and inquiries that the Secretary considers necessary to properly determine the application. (2) The Secretary may refer a copy of an application and any supporting documentation to the Chief Commissioner of Police. (3) The Chief Commissioner of Police must inquire into and report to the Secretary on any matters concerning the application that the Secretary requests. New s. 64 inserted by No. 54/1997 s. 5. 64 Matters to be considered in determining applications (1) In order to prevent criminal activity in the cultivation and processing of low-THC cannabis, the Secretary must not issue an authority to an applicant unless the Secretary is satisfied that— (a) the applicant or any associate of the applicant has within the 10 years preceding the application not been found guilty of a serious offence; and
Pt 4B (Heading and ss 69N–69V) inserted by No. 13/2014 s. 4. Division 1—Preliminary S. 69N inserted by No. 13/2014 s. 4. 69N Definitions s. 69N In this Part— alkaloid poppy means a plant or any part of a plant whether fresh or dried of— (a) Papaver bracteatum Lindley; or (b) Papaver somniferum L.; alkaloid poppy register means the register established under section 69T; associate has the same meaning given in section 69NA; Commonwealth licence to export means a licence to export narcotic substances which relates to the export of poppy straw under the Customs Act 1901 of the Commonwealth; Commonwealth licence to manufacture means a licence to manufacture narcotic drugs which relates to the manufacturing of opiates from alkaloid poppies under the Narcotic Drugs Act 1967 of the Commonwealth; cultivate in relation to an alkaloid poppy has the same meaning as it has in section 70; detention or seizure receipt means a receipt given in accordance with section 69RC or 69RI; disqualified person means— (a) a person who is under the age of 17 years unless the person is an apprentice or trainee undertaking an approved training scheme within the
(b) be accompanied by a copy of the proposed risk management plan; and (c) be accompanied by the relevant prescribed application fee (if any); and (d) be accompanied by any other prescribed particulars; and (e) in the case of an application under subsection (1), be accompanied by a copy of a Commonwealth licence to manufacture or a Commonwealth licence to export, as the case requires. s. 69P (4) An application under subsection (1) or (2) must contain or be accompanied by evidence to the satisfaction of the Secretary that the applicant— (a) is a fit and proper person to be issued a licence; and (b) in the case of an application under subsection (1), intends to undertake a bona fide commercial activity relating to the therapeutic use of poppy straw including evidence of the commercial activity to be carried out; and (c) in the case of an application under subsection (2), intends to undertake a research activity relating to the use of poppy straw under the licence including evidence that the research activity would be conducted by a person with appropriate scientific training using appropriate methodology. (5) An application under subsection (1) or (2) must contain any other information about the applicant or the application which the Secretary reasonably requires to assist in assessing the application.
(8) A poppy processing licence referred to in section 69P(1) is subject to the condition that the licensed processor must hold a current Commonwealth licence to manufacture or a current Commonwealth licence to export whilst undertaking an activity authorised by the licence. S. 69PD inserted by No. 13/2014 s. 4. 69PD Poppy processing licence is not transferable s. 69PD A poppy processing licence is not transferable to another person. S. 69PE inserted by No. 13/2014 s. 4. 69PE Employee of licensed processor authorised to undertake activities under licence (1) For the purposes of this Act, an employee of a licensed processor who holds a poppy processing licence for commercial purposes relating to therapeutic use, is authorised to carry out any of the following activities under the licence that is required of the employee in the course of his or her employment— (a) to receive poppy straw from a licensed grower or a person authorised to possess alkaloid poppies in another jurisdiction; and (b) to process and possess poppy straw at specified premises; and (c) to transport, sell or supply poppy straw to a person who possesses a Commonwealth licence to manufacture; and (d) to export poppy straw if the applicant possesses a Commonwealth licence to export. (2) For the purposes of this Act, an employee of a licensed processor who holds a poppy processing licence for research purposes relating to use, is authorised to carry out any activity under the licence involving the processing, possession, transportation of poppy
(3) An inspector must not be charged a fee for anything done, or required to be done, by the inspector under this section. S. 69RP inserted by No. 13/2014 s. 4. 69RP Protection against self-incrimination s. 69RP It is a reasonable excuse for a natural person to refuse or fail to give information or do any other thing that the person is required to do by or under this Part, if the giving of the information or the doing of that thing would tend to incriminate the person. S. 69RQ inserted by No. 13/2014 s. 4. 69RQ Power to issue infringement notices (1) An inspector may serve an infringement notice on a person who the inspector has reason to believe has committed a prescribed offence. (2) An offence referred to in subsection (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006. S. 69RR inserted by No. 13/2014 s. 4. 69RR Infringement penalty The infringement penalty for an offence against this Part is the prescribed infringement penalty in respect of that offence. Division 6—Offences S. 69S inserted by No. 13/2014 s. 4. 69S Offence to fail to report the amendment or cancellation of a contract A licensed grower who holds a poppy cultivation licence under section 69O(1) must report to the Secretary within 3 business days any amendment to a contract registered in the alkaloid poppy register that does one or more of the following— (a) amends the duration of the contract;
(c) in relation to 2 or more drugs of dependence, means an aggregated large commercial quantity of those drugs; s. 70 S. 70(1) def. of narcotic plant amended by Nos 101/1986 s. 58(1)(b)(ii), 52/2006 s. 8(9). narcotic plant means any plant the name of which is specified in column 1 of Part 2 of Schedule Eleven and includes a cutting of such a plant, whether or not the cutting has roots; S. 70(1) def. of small quantity amended by Nos 101/1986 s. 58(1)(b)(iii), 48/1997 s. 37(c). small quantity— (a) in relation to any fresh or dried parts of a plant of the genus Cannabis L, means the quantity that is specified in column 4 of Part 2 of Schedule Eleven opposite to the name Cannabis L specified in column 1 of that part of that Schedule; and (b) in relation to any drug of dependence the name of which is specified in column 1 of Part 3 of Schedule Eleven, means the quantity of that drug, including any other substance in which it is contained or with which it is mixed, that is specified in column 4 of that Part of that Schedule opposite to the name of that drug of dependence; s. 70 traffick in relation to a drug of dependence includes— (a) prepare a drug of dependence for trafficking; (b) manufacture a drug of dependence; or (c) sell, exchange, agree to sell, offer for sale or have in possession for sale, a drug of dependence;
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 S. 76(5) inserted by No. 48/1997 s. 43(3). (5) An application under subsection (4) must be accompanied by the prescribed application fee. S. 76(6) inserted by No. 48/1997 s. 43(3), amended by No. 46/1998 s. 7(Sch. 1). (6) The Secretary— (a) may grant an approval subject to any conditions, limitations or restrictions specified in the approval; and (b) must specify the period during which an approval continues in force. S. 77 substituted by No. 10002 s. 7(1), amended by No. 48/1997 s. 41(8). 77 Forging prescriptions and orders for drugs of dependence s. 77 A person shall not forge or attempt to forge or fraudulently alter or attempt to fraudulently alter or utter or attempt to utter knowing it to be forged or fraudulently altered a prescription or order for a drug of dependence. 20 penalty units or level 8 imprisonment (1 year maximum) or both.
S. 78 substituted by No. 10002 s. 7(1), amended by No. 48/1997 s. 41(9). 78 Obtaining drugs of dependence etc. by false representation A person shall not knowingly by false representation, whether oral or in writing or by conduct— (a) obtain or attempt to obtain a drug of dependence from a person authorized by or licensed under this Act or the regulations to possess, manufacture, sell or supply the drug of dependence; S. 78(b) amended by Nos 23/1994 s. 118(Sch. 1 item 17.13), 74/2000 s. 3(Sch. 1 item 38.2). (b) obtain or attempt to obtain a prescription or order for a drug of dependence from a registered medical practitioner, dentist, pharmacist or veterinary practitioner or a person authorized by this Act or the regulations to issue or possess the prescription or order; S. 78(c) amended by No. 23/1994 s. 118(Sch. 1 item 17.13). (c) cause or induce or attempt to cause or induce a registered medical practitioner to administer by injection or otherwise, a drug of dependence to him; or (d) cause or induce or attempt to cause or induce a pharmacist or a person authorized by this Act or the regulations to supply a drug of dependence, to dispense a prescription or order for a drug of dependence, if the person knew the prescription or the order to have been obtained in contravention of this Act or the regulations. 20 penalty units or level 8 imprisonment (1 year maximum) or both. S. 79 substituted by No. 10002 s. 7(1). 79 Conspiring s. 79
(b) a tube; (c) a mirror; (d) a scoop; (e) a glass bottle; (f) any other item for use together with any item referred to in paragraphs (a) to (e) to prepare for introduction, or to introduce, cocaine into the body of a person. S. 80B inserted by No. 18/2006 s. 3. 80B Offence to display a cocaine kit in a retail outlet (1) A person must not display a cocaine kit in a retail outlet. In the case of a natural person, 60 penalty units; In the case of a body corporate, 300 penalty units. (2) In this section, retail outlet includes— (a) a shop; (b) a market. 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
(a) the making of the order is in the interests of justice; and (b) the total period of retention does not exceed 12 months; and (c) retention of the ice pipe is necessary for the purposes of an investigation into whether a contravention of this Part has occurred. (3) At least 7 days prior to the hearing of an application under this section, the applicant must give notice of the application to the person from whom the ice pipe was seized or its lawful owner described in the application. S. 80HG inserted by No. 64/2010 s. 11. 80HG Forfeiture and destruction of seized ice pipe s. 80HF S. 80HG(1) amended by No. 37/2014 s. 10(Sch. item 47.28). (1) Subject to section 80HF, any ice pipe that a police officer has seized and retained under this Part is forfeited to the Crown if the police officer— (a) cannot find the person from whom it was seized or its lawful owner, despite making reasonable enquiries; or (b) cannot return it to the person from whom it was seized or its lawful owner, despite making reasonable efforts. (2) Any ice pipe forfeited to the Crown under subsection (1) may be destroyed in any manner the Minister thinks fit. S. 80HH inserted by No. 64/2010 s. 11. 80HH Court may order forfeiture to the Crown s. 80HH A court which finds a person guilty of an offence against section 80HB or 80HC may order that the ice pipe to which the offence relates— (a) be forfeited to the Crown; and (b) be destroyed in accordance with the order.
(b) any thing which there is reasonable ground to believe will afford evidence of the commission of an offence under this Act or the regulations; or (c) any document directly or indirectly relating to or concerning a transaction or dealing which is or would be, if carried out, an offence under this Act or the regulations or under a provision of a law in force in a place outside corresponding to Part V of this Act— may at any time issue a warrant under his hand authorizing a police officer named in the warrant to enter and search the land, premises or vehicle for any such thing or document and to seize and carry it before the Court so that the matter may be dealt with according to law. S. 81(1AA) inserted by No. 25/2009 s. 6(2), amended by No. 37/2014 s. 10(Sch. item 47.38(a)). (1AA) A search warrant directed to a named police officer under subsection (1) may be executed by any police officer. S. 81(1AB) inserted by No. 48/2012 s. 41. (1AB) For the purposes of subsection (1), a seized thing may be brought before the Court by giving evidence on oath to the Court as to the present whereabouts of the thing and by producing a photograph of it. S. 81(1A) inserted by No. 63/2003 s. 46(1), amended by Nos 25/2009 s. 6(3), 37/2014 s. 10(Sch. item 47.38(a)). (1A) A magistrate who issues a warrant under subsection (1), if satisfied on reasonable grounds by the evidence given under that subsection that the thing or document to which the warrant relates is also tainted property within the meaning of the Confiscation Act 1997, may, in that warrant, direct that the police officer executing the warrant hold or retain that thing or document as if it were tainted property seized under a warrant under
and on behalf of a person arrested in the course of the execution of the warrant, a part of the sample taken sufficient for analysis or examination must, on request by the person arrested, be delivered to an analyst or botanist within the meaning of section 120 nominated by that person. S. 81(7) inserted by No. 25/2009 s. 6(7), amended by No. 37/2014 s. 10(Sch. item 47.38(c)). (7) Nothing in this section affects the power of a police officer under section 82. S. 81(8) inserted by No. 25/2009 s. 6(7). (8) In this section— public place has the same meaning as it has in section 3 of the Summary Offences Act 1966; vehicle includes motor vehicle, aircraft, boat and vessel. S. 81A inserted by No. 63/2003 s. 47. 81A Notice that seized thing or document is being held for purposes of Confiscation Act 1997 s. 81A S. 81A(1) amended by Nos 25/2009 s. 6(8), 37/2014 s. 10(Sch. item 47.39). (1) If a thing or document seized under a warrant issued under section 81 to which a direction under section 81(1A) applies is no longer required for evidentiary purposes under this Act, the police officer who executed the warrant must give notice to all persons known to have an interest in that thing or document that the thing or document is being held or retained as if it were tainted property seized under a warrant under section 79 of the Confiscation Act 1997. (2) A notice under subsection (1) must be— (a) given within 7 days after the thing or document is no longer required for evidentiary purposes under this Act; and (b) in the prescribed form.
manner as is provided in the order when no longer required for the purpose of any subsequent proceedings. S. 83(1A) inserted by No. 101/1986 s. 58(1)(d)(iv), amended by No. 57/1989 s. 3(Sch. item 59.12). (1A) The Magistrates' Court has power— (a) to give any directions; or (b) to authorise the Minister to give any appropriate directions— necessary to give effect to any order made by it under subsection (1). S. 83(2) amended by No. 101/1986 s. 58(1)(d)(v). (2) Where a finding of fact is made under subsection (1), production in any subsequent proceedings of an order containing the finding of fact shall be conclusive evidence of the matters to which the finding relates. s. 83 S. 83(3) inserted by No. 101/1986 s. 58(1)(d)(vi). (3) In subsection (1) cultivation, in relation to a drug of dependence that is a narcotic plant, includes— (a) the sowing of a seed of a narcotic plant; and S. 83(3)(b) amended by No. 52/2006 s. 13(a). (b) the planting, growing, tending, nurturing or harvesting of a narcotic plant; and S. 83(3)(c) inserted by No. 52/2006 s. 13(b). (c) the grafting, dividing or transplanting of a narcotic plant. S. 83(4) inserted by No. 101/1986 s. 58(1)(d)(vi), amended by No. 57/1989 s. 3(Sch. item 59.13). (4) Without limiting the manner in which evidence may be given on an application under subsection (1), the Court may inspect any place, process or thing. S. 83(5) inserted by No. 48/1997 s. 44(6). (5) If an order is made under subsection (1) requiring the destruction or disposal of an instrument or device or the whole or any part of any substance, drug of dependence or poison or controlled substance, the order may be executed before the
end of any appeal period applicable under section 90 if a sample of the thing to be destroyed or disposed of is taken in accordance with this Act and kept until the end of that appeal period and the determination of any appeal made within that period. s. 83 S. 84 substituted by No. 10002 s. 7(1), repealed by No. 101/1986 s. 58(1)(e). * * * * * Ss 85–89 substituted by No. 10002 s. 7(1), repealed by No. 101/1986 s. 55(1)(d ). * * * * * S. 90 substituted by No. 10002 s. 7(1). 90 Appeals s. 90 S. 90(1) amended by Nos 101/1986 s. 55(1)(e), 25/1990 s. 4(1)(a). (1) Notwithstanding anything to the contrary in any other Act a person (including the Crown) affected by an order made under section 83 may appeal against the decision as if the order were or were part of a sentence imposed on conviction for the drug related offence to which the order relates, being a sentence which is not fixed by law and against which an appeal may be brought. S. 90(2) amended by Nos 101/1986 s. 55(1)(e), 57/1989 s. 3(Sch. item 59.14), 25/1990 s. 4(1)(b). (2) Notwithstanding anything to the contrary in any other Act, a person (including the Crown) affected by the refusal or failure of the Magistrates' Court to make an order under section 83 may appeal in accordance with Rules of court against that failure or refusal. (3) On an appeal under subsection (1) the court to which the appeal is made may confirm vary or revoke the order to which the appeal relates.
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 Nos 12/1994 s. 17(2)(a), 46/1998 s. 7(Sch. 1), 54/1997 s. 6(b), 13/2014 s. 5. (1) The Secretary must keep a list of the persons holding current licences, permits or warrants under this Act except licences, permits or warrants under section 34, 56 or Part IVB or authorities under Part IVA. (2) The list must contain— S. 118(2)(a) amended by No. 12/1994 s. 17(2)(b). (a) the full name and the residential or business address of each holder of a licence, permit or warrant; and
(b) any other prescribed particulars. S. 118(3) amended by No. 46/1998 s. 7(Sch. 1), 12/1999 s. 4(Sch. 2 item 4.1). (3) The Secretary must ensure that a copy of the list is kept available for inspection by members of the public during normal office hours without charge, at the Secretary's principal office. S. 118(4) amended by No. 46/1998 s. 7(Sch. 1) (4) The Secretary may take any steps that he or she considers appropriate to bring the existence of the list to the notice of members of the public. S. 118(5) amended by Nos 12/1994 s. 17(2)(c)(i), 46/1998 s. 7(Sch. 1). (5) In any proceedings the production of a document certified in writing purporting to be signed by the Secretary and purporting to be a copy of or an extract from the list as at a particular date is evidence and, in the absence of evidence to the contrary is proof— (a) of the matters stated; and S. 118(5)(b) amended by No. 12/1994 s. 17(2)(c)(ii). (b) that at that date the persons whose names appear in the document held current licences, permits or warrants under this Act. S. 118(6) amended by No. 12/1994 s. 17(2)(d). (6) In any proceedings, the absence of a person's name from a document that complies with subsection (5) is evidence and in the absence of evidence to the contrary is proof that on the relevant date the person was not the holder of a licence, permit or warrant under this Act and that is required to be listed under this section. 119 Evidentiary s. 119 In any legal proceedings under this Act—
S. 119(a) amended by Nos 42/1993 s. 52(a)–(c), 23/1994 s. 118(Sch. 1 item 17.14), 74/2000 s. 3(Sch. 1 item 38.3 (a)(b)), 68/2009 s. 97(Sch. item 47.3), substituted by No. 75/2014 s. 22(a). (a) the production of a copy of the Government Gazette containing the register as last published in relation to the time in question of veterinary practitioners is, if the name of the accused does not appear in the register, prima facie evidence that the person is not a veterinary practitioner; S. 119(b) amended by No. 23/1994 s. 118(Sch. 1 item 17.15 (a)(b)), substituted by No. 75/2014 s. 22(b). (b) a certificate referred to in section 244 of the Health Practitioner Regulation National Law is, if it states any person is or is not or was or was not on a certain date or for a certain period a registered medical practitioner, registered Chinese medicine practitioner, registered Chinese herbal dispenser, dentist, pharmacist, registered podiatrist, registered optometrist, nurse practitioner, registered nurse or registered midwife, prima facie evidence of the facts stated in the certificate; S. 119(c)(d) repealed by No. 75/2014 s. 22(c). * * * * * 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. 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
S. 130(c) substituted by No. 94/2000 s. 52(2), repealed by No. 97/2005 s. 182(Sch. 4 item 16.6), new s 130(c) inserted by No. 13/2010 s. 46(b). (c) as unprofessional conduct within the meaning and for the purposes of the Health Practitioner Regulation National Law. S. 131 amended by Nos 10002 s. 14(h), 42/1993 s. 54(2)(a)(b). 131 Regulations as to regulated poisons For the purpose of protecting persons engaged in the manufacture sale use or distribution of regulated poisons or for the protection of the public from regulated poisons the Governor in Council may make regulations for or with respect to— S. 131(a) amended by No. 42/1993 s. 54(2)(a)(b). (a) prohibiting the possession manufacture sale supply distribution or use of any regulated poisons either absolutely or except under such circumstances or conditions as may be prescribed (including, without limiting the generality of the foregoing, prohibiting a person from having in his possession, manufacturing, selling, distributing or using any regulated poison or class of regulated poisons unless he is authorized by or licensed or permitted under this Act or the regulations so to do); S. 131(b) amended by No. 42/1993 s. 54(2)(b). (b) prescribing any regulated poison to be an hallucinogenic drug for the purposes of Part VI; S. 131(c)(d) repealed by No. 12/1994 s. 10(1). * * * * * s. 131
S. 132(k) amended by Nos 23/1994 s. 118(Sch. 1 item 17.18(b)), 74/2000 s. 3(Sch. 1 item 38.5), 94/2000 s. 52(4)(a), 13/2010 s. 47(b), 14/2012 s. 9(2)(a). (k) providing for the dispensing of prescriptions for poisons or controlled substances issued by registered medical practitioners, nurse practitioners, registered nurses, registered midwives, registered optometrists, registered podiatrists, dentists or veterinary practitioners in other States; s. 132 (l) labelling and specifying the particulars (including antidotes) to be included in labels attached to containers of poisons and controlled substances; S. 132(m) substituted by No. 12/1994 s. 10(2)(a). (m) applications for licences, permits, warrants and authorities issued under this Act, and the issue, renewal, amendment, suspension or cancellation of them; S. 132(n) amended by Nos 10002 s. 13(3)(b), 12/1994 s. 10(2)(b). (n) prescribing terms and conditions limitations and restrictions to which licences warrants and permits issued under this Act shall be subject; S. 132(o) substituted by No. 12/1994 s. 10(2)(c). s. 132 (o) prescribing fees for applications for the issue, renewal and amendment of licences, permits, warrants, authorisations and approvals under the Act and pro rata fees for periods of less than 12 months; S. 132(oa) inserted by No. 12/1994 s. 10(2)(c). (oa) prescribing penalties not exceeding 100 penalty units for the breach of terms, conditions, limitations and restrictions of authorisations and approvals; S. 132(p) amended by No. 75/2014 s. 9. (p) the inspection of premises mobile facilities stocks books and any other documents relating to poisons or controlled substances;
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;
Sch. 10 substituted by No. 10002 s. 8(1), amended by Nos 16/1986 s. 30, 101/1986 s. 58(1)(g), 57/1989 s. 3(Sch. item 59.15(a)–(c)), 48/1997 s. 44(7)(a)–(c), 63/2003 s. 48(1)(2), 52/2006 s. 17, 25/2009 s. 7, 37/2014 s. 10(Sch. item 47.42). SCHEDULE TEN Sch. 10 (Section 81) Drugs, Poisons and Controlled Substances Act 1981 To a police officer WHEREAS I, the undersigned, a *Magistrate in the State of , am satisfied by the *evidence on oath or *by affidavit of: a police officer 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 on or in a certain *are *will be within the next 72 hours *land or *premises situate at or *vehicle identified by located in a public place *certain things *certain documents to wit: *(1) upon or in respect of which an offence under the Drugs Poisons and Controlled Substances Act 1981 or the Regulations under that Act, has been or is reasonably suspected to have been committed or is being or is likely to be committed within the next 72 hours; *(2) which there is reasonable ground to believe will afford evidence of the commission of an offence under the Drugs Poisons and Controlled Substances Act 1981 or the Regulations under that Act; *(3) which is a document directly or indirectly relating to or concerning a transaction or dealing which is or would be, if
police officer executing the warrant that destruction or disposal of the thing is required in the interests of health or safety— destroy or dispose of the thing after taking, where practicable, any samples of it as are required for the purposes of that Act. Sch. 10 _______________ Sch. 11 substituted by No. 10002 s. 8(1), amended by S.R. No. 1/1985 (paras (1)–(9)), substituted by S.R. No. 268/1985, amended by No. 101/1986 s. S.R. Nos 138/1989 (para. (3)(a) (b)), 314/1990 (para. 69/1993 para. (3)(a)(b), No. 48/1997 ss 45(1) (a)–(h)(2), 46, S.R. Nos 107/1999 regs 3(1) (a)–(e)(2), 4, 85/2000 reg. 3, Nos 61/2001 s. 8, 63/2003 s. 49, 74/2004 s. 19(a)(b), 52/2006 ss 18–20 (as amended by No. 79/2006 s. 87), 57/2012 ss 5–7, 9/2014 ss 13–17. SCHEDULE ELEVEN Sch. 11 1 Column 1 Column 2 Column 3 Drug Quantity of pure drug Quantity of pure drug Kilograms Grams ACETORPHINE 20 N-ACETYLAMPHETAMINE 20 20 ACETYLDIHYDROCODEINE 100 1000 ACETYLMETHADOL 20 N-ACETYLMETHYLAMPHETAMINE 20 20 ALPRAZOLAM 05 ANILERIDINE 250 BARBITURATES 20 500 1, 4-BENZODIAZEPINES not included elsewhere in this Part 100 BENZOXAZOCINES 20 500 BENZETHIDINE 100 BENZYLMORPHINE 50 BEZITRAMIDE 50 BROMAZEPAM 30 05 05 05 05 * * * * *
poison or controlled substance per stated weight of the preparation. ENDNOTES Endnotes General Information The Drugs, Poisons and Controlled Substances Act 1981 was assented to on 12 January 1982 and came into operation on 18 December 1983: Government Gazette 14 December 1983 page 3955. Table of Amendments Endnotes This Version incorporates amendments made to the Drugs, Poisons and Controlled Substances Act 1981 by Acts and subordinate instruments. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Drugs, Poisons and Controlled Substances (Amendment) Act 1983, No. 10002/1983 (as amended by Act Nos 10087, 25/1990) Assent Date: 13.12.83 Commencement Date: 18.12.83: Government Gazette 14.12.83 p. 3954 : All of Act in operation Statute Law Revision Act 1984, No. 10087/1984 Assent Date: 22.5.84 Commencement Date: 22.5.84: s. 3(2) : All of Act in operation Health (Amendment) Act 1985, No. 10262/1985 Assent Date: 10.12.85 Commencement Date: S. 4(Sch.) on 1.3.86: Government Gazette 26.2.86 p. 451 : This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981 Courts Amendment Act 1986, No. 16/1986 Assent Date: 22.4.86 Commencement Date: S. 30(Sch.) on 1.7.86: Government Gazette 25.6.86 p. 2180 : This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981 Public Contracts (Repeal) Act 1986, No. 21/1986
Assent Date: 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