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
(Injecting Facilities Trial) Act 2000
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. New definitions 2
4. Provision of syringes not an offence 3
5. New sections 80A to 80D inserted 3
80A. Trial of injecting facilities 3
80B. Minister may enter agreements 4
80C. Matters to be included in agreements 4
80D. Tabling in and disallowance by Parliament 5
6. New sections 80E to 80M inserted 5
80E. Minister may recommend Order be made 5
80F. Governor in Council may make Order 6
80G. Amendment or revocation of Order 6
80H. Use or possession not an offence in certain
circumstances 7
80I. Operator or staff not guilty of aiding and abetting
offences 8
80J. Conspiring 9
80K. Effect of section 5 "possession" limited 9
80L. Exemption from criminal liability for persons engaged in
operation of facility 10
80M. Expiry of provisions 10
NOTES 11
i
541091B.I1-2/6/2000 BILL LA CIRCULATION 2/6/2000
PARLIAMENT OF VICTORIA
Initiated in Assembly 31 May 2000
A BILL
to amend the Drugs, Poisons and Controlled Substances Act 1981
to provide for the trial of injecting facilities for drugs of dependence
and for other purposes.
Drugs, Poisons and Controlled
Substances (Injecting Facilities Trial)
Act 2000
The Parliament of Victoria enacts as follows:
1. Purpose
The main purpose of this Act is to provide for the
trial of injecting facilities for drugs of dependence
in up to 5 municipal districts to enable the
5 evaluation of those facilities.
1
541091B.I1-2/6/2000 BILL LA CIRCULATION 2/6/2000
Drugs, Poisons and Controlled Substances (Injecting Facilities
Trial) Act 2000
s. 2
Act No.
2. Commencement
(1) Section 1, this section, section 3 and section 5 of
this Act come into operation on the day after the
day on which this Act receives the Royal Assent.
5 (2) Subject to sub-section (3), sections 4(1) and 6
come into operation on a day to be proclaimed.
(3) If sections 4(1) and 6 do not come into operation
before 1 September 2001, they come into
operation on that day.
10 (4) Section 4(2) comes into operation on the day after
the day on which section 80M of the Drugs,
Poisons and Controlled Substances Act 1981
expires.
3. New definitions
No. 9719.
15 In section 70(1) of the Drugs, Poisons and
Reprint No. 5
as at Controlled Substances Act 1981 insert the
31 December
following definitions--
1998. Further
amended by
' "approved injecting facility" means premises
Nos 12/1999,
26/1999 and approved under section 80F for the purpose
18/2000 and
20 of the trial of facilities for injecting a drug of
SR No.
107/1999. dependence;
"Council" has the same meaning as it has in the
Local Government Act 1989;
"member of staff", in relation to an approved
25 injecting facility, means a person employed
by an operator of, or engaged in the
operation of, the approved injecting facility
and includes a volunteer;
"municipal district" has the same meaning as it
30 has in the Local Government Act 1989;
2
541091B.I1-2/6/2000 BILL LA CIRCULATION 2/6/2000
Drugs, Poisons and Controlled Substances (Injecting Facilities
Trial) Act 2000
s. 4
Act No.
"operator", in relation to an approved injecting
facility, means a person approved to be an
operator of the approved injecting facility
under section 80F;
5 "trial period" means the period from the date of
commencement of section 6 of the Drugs,
Poisons and Controlled Substances
(Injecting Facilities Trial) Act 2000 to the
date of the expiry of section 80M of this
10 Act;'.
4. Provision of syringes not an offence
(1) In section 80(5) of the Drugs, Poisons and
Controlled Substances Act 1981, after
paragraph (a) insert--
15 "(ab) if the person is an operator of an approved
injecting facility or a member of staff in an
approved injecting facility and the sale or
supply is made in the course of the operation
of that facility; or".
20 (2) In section 80(5) of the Drugs, Poisons and
Controlled Substances Act 1981, paragraph (ab)
is repealed.
5. New sections 80A to 80D inserted
In Part V of the Drugs, Poisons and Controlled
25 Substances Act 1981, after section 80 insert--
"80A. Trial of injecting facilities
(1) The Minister may undertake a trial of
injecting facilities for drugs of dependence in
up to 5 municipal districts to enable the
30 evaluation of those facilities.
(2) The Minister may only undertake a trial
referred to in sub-section (1) in the following
municipal districts--
(a) the City of Melbourne;
3
541091B.I1-2/6/2000 BILL LA CIRCULATION 2/6/2000
Drugs, Poisons and Controlled Substances (Injecting Facilities
Trial) Act 2000
s. 5
Act No.
(b) the City of Port Phillip;
(c) the City of Yarra;
(d) the City of Greater Dandenong;
(e) the City of Maribyrnong.
5 80B. Minister may enter agreements
(1) The Minister, for or on behalf of the Crown,
may enter into an agreement with any person
for the use and development, by that person
on behalf of the Minister, of land as premises
10 for an injecting facility.
(2) An agreement under this section--
(a) comes into operation on the date of the
Order made under section 80F
approving the premises to be an
15 approved injecting facility and
approving the party to the agreement
with the Minister to be an operator of
the approved injecting facility; and
(b) terminates at the earlier of--
20 (i) the date of any Order under
section 80G(2) revoking the
approval of the premises as an
approved injecting facility or
revoking the approval of the
25 person to be an operator; or
(ii) the end of the trial period.
80C. Matters to be included in agreements
An agreement under section 80B must
provide for--
30 (a) the services to be provided by the
operator in the operation of the
injecting facility including, but not
limited to, satisfactory arrangements for
4
541091B.I1-2/6/2000 BILL LA CIRCULATION 2/6/2000
Drugs, Poisons and Controlled Substances (Injecting Facilities
Trial) Act 2000
s. 6
Act No.
counselling and access to treatment
services for users of the facility;
(b) the objectives and performance
standards in relation to the operation of
5 the injecting facility by the operator;
(c) a plan of operation and management of
the injecting facility.
80D. Tabling in and disallowance by Parliament
(1) The Minister must cause a copy of a draft of
10 each agreement under section 80B to be laid
before each House of the Parliament.
(2) A draft agreement may be disallowed wholly
or in part by resolution of either House of the
Parliament passed within 2 sitting weeks of
15 the House after a copy of the draft agreement
is laid before that House.
(3) The Minister must cause to be published in
the Government Gazette a notice of the
disallowance of a draft agreement or part of
20 a draft agreement.".
6. New sections 80E to 80M inserted
In Part V of the Drugs, Poisons and Controlled
Substances Act 1981, at the end of that Part
insert--
25 '80E. Minister may recommend Order be made
(1) The Minister may recommend the making of
an Order by the Governor in Council
approving either or both of the following--
(a) premises to be an approved injecting
30 facility;
(b) a person to be an operator of an
approved injecting facility.
5
541091B.I1-2/6/2000 BILL LA CIRCULATION 2/6/2000
Drugs, Poisons and Controlled Substances (Injecting Facilities
Trial) Act 2000
s. 6
Act No.
(2) The Minister must not make a
recommendation under this section unless he
or she is satisfied that--
(a) the premises are located within a
5 municipal district referred to in section
80A(2); and
(b) the relevant Council has endorsed the
operation of facilities for the injection
of drugs of dependence in its municipal
10 district; and
(c) a draft of the relevant agreement under
section 80B has not been disallowed
under section 80D or, if it has been
disallowed in part under that section,
15 the agreement does not contain any part
which has been disallowed.
80F. Governor in Council may make Order
(1) On the recommendation of the Minister
under section 80E, the Governor in Council,
20 by Order published in the Government
Gazette, may approve--
(a) premises to be an approved injecting
facility;
(b) a person to be the operator of an
25 approved injecting facility.
(2) An Order under this section--
(a) takes effect from the date of its
publication in the Government Gazette;
and
30 (b) has effect until the end of the trial
period unless sooner revoked.
80G. Amendment or revocation of Order
6
541091B.I1-2/6/2000 BILL LA CIRCULATION 2/6/2000
Drugs, Poisons and Controlled Substances (Injecting Facilities
Trial) Act 2000
s. 6
Act No.
(1) The Governor in Council, on the
recommendation of the Minister, may amend
an Order made under section 80F by an
Order published in the Government Gazette.
5 (2) The Governor in Council, on the
recommendation of the Minister, may revoke
an Order made under section 80F by an
Order published in the Government Gazette.
80H. Use or possession not an offence in certain
10 circumstances
(1) A person who possesses a drug of
dependence is not guilty of an offence under
section 73 by reason only of that possession
if--
15 (a) the possession relates to a quantity of a
drug of dependence that is not more
than a small quantity; and
(b) the possession occurs in an approved
injecting facility; and
20 (c) the person is 18 years of age or older.
(2) A person who uses a drug of dependence is
not guilty of an offence under section 75 by
reason only of that use if--
(a) the use relates to a quantity of a drug of
25 dependence that is not more than a
small quantity; and
(b) the use occurs in an approved injecting
facility; and
(c) the person is 18 years of age or older.
30 (3) A person who uses a drug of dependence for
the purpose of self-administration is not
guilty of a contravention of regulation 47 of
the Drugs, Poisons and Controlled
Substances Regulations 1995 by reason only
7
541091B.I1-2/6/2000 BILL LA CIRCULATION 2/6/2000
Drugs, Poisons and Controlled Substances (Injecting Facilities
Trial) Act 2000
s. 6
Act No.
of that use for the purpose of self-
administration if--
(a) the use for the purpose of self-
administration relates to a quantity of a
5 drug of dependence that is not more
than a small quantity; and
(b) the use for the purpose of self-
administration occurs in an approved
injecting facility; and
10 (c) the person is 18 years of age or older.
80I. Operator or staff not guilty of aiding and
abetting offences
A person who is--
(a) an operator of an approved injecting
15 facility; or
(b) a member of staff in an approved
injecting facility--
is not guilty of an offence of aiding, abetting,
counselling, procuring, soliciting or inciting
20 the possession or use of a drug of
dependence in contravention of section 80 in
respect of an offence against section 73 or 75
by reason only of--
(c) operating that facility or being a
25 member of staff in that facility; or
(d) the possession or use of a drug of
dependence in that facility by a person
to whom section 80H(1) or (2) applies;
or
30 (e) the possession or use of a drug of
dependence in that facility by a person
who would have been a person to
8
541091B.I1-2/6/2000 BILL LA CIRCULATION 2/6/2000
Drugs, Poisons and Controlled Substances (Injecting Facilities
Trial) Act 2000
s. 6
Act No.
whom section 80H(1) or (2) applies had
he or she been 18 years of age or older
if the operator or member of staff
believed on reasonable grounds that the
5 person was 18 years of age or older.
80J. Conspiring
A person is not guilty of an offence of
conspiring with another person or other
persons to commit an offence in relation to
10 the possession or use of a drug of
dependence in contravention of section 79 in
respect of an offence against section 73 or 75
by reason only of--
(a) being an operator of an approved
15 injecting facility; or
(b) being a member of staff in an approved
injecting facility; or
(c) the possession or use of a drug of
dependence in an approved injecting
20 facility by a person to whom section
80H(1) or (2) applies; or
(d) the possession or use of a drug of
dependence in an approved injecting
facility by a person who would have
25 been a person to whom section 80H(1)
or (2) applies had he or she been
18 years of age or older if the operator
or member of staff believed on
reasonable grounds that the person was
30 18 years of age or older.
80K. Effect of section 5 "possession" limited
9
541091B.I1-2/6/2000 BILL LA CIRCULATION 2/6/2000
Drugs, Poisons and Controlled Substances (Injecting Facilities
Trial) Act 2000
s. 6
Act No.
Section 5 does not apply to the occupier of
any land or premises on which an approved
injecting facility is located in relation to any
substance in that facility which is a drug of
5 dependence.
80L. Exemption from criminal liability for
persons engaged in operation of facility
(1) Despite any other provision of this Act or the
regulations made under this Act, or any other
10 Act or law, it is not unlawful for a person to
engage, participate or otherwise be involved
in the operation of an approved injecting
facility in accordance with the terms of the
agreement under section 80B applying to
15 that facility.
(2) Nothing in this section operates to confer
greater protection from criminal liability on a
person to whom section 80H, 80I, 80J or
80K applies than is provided for in that
20 section.
80M. Expiry of provisions
(1) Sections 80E and 80F expire on the day that
is 6 months after the date of commencement
of section 6 of the Drugs, Poisons and
25 Controlled Substances (Injecting Facilities
Trial) Act 2000.
(2) Sections 80A, 80B, 80C, 80D, 80G to 80L
and this section expire on the day that is
18 months after the date of the last Order
30 made under section 80F.'.
10
541091B.I1-2/6/2000 BILL LA CIRCULATION 2/6/2000
Drugs, Poisons and Controlled Substances (Injecting Facilities
Trial) Act 2000
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
11
541091B.I1-2/6/2000 BILL LA CIRCULATION 2/6/2000
Drugs, Poisons and Controlled Substances (Injecting Facilities
Trial) Act 2000
Act No.
12
541091B.I1-2/6/2000 BILL LA CIRCULATION 2/6/2000
[Index] [Search] [Download] [Related Items] [Help]