Victorian Consolidated Regulations

Drugs, Poisons and Controlled Substances Regulations 2006 - SECT 5

Possession of Schedule 4 poisons, Schedule 8 poisons and Schedule 9 poisons

5. Possession of Schedule 4 poisons, Schedule 8 poisons and Schedule 9 poisons



(1) A person or class of persons shown in an item in Column 1 of the following
table is authorised to have in his or her possession a Schedule 4 poison,
Schedule 8 poison or Schedule 9 poison to the extent shown in Column 2.

Reg. 5(1) (Table) amended by S.R. No. 63/2007 reg. 6(1)-5). TABLE Column 1
Column 2 PART 1 1. A person who holds or who is the agent of a person who
holds a licence, permit or warrant issued under the Act or these Regulations.
Those Schedule 4 poisons, Schedule 8 poisons or Schedule 9 poisons named on
the licence, permit or warrant to the extent and for the purpose specified in
the licence, permit or warrant. 2. A person who is a carrier, a carrier's
employee or a messenger. For the purposes of delivery to the person to whom
the consignment is addressed, those Schedule 4 poisons, Schedule 8 poisons or
Schedule 9 poisons consigned by-



Column 1 Column 2

(a) a person holding a licence or permit under the Act or these Regulations;
or (b) in the case of a Schedule 9 poison, a registered medical practitioner,
pharmacist, veterinary practitioner or dentist; or (c) in the case of a
Schedule 8 poison, a registered medical practitioner, pharmacist, veterinary
practitioner, dentist or nurse practitioner; or (d) in the case of a
Schedule 4 poison, a registered medical practitioner, pharmacist, veterinary
practitioner, dentist or nurse practitioner; or





Column 1 Column 2

(e) in the case of a Schedule 4 poison specified in his or her endorsement of
registration, an authorised optometrist; or

(f) in the case of a Schedule 4 poison specified in his or her endorsement of
registration, an authorised podiatrist. 3. A person for whom a Schedule 9
poison has been supplied by a registered medical practitioner, pharmacist or
dentist in accordance with the Act and these Regulations. That Schedule 9
poison to the extent and for the purpose for which it is supplied. 4. A person
for whom a Schedule 8 poison has been supplied by a registered medical
practitioner, pharmacist, dentist or nurse practitioner in accordance with the
Act and these Regulations. That Schedule 8 poison to the extent and for the
purpose for which it is supplied. r. 5 5. A person for whom a Schedule 4
poison has been supplied by a registered medical practitioner, pharmacist,
dentist or nurse practitioner in accordance with the Act and these
Regulations. That Schedule 4 poison to the extent and for the purpose for
which it was supplied. Column 1 Column 2 6. A person for whom a Schedule 4
poison has been supplied in accordance with the Act and these Regulations by
an authorised optometrist whose endorsement of registration specifies that
Schedule 4 poison. That Schedule 4 poison to the extent and for the purpose
for which it is supplied. 6A A person for whom a Schedule 4 poison has been
supplied in accordance with the Act and these Regulations by an authorised
podiatrist whose endorsement of registration specifies that Schedule 4 poison.
That Schedule 4 poison to the extent and for the purpose for which it is
supplied. 7. The agent or a person who has the care of, or who is assisting in
the care of, a person referred to in item 3, 4, 5 or 6. That Schedule 4
poison, Schedule 8 poison, or Schedule 9 poison to the extent and for the
purpose for which it is supplied. 8. An owner of, or a person having custody
or care of, an animal for which a Schedule 4 poison or Schedule 8 poison has
been supplied by a veterinary practitioner or pharmacist in accordance with
the Act and these Regulations. That Schedule 4 poison or Schedule 8 poison to
the extent and for the purpose for which it is supplied.





Column 1 Column 2 9. An owner or person having custody or care of a flock or
herd of animals for which a Schedule 4 poison has been supplied by wholesale
in a stockfeed on the order of a veterinary practitioner for the treatment of
that flock or herd of animals in accordance with the Act or these Regulations.
That Schedule 4 poison to the extent and for the purpose for which it is
supplied. PART 2 10. An operational staff member within the meaning of the
Ambulance Services Act 1986. Those Schedule 4 poisons or Schedule 8 poisons
listed in the health services permit held by that ambulance service within the
meaning of the Ambulance Services Act 1986. r. 5 11. A member of St John
Ambulance Australia (Vic.) recognised by that organisation as qualified to
Advanced First Aid level. Those Schedule 4 poisons listed in the health
services permit held by St John Ambulance Australia (Vic.). 12. A master or
chief officer of a ship in port in Victoria. Those Schedule 4 poisons or
Schedule 8 poisons that are required by State, Commonwealth or international
law to complete the equipment of that ship.



Column 1 Column 2 13. A yacht owner or crew member who is a member of Yachting
Australia and whose yacht is entered in a race conducted under the rules of
Yachting Australia. Those Schedule 4 poisons or Schedule 8 poisons contained
in the Medical Kit for the Yachting Australia Race Category in which the yacht
is entered. 14. A registered optometrist carrying on the lawful practice of
his or her profession.

Those Schedule 4 poisons approved by the Secretary that are required in the
practice of his or her profession for use in the eyes of patients. 15. A
registered podiatrist carrying on the lawful practice of his or her
profession. Those Schedule 4 poisons approved by the Secretary that are
required in the practice of his or her profession for the treatment of
conditions of the human foot. r. 5 16. A person who holds a permit to use
etorphine in accordance with the Act and these Regulations or a person
assisting that permit holder. Those morphine antagonists that are necessary
for administration as an antidote to etorphine. 17. An Australian Ski Patrol
Association Inc. qualified ski patroller. Those Schedule 4 poisons approved by
the Secretary that are required in the performance of a ski patroller's duties
for the treatment of emergencies.

Column 1 Column 2 18. A Director of State Emergency Services. Those Schedule 4
poisons or Schedule 8 poisons that are required in the performance of his or
her duties in an emergency coming within his or her jurisdiction. 19. A
municipal council, an environmental health officer or a nurse employed or
appointed by a municipal council. Those Schedule 4 poisons that are necessary
for immunisation programs coordinated by a municipal council in accordance
with its functions under the Health Act 1958. 20 A registered dental hygienist
or registered dental therapist. Those Schedule 4 poisons approved by the
Secretary that are required for the provision of dental care by the registered
dental hygienist or registered dental therapist. r. 5 21. An orthoptist
practising under the direction of a registered medical practitioner or an
authorised optometrist. Those Schedule 4 poisons that are local anaesthetics
and cycloplegics in topical ophthalmic preparations for the use in the eyes of
patients.

(2) A nurse is authorised to possess those Schedule 4 poisons, Schedule 8
poisons or Schedule 9 poisons that are necessary for administration to a
patient under the care of that nurse in accordance with-

   (a)  the instructions of and upon the authorisation for that patient by-

   (i)  in the case of a Schedule 4 poison, Schedule 8 poison or Schedule 9
        poison, a registered medical practitioner or dentist; or

   (ii) in the case of a Schedule 4 poison or Schedule 8 poison, a nurse
        practitioner; or

   (iii) in the case of a Schedule 4 poison specified in his or her
        endorsement of registration, an authorised optometrist or an
        authorised podiatrist; or

   (b)  the conditions of a permit to purchase or obtain and use a poison or
        controlled substance for the provision of health services; or

   (c)  the approval of the Secretary under subregulation (3).

(3) Subject to subregulation (4), the Secretary may approve the possession of
a Schedule 4 poison, Schedule 8 poison or Schedule 9 poison by a nurse or
class of nurses without the direct supervision of-

   (a)  in the case of a Schedule 4 poison, Schedule 8 poison or Schedule 9
        poison, a registered medical practitioner or dentist; or

   (b)  in the case of a Schedule 4 poison or Schedule 8 poison, a nurse
        practitioner; or

   (c)  in the case of a Schedule 4 poison specified in his or her endorsement
        of registration, an authorised optometrist or an authorised
        podiatrist.

(4) The Secretary must not grant an approval referred to in subregulation (3)
unless the Secretary considers that the approval-

   (a)  is necessary for the provision of health services; and

   (b)  is within the competence of a nurse without the direct supervision of
        a registered medical practitioner, dentist, nurse practitioner, an
        authorised optometrist or an authorised podiatrist (as the case
        requires).