(b) in the register of midwives kept for that profession; s. 4 S. 4(1) def. of registered nurse inserted by No. 13/2010 s. 35(2). registered nurse means a person registered under the Health Practitioner Regulation National Law— (a) to practise in the nursing and midwifery profession as a nurse (other than as a midwife or as a student); and (b) in the registered nurses division of that profession; S. 4(1) def. of registered optometrist inserted by No. 56/1996 s. 100(1), repealed by No. 97/2005 s. 178(1), new def. of registered optometrist inserted by No. 97/2005 s. 178(2), substituted by No. 13/2010 s. 35(1)(e), amended by No. 29/2011 s. 3(Sch. 1 item 30). registered optometrist means a person registered under the Health Practitioner Regulation National Law to practise in the optometry profession (other than as a student); s. 4 S. 4(1) def. of registered podiatrist inserted by No. 97/2005 s. 178(2), substituted by No. 13/2010 s. 35(1)(e). registered podiatrist means a person registered under the Health Practitioner Regulation National Law to practise in the podiatry profession (other than as a student);
(c) the nature, scale and effects of the harm, illness or injury that may develop; S. 4(1) def. of special poison repealed by No. 42/1993 s. 35(a). * * * * * S. 4(1) def. of substance amended by No. 48/1997 s. 36(1)(b). substance includes material, preparation, extract and admixture; s. 4 S. 4(1) def. of sufficient proof of identity of receiver inserted by No. 55/2009 s. 7. sufficient proof of identity of receiver, for the purposes of Part VB, means proof of identity provided by one of the following— (a) a driver licence issued under the Road Safety Act 1986, or a licence issued in another State or a Territory that is the equivalent of a driver licence, that displays a photograph of the person; or (b) an Australian passport or a foreign passport; or (c) a proof of age card issued under the Liquor Control Reform Act 1998 or a card issued in another State or a Territory that is the equivalent of a proof of age card; supply means— (a) supply, provide, give or deliver, whether or not for fee, reward or consideration or in expectation of fee, reward or consideration; (b) agree or offer for the purpose of supply as defined in paragraph (a), expose for the purpose of supply as so defined, keep or have in possession for the
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; s. 4 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. 4(2)(a) substituted by No. 80/2004 s. 150(Sch. 2 item 2.2), amended by Nos 97/2005 s. 182(Sch. 4 item 16.1(a)), 39/2010 s. 119(a). (a) premises used for sale by retail and registered under Part 3 of the Pharmacy Regulation Act 2010; or s. 4 S. 4(2)(b) substituted by No. 80/2004 s. 150(Sch. 2 item 2.2), amended by Nos 97/2005 s. 182(Sch. 4 item 16.1(b)), 39/2010 s. 119(b). (b) premises used for sale by retail in circumstances approved under Part 3 of the Pharmacy Regulation Act 2010; or
(b) a processed product made from cannabis seeds if the product— (i) does not contain more than 0·001 per cent of tetrahydrocannabinol; and (ii) does not contain whole cannabis seeds. (2) In this section— cannabis means a plant or any part of a plant of the genus Cannabis L, whether fresh or dried; processed means treated by mechanical, chemical or other artificial means but does not include— (a) harvesting; or (b) the natural process of decay. S. 5 amended by No. 10002 s. 3(a)(b). 5 Meaning of possession Without restricting the meaning of the word possession, any substance shall be deemed for the purposes of this Act to be in the possession of a person so long as it is upon any land or premises occupied by him or is used, enjoyed or controlled by him in any place whatsoever, unless the person satisfies the court to the contrary. 6 Meaning of corresponding law s. 5 (1) In this Act the expression corresponding law means any law stated in a certificate purporting to be issued by or on behalf of the Government of— (a) any British possession (including any territory which is under Her Majesty's protection or which is governed under a trusteeship agreement by the Government of any part of Her Majesty's dominions) outside Victoria; or
S. 11(3) repealed by No. 101/1986 s. 55(1)(b). * * * * * S. 11(4) repealed by No. 10002 s. 5(2)(c). * * * * * s. 11 _______________ Division 1—Classification S. 12 substituted by No. 42/1993 s. 38. 12 Poisons Code s. 12 (1) The Minister may prepare a Poisons Code. (2) The Poisons Code must contain— (a) a Poisons List; and (b) any provisions (including appendices) of the Commonwealth 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 (c) any provisions (including appendices) of the Commonwealth 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—
or 4 poison by retail in an open shop unless the podiatrist is licensed under this Act to do so. S. 13(2B) inserted by No. 56/1996 s. 100(4), amended by No. 74/2004 s. 10(a)–(c). (2B) Subsection (1)(c) applies, despite anything to the contrary in the heading to Schedule 4 contained in the Commonwealth standard. S. 13(3) amended by No. 10002 s. 4(b). (3) Where a pharmacist sells or supplies by wholesale to another pharmacist a poison or controlled substance or drug of dependence for use by the other pharmacist in the lawful practice of his profession as a pharmacist, the sale or supply shall for the purposes of subsection (1) be regarded as a sale or supply in the lawful practice of his profession by the first-mentioned pharmacist. 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— s. 13 (a) any Schedule 5 poison; or (b) any Schedule 6 poison; or
registration of the registered Chinese medicine practitioner. 100 penalty units. S. 14 (Heading) inserted by No. 13/2010 s. 39(1). S. 14 amended by Nos 10002 s. 4(a)–(c), 23/1994 s. 118(Sch. 1 item 18/2000 s. 101 (ILA s. 39B(1)). 14 Restrictions on authorisations for certain health practitioners s. 14 S. 14(1) amended by Nos 97/2005 s. 179(4)(a), 13/2010 s. 39(2). (1) If, under the Health Practitioner Regulation National Law, the Medical Board of Australia has imposed in relation to the practice of a registered medical practitioner conditions, limitations or restrictions including a condition, limitation or restriction prohibiting the prescription of any drug or substance or class of drugs or substances, being a poison or controlled substance or drug of dependence or poisons or controlled substances or drugs of dependence that registered medical practitioner for the purpose of this Act and the regulations shall be deemed to be not authorized to obtain and have in his possession or to use sell or supply in the lawful practice of his profession the poison or controlled substance or drug of dependence or the poisons or controlled substances or drugs of dependence to which the condition, limitation or restriction relates. S. 14(2) inserted by No. 18/2000 s. 101, amended by Nos 97/2005 s. 179(4)(b), 27/2012 s. 13. s. 14 (2) If the Chinese Medicine Board of Australia acting under the Health Practitioner Regulation National Law has imposed in relation to the practice of a practitioner registered under that Act a condition, limitation or restriction prohibiting the
(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. 15B inserted by No. 68/1996 s. 13. 15B Resignation and removal s. 15B (1) A member of the Committee may resign that office by writing signed by the member and addressed to the Minister. (2) The Minister may at any time remove a member of the Committee from office. S. 15C inserted by No. 68/1996 s. 13. 15C Vacancies (1) The Minister may fill a vacancy in the office of member of the Committee however arising. (2) An act or decision of the Committee is not invalid only because of— (a) a vacancy in its membership; or (b) a defect or irregularity in the appointment of any of its members. S. 15D inserted by No. 68/1996 s. 13. 15D Quorum and proceedings
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 No. 97/2005 s. 179(6) (as amended by No. 29/2006 s. 3(Sch. 1 item 14.5)). (a) is carried out by a person who is authorised under section 13(1)(a), (ba), (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 s. 21 (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. New s. 22 inserted by No. 12/1994 s. 9. 22 Renewal of licences and permits (1) An application for renewal— (a) may be made up to one month before the expiry of the current licence or permit; and
Pt 2 Div. 6 (Heading and s. 21) amended by Nos 10002 s. 16(h), 10262 s. 4, repealed by No. 12/1994 s. 9. * * * * * Pt 2 Div. 7 (Heading and s. 22) amended by Nos 10002 s. 16(i)(i)–(iii), 10262 s. 4, 42/1993 s. 43(a)–(d), repealed by No. 12/1994 s. 9. * * * * * Division 8—Manufacture and sale of poisons or controlled substances S. 23 amended by No. 10002 s. 16(j), substituted by No. 12/1994 s. 11. 23 Manufacture, sale and supply of poisons or controlled substances by wholesale s. 23 (1) A person must not manufacture and sell or supply by wholesale any poison or controlled substance unless he or she is authorised by or licensed under this Act to do so. (2) A person must not sell or supply by wholesale any poison or controlled substance unless he or she is authorised by or licensed under this Act to do so. S. 24 amended by No. 10002 s. 16(k), substituted by No. 42/1993 s. 44, amended by Nos 12/1994 s. 12, 18/2000 s. 103. 24 Wholesaling of certain poisons A person must not sell or supply by wholesale any poison or controlled substance (other than a Schedule 1 poison, 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) to any person who is not expressly authorised by this Act or the Regulations, or by a licence, permit or warrant
Pt 2 Div. 10 Subdiv. 1 (Heading and new s. 31) inserted by No. 17/2008 s. 6. Subdivision 1—Introductory matters and records New s. 31 inserted by No. 17/2008 s. 6. 31 Definitions s. 31 (1) In this Division— hospital means— (a) a public hospital within meaning of the Health Services Act 1988; (b) a denominational hospital within the meaning of that Act; (c) a private hospital within the meaning of that Act— but does not include a day procedure centre within the meaning of that Act; multiple-practitioner clinic means a clinic where more than one registered medical practitioner or nurse practitioner practises or is employed; notification of drug-dependent person means notification required under section 33; prison has the same meaning as it has in the Corrections Act 1986; Schedule 8 permit means a permit to administer, supply or prescribe a Schedule 8 poison issued by the Secretary under section 34A; Schedule 9 permit means a permit to administer, supply or prescribe a Schedule 9 poison issued by the Secretary under section 33B.
controlled substance in contravention of this Act unless the court hearing the matter is satisfied to the contrary. S. 49 amended by No. 54/1997 s. 6(a). 49 Obtaining licence by fraud Any person who for the purpose of obtaining for himself or for any other person the issue grant or renewal of a licence warrant or permit under this Act or an authority under Part IVA of this Act makes any declaration or statement which is false in any material particular or knowingly utters produces or makes use of a declaration or statement which is false in any material particular or a document which contains a declaration or statement that is false in any material particular shall be guilty of an offence against this Act. S. 50 (Heading) inserted by No. 52/2006 s. 6(1). S. 50 amended by No. 52/2006 s. 6(2). 50 Immunity of authorized officers and authorised police employees No authorized officer or authorised police employee shall be in any way liable to any penalty in respect of anything done by him or her in the exercise of any power or in the performance of any duty conferred or imposed upon him or her pursuant to the provisions of this Act and the regulations. S. 51 repealed by No. 16/2004 s. 53. * * * * * Division 15—Poison baits 52 Setting of poison baits s. 49 (1) A person shall not set lay put or place or knowingly be a party to the setting laying putting or placing of a poison or controlled substance or any fluid or edible matter (not being sown seed or grain) which contains a poison or controlled
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). s. 56 (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; (b) being the holder of an appropriate licence under subsection (1) or subsection or formulates heroin otherwise than in accordance with the licence; or s. 56
(a) where the court is satisfied on the balance of probabilities that— S. 73(1)(a)(i) amended by No. 48/1997 s. 42(1)(a). (i) the offence was committed in relation to a quantity of cannabis or tetrahydrocannabinol that is not more than the small quantity applicable to cannabis or tetrahydrocannabinol; S. 73(1)(a)(ii) amended by No. 48/1997 s. 42(1)(b). (ii) the offence was not committed for any purpose related to trafficking in cannabis or tetrahydrocannabinol— to a penalty of not more than 5 penalty units; S. 73(1)(b) amended by No. 48/1997 s. 41(4). (b) subject to paragraph (a), where the court is satisfied on the balance of probabilities that the offence was not committed by the person for any purpose relating to trafficking in that drug of dependence—to a penalty of not more than 30 penalty units or to level 8 imprisonment (1 year maximum) or to both that penalty and imprisonment; or S. 73(1)(c) amended by No. 48/1997 s. 41(5). (c) in any other case—to a penalty of not more than 400 penalty units or to level 6 imprisonment (5 years maximum) or to both that penalty and imprisonment. (2) Where a person has in his possession, without being authorized by or licensed under this Act or the regulations to do so, a drug of dependence in a quantity that is not less than the traffickable quantity applicable to that drug of dependence, the possession of that drug of dependence in that quantity is prima facie evidence of trafficking by that person in that drug of dependence.
S. 74 substituted by No. 10002 s. 7(1), amended by No. 48/1997 s. 41(6). 74 Introduction of a drug of dependence into the body of another person s. 74 A person who, without being authorized by or licensed under this Act or the regulations to do so, introduces or attempts to introduce a drug of dependence into the body of another person is guilty of an offence against this Act and liable to a penalty of not more than 30 penalty units or to level 8 imprisonment (1 year maximum) or to both that penalty and imprisonment. S. 75 substituted by No. 10002 s. 7(1). 75 Use of drug of dependence A person who, without being authorized by or licensed under this Act or the regulations to do so uses or attempts to use a drug of dependence is guilty of an offence against this Act and liable— S. 75(a) amended by No. 48/1997 s. 42(2). (a) where the court is satisfied on the balance of probabilities that the offence was committed in relation to cannabis or tetrahydrocannabinol—to a penalty of not more than 5 penalty units; and S. 75(b) amended by No. 48/1997 s. 41(7). (b) in any other case—to a penalty of not more than 30 penalty units or to level 8 imprisonment (1 year maximum) or to both that penalty and imprisonment. S. 76 substituted by No. 10002 s. 7(1), amended by No. 57/1989 s. 3(Sch. item 59.7 (a)(b)). 76 Adjourned bonds to be given in certain cases s. 76
(a) obtain or attempt to obtain a drug of dependence from a person authorized by or licensed under this Act or the regulations to possess, manufacture, sell or supply the drug of dependence; S. 78(b) amended by Nos 23/1994 s. 118(Sch. 1 item 17.13), 74/2000 s. 3(Sch. 1 item 38.2). (b) obtain or attempt to obtain a prescription or order for a drug of dependence from a registered medical practitioner, dentist, pharmacist or veterinary practitioner or a person authorized by this Act or the regulations to issue or possess the prescription or order; S. 78(c) amended by No. 23/1994 s. 118(Sch. 1 item 17.13). (c) cause or induce or attempt to cause or induce a registered medical practitioner to administer by injection or otherwise, a drug of dependence to him; or (d) cause or induce or attempt to cause or induce a pharmacist or a person authorized by this Act or the regulations to supply a drug of dependence, to dispense a prescription or order for a drug of dependence, if the person knew the prescription or the order to have been obtained in contravention of this Act or the regulations. 20 penalty units or level 8 imprisonment (1 year maximum) or both. S. 79 substituted by No. 10002 s. 7(1). 79 Conspiring s. 79
and kept until the end of that appeal period and the determination of any appeal made within that period. s. 83 S. 84 substituted by No. 10002 s. 7(1), repealed by No. 101/1986 s. 58(1)(e). * * * * * Ss 85–89 substituted by No. 10002 s. 7(1), repealed by No. 101/1986 s. 55(1)(d ). * * * * * S. 90 substituted by No. 10002 s. 7(1). 90 Appeals s. 90 S. 90(1) amended by Nos 101/1986 s. 55(1)(e), 25/1990 s. 4(1)(a). (1) Notwithstanding anything to the contrary in any other Act a person (including the Crown) affected by an order made under section 83 may appeal against the decision as if the order were or were part of a sentence imposed on conviction for the drug related offence to which the order relates, being a sentence which is not fixed by law and against which an appeal may be brought.
S. 120(2)(a) amended by No. 68/2009 s. 97(Sch. item 47.4). (a) if a copy of the certificate was not served on the accused at least seven days before the hearing; or S. 120(2)(b) amended by No. 68/2009 s. 97(Sch. item 47.4). (b) if the accused, at least three days before the hearing, gave notice in writing personally or by post to the informant and to the analyst or botanist (as the case requires) that he requires the analyst or botanist to attend as a witness. s. 120 S. 120(3) amended by Nos 68/2009 s. 97(Sch. item 47.4), 13/2010 s. 48(a). (3) For the purpose of subsection (2) a copy of the certificate shall be deemed to be served on the accused under subsection (2)(a) if— S. 120(3)(i) amended by No. 68/2009 s. 97(Sch. item 47.4), re-numbered as s. 120(3)(a) by No. 13/2010 s. 48(b)(ii). (a) not less than ten days before the hearing a copy of the certificate is lodged with the court of hearing which is hereby authorized to make such copy available to the accused; and S. 120(3)(ii) amended by No. 68/2009 s. 97(Sch. item 47.4), re-numbered as s. 120(3)(b) by No. 13/2010 s. 48(b)(iii). (b) notice in writing has been given to the accused that a copy of such certificate will be so lodged with the court. (4) Service of a copy of a certificate for the purposes of this section may be effected and proved— s. 120
S. 129(1)(a) amended by Nos 23/1994 s. 118(Sch. 1 item 17.16), 58/1997 s. 96(Sch. item 3.4), 56/1996 s. 100(6)(a), 94/2000 s. 52(1)(a), 18/2000 s. 106(1)(b), 25/2007 s. 33(1), 13/2010 s. 45(1), 14/2012 s. 8(1). (a) regulating the issue by registered medical practitioners, registered Chinese medicine practitioners, registered optometrists, registered podiatrists, nurse practitioners, registered nurses, registered midwives, dentists or veterinary practitioners of prescriptions for any such substance or preparation and the dispensing of any such prescriptions; S. 129(1)(aa) inserted by No. 10002 s. 13(1)(b), amended by Nos 23/1994 s. 118(Sch. 1 item 17.16), 58/1997 s. 96(Sch. item 3.4), 56/1996 s. 100(6)(b), 94/2000 s. 52(1)(b), 18/2000 s. 106(1)(c), 11/2002 s. 3(Sch. 1 item 16.2 (a)(b)), 13/2010 s. 45(1), 14/2012 s. 8(1). (aa) prohibiting either absolutely or subject to conditions the issue by registered medical practitioners, registered Chinese medicine practitioners, registered optometrists, nurse practitioners, registered nurses, registered midwives, veterinary practitioners and dentists of prescriptions or orders or classes of prescriptions or orders for any such substance or preparation; S. 129(1)(ab) inserted by No. 10002 s. 13(1)(b), amended by No. 18/2000 s. 106(1)(d). (ab) prohibiting either absolutely or subject to conditions the dispensing by pharmacists or registered Chinese herbal dispensers of prescriptions or orders or classes of prescriptions or orders for any such substance or preparation; s. 129
S. 132(x) amended by No. 10002 s. 13(3)(c). (x) prescribing a penalty of not more than 100 penalty units for any contravention of or failure to comply with the regulations; s. 132 S. 132(y) amended by No. 42/1993 s. 55(b)(i)(ii). (y) the administration and use of Schedule 3 poisons or any class of Schedule 3 poison; S. 132(z) amended by Nos 42/1993 s. 55(c), 23/1994 s. 118(Sch. 1 item 17.18(b)), 74/2000 s. 3(Sch. 1 item 38.5), 94/2000 s. 52(4)(c), 13/2010 s. 47(d), 14/2012 s. 9(2)(c). (z) regulating and controlling the issue by registered medical practitioners, nurse practitioners, registered nurses, registered midwives, registered optometrists, registered podiatrists, dentists or veterinary practitioners of prescriptions for any Schedule 3 poison and the dispensing of any such prescriptions; S. 132(za) amended by Nos 42/1993 s. 55(d), 23/1994 s. 118(Sch. 1 item 17.18(a)), 74/2000 s. 3(Sch. 1 item 38.6), 94/2000 s. 52(4)(d), 13/2010 s. 47(e), 14/2012 s. 9(2)(d). (za) regulating and controlling the sale or supply by pharmacists of Schedule 3 poisons to persons without direction from a registered medical practitioner, nurse practitioner, registered nurse, registered midwife, registered optometrist, registered podiatrist, veterinary practitioner or dentist; S. 132(zb) amended by No. 42/1993 s. 55(d). (zb) prescribing the manner in which Schedule 3 poisons may be dispensed by pharmacists and the keeping of records of each transaction effected by a pharmacist;
Sch. 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 s. 7. SCHEDULE ELEVEN Sch. 11 1 Column 1 Column 2 Column 3 Drug Quantity of pure drug Quantity of pure drug Kilograms Grams ACETORPHINE 20 N-ACETYLAMPHETAMINE 20 20 ACETYLDIHYDROCODEINE 100 1000 ACETYLMETHADOL 20 N-ACETYLMETHYLAMPHETAMINE 20 20 ALPRAZOLAM 05 ANILERIDINE 250 BARBITURATES 20 500 1, 4-BENZODIAZEPINES not included elsewhere in this Part 100 BENZOXAZOCINES 20 500 BENZETHIDINE 100 BENZYLMORPHINE 50 BEZITRAMIDE 50 BROMAZEPAM 30 05 05 05 05 4-BROMO-2,5- DIMETHOXYPHENETHYLAMINE (NEXUS) 05 05 BUFOTENINE 20 BUTORPHANOL 15 20 CHLORAL HYDRATE 20 500 CHLORDIAZEPOXIDE 50 20 20
Drug Quantity of pure drug Quantity of pure drug Kilograms Grams PIPERIDINE DERIVATIVES INCLUDING—ALLYLPRODINE, MEPRODINE, PHENOPERIDINE and PRODINE 10 20 PIRITRAMIDE 10 PROHEPTAZINE 10 PROPERIDINE 250 PROPIRAM 20 PROPOXYPHENE 20 20 PSILOCIN 01 01 PSILOCYBIN 01 01 TEMAZEPAM 30 THEBACON 20 20 THEBAINE 20 20 THIAMBUTENE 50 1-[1-(2-THIENYL) CYCLOHEXYL] PIPERIDINE 01 0001 TRIMEPERIDINE 100 2 Column 1 Column 1A (Large Commercial Quantity) Column 2 (Commercial Quantity) Column 3 (Traffickable Quantity) Column 4 (Small Quantity) Plant Quantity Quantity Quantity Quantity Cannabis L. 250 kg or 1000 plants 250 kg or 100 plants 2500 g or 10 plants 500 g Erythroxylum coca Lam 800 kg 8000 g Erythroxylum nova-granatense (Morris) Hier 800 kg 8000 g Papaver bracteatum Lindley 1000 plants 100 kg or 250 plants 1000 g or 50 plants 5 plants Papaver somniferum L., other than its seed 1000 plants 100 kg or 250 plants 1000 g or 50 plants 5 plants Sch. 11 3 Sch. 11
Assent Date: 22.5.84 Commencement Date: 22.5.84: s. 3(2) : All of Act in operation Health (Amendment) Act 1985, No. 10262/1985 Assent Date: 10.12.85 Commencement Date: S. 4(Sch.) on 1.3.86: Government Gazette 26.2.86 p. 451 : This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981 Courts Amendment Act 1986, No. 16/1986 Assent Date: 22.4.86 Commencement Date: S. 30(Sch.) on 1.7.86: Government Gazette 25.6.86 p. 2180 : This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981 Public Contracts (Repeal) Act 1986, No. 21/1986 Assent Date: 22.4.86 Commencement Date: 22.4.86 : All of Act in operation Crimes (Confiscation of Profits) Act 1986, No. 101/1986 Assent Date: 16.12.86 Commencement Date: 1.8.87: Government Gazette 22.7.87 p. 1924 : All of Act in operation Supreme Court Act 1986, No. 110/1986 Assent Date: 16.12.86 Commencement Date: 1.1.87: s. 2 : All of Act in operation Animal Preparations Act 1987, No. 12/1987 Assent Date: 5.5.87 Commencement Date: S. 37 on 5.5.87: s. 2(1); rest of Act on 29.6.88: Government Gazette 29.6.88 p. 1893 : All of Act in operation Drugs, Poisons and Controlled Substances (Amendment) Act 1987, No. 20/1987 Assent Date: 12.5.87 Commencement Date: 12.5.87 : All of Act in operation Conservation, Forests and Lands Act 1987, No. 41/1987
Dental Practice Act 1999, No. 26/1999 Assent Date: 1.6.99 Commencement Date: S. 107(Sch. item 2) on 1.7.00: s. 2(3) : This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981 Chinese Medicine Registration Act 2000, No. 18/2000 Assent Date: 16.5.00 Commencement Date: Ss 96–107 on 1.1.02: Government Gazette 4.10.01 p. 2511 : This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981 Statute Law Revision Act 2000, No. 74/2000 Assent Date: 21.11.00 Commencement Date: S. 3(Sch. 1 item 38) on 22.11.00: s. 2(1) : This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981 Nurses (Amendment) Act 2000, No. 94/2000 Endnotes Assent Date: 5.12.00 Commencement Date: Ss 48–52 on 1.11.01: s. 2(3) : This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981 Health (Amendment) Act 2001, No. 33/2001 Assent Date: 19.6.01 Commencement Date: S. 21 on 20.6.01: s. 2(1) : This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981 Drugs, Poisons and Controlled Substances (Amendment) Act 2001, No. 61/2001 Assent Date: 23.10.01 Commencement Date: 1.1.02: s. 2(2) : All of Act in operation Statute Law (Further Revision) Act 2002, No. 11/2002 Assent Date: 23.4.02 Commencement Date: S. 3(Sch. 1 item 16.1) on 1.1.02: s. 2(2)(b); s. 3(Sch. 1 item 16.2) on 24.4.02: s. 2(1) : This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981
Major Crime Legislation (Seizure of Assets) Act 2004, No. 87/2004 Assent Date: 23.11.04 Commencement Date: S. 25 on 1.1.05: s. 2(2) : This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981 Public Administration Act 2004, No. 108/2004 Assent Date: 21.12.04 Commencement Date: S. 117(1)(Sch. 3 item 60) on 5.4.05: Government Gazette 31.3.05 p. 602 : This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981 Road Safety and Other Acts (Vehicle Impoundment and Other Amendments) Act 2005, No. 93/2005 Assent Date: 29.11.05 Commencement Date: S. 14 on 30.11.05: s. 2(1) : This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981 Endnotes Health Professions Registration Act 2005, No. 97/2005 (as amended by Nos 29/2006, 25/2007) Assent Date: 7.12.05 Commencement Date: Ss 178–180, 182(Sch. 4 item 16) on 1.7.07: s. 2(3) : This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981 Drugs, Poisons and Controlled Substances (Aged Care Services) Act 2006, No. 17/2006 Assent Date: 9.5.06 Commencement Date: 30.5.06: s. 2 : All of Act in operation Drugs, Poisons and Controlled Substances (Prohibition of Display and of Cocaine Kits) Act 2006, No. 18/2006 Assent Date: 9.5.06 Commencement Date: 10.5.06: s. 2 : All of Act in operation Children, Youth and Families (Consequential and Other Amendments) Act 2006, No. 48/2006 Assent Date: 15.8.06 Commencement Date: S. 42(Sch. item 11) on 23.4.07: s. 2(3) : This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981
Justice Legislation Amendment Act 2009, No. 25/2009 Assent Date: 17.6.09 Commencement Date: Ss 6, 7 on 3.9.09: Government Gazette 3.9.09 p. 2331 : This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981 Justice Legislation Further Amendment Act 2009, No. 55/2009 Endnotes Assent Date: 22.9.09 Commencement Date: Ss 7–9 on 31.5.10: s. 2(4) : This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981 Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009 Assent Date: 24.11.09 Commencement Date: S. 97(Sch. item 47) on 1.1.10: Government Gazette 10.12.09 p. 3215 : This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981 Statute Law Amendment (National Health Practitioner Regulation) Act 2010, No. 13/2010 Assent Date: 30.3.10 Commencement Date: Ss 35–48 on 1.7.10: s. 2(2) : This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981 Pharmacy Regulation Act 2010, No. 39/2010 Assent Date: 30.6.10 Commencement Date: Ss 119, 120 on 24.8.10: Government Gazette 12.8.10 p. 1759 : This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981 Severe Substance Dependence Treatment Act 2010, No. 43/2010 Assent Date: 10.8.10 Commencement Date: S. 45 on 1.3.11: s. 2(2) : This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981 Justice Legislation Further Amendment Act 2010, No. 64/2010 Assent Date: 28.9.10 Commencement Date: S. 11 on 1.1.11: Government Gazette 28.10.10 p. 2584 : This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981
Proclamation, S. R. No. 208/1985 Date of Making: 4.6.85 Date of Commencement: 4.6.85 Endnotes 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 Proclamation, S.R. No. 179/1986 Date of Making: 8.7.86 Date of Commencement: 8.7.86 Proclamation, S.R. No. 82/1987 Date of Making: 14.4.87 Date of Commencement: 14.4.87 Proclamation, S.R. No. 254/1987 Date of Making: 29.9.87 Date of Commencement: 29.9.87 Proclamation, S.R. No. 366/1987 Date of Making: 8.12.87 Date of Commencement: 8.12.87 Proclamation, S.R. No. 138/1989 Date of Making: 14.6.89 Date of Commencement: 14.6.89 Proclamation, S.R. No. 23/1990 Date of Making: 13.2.90 Date of Commencement: 13.2.90 Proclamation, S.R. No. 250/1990 Date of Making: 18.9.90 Date of Commencement: 18.9.90 Proclamation, S.R. No. 314/1990 Date of Making: 7.11.90 Date of Commencement: 7.11.90 Proclamation, S.R. No. 194/1991 Date of Making: 8.10.91 Date of Commencement: 8.10.91 Proclamation, S.R. No. 230/1992 Date of Making: 4.8.92 Date of Commencement: 4.8.92 Endnotes Proclamation, S.R. No. 263/1992 Date of Making: 8.9.92 Date of Commencement: 8.9.92
Proclamation, S.R. No. 289/1992 Date of Making: 27.10.92 Date of Commencement: 27.10.92 Proclamation, S.R. No. 305/1992 Date of Making: 17.11.92 Date of Commencement: 17.11.92 Proclamation, S.R. No. 350/1992 Date of Making: 22.12.92 Date of Commencement: 27.1.93: para. (1) Proclamation, S.R. No. 67/1993 Date of Making: 4.5.93 Date of Commencement: 4.5.93 Proclamation, S.R. No. 69/1993 Date of Making: 11.5.93 Date of Commencement: 11.5.93 Proclamation, S.R. No. 86/1993 Date of Making: 8.6.93 Date of Commencement: 8.6.93 Proclamation, S.R. No. 136/1993 Date of Making: 20.7.93 Date of Commencement: 20.7.93 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 Endnotes ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Explanatory Details Endnotes