36A Forgery 90 36B Unauthorized possession etc. of poison or controlled substance etc. 91 Division 10A—Administration of medication in aged care services 92 36C Effect of this Division 92 36D Definitions 92 36E Administration of drugs of dependence, Schedule 9 poisons, Schedule 8 poisons and Schedule 4 poisons in aged care services 93 36F Registered nurse to have regard to code or guideline 93 Division 11—Appeals 94 37 Appeals 94 Division 12—Sale of poisons book 94 38 Record of sale of poisons 94 38A Authorised possession of certain poisons 95 40 Sale or supply of poisons or controlled substances to persons under age 95 Division 13—Authorized officers 95 41 Secretary may authorize person to carry out functions of authorized officer 95 42 Inspections 96 43 Duties of officers in relation to seized substances 98 44 Persons who are liable for contravention of Act 99 Division 13A—Authorised police employees and other authorised persons 102 44A Chief Commissioner may authorise person to carry out functions of authorised police employee 102 44B Powers, duties and functions of authorised police employee 102 44C Other authorised persons 103 Division 14—Offences 104 45 Time within which charge-sheet to be filed 104 46 Offences 104 47 Maximum sentence etc. 105 48 Offence to receive certain moneys etc. 105 49 Obtaining licence by fraud 105 50 Immunity of authorized officers and authorised police employees 106 Division 15—Poison baits 106 52 Setting of poison baits 106
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Acts and enactments mentioned in the table to this subsection, to the extent to which they are therein expressed to be repealed are hereby repealed accordingly. TABLE Number of Act Title of Act Extent of Amendment or Repeal 6889 Poisons Act 1962 So much as has not already been repealed. 7065 Statute Law Revision Act 1963 Items in Schedule relating to the Poisons Act 1962. 7588 Poisons (Amendment) Act 1967 The whole. 7703 Abolition of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.
(i) by the replacement of one or more of its functional groups with another; (ii) by the replacement of up to 2 ring structures with any other ring structure; (iii) by the addition of hydrogen atoms to one or more unsaturated bonds; or (b) a homologue of the drug; or (c) a derivative or isomer of a substance referred to in paragraph (a) or (b)— but does not include a substance that is itself specified in column 1 of Part 1 or column 1 of Part 3 of Schedule Eleven; S. 4(1) def. of approved medicinal cannabis product inserted by No. 20/2016 s. 101(1). approved medicinal cannabis product has the same meaning as it has in the Access to Medicinal Cannabis Act 2016; S. 4(1) def. of authorised police employee inserted by No. 52/2006 s. 4, amended by No. 37/2014 s. 10(Sch. item 47.1(b)). authorised police employee means— (a) a Victoria Police employee authorised under section 44A; or (b) a Victoria Police employee who is a member of a class of Victoria Police employee authorised under section 44A;
S. 4(1) def. of category 3 precursor apparatus inserted by No. 55/2009 s. 7. category 3 precursor apparatus means an item or class of item prescribed as a category 3 precursor apparatus; S. 4(1) def. of certificate of health and safety destruction or disposal inserted by No. 52/2006 s. 4. certificate of health and safety destruction or disposal means a certificate given by an analyst or a botanist under section 91(1)(c); S. 4(1) def. of Chief General Manager inserted by No. 10262 s. 4, substituted by No. 42/1993 s. 35(b), repealed by No. 46/1998 s. 7(Sch. 1). * * * * * S. 4(1) def. of Commission repealed by No. 10262 s. 4. * * * * * Committee means the Poisons Advisory Committee constituted under Division 3 of Part II; S. 4(1) def. of standard inserted by No. 42/1993 s. 35(c), repealed by No. 75/2014 s. 10(2)(a). * * * * *
S. 4(1) def. of medicinal cannabis product inserted by No. 20/2016 s. 101(1). medicinal cannabis product has the same meaning as it has in the Access to Medicinal Cannabis Act 2016; S. 4(1) def. of medicinal poison repealed by No. 42/1993 s. 35(a). * * * * * S. 4(1) def. of mobile facility inserted by No. 75/2014 s. 4. mobile facility means a trailer or vehicle suitably fitted out or containing equipment and apparatus for the manufacture, sale and supply of a perishable pest animal bait that is a Schedule 7 poison to which a mobile facility licence relates; S. 4(1) def. of mobile facility licence inserted by No. 75/2014 s. 4. mobile facility licence means a licence issued under section 19(6); S. 4(1) def. of mobile facility location inserted by No. 75/2014 s. 4. mobile facility location means a location where the manufacture, sale or supply of a perishable pest animal bait that is a Schedule 7 poison authorised under a mobile facility licence is carried out; S. 4(1) def. of narcotic plant repealed by No. 10002 s. 2(b). * * * * *
S. 4(1) def. of poison or controlled substance substituted by No. 42/1993 s. 35(e), amended by No. 20/2016 s. 101(2)(a)(b). 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; or (k) medicinal cannabis; S. 4(1) def. of Poisons Code inserted by No. 42/1993 s. 35(f), amended by No. 68/1996 s. 9. 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 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. 4(1) def. of Schedule 6 Poison inserted by No. 42/1993 s. 35(h), amended by Nos 74/2004 s. 6(2)(e), 75/2014 s. 10(2)(f). Schedule 6 Poison means a substance in Schedule 6 of the Poisons Standard; S. 4(1) def. of Schedule 7 Poison inserted by No. 42/1993 s. 35(h), amended by Nos 74/2004 s. 6(2)(f), 75/2014 s. 10(2)(g). Schedule 7 Poison means a substance in Schedule 7 of the Poisons Standard; S. 4(1) def. of Schedule 8 Poison inserted by No. 42/1993 s. 35(h), amended by Nos 74/2004 s. 6(2)(g), 75/2014 s. 10(2)(h), 20/2016 s. 101(2)(c). Schedule 8 Poison means a substance in Schedule 8 of the Poisons Standard other than medicinal cannabis; S. 4(1) def. of Schedule 9 Poison inserted by No. 42/1993 s. 35(h), amended by Nos 74/2004 s. 6(2)(h), 75/2014 s. 10(2)(i), 20/2016 s. 101(2)(d). Schedule 9 Poison means a substance in Schedule 9 of the Poisons Standard other than medicinal cannabis;
(c) authorize, direct, cause, allow, suffer, permit or attempt to do any of the acts or things mentioned in paragraph (a) or paragraph (b)— and the derivatives of supply shall have corresponding meanings; S. 4(1) def. of therapeutic use inserted by No. 42/1993 s. 35(i). therapeutic use means use in or in connection with— (a) the preventing, diagnosing, curing or alleviating of a disease, ailment, defect or injury in human beings or animals; or (b) influencing, inhibiting, or modifying of a physiological process in human beings or animals; or (c) the testing of the susceptibility of human beings or animals to a disease or ailment; S. 4(1) def. of veterinary practitioner inserted by No. 58/1997 s. 96(Sch. item 3.1). veterinary practitioner means a veterinary practitioner registered under the Veterinary Practice Act 1997; S. 4(1) def. of veterinary surgeon repealed by No. 58/1997 s. 96(Sch. item 3.1). * * * * * S. 4(1) def. of Victoria Police employee inserted by No. 37/2014 s. 10(Sch. item 47.1(a)). Victoria Police employee has the same meaning as in the Victoria Police Act 2013;
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. 12A(1) amended by No. 74/2004 s. 7(1)(a). (1) The Poisons List may contain—
S. 13(1)(b) amended by Nos 10002 s. 4(b), 56/1996 s. 100(2). (b) any authorized officer is hereby authorized to obtain and have in his possession and to sell or supply any poison or controlled substance or drug of dependence in the exercise or performance of any power, function or duty conferred or imposed upon him by this Act or the regulations; and S. 13(1)(baa) inserted by No. 9/2014 s. 5. (baa) any person employed or engaged by a declared testing facility is hereby authorised to possess a drug of dependence, a poison or controlled substance or any other thing that has been supplied to the declared testing facility under section 98 to the extent that the possession is required for the purpose for which the drug of dependence, poison or controlled substance or thing has been supplied to the facility; and S. 13(1)(bab) inserted by No. 9/2014 s. 5. (bab) any person who is authorised under section 44C is hereby authorised to obtain and possess a drug of dependence, a poison or controlled substance or any other thing in accordance with that authorisation; and S. 13(1)(ba) inserted by No. 94/2000 s. 49(1), amended by No. 97/2005 s. 179(1)(a), substituted by No. 13/2010 s. 37(1)(a). (ba) any nurse practitioner is hereby authorised to obtain and have in his or her possession and to use, sell or supply any Schedule 2, 3, 4 or 8 poison approved by the Minister in relation to the relevant category of nurse practitioner in the lawful practice of his or her profession as a nurse practitioner; and S. 13(1)(bb) inserted by No. 13/2010 s. 37(1)(a). (bb) any registered nurse whose registration is endorsed under section 94 of the Health Practitioner Regulation National Law is hereby authorised to obtain and have in his or her possession and to use, sell or supply
(ii) one is to be from the wholesaling sector of that industry; (e) one is to be a person with expertise in the manufacturing and distribution of poisons for non-therapeutic use; (f) one is to be the nominee of the Chief Commissioner of Police. (3) If the Chief Commissioner of Police fails to nominate a person under subsection (2)(f) within 1 month of receiving a request in writing from the Minister to do so, the Minister may appoint a person the Minister considers suitable to that office. S. 15A inserted by No. 68/1996 s. 13. 15A Terms and conditions of appointment (1) A member of the Committee holds office for a period not exceeding 3 years and is eligible for reappointment. (2) The instrument of appointment of a member of the Committee may specify terms and conditions of appointment. S. 15A(3) amended by No. 46/1998 s. 7(Sch. 1). (3) A member of the Committee, other than a member who is an employee of the public service, is entitled to receive the fees, travelling and other allowances from time to time fixed by the Minister in respect of that member. S. 15A(4) amended by No. 46/1998 s. 7(Sch. 1), substituted by Nos 108/2004 s. 117(1) (Sch. 3 item 60.1), 80/2006 s. 26(Sch. item 29). (4) The Public Administration Act 2004 (other than Part 3 of that Act) applies to a member of the Committee in respect of the office of member.
S. 17 amended by Nos 10262 s. 4, 12/1994 s. 8, substituted by No. 68/1996 s. 13. 17 Functions of the Committee (1) The functions of the Committee are— S. 17(1)(a) amended by No. 46/1998 s. 7(Sch. 1). (a) to advise the Minister and the Secretary, having regard to the interests of protecting and promoting public health, on— (i) the availability and presentation of drugs and poisons; and (ii) responses to issues relating to drugs and poisons; and S. 17(1)(b) amended by No. 46/1998 s. 7(Sch. 1). (b) to advise the Minister or the Secretary on any matter referred to the Committee by the Minister or the Secretary, as the case may be. (2) The Committee must consult with a nominee of the Minister administering the Agricultural and Veterinary Chemicals (Control of Use) Act 1992 on any issue relating to agricultural and veterinary chemicals. S. 18 amended by No. 68/1996 s. 14, substituted by No. 46/1998 s. 7(Sch. 1), amended by No. 108/2004 s. 117(1) (Sch. 3 item 60.2). 18 Officers of committee A secretary to the committee and any employees that it is necessary and expedient to employ for carrying out the objects and purposes of this Act may be employed under Part 3 of the Public Administration Act 2004.
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—
accordingly against any member or members of the firm; and (b) this section shall be read and construed and have effect as if the name or names of the member or members of the firm had appeared on the label. S. 44(6) inserted by No. 20/2016 s. 117. (6) This section does not apply to medicinal cannabis. Pt 2 Div. 13A (Heading) amended by No. 9/2014 s. 6. Pt 2 Div. 13A (Heading and ss 44A, 44B) inserted by No. 52/2006 s. 5. Division 13A—Authorised police employees and other authorised persons S. 44A inserted by No. 52/2006 s. 5. 44A Chief Commissioner may authorise person to carry out functions of authorised police employee S. 44A(1) substituted by No. 37/2014 s. 10(Sch. item 47.2). (1) For the purposes of this Act, the Chief Commissioner of Police may in writing authorise, either generally or in a particular case, a Victoria Police employee or a class of Victoria Police employee to perform the powers, duties and functions of an authorised police employee under this Division. (2) An authority under subsection (1)— (a) may be expressed to be in force for a period specified in the authority;
(2) In proceedings for an offence against section 58 production of evidence that an article contains or a substance is a residue or vapour of a volatile substance is prima facie evidence that the article or substance is or contains a volatile substance. Pt 4 Div. 2 (Heading and ss 60A–60T) inserted by No. 55/2003 s. 4. Division 2—Volatile substances S. 60A inserted by No. 55/2003 s. 4. 60A Purpose of Division (1) The purpose of this Division is to protect the health and welfare of persons under 18 years of age. (2) Nothing in this Division makes it an offence or is to be taken to create an offence— (a) for a person to possess or have in the person's control a volatile substance or an item used to inhale a volatile substance; or (b) for a person to inhale a volatile substance. S. 60B (Heading) amended by No. 43/2011 s. 19(1). S. 60B inserted by No. 55/2003 s. 4, amended by Nos 43/2011 s. 19(2), 37/2014 s. 10(Sch. item 47.3). 60B Police or protective services officer to take into account the best interests of person under 18 years of age In the exercise of any powers under this Division in relation to a person under 18 years of age, a police officer or a protective services officer must take into account the best interests of the person. S. 60BA inserted by No. 43/2011 s. 20. 60BA Protective services officer may exercise police powers under this Division
S. 60BA(1) amended by No. 37/2014 s. 10(Sch. item 47.4(a)). (1) Subject to subsection (3), a protective services officer on duty at a designated place may exercise all the powers and has all the responsibilities given to or imposed on a police officer under this Division other than section 60M(4) and (5). S. 60BA(2) amended by No. 37/2014 s. 10(Sch. item 47.4(a)). (2) Any reference in this Division to an action taken by a police officer includes any action taken by a protective services officer exercising the powers of a police officer in reliance on subsection (1). (3) A protective services officer may only exercise the powers under this Division in relation to a person who is at, or in the vicinity of, a designated place. (4) Subsection (5) applies if a protective services officer— (a) has detained a person who is under 18 years of age under section 60L; and (b) after taking all reasonable steps, has been unable to release the person into the care of a suitable person in accordance with section 60M(3). (5) The protective services officer— (a) may release the detained person; or S. 60BA(5)(b) amended by No. 37/2014 s. 10(Sch. item 47.4(a)). (b) subject to section 60M(2), may continue to detain the person until the person can be handed into the custody of a police officer. (6) In taking an action under subsection (5), a protective services officer must take the action which he or she reasonably believes is the most appropriate in the circumstances. 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. 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 inserted by No. 55/2003 s. 4. 60M How long may a person be detained and where? S. 60M(1) amended by No. 37/2014 s. 10(Sch. item 47.15(a)). (1) A person who has been apprehended and detained under section 60L must be released immediately upon it becoming known to a police officer that the person is not under 18 years of age. S. 60M(2) amended by No. 37/2014 s. 10(Sch. item 47.15(a)). (2) A person who has been apprehended and detained under section 60L and who is under 18 years of age may only be detained for as long as a police officer has reasonable grounds for believing that the person— (a) has recently inhaled a volatile substance; and
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; (b) amends the maximum quantity of alkaloid poppies that may be cultivated under the contract; (c) amends the date the contract expires; (d) cancels the contract. Penalty: 100 penalty units. S. 69SA inserted by No. 13/2014 s. 4. 69SA Offence to fail to report amendment or cancellation A licensed processor must inform the Secretary within 10 business days if a Commonwealth licence to manufacture or a Commonwealth licence to export required for the current poppy
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
another substance and the quantity of that mixture of drug of dependence and other substance is not less than the quantity specified in column 2A 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 2 of that Part of that Schedule opposite to the name of that drug of dependence; (d) in relation to 2 or more drugs of dependence, means an aggregated commercial quantity of those drugs; S. 70(1) def. of cultivate inserted by No. 61/2001 s. 4(1), amended by No. 52/2006 s. 8(8). cultivate, in relation to a narcotic plant includes— (a) sow a seed of a narcotic plant; or (b) plant, grow, tend, nurture or harvest a narcotic plant; or (c) graft, divide or transplant a narcotic plant; S. 70(1) def. of large commercial quantity inserted by No. 61/2001 s. 4(1). large commercial quantity— (a) 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 1A 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 3 of Schedule Eleven—
S. 71AB inserted by No. 61/2001 s. 5, amended by No. 2/2016 s. 5(1)(2) (ILA s. 39B(1)). 71AB Trafficking in a drug of dependence to a child S. 71AB(1) amended by No. 20/2016 s. 121. (1) Subject to subsection (2), 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, trafficks or attempts to traffick in a drug of dependence to a child is guilty of an indictable offence and liable to level 3 imprisonment (20 years maximum). S. 71AB(2) inserted by No. 2/2016 s. 5(2), amended by No. 20/2016 s. 121. (2) A person who, without being authorised 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, trafficks or attempts to traffick in a drug of dependence to a child at a school or in a public place within 500 metres of a school is guilty of an indictable offence and liable to level 2 imprisonment (25 years maximum). S. 71AC inserted by No. 61/2001 s. 5, amended by No. 2/2016 s. 6(1)(2) (ILA s. 39B(1)). 71AC Trafficking in a drug of dependence S. 71AC(1) amended by No. 20/2016 s. 122. (1) Subject to subsection (2), 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, trafficks or attempts to traffick in a drug of dependence is guilty of an indictable offence and liable to level 4 imprisonment (15 years maximum).
(b) supplies a drug of dependence to a child at a school or in a public place within 500 metres of a school for the use of that drug of dependence by that child— is guilty of an indictable offence and liable to a penalty of not more than 1600 penalty units or level 3 imprisonment (20 years maximum) or both. (2) Despite section 70(2), in this section supply has the same meaning as in section 4(1) of this Act. (3) This section does not apply to a person who supplies a drug of dependence to a child if, at the time of supplying that drug, that person was also a child. (4) It is a defence to a charge under this section for a person charged to prove that he or she believed on reasonable grounds that the person to whom the drug of dependence was supplied was 18 years of age or older. S. 71C inserted by No. 52/2006 s. 11, amended by No. 20/2016 s. 125. 71C Possession of tablet press A person who, without being authorized by or licensed under this Act or the regulations (if any) or the Access to Medicinal Cannabis Act 2016 or the regulations under that Act (if any) to do so or otherwise without a lawful excuse, possesses a tablet press is guilty of an indictable offence and liable to a penalty of not more than 600 penalty units or level 6 imprisonment (5 years maximum) or both. S. 71D inserted by No. 52/2006 s. 12 (as amended by No. 10/2007 s. 6), amended by No. 20/2016 s. 126. 71D Possession of precursor chemicals A person who, without being authorized by or licensed under this Act or the regulations (if any) or the Access to Medicinal Cannabis Act 2016 or the regulations under that Act (if any) to do so or otherwise without a lawful excuse, possesses a prescribed precursor chemical in a quantity that is
(a) with the intention that the instructions will be used by another person for the purposes of the trafficking or cultivation of a drug of dependence; or (b) knowing or being reckless as to whether the instructions will be used by another person for the purpose of the trafficking or cultivation of a drug of dependence— is guilty of an indictable offence and liable to a penalty of not more than 1200 penalty units or level 5 imprisonment (10 years maximum) or both. (2) For the purposes of subsection (1), it is irrelevant whether the document or the instructions contained in the document actually work to traffick or cultivate a drug of dependence. (3) For the purposes of this section, publish includes sell, offer for sale, let on hire, exhibit, display, distribute and demonstrate. (4) Section 104 does not apply to an offence against this section. S. 72 substituted by No. 10002 s. 7(1), amended by No. 48/1997 ss 40(1)(2), 41(2)(3), substituted by No. 61/2001 s. 6, amended by No. 20/2016 s. 129. 72 Cultivation of narcotic plants—large commercial quantity 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, cultivates or attempts to cultivate a narcotic plant in a quantity of a drug of dependence, being a narcotic plant, that is not less than the large commercial quantity applicable to that narcotic plant is guilty of an indictable offence and liable— (a) to level 1 imprisonment (life); and
S. 80HA inserted by No. 64/2010 s. 11. 80HA Definition In this Part— ice pipe means a device— (a) capable of being used or intended for use or designed for the introduction, or for introducing, into the body of a person the drug of dependence methylamphetamine, by means of smoking or inhaling of smoke or fumes resulting from the heating or burning of methylamphetamine in a crystalline form; or (b) that is intended to be used as a device referred to in paragraph (a) but that is not capable of being so used because it needs adjustment, modification or addition. S. 80HB inserted by No. 64/2010 s. 11. 80HB Offence to display an ice pipe in a retail outlet (1) A person must not display an ice pipe in a retail outlet. In the case of a natural person 240 penalty units; In the case of a body corporate 600 penalty units. (2) In this section, retail outlet includes— (a) a shop; (b) a market. S. 80HC inserted by No. 64/2010 s. 11. 80HC Offence to sell or supply an ice pipe A person must not sell or supply an ice pipe. In the case of a natural person 240 penalty units;
(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. (5) This section does not limit or prevent the exercise of any other inspection power or enforcement power under this Act or the regulations or any other law. S. 80S inserted by No. 55/2009 s. 8. 80S Offence not to produce records A person must comply with a requirement under section 80R to produce a record required to be kept under this Part. In the case of a natural person, 20 penalty units; In the case of a body corporate, 100 penalty units. Pt 5C (Headings and ss inserted by No. 51/2011 s. 4. Division 1—Display, sale and supply
S. 83(1)(d) amended by No. 101/1986 s. 58(1)(d)(ii). (d) the nature of any instrument or device produced to, or inspected by, the court— and may also order that the quantity remaining of the substance, drug of dependence or poison or controlled substance be forfeited to Her Majesty and either destroyed or disposed of in such 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(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.
(5) Without limiting any other power under this Act, the Chief Commissioner of Police or a delegated police officer may authorise the disposal or destruction of, or cause to be destroyed or disposed of, any sample of a thing referred to in subsection (1)(b) taken in accordance with this section where that sample of that thing is no longer required for the purpose of any subsequent proceedings. S. 92 repealed by No. 10002 s. 7(1), new s. 92 inserted by No. 52/2006 s. 14. 92 Delegated police officers (1) The Chief Commissioner of Police may delegate, either generally or in a particular case, the function under section 91 of disposing of or destroying a thing referred to in section 91(1)(b) to— S. 92(1)(a) amended by No. 37/2014 s. 10(Sch. item 47.41). (a) a police officer of or above the rank of superintendent; or S. 92(1)(b) amended by No. 37/2014 s. 10(Sch. item 47.41). (b) a class of police officer of or above the rank of superintendent. (2) A delegation under subsection (1) must be in writing. S. 93 repealed by No. 10002 s. 7(1), new s. 93 inserted by No. 52/2006 s. 14. 93 Certificate and report to be provided to Chief Commissioner of Police (1) If a delegated police officer destroys or disposes of a thing referred to in section 91(1)(b) in accordance with section 91(2), the officer must, as soon as practicable after doing so, provide the Chief Commissioner of Police with— (a) a copy of the certificate of health and safety destruction or disposal; and (b) a written report containing the details required by subsection (3).
S. 118 amended by No. 10262 s. 4, substituted by No. 42/1993 s. 51. 118 List of licences and permits 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. S. 118(7) inserted by No. 20/2016 s. 140. (7) This section does not apply to medicinal cannabis manufacturing licences, practitioner medicinal cannabis authorisations, patient medicinal cannabis access authorisations or any other authorisation under the Access to Medicinal Cannabis Act 2016. 119 Evidentiary 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,
person appearing to have signed the certificate or that he is an analyst or botanist (as the case requires) be sufficient evidence— S. 120(1)(a) amended by No. 101/1986 s. 58(1)(f). (a) in the case of a certificate purporting to be signed by an analyst, of the identity or quantity or both the identity and quantity of the thing analysed, of the result of the analysis and of the matters relevant to such proceedings stated in the certificate; and S. 120(1)(b) amended by No. 101/1986 s. 58(1)(f). (b) in the case of the certificate purporting to be signed by a botanist, of the identity or quantity or both the identity and quantity of the thing examined. (2) The provisions of subsection (1) do not apply— S. 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(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. 129(2) inserted by No. 10002 s. 13(1)(g), amended by Nos 23/1994 s. 118(Sch. 1 item 17.17), 58/1997 s. 96(Sch. item 3.5), 56/1996 s. 100(6)(c), 94/2000 s. 52(1)(c), 18/2000 s. 106(1)(e), 25/2007 s. 33(2), 13/2010 s. 45(2), 14/2012 s. 8(2). (2) Notwithstanding anything to the contrary in paragraph (h) of subsection (1) or in any regulations made under that subsection, a person who being a registered medical practitioner, registered Chinese medicine practitioner or registered Chinese herbal dispenser, registered optometrist, registered podiatrist, nurse practitioner, registered nurse, registered midwife, veterinary practitioner, dentist or pharmacist, contravenes or fails to comply with a regulation made under that subsection is guilty of an indictable offence and liable to a penalty of not more than 200 penalty units or to imprisonment for a term of not more than five years or to both such penalty and imprisonment. S. 129A inserted by No. 20/2016 s. 142. 129A Regulations—medicinal cannabis (1) Without limiting section 129 or 132 and in addition to the powers provided in those sections, the Governor in Council may make regulations for or with respect to— (a) prohibiting, regulating or controlling the manufacture, sale, possession, administration, use, supply, distribution, safe custody and storage of intermediate cannabis products and medicinal cannabis products; (b) preventing the improper use of intermediate cannabis products and medicinal cannabis products; (c) prohibiting or regulating the issue by registered medical practitioners of patient medicinal cannabis access authorisations for any approved medicinal cannabis products and other medicinal cannabis products and the dispensing of those authorisations;
S. 130(b) substituted by No. 80/2004 s. 150(Sch. 2 item 2.5), amended by Nos 97/2005 s. 182(Sch. 4 item 16.5), 13/2010 s. 46(a), repealed by No. 27/2012 s. 16. * * * * * S. 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
(iv) any other matter or thing required to be prescribed for the purposes of that Part; S. 132(zcd) inserted by No. 51/2011 s. 5. (zcd) for the purposes of Part VC, prescribing a number or numbers of hookahs that may be displayed; 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.
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, 40/2017 ss 21–23. 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 * * * * * BUFOTENINE 20 BUTORPHANOL 15 20 CHLORAL HYDRATE 20 500 CHLORDIAZEPOXIDE 50 20 20 Column 1 Column 2 Column 3 (iii),
Assent Date: 16.12.86 Commencement Date: 1.1.87: s. 2 Current State: 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 Current State: 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 Current State: 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 Current State: This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981 Liquor Control Act 1987, No. 97/1987 Assent Date: 1.12.87 Commencement Date: S. 181(2) on 3.5.88: Government Gazette 27.4.88 p. 1044 Current State: 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 Current State: 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 Assent Date: 14.6.89 Commencement Date: S. 286(Sch. 2 item 9) on 23.9.91: Government Gazette 28.8.91 p. 2368 Current State: This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981 Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989
Assent Date: 17.12.96 Commencement Date: Pt 3(ss 8–15) on 17.12.96: s. 2(1) Current State: This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981 Sentencing and Other Acts (Amendment) Act 1997, No. 48/1997 Assent Date: 11.6.97 Commencement Date: Ss 35–42, 44–47 on 1.9.97: s. 2(2); s. 43 on 11.6.98: Government Gazette 11.6.98 p. 1314 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 1997, No. 54/1997 (as amended by No. 52/1998) Assent Date: 21.10.97 Commencement Date: Ss 1–4 on 21.10.97: s. 2(1); ss 5, 6 on 1.10.98: Government Gazette 13.8.98 p. 2182 Current State: All of Act in operation Veterinary Practice Act 1997, No. 58/1997 Assent Date: 28.10.97 Commencement Date: S. 96(Sch. item 3) on 17.3.98: Government Gazette 12.3.98 p. 520 Current State: This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981 Confiscation Act 1997, No. 108/1997 Assent Date: 23.12.97 Commencement Date: S. 152 on 1.7.98: Government Gazette 25.6.98 p. 1561 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 1998, No. 9/1998 Assent Date: 28.4.98 Commencement Date: Ss 1, 2 on 28.4.98: s. 2(1); rest of Act on 31.12.98: Government Gazette 10.12.98 p. 2998 Current State: All of Act in operation Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998
Assent Date: 21.6.11 Commencement Date: S. 3(Sch. 1 item 30) on 22.6.11: s. 2(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 Amendment (Drugs of Dependence) Act 2011, No. 41/2011 Assent Date: 6.9.11 Commencement Date: Ss 4, 5 on 7.9.11: s. 2 Current State: This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981 Justice Legislation Amendment (Protective Services Officers) Act 2011, No. 43/2011 Assent Date: 6.9.11 Commencement Date: Ss 18–20 on 28.11.11: Special Gazette (No. 379) 22.11.11 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 Amendment (Prohibition of Display and Sale of Cannabis Water Pipes) Act 2011, No. 51/2011 Assent Date: 18.10.11 Commencement Date: 1.1.12: s. 2 Current State: All of Act in operation Drugs, Poisons and Controlled Substances Amendment (Supply by Midwives) Act 2012, No. 14/2012 Assent Date: 3.4.12 Commencement Date: Ss 4–9 on 30.11.12: s. 2(2) Current State: This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981 Health Professions Registration (Repeal) Act 2012, No. 27/2012 Assent Date: 29.5.12 Commencement Date: Ss 9–16 on 1.7.12: s. 2 Current State: This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981 Criminal Procedure Amendment Act 2012, No. 48/2012 Assent Date: 4.9.12 Commencement Date: Ss 41, 42 on 5.9.12: s. 2(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 Amendment Act 2012, No. 57/2012
Drugs, Poisons and Controlled Substances (Drugs of Dependence) Regulations 1999, S.R. No. 107/1999 Date of Making: 17.8.99 Date of Commencement: 17.8.99 Drugs, Poisons and Controlled Substances (Drugs of Dependence) Regulations 2000, S.R. No. 85/2000 Date of Making: 29.8.00 Date of Commencement: 29.8.00 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Government Gazettes 29 December 1983, page 4187 22 February 1984, page 575 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 3 Amendments Not in Operation This publication does not include amendments made to the Drugs, Poisons and Controlled Substances Act 1981 by the following Act/s. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Fines Reform Act 2014, No. 47/2014 Assent Date: 1.7.14 Commencement Date: S. 260 not yet proclaimed Current State: This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981 Sentencing Amendment (Sentencing Standards) Act 2017, No. 34/2017 Assent Date: 15.8.17 Commencement Date: Ss 15, 16, 36, 37 not yet proclaimed Current State: This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981 Drugs, Poisons and Controlled Substances Miscellaneous Amendment Act 2017, No. 40/2017 Assent Date: 12.9.17 Commencement Date: Ss 4, 5, 8–18, 20 not yet proclaimed Current State: This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981 Justice Legislation Amendment (Protective Services Officers and Other Matters) Act 2017, No. 45/2017