DRUGS, POISONS AND CONTROLLED SUBSTANCES ACT 1981
Table of Provisions
- 1 Short title and commencement
PART I--INTRODUCTORY AND TRANSITIONAL
- 2 Repeals and revocations
- 3 Savings
- 4 Definitions
- 4A Act does not apply to certain processed products
- 5 Meaning of possession
- 6 Meaning of corresponding law
- 7 Act not to derogate from provisions of certain other Acts
- 8 References in other Acts
- 9 Revocation of proclamation etc.
- 11 Act to bind the Crown
PART II--POISONS AND CONTROLLED SUBSTANCES
Division 1--Classification
- 12 Poisons Code
- 12A The Poisons List
- 12B Requirements for labelling and other matters
- 12C What if the Poisons Code conflicts with the Act or regulations?
- 12D Incorporation of the Poisons Standard
- 12E Amendment of Code
- 12F Status of the Poisons Code
- 12G Procedure for preparation of the Poisons Code
- 12H Tabling before Parliament
- 12I Availability of Code
- 12J What if documents are not notified or made available?
- 12K Commencement of Poisons Code and incorporated materials
- 12L Evidence
Division 2--Authorized persons
- 13 Persons authorized to have possession etc. of poisons or controlled substances
- 13A Chinese medicine practitioners and herbal dispensers must establish therapeutic need
- 14 Restrictions on authorisations for certain health practitioners
- 14A Minister to approve scope of prescribing rights or supply of poisons
Division 3--Poisons Advisory Committee
- 15 Establishment and membership of Poisons Advisory Committee
- 15A Terms and conditions of appointment
- 15B Resignation and removal
- 15C Vacancies
- 15D Quorum and proceedings
- 15E Co-opted members
- 16 Sub-committees
- 17 Functions of the Committee
- 18 Officers of committee
Division 5--Public health emergencies
- 22D When a public health emergency order may be made
- 22E Matters to be specified in a public health emergency order
- 22F What a public health emergency order authorises
- 22G Extending, amending and revoking orders
- 22H Orders under this Division to be published in Government Gazette
Division 6--Animal health and welfare emergencies
Division 8--Manufacture and sale of poisons or controlled substances
Division 9--Monitored poisons database
- 30A Secretary may establish monitored poisons database
- 30B Powers of Secretary in relation to monitored poisons database
- 30C Access, use and disclosure of information on monitored poisons database
- 30D Data source entity to provide records and information to monitored poisons database
- 30E Pharmacist to check monitored poisons database before supply of monitored supply poison
- 30F Registered medical practitioner to check monitored poisons database before prescription or supply of monitored supply poison
- 30G Nurse practitioner to check monitored poisons database before prescription or supply of monitored supply poison
- 30H Authorised supplier to check monitored poisons database before prescription or supply of monitored supply poison
- 30I Offences relating to access or use of monitored poisons database unless authorised
- 30J Protection from liability for duties and functions in relation to monitored poisons database
Division 10--Drugs of dependence, Schedule 8 poisons, Schedule 9 poisons and Schedule 4 poisons
- 31 Definitions
- 32 Record keeping in relation to sale or supply of drugs of addiction
- 32A Required notification to Secretary—drugs of dependence and Schedule 4, Schedule 8 and Schedule 9 poisons
- 33A Application for permit to administer, supply or prescribe Schedule 9 poisons
- 33B Schedule 9 permit
- 33C Offence not to comply with Schedule 9 permit
- 33D Offence to administer Schedule 9 poisons without permit
- 34 Requirement to apply for Schedule 8 permit
- 34A Schedule 8 permit
- 34B Offence to administer etc. Schedule 8 poisons to drug-dependent person
- 34C Offence to administer etc. Schedule 8 poisons to person who is not a drug-dependent person
- 34D Exception to Schedule 8 permit requirement—specified circumstances
- 34E Exceptions to Schedule 8 permit requirement—multiple practitioners at medical clinic
- 34F Exception to Schedule 8 permit requirement—patients in prisons, police gaols, aged care services and hospitals
- 35 Offence not to comply with Schedule 8 permit
- 35A Secretary may specify circumstances for purposes of section 34D
- 35B Composite forms
- 36A Forgery
- 36B Unauthorized possession etc. of poison or controlled substance etc.
Division 10A--Administration of medication in aged care services
- 36C Effect of this Division
- 36D Definitions
- 36E Administration of drugs of dependence, Schedule 9 poisons, Schedule 8 poisons and Schedule 4 poisons in aged care services
- 36F Registered nurse to have regard to code or guideline
Division 11--Appeals
Division 12--Sale of poisons book
- 38 Record of sale of poisons
- 38A Authorised possession of certain poisons
- 40 Sale or supply of poisons or controlled substances to persons under age
Division 13--Authorized officers
Division 13A--Authorised police employees and other authorised persons
Division 14--Offences
Division 15--Poison baits
- 52 Setting of poison baits
- 53 Regulations
Division 16--Poisons in roads and waterways
Division 17--Prohibition of poisons or controlled substances
- 55 Prohibiting sale or supply of poisons or controlled substances
PART IIA--MEDICALLY SUPERVISED INJECTING CENTRE
Division 1--Preliminary
- 55A Object
- 55B Meaning of director and supervisor of licensed medically supervised injecting centre
Division 2--Medically supervised injecting centre licence
- 55C Medically supervised injecting centre may be licensed
- 55D Limit on number of medically supervised injecting centre licences
- 55E Internal management protocols
- 55EA Agreements and deeds as to transitional obligations
- 55EB Penalty for breach of transitional obligation or termination of agreement or deed
- 55F Commencement, expiry and extension of medically supervised injecting centre licence
- 55G Notices regarding licence
- 55H Conditions of medically supervised injecting centre licence
- 55I Disciplinary action
- 55J Secretary's power to revoke licence
- 55JA Transfer of licence
Division 3--Miscellaneous
- 55K Exemptions from criminal liability and authorizations for clients of centre
- 55L Exemptions from criminal liability and authorizations for licensee and staff
- 55M Police discretions not affected
- 55N Exemption from civil liability
- 55O Planning permit not required
- 55P Review of this Part and licensing of medically supervised injecting centre for trial period
- 55PA Second review of this Part and licensing of medically supervised injecting centre
- 55Q Regulations for this Part
PART III--MANUFACTURE OF HEROIN
PART IIIA--PSYCHOACTIVE SUBSTANCES
- 56A Definitions
- 56B Burden of proof
- 56C Representation that not for human consumption not a defence
- 56D Offence to produce psychoactive substance
- 56E Offence to sell or supply psychoactive substance
- 56F Offence to advertise psychoactive substance
PART IV--DELETERIOUS SUBSTANCES AND SEARCH, SEIZURE AND DETENTION POWERS RELATING TO VOLATILE SUBSTANCES
Division 1--Deleterious substances
- 57 Definitions
- 58 Sale of deleterious substances
- 59 Matters to which this Part does not apply
- 60 Evidence
Division 2--Volatile substances
- 60A Purpose of Division
- 60B Police or protective services officer to take into account the best interests of person under 18 years of age
- 60BA Protective services officer may exercise police powers under this Division
- 60C Where can police powers under this Division be exercised?
- 60D Police may use reasonable force
- 60E Police may search person under 18 years of age without warrant
- 60F Search of person irrespective of age without warrant
- 60G Before search, police to identify self
- 60H Before search, police to give information and request production of substance or item
- 60I Request for explanation before seizure of volatile substances and items used to inhale volatile substances
- 60J Seizure of volatile substances and items used to inhale when explanation given
- 60K Seizure of volatile substances and items used to inhale when no explanation given
- 60L Apprehension and detention
- 60M How long may a person be detained and where?
- 60N Return of seized or produced volatile substances and items used to inhale volatile substances
- 60O Disposal or making safe of volatile substances and items used to inhale volatile substances
- 60P Forfeiture to Crown
- 60Q Records concerning searches, seizure, receipt or disposal of property, apprehensions and detentions
- 60R Person may request record
- 60S Chief Commissioner to report on actions under this Division
- 60T Regulations
PART IVA--AUTHORITIES FOR LOW‑THC CANNABIS
Division 1--Authorities for low-THC cannabis
- 61 Definitions
- 62 Application for authority to cultivate and process low-THC cannabis
- 63 Secretary must investigate application
- 63A When Secretary must refuse to issue authority
- 64 Matters to be considered in determining applications
- 65 Determination of applications
- 66 Terms and conditions of authorities
- 66A Application of prescribed terms and conditions
- 67 Renewal of authorities
- 68 Authority not transferable
- 69 Amendment of authorities
- 69A Suspension or cancellation
- 69AB Delegation
- 69AC Procedure for decisions based on protected information
- 69B Review by VCAT
- 69BA VCAT to inquire on grounds for refusal
- 69BB Appointment of special counsel
- 69BC Procedure for hearing—protected information
- 69BD Decision of VCAT where protected information exists
- 69BE Chief Commissioner of Police may request Secretary reconsider decision without protected information
- 69BF General provisions for hearing matters involving protected information
- 69C Offence to contravene authority
- 69D Catchment and Land Protection Act does not apply
Division 2--Inspection and enforcement
- 69E Inspectors under this Part
- 69F General powers of inspectors
- 69G Inspector may order harvest or treatment
- 69H Inspector has power to detain or seize
- 69I What happens if an inspector detains or seizes plants, crops or products?
- 69J Appeal to Secretary if disposal or destruction ordered
- 69K Offences relating to inspector's exercise of power
- 69L Inspector may possess cannabis for purposes of this Part
- 69LA Infringement notices
- 69LB Infringement penalty
Division 3--Regulations under this Part
PART IVB--LICENCES TO CULTIVATE ALKALOID POPPIES AND PROCESS POPPY STRAW
Division 1--Preliminary
- 69N Definitions
- 69NA Meaning of associate
- 69NB Matters to be considered in determining a fit and proper person
Division 2--Poppy cultivation licence
- 69O Application for poppy cultivation licence
- 69OA Secretary must investigate application
- 69OB Determining an application
- 69OC Terms and conditions of a poppy cultivation licence
- 69OD Poppy cultivation licence is not transferable
- 69OE Employee of licensed grower authorised to undertake activities under licence
- 69OF Employee identification certificate issued by licensed grower
- 69OG Application for renewal of licence
- 69OH Secretary must investigate renewal application
- 69OI Determining a renewal application
Division 3--Poppy processing licence
- 69P Application for poppy processing licence
- 69PA Secretary must investigate application
- 69PB Determining an application
- 69PC Terms and conditions of a poppy processing licence
- 69PD Poppy processing licence is not transferable
- 69PE Employee of licensed processor authorised to undertake activities under licence
- 69PF Employee identification certificate issued by licensed processor
- 69PG Application for renewal of licence
- 69PH Secretary must investigate renewal application
- 69PI Determining a renewal application
Division 4--General provisions applying to a poppy cultivation licence or poppy processing licence
Division 5--Inspection and enforcement
- 69R Inspectors under this Part
- 69RA Inspectors identification certificate
- 69RB General powers of inspector
- 69RC Procedure on seizing a document, thing or taking a sample
- 69RD Power to use electronic equipment at premises
- 69RE Power to copy information on electronic storage devices
- 69RF Inspector must not damage equipment
- 69RG Inspector may possess alkaloid poppies or poppy straw
- 69RH Inspector has power to detain or seize alkaloid poppies or poppy straw
- 69RI Procedure on detaining or seizing alkaloid poppies or poppy straw
- 69RJ Secretary has power to dispose or deal with seized alkaloid poppies or poppy straw
- 69RK Retention and return of seized alkaloid poppies or poppy straw
- 69RL Magistrates' Court may extend 3 month period
- 69RM Forfeiture, harvest and destruction of alkaloid poppies or poppy straw
- 69RN Recovery of costs
- 69RO Inspector may access ratepayer information
- 69RP Protection against self-incrimination
- 69RQ Power to issue infringement notices
- 69RR Infringement penalty
Division 6--Offences
- 69S Offence to fail to report the amendment or cancellation of a contract
- 69SA Offence to fail to report amendment or cancellation
- 69SB Offence to fail to report on any change of details of the licensed grower or the licensed processor
- 69SC Offence to fail to surrender licence on suspension or cancellation
- 69SD Offence to contravene a licence
- 69SE Offence to fail to prohibit access to premises
- 69SF Offence to fail to carry and produce identification certificate
- 69SG Offence to employ disqualified persons under licence
- 69SH Offence for disqualified person to be employed by licensed grower or licensed processor
- 69SI Employee must comply with terms and conditions of licence
- 69SJ Criminal liability of licensed grower or licensed processor—failure to exercise due diligence
- 69SK Offence to fail to provide an identification certificate for employees
- 69SL Offence to hinder or obstruct inspector
- 69SM Offence to remove detained or seized alkaloid poppies or poppy straw
Division 7--Alkaloid poppy register
- 69T Alkaloid poppy register
- 69TA Request to register a contract
- 69TB Access to the alkaloid poppy register restricted
- 69TC Person with access to alkaloid poppy register not to disclose personal information from it
- 69TD Delegation
Division 8--Review by VCAT
- 69U Refusal of licence or renewal of licence on grounds of protected information
- 69UA Review by VCAT
- 69UB VCAT to inquire on grounds for refusal
- 69UC Appointment of special counsel
- 69UD Procedure for hearing—protected information
- 69UE Decision of VCAT where protected information exists
- 69UF General provisions for hearing matters involving protected information
Division 9--Regulations
PART V--DRUGS OF DEPENDENCE AND RELATED MATTERS
- 70 Definitions
- 71 Trafficking in a drug or drugs of dependence—large commercial quantity
- 71AA Trafficking in a drug or drugs of dependence—commercial quantity
- 71AB Trafficking in a drug of dependence to a child
- 71AC Trafficking in a drug of dependence
- 71AD Use of violence or threats to cause trafficking in drug of dependence
- 71A Possession of substance, material, documents or equipment for trafficking in a drug of dependence
- 71B Supply of drug of dependence to a child
- 71C Possession of tablet press
- 71D Possession of precursor chemicals
- 71E Possession of document containing information about trafficking or cultivating a drug of dependence
- 71F Publication of document containing instructions
- 72 Cultivation of narcotic plants—large commercial quantity
- 72A Cultivation of narcotic plants—commercial quantity
- 72B Cultivation of narcotic plants
- 72C Defence to prosecution for offences involving cultivation
- 72D Permitting use of premises for trafficking or cultivation of drug of dependence
- 73 Possession of a drug of dependence
- 74 Introduction of a drug of dependence into the body of another person
- 75 Use of drug of dependence
- 76 Adjourned bonds to be given in certain cases
- 77 Forging prescriptions and orders for drugs of dependence
- 78 Obtaining drugs of dependence etc. by false representation
- 79 Conspiring
- 80 Inciting etc.
PART VA--COCAINE KITS
Division 1--Cocaine kits
- 80A What is a cocaine kit?
- 80B Offence to display a cocaine kit in a retail outlet
- 80C Offence to sell a cocaine kit
Division 2--Enforcement
- 80D Seizure of cocaine kits
- 80E Retention and return of seized cocaine kits
- 80F Magistrates' Court may extend 3 month period
- 80G Forfeiture and destruction of seized cocaine kits
- 80H Court may order forfeiture to the Crown
PART VAB--ICE PIPES
- 80HA Definition
- 80HB Offence to display an ice pipe in a retail outlet
- 80HC Offence to sell or supply an ice pipe
- 80HD Seizure of ice pipes
- 80HE Retention and return of seized ice pipes
- 80HF Magistrates' Court may extend 3 month period
- 80HG Forfeiture and destruction of seized ice pipe
- 80HH Court may order forfeiture to the Crown
PART VB--PRECURSOR CHEMICALS AND APPARATUS
Division 1--Preliminary
Division 2--Category 1 precursor chemicals
- 80J Supply of category 1 precursor chemicals
- 80K Storage of category 1 precursor chemicals
Division 3--Category 2 precursor chemicals and category 3 precursor apparatus
- 80L Supply of category 2 precursor chemicals
- 80M Supply of category 3 precursor apparatus
Division 4--Transaction records
- 80N End user declarations to be kept
- 80O Record of supply—category 1 precursor chemical
- 80P Record of supply—category 2 precursor chemical
- 80Q Record of supply of category 3 precursor apparatus
- 80R Police may inspect records
- 80S Offence not to produce records
PART VC--CANNABIS WATER PIPES AND HOOKAHS
Division 1--Display, sale and supply
- 80T Definitions
- 80TA Part not to apply in relation to pharmacist dealing with medicinal cannabis vaporiser
- 80U Offence to display cannabis water pipe, bong component or bong kit in retail outlet
- 80V Offence to sell cannabis water pipe, bong component or bong kit
- 80W Offence to supply cannabis water pipe, bong component or bong kit in course of carrying out commercial activity
- 80X Display for sale of hookahs in retail outlet
Division 2--Enforcement
- 80Y Power to issue infringement notices
- 80Z Infringement penalty
- 80ZA Seizure of cannabis water pipes, bong components or bong kits
- 80ZB Retention and return of seized items
- 80ZC Magistrates' Court may extend 3 month period
- 80ZD Forfeiture and destruction of seized items
- 80ZE Court may order forfeiture to the Crown
PART VI--SEARCH SEIZURE AND FORFEITURE
- 80ZF Definitions
- 81 Warrant to search premises
- 81A Notice that seized thing or document is being held for purposes of Confiscation Act 1997
- 81B Application for tainted property to be held or retained—return of warrant to court
- 81C Court may make direction
- 81D Notice of direction under section 81C
- 81E Effect of directions under sections 81(1A) and 81C
- 82 Search without warrant
- 82A Protective services officer may exercise police powers under section 82 to search without warrant
- 83 Forfeiture of drug of dependence or substance before conviction
- 90 Appeals
- 91 Destruction of drugs of dependence and psychoactive substances—health and safety
- 92 Delegated police officers
- 93 Certificate and report to be provided to Chief Commissioner of Police
- 94 Request for copies
- 95 IBAC Commissioner to inspect and report
- 96 Annual reports
PART VIA--DECLARED TESTING FACILITIES
- 97 Declared testing facilities
- 98 Supply of things to declared testing facility
PART VII--PROCEEDINGS
PART IX--EVIDENTIARY
- 118 List of licences and permits
- 119 Evidentiary
- 120 Analyst's etc. certificates
- 121 Evidentiary effect of certain statements
- 122 Proof that a substance is poison etc.
- 122A Evidence of market value of drugs of dependence
- 123 General offence
PART XI--REGULATIONS
PART XII--TRANSITIONAL PROVISIONS
- 134 References
- 135 Instruments to continue
- 135A Transitional provisions—Drugs, Poisons and Controlled Substances (Amendment) Act 1994
- 136 Continuity of Poisons Advisory Committee
- 137 Transitional provisions—Drugs, Poisons and Controlled Substances (Amendment) Act 2001
- 138 Refund of licence fee in relation to Schedule 5 poisons and Schedule 6 poisons
- 139 Transitional provisions relating to licences—Drugs, Poisons and Controlled Substances and Therapeutic Goods (Victoria) Acts (Amendment) Act 2004
- 140 Transitional provisions—Drugs, Poisons and Controlled Substances (Amendment) Act 2006
- 141 Drug Rehabilitation and Research Fund
- 142 Transitional provisions—Drugs, Poisons and Controlled Substances Amendment Act 2008
- 143 Transitional provision—Criminal Procedure Amendment Act 2012
- 144 Transitional provisions—Drugs, Poisons and Controlled Substances Amendment Act 2016
- 145 Transitional—Drugs, Poisons and Controlled Substances Miscellaneous Amendment Act 2017
- 147 Transitional—Justice Legislation Amendment (Police and Other Matters) Act 2019
- 148 Transitional provision—Primary Industries Legislation Amendment Act 2019
- 149 Transitional provision—Drugs, Poisons and Controlled Substances Amendment (Medically Supervised Injecting Centre) Act 2023
