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PARLIAMENT OF VICTORIA
Drugs, Poisons and Controlled Substances
(Amendment) Act 2006
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purposes 1
2. Commencement 2
3. Principal Act 3
4. Definitions 3
5. New Division 13A inserted in Part II of the Principal Act 4
Division 13A--Authorised Police Employees 4
44A. Chief Commissioner may authorise person to carry out
functions of authorised police employee 4
44B. Powers, duties and functions of authorised police
employee 5
6. Immunity 5
7. Part V heading amended 5
8. Definitions 6
9. Possession of substance, material, documents or equipment for
trafficking in a drug of dependence 12
10. Supply of drug of dependence 13
11. New section 71C inserted 13
71C. Possession of tablet press 13
12. New section 71D inserted 13
71D. Possession of precursor chemicals 13
13. Forfeiture of drug of dependence or substance before
conviction--definition amended 14
14. New sections 91 to 96 inserted 14
91. Destruction of drugs of dependence--health and safety
interests 14
92. Delegated police officers 17
93. Certificate and report to be provided to Chief
Commissioner of Police 17
94. Request for copies 18
95. Director, Police Integrity to inspect and report 19
96. Annual reports 19
15. Regulation making power 20
16. New section 140 inserted 20
140. Transitional provisions--Drugs, Poisons and
Controlled Substances (Amendment) Act 2006 20
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Clause Page
17. Schedule Ten amended 23
18. Part 1 of Schedule Eleven amended 26
19. Part 2 of Schedule Eleven amended 26
20. Part 3 of Schedule Eleven substituted 27
ENDNOTES 30
ii
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PARLIAMENT OF VICTORIA
A BILL
to amend the Drugs, Poisons and Controlled Substances Act 1981
in relation to definitions and offences, including new offences, in
Part V of that Act, the scheduling of drugs in Schedule Eleven to that
Act, search warrants, the disposal or destruction of drugs of
dependence and other things in certain circumstances and to provide
for authorised police employees to perform specified functions under
the Act and for other purposes.
Drugs, Poisons and Controlled
Substances (Amendment) Act 2006
The Parliament of Victoria enacts as follows:
1. Purposes
The main purposes of this Act are to amend the
Drugs, Poisons and Controlled Substances Act
1981 in relation to--
1
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s. 2
Act No.
(a) definitions and offences, including new
offences, in Part V of the Act; and
(b) the scheduling of drugs in Schedule Eleven
to the Act; and
(c) search warrants and the destruction or
5
disposal of drugs of dependence and other
things in certain circumstances; and
(d) the authorisation of persons as authorised
police employees to perform specified
functions under the Act.
10
2. Commencement
(1) Subject to sub-sections (2), (3) and (4), this Act
(other than sections 9(2), 12 and 15) comes into
operation on a day or days to be proclaimed.
(2) Sections 9(2), 12 and 15 come into operation on a
15
day to be proclaimed.
(3) If this Act (other than sections 9(2), 12 and 15)
does not come into operation before 1 May 2007,
it comes into operation on that day.
(4) If sections 9(2), 12 and 15 do not come into
20
operation before 1 October 2007, those sections
come into operation on that day.
2
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3. Principal Act
See:
In this Act, the Drugs, Poisons and Controlled Act No.
Substances Act 1981 is called the Principal Act. 9719.
Reprint No. 7
as at 1 July
2004 and
amending
Act Nos
55/2003,
16/2004,
74/2004,
80/2004,
87/2004,
108/2004,
93/2005,
97/2005,
17/2006 and
18/2006.
LawToday:
www.dms.
dpc.vic.
gov.au
4. Definitions
In section 4(1) of the Principal Act insert the
5
following definitions--
' "authorised police employee" means--
(a) a person authorised under section 44A;
or
(b) a person who is a member of a class of
10
person authorised under section 44A;
"certificate of health and safety destruction or
disposal" means a certificate given by an
analyst or a botanist under section 91(1)(c);
"delegated police officer" means--
15
(a) a person to whom a function under
section 91 has been delegated under
section 92; or
(b) a person who is a member of a class to
which a function under section 91 has
20
been delegated under section 92;'.
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5. New Division 13A inserted in Part II of the Principal
Act
After Division 13 of Part II of the Principal Act
insert--
"Division 13A--Authorised Police Employees
5
44A. Chief Commissioner may authorise
person to carry out functions of
authorised police employee
(1) For the purposes of this Act, the Chief
Commissioner of Police may in writing
10
authorise, either generally or in a particular
case, a person or a class of person employed
under Part 3 of the Public Administration
Act 2004 in the office of the Chief
Commissioner of Police to perform the
15
powers, duties and functions of an authorised
police employee under this Division.
(2) An authority under sub-section (1)--
(a) may be expressed to be in force for a
period specified in the authority;
20
(b) may be expressed to be in force for an
indefinite period;
(c) may apply generally or in a particular
case.
(3) The Chief Commissioner of Police may in
25
writing revoke or vary an authority under
sub-section (1).
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44B. Powers, duties and functions of authorised
police employee
For the purpose of assisting an authorized
officer in the performance of the authorized
officer's powers, duties and functions under
5
this Act or the regulations, an authorised
police employee may do all or any of the
following in relation to any Schedule 9
poison, Schedule 8 poison or Schedule 4
poison or any drug of dependence--
10
(a) receive, handle or store the poison or
drug;
(b) transfer, transport or deliver the poison
or drug;
(c) examine or analyse the poison or drug;
15
(d) destroy the poison or drug.".
6. Immunity
(1) Insert the following heading to section 50 of the
Principal Act--
"Immunity of authorized officers and
20
authorised police employees".
(2) In section 50 of the Principal Act--
(a) after "authorized officer" insert
"or authorised police employee";
(b) for "him" (where twice occurring) substitute
25
"him or her".
7. Part V heading amended
In the heading to Part V of the Principal Act, after
"DEPENDENCE" insert "AND RELATED
MATTERS".
30
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8. Definitions
(1) In section 70(1) of the Principal Act, in the
definition of "aggregated commercial quantity"
for paragraph (a)(ii) substitute--
"(ii) in relation to a drug of dependence the name
5
of which is specified in column 1 of Part 3 of
Schedule Eleven--
(A) if that drug of dependence is contained
in or mixed with another substance and
the quantity of that mixture of drug of
10
dependence and other substance is not
less than the quantity specified in
column 2A of that Part of that Schedule
opposite to the name of that drug of
dependence, means any amount of that
15
drug of dependence; or
(B) in any other case, means the quantity
that is specified in column 2 of that Part
of that Schedule opposite to the name
of that drug of dependence; and".
20
(2) In section 70(1) of the Principal Act, in Example 1
at the foot of the definition of "aggregated
commercial quantity"--
(a) for "200 grams of amphetamine" substitute
"80 grams of amphetamine";
25
(b) for "250 grams" (where secondly occurring)
substitute "100 grams";
(c) for "200/250 (amphetamine)" substitute
"80/100 (amphetamine)".
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(3) In section 70(1) of the Principal Act--
(a) in Example 1 at the foot of the definition of
"aggregated commercial quantity"--
(i) for "Example 1" substitute--
5 "Example 1
Drug of dependence not contained in or
mixed with other substance";
(ii) for "Jack would not be guilty of
trafficking in a commercial quantity of
each of those individual drugs of
10
dependence" substitute "each of these
quantities is not individually a
commercial quantity for trafficking";
(iii) for "Jack is therefore in possession of"
substitute "This is";
15
(b) in Example 2 at the foot of the definition of
"aggregated commercial quantity"--
(i) for "Example 2" substitute--
"Example 2
20 Drug of dependence not contained in or
mixed with other substance";
(ii) for "Jill would not be guilty of
trafficking in a commercial quantity of
each of those individual drugs of
dependence" substitute "each of these
25
quantities is not individually a
commercial quantity for trafficking";
(iii) for "Jill is therefore in possession of"
substitute "This is";
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(c) after the examples at the foot of the
definition of "aggregated commercial
quantity" insert--
"Example 3
5 Drug of dependence contained in or mixed with
other substance
Fred is in possession of 400 grams of a substance
containing 240 grams of heroin, 400 grams of a
substance containing 200 grams of amphetamine and
10 8 kilograms of a substance containing 900 grams of
tetrahydracannabinol. The individual commercial
quantities for a mixture of one of these drugs and
another substance (as set out in column 2A of Part 3
of Schedule Eleven), comprise 500 grams for heroin,
15 500 grams for amphetamine, and 10 kilograms for
tetrahydracannabinol, so each of these quantities is
not individually a commercial quantity for trafficking.
To aggregate the individual quantities, determine the
quantities involved as fractions of the specified
commercial quantities 400/500 (quantity of mixture of
20
substance and heroin), 400/500 (quantity of mixture of
substance and amphetamine), 800/1000 (quantity of
mixture of substance and tetrahydrocannabinol)
i.e. 4/5 plus 4/5 plus 4/5. The total of these fractions is
12
25 /5 or 24 which is a number greater than 1. This is a
quantity which is not less than an aggregated
commercial quantity of 2 or more drugs of
dependence.".
(4) In section 70(1) of the Principal Act, for the note
at the foot of the definition of "aggregated
30
commercial quantity" substitute--
"Note: For narcotic plants, quantities are to be calculated on
the quantity specified for a drug of dependence in
column 2 of Part 2 of Schedule Eleven.
35 Quantities of drugs of dependence contained in or
mixed with another substance are to be calculated on
the quantities specified in column 2A of Part 3 of
Schedule Eleven.
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In the case of a drug of dependence specified in
column 1 of Part 3 of Schedule Eleven, quantities are
to be calculated either on the quantity specified for
the drug of dependence in column 2 of Part 3 of
5 Schedule Eleven (if that drug is not contained in or
mixed with another substance) or on the quantity
specified for the drug of dependence in column 2A of
Part 3 of Schedule Eleven (if that drug is contained in
or mixed with another substance). If a quantity is
10 calculated on a quantity specified in column 2 of
Part 3 of Schedule Eleven in respect of a drug of
dependence, any other substance contained in or
mixed with that drug of dependence is not to be
included in the calculation.".
(5) In section 70(1) of the Principal Act, in the
15
definition of "aggregated large commercial
quantity" for paragraph (a)(ii) substitute--
"(ii) in relation to a drug of dependence the name
of which is specified in column 1 of Part 3 of
Schedule Eleven--
20
(A) 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
25
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
(B) in any other case, means the quantity
30
that is specified in column 1A of that
Part of that Schedule opposite to the
name of that drug of dependence; and".
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(6) In section 70(1) of the Principal Act, at the foot of
the definition of "aggregated large commercial
quantity" insert--
"Examples
5 Example 1
Drug of dependence contained in or mixed with other
substance
Bill is in possession of 800 grams of a substance containing
250 grams of amphetamine, 600 grams of a substance
10 containing 200 grams of heroin, 800 grams of a substance
containing 100 grams of methylamphetamine.
The individual large commercial quantities for a mixture of
one of these drugs and another substance (as set out in
column 1B of Part 3 of Schedule Eleven), comprise
15 1 kilogram for amphetamine, 1 kilogram for heroin and
1 kilogram for methylamphetamine so each of these
quantities is not individually a large commercial quantity for
trafficking.
To aggregate the individual quantities, determine the
20 quantities involved as fractions of the specified large
commercial quantities 800/1000 (quantity of mixture of
substance and amphetamine), 600/1000 (quantity of mixture of
substances and heroin), 800/1000 (quantity of mixture of
substance and methylamphetamine), i.e. 4/5 plus 3/5 plus 4/5.
The total of these fractions is 11/5 or 22 which is a number
25
greater than 1. This is a quantity which is not less than an
aggregated large commercial quantity of 2 or more drugs of
dependence.
Example 2
30 Drug of dependence not contained in or mixed with
other substance
Fredrica is in possession of 150 grams of heroin, 300 grams
of amphetamine, and 450 grams of cocaine. The individual
large commercial quantities for each of those drugs (as set
35 out in Column 1A of Part 3 of Schedule Eleven), comprise
750 grams for heroin, 750 grams for amphetamine and
750 grams for cocaine so each of these quantities is not
individually a large commercial quantity for trafficking.
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To aggregate the individual quantities, determine the
quantities involved as fractions of the specified large
commercial quantities 150/750 (heroin), 300/750 (amphetamine),
450
/750 (cocaine), i.e. 1/5 plus 2/5 plus 3/5. The total of these
fractions is 6/5 or 12 which is a number greater than 1.
5
This is a quantity which is not less than an aggregated large
commercial quantity of 2 or more drugs of dependence.".
(7) In section 70(1) of the Principal Act, for the note
at the foot of the definition of "aggregated large
commercial quantity" substitute--
10
"Note: For narcotic plants, quantities are to be calculated on
the quantity specified for a drug of dependence in
column 1A of Part 2 of Schedule Eleven.
Quantities of drugs of dependence contained in or
15 mixed with another substance are to be calculated on
the quantities specified in column 1B of Part 3 of
Schedule Eleven.
In the case of a drug of dependence specified in
column 1 of Part 3 of Schedule Eleven, quantities are
20 to be calculated either on the quantity specified for
the drug of dependence in column 1A of Part 3 of
Schedule Eleven (if that drug is not contained in or
mixed with another substance) or on the quantity
specified for the drug of dependence in column 1B of
25 Part 3 of Schedule Eleven (if that drug is contained in
or mixed with another substance). If a quantity is
calculated on a quantity specified in column 1A of
Part 3 of Schedule Eleven in respect of a drug of
dependence, any other substance contained in or
30 mixed with that drug of dependence is not to be
included in the calculation.".
(8) In section 70(1) of the Principal Act, in the
definition of "cultivate"--
(a) in paragraph (b), for "plant;" substitute
"plant; or";
35
(b) after paragraph (b) insert--
"(c) graft, divide or transplant a narcotic
plant;".
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(9) In section 70(1) of the Principal Act, in the
definition of "narcotic plant", after "Eleven"
insert "and includes a cutting of such a plant,
whether or not the cutting has roots".
(10) In section 70(1) of the Principal Act, in the
5
definition of "traffickable quantity", for
paragraph (c) substitute--
"(c) the name of which is specified in column 1
of Part 3 of Schedule Eleven--
(i) if that drug of dependence is contained
10
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 3 of that Part of that Schedule
15
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 3A of that
20
Part of that Schedule opposite to the
name of that drug of dependence;".
9. Possession of substance, material, documents or
equipment for trafficking in a drug of dependence
(1) At the end of section 71A of the Principal Act
25
insert--
"(2) Nothing in this section is limited by
section 71C.".
(2) After section 71A(2) of the Principal Act insert--
"(3) Nothing in this section is limited by
30
section 71D.".
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10. Supply of drug of dependence
In section 71B(1)(a) of the Principal Act, for
"child" (where thirdly occurring) substitute
"person, whether a child or adult".
11. New section 71C inserted
5
After section 71B of the Principal Act insert--
"71C. Possession of tablet press
A person who, without being authorized by
or licensed under this Act or the regulations
(if any) to do so or otherwise without a
10
lawful excuse, possesses a tablet press is
guilty of an indictable offence and liable to a
penalty of not more than 600 penalty units or
level 6 imprisonment (5 years maximum) or
both.".
15
12. New section 71D inserted
Before section 72 of the Principal Act insert--
"71D. Possession of precursor chemicals
A person who, without being authorized by
or licensed under this Act or the regulations
20
(if any) to do so or otherwise without a
lawful excuse, possesses a prescribed
precursor chemical in a quantity that is not
less the prescribed quantity applicable to that
precursor chemical is guilty of an indictable
25
offence and liable to a penalty of not more
than 600 penalty units or level 6
imprisonment (5 years maximum) or both.".
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13. Forfeiture of drug of dependence or substance
before conviction--definition amended
In section 83(3) of the Principal Act--
(a) in paragraph (b), for "plant." substitute
"plant; and";
5
(b) after paragraph (b) insert--
"(c) the grafting, dividing or transplanting
of a narcotic plant.".
14. New sections 91 to 96 inserted
After section 90 of the Principal Act insert--
10
"91. Destruction of drugs of dependence--
health and safety interests
(1) Without limiting this Part, if a member of the
police force carrying out a function under
this Act or any other Act or law--
15
(a) enters--
(i) any public land for the purposes of
searching that land or premises on
that land or any vehicle, boat,
vessel or aircraft on that land or
20
on those premises; or
(ii) any land or premises other than
public land or premises on public
land with the written or oral
permission of either the owner or
25
occupier of that land or those
premises for the purposes of
searching that land or premises or
any vehicle, boat, vessel or
aircraft on that land or on those
30
premises; and
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(b) finds on that land or those premises--
(i) a drug of dependence or a
substance that contains a drug of
dependence; or
(ii) a poison or controlled substance;
5
or
(iii) an instrument, device or substance
that is or has been used or is
capable of being used for or in the
cultivation, manufacture, sale or
10
use or in the preparation for
cultivation, manufacture, sale or
use of a drug of dependence; and
(c) an analyst or botanist within the
meaning of section 120 certifies in
15
writing to the member of the police
force that destruction or disposal of the
thing is required in the interests of
health or safety--
the drug of dependence, poison, controlled
20
substance, instrument, device or substance,
as the case requires, may be destroyed or
disposed of in accordance with this section.
(2) For the purposes of this section, the Chief
Commissioner of Police or a delegated
25
police officer may authorise the destruction
or disposal of, or cause to be destroyed or
disposed of, a thing referred to in sub-section
(1)(b) after causing to be taken, where
practicable, any samples of it as are required
30
for the purposes of this Act.
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(3) A thing referred to in sub-section (1)(b)--
(a) may be disposed of or destroyed on the
land or premises on which the thing
was found, if practicable; or
(b) if it is not practicable to comply with
5
paragraph (a), may be seized and
carried away for disposal or destruction
at another place.
(4) If a sample of a thing referred to in sub-
section (1)(b) taken in accordance with sub-
10
section (2) is sufficient to enable an analysis
or examination to be made both in the
investigation of an offence against a
provision of Part V and on behalf of a person
charged with that offence, on request by that
15
person or that person's legal representative, a
part of the sample taken sufficient for
analysis or examination must be delivered to
an analyst or botanist within the meaning of
section 120 nominated by that person or that
20
person's legal representative.
(5) Without limiting any other power under this
Act, the Chief Commissioner of Police or a
delegated police officer may authorise the
disposal or destruction of, or cause to be
25
destroyed or disposed of, any sample of a
thing referred to in sub-section (1)(b) taken
in accordance with this section where that
sample of that thing is no longer required for
the purpose of any subsequent proceedings.
30
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92. Delegated police officers
(1) The Chief Commissioner of Police may
delegate, either generally or in a particular
case, the function under section 91 of
disposing of or destroying a thing referred to
5
in section 91(1)(b) to--
(a) a member of the police force of or
above the rank of superintendent; or
(b) a class of member of the police force of
or above the rank of superintendent.
10
(2) A delegation under sub-section (1) must be
in writing.
93. Certificate and report to be provided to
Chief Commissioner of Police
(1) If a delegated police officer destroys or
15
disposes of a thing referred to in section
91(1)(b) in accordance with section 91(2),
the officer must, as soon as practicable after
doing so, provide the Chief Commissioner of
Police with--
20
(a) a copy of the certificate of health and
safety destruction or disposal; and
(b) a written report containing the details
required by sub-section (3).
(2) If the Chief Commissioner of Police destroys
25
or disposes of a thing referred to in section
91(1)(b) in accordance with section 91(2),
the Chief Commissioner of Police must, as
soon as practicable after doing so, ensure
that a copy of the certificate of health and
30
safety destruction or disposal and a written
report containing the details required by sub-
section (3) are made and retained.
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(3) A written report under sub-section (1) or (2)
must contain the following--
(a) details of the samples that were taken;
and
(b) details of the things that were seized,
5
destroyed or disposed of; and
(c) details of the circumstances
surrounding the seizure, destruction and
disposal.
(4) The Chief Commissioner of Police must
10
keep a copy, or cause a copy to be kept, of
each certificate of health and safety
destruction or disposal and each report
provided to the Chief Commissioner of
Police in accordance with sub-section (1) or
15
made and retained under sub-section (2).
94. Request for copies
(1) The following persons may request in
writing a copy of a report or a certificate of
health and safety destruction or disposal kept
20
by the Chief Commissioner of Police under
section 93--
(a) the owner or occupier of land or
premises referred to in section
91(1)(a)(ii) at the time when anything
25
referred to in section 91(1)(b) was
seized, disposed of or destroyed in
accordance with section 91 or that
person's legal representative;
(b) the owner of any vehicle, boat, vessel
30
or aircraft on land or premises referred
to in paragraph (a) at the time when any
thing referred to in section 91(1)(b) was
seized, disposed of or destroyed in
accordance with section 91 or that
35
person's legal representative;
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(c) a person charged with an offence
against a provision of Part V in respect
of anything referred to in section
91(1)(b) which was seized, disposed of
or destroyed in accordance with
5
section 91 or that person's legal
representative.
(2) The Chief Commissioner of Police must, as
soon as practicable after a request under sub-
section (1), cause that person to be provided
10
with a copy of the report or the certificate of
health and safety destruction or disposal
requested.
95. Director, Police Integrity to inspect and
report
15
(1) The Director, Police Integrity within the
meaning of the Police Regulation Act 1958
must, at least once each financial year,
inspect the certificates of health and safety
destruction or disposal and reports held by
20
the Chief Commissioner of Police under
section 93 for the purpose of reporting on the
operation of that section.
(2) The Director, Police Integrity within the
meaning of the Police Regulation Act 1958
25
must report the results of an inspection under
sub-section (1) to the Minister for Police and
Emergency Services.
96. Annual reports
(1) As soon as practicable after the end of each
30
calendar year, the Chief Commissioner of
Police must submit a report to the Minister
for Police and Emergency Services that
includes the following information--
19
551414B.I1-31/5/2006 BILL LA INTRODUCTION 31/5/2006
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2006
s. 15
Act No.
(a) the number of certificates of health and
safety destruction or disposal which are
provided to the Chief Commissioner of
Police under section 93; and
(b) any other information relating to the
5
seizure, disposal and destruction of
things referred to in section 91(1)(b)
that the Minister considers appropriate.
(2) The Minister for Police and Emergency
Services must cause a report under sub-
10
section (1) to be laid before each House of
the Parliament within 12 sitting days of that
House after it is received by the Minister.".
15. Regulation making power
After section 132(zca) of the Principal Act
15
insert--
"(zcb) for the purposes of Part V, prescribing
precursor chemicals and the prescribed
quantity of any precursor chemical,
including different quantities for different
20
chemicals;".
16. New section 140 inserted
After section 139 of the Principal Act insert--
'140. Transitional provisions--Drugs, Poisons
and Controlled Substances (Amendment)
25
Act 2006
(1) The amendments made to the definitions of
"aggregated commercial quantity",
"aggregated large commercial quantity",
"cultivate", "narcotic plant" and "traffickable
30
quantity" by section 8 of the Drugs, Poisons
and Controlled Substances (Amendment)
Act 2006 apply only to offences alleged to
have been committed after the
commencement of that section.
35
20
551414B.I1-31/5/2006 BILL LA INTRODUCTION 31/5/2006
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2006
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Act No.
(2) For the purpose of sub-section (1), if an
offence is alleged to have been committed
between two dates, one before and one on or
after the commencement of section 8 of the
Drugs, Poisons and Controlled Substances
5
(Amendment) Act 2006, the offence is
alleged to have been committed before that
commencement.
(3) The amendments made to section 71B of this
Act by section 10 of the Drugs, Poisons and
10
Controlled Substances (Amendment) Act
2006 apply only to offences alleged to have
been committed after the commencement of
section 10 of that Act.
(4) For the purpose of sub-section (3), if an
15
offence is alleged to have been committed
between two dates, one before and one on or
after the commencement of section 10 of the
Drugs, Poisons and Controlled Substances
(Amendment) Act 2006, the offence is
20
alleged to have been committed before that
commencement.
(5) The amendments made to section 83(3) by
section 13 of the Drugs, Poisons and
Controlled Substances (Amendment) Act
25
2006 apply only to offences alleged to have
been committed after the commencement of
section 13 of that Act.
(6) For the purpose of sub-section (5), if an
offence is alleged to have been committed
30
between two dates, one before and one on or
after the commencement of section 13 of the
Drugs, Poisons and Controlled Substances
(Amendment) Act 2006, the offence is
alleged to have been committed before that
35
commencement.
21
551414B.I1-31/5/2006 BILL LA INTRODUCTION 31/5/2006
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2006
s. 16
Act No.
(7) The amendments made to Part 1 of Schedule
Eleven by section 18 of the Drugs, Poisons
and Controlled Substances (Amendment)
Act 2006 apply only to offences alleged to
have been committed after the
5
commencement of that section.
(8) For the purpose of sub-section (7), if an
offence is alleged to have been committed
between two dates, one before and one on or
after the commencement of section 18 of the
10
Drugs, Poisons and Controlled Substances
(Amendment) Act 2006, the offence is
alleged to have been committed before that
commencement.
(9) The amendments made to Part 2 of Schedule
15
Eleven by section 19 of the Drugs, Poisons
and Controlled Substances (Amendment)
Act 2006 apply only to offences alleged to
have been committed after the
commencement of that section.
20
(10) For the purpose of sub-section (9), if an
offence is alleged to have been committed
between two dates, one before and one on or
after the commencement of section 19 of the
Drugs, Poisons and Controlled Substances
25
(Amendment) Act 2006, the offence is
alleged to have been committed before that
commencement.
(11) The amendments made to Part 3 of Schedule
Eleven by section 20 of the Drugs, Poisons
30
and Controlled Substances (Amendment)
Act 2006 apply only to offences alleged to
have been committed after the
commencement of that section.
22
551414B.I1-31/5/2006 BILL LA INTRODUCTION 31/5/2006
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2006
s. 17
Act No.
(12) For the purpose of sub-section (11), if an
offence is alleged to have been committed
between two dates, one before and one on or
after the commencement of section 20 of the
Drugs, Poisons and Controlled Substances
5
(Amendment) Act 2006, the offence is
alleged to have been committed before that
commencement.
(13) A search warrant issued in or to the effect of
the form in Schedule Ten, as in force
10
immediately before the commencement of
section 17 of the Drugs, Poisons and
Controlled Substances (Amendment) Act
2006 and not executed (whether wholly or in
part) before the commencement of that
15
section, on and from that commencement
may be executed according to its terms
despite not being in the form of Schedule
Ten as amended by section 17 of the Drugs,
Poisons and Controlled Substances
20
(Amendment) Act 2006.'.
17. Schedule Ten amended
(1) In Schedule Ten to the Principal Act--
(a) for "is intended to be used for the purpose of
committing" substitute "will afford evidence
25
of the commission of";
(b) omit "to authorize and require you";
(c) for "to hold" substitute "to direct you to
hold".
(2) In Schedule Ten to the Principal Act, for the
30
words and expressions beginning "*(1) to enter
and search" and ending "according to law."
substitute--
23
551414B.I1-31/5/2006 BILL LA INTRODUCTION 31/5/2006
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s. 17
Act No.
"*(1) to authorize you to enter and search the said
*land or *premises for such *things or
*documents and, if any such *things or
*documents be found, to seize and carry
them before the Magistrates' Court so that
5
the matter may be dealt with according to
law or to destroy or dispose of them in
accordance with section 81 of the Drugs,
Poisons and Controlled Substances Act
1981.".
10
(3) In Schedule Ten to the Principal Act, after
"*Strike out whichever is not applicable" insert--
"Note: Under section 81(3) of the Drugs, Poisons and
Controlled Substances Act 1981, a member of the
15 police force to whom a warrant under section 81(1)
of that Act is addressed may, at any time or times by
day or night but within one month from the date of
the warrant and with such assistance as may be
necessary--
20 (a) enter, if need be by force, the land or premises
named in the warrant; and
(b) arrest all persons on or in that land or those
premises who are found offending against a
provision of that Act or the regulations made
25 under that Act; and
(c) search the land or premises or any vehicle,
boat or aircraft or any person found on or in
that land or those premises or in any vehicle,
boat or aircraft thereon or therein; and
30 (d) seize and carry away or, unless a direction
under section 81(1A) of that Act applies, deal
with as mentioned in paragraph (e)--
(i) any thing in respect of which an offence
under that Act or the regulations made
35 under that Act has been or is reasonably
suspected to have been committed; and
24
551414B.I1-31/5/2006 BILL LA INTRODUCTION 31/5/2006
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2006
s. 17
Act No.
(ii) any thing which there is reasonable
ground to believe will afford evidence of
the commission of an offence under that
Act or the regulations made under that
5 Act; and
(iii) any document directly or indirectly
relating to or concerning a transaction or
dealing which is or would be, if carried
out, an offence against that Act or the
10 regulations made under that Act or under
a provision of a law in force in a place
outside Victoria corresponding to a
provision of Part V of that Act; and
(e) if--
15 (i) the thing is--
(A) a drug of dependence or a
substance that contains a drug of
dependence; or
(B) a poison or controlled substance;
20 or
(C) an instrument, device or substance
that is or has been used or is
capable of being used for or in the
cultivation, manufacture, sale or
25 use or in the preparation for
cultivation, manufacture, sale or
use of a drug of dependence; and
(ii) an analyst or botanist within the
meaning of section 120 of that Act
30 certifies in writing to the member of the
police force executing the warrant that
destruction or disposal of the thing is
required in the interests of health or
safety--
35 destroy or dispose of the thing after taking,
where practicable, any samples of it as are
required for the purposes of that Act.".
25
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2006
s. 18
Act No.
18. Part 1 of Schedule Eleven amended
In Part 1 of Schedule Eleven to the Principal Act
the items relating to--
(a) "2-(2-CHLOROPHENYL)-2-
(METHYLAMINO) CYCLOHEXANONE
5
(KETAMINE)"; and
(b) "EPHEDRINE (when in excess of
20 grams)"; and
(c) "HARMINE"; and
(d) "HARMALINE"; and
10
(e) "PHENYL-2-PROPANONE"; and
(f) "PSEUDOEPHEDRINE (when in excess of
200 grams)"--
are repealed.
19. Part 2 of Schedule Eleven amended
15
(1) In Part 2 of Schedule Eleven to the Principal Act,
after "Papaver somniferum L." insert ", other than
its seed".
(2) In Part 2 of Schedule Eleven to the Principal
Act--
20
(a) in the item relating to "Papaver bracteatum
Lindley"--
(i) in Column 1A insert "1000 plants";
(ii) in Column 2, after "100 kg" insert
"or 250 plants";
25
(iii) in Column 3, after "1000 g" insert
"or 50 plants";
(iv) in Column 4 insert "5 plants";
26
551414B.I1-31/5/2006 BILL LA INTRODUCTION 31/5/2006
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2006
s. 20
Act No.
(b) in the item relating to "Papaver somniferum
L."--
(i) in Column 1A insert "1000 plants";
(ii) in Column 2, after "100 kg" insert
"or 250 plants";
5
(iii) in Column 3, after "1000 g" insert
"or 50 plants";
(iv) in Column 4 insert "5 plants".
20. Part 3 of Schedule Eleven substituted
For Part 3 of Schedule Eleven to the Principal Act
10
substitute--
"PART 3
Column 1 Column 1A Column 1B Column 2 Column 2A Column 2B Column 3 Column 3A Column 4
(Large (Large (Commercial (Commercial (Automatic (Traffickable (Traffickable (Small
Commercial Commercial Quantity) Quantity) Forfeiture Quantity) Quantity) Quantity)
Quantity) Quantity) Quantity)
Drug Quantity Quantity of Quantity Quantity of Quantity Quantity of Quantity Quantity
mixture of mixture of mixture of
substance substance substance
and drug of and drug of and drug of
dependence dependence dependence
AMPHETAMINE 30`0 g
7500 g 10 kg 1000 g 5000 g 30 g 075 g
BUPRENORPHINE 2·0g
COCAINE 7500 g 10 kg 2500 g 5000 g 300 g 30 g 10 g
DIACETYLMORPHINE (Heroin) 7500 g 10 kg 2500 g 5000 g 300 g 30 g 10 g
EPHEDRINE (when in excess of 7500 g 1000 g 200 g
100 g)
HARMALINE 125 kg 200 g
HARMINE 125 kg 200 g
HARMINES (not included 125 kg 200 g
elsewhere in this Part)
KETAMINE 10 kg 5000 g 30 g
LYSERGIC ACID 150 mg 20 mg
1500 mg 500 mg 15 g
DIETHYLAMIDE
METHYLAMPHETAMINE 7500 g 10 kg 1000 g 5000 g 300 g 30 g 075 g
METHYLENEDIOXY- 7500 g 10 kg 1000 g 5000 g 300 g 30 g 075 g
AMPHETAMINES
3,4-METHYLENEDIOXY- 7500 g 10 kg 1000 g 5000 g 300 g 30 g 075 g
AMPHETAMINE (MDA)
3,4-METHYLENEDIOXY-N- 7500 g 10 kg 1000 g 5000 g 300 g 30 g 075 g
METHYLAMPHETAMINE
(MDMA)
PHENYL-2-PROPANONE 10 kg 5000 g 30 g
PSEUDOEPHEDRINE (when in 7500 g 1000 g 200 g
excess of 100g)
27
551414B.I1-31/5/2006 BILL LA INTRODUCTION 31/5/2006
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s. 20
Act No.
Column 1 Column 1A Column 1B Column 2 Column 2A Column 2B Column 3 Column 3A Column 4
(Large (Large (Commercial (Commercial (Automatic (Traffickable (Traffickable (Small
Commercial Commercial Quantity) Quantity) Forfeiture Quantity) Quantity) Quantity)
Quantity) Quantity) Quantity)
Drug Quantity Quantity of Quantity Quantity of Quantity Quantity of Quantity Quantity
mixture of mixture of mixture of
substance substance substance
and drug of and drug of and drug of
dependence dependence dependence
TETRAHYDROCANNABINOL 30 kg 250 kg 10 kg 100 kg 6000 g 250 g 10 g
ANABOLIC AND 50 kg 50 kg 3000 g 5000 g 500 g
ANDROGENIC STEROIDAL
AGENTS, other than in implant
preparations for use in animals
ATAMESTANE 50 kg 50 kg 3000 g 5000 g 500 g
BOLANDIOL 50 kg 50 kg 3000 g 5000 g 500 g
BOLASTERONE 50 kg 50 kg 3000 g 5000 g 500 g
BOLAZINE 50 kg 50 kg 3000 g 5000 g 500 g
BOLDENONE 50 kg 50 kg 3000 g 5000 g 500 g
BOLENOL 50 kg 50 kg 3000 g 5000 g 500 g
CALUSTERONE 50 kg 50 kg 3000 g 5000 g 500 g
CHLORANDROSTENOLONE 50 kg 50 kg 3000 g 5000 g 500 g
CLOSTEBOL 50 kg 50 kg 3000 g 5000 g 500 g
DANAZOL 50 kg 50 kg 3000 g 5000 g 500 g
DIHYDROLONE 50 kg 50 kg 3000 g 5000 g 500 g
DIMETHANDROSTANOLONE 50 kg 50 kg 3000 g 5000 g 500 g
DROSTANOLONE 50 kg 50 kg 3000 g 5000 g 500 g
ENESTEBOL 50 kg 50 kg 3000 g 5000 g 500 g
EPITIOSTANOL 50 kg 50 kg 3000 g 5000 g 500 g
ETHYLDIENOLONE 50 kg 50 kg 3000 g 5000 g 500 g
ETHYLOESTRENOL 50 kg 50 kg 3000 g 5000 g 500 g
FLUOXYMESTERONE 50 kg 50 kg 3000 g 5000 g 500 g
FORMEBOLONE 50 kg 50 kg 3000 g 5000 g 500 g
FURAZABOL 50 kg 50 kg 3000 g 5000 g 500 g
HYDROXYSTENOZOL 50 kg 50 kg 3000 g 5000 g 500 g
MEBOLAZINE 50 kg 50 kg 3000 g 5000 g 500 g
MEPITIOSTANE 50 kg 50 kg 3000 g 5000 g 500 g
MESABOLONE 50 kg 50 kg 3000 g 5000 g 500 g
MESTANOLONE 50 kg 50 kg 3000 g 5000 g 500 g
MESTEROLONE 50 kg 50 kg 3000 g 5000 g 500 g
METHANDIENONE 50 kg 50 kg 3000 g 5000 g 500 g
METHANDRIOL 50 kg 50 kg 3000 g 5000 g 500 g
METHENOLONE 50 kg 50 kg 3000 g 5000 g 500 g
METHYLCLOSTEBOL 50 kg 50 kg 3000 g 5000 g 500 g
METHYLTESTOSTERONE 50 kg 50 kg 3000 g 5000 g 500 g
METHYLTRIENOLONE 50 kg 50 kg 3000 g 5000 g 500 g
METRIBOLONE 50 kg 50 kg 3000 g 5000 g 500 g
MIBOLERONE 50 kg 50 kg 3000 g 5000 g 500 g
NANDROLONE 50 kg 50 kg 3000 g 5000 g 500 g
NORANDROSTENOLONE 50 kg 50 kg 3000 g 5000 g 500 g
28
551414B.I1-31/5/2006 BILL LA INTRODUCTION 31/5/2006
Drugs, Poisons and Controlled Substances (Amendment) Act
2006
s. 20
Act No.
Column 1 Column 1A Column 1B Column 2 Column 2A Column 2B Column 3 Column 3A Column 4
(Large (Large (Commercial (Commercial (Automatic (Traffickable (Traffickable (Small
Commercial Commercial Quantity) Quantity) Forfeiture Quantity) Quantity) Quantity)
Quantity) Quantity) Quantity)
Drug Quantity Quantity of Quantity Quantity of Quantity Quantity of Quantity Quantity
mixture of mixture of mixture of
substance substance substance
and drug of and drug of and drug of
dependence dependence dependence
NORBOLETHONE 50 kg 50 kg 3000 g 5000 g 500 g
NORCLOSTEBOL 50 kg 50 kg 3000 g 5000 g 500 g
NORETHANDROLONE 50 kg 50 kg 3000 g 5000 g 500 g
NORMETHANDRONE 50 kg 50 kg 3000 g 5000 g 500 g
OVANDROTONE 50 kg 50 kg 3000 g 5000 g 500 g
OXABOLONE 50 kg 50 kg 3000 g 5000 g 500 g
OXANDROLONE 50 kg 50 kg 3000 g 5000 g 500 g
OXYMESTERONE 50 kg 50 kg 3000 g 5000 g 500 g
OXYMETHOLONE 50 kg 50 kg 3000 g 5000 g 500 g
PRASTERONE 50 kg 50 kg 3000 g 5000 g 500 g
PROPETANDROL 50 kg 50 kg 3000 g 5000 g 500 g
QUINBOLONE 50 kg 50 kg 3000 g 5000 g 500 g
ROXIBOLONE 50 kg 50 kg 3000 g 5000 g 500 g
SILANDRONE 50 kg 50 kg 3000 g 5000 g 500 g
STANOLONE 50 kg 50 kg 3000 g 5000 g 500 g
STANOZOLOL 50 kg 50 kg 3000 g 5000 g 500 g
STENBOLONE 50 kg 50 kg 3000 g 5000 g 500 g
TESTOLACTONE 50 kg 50 kg 3000 g 5000 g 500 g
TESTOSTERONE, other than in 50 kg 50 kg 3000 g 5000 g 500 g
implant preparations for use in
animals
THIOMESTERONE 50 kg 50 kg 3000 g 5000 g 500 g
TRENBOLONE, other than in 50 kg 50 kg 3000 g 5000 g 500 g
implant preparations for use in
animals
TRESTOLONE 50 kg 50 kg 3000 g 5000 g 500 g
Note: kg = kilogram
g = gram
mg = milligram".
29
551414B.I1-31/5/2006 BILL LA INTRODUCTION 31/5/2006
Drugs, Poisons and Controlled Substances (Amendment) Act
2006
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
30
551414B.I1-31/5/2006 BILL LA INTRODUCTION 31/5/2006
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