Victorian Consolidated Regulations

Drugs, Poisons and Controlled Substances Regulations 2006 - SECT 51

Exceptions

51. Exceptions



(1) Regulation 50 does not apply to-

   (a)  a Schedule 8 poison or Schedule 9 poison destroyed by or under the
        supervision of an authorised officer; or

   (b)  a Schedule 8 poison or Schedule 9 poison for which a court order has
        been granted for its destruction; or

   (c)  a Schedule 8 poison or Schedule 9 poison which has been taken into
        possession by a member of the police force and for which an order for
        destruction has been issued by an officer of rank not below that of
        Inspector of the Victoria Police; or

   (d)  a narcotic plant or seed of any narcotic plant as defined in section
        70 of the Act.

(2) Subject to subregulation (5), regulation 50 does not apply to a Schedule 8
poison if-

   (a)  it is destroyed by a nurse practitioner in the presence of another
        person who is a registered medical practitioner, pharmacist,
        veterinary practitioner, dentist or nurse; and





   (b)  the details of the destruction are recorded in the records required to
        be kept under regulation 40, including-

   (i)  the name, strength and quantity of the poisons or controlled
        substances destroyed; and

   (ii) the method and place of destruction; and

   (iii) the names of the persons carrying out the destruction; and

   (iv) the names of the witnesses.

(3) Subject to subregulation (5), regulation 50 does not apply to a Schedule 8
poison or Schedule 9 poison if-

   (a)  it is destroyed by a registered medical practitioner, pharmacist,
        veterinary practitioner or dentist in the presence of another person
        who is a registered medical practitioner, pharmacist, veterinary
        practitioner, dentist or nurse; and

   (b)  the details of the destruction are recorded in the records required to
        be kept under regulation 40, including-

   (i)  the name, strength and quantity of the poisons or controlled
        substances destroyed; and

   (ii) the method and place of destruction; and

   (iii) the names of the persons carrying out the destruction; and

   (iv) the names of the witnesses.

(4) Subject to subregulation (5), regulation 50 does not apply to the unused
contents of a previously sterile container containing a Schedule 8 poison or a
Schedule 9 poison that are not required for administration to a patient if-

   (a)  those contents are destroyed by a registered medical practitioner,
        pharmacist, veterinary practitioner, dentist or nurse; and

   (b)  the details of the destruction are recorded in the records required to
        be kept under regulation 40, including-

   (i)  the name, strength and quantity of the poisons or controlled
        substances destroyed; and

   (ii) the method and place of destruction; and

   (iii) the name of the person carrying out the destruction.

(4A) Subject to subregulation (5), regulation 50 does not apply to the unused
contents of a previously sterile container containing a Schedule 8 poison
listed in the health services permit held by an ambulance service within the
meaning of the Ambulance Services Act 1986 that are not required for
administration to a patient if-

   (a)  those contents are destroyed by an operational staff member (within
        the meaning of that Act) of that ambulance service; and

   (b)  the details of the destruction are recorded in the records required to
        be kept under regulation 40, including-

   (i)  the name, strength and quantity of the poison or controlled substances
        destroyed; and

   (ii) the method and place of destruction; and

   (iii) the name of the person carrying out the destruction.

(5) The Secretary may direct a person referred to in subregulation (2), (3),
(4) or (4A) to comply with any requirements relating to the destruction of a
Schedule 8 poison or Schedule 9 poison (as the case requires) specified in
writing by the Secretary.

Division 8-Cultivation of narcotic plants