Victorian Bills Victorian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Drugs, Poisons and Controlled Substances
(Amendment) Act 1998
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purposes 1
2. Commencement 2
3. Principal Act 2
4. Licence to sell or supply Schedule 7 poisons by retail no longer
required 2
5. Amendment of authorised person and offence provisions 3
6. Repeal of provisions relating to trade or proprietary medicines 4
7. Amendment of section 33--period for notification 4
8. Section 34 permit not required in certain circumstances 4
9. New section 35A inserted 4
35A. Chief General Manager may specify medical conditions 5
10. Statute law revision 5
NOTES 7
i
532040B.I1-25/3/98
PARLIAMENT OF VICTORIA
Initiated in Council 24 March 1998
A BILL
to amend the Drugs, Poisons and Controlled Substances Act 1981
in relation to various matters of licensing, permits, sale and supply and
notification and for other purposes.
Drugs, Poisons and Controlled
Substances (Amendment) Act 1998
The Parliament of Victoria enacts as follows:
1. Purposes
The main purposes of this Act are--
(a) to repeal section 31 of the Drugs, Poisons
and Controlled Substances Act 1981;
5 (b) to make the sale or supply of certain
Schedule 7 poisons by retail no longer
subject to the requirement to have a licence;
1
532040B.I1-25/3/98
Drugs, Poisons and Controlled Substances (Amendment) Act
1998
s. 2
Act No.
(c) to make provision in relation to the treatment
of certain patients by medical practitioners
with Schedule 8 poisons in certain
circumstances.
5 2. Commencement
(1) Section 1 and this section come into operation on
the day on which this Act receives the Royal
Assent.
(2) Subject to sub-section (3), the remaining
10 provisions of this Act come into operation on a
day or days to be proclaimed.
(3) If a provision referred to in sub-section (2) does
not come into operation before 1 July 1999, it
comes into operation on that day.
15 3. Principal Act
Act No. 9719. In this Act, the Drugs, Poisons and Controlled
Reprint No. 4
Substances Act 1981 is called the Principal Act.
as at 5 May
1997. Further
amended by
Nos 56/1996,
48/1997,
54/1997,
58/1997 and
108/1997.
4. Licence to sell or supply Schedule 7 poisons by retail
no longer required
20 (1) In section 20(1) of the Principal Act--
(a) for paragraph (f) substitute--
"(f) sell or supply by retail any Schedule 2
poison;";
(b) paragraph (g) is repealed.
25 (2) In section 20 of the Principal Act, sub-section (2)
is repealed.
2
532040B.I1-25/3/98
Drugs, Poisons and Controlled Substances (Amendment) Act
1998
s. 5
Act No.
5. Amendment of authorised person and offence
provisions
(1) In section 13 of the Principal Act, in sub-section
(2), for "or a Schedule 6 poison" substitute ", a
5 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".
(2) In section 13 of the Principal Act, for sub-section
10 (4) substitute--
"(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
15 (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
20 by retail.".
(3) In section 26(1) of the Principal Act, for ", other
than a Schedule 5 poison or a Schedule 6 poison,"
substitute "(other than a Schedule 5 poison, a
Schedule 6 poison or a Schedule 7 poison that is
25 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)".
(4) In section 27 of the Principal Act, for "or a
Schedule 6 poison" substitute ", a Schedule 6
30 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".
3
532040B.I1-25/3/98
Drugs, Poisons and Controlled Substances (Amendment) Act
1998
s. 6
9
Act No.
6. Repeal of provisions relating to trade or proprietary
medicines
Division 9 of Part II of the Principal Act is
repealed.
5 7. Amendment of section 33--period for notification
In section 33 of the Principal Act--
(a) in sub-section (2), for "administer sell or
supply" substitute "administer, supply or
prescribe";
10 (b) in sub-section (3), for "that period of
8 weeks" substitute "8 weeks from the
commencement of that administration,
supply or prescription".
8. Section 34 permit not required in certain
15 circumstances
After section 35(2) of the Principal Act insert--
"(2A) Despite sub-section (2), a registered medical
practitioner is authorised to administer,
supply or prescribe a Schedule 8 poison to or
20 for a person, other than a drug-dependent
person, during a continuous period greater
than 8 weeks without a permit issued under
section 34(1) if--
(a) the administration, supply or
25 prescription of that Schedule 8 poison
is to treat that person for a medical
condition in the circumstances (if any)
specified by the Chief General Manager
in accordance with section 35A; and
30 (b) the registered medical practitioner has
given notice to the Chief General
Manager in accordance with section
33(2).".
9. New section 35A inserted
4
532040B.I1-25/3/98
Drugs, Poisons and Controlled Substances (Amendment) Act
1998
Act No.
After section 35 of the Principal Act insert--
"35A. Chief General Manager may specify
medical conditions
(1) The Chief General Manager, by notice
5 published in the Government Gazette, may
specify--
(a) any medical condition to be a medical
condition for the purposes of section
35(2A); and
10 (b) the circumstances (if any) applicable to
that medical condition for the purposes
of that section.
(2) The Chief General Manager, by notice
published in the Government Gazette--
15 (a) may amend a notice made under sub-
section (1) by--
(i) adding or removing a medical
condition or amending the name
of a medical condition; or
20 (ii) adding or removing the
circumstances which apply to a
medical condition or amending
the circumstances which apply to
a medical condition; or
25 (b) may revoke a notice made under sub-
section (1).".
10. Statute law revision
In the Principal Act--
(a) in section 4(1)--
30 (i) in the definition of "automatic
machine" for "employé" substitute
"employee";
5
532040B.I1-25/3/98
Drugs, Poisons and Controlled Substances (Amendment) Act
1998
s. 10
Act No.
(ii) in the definition of "drug of
dependence", in paragraph (e)(iii) omit
"any" (where first occurring);
(b) in section 12F(1), for "Subordinate
5 Legislation Act 1962" substitute
"Subordinate Legislation Act 1994".
6
532040B.I1-25/3/98
Drugs, Poisons and Controlled Substances (Amendment) Act
1998
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
7
532040B.I1-25/3/98
Drugs, Poisons and Controlled Substances (Amendment) Act
1998
Act No.
8
532040B.I1-25/3/98
[Index] [Search] [Download] [Related Items] [Help]