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Acts and enactments mentioned in the table to this subsection, to the extent to which they are therein expressed to be repealed are hereby repealed accordingly. TABLE Number of Act Title of Act Extent of Amendment or Repeal 6889 Poisons Act 1962 So much as has not already been repealed. 7065 Statute Law Revision Act 1963 Items in Schedule relating to the Poisons Act 1962. 7588 Poisons (Amendment) Act 1967 The whole. 7703 Abolition of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.
compound in relation to a poison or controlled substance means a medicament prepared in accordance with a formula and being a combination of— (a) a poison or controlled substance; and (b) any other substance or substances— in such a way that the poison or controlled substance cannot be readily separated from the other substance or substances, and to compound and derivative expressions have corresponding meanings; S. 4(1) def. of dangerous poison repealed by No. 42/1993 s. 35(a). * * * * * S. 4(1) def. of date of supply inserted by No. 55/2009 s. 7. date of supply, in Part VB, means the date a category 1 precursor chemical, a category 2 precursor chemical or a category 3 precursor apparatus, as the case requires, leaves the premises of the person who supplied it; S. 4(1) def. of declared testing facility inserted by No. 9/2014 s. 4. declared testing facility means a facility declared by the Chief Commissioner of Police under section 97; S. 4(1) def. of delegated police officer inserted by No. 52/2006 s. 4. delegated police officer means— (a) a person to whom a function under section 91 has been delegated under section 92; or (b) a person who is a member of a class to which a function under section 91 has been delegated under section 92;
S. 4(1) def. of veterinary surgeon repealed by No. 58/1997 s. 96(Sch.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; wholesale means— (a) sale or supply for the purposes of resale; (b) sale or supply to a person for the purposes of supply by that person to another person; and (c) sale or supply for the purposes of use in connexion with a trade, business, profession or industry; wholesale dealer means a person who sells or supplies by wholesale. (2) A reference in this Act to manufacture does not include a reference to the process of refining, manipulating and mixing a poison or controlled substance, where the process is carried out by a pharmacist in the lawful practise of his profession in—
S. 12A(3)(b) amended by No. 75/2014 s. 12(3)(a). (b) any substance in the list of substances that are not for general sale by retail by incorporating by reference any provisions (including appendices) in the Poisons Standard relating to that matter, and any provision of that standard relating to the interpretation of any part of the standard so incorporated; and S. 12A(3)(c) amended by No. 75/2014 s. 12(3)(b). (c) any substances in the list of exemptions by incorporating by reference any provisions (including appendices) in the Poisons Standard relating to substances that are wholly or partially exempted from the standard. S. 12A(4) substituted by No. 74/2004 s. 7(4), amended by No. 75/2014 s. 12(4). (4) In this Act, a reference to a particular substance in Schedule 1 of the Poisons List or to a particular substance in Schedules 2 to 9 of the Poisons Standard excludes that substance to the extent that it is included in the list of exemptions under subsection (1)(c). S. 12A Table amended by Nos 23/1994 s. 118(Sch. 1 item 17.3), 46/1998 s. 7(Sch. 1), 18/2000 s. 97, repealed by No. 74/2004 s. 7(5). * * * * * S. 12B inserted by No. 42/1993 s. 38, amended by No. 75/2014 s. 13. 12B Requirements for labelling and other matters Without limiting section 12(2)(b), in determining for the purposes of that provision whether a provision of the Poisons Standard is suitable for inclusion in the Poisons Code, the matters which the Minister may take into account include but are not limited to—
(a) whether the provision applies to the State or an individual; (b) whether the provision is in the form of a recommendation or suggestion, rather than an obligation; (c) whether the provision is in terms sufficiently certain to enable it to be understood and complied with. S. 12C inserted by No. 42/1993 s. 38. 12C What if the Poisons Code conflicts with the Act or regulations? If there is an inconsistency between the Poisons Code and a provision of this Act or the regulations, the provision of this Act or the regulations prevails. S. 12D (Heading) inserted by No. 75/2014 s. 14(1). S. 12D inserted by No. 42/1993 s. 38. 12D Incorporation of the Poisons Standard S. 12D(1) amended by No. 75/2014 s. 14(2). (1) Any part of the Poisons Standard to be incorporated by reference in the Poisons Code may be so incorporated as in force at a particular time or from time to time. S. 12D(2) amended by No. 75/2014 s. 14(3). (2) To the extent that it is incorporated by reference in the Poisons Code, the Poisons Standard forms part of that Code. S. 12D(3) amended by No. 75/2014 s. 14(4). (3) Subject to subsection (4), if any part of the Poisons Standard, as in force from time to time, is incorporated by reference in the Poisons Code the part so incorporated must be taken to include that part as amended, varied, remade or superseded from time to time.
S. 12D(4) amended by No. 75/2014 s. 14(5). (4) If part of the Poisons Standard, as in force from time to time, is incorporated by reference in the Poisons Code and that part is amended, varied, remade or superseded, then until the date fixed under section 12K as the date on which the new matter takes effect the matter so incorporated must be taken not to have been so amended, varied, remade or superseded. S. 12E inserted by No. 42/1993 s. 38. 12E Amendment of Code (1) The Minister may at any time amend the Poisons Code— (a) to correct— (i) a clerical error or an error arising from an accidental slip or omission; or S. 12E(1)(a)(ii) amended by No. 75/2014 s. 15(1)(a). (ii) an evident material mistake in the description of the Poisons Standard or a provision of that standard; or S. 12E(1)(b) amended by No. 75/2014 s. 15(1)(b). (b) if the Code incorporates a part of the Poisons Standard as in force at a particular date— (i) to change that date; or S. 12E(1)(b)(ii) amended by No. 75/2014 s. 15(1)(c). (ii) to provide that the part of the Poisons Standard is incorporated as in force from time to time; or S. 12E(1)(c) amended by No. 75/2014 s. 15(1)(d). (c) if part of the Poisons Standard is incorporated as in force from time to time to provide that the part is incorporated as in force at a particular time; or S. 12E(1)(d) amended by Nos 74/2004 s. 8(1), 75/2014 s. 15(1)(e). (d) to alter the heading to Schedule 1 in the Poisons List so that it corresponds more closely with the heading of the appropriate Schedule in the Poisons Standard; or
Schedules 2 to 9 of the Poisons Standard; and (b) amend, revoke, substitute or insert substances in the list of exemptions referred to in paragraph (a). S. 12E(2) amended by No. 68/1996 s. 10(2). (2) The provisions of this Act applying to the preparation, notification, tabling and availability of the Poisons Code apply to an amendment to or revocation and substitution of that Code. S. 12F inserted by No. 42/1993 s. 38. 12F Status of the Poisons Code S. 12F(1) amended by No. 9/1998 s. 10(b). (1) The Poisons Code is not a statutory rule for the purposes of the Subordinate Legislation Act 1994. (2) The Poisons Code is a subordinate instrument for the purposes of the Interpretation of Legislation Act 1984 except section 32 of that Act. S. 12F(3) repealed by No. 68/1996 s. 11. * * * * * S. 12G inserted by No. 42/1993 s. 38. 12G Procedure for preparation of the Poisons Code (1) As soon as possible after preparing the Poisons Code, the Minister must publish notice of its preparation in a daily newspaper circulating generally throughout Victoria. (2) The Minister may do anything else he or she considers appropriate to bring the preparation of the Code to the attention of the public. (3) After complying with subsections (1) and (2) the Minister must publish notices of the preparation of the Code in the Government Gazette. (4) A notice under this section must—
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.
S. 13(3A) inserted by No. 18/2000 s. 99(3), amended by No. 97/2005 s. 179(1)(e), substituted by No. 13/2010 s. 37(3), amended by No. 27/2012 s. 12(3). (3A) If a registered Chinese herbal dispenser sells or supplies by wholesale a Schedule 1 poison to any other registered Chinese herbal dispenser in accordance with an endorsement of that other dispenser's registration under section 94 of the Health Practitioner Regulation National Law for use by the other registered Chinese herbal dispenser in the lawful practice of his or her profession as a registered Chinese herbal dispenser, the sale or supply shall, for the purposes of subsection (1), be regarded as a sale or supply in the lawful practice of his or her profession by the first-mentioned registered Chinese herbal dispenser. S. 13(4) inserted by No. 42/1993 s. 39(2), substituted by No. 9/1998 s. 5(2). (4) A person is authorised to sell or supply by retail, subject to and in accordance with the regulations— (a) any Schedule 5 poison; or (b) any Schedule 6 poison; or (c) any Schedule 7 poison that is not a Schedule 7 poison that is included in the Poisons Code in the list of substances that are not for general sale by retail. S. 13(4A) inserted by No. 74/2004 s. 3. (4A) A person is authorised to sell or supply by wholesale, subject to and in accordance with the regulations— (a) any Schedule 5 poison; or (b) any Schedule 6 poison. S. 13(4B) inserted by No. 74/2004 s. 3. (4B) A person is authorised to manufacture and sell or supply by retail, subject to and in accordance with the regulations— (a) any Schedule 5 poison; or (b) any Schedule 6 poison.
(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
for use for industrial, educational, advisory or research purposes or for the provision of health services. S. 20(3A) inserted by No. 74/2004 s. 13. (3A) A person who is the holder of a permit issued under subsection (3) authorising the person to purchase or otherwise obtain poisons or controlled substances for the provision of health services is authorised to sell or supply any poison or controlled substance to which that permit relates without obtaining a further licence to do so under this section if that sale or supply— S. 20(3A)(a) amended by Nos 97/2005 s. 179(6) (as amended by No. 29/2006 s. 3(Sch. 1 item 14.5)), 75/2014 s. 6(4). (a) is carried out by a person who is authorised under section 13(1)(a), (ba), (bb), (bc), (c) or (ca) to sell or supply that poison or controlled substance in the lawful practice of his or her profession; and (b) is for the purposes of the provision of health services. (4) A warrant authorises a person to purchase or otherwise obtain or use any regulated poison in accordance with the warrant. S. 20(5) inserted by No. 18/2000 s. 102. (5) A person who sells or supplies by wholesale or manufactures and sells or supplies by wholesale any Schedule 1 poison is authorised to do so without obtaining a licence under this section. New s. 21 inserted by No. 12/1994 s. 9. 21 Duration of a licence, permit or warrant (1) A permit or a licence lasts 12 months from its date of issue. (2) Despite subsection (1), a licence or permit may be issued for a shorter period to enable that licence or permit and other licences or permits held by that person to expire simultaneously. (3) A warrant lasts until it is cancelled or suspended.
he or she is authorised by or licensed under this Act to do so. S. 27 amended by Nos 10002 s. 16(m), 42/1993 s. 45(3), 9/1998 s. 5(4). 27 Sale of poisons or controlled substances by persons other than manufacturers etc. A person (not being a manufacturer or wholesale dealer) shall not sell or supply any poison or controlled substance (other than a Schedule 5 poison, a Schedule 6 poison or a Schedule 7 poison that is not a Schedule 7 poison that is included in the Poisons Code in the list of substances that are not for general sale by retail) unless he is authorized by or licensed under this Act so to do. S. 27A inserted by No. 42/1993 s. 46. 27A Offences concerning labelling and other matters S. 27A(1) substituted by No. 74/2004 s. 14(1). (1) A person must not sell or supply a poison or controlled substance with a label that does not comply with the requirements of— (a) in the case of a Schedule 1 poison, the Poisons Code; or S. 27A(1)(b) amended by No. 75/2014 s. 19(1). (b) in the case of any other poison or controlled substance, the Poisons Standard. 20 penalty units. S. 27A(1A) inserted by No. 74/2004 s. 14(1). (1A) A person must not sell or supply a poison or controlled substance in a container that does not comply with the requirements of— (a) in the case of a Schedule 1 poison, the Poisons Code; or S. 27A(1A)(b) amended by No. 75/2014 s. 19(2). (b) in the case of any other poison or controlled substance, the Poisons Standard. 20 penalty units.
(3) An authorisation under subsection (1) must be in writing. (4) An authorisation under subsection (1) may— (a) be expressed to apply generally or to a specified substance or thing; and (b) be expressed to be in force— (i) for a period specified in the authority; or (ii) for an indefinite period; and (c) be subject to any conditions specified in the authority. Division 14—Offences S. 45 (Heading) inserted by No. 68/2009 s. 97(Sch. item 47.1). S. 45 amended by Nos 57/1989 s. 3(Sch. item 59.6(a)–(d)), 68/2009 s. 97(Sch. item 47.2). 45 Time within which charge-sheet to be filed A charge-sheet charging an offence against any of the provisions of this Act or the regulations (not being an indictable offence, whether or not that offence is capable of being determined summarily) shall be filed within three years from the time when the matter of the charge occurs and not afterwards. 46 Offences Except insofar as it is otherwise by this Act expressly enacted every person who— (a) contravenes or fails to comply with any of the provisions of this Part; (b) contravenes or fails to comply with any condition limitation or restriction to which any licence warrant or permit issued under this Part is subject;
S. 56(3) amended by Nos 10262 s. 4, 46/1998 s. 7(Sch. 1). (3) On the recommendation of the Minister, made after consulting with the Secretary, the Governor in Council may licence a fit and proper person to formulate heroin. (4) For the purposes of this section, a person formulates heroin if he prepares or does any act for the purpose of or in the course of preparing heroin in a form suitable for human therapeutic use. (5) Where a licence is in force under subsection (3) no other licence under that subsection shall be in force for any period during which the licence is in force. S. 56(6) amended by Nos 10262 s. 4, 46/1998 s. 7(Sch. 1). (6) The Governor in Council may on the recommendation of the Minister, made after consulting with the Secretary, grant or refuse to grant a licence under subsection (1) or subsection (3). (7) A licence under subsection (1) or subsection (3)— (a) shall remain in force for such period as is specified in the licence; (b) shall be subject to such conditions, limitations and restrictions (if any) as the Governor in Council on the recommendation of the Minister determines and specifies in the licence; (c) shall specify— (i) the premises at which heroin may be manufactured or formulated by the licensee;
the permit and to use the heroin so obtained for such educational experimental or research purposes and at such university or other institution as are specified in the permit. S. 56(11) amended by Nos 10262 s. 4, 46/1998 s. 7(Sch. 1), 12/1999 s. 4(Sch. 2 item 4.1). (11) On application in that behalf the Secretary may in the Secretary's discretion grant or refuse to grant a permit under subsection (9) or subsection (10). (12) A permit under subsection (9) or subsection (10)— (a) shall remain in force for such period as is specified in the permit; S. 56(12)(b) amended by Nos 10262 s. 4, 46/1998 s. 7(Sch. 1). (b) shall be subject to such conditions, limitations and restrictions (if any) as the Secretary determines and specifies in the permit; and (c) shall specify the quantity or quantities of heroin that may be obtained under the permit and the purposes for which the heroin so obtained may be used by the person to whom the permit is granted. S. 56(13) amended by No. 12/1994 s. 17(1). (13) The provisions of sections 22A, 22C, 37(1) and 37(2) shall not apply to any licence granted under this section. S. 56(14) amended by No. 10002 s. 14(e). (14) A person who— (a) being the holder of an appropriate licence under subsection (1) or subsection (3)—sells or supplies heroin to a person other than a person permitted under this section to purchase or obtain heroin or otherwise than in accordance with any permit granted under this section;
S. 60Q(4) amended by No. 37/2014 s. 10(Sch. item 47.18). (4) A police officer who seizes a volatile substance or an item used to inhale a volatile substance under section 60J or 60K must make a written record of the seizure containing the prescribed particulars. S. 60Q(5) amended by No. 37/2014 s. 10(Sch. item 47.18). (5) A police officer who apprehends and detains a person under section 60L must make a written record of the apprehension and detention containing the prescribed particulars. S. 60Q(6) amended by No. 37/2014 s. 10(Sch. item 47.18). (6) A police officer who disposes of or makes safe a volatile substance or an item used to inhale a volatile substance under section 60O must make a written record of the disposal or making safe of the substance or item containing the prescribed particulars. (7) A record required to be made by this section must be made as soon as practicable— (a) in the case of a search, after the completion of the search; or (b) in the case of a volatile substance or an item used to inhale a volatile substance received when it was produced in accordance with a request under section 60H(1)(b), after the substance or item was so received; or (c) in the case of a seizure of a volatile substance or an item used to inhale a volatile substance under section 60J or 60K, after the substance or item was seized; or (d) in the case of an apprehension and detention under section 60L, after the person who was apprehended and detained is released in accordance with section 60M; or (e) in the case of the disposal or making safe of a volatile substance or an item used to inhale
(iii) remove the document for as long as is reasonably necessary to make copies or take extracts; (d) take or remove for examination samples of or from, or specimens of, any plant of a crop or product to determine— (i) the tetrahydrocannabinol content of that plant, crop or product; and (ii) that the plant, crop or product has been cultivated or processed in accordance with the authority or that its possession is in accordance with the authority; (e) submit any sample or specimen taken in accordance with this Part to a laboratory or place approved by the Secretary for examination and testing. (2) An inspector may not exercise any powers under this Part if the inspector fails, on request, to produce his or her identification certificate for inspection by the occupier of the place or the person in charge or apparent control of the place. S. 69G inserted by No. 54/1997 s. 5. 69G Inspector may order harvest or treatment (1) If an inspector is satisfied on reasonable grounds that any plant or crop contravenes this Part or an authority, the inspector may order the harvest of the plant or crop and the treatment of that harvested material. (2) An order under subsection (1) must— (a) be in writing; and (b) include a statement of the reasons for ordering the harvest and treatment; and (c) be given to the holder of the authority.
Pt 6 (Heading and ss 70–101) substituted as Pt 5 (Heading and ss 70–80) and Pt 6 (Heading and ss 81–90) by No. 10002 s. 7(1). Pt 5 (Heading) amended by No. 52/2006 s. 7. S. 70 substituted by No. 10002 s. 7(1). 70 Definitions S. 70(1) amended by No. 101/1986 s. 55(1)(c). (1) In this Part and Part VI, unless inconsistent with the context or subject-matter— S. 70(1) def. of aggregated commercial quantity inserted by No. 61/2001 s. 4(1), amended by No. 52/2006 s. 8(1)–(4). aggregated commercial quantity, in relation to 2 or more drugs of dependence, means a quantity determined as follows— (a) the quantity of each drug of dependence involved in the alleged offence is determined as a fraction of— (i) in the case of a drug of dependence which is a narcotic plant, the commercial quantity specified in column 2 of Part 2 of Schedule Eleven in respect of that drug of dependence; and (ii) in relation to a drug of dependence the name of which is specified in column 1 of Part 3 of Schedule Eleven—
S. 78 substituted by No. 10002 s. 7(1), amended by No. 48/1997 s. 41(9). 78 Obtaining drugs of dependence etc. by false representation A person shall not knowingly by false representation, whether oral or in writing or by conduct— (a) obtain or attempt to obtain a drug of dependence from a person authorized by or licensed under this Act or the regulations to possess, manufacture, sell or supply the drug of dependence; S. 78(b) amended by Nos 23/1994 s. 118(Sch. 1 item 17.13), 74/2000 s. 3(Sch. 1 item 38.2). (b) obtain or attempt to obtain a prescription or order for a drug of dependence from a registered medical practitioner, dentist, pharmacist or veterinary practitioner or a person authorized by this Act or the regulations to issue or possess the prescription or order; S. 78(c) amended by No. 23/1994 s. 118(Sch. 1 item 17.13). (c) cause or induce or attempt to cause or induce a registered medical practitioner to administer by injection or otherwise, a drug of dependence to him; or (d) cause or induce or attempt to cause or induce a pharmacist or a person authorized by this Act or the regulations to supply a drug of dependence, to dispense a prescription or order for a drug of dependence, if the first-mentioned person knew the prescription or the order to have been obtained in contravention of this Act or the regulations. 20 penalty units or level 8 imprisonment (1 year maximum) or both.
S. 80HE(2) amended by No. 37/2014 s. 10(Sch. item 47.27). (2) If the ice pipe seized under this Part has not been returned to the person from whom it was seized or its lawful owner within 3 months after it was seized, a police officer must take reasonable steps to return it to that person or owner unless— (a) proceedings for the purpose for which the ice pipe was retained have commenced within that 3 month period and those proceedings (including any appeal) have not been completed; or (b) the Magistrates' Court makes an order under section 80HF extending the period during which the ice pipe may be retained. S. 80HF inserted by No. 64/2010 s. 11. 80HF Magistrates' Court may extend 3 month period S. 80HF(1) amended by No. 37/2014 s. 10(Sch. item 47.27). (1) A police officer may apply to the Magistrates' Court— (a) within 3 months after an ice pipe is seized under this Part; or (b) if an extension has been granted under this section, before the end of the period of the extension— for an extension (not exceeding 3 months) of the period during which the ice pipe may be retained. (2) The Magistrates' Court may make an order under this section if the Court is satisfied that— (a) the making of the order is in the interests of justice; and (b) the total period of retention does not exceed 12 months; and
Pt VB (Headings and ss inserted by No. 55/2009 s. 8. Division 1—Preliminary S. 80I inserted by No. 55/2009 s. 8. 80I Application of Part This Part does not apply to— (a) the supply by retail of a retail product containing a precursor chemical; S. 80I(b) amended by No. 75/2014 s. 21. (b) therapeutic goods within the meaning of the Therapeutic Goods (Victoria) Act 2010 which are prescribed to be exempt (in whole or in part) from this Part; (c) the supply of a precursor chemical, or class of precursor chemical, which is prescribed to be exempt (in whole or in part) from this Part. Division 2—Category 1 precursor chemicals S. 80J inserted by No. 55/2009 s. 8. 80J Supply of category 1 precursor chemicals (1) Subject to subsection (2), a person (the supplier) must not supply a category 1 precursor chemical to another person (the receiver) unless the receiver— (a) provides sufficient proof of identity of receiver to the supplier; and Note See definition of sufficient proof of identity of receiver in section 4(1).
cannabis water pipe, bong component or bong kit to which the offence relates— (a) be forfeited to the Crown; and (b) be destroyed in accordance with the order. Pt 6 (Heading and ss 70–101) substituted as Pt 6 (Heading and ss 81–90) by No. 10002 s. 7(1). S. 81 substituted by No. 10002 s. 7(1). 81 Warrant to search premises S. 81(1) amended by Nos 16/1986 s. 30, 101/1986 s. 58(1)(c), 57/1989 s. 3(Sch. item 59.8(a)–(c)), 48/1997 s. 44(1)(a), 25/2009 s. 6(1), 37/2014 s. 10(Sch. item 47.38(a)). (1) Any magistrate who is satisfied by evidence on oath or by affidavit of any police officer of or above the rank of sergeant or for the time being in charge of a police station that there is reasonable ground for believing that there is, or will be within the next 72 hours, on or in any land or premises (including any vehicle on or in that land or those premises), or on or in a particular vehicle located in a public place— S. 81(1)(a) amended by No. 48/1997 s. 44(1)(b). (a) any thing in respect of which an offence under this Act or the regulations has been or is reasonably suspected to have been committed or is being or is likely to be committed within the next 72 hours; (b) any thing which there is reasonable ground to believe will afford evidence of the
on request by the person arrested, be delivered to an analyst or botanist within the meaning of section 120 nominated by that person. S. 81(7) inserted by No. 25/2009 s. 6(7), amended by No. 37/2014 s. 10(Sch. item 47.38(c)). (7) Nothing in this section affects the power of a police officer under section 82. S. 81(8) inserted by No. 25/2009 s. 6(7). (8) In this section— public place has the same meaning as it has in section 3 of the Summary Offences Act 1966; vehicle includes motor vehicle, aircraft, boat and vessel. S. 81A inserted by No. 63/2003 s. 47. 81A Notice that seized thing or document is being held for purposes of Confiscation Act 1997 S. 81A(1) amended by Nos 25/2009 s. 6(8), 37/2014 s. 10(Sch. item 47.39). (1) If a thing or document seized under a warrant issued under section 81 to which a direction under section 81(1A) applies is no longer required for evidentiary purposes under this Act, the police officer who executed the warrant must give notice to all persons known to have an interest in that thing or document that the thing or document is being held or retained as if it were tainted property seized under a warrant under section 79 of the Confiscation Act 1997. (2) A notice under subsection (1) must be— (a) given within 7 days after the thing or document is no longer required for evidentiary purposes under this Act; and (b) in the prescribed form. S. 81B inserted by No. 63/2003 s. 47. 81B Application for tainted property to be held or retained—return of warrant to court
(a) in any manner in which service of a summons may be effected and proved; or (b) where the certificate was served with the summons and proof of service of the summons is by affidavit, by stating in the affidavit that a copy of the certificate was served with the summons. (5) Where an analysis or examination has been carried out for the purpose of any legal proceedings for an offence against this Act the court may, in addition to any other order as to costs, make such order as it thinks proper— (a) as to the expenses of and remuneration to be paid for the analysis or examination; and S. 120(5)(b) amended by No. 68/2009 s. 97(Sch. item 47.5). (b) where the analyst or botanist has been required by the accused to attend as a witness, as to the conduct money of the analyst or botanist. (6) In this section— S. 120(6) def. of analyst amended by Nos 66/1995 s. 3(a), 33/2001 s. 21. analyst means a person employed by the Government of Victoria as an analyst or a person of a prescribed class employed or approved under a prescribed law of another State or Territory; S. 120(6) def. of botanist substituted by No. 87/1991 s. 52, amended by No. 66/1995 s. 3(b). botanist means the chief botanist or his or her delegate under the Royal Botanic Gardens Act 1991 or a person of a prescribed class employed or approved under a prescribed law of another State or Territory. 121 Evidentiary effect of certain statements For the purposes of this Act a statement of the quantity of the poison or controlled substance or
(e) the minimum size of packages or containers in which poisons or controlled substances or any class of poisons or controlled substances may be sold or supplied or offered for sale or supply; (f) specifying the containers in which any poison or controlled substance may be sold or supplied and prohibiting the use of such containers for other substances; S. 132(g) repealed by No. 10002 s. 13(3)(a), new s. 132(g) inserted by No. 94/2000 s. 52(3). (g) prescribing the Schedule 2, 3, 4 or 8 poisons that a nurse practitioner or category of nurse practitioner is authorised to obtain and have in his or her possession and to use, sell or supply; S. 132(h) repealed by No. 10002 s. 13(3)(a), new s. 132(h) inserted by No. 13/2010 s. 47(a). (h) prescribing the Schedule 2, 3, 4 or 8 poisons that a registered nurse or class of registered nurse is authorised to obtain and have in his or her possession and to use, sell or supply; S. 132(i) repealed by No. 10002 s. 13(3)(a), new s. 132(i) inserted by No. 14/2012 s. 9(1). (i) prescribing the Schedule 2, 3, 4 or 8 poisons that a registered midwife or class of registered midwife is authorised to obtain and have in his or her possession and to use, sell or supply; S. 132(j) amended by No. 42/1993 s. 55(a). (j) prohibiting and controlling advertising by any person in relation to Schedule 3 poisons or any class of Schedule 3 poisons and prescribing the form and contents of such advertisements;
S. 132(x) amended by No. 10002 s. 13(3)(c). (x) prescribing a penalty of not more than 100 penalty units for any contravention of or failure to comply with the regulations; S. 132(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;
05 05 METHYLPHENIDATE 20 50 METOPON 20 MONOACETYLMORPHINE 20 MORAMIDE 20 20 MORPHERIDINE 20 MORPHINAN 20 MORPHINE 15 20 MORPHINE N-OXIDE 20 MORPHINONE 20 MYROPHINE 200 NALBUPHINE 15 20 NICOCODINE (when in excess of 01 grams) 20 20 NICODICODINE (when in excess of 01 grams) 20 20 NICOMORPHINE 20 NITRAZEPAM 10 7-NITRO-1,4-BENZODIAZEPINES not included elsewhere in this Part 25 Column 1 Column 2 Column 3 Drug Quantity of pure drug Quantity of pure drug Kilograms Grams NORACYMETHADOL 20 NORCODEINE (when in excess of 100 grams) 20 1000 NORMETHADONE 50 NORMORPHINE 200 NORPIPANONE 100
Column 1 Drug Column 1A (Large Commercial Quantity) Quantity Column 1B (Large Commercial Quantity) Quantity of mixture of substance and drug of dependence Column 2 (Commercial Quantity) Quantity Column 2A (Commercial Quantity) Quantity of mixture of substance and drug of dependence Column 2B (Automatic Forfeiture Quantity) Quantity Column 3 (Traffickable Quantity) Quantity of mixture of substance and drug of dependence Column 3A (Traffickable Quantity) Quantity Column 4 (Small Quantity) Quantity (common name JWH-200) - 100 kg - 10 kg - 30 g - 10 g (common name JWH-073) - 100 kg - 10 kg - 30 g - 10 g (common name JWH-122) - 100 kg - 10 kg - 30 g - 10 g (common name JWH-018) - 100 kg - 10 kg - 30 g - 10 g METHANONE (UR-144) - 100 kg - 10 kg - 30 g - 1·0 g (XLR-11) - 100 kg - 10 kg - 30 g - 1·0 g (AKB48 OR APINACA) - 100 kg - 10 kg - 30 g - 1·0 g (UR-12) - 100 kg - 10 kg - 30 g - 1·0 g ACID 8-QUINOLINYL ESTER (5F-PB-22) - 100 kg - 10 kg - 30 g - 1·0 g The following classes of SYNTHETIC CANNABINOIDS - - - - - - - - 3-BENZOYLINDOLES with any modification on the indole nitrogen, whether or not further modified on the indole or phenyl rings (other than a substance included elsewhere in this Part) - 100 kg - 10 kg - 30 g - 10 g 3-PHENYLACETYLINDOLES with any modification on the indole nitrogen, whether or not further modified on the indole or phenyl rings (other than a substance included elsewhere in this Part) - 100 kg - 10 kg - 30 g - 10 g INDOLE-3-CARBOXYLIC
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: 14.6.89 Commencement Date: S. 4(1)(a)–(e)(2) on 1.9.89: Government Gazette 30.8.89 p. 2210; rest of Act on 1.9.90: Government Gazette 25.7.90 p. 2217 Current State: All of Act in operation Water (Consequential Amendments) Act 1989, No. 81/1989 Assent Date: 5.12.89 Commencement Date: 1.11.90: Government Gazette 15.8.90 p. 2473 Current State: All of Act in operation Drugs, Poisons and Controlled Substances (Amendment) Act 1990, No. 25/1990 Assent Date: 5.6.90 Commencement Date: S. 4(2) on 13.12.83: s. 2(1); rest of Act on 5.6.90: s. 2(2) Current State: All of Act in operation Sentencing Act 1991, No. 49/1991
Proclamation, S.R. No. 277/1984 Date of Making: 17.7.84 Date of Commencement: 17.7.84 Proclamation, S.R. No. 1/1985 Date of Making: 18.12.84 Date of Commencement: 18.12.84 Proclamation, S.R. No. 2/1985 Date of Making: 12.12.84 Date of Commencement: 12.12.84 Proclamation, S.R. No. 77/1985 Date of Making: 26.2.85 Date of Commencement: 26.2.85 Proclamation, S.R. No. 90/1985 Date of Making: 5.12.84 Date of Commencement: 5.12.84 Proclamation, S.R. No. 91/1985 Date of Making: 20.12.83 Date of Commencement: 20.12.83 Proclamation, S.R. No. 92/1985 Date of Making: 14.2.84 Date of Commencement: 14.2.84 Proclamation, S.R. No. 93/1985 Date of Making: 15.5.84 Date of Commencement: 15.5.84 Proclamation, S.R. No. 94/1985 Date of Making: 13.6.84 Date of Commencement: 13.6.84 Proclamation, S.R. No. 165/1985 Date of Making: 16.10.84 Date of Commencement: 16.10.84 Proclamation, S. R. No. 187/1985 Date of Making: 28.5.85 Date of Commencement: 28.5.85 Proclamation, S. R. No. 208/1985 Date of Making: 4.6.85 Date of Commencement: 4.6.85 Proclamation, S.R. No. 268/1985 Date of Making: 25.6.85 Date of Commencement: 25.6.85 Proclamation, S.R. No. 92/1986 Date of Making: 16.4.86 Date of Commencement: 16.4.86
medicinal cannabis cultivation licence means a cultivation licence within the meaning of the Access to Medicinal Cannabis Act 2016; medicinal cannabis manufacturing licence means a manufacturing licence within the meaning of the Access to Medicinal Cannabis Act 2016; patient medicinal cannabis access authorisation has the same meaning as it has in the Access to Medicinal Cannabis Act 2016; practitioner medicinal cannabis authorisation has the same meaning as it has in the Access to Medicinal Cannabis Act 2016;". (2) In section 4(1) of the Drugs, Poisons and Controlled Substances Act 1981— (a) in the definition of poison or controlled substance, in paragraph (j), for "poison;" substitute "poison; or"' (b) in the definition of poison or controlled substance, after paragraph (j) insert— "(k) medicinal cannabis;"; (c) in the definition of Schedule 8 poison, after "Standard" insert "other than medicinal cannabis"; (d) in the definition of Schedule 9 poison, after "Standard" insert "other than medicinal cannabis". 102 Act not to derogate from provisions of certain other Acts In section 7 of the Drugs, Poisons and Controlled Substances Act 1981 after "National Law," insert "the Access to Medicinal Cannabis Act 2016, the".