DRUGS, POISONS AND CONTROLLED SUBSTANCES ACT 1981 - SECT 55 Prohibiting sale or supply of poisons or controlled substances

DRUGS, POISONS AND CONTROLLED SUBSTANCES ACT 1981 - SECT 55

S. 55(1) amended by Nos 10262 s. 4, 46/1998 s. 7(Sch. 1).

    (1)     Where the Minister is of the opinion that it is necessary to take urgent action in the interest of the health or safety of the public, he may, after consulting with the Secretary, recommend to the Governor in Council that the sale or supply use or a specified use or uses of a poison or controlled substance—

        (a)     should, subject to such terms and conditions as are specified in the recommendation, be—

              (i)     prohibited; or

              (ii)     restricted—

in the whole or any part of Victoria; or

        (b)     should, subject to such terms and conditions as are specified in the recommendation, be prohibited in part of Victoria and restricted in another part of Victoria—

for a period not exceeding three months.

    (2)     Where a recommendation is made to the Governor in Council under subsection (1), the Governor in Council may, by Order published in the Government Gazette prohibit or restrict the sale or supply or use of the poison or controlled substance in accordance with the recommendation.

S. 55(3) amended by Nos 10262 s. 4, 46/1998 s. 7(Sch. 1).

    (3)     The Governor in Council may, on the recommendation of the Minister after consulting with the Secretary, by Order published in the Government Gazette—

        (a)     extend, or further extend, the period during which a prohibition or restriction under an Order made under subsection (2) is in force for a period not exceeding three months; and

        (b)     otherwise amend or revoke an Order made under subsection (2).

    (4)     Notice of an Order made under subsection (2) or subsection (3) shall be published in a daily newspaper and a rural weekly newspaper circulating throughout Victoria.

S. 55(5) amended by No. 10002 s. 14(d).

    (5)     A person who contravenes or fails to comply with an Order including an Order that is amended under subsection (3) or with the terms and conditions (if any) to which the Order is subject is guilty of an offence and liable to a penalty of not more than 50 penalty units.

Pt 2A (Heading) substituted by No. 7/2023 s. 4.

Pt 2A (Headings and ss 55A–55R inserted by No. 66/2017 s. 7.

Part IIA—Medically supervised injecting centre

Division 1—Preliminary

S. 55A inserted by No. 66/2017 s. 7, amended by No. 7/2023 s. 5.