Victorian Consolidated Legislation

Drugs, Poisons and Controlled Substances Act 1981 - SECT 4

Definitions

4. Definitions



(1) In this Act unless inconsistent with the context or subject-matter-

aged care service has the same meaning as it has in the Aged Care Act 1997 of
the Commonwealth;

authorised police employee means-

   (a)  a person authorised under section 44A; or

   (b)  a person who is a member of a class of person authorised under
        section 44A;



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authorized officer means a person authorized by the Secretary under section 41
and any member of the police force;



automatic machine means any machine or mechanical device used or capable of
being used for the purpose of selling or supplying goods without the personal
manipulation or attention of the seller or supplier or his employee or other
agent at the time of the sale or supply; category 1 precursor chemical means a
substance prescribed as a category 1 precursor chemical and-

   (a)  includes-

   (i)  any form of that substance, whether natural or synthetic; and

   (ii) if specified in the regulations for that category 1 precursor
        chemical, the salts, derivatives and isomers of that substance and any
        salt of those derivatives and isomers;

   (b)  despite the definition of substance in this section, does not include
        that substance when contained in or mixed with another substance;
        category 2 precursor chemical means a substance prescribed as a
        category 2 precursor chemical and-

   (a)  includes-

   (i)  any form of that substance, whether natural or synthetic; and

   (ii) if specified in the regulations for that category 2 precursor
        chemical, the salts, derivatives and isomers of that substance and any
        salt of those derivatives and isomers;

   (b)  despite the definition of substance in this section, does not include
        that substance when contained in or mixed with another substance;
        category 3 precursor apparatus means an item or class of item
        prescribed as a category 3 precursor apparatus;





certificate of health and safety destruction or disposal means a certificate
given by an analyst or a botanist under section 91(1)(c);





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Committee means the Poisons Advisory Committee constituted under Division 3 of
Part II;

Commonwealth standard means-
(a) the document called "the Standard for the Uniform Scheduling of Drugs and
Poisons", being recommendations of the Public Health Committee of the National
Health and Medical Research Council, published by or by the authority of that
Council; or





   (b)  if the title, formulator or publisher of that document changes, a
        document prescribed to be the Commonwealth standard- and, except in
        sections 12 to 12I, includes that standard as published or amended
        from time to time;

compound in relation to a poison or controlled substance means a medicament
prepared in accordance with a formula and being a combination of-

   (a)  a poison or controlled substance; and

   (b)  any other substance or substances- in such a way that the poison or
        controlled substance cannot be readily separated from the other
        substance or substances, and to compound and derivative expressions
        have corresponding meanings;

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date of supply, in Part VB, means the date a category 1 precursor chemical, a
category 2 precursor chemical or a category 3 precursor apparatus, as the case
requires, leaves the premises of the person who supplied it; delegated police
officer means-

   (a)  a person to whom a function under section 91 has been delegated under
        section 92; or

   (b)  a person who is a member of a class to which a function under
        section 91 has been delegated under section 92; dentist means a person
        registered under the Health Practitioner Regulation National Law-

   (a)  to practise in the dental profession as a dentist (other than as a
        student); and

   (b)  in the dentists division of that profession;







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drug of dependence means a substance that is-

   (a)  a drug-

   (i)  specified in column 1 of Part 1 of Schedule Eleven; or

   (ii) included in a class of drug specified in column 1 of Part 1 of
        Schedule Eleven; or

   (b)  any fresh or dried parts of any plant specified in column 1 of Part 2
        of Schedule Eleven; or

   (ba) prescribed as a drug of dependence in accordance with section 132AA
        whether specified as included in Part 1, Part 2 or Part 3 of Schedule
        Eleven; or

   (c)  a drug-

   (i)  specified in column 1 of Part 3 of Schedule Eleven; or

   (ii) included in a class of drug specified in column 1 of Part 3 of
        Schedule Eleven- and includes-

   (d)  any form of a drug specified in column 1 of Part 1 or column 1 of Part
        3 of Schedule Eleven, whether natural or synthetic, and the salts,
        derivatives and isomers of that drug and any salt of those derivatives
        and isomers; and

   (e)  any-

   (i)  drug specified in, or drug included in a class of drug specified in
        column 1 of Part 1 or column 1 of Part 3 of Schedule Eleven, whether
        natural or synthetic; or

   (ii) salts, derivatives or isomers of a drug specified in column 1 of Part
        1 or column 1 of Part 3 of Schedule Eleven; or

   (iii) salt of any derivative or isomer mentioned in subparagraph (ii)-
        contained in or mixed with another substance; end user declaration
        means a declaration required for the purposes of section 80J, 80L or
        80M, as the case requires;



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heroin means diacetyl morphine (also known as diamorphine) and its salts;

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label-

   (a)  in section 27A, means a statement in writing on a container of a
        poison or controlled substance; and

   (b)  in any other case- includes any tag brand mark or statement in writing
        on or attached to or used in connexion with any container or package
        containing any poison or controlled substance; and labelled has a
        corresponding interpretation;

licence means a valid and unexpired licence under any Part of this Act or
under the regulations;

licensee means the person named in a licence;

manufacture includes the process of refining, manipulating and mixing any
poison or controlled substance (including a poison or controlled substance in
the raw state); and "manufacturer" has a corresponding interpretation;

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nurse practitioner means a nurse whose registration is endorsed by the Nursing
and Midwifery Board of Australia under section 95 of the Health Practitioner
Regulation National Law;







Order in Council means an Order made by the Governor in Council published in
the Government Gazette; pharmacist means a person registered under the Health
Practitioner Regulation National Law to practise in the pharmacy profession
(other than as a student);









poison or controlled substance means-

   (a)  a Schedule 1 poison; or

   (b)  a Schedule 2 poison; or

   (c)  a Schedule 3 poison; or

   (d)  a Schedule 4 poison; or

   (e)  a Schedule 5 poison; or

   (f)  a Schedule 6 poison; or

   (g)  a Schedule 7 poison; or

   (h)  a Schedule 8 poison; or

   (i)  a Schedule 9 poison; or

   (j)  a regulated poison other than a Schedule 7 poison;

Poisons Code means the Poisons Code prepared under section 12 as amended or
substituted and in force from time to time;



Poisons List means the Poisons List in the Poisons Code;

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prescribed means prescribed by this Act or the regulations;

proclamation means proclamation of the Governor in Council; protective
services officer means a protective services officer appointed under section
118B(1) of the Police Regulation Act 1958;

public health emergency order means an order made under section 22D and
includes an order extended, amended or varied under section 22G;

registered Chinese herbal dispenser means a person registered as a Chinese
herbal dispenser by the Chinese Medicine Registration Board of Victoria under
the Health Professions Registration Act 2005;







registered Chinese medicine practitioner means a person registered as a
Chinese herbal medicine practitioner by the Chinese Medicine Registration
Board of Victoria under the Health Professions Registration Act 2005;







registered medical practitioner means a person registered under the Health
Practitioner Regulation National Law to practise in the medical profession
(other than as a student);









registered nurse means a person registered under the Health Practitioner
Regulation National Law-

   (a)  to practise in the nursing and midwifery profession as a nurse (other
        than as a midwife or as a student); and

   (b)  in the registered nurses division of that profession;

registered optometrist means a person registered under the Health Practitioner
Regulation National Law to practise in the optometry profession (other than as
a student);









registered podiatrist means a person registered under the Health Practitioner
Regulation National Law to practise in the podiatry profession (other than as
a student);



regulated poison means-

   (a)  a Schedule 7 poison; or

   (b)  a substance included in the Poisons Code in the list of substances
        that are not for general sale by retail;

Regulations means Regulations made under this Act or any corresponding
previous enactment;

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Schedule 1 Poison means a substance in Schedule 1 in the Poisons List;



Schedule 2 Poison means a substance in Schedule 2 of the Commonwealth
standard;





Schedule 3 Poison means a substance in Schedule 3 of the Commonwealth
standard;





Schedule 4 Poison means a substance in Schedule 4 of the Commonwealth
standard;





Schedule 5 Poison means a substance in Schedule 5 of the Commonwealth
standard;





Schedule 6 Poison means a substance in Schedule 6 of the Commonwealth
standard;





Schedule 7 Poison means a substance in Schedule 7 of the Commonwealth
standard;





Schedule 8 Poison means a substance in Schedule 8 of the Commonwealth
standard;





Schedule 9 Poison means a substance in Schedule 9 of the Commonwealth
standard;





Secretary has the same meaning as in section 3(1) of the
Public Health and Wellbeing Act 2008;



sell means sell, whether by-

   (a)  wholesale or retail or otherwise, barter, exchange, deal in, agree to
        sell, offer or expose for sale, keep or have in possession for sale,
        send forward, deliver or receive for or for the purpose of sale or in
        the course of sale; and

   (b)  authorize, direct, allow, cause, suffer, permit or attempt any of the
        acts or things mentioned in paragraph (a)- and sale and each of the
        other derivatives of sell have corresponding meanings; serious risk to
        public health means a material risk that substantial injury or
        prejudice to the health of human beings has occurred or may occur
        having regard to-

   (a)  the number of persons likely to be affected;

   (b)  the location, immediacy and seriousness of the threat to the health of
        persons;

   (c)  the nature, scale and effects of the harm, illness or injury that may
        develop;

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substance includes material, preparation, extract and admixture;

sufficient proof of identity of receiver, for the purposes of Part VB, means
proof of identity provided by one of the following-

   (a)  a driver licence issued under the Road Safety Act 1986, or a licence
        issued in another State or a Territory that is the equivalent of a
        driver licence, that displays a photograph of the person; or

   (b)  an Australian passport or a foreign passport; or

   (c)  a proof of age card issued under the Liquor Control Reform Act 1998 or
        a card issued in another State or a Territory that is the equivalent
        of a proof of age card;

supply means-

   (a)  supply, provide, give or deliver, whether or not for fee, reward or
        consideration or in expectation of fee, reward or consideration;

   (b)  agree or offer for the purpose of supply as defined in paragraph (a),
        expose for the purpose of supply as so defined, keep or have in
        possession for the purpose of supply as so defined, send forward or
        receive for the purpose of supply as so defined; and

   (c)  authorize, direct, cause, allow, suffer, permit or attempt to do any
        of the acts or things mentioned in paragraph (a) or paragraph (b)- and
        the derivatives of supply shall have corresponding meanings;

therapeutic use means use in or in connection with-

   (a)  the preventing, diagnosing, curing or alleviating of a disease,
        ailment, defect or injury in human beings or animals; or

   (b)  influencing, inhibiting, or modifying of a physiological process in
        human beings or animals; or

   (c)  the testing of the susceptibility of human beings or animals to a
        disease or ailment;

veterinary practitioner means a veterinary practitioner registered under the
Veterinary Practice Act 1997;



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wholesale means-

   (a)  sale or supply for the purposes of resale;

   (b)  sale or supply to a person for the purposes of supply by that person
        to another person; and

   (c)  sale or supply for the purposes of use in connexion with a trade,
        business, profession or industry;

wholesale dealer means a person who sells or supplies by wholesale.

(2) A reference in this Act to manufacture does not include a reference to the
process of refining, manipulating and mixing a poison or controlled substance,
where the process is carried out by a pharmacist in the lawful practise of his
profession in-

   (a)  premises used for sale by retail and registered under Part 3 of the
        Pharmacy Regulation Act 2010; or







   (b)  premises used for sale by retail in circumstances approved under Part
        3 of the Pharmacy Regulation Act 2010; or







   (c)  a pharmacy department approved under Part 3 of that Act-





in which the pharmacist manufactures preparations of poisons or controlled
substances for sale or distribution only from those premises or from such
other premises as may be owned and operated by that pharmacist selling by
retail.

(3) A reference in this Act to manufacture does not include a reference to the
process of refining, manipulating and mixing a Schedule 1 poison, where the
process is carried out by a registered Chinese medicine practitioner, a
registered Chinese herbal dispenser or an authorised practitioner in the
lawful practice of his or her profession for the purposes of use, sale or
supply by that practitioner or dispenser.