Victorian Consolidated Legislation

Drugs, Poisons and Controlled Substances Act 1981 - SECT 36B

Unauthorized possession etc. of poison or controlled substance etc.

36B. Unauthorized possession etc. of poison or controlled substance etc.



(1) A person shall not knowingly by false representation, whether oral or in
writing or by conduct-

   (a)  obtain a Schedule 8 poison, Schedule 9 poison or Schedule 4 poison
        from a person authorized by or licensed under this Act or the
        regulations to possess, manufacture, sell or supply the Schedule 8
        poison, Schedule 9 poison or Schedule 4 poison;

   (b)  obtain a prescription or order for a Schedule 8 poison, Schedule 9
        poison or Schedule 4 poison from a registered medical practitioner,
        registered optometrist, dentist, pharmacist or veterinary practitioner
        or a person authorized by this Act or the regulations to issue or
        possess the prescription or order;

   (c)  cause or induce a registered medical practitioner to administer a
        Schedule 8 poison, Schedule 9 poison or Schedule 4 poison to him by
        injection or otherwise; or



   (d)  cause or induce a pharmacist or a person authorized by this Act or the
        regulations to supply a Schedule 8 poison, Schedule 9 poison or
        Schedule 4 poison, to dispense a prescription or order for that
        Schedule 8 poison, Schedule 9 poison or Schedule 4 poison, if the
        first-mentioned person knows the prescription or order to have been
        obtained in contravention of this Act or the regulations.

Penalty: 10 penalty units.

(2) A person shall not have in his possession a Schedule 8 poison, Schedule 9
poison or Schedule 4 poison unless he is authorized by or licensed under this
Act or the regulations to do so.

Penalty: 10 penalty units.

(3) In this section a reference to a Schedule 8 poison, Schedule 9 poison or
Schedule 4 poison does not include a reference to a drug of dependence.

Division 10A-Administration of medication in aged care services