DRUGS, POISONS AND CONTROLLED SUBSTANCES ACT 1981

Victorian Consolidated Legislation

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DRUGS, POISONS AND CONTROLLED SUBSTANCES ACT 1981

No. 9719 of 1981
Version incorporating amendments as at 3 September 2009

TABLE OF PROVISIONS

Section Page
1. Short title and commencement

PART I-INTRODUCTORY AND TRANSITIONAL

2. Repeals and revocations
3. Savings
4. Definitions
4A. Act does not apply to certain processed products
5. Meaning of possession
6. Meaning of corresponding law
7. Act not to derogate from provisions of certain other Acts
8. References in other Acts
9. Revocation of proclamation etc.
10. Repealed
11. Act to bind the Crown

PART II-POISONS AND CONTROLLED SUBSTANCES

Division 1-Classification

12. Poisons Code
12A. The Poisons List
12B. Requirements for labelling and other matters
12C. What if the Poisons Code conflicts with the Act or regulations?
12D. Incorporation of the Commonwealth standard
12E. Amendment of Code
12F. Status of the Poisons Code
12G. Procedure for preparation of the Poisons Code
12H. Tabling before Parliament
12I. Availability of Code
12J. What if documents are not notified or made available?
12K. Commencement of Poisons Code and incorporated materials
12L. Evidence
12M. Repealed

Division 2-Authorized persons

13. Persons authorized to have possession etc. of poisons or controlled substances
13A. Chinese medicine practitioners and herbal dispensers must establish therapeutic need
14. Special provisions as to medical practitioners
14A. Minister to approve scope of prescribing rights

Division 3-Poisons Advisory Committee

15. Establishment and membership of Poisons Advisory Committee
15A. Terms and conditions of appointment
15B. Resignation and removal
15C. Vacancies
15D. Quorum and proceedings
15E. Co-opted members
16. Sub-committees
17. Functions of the Committee
18. Officers of committee

Division 4-Licences, permits and warrants

18A. Definitions
19. Issue of licences, permits and warrants
20. What a licence, permit or warrant can authorise
21. Duration of a licence, permit or warrant
22. Renewal of licences and permits
22A. Amendment
22B. Inspection
22C. Suspension or cancellation

Division 5-Public health emergencies

22D. When a public health emergency order may be made
22E. Matters to be specified in a public health emergency order
22F. What a public health emergency order authorises
22G. Extending, amending and revoking orders
22H. Orders under this Division to be published in Government Gazette
Divisions 6, 7-Repealed

Division 8-Manufacture and sale of poisons or controlled
substances

23. Manufacture, sale and supply of poisons or controlled substances by wholesale
24. Wholesaling of certain poisons
25. Repealed
26. Retailing of poisons or controlled substances
27. Sale of poisons or controlled substances by persons other than manufacturers etc.
27A. Offences concerning labelling and other matters
28. House to house sale of poisons or controlled substances prohibited
29. Sale of substances in unauthorised containers
30. Vending machines for poisons or controlled substances

Division 9-Repealed

Division 10-Drugs of dependence, Schedule 8 poisons, Schedule 9 poisons and Schedule 4 poisons
Subdivision 1-Introductory matters and records

31. Definitions
32. Record keeping in relation to sale or supply of drugs of
addiction
Subdivision 2-Notification of drug-dependent person
33. Notification of drug-dependent person
Subdivision 3-Schedule 9 poisons
33A. Application for permit to administer, supply or prescribe Schedule 9 poisons
33B. Schedule 9 permit
33C. Offence not to comply with Schedule 9 permit
33D. Offence to administer Schedule 9 poisons without permit
Subdivision 4-Schedule 8 poisons
34. Requirement to apply for Schedule 8 permit
34A. Schedule 8 permit
34B. Offence to administer etc. Schedule 8 poisons to drug-
dependent person
34C. Offence to administer etc. Schedule 8 poisons to person who
is not a drug-dependent person
34D. Exception to Schedule 8 permit requirement-specified
medical conditions
34E. Exceptions to Schedule 8 permit requirement-multiple practitioners at medical clinic
34F. Exception to Schedule 8 permit requirement-patients in
prisons, aged care services and hospitals
35. Offence not to comply with Schedule 8 permit
Subdivision 5-General
35A. Secretary may specify medical conditions
35B. Composite forms
36. Obligations of pharmacists in relation to dispensing of drugs
36A. Forgery
36B. Unauthorized possession etc. of poison or controlled substance etc.

Division 10A-Administration of medication in aged care services

36C. Effect of this Division
36D. Definitions
36E. Administration of drugs of dependence, Schedule 9 poisons, Schedule 8 poisons and Schedule 4 poisons in aged care services
36F. Nurse to have regard to code for guidance

Division 11-Appeals

37. Appeals

Division 12-Sale of poisons book

38. Record of sale of poisons
38A. Authorised possession of certain poisons
39. Repealed
40. Sale or supply of poisons or controlled substances to persons under age

Division 13-Authorized officers

41. Secretary may authorize person to carry out functions of authorized officer
42. Inspections
43. Duties of officers in relation to seized substances
44. Persons who are liable for contravention of Act

Division 13A-Authorised Police Employees

44A. Chief Commissioner may authorise person to carry out
functions of authorised police employee
44B. Powers, duties and functions of authorised police employee

Division 14-Offences

45. Time within which information to be laid
46. Offences
47. Maximum sentence etc.
48. Offence to receive certain moneys etc.
49. Obtaining licence by fraud
50. Immunity of authorized officers and authorised police
employees
51. Repealed

Division 15-Poison baits

52. Setting of poison baits
53. Regulations

Division 16-Poisons in roads and waterways

54. Special regulations

Division 17-Prohibition of poisons or controlled substances

55. Prohibiting sale or supply of poisons or controlled substances

PART III-MANUFACTURE OF HEROIN

56. Manufacture of heroin etc.

PART IV-DELETERIOUS SUBSTANCES AND SEARCH, SEIZURE AND DETENTION POWERS RELATING TO VOLATILE SUBSTANCES

Division 1-Deleterious substances

57. Definitions
58. Sale of deleterious substances
59. Matters to which this Part does not apply
60. Evidence

Division 2-Volatile substances

60A. Purpose of Division
60B. Police to take into account the best interests of person under 18 years of age
60C. Where can police powers under this Division be exercised?
60D. Police may use reasonable force
60E. Police may search person under 18 years of age without
warrant
60F. Search of person irrespective of age without warrant
60G. Before search, police to identify self
60H. Before search, police to give information and request
production of substance or item
60I. Request for explanation before seizure of volatile substances
and items used to inhale volatile substances
60J. Seizure of volatile substances and items used to inhale when explanation given
60K. Seizure of volatile substances and items used to inhale when
no explanation given
60L. Apprehension and detention
60M. How long may a person be detained and where?
60N. Return of seized or produced volatile substances and items
used to inhale volatile substances
60O. Disposal or making safe of volatile substances and items used
to inhale volatile substances
60P. Forfeiture to Crown
60Q. Records concerning searches, seizure, receipt or disposal of property, apprehensions and detentions
60R. Person may request record
60S. Chief Commissioner to report on actions under this Division
60T. Regulations

PART IVA-AUTHORITIES FOR LOW-THC CANNABIS

Division 1-Authorities for low-THC cannabis

61. Definitions
62. Application for authority to cultivate and process low-THC cannabis
63. Secretary must investigate application
64. Matters to be considered in determining applications
65. Determination of applications
66. Terms and conditions of authorities
67. Renewal of authorities
68. Authority not transferable
69. Amendment of authorities
69A. Suspension or cancellation
69B. Review by VCAT
69C. Offence to fail to comply with authority
69D. Catchment and Land Protection Act does not apply

Division 2-Inspection and enforcement

69E. Inspectors under this Part
69F. General powers of inspectors
69G. Inspector may order harvest or treatment
69H. Inspector has power to detain or seize
69I. What happens if an inspector detains or seizes plants, crops
or products?
69J. Appeal to Secretary if disposal or destruction ordered
69K. Offences relating to inspector's exercise of power
69L. Inspector may possess cannabis for purposes of this Part

Division 3-Regulations under this Part

69M. Regulations

PART V-DRUGS OF DEPENDENCE AND RELATED
MATTERS

70. Definitions
71. Trafficking in a drug or drugs of dependence-large
commercial quantity
71AA. Trafficking in a drug or drugs of dependence-
commercial quantity
71AB. Trafficking in a drug of dependence to a child
71AC. Trafficking in a drug of dependence
71A. Possession of substance, material, documents or equipment
for trafficking in a drug of dependence
71B. Supply of drug of dependence to a child
71C. Possession of tablet press
71D. Possession of precursor chemicals
72. Cultivation of narcotic plants-large commercial quantity
72A. Cultivation of narcotic plants-commercial quantity
72B. Cultivation of narcotic plants
72C. Defence to prosecution for offences involving cultivation
73. Possession of a drug of dependence
74. Introduction of a drug of dependence into the body of another person
75. Use of drug of dependence
76. Adjourned bonds to be given in certain cases
77. Forging prescriptions and orders for drugs of dependence
78. Obtaining drugs of dependence etc. by false representation
79. Conspiring
80. Aiding and abetting etc.

PART VA-COCAINE KITS

Division 1-Cocaine kits

80A. What is a cocaine kit?
80B. Offence to display a cocaine kit in a retail outlet
80C. Offence to sell a cocaine kit

Division 2-Enforcement

80D. Seizure of cocaine kits
80E. Retention and return of seized cocaine kits
80F. Magistrates' Court may extend 3 month period
80G. Forfeiture and destruction of seized cocaine kits
80H. Court may order forfeiture to the Crown

PART VI-SEARCH SEIZURE AND FORFEITURE

81. Warrant to search premises
81A. Notice that seized thing or document is being held for
purposes of Confiscation Act 1997.
81B. Application for tainted property to be held or retained-
return of warrant to court
81C. Court may make direction
81D. Notice of direction under section 81C.
81E. Effect of directions under sections 81(1A) and 81C.
82. Search without warrant
83. Forfeiture of drug of dependence or substance before
conviction
84-89. Repealed
90. Appeals
91. Destruction of drugs of dependence-health and safety
interests
92. Delegated police officers
93. Certificate and report to be provided to Chief Commissioner
of Police
94. Request for copies
95. Director, Police Integrity to inspect and report
96. Annual reports
97-101. Repealed

PART VII-PROCEEDINGS

102. Identity of seller of substances
103. Offences by corporations
104. Burden of proof
105-109. Repealed

PART VIII-Repealed

110-117. Repealed

PART IX-EVIDENTIARY

118. List of licences and permits
119. Evidentiary
120. Analyst's etc. certificates
121. Evidentiary effect of certain statements
122. Proof that a substance is poison etc.
122A. Evidence of market value of drugs of dependence
123. General offence

PART X-Repealed

124-128. Repealed

PART XI-REGULATIONS

129. Regulations
130. Construction of section 129.
131. Regulations as to regulated poisons
132. General regulations
132A. Regulations may incorporate other documents
132B. Scope of regulations
133. Strict compliance with prescribed forms not necessary
133A. Exemption from regulatory impact statement procedure

PART XII-TRANSITIONAL PROVISIONS

134. References
135. Instruments to continue
135A. Transitional provisions-Drugs, Poisons and Controlled Substances (Amendment) Act 1994.
136. Continuity of Poisons Advisory Committee
137. Transitional provisions-Drugs, Poisons and Controlled Substances (Amendment) Act 2001.
138. Refund of licence fee in relation to Schedule 5 poisons and Schedule 6 poisons
139. Transitional provisions relating to licences-Drugs, Poisons
and Controlled Substances and Therapeutic Goods
(Victoria) Acts (Amendment) Act 2004.
140. Transitional provisions-Drugs, Poisons and Controlled Substances (Amendment) Act 2006.
141. Drug Rehabilitation and Research Fund
142. Transitional provisions-Drugs, Poisons and Controlled Substances Amendment Act 2008.
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1-9-Repealed
SCHEDULE 10-Search Warrant
SCHEDULE 11.
SCHEDULE 12-Statements of Strength of Preparations
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details

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