2 Repeals and revocations (1) The Acts and enactments mentioned in the table to this subsection, to the extent to which they are therein expressed to be repealed are hereby repealed accordingly. TABLE Number of Act Title of Act Extent of Amendment or Repeal 6889 Poisons Act 1962 So much as has not already been repealed. 7065 Statute Law Revision Act 1963 Items in Schedule relating to the Poisons Act 1962. 7588 Poisons (Amendment) Act 1967 The whole. 7703 Abolition of Bailiwicks Act 1968 Item in Schedule relating to the Poisons Act 1962. 8181 Statute Law Revision Act 1971 Item in Schedule relating to the Poisons Act 1962. 8233 Poisons (Amendment) Act 1971 The whole. 8247 Crimes (Powers of Arrest) Act 1972 Item in Schedule relating to the Poisons Act 1962. 8266 Poisons (Amendment) Act 1972 The whole. 8287 Dentists Act 1972 Section 45(2). 8424 Medical Practitioners (Amendment) Act 1973 Section 12. 8456 Poisons (Fees) Act 1973 The whole.
8961 Poisons (Drugs of Addiction) Act 1977 The whole. 9023 Health Commission Act 1977 Item 16 of Part A of Schedule One. 9294 Poisons (Amendment) Act 1979 The whole. 9427 Statute Law Revision Act 1980 Item in Third Schedule relating to the Poisons Act 1962. 9576 Crimes (Classification of Offences) Act 1981 Item in the Schedule relating to the Poisons Act 1962. (2) All proclamations made under the Poisons Act 1962 and amending any of the Schedules to that Act are revoked. 3 Savings S. 3(1) repealed by No. 42/1993 s. 34. * * * * * (2) On and from the commencement of this section in any order, proclamation, regulation, licence, permit, warrant, authority, Order in Council or other instrument or document made, issued or given under the Poisons Act 1962 before the commencement of this section and deemed to have been made, issued or given under this Act or continued in force under this Act— (a) a reference to a pharmaceutical chemist shall be deemed and taken to be a reference to a pharmacist;
S. 4(1) def. of authorised practitioner inserted by No. 18/2000 s. 96(1), amended by Nos 11/2002 s. 3(Sch. 1 item 16.1), 80/2004 s. 150(Sch. 2 item 2.1(a)), repealed by No. 97/2005 s. 178(1), new def. of authorised practitioner inserted by No. 97/2005 s. 178(2), repealed by No. 13/2010 s. 35(1)(a). * * * * * S. 4(1) def. of authorized officer amended by Nos 10262 s. 4, 46/1998 s. 7(Sch. 1), 37/2014 s. 10(Sch. item 47.1(c)). authorized officer means a person authorized by the Secretary under section 41 and any police officer; S. 4(1) def. of automatic machine amended by No. 9/1998 s. 10(a)(i). automatic machine means any machine or mechanical device used or capable of being used for the purpose of selling or supplying goods without the personal manipulation or attention of the seller or supplier or his employee or other agent at the time of the sale or supply; S. 4(1) def. of baseline sentence inserted by No. 52/2014 s. 17. baseline sentence, in relation to an offence, has the same meaning as in the Sentencing Act 1991;
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— (a) includes— (i) any form of that substance, whether natural or synthetic; and (ii) if specified in the regulations for that category 1 precursor chemical, the salts, derivatives and isomers of that substance and any salt of those derivatives and isomers; (b) despite the definition of substance in this section, does not include that substance when contained in or mixed with another substance; S. 4(1) def. of category 2 precursor chemical inserted by No. 55/2009 s. 7. category 2 precursor chemical means a substance prescribed as a category 2 precursor chemical and— (a) includes— (i) any form of that substance, whether natural or synthetic; and (ii) if specified in the regulations for that category 2 precursor chemical, the salts, derivatives and isomers of that substance and any salt of those derivatives and isomers; (b) despite the definition of substance in this section, does not include that substance when contained in or mixed with another substance;
S. 4(1) def. of registered Chinese herbal dispenser inserted by No. 18/2000 s. 96(1), repealed by No. 97/2005 s. 178(1), new def. of registered Chinese herbal dispenser inserted by No. 97/2005 s. 178(2), substituted by No. 27/2012 s. 9(a). registered Chinese herbal dispenser means a person registered under the Health Practitioner Regulation National Law to practise in the Chinese medicine profession in the division of Chinese herbal dispenser; S. 4(1) def. of registered Chinese medicine practitioner inserted by No. 18/2000 s. 96(1), repealed by No. 97/2005 s. 178(1), new def. of registered Chinese medicine practitioner inserted by No. 97/2005 s. 178(2), substituted by No. 27/2012 s. 9(b). registered Chinese medicine practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the Chinese medicine profession in the division of Chinese herbal medicine practitioner;
S. 11(3) repealed by No. 101/1986 s. 55(1)(b). * * * * * S. 11(4) repealed by No. 10002 s. 5(2)(c). * * * * * Division 1—Classification S. 12 substituted by No. 42/1993 s. 38. 12 Poisons Code (1) The Minister may prepare a Poisons Code. (2) The Poisons Code must contain— (a) a Poisons List; and S. 12(2)(b) amended by No. 75/2014 s. 11(a). (b) any provisions (including appendices) of the Poisons Standard concerning the labelling, storing, packaging or advertising of poisons or controlled substances that the Minister considers are in a form suitable for inclusion in the Code; and S. 12(2)(c) amended by No. 75/2014 s. 11(b). (c) any provisions (including appendices) of the Poisons Standard relating to the interpretation of provisions included in the Code under paragraph (a) or (b). S. 12A inserted by No. 42/1993 s. 38. 12A The Poisons List
S. 12I inserted by No. 42/1993 s. 38. 12I Availability of Code S. 12I(1) amended by No. 46/1998 s. 7(Sch. 1) (1) The Minister must ensure that the documents listed in subsection (2) are kept available at the principal office of the Secretary and at any other appropriate public office specified by the Minister by notice published in the Government Gazette, during normal office hours, for inspection by members of the public, without charge. (2) The documents are— S. 12I(2)(a) amended by No. 68/1996 s. 12. (a) the Poisons Code as amended or substituted and in force from time to time; (b) any matter incorporated by reference in the Poisons Code and, if the Code incorporates matter as in force from time to time, that matter as amended, varied, remade or superseded and in force for the time being; (c) if any matter is incorporated in the Code as in force from time to time, a copy of each amendment or variation of the matter; (d) a copy of any amendment to the Code; (e) a copy of each notice published in the Government Gazette under section 12G. S. 12J inserted by No. 42/1993 s. 38. 12J What if documents are not notified or made available? (1) A failure to comply with section 12G, 12H or 12I does not affect the validity, operation or effect of the Poisons Code or any matter incorporated in it. (2) Despite subsection (1), a person must not be convicted of an offence against this Act or the regulations, based on any provision in the Poisons Code if, at the time of the commission of the
(c) a copy of an amendment of the Poisons Code; or (d) a copy of or an extract from any matter amending, varying, remaking or superseding any matter incorporated by reference in the Poisons Code— is evidence and, in the absence of evidence to the contrary, is proof of the matters stated in the document. S. 12M inserted by No. 42/1993 s. 38, repealed by No. 74/2004 s. 9. * * * * * Division 2—Authorized persons 13 Persons authorized to have possession etc. of poisons or controlled substances S. 13(1) amended by No. 20/2016 s. 103. (1) Subject to this Act and the regulations and, in relation to medicinal cannabis, the Access to Medicinal Cannabis Act 2016 and the regulations under that Act— S. 13(1)(a) amended by Nos 10002 s. 4(a)(b), 23/1994 s. 118(Sch. 1 item 17.4), 58/1997 s. 96(Sch. item 3.2), 18/2000 s. 99(1). (a) any registered medical practitioner, pharmacist, veterinary practitioner or dentist is hereby authorized to obtain and have in his possession and to use, sell or supply any poison or controlled substance (other than a Schedule 1 poison) or drug of dependence in the lawful practice of his profession as a registered medical practitioner, pharmacist, veterinary practitioner or dentist (as the case may be); and S. 13(1)(b) amended by Nos 10002 s. 4(b), 56/1996 s. 100(2). (b) any authorized officer is hereby authorized to obtain and have in his possession and to sell or supply any poison or controlled substance or drug of dependence in the
S. 13(1)(bc) inserted by No. 14/2012 s. 5(1). (bc) any registered midwife whose registration is endorsed under section 94 of the Health Practitioner Regulation National Law is hereby authorised to obtain and have in his or her possession and to use, sell or supply any Schedule 2, 3, 4 or 8 poison approved by the Minister and specified in the endorsement in the lawful practice of his or her profession as a registered midwife; and S. 13(1)(c) inserted by No. 56/1996 s. 100(2), amended by Nos 18/2000 s. 99(2), 97/2005 s. 179(1)(b), 13/2010 s. 37(1)(b). (c) any registered optometrist whose registration is endorsed under section 94 of the Health Practitioner Regulation National Law is hereby authorised to obtain and have in his or her possession and to use, sell or supply any Schedule 2, 3 or 4 poison for opthalmic use that is approved by the Minister and specified in the endorsement in the lawful practice of his or her profession as a registered optometrist; and S. 13(1)(ca) inserted by No. 97/2005 s. 179(2), amended by No. 13/2010 s. 37(1)(c). (ca) any registered podiatrist whose registration is endorsed under section 94 of the Health Practitioner Regulation National Law is hereby authorised to obtain and have in his or her possession and to use, sell or supply any Schedule 2, 3 or 4 poison approved by the Minister and specified in the endorsement in the lawful practice of his or her profession as a registered podiatrist; and S. 13(1)(d) inserted by No. 18/2000 s. 99(2), amended by Nos 97/2005 s. 179(1)(c), 27/2012 s. 12(1). (d) any registered Chinese medicine practitioner 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 medicine practitioner; and 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.
(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(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
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 S.19(3)(b) amended by No. 46/1998 s. 7(Sch.). (b) issue to a fit and proper person a licence, permit or warrant subject to such terms, conditions, limitations and restrictions as the Secretary may determine. S. 19(3A) inserted by No. 75/2014 s. 5(1). (3A) Without limiting subsection (3), a licence, permit or warrant may be subject to a condition requiring the holder to— (a) comply with any document, code, standard, guideline, rule, method or specification formulated, issued, prepared, prescribed or published by any person or body; or (b) hold any other licence, permit or warrant issued under any law of Victoria or under any law of the Commonwealth. S. 19(4) amended by Nos 74/2004 s. 12, 75/2014 s. 5(2). (4) Unless a licence is a mobile facility licence, a licence, permit or warrant under this Division relates only to the premises described in it, and no licence, permit or warrant relating to premises in more than one locality can be issued. S. 19(5) amended by Nos 46/1998 s. 7(Sch. 1), 75/2014 s. 5(3). (5) A licence, permit or warrant cannot be issued unless the Secretary is satisfied that the applicant's premises or mobile facility (as the case requires) are suitable, sanitary and adequately equipped for the manufacture, sale, supply or use of the poisons or controlled substances to which the licence, permit or warrant relates. S. 19(6) inserted by No. 75/2014 s. 5(4). (6) The Secretary may issue a licence to a person in respect of a mobile facility. S. 19(7) inserted by No. 75/2014 s. 5(4). (7) A mobile facility licence— (a) relates to the mobile facility during the period the mobile facility is located at a mobile facility location; and
(b) is personal to the licence holder and is not transferable to another person; and (c) in addition to any conditions imposed under subsection (3) or (3A), is subject to the following conditions— (i) that the licence holder ensures each mobile facility is parked at a permanent fixed address specified in the licence during any period that the mobile facility is not travelling to or from, or located at, a mobile facility location; and (ii) that the mobile facility is registered under the Road Safety Act 1986 and identified by a number plate bearing a registration number; and (d) may be issued in respect of one or more mobile facilities if those mobile facilities are usually parked at the permanent fixed address specified in the licence. New s. 20 inserted by No. 12/1994 s. 9. 20 What a licence, permit or warrant can authorise S. 20(1) amended by No. 75/2014 s. 6(1). (1) Subject to subsection (2), a licence authorises a person to do all or any of the following— (a) manufacture and sell or supply by wholesale any Schedule 8 poison or Schedule 9 poison other than heroin; S. 20(1)(b) substituted by No. 74/2004 s. 4(1). (b) manufacture and sell or supply by wholesale any Schedule 2 poison, Schedule 3 poison, Schedule 4 poison or Schedule 7 poison; S. 20(1)(c) amended by No. 74/2004 s. 4(2). (c) manufacture and sell or supply by retail any Schedule 7 poison (other than a Schedule 7 poison included in the Poisons Code in the
S. 36A inserted by No. 10002 s. 5(1), amended by No. 42/1993 s. 47(8). 36A Forgery A person shall not forge or fraudulently alter or utter knowing it to be forged or fraudulently altered, a prescription or order for a Schedule 8 poison, Schedule 9 poison or Schedule 4 poison (not being a drug of dependence). 10 penalty units. S. 36B inserted by No. 10002 s. 5(1). 36B Unauthorized possession etc. of poison or controlled substance etc. (1) A person shall not knowingly by false representation, whether oral or in writing or by conduct— S. 36B(1)(a) amended by No. 42/1993 s. 47(9). (a) obtain a Schedule 8 poison, Schedule 9 poison or Schedule 4 poison from a person authorized by or licensed under this Act or the regulations to possess, manufacture, sell or supply the Schedule 8 poison, Schedule 9 poison or Schedule 4 poison; S. 36B(1)(b) amended by Nos 42/1993 s. 47(9), 23/1994 s. 118(Sch. 1 item 17.11), 58/1997 s. 96(Sch. item 3.3), 56/1996 s. 100(5). (b) obtain a prescription or order for a Schedule 8 poison, Schedule 9 poison or Schedule 4 poison from a registered medical practitioner, registered optometrist, dentist, pharmacist or veterinary practitioner or a person authorized by this Act or the regulations to issue or possess the prescription or order; S. 36B(1)(c) amended by Nos 42/1993 s. 47(9), 23/1994 s. 118(Sch. 1 item 17.11). (c) cause or induce a registered medical practitioner to administer a Schedule 8 poison, Schedule 9 poison or Schedule 4 poison to him by injection or otherwise; or S. 36B(1)(d) amended by No. 42/1993 s. 47(9). (d) cause or induce a pharmacist or a person authorized by this Act or the regulations to supply a Schedule 8 poison, Schedule 9 poison or Schedule 4 poison, to dispense a
S. 60BA(7) substituted by No. 37/2014 s. 10(Sch. item 47.4(b)). (7) In this section— designated place has the same meaning as in the Victoria Police Act 2013. S. 60C inserted by No. 55/2003 s. 4. 60C Where can police powers under this Division be exercised? S. 60C(1) amended by No. 37/2014 s. 10(Sch. item 47.5(a)). (1) A police officer may only exercise the powers under this Division in relation to a person who is— (a) in a public place; or S. 60C(1)(b) amended by No. 37/2014 s. 10(Sch. item 47.5(b)). (b) on private premises, if consent to enter the premises is given to the police officer— (i) by the occupier of those premises; or (ii) where there is no occupier of those premises, the owner of the premises. (2) In this section, public place has the same meaning as it has in the Summary Offences Act 1966. S. 60D inserted by No. 55/2003 s. 4, amended by No. 37/2014 s. 10(Sch. item 47.6). 60D Police may use reasonable force A police officer may use such force as is reasonably necessary when— (a) conducting a search under section 60E or 60F; (b) seizing a volatile substance or an item used to inhale a volatile substance under section 60J or 60K; (c) apprehending and detaining a person under section 60L. S. 60E inserted by No. 55/2003 s. 4, amended by No. 37/2014 s. 10(Sch. item 47.7). 60E Police may search person under 18 years of age without warrant Subject to sections 60G and 60H, a police officer, without warrant, may search a person and any vehicle, package or thing in that person's
S. 60G(1) amended by No. 37/2014 s. 10(Sch. item 47.9(a)(i)(ii)). (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. 60G(1)(a) amended by No. 37/2014 s. 10(Sch. item 47.9(a)(iii)). (a) inform the person of the police officer's name, rank and place of duty; and (b) if requested by the person, provide the information referred to in paragraph (a) in writing; and S. 60G(1)(c) amended by No. 37/2014 s. 10(Sch. item 47.9(a)(ii)(iii)). (c) produce the police officer's identification for inspection by the person, unless the police officer is in uniform. S. 60G(2) amended by No. 37/2014 s. 10(Sch. item 47.9(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 because of the effects of inhaling a volatile substance; or (b) it is otherwise impracticable to do so. 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(1) amended by No. 37/2014 s. 10(Sch. item 47.10(a)). (1) Subject to subsection (2), before a police officer commences a search of a person under section 60E or 60F, the police officer must—
S. 60H(1)(a) amended by No. 37/2014 s. 10(Sch. item 47.10(a)(ii)). (a) inform the person that, although it is not an offence to possess a volatile substance or an item used to inhale a volatile substance or to inhale a volatile substance, in certain circumstances and using reasonable force, the police officer may— (i) search a person for a volatile substance; and (ii) seize a volatile substance or item used to inhale a volatile substance that is in a person's possession or under a person's control; and S. 60H(1)(b) amended by No. 37/2014 s. 10(Sch. item 47.10(a)(ii)). (b) request the person to produce to the police officer any volatile substance or item used to inhale a volatile substance that is in the person's possession or under the person's control. S. 60H(2) amended by No. 37/2014 s. 10(Sch. item 47.10(b)). (2) A police officer is not required to comply with subsection (1) if the police officer believes on reasonable grounds that— (a) the person is unable to understand the information and request because of the effects of inhaling a volatile substance; or (b) it is otherwise impracticable to do so. S. 60I inserted by No. 55/2003 s. 4. 60I Request for explanation before seizure of volatile substances and items used to inhale volatile substances S. 60I(1) amended by No. 37/2014 s. 10(Sch. item 47.11(a)). (1) Subject to subsection (2), if, during the course of conducting a search of a person under section 60E or 60F, a police officer detects a volatile substance or item used to inhale a volatile substance, the police officer must ask the person why he or she is
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. 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. S. 60Q inserted by No. 55/2003 s. 4. 60Q Records concerning searches, seizure, receipt or disposal of property, apprehensions and detentions S. 60Q(1) amended by No. 37/2014 s. 10(Sch. item 47.18). (1) A police officer who conducts a search under section 60E must make a written record of the search containing the prescribed particulars.
(d) provide for specific, minimum or maximum or minimum and maximum fees; (e) provide for the waiver or reduction of fees; (g) in the case of applications for the issue or renewal of authorities, specify fees that reflect the cost of administration of, and the provision of inspection and other services in connection with this Part; (h) leave any matter to be approved or determined by the Secretary or an inspector. Pt 4B (Heading and ss 69N–69V) inserted by No. 13/2014 s. 4. Division 1—Preliminary S. 69N inserted by No. 13/2014 s. 4. 69N Definitions 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;
(i) the activities carried out under the licence; or (ii) a change in the position of director, manager, secretary or other executive position, however designated, or the structure of the business to which the licence relates; or (iii) any other matter that the Secretary reasonably requires in relation to the licence or the licensed activity; or (e) the disposal of poppy straw; or (f) the inspection, supervision and surveillance of poppy straw by an inspector. (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 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—
contained or with which it is mixed, that is specified in column 2B of that Part of that 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(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
(i) if that drug of dependence is contained in or mixed with another substance and the quantity of that mixture of drug of dependence and other substance is not less than the quantity specified in column 1B of that Part of that Schedule opposite to the name of that drug of dependence, means any amount of that drug of dependence; or (ii) in any other case, means the quantity that is specified in column 1A of that Part of that Schedule opposite to the name of that drug of dependence; (c) in relation to 2 or more drugs of dependence, means an aggregated large commercial quantity of those drugs; 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 public place inserted by No. 2/2016 s. 4. public place has the same meaning as it has in section 3 of the Summary Offences Act 1966; S. 70(1) def. of school inserted by No. 2/2016 s. 4. school has the same meaning as it has in section 1.1.3 of the Education and Training Reform Act 2006;
Cannabis Act 2016 or the regulations under that Act to do so, a drug of dependence in a quantity that is not less than the traffickable quantity applicable to that drug of dependence, the possession of that drug of dependence in that quantity is prima facie evidence of trafficking by that person in that drug of dependence. S. 74 substituted by No. 10002 s. 7(1), amended by Nos 48/1997 s. 41(6), 20/2016 s. 134. 74 Introduction of a drug of dependence into the body of another person A person who, without being authorized by or licensed under this Act or the regulations or the Access to Medicinal Cannabis Act 2016 or the regulations under that Act to do so, introduces or attempts to introduce a drug of dependence into the body of another person is guilty of an offence against this Act and liable to a penalty of not more than 30 penalty units or to level 8 imprisonment (1 year maximum) or to both that penalty and imprisonment. S. 75 substituted by No. 10002 s. 7(1), amended by No. 20/2016 s. 135. 75 Use of drug of dependence A person who, without being authorized by or licensed under this Act or the regulations or the Access to Medicinal Cannabis Act 2016 or the regulations under that Act to do so uses or attempts to use a drug of dependence is guilty of an offence against this Act and liable— S. 75(a) amended by No. 48/1997 s. 42(2). (a) where the court is satisfied on the balance of probabilities that the offence was committed in relation to cannabis or tetrahydrocannabinol—to a penalty of not more than 5 penalty units; and S. 75(b) amended by No. 48/1997 s. 41(7). (b) in any other case—to a penalty of not more than 30 penalty units or to level 8 imprisonment (1 year maximum) or to both that penalty and imprisonment.
In the case of a body corporate, 100 penalty units. S. 80R inserted by No. 55/2009 s. 8. 80R Police may inspect records S. 80R(1) amended by No. 37/2014 s. 10(Sch. item 47.29(a)). (1) Subject to subsection (4), a police officer, without warrant, at any time when the premises are open for business— (a) may enter premises where category 1 precursor chemicals, category 2 precursor chemicals or category 3 precursor apparatus are supplied; and (b) may inspect any records required to be kept under this Part which are at those premises. S. 80R(2) amended by No. 37/2014 s. 10(Sch. item 47.29(a)). (2) A police officer exercising a power under subsection (1) may require a person who supplies category 1 precursor chemicals, category 2 precursor chemicals or category 3 precursor apparatus to produce for inspection any records required to be kept under this Part. S. 80R(3) amended by No. 37/2014 s. 10(Sch. item 47.29(a)). (3) Without limiting subsection (2), if a document required to be produced under subsection (2) is or is part of a record kept in an electronically readable form, a police officer may require the document to be provided in a readily accessible form— (a) electronically; or (b) in a paper form produced from a computer. S. 80R(4) amended by No. 37/2014 s. 10(Sch. item 47.29(b)). (4) A police officer must show his or her identification before exercising a power under this section, unless that police officer is in police uniform.
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(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
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;
Pt 10 (Heading and ss 124–128) amended by Nos 10002 s. 14(g), 101/1986 s. 55(1)(g)(h), 90/1991 s. 36(a)(b), 31/1994 s. 3(Sch. 1 item 18), 48/1997 s. 47(d)(e), 108/1997 s. 152(1) (b)–(e)(2), repealed by No. 10/2007 s. 3. * * * * * S. 129 amended by No. 10002 s. 13(1)(a)(f). 129 Regulations S. 129(1) amended by Nos 42/1993 s. 54(1), 18/2000 s. 106(1)(a). (1) For the purpose of preventing the improper use of drugs of dependence and Schedule 1 poisons, Schedule 4 poisons, Schedule 8 poisons and Schedule 9 poisons or any preparation of them or any of them the Governor in Council may make regulations for or with respect to regulating or controlling the manufacture sale possession administration use supply distribution and storage of those substances and preparations and in particular, without affecting the generality of the foregoing provisions of this section or of any other provisions of this Act, for or with respect to—
S. 129(1)(a) amended by Nos 23/1994 s. 118(Sch. 1 item 17.16), 58/1997 s. 96(Sch. item 3.4), 56/1996 s. 100(6)(a), 94/2000 s. 52(1)(a), 18/2000 s. 106(1)(b), 25/2007 s. 33(1), 13/2010 s. 45(1), 14/2012 s. 8(1). (a) regulating the issue by registered medical practitioners, registered Chinese medicine practitioners, registered optometrists, registered podiatrists, nurse practitioners, registered nurses, registered midwives, dentists or veterinary practitioners of prescriptions for any such substance or preparation and the dispensing of any such prescriptions; S. 129(1)(aa) inserted by No. 10002 s. 13(1)(b), amended by Nos 23/1994 s. 118(Sch. 1 item 17.16), 58/1997 s. 96(Sch. item 3.4), 56/1996 s. 100(6)(b), 94/2000 s. 52(1)(b), 18/2000 s. 106(1)(c), 11/2002 s. 3(Sch. 1 item 16.2 (a)(b)), 13/2010 s. 45(1), 14/2012 s. 8(1). (aa) prohibiting either absolutely or subject to conditions the issue by registered medical practitioners, registered Chinese medicine practitioners, registered optometrists, nurse practitioners, registered nurses, registered midwives, veterinary practitioners and dentists of prescriptions or orders or classes of prescriptions or orders for any such substance or preparation; S. 129(1)(ab) inserted by No. 10002 s. 13(1)(b), amended by No. 18/2000 s. 106(1)(d). (ab) prohibiting either absolutely or subject to conditions the dispensing by pharmacists or registered Chinese herbal dispensers of prescriptions or orders or classes of prescriptions or orders for any such substance or preparation;
prescribing the form and contents of such advertisements; 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; (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). (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). (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(y) amended by No. 42/1993 s. 55(b)(i)(ii). (y) the administration and use of Schedule 3 poisons or any class of Schedule 3 poison; S. 132(z) amended by Nos 42/1993 s. 55(c), 23/1994 s. 118(Sch. 1 item 17.18(b)), 74/2000 s. 3(Sch. 1 item 38.5), 94/2000 s. 52(4)(c), 13/2010 s. 47(d), 14/2012 s. 9(2)(c). (z) regulating and controlling the issue by registered medical practitioners, nurse practitioners, registered nurses, registered midwives, registered optometrists, registered podiatrists, dentists or veterinary practitioners of prescriptions for any Schedule 3 poison and the dispensing of any such prescriptions; S. 132(za) amended by Nos 42/1993 s. 55(d), 23/1994 s. 118(Sch. 1 item 17.18(a)), 74/2000 s. 3(Sch. 1 item 38.6), 94/2000 s. 52(4)(d), 13/2010 s. 47(e), 14/2012 s. 9(2)(d). (za) regulating and controlling the sale or supply by pharmacists of Schedule 3 poisons to persons without direction from a registered medical practitioner, nurse practitioner, registered nurse, registered midwife, registered optometrist, registered podiatrist, veterinary practitioner or dentist; S. 132(zb) amended by No. 42/1993 s. 55(d). (zb) prescribing the manner in which Schedule 3 poisons may be dispensed by pharmacists and the keeping of records of each transaction effected by a pharmacist;
S. 132(zcd) inserted by No. 51/2011 s. 5. (zcd) for the purposes of Part VC, prescribing a number or numbers of hookahs that may be displayed; S. 132(zce) inserted by No. 13/2014 s. 7. (zce) any matter or thing required to be prescribed for the purposes of Part IVB; (zd) generally prescribing all such matters and things as are authorized or required to be prescribed or are necessary or convenient to be prescribed for carrying into effect the objects of this Act. S. 132AA inserted by No. 41/2011 s. 5. 132AA Regulations prescribing drugs of dependence (1) Subject to subsection (2), the Governor in Council may make regulations for or with respect to— (a) prescribing a substance as a drug of dependence; (b) specifying whether that prescribed drug of dependence is included in Part 1, Part 2 or Part 3 of Schedule Eleven; (c) specifying quantities in relation to that prescribed drug of dependence for the purposes of Schedule Eleven. (2) The Minister must not recommend the making of regulations under subsection (1) unless he or she is satisfied that the substance represents— (a) a significant risk to the health of consumers; or (b) a significant risk to public safety. (3) Despite anything to the contrary in section 5 of the Subordinate Legislation Act 1994, a regulation made under this section expires 12 months after the day on which the regulation is made.
(e) in the case of fees for applications for the issue, renewal or amendment of licences, permits or warrants, may vary according to the kinds of poisons or controlled substances to which the licence, permit or warrant relates; and S. 132B(f) amended by No. 55/2009 s. 9(2)(a). (f) confer powers or discretions or impose duties on any person; and S. 132B(g) inserted by No. 55/2009 s. 9(2)(b). (g) may exempt specified persons or things or classes of person or classes of thing from complying with all or any of the regulations, whether unconditionally or on specified conditions and either wholly or to such an extent as is specified. 133 Strict compliance with prescribed forms not necessary Forms set out in any regulations made under this Act or forms to the like effect may be used for the purposes thereof and shall be sufficient in law. S. 133A inserted by No. 25/1990 s. 3. 133A Exemption from regulatory impact statement procedure S. 133A(1) substituted by No. 42/1993 s. 57(1), amended by Nos 68/1996 s. 15(a), 75/2014 s. 24. (1) The provisions of the Subordinate Legislation Act 1994 with respect to the preparation of regulatory impact statements do not apply to a regulation which is consistent with, and gives effect in Victoria to, the Poisons Standard. S. 133A(2) amended by Nos 42/1993 s. 57(2), 68/1996 s. 15(b). (2) Any regulation to which subsection (1) applies may be disallowed, in whole or in part, by resolution of either House of Parliament in accordance with the requirements of section 23 of the Subordinate Legislation Act 1994.
matter be taken to be a reference of the kind listed opposite in Column 2. TABLE Column 1 Old Reference Column 2 New Reference Domestic poison Schedule 5 poison Special poison (if the reference relates to a Schedule 1 poison) Schedule 1 poison Narcotic drug Schedule 8 poison or Schedule 9 poison Hallucinogenic drug Schedule 8 poison or Schedule 9 poison Dangerous poison (if the reference relates to a Schedule 1 poison) Schedule 1 poison Medicinal poison Schedule 2 poison Potent substance Schedule 3 poison Restricted substance Schedule 4 poison Hazardous substance Schedule 5 poison Industrial and Agricultural poison Schedule 6 poison Dangerous poison (if the reference relates to a Schedule 7 poison) Schedule 7 poison Special poison (if the reference relates to a Schedule 7 poison) Schedule 7 poison Special poison (if the reference relates to a regulated poison) Regulated poison Drug of addiction Schedule 8 poison or Schedule 9 poison Substance specified in Schedule One of the Drugs, Poisons and Controlled Substances Act 1981 Schedule 1 poison Substance specified in Schedule Two of the Drugs, Poisons and Controlled Substances Act 1981 Schedule 2 poison Substance specified in Schedule Three of the Drugs, Poisons and Controlled Schedule 3 poison
(ii) an analyst or botanist within the meaning of section 120 of that Act certifies in writing to the 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. 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. Part 1 Column 1 Column 2 Column 3 Drug Quantity of pure drug Quantity of pure drug Kilograms Grams ACETORPHINE 20 N-ACETYLAMPHETAMINE 20 20 ACETYLDIHYDROCODEINE 100 1000 ACETYLMETHADOL 20 N-ACETYLMETHYLAMPHETAMINE 20 20 ALPRAZOLAM 05 ANILERIDINE 250 BARBITURATES 20 500 1, 4-BENZODIAZEPINES not included elsewhere in this Part 100 BENZOXAZOCINES 20 500 BENZETHIDINE 100 BENZYLMORPHINE 50 BEZITRAMIDE 50 BROMAZEPAM 30 05 05 05 05
Sentencing Amendment (Baseline Sentences) Act 2014, No. 52/2014 Assent Date: 12.8.14 Commencement Date: Ss 17, 18 on 2.11.14: Special Gazette (No. 350) 7.10.14 p. 1 Current State: This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981 Criminal Organisations Control and Other Acts Amendment Act 2014, No. 55/2014 Assent Date: 26.8.14 Commencement Date: Ss 50–53 on 1.10.14: Special Gazette (No. 330) 23.9.14 p. 1 Current State: This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981 Crimes Amendment (Abolition of Defensive Homicide) Act 2014, No. 63/2014 Assent Date: 9.9.14 Commencement Date: S. 7(8)–(11) on 1.11.14: Special Gazette (No. 350) 7.10.14 p. 1 Current State: This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981 Drugs, Poisons and Controlled Substances Further Amendment Act 2014, No. 75/2014 Assent Date: 21.10.14 Commencement Date: Ss 4–24 on 30.10.14: Special Gazette (No. 400) 29.10.14 p. 1 Current State: This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981 Justice Legislation Amendment (Confiscation and Other Matters) Act 2014, No. 79/2014 Assent Date: 21.10.14 Commencement Date: S. 62 on 1.11.14: s. 2(4) Current State: This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981 Drugs, Poisons and Controlled Substances Amendment Act 2016, No. 2/2016 Assent Date: 16.2.16 Commencement Date: Ss 4–16 on 20.10.16: s. 2(2) Current State: This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981