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Acts and enactments mentioned in the table to this subsection, to the extent to which they are therein expressed to be repealed are hereby repealed accordingly. TABLE Number of Act Title of Act Extent of Amendment or Repeal 6889 Poisons Act 1962 So much as has not already been repealed. 7065 Statute Law Revision Act 1963 Items in Schedule relating to the Poisons Act 1962. 7588 Poisons (Amendment) Act 1967 The whole. 7703 Abolition of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.
S. 4(1) def. of baseline sentence inserted by No. 52/2014 s. 17, repealed by No. 34/2017 s. 15. * * * * * S. 4(1) def. of category 1 precursor chemical inserted by No. 55/2009 s. 7. category 1 precursor chemical means a substance prescribed as a category 1 precursor chemical and— (a) includes— (i) any form of that substance, whether natural or synthetic; and (ii) if specified in the regulations for that category 1 precursor chemical, the salts, derivatives and isomers of that substance and any salt of those derivatives and isomers; (b) despite the definition of substance in this section, does not include that substance when contained in or mixed with another substance; S. 4(1) def. of category 2 precursor chemical inserted by No. 55/2009 s. 7. category 2 precursor chemical means a substance prescribed as a category 2 precursor chemical and— (a) includes— (i) any form of that substance, whether natural or synthetic; and (ii) if specified in the regulations for that category 2 precursor chemical, the salts, derivatives and isomers of that substance and any salt of those derivatives and isomers;
S. 4(1) def. of designated place inserted by No. 45/2017 s. 16. designated place has the same meaning as in the Victoria Police Act 2013; S. 4(1) def. of director inserted by No. 66/2017 s. 4. director, in relation to the licensed medically supervised injecting centre, has the meaning given in section 55B; S. 4(1) def. of drug of addiction repealed by No. 42/1993 s. 35(a). * * * * * S. 4(1) def. of drug of dependence substituted by No. 10002 s. 2(a), amended by No. 101/1986 s. 58(1)(a), substituted by No. 48/1997 s. 36(1)(a), amended by Nos 9/1998 s. 10(a)(ii), 74/2004 s. 6(1)(a)–(c), 41/2011 s. 4, 9/2014 s. 3(1). drug of dependence means a substance that is— (a) a drug— (i) specified in column 1 of Part 1 of Schedule Eleven; or (ii) included in a class of drug specified in column 1 of Part 1 of Schedule Eleven; or (b) any fresh or dried parts of any plant specified in column 1 of Part 2 of Schedule Eleven; or (ba) prescribed as a drug of dependence in accordance with section 132AA whether specified as included in Part 1, Part 2 or Part 3 of Schedule Eleven; or (c) a drug— (i) specified in column 1 of Part 3 of Schedule Eleven; or (ii) included in a class of drug specified in column 1 of Part 3 of Schedule Eleven—
S. 4(1) def. of medicinal cannabis inserted by No. 20/2016 s. 101(1). medicinal cannabis has the same meaning as it has in the Access to Medicinal Cannabis Act 2016; S. 4(1) def. of medicinal cannabis cultivation licence inserted by No. 20/2016 s. 101(1). medicinal cannabis cultivation licence means a cultivation licence within the meaning of the Access to Medicinal Cannabis Act 2016; S. 4(1) def. of medicinal cannabis licence inserted by No. 20/2016 s. 101(1). medicinal cannabis manufacturing licence means a manufacturing licence within the meaning of the Access to Medicinal Cannabis Act 2016; 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 nurse practitioner inserted by No. 94/2000 s. 48, repealed by No. 97/2005 s. 178(1), new def. of nurse practitioner inserted by No. 97/2005 s. 178(2), substituted by No. 13/2010 s. 35(1)(c). nurse practitioner means a nurse whose registration is endorsed by the Nursing and Midwifery Board of Australia under section 95 of the Health Practitioner Regulation National Law; Order in Council means an Order made by the Governor in Council published in the Government Gazette; S. 4(1) def. of patient medicinal cannabis access authorisation inserted by No. 20/2016 s. 101(1). patient medicinal cannabis access authorisation has the same meaning as it has in the Access to Medicinal Cannabis Act 2016;
(l) a chemical product within the meaning of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992; (m) a plant or fungus or an extract of a plant or fungus; (n) a prescribed substance or a substance that is in a prescribed class of substances; S. 4(1) def. of public health emergency order inserted by No. 17/2008 s. 4. public health emergency order means an order made under section 22D and includes an order extended, amended or varied under section 22G; S. 4(1) def. of public place inserted by No. 40/2017 s. 4. public place has the same meaning as it has in the Summary Offences Act 1966; 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;
(b) a copy of or an extract from any matter incorporated by reference in the Poisons Code; or (c) a copy of an amendment of the Poisons Code; or (d) a copy of or an extract from any matter amending, varying, remaking or superseding any matter incorporated by reference in the Poisons Code— is evidence and, in the absence of evidence to the contrary, is proof of the matters stated in the document. S. 12M inserted by No. 42/1993 s. 38, repealed by No. 74/2004 s. 9. * * * * * Division 2—Authorized persons 13 Persons authorized to have possession etc. of poisons or controlled substances S. 13(1) amended by No. 20/2016 s. 103. (1) Subject to this Act and the regulations and, in relation to medicinal cannabis, the Access to Medicinal Cannabis Act 2016 and the regulations under that Act— S. 13(1)(a) amended by Nos 10002 s. 4(a)(b), 23/1994 s. 118(Sch. 1 item 17.4), 58/1997 s. 96(Sch. item 3.2), 18/2000 s. 99(1). (a) any registered medical practitioner, pharmacist, veterinary practitioner or dentist is hereby authorized to obtain and have in his possession and to use, sell or supply any poison or controlled substance (other than a Schedule 1 poison) or drug of dependence in the lawful practice of his profession as a registered medical practitioner, pharmacist, veterinary practitioner or dentist (as the case may be); and
(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.
allowances from time to time fixed by the Minister. 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.
S. 20(3) amended by No. 20/2016 s. 104. (3) A permit authorises a person to purchase or otherwise obtain poisons or controlled substances, other than medicinal cannabis, 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.
Division 17—Prohibition of poisons or controlled substances 55 Prohibiting sale or supply of poisons or controlled substances S. 55(1) amended by Nos 10262 s. 4, 46/1998 s. 7(Sch. 1). (1) Where the Minister is of the opinion that it is necessary to take urgent action in the interest of the health or safety of the public, he may, after consulting with the Secretary, recommend to the Governor in Council that the sale or supply use or a specified use or uses of a poison or controlled substance— (a) should, subject to such terms and conditions as are specified in the recommendation, be— (i) prohibited; or (ii) restricted— in the whole or any part of Victoria; or (b) should, subject to such terms and conditions as are specified in the recommendation, be prohibited in part of Victoria and restricted in another part of Victoria— for a period not exceeding three months. (2) Where a recommendation is made to the Governor in Council under subsection (1), the Governor in Council may, by Order published in the Government Gazette prohibit or restrict the sale or supply or use of the poison or controlled substance in accordance with the recommendation. S. 55(3) amended by Nos 10262 s. 4, 46/1998 s. 7(Sch. 1). (3) The Governor in Council may, on the recommendation of the Minister after consulting with the Secretary, by Order published in the Government Gazette—
S. 60H(1) amended by No. 37/2014 s. 10(Sch. item 47.10(a)). (1) Subject to subsection (2), before a police officer commences a search of a person under section 60E or 60F, the police officer must— S. 60H(1)(a) amended by No. 37/2014 s. 10(Sch. item 47.10(a)(ii)). (a) inform the person that, although it is not an offence to possess a volatile substance or an item used to inhale a volatile substance or to inhale a volatile substance, in certain circumstances and using reasonable force, the police officer may— (i) search a person for a volatile substance; and (ii) seize a volatile substance or item used to inhale a volatile substance that is in a person's possession or under a person's control; and S. 60H(1)(b) amended by No. 37/2014 s. 10(Sch. item 47.10(a)(ii)). (b) request the person to produce to the police officer any volatile substance or item used to inhale a volatile substance that is in the person's possession or under the person's control. S. 60H(2) amended by No. 37/2014 s. 10(Sch. item 47.10(b)). (2) A police officer is not required to comply with subsection (1) if the police officer believes on reasonable grounds that— (a) the person is unable to understand the information and request because of the effects of inhaling a volatile substance; or (b) it is otherwise impracticable to do so. S. 60I inserted by No. 55/2003 s. 4. 60I Request for explanation before seizure of volatile substances and items used to inhale volatile substances
(c) is a relative of the applicant. (3) In subsection (2)— relative means spouse (including de facto spouse), parent, child or sibling (whether of the full or half blood); relevant financial interest, in relation to a business, means— (a) any share in the capital of the business; or (b) any entitlement to receive any income derived from the business; relevant position, in relation to a business, means the position of director, manager or other executive position or secretary, however that position is designated; relevant power means any power, whether exercisable by voting or otherwise and whether exercisable alone or in association with others— (a) to participate in any directorial, managerial or executive decision; or (b) to elect or appoint any person to any relevant position. S. 61A inserted by No. 20/2016 s. 118. 61A Part does not apply to medicinal cannabis This Part does not apply to medicinal cannabis. New s. 62 inserted by No. 54/1997 s. 5. 62 Application for authority to cultivate and process low-THC cannabis (1) A person may apply to the Secretary for an authority authorising that person, for commercial
S. 69RI inserted by No. 13/2014 s. 4. 69RI Procedure on detaining or seizing alkaloid poppies or poppy straw (1) If an inspector detains or seizes any seized material under section 69RH, the inspector must immediately— (a) make a written record of the detention or seizure; and (b) give a detention or seizure receipt to the licensed grower or the licensed processor, as the case requires, that— (i) identifies the seized material taken; and (ii) states the name of the inspector who detained or seized the seized material; and (iii) states the reasons for the detention or seizure; and S. 69RI(1)(c) amended by No. 37/2014 s. 10(Sch. item 47.24). (c) in the case of an inspector who is not a police officer, send a copy of the detention or seizure receipt to the Secretary; and S. 69RI(1)(d) amended by No. 37/2014 s. 10(Sch. item 47.24). (d) in the case of an inspector who is a police officer, send a copy of the detention or seizure receipt to the Chief Commissioner of Police and the Secretary. (2) If an inspector detains or seizes any seized material under section 69RH, the inspector, with any assistance necessary, may take or send the seized material to a place approved by the Secretary for it to be examined, tested or stored. S. 69RI(3) amended by No. 37/2014 s. 10(Sch. item 47.24). (3) This section does not limit or prevent the exercise of any power by a police officer to commence a proceeding in respect of compliance with this Part in relation to any seized material.
mixed with that drug of dependence is not to be included in the calculation. S. 70(1) def. of automatic forfeiture quantity inserted by No. 63/2003 s. 45. automatic forfeiture quantity, in relation to a drug of dependence the name of which is specified in column 1 of Part 3 of Schedule Eleven, means the quantity of that drug, including any other substance in which it is contained or with which it is mixed, that is specified in column 2B of that Part of that Schedule opposite to the name of that drug of dependence; Note 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
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— (i) if that drug of dependence is contained in or mixed with another substance and the quantity of that mixture of drug of dependence and other substance is not less than the quantity specified in column 1B of that Part of that Schedule opposite to the name of that drug of dependence, means any amount of that drug of dependence; or (ii) in any other case, means the quantity that is specified in column 1A of that Part of that Schedule opposite to the name of that drug of dependence; (c) in relation to 2 or more drugs of dependence, means an aggregated large commercial quantity of those drugs; S. 70(1) def. of narcotic plant amended by Nos 101/1986 s. 58(1)(b)(ii), 52/2006 s. 8(9). narcotic plant means any plant the name of which is specified in column 1 of Part 2 of Schedule Eleven and includes a cutting of such a plant, whether or not the cutting has roots; S. 70(1) def. of public place inserted by No. 2/2016 s. 4. public place has the same meaning as it has in section 3 of the Summary Offences Act 1966;
S. 70(1) def. of school inserted by No. 2/2016 s. 4. school has the same meaning as it has in section 1.1.3 of the Education and Training Reform Act 2006; S. 70(1) def. of small quantity amended by Nos 101/1986 s. 58(1)(b)(iii), 48/1997 s. 37(c). small quantity— (a) in relation to any fresh or dried parts of a plant of the genus Cannabis L, means the quantity that is specified in column 4 of Part 2 of Schedule Eleven opposite to the name Cannabis L specified in column 1 of that part of that Schedule; and (b) in relation to any drug of dependence the name of which is specified in column 1 of Part 3 of Schedule Eleven, means the quantity of that drug, including any other substance in which it is contained or with which it is mixed, that is specified in column 4 of that Part of that Schedule opposite to the name of that drug of dependence; traffick in relation to a drug of dependence includes— (a) prepare a drug of dependence for trafficking; (b) manufacture a drug of dependence; or (c) sell, exchange, agree to sell, offer for sale or have in possession for sale, a drug of dependence; S. 70(1) def. of traffickable quantity substituted by No. 48/1997 s. 37(d), amended by No. 52/2006 s. 8(10). traffickable quantity, in relation to a drug of dependence— (a) the name of which is specified in column 1 of Part 1 of Schedule Eleven, means the quantity that is specified in column 3 of that Part of that Schedule
S. 76(1A) inserted by No. 48/1997 s. 43(2). (1A) If a person to whom subsection (1) applies is, on a charge for an offence in relation to a drug of dependence other than cannabis or tetrahydrocannabinol, released on giving an undertaking under section 75(1) of the Sentencing Act 1991, the court must attach to the undertaking a condition that the person completes an approved drug education and information program. (2) Where subsection (1) applies to a person and the magistrates' court proceeds to a conviction, the court shall state its reasons for doing so. S. 76(3) amended by No. 48/2006 s. 42(Sch. item 11). (3) In determining whether a person has been previously convicted of an offence for the purposes of paragraph (b) of subsection (1), proceedings under the Children, Youth and Families Act 2005 or under any Act of the Commonwealth or of a State or Territory of the Commonwealth which corresponds to that Act shall be disregarded. S. 76(4) inserted by No. 48/1997 s. 43(3), amended by No. 46/1998 s. 7(Sch. 1). (4) A person or body may apply to the Secretary for approval for a program for the purposes of this section. S. 76(5) inserted by No. 48/1997 s. 43(3). (5) An application under subsection (4) must be accompanied by the prescribed application fee. S. 76(6) inserted by No. 48/1997 s. 43(3), amended by No. 46/1998 s. 7(Sch. 1). (6) The Secretary— (a) may grant an approval subject to any conditions, limitations or restrictions specified in the approval; and (b) must specify the period during which an approval continues in force.
S. 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 S. 78(d) amended by No. 20/2016 s. 137. (d) cause or induce or attempt to cause or induce a pharmacist or a person authorized by this Act or the regulations or the Access to Medicinal Cannabis Act 2016 or the regulations under that Act 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 or the Access to Medicinal Cannabis Act 2016 or the regulations under that Act. 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(1) amended by Nos 48/1997 s. 47(a), 61/2001 s. 7(b), 2/2016 s. 14. (1) A person who conspires with another person or other persons to commit an offence against any provision of sections 71, 71AA, 71AB, 71AC, 71AD, 71A, 71B, 71E, 71F, 72, 72A, 72B, 72D or 73 is guilty of an indictable offence and liable to the same punishment pecuniary penalties and forfeiture as if he has committed the first-mentioned offence. Note to s. 79(1) inserted by No. 55/2014 s. 52. Note An offence against this section is a serious drug offence for the purposes of the Confiscation Act 1997 where the conspiracy is to commit an offence against section 71 or 72. On the conviction of a person for a serious drug offence, the court must make an order under section 89DI of the
pecuniary penalty and forfeiture as if the offence were committed in Victoria. S. 80(5) inserted by No. 20/1987 s. 3, amended by No. 63/2014 s. 7(11). (5) A person who sells or supplies a hypodermic needle or a syringe is not guilty of an offence under this section or of being involved in the commission of an offence against any provision referred to in this section by reason only of that sale or supply— (a) if the person is, or is engaged or employed by, a pharmacist and the sale or supply is made in the course of the lawful practice of a pharmacist; or S. 80(5)(b) substituted by No. 12/1994 s. 6(1). (b) if the sale or supply is by a specified person or organisation or specified class of persons or organisations in specified circumstances as authorised by Order in Council published in the Government Gazette. S. 80(6) inserted by No. 12/1994 s. 6(2), amended by No. 46/1998 s. 7(Sch. 1). (6) The Secretary must keep a list of all persons and organisations authorised under subsection (5)(b). S. 80(7) inserted by No. 12/1994 s. 6(2), amended by No. 46/1998 s. 7(Sch. 1). (7) The Secretary must ensure that— S. 80(7)(a) amended by No. 12/1999 s. 4(Sch. 2 item 4.1). (a) 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; and (b) a copy of the list is made available, without charge, to any member of the public on request.
S. 81(1AA) inserted by No. 25/2009 s. 6(2), amended by No. 37/2014 s. 10(Sch. item 47.38(a)). (1AA) A search warrant directed to a named police officer under subsection (1) may be executed by any police officer. S. 81(1AB) inserted by No. 48/2012 s. 41. (1AB) For the purposes of subsection (1), a seized thing may be brought before the Court by giving evidence on oath to the Court as to the present whereabouts of the thing and by producing a photograph of it. S. 81(1A) inserted by No. 63/2003 s. 46(1), amended by Nos 25/2009 s. 6(3), 37/2014 s. 10(Sch. item 47.38(a)). (1A) A magistrate who issues a warrant under subsection (1), if satisfied on reasonable grounds by the evidence given under that subsection that the thing or document to which the warrant relates is also tainted property within the meaning of the Confiscation Act 1997, may, in that warrant, direct that the police officer executing the warrant hold or retain that thing or document as if it were tainted property seized under a warrant under section 79 of that Act as and from the date when that thing or document is no longer required for evidentiary purposes under this Act. S. 81(1B) inserted by No. 63/2003 s. 46(1). (1B) A direction under subsection (1A)— S. 81(1B)(a) amended by No. 87/2004 s. 25. (a) may only be made in relation to an offence under this Act which is a Schedule 1 offence within the meaning of the Confiscation Act 1997; and (b) does not apply to a thing which may be destroyed or disposed of under subsection (3)(e).
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. S. 118(8) inserted by No. 66/2017 s. 8. (8) This section does not apply to a medically supervised injecting centre licence under Part IIA. 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, registered Chinese herbal dispenser, dentist, pharmacist, registered podiatrist, registered optometrist, nurse practitioner, registered
120 Analyst's etc. certificates (1) In any legal proceedings for an offence against this Act the production of a certificate purporting to be signed by an analyst or by a botanist with respect to any analysis or examination made by him shall, without proof of the signature of the 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. 122(b) amended by Nos 42/1993 s. 53(a)(b), 20/2016 s. 141. (b) evidence that any particular article or substance or the container thereof is labelled "Poison" or "Poisonous, not to be taken" or "Schedule 1" or "Schedule 2" or "Schedule 3" or "Schedule 4" or "Schedule 5" or "Schedule 6" or "Schedule 7" "Schedule 8" or "Schedule 9" or "medicinal cannabis product" or (whether alone or in combination with any other words or symbols) "S. 1", "S. 2", "S. 3", "S. 4", "S. 5", "S. 6", "S. 7", "S. 8" or "S. 9" shall be prima facie evidence that the particular article or substance is a poison or controlled substance. S. 122A inserted by No. 101/1986 s. 55(1)(f). 122A Evidence of market value of drugs of dependence S. 122A(1) amended by No. 108/1997 s. 152(1)(a). (1) In any proceedings under this Act or the regulations or under the Confiscation Act 1997— S. 122A(1)(a) amended by No. 37/2014 s. 10(Sch. item 47.41). (a) a police officer; or (b) any other person— whom the court is satisfied is experienced— S. 122A(1)(c) amended by Nos 48/1997 s. 47(c), 61/2001 s. 7(e). (c) in the investigation of offences under section 71, 71AA, 71AB, 71AC, 71A, 71B, 72, 72A, 72B, 73, 79(1) or 80(1) of this Act; or (d) in the assessment of the market value of drugs of dependence— may give evidence in accordance with subsection (2).
S. 129 amended by No. 10002 s. 13(1)(a)(f). 129 Regulations S. 129(1) amended by Nos 42/1993 s. 54(1), 18/2000 s. 106(1)(a). (1) For the purpose of preventing the improper use of drugs of dependence and Schedule 1 poisons, Schedule 4 poisons, Schedule 8 poisons and Schedule 9 poisons or any preparation of them or any of them the Governor in Council may make regulations for or with respect to regulating or controlling the manufacture sale possession administration use supply distribution and storage of those substances and preparations and in particular, without affecting the generality of the foregoing provisions of this section or of any other provisions of this Act, for or with respect to— S. 129(1)(a) amended by Nos 23/1994 s. 118(Sch. 1 item 17.16), 58/1997 s. 96(Sch. item 3.4), 56/1996 s. 100(6)(a), 94/2000 s. 52(1)(a), 18/2000 s. 106(1)(b), 25/2007 s. 33(1), 13/2010 s. 45(1), 14/2012 s. 8(1). (a) regulating the issue by registered medical practitioners, registered Chinese medicine practitioners, registered optometrists, registered podiatrists, nurse practitioners, registered nurses, registered midwives, dentists or veterinary practitioners of prescriptions for any such substance or preparation and the dispensing of any such prescriptions;
S. 129(1)(ca) inserted by No. 10002 s. 13(1)(d). (ca) prohibiting either absolutely or subject to conditions or in any specified circumstances or classes of circumstances the prescription, sale, supply, dispensing or administration of any such substance or preparation; (d) regulating the transfer or conveyance of any such substance or preparation; (e) regulating the supply of any such substance or preparation to drug-dependent persons; S. 129(1)(ea) inserted by No. 66/2017 s. 10. (ea) without limiting section 55Q, any matter or thing required to be prescribed for the purposes of Part IIA; (f) regulating and controlling advertising by any person in relation to any such substances or preparations or any of them and prescribing the form and contents of such advertisements; (g) generally prescribing all such matters and things as are necessary or convenient to be prescribed for carrying this Act into effect; and S. 129(1)(h) amended by No. 10002 s. 13(1)(e). (h) prescribing a penalty of not more than 100 penalty units for any contravention of or failure to comply with the regulations made under this section.
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. 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(k) amended by Nos 23/1994 s. 118(Sch. 1 item 17.18(b)), 74/2000 s. 3(Sch. 1 item 38.5), 94/2000 s. 52(4)(a), 13/2010 s. 47(b), 14/2012 s. 9(2)(a). (k) providing for the dispensing of prescriptions for poisons or controlled substances issued by registered medical practitioners, nurse practitioners, registered nurses, registered midwives, registered optometrists, registered podiatrists, dentists or veterinary practitioners in other States; (l) labelling and specifying the particulars (including antidotes) to be included in labels attached to containers of poisons and controlled substances; S. 132(m) substituted by No. 12/1994 s. 10(2)(a). (m) applications for licences, permits, warrants and authorities issued under this Act, and the issue, renewal, amendment, suspension or cancellation of them; S. 132(n) amended by Nos 10002 s. 13(3)(b), 12/1994 s. 10(2)(b). (n) prescribing terms and conditions limitations and restrictions to which licences warrants and permits issued under this Act shall be subject; S. 132(o) substituted by No. 12/1994 s. 10(2)(c). (o) prescribing fees for applications for the issue, renewal and amendment of licences, permits, warrants, authorisations and approvals under the Act and pro rata fees for periods of less than 12 months; S. 132(oa) inserted by No. 12/1994 s. 10(2)(c). (oa) prescribing penalties not exceeding 100 penalty units for the breach of terms, conditions, limitations and restrictions of authorisations and approvals;
S. 132(zb) amended by No. 42/1993 s. 55(d). (zb) prescribing the manner in which Schedule 3 poisons may be dispensed by pharmacists and the keeping of records of each transaction effected by a pharmacist; S. 132(zc) amended by Nos 42/1993 s. 55(e)(i)(ii), 23/1994 s. 118(Sch. 1 item 17.18(a)), 74/2000 s. 3(Sch. 1 item 38.6), 94/2000 s. 52(4)(e), 13/2010 s. 47(f), 14/2012 s. 9(2)(e). (zc) regulating and controlling the dispensing and sale or supply of Schedule 4 poisons by pharmacists without a prescription from a registered medical practitioner, nurse practitioner, registered nurse, registered midwife, registered optometrist, registered podiatrist, dentist or veterinary practitioner in emergency circumstances to the extent that the quantity of any Schedule 4 poison so dispensed sold or supplied does not exceed three days medication or, where a Schedule 4 poison is or is contained in a pre-packed pharmaceutical preparation, the minimum standard package containing the preparation; S. 132(zca) inserted by No. 42/1993 s. 54(3), amended by No. 75/2014 s. 23. (zca) amending the Poisons Standard in so far as it is incorporated in the Poisons Code; S. 132(zcb) inserted by No. 42/1993 s. 54(3), repealed by No. 74/2004 s. 17, new s. 132(zcb) inserted by No. 52/2006 s. 15. (zcb) for the purposes of Part V, prescribing precursor chemicals and the prescribed quantity of any precursor chemical, including different quantities for different chemicals; S. 132(zcc) inserted by No. 55/2009 s. 9(1). (zcc) without limiting this section, for the purposes of Part VB, prescribing— (i) category 1 precursor chemicals; (ii) category 2 precursor chemicals; (iii) category 3 precursor apparatus;
Substance specified in Schedule Two of the Drugs, Poisons and Controlled Substances Act 1981 Schedule 2 poison Substance specified in Schedule Three of the Drugs, Poisons and Controlled Substances Act 1981 Schedule 3 poison Substance specified in Schedule Four of the Drugs, Poisons and Controlled Substances Act 1981 Schedule 4 poison Substance specified in Schedule Five of the Drugs, Poisons and Controlled Substances Act 1981 Schedule 5 poison Substance specified in Schedule Six of the Drugs, Poisons and Controlled Substances Act 1981 Schedule 6 poison Substance specified in Part 1 of Schedule Seven of the Drugs, Poisons and Controlled Substances Act 1981 Schedule 7 poison Substance specified in Part 2 of Schedule Seven of the Drugs, Poisons and Controlled Substances Act 1981 Regulated poison Substance specified in Schedule Eight of the Drugs, Poisons and Controlled Substances Act 1981 Schedule 8 poison or Schedule 9 poison S. 134(3) inserted by No. 18/2000 s. 107. (3) Despite subsection (2), on or after the commencement of section 97 of the Chinese Medicine Registration Act 2000, a reference in Column 2 in the Table to a Schedule 1 poison is not to be taken to be a reference to a Schedule 1 poison within the meaning of this Act as amended by the Chinese Medicine Registration Act 2000. S. 135 substituted by No. 42/1993 s. 58. 135 Instruments to continue (1) The amendments made to this Act by the Health and Community Services (General Amendment) Act 1993 do not affect the continuity of status, operation or effect of any licence, permit, warrant or authority in force under this Act immediately before the commencement of this section.
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 20–23. 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
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: 14.10.03 Commencement Date: Ss 3, 13(1) on 15.10.03: s. 2(1) Current State: This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981 Crimes (Controlled Operations) Act 2004, No. 16/2004 Assent Date: 18.5.04 Commencement Date: S. 53 on 2.11.08: Government Gazette 30.10.08 p. 2530 Current State: This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981 Drugs, Poisons and Controlled Substances and Therapeutic Goods (Victoria) Acts (Amendment) Act 2004, No. 74/2004 Assent Date: 9.11.04 Commencement Date: Ss 3–19 on 10.11.04: s. 2 Current State: This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981 Pharmacy Practice Act 2004, No. 80/2004 Assent Date: 16.11.04 Commencement Date: S. 150(Sch. 2 item 2) on 1.7.05: s. 2(3) Current State: 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) Current State: 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 Current State: 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: 22.9.09 Commencement Date: Ss 7–9 on 31.5.10: s. 2(4) Current State: 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 Current State: 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) Current State: 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 Current State: 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) Current State: 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 Current State: This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981 Statute Law Revision Act 2011, No. 29/2011
Assent Date: 1.7.14 Commencement Date: S. 260 on 31.12.17: Special Gazette (No. 443) 19.12.17 p. 1 Current State: This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981 Sentencing Amendment (Baseline Sentences) Act 2014, No. 52/2014 Assent Date: 12.8.14 Commencement Date: Ss 17, 18 on 2.11.14: Special Gazette (No. 350) 7.10.14 p. 1 Current State: This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981 Criminal Organisations Control and Other Acts Amendment Act 2014, No. 55/2014 Assent Date: 26.8.14 Commencement Date: Ss 50–53 on 1.10.14: Special Gazette (No. 330) 23.9.14 p. 1 Current State: This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981 Crimes Amendment (Abolition of Defensive Homicide) Act 2014, No. 63/2014 Assent Date: 9.9.14 Commencement Date: S. 7(8)–(11) on 1.11.14: Special Gazette (No. 350) 7.10.14 p. 1 Current State: This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981 Drugs, Poisons and Controlled Substances Further Amendment Act 2014, No. 75/2014 Assent Date: 21.10.14 Commencement Date: Ss 4–24 on 30.10.14: Special Gazette (No. 400) 29.10.14 p. 1 Current State: This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981 Justice Legislation Amendment (Confiscation and Other Matters) Act 2014, No. 79/2014 Assent Date: 21.10.14 Commencement Date: S. 62 on 1.11.14: s. 2(4) Current State: This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981 Drugs, Poisons and Controlled Substances Amendment Act 2016, No. 2/2016