Victorian Consolidated Legislation

Drugs, Poisons and Controlled Substances Act 1981 - SECT 13

Persons authorized to have possession etc. of poisons or controlled substances

13. Persons authorized to have possession etc. of poisons or controlled
substances



(1) Subject to this Act and the regulations-

   (a)  any registered medical practitioner, pharmacist, veterinary
        practitioner or dentist is hereby authorized to obtain and have in his
        possession and to use, sell or supply any poison or controlled
        substance (other than a Schedule 1 poison) or drug of dependence in
        the lawful practice of his profession as a registered medical
        practitioner, pharmacist, veterinary practitioner or dentist (as the
        case may be); and

   (b)  any authorized officer is hereby authorized to obtain and have in his
        possession and to sell or supply any poison or controlled substance or
        drug of dependence in the exercise or performance of any power,
        function or duty conferred or imposed upon him by this Act or the
        regulations; and

   (ba) any nurse practitioner is hereby authorised to obtain and have in his
        or her possession and to use, sell or supply any Schedule 2, 3, 4 or 8
        poison approved by the Minister in relation to the category of nurse
        practitioner specified in the endorsement of that nurse practitioner's
        registration in the lawful practice of his or her profession as a
        nurse practitioner in the category for which he or she is endorsed;
        and

   (c)  any registered optometrist whose registration is endorsed under the
        Health Professions Registration Act 2005 is hereby authorised to
        obtain and have in his or her possession and to use, sell or supply
        any Schedule 2, 3 or 4 poison for opthalmic use that is approved by
        the Minister and specified in the endorsement in the lawful practice
        of his or her profession as a registered optometrist; and

   (ca) any registered podiatrist whose registration is endorsed under the
        Health Professions Registration Act 2005 is hereby authorised to
        obtain and have in his or her possession and to use, sell or supply
        any Schedule 2, 3 or 4 poison approved by the Minister and specified
        in the endorsement in the lawful practice of his or her profession as
        a registered podiatrist; and

   (d)  any registered Chinese medicine practitioner whose registration is
        endorsed under the Health Professions Registration Act 2005 is hereby
        authorised to obtain and have in his or her possession and to use,
        sell or supply any Schedule 1 poison that is approved by the Minister
        in accordance with the endorsement in the lawful practice of his or
        her profession as a registered Chinese medicine practitioner; and

   (e)  any registered Chinese herbal dispenser whose registration is endorsed
        under the Health Professions Registration Act 2005 is hereby
        authorised to obtain and have in his or her possession and to use,
        sell or supply any Schedule 1 poison that is approved by the Minister
        in accordance with the endorsement in the lawful practice of his or
        her profession as a registered Chinese herbal dispenser.

(2) Subsection (1)(a) or (b) shall not be construed as authorizing a
registered medical practitioner, veterinary practitioner or dentist to sell or
supply any poison or controlled substance (other than a Schedule 5 poison, a
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) or drug of dependence by retail in an open shop unless
he is licensed under this Act to do so.

(2AA) Subsection (1)(ba) shall not be construed as authorising a nurse
practitioner referred to in that paragraph to sell or supply any Schedule 2,
3, 4 or 8 poison by retail in an open shop unless the nurse practitioner is
licensed under this Act to do so.

(2A) Subsection (1)(c) shall not be construed as authorising a registered
optometrist referred to in that paragraph to sell or supply any Schedule 2, 3
or 4 poison by retail in an open shop unless the optometrist is licensed under
this Act to do so.

(2AB) Subsection (1)(ca) shall not be construed as authorising a registered
podiatrist referred to in that paragraph to sell or supply any Schedule 2, 3
or 4 poison by retail in an open shop unless the podiatrist is licensed under
this Act to do so.

(2B) Subsection (1)(c) applies, despite anything to the contrary in the
heading to Schedule 4 contained in the Commonwealth standard.





(3) Where a pharmacist sells or supplies by wholesale to another pharmacist a
poison or controlled substance or drug of dependence for use by the other
pharmacist in the lawful practice of his profession as a pharmacist, the sale
or supply shall for the purposes of subsection (1) be regarded as a sale or
supply in the lawful practice of his profession by the first-mentioned
pharmacist.

(3A) If a registered Chinese herbal dispenser sells or supplies by wholesale a
Schedule 1 poison to-



   (a)  any other registered Chinese herbal dispenser in accordance with an
        endorsement of that other dispenser's registration under the
        Health Professions Registration Act 2005; or

   (b)  an authorised practitioner in accordance with an endorsement of the
        practitioner's registration-

for use by the other registered Chinese herbal dispenser or the authorised
practitioner in the lawful practice of his or her profession as a registered
Chinese herbal dispenser or as an authorised practitioner, the sale or supply
shall for the purposes of subsection (1) be regarded as a sale or supply in
the lawful practice of his or her profession by the first-mentioned registered
Chinese herbal dispenser.

(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

   (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 by retail.

(4A) A person is authorised to sell or supply by wholesale, subject to and in
accordance with the regulations-

   (a)  any Schedule 5 poison; or

   (b)  any Schedule 6 poison.

(4B) A person is authorised to manufacture and sell or supply by retail,
subject to and in accordance with the regulations-

   (a)  any Schedule 5 poison; or

   (b)  any Schedule 6 poison.

(4C) A person is authorised to manufacture and sell or supply by wholesale,
subject to and in accordance with the regulations-

   (a)  any Schedule 5 poison; or

   (b)  any Schedule 6 poison.

(5) Despite subsection (1)(a), a registered medical practitioner or pharmacist
who is-

   (a)  also registered as a Chinese medicine practitioner or Chinese herbal
        dispenser with an endorsement with respect to Schedule 1 poisons is
        authorised to obtain and have in his or her possession and to use,
        sell or supply Schedule 1 poisons in accordance with that endorsement
        in the lawful practice of his or her profession as a registered
        medical practitioner or pharmacist; or

   (b)  an authorised practitioner acting in accordance with an endorsement of
        his or her registration, is authorised to obtain and have in his or
        her possession and to use, sell or supply Schedule 1 poisons in the
        lawful practice of his or her profession as a registered medical
        practitioner or pharmacist.

(6) A person who is approved to carry on a pharmacy business or pharmacy depot
under Part 6 of the Health Professions Registration Act 2005 is authorized to
sell or supply by retail, subject to and in accordance with this Act and
regulations, any poison or controlled substance or drug of dependence if the
sale or supply is under the supervision of a registered pharmacist who is
employed or engaged by that person to provide pharmacy services for that
pharmacy business or pharmacy depot.