Victorian Consolidated Legislation

Drugs, Poisons and Controlled Substances Act 1981 - SECT 12E

Amendment of Code

12E. Amendment of Code



(1) The Minister may at any time amend the Poisons Code-

   (a)  to correct-

   (i)  a clerical error or an error arising from an accidental slip or
        omission; or

   (ii) an evident material mistake in the description of the Commonwealth
        standard or a provision of that standard; or



   (b)  if the Code incorporates a part of the Commonwealth standard as in
        force at a particular date-

   (i)  to change that date; or

   (ii) to provide that the part of the Commonwealth standard is incorporated
        as in force from time to time; or

   (c)  if part of the Commonwealth standard is incorporated as in force from
        time to time to provide that the part is incorporated as in force at a
        particular time; or

   (d)  to alter the heading to Schedule 1 in the Poisons List so that it
        corresponds more closely with the heading of the appropriate Schedule
        in the Commonwealth standard; or

   (e)  if a standard is prescribed for the purpose of paragraph (b) of the
        definition of Commonwealth standard in section 4(1), to give effect to
        that new standard.

(1A) To ensure consistency with the Commonwealth standard, the Minister may at
any time-

   (a)  amend the Poisons Code; or

   (b)  revoke and substitute the Poisons Code.

(1B) The Minister may, at any time, amend the Poisons Code to-

   (a)  specify the substances to be included in Schedule 1 in the Poisons
        List; and

   (b)  amend, revoke, substitute or insert substances in Schedule 1 in the
        Poisons List.





(1C) The Minister may, at any time, amend the Poisons Code to-

   (a)  specify the substances to be included in the Poisons List in the list
        of substances that are not for general sale by retail but can only be
        supplied to persons specifically authorised by this Act or the
        Regulations, or with a permit or warrant under this Act, to obtain
        them; and

   (b)  amend, revoke, substitute or insert substances in the list referred to
        in paragraph (a).

(1D) The Minister may, at any time, amend the Poisons Code to-

   (a)  specify the substances to be included in the Poisons List in the list
        of exemptions from Schedule 1 of the Poisons List or Schedules 2 to 9
        of the Commonwealth standard; and

   (b)  amend, revoke, substitute or insert substances in the list of
        exemptions referred to in paragraph (a).

(2) The provisions of this Act applying to the preparation, notification,
tabling and availability of the Poisons Code apply to an amendment to or
revocation and substitution of that Code.