Drugs, Poisons and Controlled Substances Act 1981 (Vic)

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Version No. 142

Drugs, Poisons and Controlled Substances Act 1981

No. 9719 of 1981

Version incorporating amendments as at


12 November 2025

TABLE OF PROVISIONS

Section  Page

1Short title and commencement

Part I—Introductory and transitional

2Repeals and revocations

3Savings

4Definitions

4AAct does not apply to certain processed products

4BMeaning of drug‑checking place

4CMeaning of drug‑checking service

5Meaning of possession

6Meaning of corresponding law

7Act not to derogate from provisions of certain other Acts

8References in other Acts

9Revocation of proclamation etc.

11Act to bind the Crown

Part II—Poisons and controlled substances

Division 1—Classification

12Poisons Code

12AThe Poisons List

12BRequirements for labelling and other matters

12CWhat if the Poisons Code conflicts with the Act or regulations?

12DIncorporation of the Poisons Standard

12EAmendment of Code

12FStatus of the Poisons Code

12GProcedure for preparation of the Poisons Code

12HTabling before Parliament

12IAvailability of Code

12JWhat if documents are not notified or made available?

12KCommencement of Poisons Code and incorporated materials

12LEvidence

Division 2—Authorized persons

13Persons authorized to have possession etc. of poisons or controlled substances

13AChinese medicine practitioners and herbal dispensers must establish therapeutic need

14Restrictions on authorisations for certain health practitioners

14AMinister to approve scope of prescribing rights or supply of poisons

Division 3—Poisons Advisory Committee

15Establishment and membership of Poisons Advisory Committee

15ATerms and conditions of appointment

15BResignation and removal

15CVacancies

15DQuorum and proceedings

15ECo-opted members

16Sub-committees

17Functions of the Committee

18Officers of committee

Division 4—Licences, permits and warrants

Subdivision 1—Preliminary

18ADefinitions

Subdivision 2—Principal provisions

19Issue of licences, permits and warrants

20What a licence, permit or warrant can authorise

20AAWhat a drug‑checking permit authorises

20AABConditions of drug‑checking permit

20AClass approvals

20BRevocation or variation of class approvals

21Duration of a licence, permit or warrant

22Renewal of licences and permits

22AAmendment

22BInspection

22CSuspension or cancellation

Subdivision 3—Approval of areas under mobile drug‑checking permits

22CAApproval of area within permanent structure for purposes of mobile drug‑checking permit

22CBForm of applications and approvals

Subdivision 4—Miscellaneous provisions for drug‑checking permits

22CCMeaning of client

22CDExemption from criminal liability and authorizations for clients

22CEPolice discretions not affected

22CFExemption for permit holders and drug‑checking workers

22CGExemption relating to possession under section 5

22CHExemption from civil liability

22CIPlanning permit not required

22CJRegulations

Division 5—Public health emergencies

22DWhen a public health emergency order may be made

22EMatters to be specified in a public health emergency order

22FWhat a public health emergency order authorises

22GExtending, amending and revoking orders

22HOrders under this Division to be published in Government Gazette

Division 6—Animal health and welfare emergencies

22IDefinitions

22JWhen an animal health and welfare emergency order may be made

22KMatters to be specified in an animal health and welfare emergency order

22LWhat an animal health and welfare emergency order authorises

22MExtending, amending and revoking orders

22NDelegation

22OOrders under this Division to be published in Government Gazette

Division 8—Manufacture and sale of poisons or controlled substances

23Manufacture, sale and supply of poisons or controlled substances by wholesale

24Wholesaling of certain poisons

26Retailing of poisons or controlled substances

27Sale of poisons or controlled substances by persons other than manufacturers etc.

27AOffences concerning labelling and other matters

28House to house sale of poisons or controlled substances prohibited

29Sale of substances in unauthorised containers

30Vending machines for poisons or controlled substances

Division 9—Monitored poisons database

30ASecretary may establish monitored poisons database

30BPowers of Secretary in relation to monitored poisons database

30CAccess, use and disclosure of information on monitored poisons database

30DData source entity to provide records and information to monitored poisons database

30EPharmacist to check monitored poisons database before supply of monitored supply poison

30FRegistered medical practitioner to check monitored poisons database before prescription or supply of monitored supply poison

30GNurse practitioner to check monitored poisons database before prescription or supply of monitored supply poison

30GAParamedic practitioner to check monitored poisons database before prescription or supply of monitored supply poison

30HAuthorised supplier to check monitored poisons database before prescription or supply of monitored supply poison

30IOffences relating to access or use of monitored poisons database unless authorised

30JProtection 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

Subdivision 1—Introductory matters and records

31Definitions

32Record keeping in relation to sale or supply of drugs of addiction

32ARequired notification to Secretary—drugs of dependence and Schedule 4, Schedule 8 and Schedule 9 poisons

Subdivision 3—Schedule 9 poisons

33AApplication for permit to administer, supply or prescribe Schedule 9 poisons

33BSchedule 9 permit

33COffence not to comply with Schedule 9 permit

33DOffence to administer Schedule 9 poisons without permit

Subdivision 4—Schedule 8 poisons

34Requirement to apply for Schedule 8 permit

34ASchedule 8 permit

34BOffence to administer etc. Schedule 8 poisons to drug-dependent person

34COffence to administer etc. Schedule 8 poisons to person who is not a drug-dependent person

34DException to Schedule 8 permit requirement—specified circumstances

34EExceptions to Schedule 8 permit requirement—multiple practitioners at medical clinic

34FException to Schedule 8 permit requirement—patients in prisons, police gaols, aged care services and hospitals

35Offence not to comply with Schedule 8 permit

Subdivision 5—General

35ASecretary may specify circumstances for purposes of section 34D

35BComposite forms

36AForgery

36BUnauthorized possession etc. of poison or controlled substance etc.

Division 10A—Administration of medication in aged care services

36CEffect of this Division

36DDefinitions

36EAdministration of drugs of dependence, Schedule 9 poisons, Schedule 8 poisons and Schedule 4 poisons in aged care services

36FRegistered nurse to have regard to code or guideline

Division 11—Appeals

37Appeals

Division 12—Sale of poisons book

38Record of sale of poisons

38AAuthorised possession of certain poisons

40Sale or supply of poisons or controlled substances to persons under age

Division 13—Authorized officers

41Secretary may authorize person to carry out functions of authorized officer

42Inspections

42APowers of authorized officers to access, use and disclose information on monitored poisons database

43Duties of officers in relation to seized substances

44Persons who are liable for contravention of Act

Division 13A—Authorised police employees and other authorised persons

44AChief Commissioner may authorise person to carry out functions of authorised police employee

44BPowers, duties and functions of authorised police employee

44COther authorised persons

Division 14—Offences

45Time within which charge-sheet to be filed

46Offences

47Maximum sentence etc.

48Offence to receive certain moneys etc.

49Obtaining licence by fraud

50Immunity of authorized officers and authorised police employees

Division 15—Poison baits

52Setting of poison baits

53Regulations

Division 16—Poisons in roads and waterways

54Special regulations

Division 17—Prohibition of poisons or controlled substances

55Prohibiting sale or supply of poisons or controlled substances

Division 18—Compliance with Part II

Subdivision 1—Improvement notices

55AAPower to give improvement notice

55AABContent of improvement notice

55AACAmendment of improvement notice

55AADWithdrawal of improvement notice

55AAECriminal proceeding not affected by improvement notice

55AAFOffence to contravene improvement notice

Subdivision 2—Prohibition notices

55AAGPower to give prohibition notice

55AAHContent of prohibition notice

55AAIAmendment of prohibition notice

55AAJWithdrawal of prohibition notice

55AAKCriminal proceeding not affected by prohibition notice

55AALOffence to contravene prohibition notice

Subdivision 3—Enforceable undertakings

55AAMPower to accept an enforceable undertaking

55AANAmendment or withdrawal of enforceable undertaking

55AAONo criminal proceeding if enforceable undertaking is complied with

55AAPNo criminal proceeding while enforceable undertaking is in force

55AAQCriminal proceeding if enforceable undertaking is withdrawn

55AAREnforcement of enforceable undertaking by Magistrates' Court

55AASEnforcement of enforceable undertaking order by Secretary

Subdivision 4—Information or document production notices

55AATPower to give information or document production notice

55AAUOffence to contravene information or document production notice

55AAVProtection against self‑incrimination

55AAWAdmissibility of document produced under information or document production notice

55AAXOffence to provide false or misleading information

Subdivision 5—Review by VCAT

55AAYApplication for review by VCAT

Subdivision 6—Infringement notices

55AAZInfringement notice

Part IIA—Medically supervised injecting centre

Division 1—Preliminary

55AObject

55BMeaning of director and supervisor of licensed medically supervised injecting centre

Division 2—Medically supervised injecting centre licence

55CMedically supervised injecting centre may be licensed

55DLimit on number of medically supervised injecting centre licences

55EInternal management protocols

55EAAgreements and deeds as to transitional obligations

55EBPenalty for breach of transitional obligation or termination of agreement or deed

55FCommencement, expiry and extension of medically supervised injecting centre licence

55GNotices regarding licence

55HConditions of medically supervised injecting centre licence

55IDisciplinary action

55JSecretary's power to revoke licence

55JATransfer of licence

Division 3—Miscellaneous

55KExemptions from criminal liability and authorizations for clients of centre

55LExemptions from criminal liability and authorizations for licensee and staff

55MPolice discretions not affected

55NExemption from civil liability

55OPlanning permit not required

55PReview of this Part and licensing of medically supervised injecting centre for trial period

55PASecond review of this Part and licensing of medically supervised injecting centre

55QRegulations for this Part

Part III—Manufacture of heroin

56Manufacture of heroin etc.

Part IIIA—Psychoactive substances

56ADefinitions

56BBurden of proof

56CRepresentation that not for human consumption not a defence

56DOffence to produce psychoactive substance

56EOffence to sell or supply psychoactive substance

56FOffence to advertise psychoactive substance

Part IV—Deleterious substances and search, seizure and detention powers relating to volatile substances

Division 1—Deleterious substances

57Definitions

58Sale of deleterious substances

59Matters to which this Part does not apply

60Evidence

Division 2—Volatile substances

60APurpose of Division

60BPolice or protective services officer to take into account the best interests of person under 18 years of age

60BAProtective services officer may exercise police powers under this Division

60CWhere can police powers under this Division be exercised?

60DPolice may use reasonable force

60EPolice may search person under 18 years of age without warrant

60FSearch of person irrespective of age without warrant

60GBefore search, police to identify self

60HBefore search, police to give information and request production of substance or item

60IRequest for explanation before seizure of volatile substances and items used to inhale volatile substances

60JSeizure of volatile substances and items used to inhale when explanation given

60KSeizure of volatile substances and items used to inhale when no explanation given

60LApprehension and detention

60MHow long may a person be detained and where?

60NReturn of seized or produced volatile substances and items used to inhale volatile substances

60ODisposal or making safe of volatile substances and items used to inhale volatile substances

60PForfeiture to Crown

60QRecords concerning searches, seizure, receipt or disposal of property, apprehensions and detentions

60RPerson may request record

60SChief Commissioner to report on actions under this Division

60TRegulations

Part IVA—Authorities for low‑THC cannabis

Division 1—Authorities for low-THC cannabis

61Definitions

62Application for authority to cultivate and process low-THC cannabis

63Secretary must investigate application

63AWhen Secretary must refuse to issue authority

64Matters to be considered in determining applications

65Determination of applications

66Terms and conditions of authorities

66AApplication of prescribed terms and conditions

67Renewal of authorities

68Authority not transferable

69Amendment of authorities

69ASuspension or cancellation

69ABDelegation

69ACProcedure for decisions based on protected information

69BReview by VCAT

69BAVCAT to inquire on grounds for refusal

69BBAppointment of special counsel

69BCProcedure for hearing—protected information

69BDDecision of VCAT where protected information exists

69BEChief Commissioner of Police may request Secretary reconsider decision without protected information

69BFGeneral provisions for hearing matters involving protected information

69COffence to contravene authority

69DCatchment and Land Protection Act does not apply

Division 2—Inspection and enforcement

69EInspectors under this Part

69FGeneral powers of inspectors

69GInspector may order harvest or treatment

69HInspector has power to detain or seize

69IWhat happens if an inspector detains or seizes plants, crops or products?

69JAppeal to Secretary if disposal or destruction ordered

69KOffences relating to inspector's exercise of power

69LInspector may possess cannabis for purposes of this Part

69LAInfringement notices

69LBInfringement penalty

Division 3—Regulations under this Part

69MRegulations

Part IVB—Licences to cultivate alkaloid poppies and process poppy straw

Division 1—Preliminary

69NDefinitions

69NAMeaning of associate

69NBMatters to be considered in determining a fit and proper person

Division 2—Poppy cultivation licence

69OApplication for poppy cultivation licence

69OASecretary must investigate application

69OBDetermining an application

69OCTerms and conditions of a poppy cultivation licence

69ODPoppy cultivation licence is not transferable

69OEEmployee of licensed grower authorised to undertake activities under licence

69OFEmployee identification certificate issued by licensed grower

69OGApplication for renewal of licence

69OHSecretary must investigate renewal application

69OIDetermining a renewal application

Division 3—Poppy processing licence

69PApplication for poppy processing licence

69PASecretary must investigate application

69PBDetermining an application

69PCTerms and conditions of a poppy processing licence

69PDPoppy processing licence is not transferable

69PEEmployee of licensed processor authorised to undertake activities under licence

69PFEmployee identification certificate issued by licensed processor

69PGApplication for renewal of licence

69PHSecretary must investigate renewal application

69PIDetermining a renewal application

Division 4—General provisions applying to a poppy cultivation licence or poppy processing licence

69QAmendment of licences

69QASuspension or cancellation of licences

Division 5—Inspection and enforcement

69RInspectors under this Part

69RAInspectors identification certificate

69RBGeneral powers of inspector

69RCProcedure on seizing a document, thing or taking a sample

69RDPower to use electronic equipment at premises

69REPower to copy information on electronic storage devices

69RFInspector must not damage equipment

69RGInspector may possess alkaloid poppies or poppy straw

69RHInspector has power to detain or seize alkaloid poppies or poppy straw

69RIProcedure on detaining or seizing alkaloid poppies or poppy straw

69RJSecretary has power to dispose or deal with seized alkaloid poppies or poppy straw

69RKRetention and return of seized alkaloid poppies or poppy straw

69RLMagistrates' Court may extend 3 month period

69RMForfeiture, harvest and destruction of alkaloid poppies or poppy straw

69RNRecovery of costs

69ROInspector may access ratepayer information

69RPProtection against self-incrimination

69RQPower to issue infringement notices

69RRInfringement penalty

Division 6—Offences

69SOffence to fail to report the amendment or cancellation of a contract

69SAOffence to fail to report amendment or cancellation

69SBOffence to fail to report on any change of details of the licensed grower or the licensed processor

69SCOffence to fail to surrender licence on suspension or cancellation

69SDOffence to contravene a licence

69SEOffence to fail to prohibit access to premises

69SFOffence to fail to carry and produce identification certificate

69SGOffence to employ disqualified persons under licence

69SHOffence for disqualified person to be employed by licensed grower or licensed processor

69SIEmployee must comply with terms and conditions of licence

69SJCriminal liability of licensed grower or licensed processor—failure to exercise due diligence

69SKOffence to fail to provide an identification certificate for employees

69SLOffence to hinder or obstruct inspector

69SMOffence to remove detained or seized alkaloid poppies or poppy straw

Division 7—Alkaloid poppy register

69TAlkaloid poppy register

69TARequest to register a contract

69TBAccess to the alkaloid poppy register restricted

69TCPerson with access to alkaloid poppy register not to disclose personal information from it

69TDDelegation

Division 8—Review by VCAT

69URefusal of licence or renewal of licence on grounds of protected information

69UAReview by VCAT

69UBVCAT to inquire on grounds for refusal

69UCAppointment of special counsel

69UDProcedure for hearing—protected information

69UEDecision of VCAT where protected information exists

69UFGeneral provisions for hearing matters involving protected information

Division 9—Regulations

69VRegulations

Part V—Drugs of dependence and related matters

70Definitions

71Trafficking in a drug or drugs of dependence—large commercial quantity

71AATrafficking in a drug or drugs of dependence—commercial quantity

71ABTrafficking in a drug of dependence to a child

71ACTrafficking in a drug of dependence

71ADUse of violence or threats to cause trafficking in drug of dependence

71APossession of substance, material, documents or equipment for trafficking in a drug of dependence

71BSupply of drug of dependence to a child

71CPossession of tablet press

71DPossession of precursor chemicals

71EPossession of document containing information about trafficking or cultivating a drug of dependence

71FPublication of document containing instructions

72Cultivation of narcotic plants—large commercial quantity

72ACultivation of narcotic plants—commercial quantity

72BCultivation of narcotic plants

72CDefence to prosecution for offences involving cultivation

72DPermitting use of premises for trafficking or cultivation of drug of dependence

73Possession of a drug of dependence

74Introduction of a drug of dependence into the body of another person

75Use of drug of dependence

76Adjourned bonds to be given in certain cases

77Forging prescriptions and orders for drugs of dependence

78Obtaining drugs of dependence etc. by false representation

79Conspiring

80Inciting etc.

Part VA—Cocaine kits

Division 1—Cocaine kits

80AWhat is a cocaine kit?

80BOffence to display a cocaine kit in a retail outlet

80COffence to sell a cocaine kit

Division 2—Enforcement

80DSeizure of cocaine kits

80ERetention and return of seized cocaine kits

80FMagistrates' Court may extend 3 month period

80GForfeiture and destruction of seized cocaine kits

80HCourt may order forfeiture to the Crown

Part VAB—Ice pipes

80HADefinition

80HBOffence to display an ice pipe in a retail outlet

80HCOffence to sell or supply an ice pipe

80HDSeizure of ice pipes

80HERetention and return of seized ice pipes

80HFMagistrates' Court may extend 3 month period

80HGForfeiture and destruction of seized ice pipe

80HHCourt may order forfeiture to the Crown

Part VB—Precursor chemicals and apparatus

Division 1—Preliminary

80IApplication of Part

Division 2—Category 1 precursor chemicals

80JSupply of category 1 precursor chemicals

80KStorage of category 1 precursor chemicals

Division 3—Category 2 precursor chemicals and category 3 precursor apparatus

80LSupply of category 2 precursor chemicals

80MSupply of category 3 precursor apparatus

Division 4—Transaction records

80NEnd user declarations to be kept

80ORecord of supply—category 1 precursor chemical

80PRecord of supply—category 2 precursor chemical

80QRecord of supply of category 3 precursor apparatus

80RPolice may inspect records

80SOffence not to produce records

Part VC—Cannabis water pipes and hookahs

Division 1—Display, sale and supply

80TDefinitions

80TAPart not to apply in relation to pharmacist dealing with medicinal cannabis vaporiser

80UOffence to display cannabis water pipe, bong component or bong kit in retail outlet

80VOffence to sell cannabis water pipe, bong component or bong kit

80WOffence to supply cannabis water pipe, bong component or bong kit in course of carrying out commercial activity

80XDisplay for sale of hookahs in retail outlet

Division 2—Enforcement

80YPower to issue infringement notices

80ZInfringement penalty

80ZASeizure of cannabis water pipes, bong components or bong kits

80ZBRetention and return of seized items

80ZCMagistrates' Court may extend 3 month period

80ZDForfeiture and destruction of seized items

80ZECourt may order forfeiture to the Crown

Part VI—Search seizure and forfeiture

80ZFDefinitions

81Warrant to search premises

81ANotice that seized thing or document is being held for purposes of Confiscation Act 1997

81BApplication for tainted property to be held or retained—return of warrant to court

81CCourt may make direction

81DNotice of direction under section 81C

81EEffect of directions under sections 81(1A) and 81C

82Search without warrant

82AProtective services officer may exercise police powers under section 82 to search without warrant

83Forfeiture of drug of dependence or substance before conviction

90Appeals

91Destruction of drugs of dependence and psychoactive substances—health and safety interests

92Delegated police officers

93Certificate and report to be provided to Chief Commissioner of Police

94Request for copies

95IBAC Commissioner to inspect and report

96Annual reports

Part VIA—Declared testing facilities

97Declared testing facilities

98Supply of things to declared testing facility

Part VIAB—Service of documents

99Service

Part VII—Proceedings

102Identity of seller of substances

103Offences by corporations

104Burden of proof

Part IX—Evidentiary

118List of licences and permits

119Evidentiary

120Analyst's etc. certificates

121Evidentiary effect of certain statements

122Proof that a substance is poison etc.

122AEvidence of market value of drugs of dependence

123General offence

Part XI—Regulations

129Regulations

130Construction of section 129

131Regulations as to regulated poisons

132General regulations

132AARegulations prescribing drugs of dependence

132ARegulations may incorporate other documents

132BScope of regulations

133Strict compliance with prescribed forms not necessary

133AExemption from regulatory impact statement procedure

Part XII—Transitional provisions

134References

135Instruments to continue

135ATransitional provisions—Drugs, Poisons and Controlled Substances (Amendment) Act 1994

136Continuity of Poisons Advisory Committee

137Transitional provisions—Drugs, Poisons and Controlled Substances (Amendment) Act 2001

138Refund of licence fee in relation to Schedule 5 poisons and Schedule 6 poisons

139Transitional provisions relating to licences—Drugs, Poisons and Controlled Substances and Therapeutic Goods (Victoria) Acts (Amendment) Act 2004

140Transitional provisions—Drugs, Poisons and Controlled Substances (Amendment) Act 2006

141Drug Rehabilitation and Research Fund

142Transitional provisions—Drugs, Poisons and Controlled Substances Amendment Act 2008

143Transitional provision—Criminal Procedure Amendment Act 2012

144Transitional provisions—Drugs, Poisons and Controlled Substances Amendment Act 2016

145Transitional—Drugs, Poisons and Controlled Substances Miscellaneous Amendment Act 2017

147Transitional—Justice Legislation Amendment (Police and Other Matters) Act 2019

148Transitional provision—Primary Industries Legislation Amendment Act 2019

149Transitional provision—Drugs, Poisons and Controlled Substances Amendment (Medically Supervised Injecting Centre) Act 2023

Schedules

Schedule Ten—Search warrant

Schedule Eleven

Schedule Twelve—Statements of strength of preparations

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Endnotes

1     General information

2     Table of Amendments

3     Explanatory details

Version No. 142

Drugs, Poisons and Controlled Substances Act 1981

No. 9719 of 1981

Version incorporating amendments as at


12 November 2025

An Act to re-enact with Amendments the Law relating to Drugs, Poisons and Controlled Substances, to amend the Health Act 1958 and the Crimes Act 1958 and for other purposes.

BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):

1Short title and commencement

(1)This Act may be cited as the Drugs, Poisons and Controlled Substances Act 1981.

(2)The several provisions of this Act shall come into operation on a day or on the respective days to be fixed by proclamation or successive proclamations of the Governor in Council published in the Government Gazette.

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PART I—INTRODUCTORY AND TRANSITIONAL

2Repeals and revocations

(1)The Acts and enactments mentioned in the table to this subsection, to the extent to which they are therein expressed to be repealed are hereby repealed accordingly.

TABLE


Number of Act

Title of Act 		Extent of Amendment or Repeal
6889 Poisons Act 1962 So much as has not already been repealed.
7065 Statute Law Revision Act 1963 Items in Schedule relating to the Poisons Act 1962.
7588 Poisons (Amendment) Act 1967 The whole.
7703 Abolition of Bailiwicks Act 1968 Item in Schedule relating to the Poisons Act 1962.
8181 Statute Law Revision Act 1971 Item in Schedule relating to the Poisons Act 1962.
8233 Poisons (Amendment) Act 1971 The whole.
8247 Crimes (Powers of Arrest) Act 1972 Item in Schedule relating to the Poisons Act 1962.
8266 Poisons (Amendment) Act 1972 The whole.
8287 Dentists Act 1972 Section 45(2).
8424 Medical Practitioners (Amendment) Act 1973 Section 12.
8456 Poisons (Fees) Act 1973 The whole.
8961 Poisons (Drugs of Addiction) Act 1977 The whole.
9023 Health Commission Act 1977 Item 16 of Part A of Schedule One.
9294 Poisons (Amendment) Act 1979 The whole.
9427 Statute Law Revision Act 1980 Item in Third Schedule relating to the Poisons Act 1962.
9576 Crimes (Classification of Offences) Act 1981 Item in the Schedule relating to the Poisons Act 1962.

(2)All proclamations made under the Poisons Act 1962 and amending any of the Schedules to that Act are revoked.

3Savings

*                *                *                *                *

(2)On and from the commencement of this section in any order, proclamation, regulation, licence, permit, warrant, authority, Order in Council or other instrument or document made, issued or given under the Poisons Act 1962 before the commencement of this section and deemed to have been made, issued or given under this Act or continued in force under this Act—

(a)a reference to a pharmaceutical chemist shall be deemed and taken to be a reference to a pharmacist;

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(4)Subject to subsection (2), nothing in this Act shall affect the continuity of status, operation or effect of any permit issued under section 11 of the Poisons Act 1962 before the commencement of this section and in force immediately before that commencement, and that permit shall, on and from the date of commencement of this section, be deemed to have been issued under the provisions of this Act that corresponds to section 11 of the Poisons Act 1962.

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(7)Except as is in this Act expressly or by necessary implication provided—

(a)all persons, things and circumstances appointed or created by or under the Poisons Act 1962 or existing or continuing under that Act immediately before the commencement of this section shall under and subject to this Act continue to have the same status, operation and effect as they respectively would have had if that Act had not been repealed; and

(b)in particular and without limiting the generality of paragraph (a), the repeal of the Poisons Act 1962 shall not disturb the continuity of status, operation or effect of any order, proclamation, regulation, recommendation, certificate, proceeding, appointment, notification, writ, summons, award, judgment, decree, fee, suspension, revocation, renewal, enquiry, registration, document, panel, submission, remuneration, approval, disapproval, refusal, decision, report, investigation, requirement, forfeiture, direction, analysis, examination, liability or right made, effected, issued, granted, given, instituted, imposed, accrued, incurred or acquired or existing or continuing by or under the repealed Act before the commencement of this section.

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4Definitions

(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;

analogue, of a drug specified in column 1 of Part 1 or column 1 of Part 3 of Schedule Eleven, means a substance, however obtained, that is—

(a)a structural modification of the drug obtained in one or more of the following ways—

(i)by the replacement of one or more of its functional groups with another;

(ii)by the replacement of up to 2 ring structures with any other ring structure;

(iii)by the addition of hydrogen atoms to one or more unsaturated bonds; or

(b)a homologue of the drug; or

(c)a derivative or isomer of a substance referred to in paragraph (a) or (b)—

but does not include a substance that is itself specified in column 1 of Part 1 or column 1 of Part 3 of Schedule Eleven;

animal health and welfare emergency order means an order made under section 22J;

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authorised police employee means—

(a)a Victoria Police employee authorised under section 44A; or

(b)a Victoria Police employee who is a member of a class of Victoria Police employee authorised under section 44A;

*                *                *                *                *

authorised supplier means a person who—

(a)is authorised by the Secretary under section 30C(5) to access the monitored poisons database for a purpose specified in section 30C(5)(a); or

(b)is authorised by regulations referred to in section 30C(4) to access the monitored poisons database; or

(c)belongs to a class of person that is authorised as described in paragraph (a) or (b);

authorised user means a person who—

(a)is authorised by the Secretary under section 30C(5) to access the monitored poisons database for a purpose specified in section 30C(5)(b) or (c); or

(b)is authorised by regulations referred to in section 30C(4) to access the monitored poisons database; or

(c)belongs to a class of person that is authorised as described in paragraph (a) or (b);

authorized officer means—

(a)a person authorized by the Secretary under section 41; and

(b)other than in Division 18 of Part II, any police officer;

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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child, in Part IIA, means a person under 18 years of age;

class approval means an authorisation under section 20A in respect of a class of entity;

*                *                *                *                *

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

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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;

consume, in relation to a substance, includes the following—

(a)ingest the substance;

(b)inject the substance;

(c)inhale the substance;

(d)smoke the substance, or inhale fumes caused by heating or burning the substance;

(e)apply the substance externally to the body of a person;

(f)by any other means introduce the substance into any part of the body of a person;

*                *                *                *                *

data source entity means an entity, or a class of entity, prescribed to be a data source entity for the purposes of the monitored poisons database;

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;

declared testing facility means a facility declared by the Chief Commissioner of Police under section 97;

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;

designated place has the same meaning as in the Victoria Police Act 2013;

director, in relation to the licensed medically supervised injecting centre, has the meaning given in section 55B;

drug‑checking director means a general drug‑checking worker or special drug‑checking worker who—

(a)is engaged by the holder of a drug‑checking permit to do the things set out in section 20AA(6); and

(b)meets the prescribed requirements (if any);

drug‑checking permit means a permit issued under Division 4 of Part II in respect of the provision of a drug‑checking service;

drug‑checking place has the meaning given by section 4B;

drug‑checking service has the meaning given by section 4C;

*                *                *                *                *

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, analogues, derivatives and isomers of that drug and any salt of those analogues, 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, analogues, 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 analogue, 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;

enforceable undertaking means an undertaking given by a regulated person under section 55AAM;

enforceable undertaking order means an order made by the Magistrates' Court under section 55AAR;

entity, in relation to a class approval, means an entity belonging to a class that carries out an activity involving the manufacture, sale, supply, administration or use of a Schedule 2 poison, Schedule 3 poison, Schedule 4 poison, Schedule 7 poison, Schedule 8 poison or a controlled substance;

fixed site drug‑checking permit means a drug‑checking permit issued in accordance with section 19(4A)(a);

functional group, of a drug, means any of the following where attached to an oxygen, nitrogen, sulphur, phosphorous or carbon atom of the drug—

(a)an aryl, alkoxy, cyclic diether, carbonyl, acyl, carboxylic acid, acyloxy, alkylamino or dialkylamino group with up to 6 carbon atoms in any alkyl residue;

(b)an alkyl, alkenyl or alkynyl group with up to 6 carbon atoms in the group;

(c)a hydroxy, nitro or amino group;

(d)a hydrogen atom;

(e)a halogen;

general drug‑checking worker means a person who—

(a)is engaged by the holder of a drug‑checking permit to carry out activities under the permit that do not include anything set out in section 20AA(1) or (2) (whether the engagement is under a contract of employment, or as a volunteer, or otherwise); and

(b)meets the prescribed requirements (if any);

harm reduction information means—

(a)information about the composition of a substance, including information about the presence of poisons, controlled substances and drugs of dependence in it; or

(b)information about the use of a substance, including—

(i)information about the possible consequences of using the substance; and

(ii)information and advice about how to reduce the harm that use of the substance may cause; or

(c)information and advice about access to health services, welfare services and similar assistance;

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

improvement notice means a notice given under section 55AA;

information or document production notice means a notice given under section 55AAT;

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injecting centre drug means a drug of dependence, or a class of drug of dependence, prescribed as an injecting centre drug;

internal management protocols, in Part IIA, means the protocols approved under section 55E by the Secretary, as in force from time to time;

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;

licensed medically supervised injecting centre means the facility for which a medically supervised injecting centre licence is issued;

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;

*                *                *                *                *

medically supervised injecting centre licence means the licence issued under section 55C;

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*                *                *                *                *

*                *                *                *                *

mobile bait facility means a trailer or vehicle suitably fitted out or containing equipment and apparatus for the manufacture, sale and supply of a perishable pest animal bait that is a Schedule 7 poison to which a mobile bait facility licence relates;

mobile bait facility licence means a licence issued under section 19(6);

mobile bait facility location means a location where the manufacture, sale or supply of a perishable pest animal bait that is a Schedule 7 poison authorised under a mobile bait facility licence is carried out;

mobile drug‑checking facility means a trailer or vehicle suitably fitted out or containing equipment and apparatus for—

(a)the provision of a drug‑checking service; and

(b)the carrying out of other activities under a drug‑checking permit—

whether those things are to be provided and carried out from the facility itself or from a structure temporarily used for that purpose;

mobile drug‑checking permit means a drug‑checking permit issued in respect of a mobile drug‑checking facility in accordance with section 19(4A)(b);

mobile facility means—

(a)a mobile bait facility; or

(b)a mobile drug‑checking facility;

*                *                *                *                *

*                *                *                *                *

monitored poison means—

(a)a Schedule 8 poison; or

(b)a monitored supply poison; or

(c)a poison that is prescribed to be a monitored poison; or

(d)a poison that belongs to a class of poisons that are prescribed to be monitored poisons;

monitored poisons database means the database established under Division 9 of Part II;

monitored supply poison means a poison that—

(a)is prescribed to be a monitored supply poison; or

(b)belongs to a class of poisons that are prescribed to be monitored supply poisons;

*                *                *                *                *

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;

paramedic practitioner means a registered paramedic who—

(a)has completed a prescribed postgraduate qualification; and

(b)satisfies the prescribed experience requirements (if any);

*                *                *                *                *

permitted quantity of injecting centre drug means a prescribed amount of an injecting centre drug;

permitted site means the land described in Vol. 09195 Fol. 045;

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 Listmeans the Poisons List in the Poisons Code;

Poisons Standard means the current Poisons Standard within the meaning of the Therapeutic Goods Act 1989 of the Commonwealth;

police officer has the same meaning as in the Victoria Police Act 2013;

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prescribed means prescribed by this Act or the regulations;

proclamation means proclamation of the Governor in Council;

prohibition notice means a notice given under section 55AAG;

protective services officer has the same meaning as in the Victoria Police Act 2013;

psychoactive effect, in relation to a person, means—

(a)stimulation or depression of the person's central nervous system, resulting in hallucinations or in a significant disturbance in, or significant change to, motor function, thinking, behaviour, perception, awareness or mood; or

(b)causing a state of dependence, including physical or psychological addiction;

psychoactive substance means—

(a)a substance that, when consumed by a person, has a psychoactive effect; or

(b)a substance that is represented as, or in any other way held out to be, a substance that, when consumed by a person, has a psychoactive effect; or

(c)a substance referred to in paragraph (a) or (b) that is contained in or mixed with another substance—

but does not include any of the following—

(d)a drug of dependence;

(e)a poison or controlled substance;

(f)a volatile substance within the meaning of Part IV;

*                *                *                *                *

(h)a therapeutic good—

(i)included in the Register within the meaning of the Therapeutic Goods Act 1989 of the Commonwealth; or

(ii)exempted from the operation of Part 3-2 of that Act by regulations made under section 18 of that Act; or

(iii)exempted from Division 2 of Part 3-2 of that Act under section 18A of that Act; or

(iv)that is the subject of an approval or authority under section 19 of that Act, if used in accordance with that approval or authority; or

(v)that is the subject of an approval under section 19A of that Act, if used in accordance with that approval;

(i)food within the meaning of the Food Act 1984 that complies with the Food Standards Code within the meaning of that Act;

(j)liquor within the meaning of the Liquor Control Reform Act 1998;

(k)a tobacco product within the meaning of the Tobacco Act 1987;

(l)a chemical product within the meaning of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992;

(m)a plant or fungus or an extract of a plant or fungus;

(n)a prescribed substance or a substance that is in a prescribed class of substances;

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

public place has the same meaning as it has in the Summary Offences Act 1966;

registered Chinese herbal dispenser means a person registered under the Health Practitioner Regulation National Law to practise in the Chinese medicine profession in the division of Chinese herbal dispenser;

registered Chinese medicine practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the Chinese medicine profession in the division of Chinese herbal medicine practitioner;

registered health practitioner means a person registered under the Health Practitioner Regulation National Law to practise in a health profession within the meaning of that Law (other than as a student);

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 midwife means a person registered under the Health Practitioner Regulation National Law—

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

(b)in the register of midwives kept for that profession;

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 paramedic means a person registered under the Health Practitioner Regulation National Law to practise in the paramedicine 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 person means—

(a)a person to whom obligations or offences under Part II or the regulations apply in relation to the person obtaining, possessing, using, administering, prescribing, selling, supplying or manufacturing a poison or controlled substance and includes—

(i)a person authorised by section 13 to obtain, possess, use, sell or supply a poison or controlled substance; and

(ii)a person who is the holder of a licence, permit or warrant issued under section 19; and

(iii)a person or a person who belongs to a class of person authorised by the regulations to obtain or possess a Schedule 4 Poison, Schedule 8 Poison or Schedule 9 Poison; or

(b)an entity that belongs to a class of entity for which an approval under section 20A is granted—

but does not include—

(c)a person for whom a poison or controlled substance is supplied in accordance with this Act or the regulations, if the person is using the poison or controlled substance to the extent and for the purpose for which it is supplied; or

(d)a person who, in the person's personal capacity, has the care of, or who is assisting in the care of, a person referred to in paragraph (c), if the person referred to in paragraph (c) is using the poison or the controlled substance to the extent and for the purpose for which it is supplied; or

(e)a person who, in the person's personal capacity, has the care or custody of an animal for which a poison or controlled substance is supplied in accordance with this Act or the regulations;

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;

*                *                *                *                *

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

Schedule 2 Poison means a substance in Schedule 2 of the Poisons Standard;

Schedule 3 Poison means a substance in Schedule 3 of the Poisons Standard;

Schedule 4 Poison means a substance in Schedule 4 of the Poisons Standard;

Schedule 5 Poison means a substance in Schedule 5 of the Poisons Standard;

Schedule 6 Poison means a substance in Schedule 6 of the Poisons Standard;

Schedule 7 Poison means a substance in Schedule 7 of the Poisons Standard;

Schedule 8 Poison means a substance in Schedule 8 of the Poisons Standard;

Schedule 9 Poison means a substance in Schedule 9 of the Poisons 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;

special drug‑checking worker means a person who—

(a)is engaged by the holder of a drug‑checking permit to do a thing set out in section 20AA(1) or (2)—

(i)whether the engagement is under a contract of employment, or as a volunteer, or otherwise; and

(ii)whether or not the worker's engagement involves them carrying out another activity under the permit; and

(b)holds the prescribed qualifications; and

(c)meets the prescribed other requirements (if any);

*                *                *                *                *

staff means—

(a)in relation to the licensed medically supervised injecting centre, the persons engaged (whether under contracts of employment, or as volunteers, or otherwise) to provide services for the centre; and

(b)in relation to the permitted site, the persons engaged (whether under contracts of employment, or as volunteers, or otherwise), to provide services for any facility that is located at the permitted site, including at the licensed medically supervised injecting centre;

Note

Under section 55B(4), the director and each supervisor of a licensed medically supervised injecting centre are taken to be members of the staff of that facility.

standard sentence, in relation to an offence, has the same meaning as in the Sentencing Act 1991;

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;

supervisor, in relation to the licensed medically supervised injecting centre, has the meaning given in section 55B;

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;

*                *                *                *                *

Victoria Police employee has the same meaning as in the Victoria Police Act 2013;

voluntary assisted dying permit has the same meaning as it has in the Voluntary Assisted Dying Act 2017;

voluntary assisted dying substance has the same meaning as it has in the Voluntary Assisted Dying Act 2017;

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.

4AAct does not apply to certain processed products

(1)This Act does not apply to—

(a)a processed fibre product made from cannabis if the product—

(i)does not contain more than 0·1 per cent of tetrahydrocannabinol; and

(ii)does not contain whole cannabis seeds; and

(iii)is in a form not suitable for ingestion, smoking or inhaling purposes; or

(b)a processed product made from cannabis seeds if the product—

(i)does not contain more than 0·001 per cent of tetrahydrocannabinol; and

(ii)does not contain whole cannabis seeds.

(2)In this section—

cannabis means a plant or any part of a plant of the genus Cannabis L, whether fresh or dried;

processed means treated by mechanical, chemical or other artificial means but does not include—

(a)harvesting; or

(b)the natural process of decay.

4BMeaning of drug‑checking place

(1)For the purposes of this Act, the drug‑checking place for a fixed site drug‑checking permit is the premises described in the permit.

(2)For the purposes of this Act, the drug‑checking place for a mobile drug‑checking permit consists of—

(a)the areas that are to be included under subsection (3) or (4); and

(b)if, under subsection (5), the mobile drug‑checking facility in respect of which the permit is issued is to be included, that facility.

(3)The area within a temporary structure is to be included if the structure is erected for the purposes of—

(a)the provision of a drug‑checking service under the drug‑checking permit; or

(b)the carrying out of another activity under the drug‑checking permit.

(4)If an approval under section 22CA(2) is issued to the holder of a mobile drug‑checking permit, each area identified in that approval is to be included during the period specified in the approval.

(5)The mobile drug‑checking facility is to be included if—

(a)the provision of a drug‑checking service under the drug‑checking permit; or

(b)the carrying out of another activity under the drug‑checking permit—

is to occur within the facility itself.

4CMeaning of drug‑checking service

(1)For the purposes of this Act, each of the following is a drug‑checking service—

(a)the service of analysing a substance for the purpose of obtaining information about the composition of the substance (including information about the presence of poisons, controlled substances and drugs of dependence in it);

Note

Under a drug‑checking permit, the substances in respect of which this service can be provided include substances supplied to the holder of the permit or a special drug‑checking worker at the drug‑checking place. See section 20AA(1).

(b)the service of providing harm reduction information.

Note

Harm reduction information includes the information referred to in paragraph (a)—see the definition of harm reduction information.

(2)However, none of the following is a drug‑checking service—

(a)anything done by an authorised police employee under section 44B;

(b)anything done under or for the purposes of a poppy cultivation licence;

(c)examination or testing of anything taken in accordance with Part IVA or IVB;

(d)analysis of a sample of a thing taken—

(i)in execution of a warrant; or

(ii)under section 91(2);

(e)analysis carried out for the purposes of a proceeding for an offence.

5Meaning of possession

Without restricting the meaning of the word possession, any substance shall be deemed for the purposes of this Act to be in the possession of a person so long as it is upon any land or premises occupied by him or is used, enjoyed or controlled by him in any place whatsoever, unless the person satisfies the court to the contrary.

6Meaning of corresponding law

(1)In this Act the expression corresponding law means any law stated in a certificate purporting to be issued by or on behalf of the Government of—

(a)any British possession (including any territory which is under His Majesty's protection or which is governed under a trusteeship agreement by the Government of any part of His Majesty's dominions) outside Victoria; or

(b)any foreign country (including any protectorate thereof or any territory which is governed under a trusteeship agreement by the Government thereof)—

to be a law providing for the control and regulation in that possession or country of the manufacture sale use export or import of drugs in accordance with the provisions of—

(i)the International Opium Convention signed at The Hague on the twenty-third day of January One thousand nine hundred and twelve; or

(ii)the Convention which is referred to as the Geneva Convention in the preamble to the Act of the Parliament of the United Kingdom known as the Dangerous Drugs Act 1925 and as having been signed on behalf of His Majesty on the nineteenth day of February One thousand nine hundred and twenty-five; or

(iii)the Single Convention on Narcotic Drugs, 1961 signed at New York on the thirtieth day of March One thousand nine hundred and sixty-one.

(2)Any statement in a certificate mentioned in subsection (1) as to the effect of the law mentioned in the certificate or any statement in a certificate mentioned in subsection (1) that any facts constitute an offence against that law shall be conclusive.

7Act not to derogate from provisions of certain other Acts

This Act shall be read and construed as being in aid and not in derogation of the Public Health and Wellbeing Act 2008, the Wildlife Act 1975, the Liquor Control Reform Act 1998, the Health Practitioner Regulation National Law, the Voluntary Assisted Dying Act 2017, the Veterinary Practice Act 1997, the Severe Substance Dependence Treatment Act 2010, the Agricultural and Veterinary Chemicals (Control of Use) Act 1992 and the Agricultural and Veterinary Chemicals (Victoria) Act 1994.

8References in other Acts

In any Act other than this Act and in any rule regulation or by-law made under any Act other than this Act—

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(b)a reference to a dangerous drug within the meaning of the Poisons Act 1958 which was by virtue of section 3(3) of the Poisons Act 1962 deemed to have been a reference to a specified drug within the meaning of the Poisons Act 1962 shall, notwithstanding anything in section 3(3) of that Act, be deemed to be a reference to a drug of dependence within the meaning of section 4 of this Act.

9Revocation of proclamation etc.

(1)An Order in Council made for the purposes of this Act may be amended varied or revoked by Order in Council.

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(3)A proclamation made for the purposes of this Act—

(a)shall be published in the Government Gazette; and

(b)may be amended varied or revoked by proclamation published in the Government Gazette.

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11Act to bind the Crown

(1)This Act shall bind the Crown in right of the State of Victoria and, so far as the legislative power of the Parliament permits, shall also bind the Crown in all its other capacities.

(2)Insofar as the Crown in any relevant capacity is bound by this Act, a reference in this Act to a person includes a reference to the Crown in that capacity.

*                *                *                *                *

*                *                *                *                *

PART II—POISONS AND CONTROLLED SUBSTANCES

Division 1—Classification

12Poisons Code

(1)The Minister may prepare a Poisons Code.

(2)The Poisons Code must contain—

(a)a Poisons List; and

(b)any provisions (including appendices) of the Poisons Standard concerning the labelling, storing, packaging or advertising of poisons or controlled substances that the Minister considers are in a form suitable for inclusion in the Code; and

(c)any provisions (including appendices) of the Poisons Standard relating to the interpretation of provisions included in the Code under paragraph (a) or (b).

12AThe Poisons List

(1)The Poisons List may contain—

(a)a list of substances that are of plant, animal or mineral origin that in the public interest should be available only from a person registered by the Chinese Medicine Board of Australia under the Health Practitioner Regulation National Law or authorised under another Act, being Schedule 1 poisons; and

(b)a list of any of the substances in Schedule 1 of the Poisons List or Schedules 2 to 9 of the Poisons Standard or the Appendices to the Poisons Standard that are not for general sale by retail but can only be supplied to persons specifically authorised by this Act or the Regulations, or with a permit or warrant under this Act, to obtain them; and

(c)a list of exemptions from Schedule 1 of the Poisons List or Schedules 2 to 9 of the Poisons Standard.

*                *                *                *                *

(3)The Poisons List may specify—

*                *                *                *                *

(b)any substance in the list of substances that are not for general sale by retail by incorporating by reference any provisions (including appendices) in the Poisons Standard relating to that matter, and any provision of that standard relating to the interpretation of any part of the standard so incorporated; and

(c)any substances in the list of exemptions by incorporating by reference any provisions (including appendices) in the Poisons Standard relating to substances that are wholly or partially exempted from the standard.

(4)In this Act, a reference to a particular substance in Schedule 1 of the Poisons List or to a particular substance in Schedules 2 to 9 of the Poisons Standard excludes that substance to the extent that it is included in the list of exemptions under subsection (1)(c).

*                *                *                *                *

12BRequirements for labelling and other matters

Without limiting section 12(2)(b), in determining for the purposes of that provision whether a provision of the Poisons Standard is suitable for inclusion in the Poisons Code, the matters which the Minister may take into account include but are not limited to—

(a)whether the provision applies to the State or an individual;

(b)whether the provision is in the form of a recommendation or suggestion, rather than an obligation;

(c)whether the provision is in terms sufficiently certain to enable it to be understood and complied with.

12CWhat if the Poisons Code conflicts with the Act or regulations?

If there is an inconsistency between the Poisons Code and a provision of this Act or the regulations, the provision of this Act or the regulations prevails.

12DIncorporation of the Poisons Standard

(1)Any part of the Poisons Standard to be incorporated by reference in the Poisons Code may be so incorporated as in force at a particular time or from time to time.

(2)To the extent that it is incorporated by reference in the Poisons Code, the Poisons Standard forms part of that Code.

(3)Subject to subsection (4), if any part of the Poisons Standard, as in force from time to time, is incorporated by reference in the Poisons Code the part so incorporated must be taken to include that part as amended, varied, remade or superseded from time to time.

(4)If part of the Poisons Standard, as in force from time to time, is incorporated by reference in the Poisons Code and that part is amended, varied, remade or superseded, then until the date fixed under section 12K as the date on which the new matter takes effect the matter so incorporated must be taken not to have been so amended, varied, remade or superseded.

(5)If a provision of the Poisons Standard, as in force from time to time, is incorporated by reference in the Poisons Code and that provision is amended, substituted or revoked under section 12E(1E), then until the date fixed under section 12K as the date on which the amendment, substitution or revocation takes effect, the provision amended, substituted or revoked must be taken not to have been amended, substituted or revoked.

12EAmendment of Code

(1)The Minister may at any time amend the Poisons Code—

(a)to correct—

(i)a clerical error or an error arising from an accidental slip or omission; or

(ii)an evident material mistake in the description of the Poisons Standard or a provision of that standard; or

(b)if the Code incorporates a part of the Poisons Standard as in force at a particular date—

(i)to change that date; or

(ii)to provide that the part of the Poisons Standard is incorporated as in force from time to time; or

(c)if part of the Poisons Standard is incorporated as in force from time to time to provide that the part is incorporated as in force at a particular time; or

(d)to alter the heading to Schedule 1 in the Poisons List so that it corresponds more closely with the heading of the appropriate Schedule in the Poisons Standard; or

*                *                *                *                *

(1A)To ensure consistency with the Poisons Standard, the Minister may at any time—

(a)amend the Poisons Code; or

(b)revoke and substitute the Poisons Code.

(1B)The Minister may, at any time, amend the Poisons Code to—

(a)specify the substances to be included in Schedule 1 in the Poisons List; and

(b)amend, revoke, substitute or insert substances in Schedule 1 in the Poisons List.

(1C)The Minister may, at any time, amend the Poisons Code to—

(a)specify the substances to be included in the Poisons List in the list of substances that are not for general sale by retail but can only be supplied to persons specifically authorised by this Act or the Regulations, or with a permit or warrant under this Act, to obtain them; and

(b)amend, revoke, substitute or insert substances in the list referred to in paragraph (a).

(1D)The Minister may, at any time, amend the Poisons Code to—

(a)specify the substances to be included in the Poisons List in the list of exemptions from Schedule 1 of the Poisons List or Schedules 2 to 9 of the Poisons Standard; and

(b)amend, revoke, substitute or insert substances in the list of exemptions referred to in paragraph (a).

(1E)The Minister, at any time, may amend the Poisons Code to amend, substitute or revoke—

(a)any provision (including of the appendices) of the Poisons Standard concerning the possession or supply of poisons included in Schedule 4 or Schedule 8; or

(b)any provision (including of the appendices) of the Poisons Standard relating to the interpretation of a provision amended or revoked and substituted under paragraph (a)—

if the Minister considers that the provision as amended or substituted is suitable for inclusion in the Poisons Code or that it is suitable to revoke the provision from the Poisons Code.

(1F)In determining whether a provision of the Poisons Standard as amended or substituted is suitable for inclusion in the Poisons Code, the matters which the Minister may take into account include but are not limited to the following—

(a)whether the provision applies to the State or an individual;

(b)whether the provision is in the form of a recommendation or suggestion, rather than an obligation;

(c)whether the provision is in terms sufficiently certain to enable it to be understood and complied with.

(2)The provisions of this Act applying to the preparation, notification, tabling and availability of the Poisons Code apply to an amendment to or revocation and substitution of that Code.

12FStatus of the Poisons Code

(1)The Poisons Code is not a statutory rule for the purposes of the Subordinate Legislation Act 1994.

(2)The Poisons Code is a subordinate instrument for the purposes of the Interpretation of Legislation Act 1984 except section 32 of that Act.

Assent Date: 7.12.05
Commencement Date: Ss 178–180, 182(Sch. 4 item 16) on 1.7.07: s. 2(3)
Current State: This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981

Drugs, Poisons and Controlled Substances (Aged Care Services) Act 2006, No. 17/2006

Assent Date: 9.5.06
Commencement Date: 30.5.06: s. 2
Current State: All of Act in operation

Drugs, Poisons and Controlled Substances (Prohibition of Display and Sale of Cocaine Kits) Act 2006, No. 18/2006

Assent Date: 9.5.06
Commencement Date: 10.5.06: s. 2
Current State: All of Act in operation

Children, Youth and Families (Consequential and Other Amendments) Act 2006, No. 48/2006

Assent Date: 15.8.06
Commencement Date: S. 42(Sch. item 11) on 23.4.07: s. 2(3)
Current State: This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981

Drugs, Poisons and Controlled Substances (Amendment) Act 2006, No. 52/2006 (as amended by Nos 79/2006, 10/2007)

Assent Date: 15.8.06
Commencement Date: Ss 7, 9(1), 11 on 19.2.07: Government Gazette 15.2.07 p. 261; ss 4–6, 8, 10, 13, 14, 16–20 on 1.5.07: s. 2(3); ss 9(2), 12, 15 on 1.8.07: Government Gazette 26.7.07 p. 1705
Current State: This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981

Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006

Assent Date: 10.10.06
Commencement Date: S. 26(Sch. item 29) on 11.10.06: s. 2(1)
Current State: This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981

Drugs, Poisons and Controlled Substances Amendment (Repeal of Part X) Act 2007, No. 10/2007

Assent Date: 8.5.07
Commencement Date: Ss 3, 4 on 1.7.07: s. 2(2)
Current State: This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981

Health Professions Registration Amendment Act 2007, No. 25/2007

Assent Date: 26.6.07
Commencement Date: S. 33 on 1.7.07: s. 2(2)
Current State: This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981

Drugs, Poisons and Controlled Substances Amendment Act 2008, No. 17/2008

Assent Date: 13.5.08
Commencement Date: Ss 4, 5 on 14.5.08: s. 2(1); ss 6–13 on 1.3.09: s. 2(3)
Current State: This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981

Police Integrity Act 2008, No. 34/2008

Assent Date: 1.7.08
Commencement Date: S. 143(Sch. 2 item 6) on 5.12.08: Special Gazette (No. 340) 4.12.08 p. 1
Current State: This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981

Public Health and Wellbeing Act 2008, No. 46/2008

Assent Date: 2.9.08
Commencement Date: S. 275 on 1.1.10: s. 2(2)
Current State: This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981

Justice Legislation Amendment Act 2009, No. 25/2009

Assent Date: 17.6.09
Commencement Date: Ss 6, 7 on 3.9.09: Government Gazette 3.9.09 p. 2331
Current State: This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981

Justice Legislation Further Amendment Act 2009, No. 55/2009

Assent Date: 22.9.09
Commencement Date: Ss 7–9 on 31.5.10: s. 2(4)
Current State: This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981

Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009

Assent Date: 24.11.09
Commencement Date: S. 97(Sch. item 47) on 1.1.10: Government Gazette 10.12.09 p. 3215
Current State: This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981

Statute Law Amendment (National Health Practitioner Regulation) Act 2010, No. 13/2010

Assent Date: 30.3.10
Commencement Date: Ss 35–48 on 1.7.10: s. 2(2)
Current State: This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981

Pharmacy Regulation Act 2010, No. 39/2010

Assent Date: 30.6.10
Commencement Date: Ss 119, 120 on 24.8.10: Government Gazette 12.8.10 p. 1759
Current State: This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981

Severe Substance Dependence Treatment Act 2010, No. 43/2010

Assent Date: 10.8.10
Commencement Date: S. 45 on 1.3.11: s. 2(2)
Current State: This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981

Justice Legislation Further Amendment Act 2010, No. 64/2010

Assent Date: 28.9.10
Commencement Date: S. 11 on 1.1.11: Government Gazette 28.10.10 p. 2584
Current State: This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981

Statute Law Revision Act 2011, No. 29/2011

Assent Date: 21.6.11
Commencement Date: S. 3(Sch. 1 item 30) on 22.6.11: s. 2(1)
Current State: This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981

Drugs, Poisons and Controlled Substances Amendment (Drugs of Dependence) Act 2011, No. 41/2011

Assent Date: 6.9.11
Commencement Date: Ss 4, 5 on 7.9.11: s. 2
Current State: This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981

Justice Legislation Amendment (Protective Services Officers) Act 2011,
No. 43/2011

Assent Date: 6.9.11
Commencement Date: Ss 18–20 on 28.11.11: Special Gazette (No. 379) 22.11.11 p. 1
Current State: This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981

Drugs, Poisons and Controlled Substances Amendment (Prohibition of Display and Sale of Cannabis Water Pipes) Act 2011, No. 51/2011

Assent Date: 18.10.11
Commencement Date: 1.1.12: s. 2
Current State: All of Act in operation

Drugs, Poisons and Controlled Substances Amendment (Supply by Midwives) Act 2012, No. 14/2012

Assent Date: 3.4.12
Commencement Date: Ss 4–9 on 30.11.12: s. 2(2)
Current State: This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981

Health Professions Registration (Repeal) Act 2012, No. 27/2012

Assent Date: 29.5.12
Commencement Date: Ss 9–16 on 1.7.12: s. 2
Current State: This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981

Criminal Procedure Amendment Act 2012, No. 48/2012

Assent Date: 4.9.12
Commencement Date: Ss 41, 42 on 5.9.12: s. 2(1)
Current State: This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981

Drugs, Poisons and Controlled Substances Amendment Act 2012, No. 57/2012

Assent Date: 16.10.12
Commencement Date: S. 7 on 8.11.12: s. 2(1); ss 4–6 on 13.12.12: Special
Gazette (No. 429) 11.12.12 p. 1
Current State: This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981

Integrity and Accountability Legislation Amendment Act 2012, No. 82/2012

Assent Date: 18.12.12
Commencement Date: S. 161 on 10.2.13: Special Gazette (No. 32) 6.2.13 p. 2
Current State: This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981

Statute Law Revision Act 2013, No. 70/2013

Assent Date: 19.11.13
Commencement Date: S. 4(Sch. 2 item 12) on 1.12.13: s. 2(1)
Current State: This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981

Drugs, Poisons and Controlled Substances Amendment Act 2014, No. 9/2014

Assent Date: 25.2.14
Commencement Date: Ss 3–17 on 21.5.14: Special Gazette (No. 155) 20.5.14 p. 1
Current State: This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981

Drugs, Poisons and Controlled Substances (Poppy Cultivation and Processing) Amendment Act 2014, No. 13/2014

Assent Date: 18.3.14
Commencement Date: Ss 4–7 on 16.4.14: Special Gazette (No. 122) 15.4.14 p. 1
Current State: This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981

Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014

Assent Date: 3.6.14
Commencement Date: S. 10(Sch. item 47) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2
Current State: This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981

Fines Reform Act 2014, No. 47/2014

Assent Date: 1.7.14
Commencement Date: S. 260 on 31.12.17: Special Gazette (No. 443) 19.12.17 p. 1
Current State: This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981

Sentencing Amendment (Baseline Sentences) Act 2014, No. 52/2014

Assent Date: 12.8.14
Commencement Date: Ss 17, 18 on 2.11.14: Special Gazette (No. 350) 7.10.14 p. 1
Current State: This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981

Criminal Organisations Control and Other Acts Amendment Act 2014, No. 55/2014

Assent Date: 26.8.14
Commencement Date: Ss 50–53 on 1.10.14: Special Gazette (No. 330) 23.9.14 p. 1
Current State: This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981

Crimes Amendment (Abolition of Defensive Homicide) Act 2014, No. 63/2014

Assent Date: 9.9.14
Commencement Date: S. 7(8)–(11) on 1.11.14: Special Gazette (No. 350) 7.10.14 p. 1
Current State: This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981

Drugs, Poisons and Controlled Substances Further Amendment Act 2014, No. 75/2014

Assent Date: 21.10.14
Commencement Date: Ss 4–24 on 30.10.14: Special Gazette (No. 400) 29.10.14 p. 1
Current State: This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981

Justice Legislation Amendment (Confiscation and Other Matters) Act 2014, No. 79/2014

Assent Date: 21.10.14
Commencement Date: S. 62 on 1.11.14: s. 2(4)
Current State: This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981

Drugs, Poisons and Controlled Substances Amendment Act 2016, No. 2/2016

Assent Date: 16.2.16
Commencement Date: Ss 4–16 on 20.10.16: s. 2(2)
Current State: This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981

Access to Medicinal Cannabis Act 2016, No. 20/2016

Assent Date: 19.4.16
Commencement Date: Ss 123, 126, 129–131, 133, 135 on 8.6.16: Special Gazette (No. 177) 7.6.16 p. 1; ss 101–120, 125, 134, 136–142 on 14.9.16: Special Gazette (No. 284) 13.9.16 p. 1; ss 121, 122, 124, 127, 128, 132 on 21.10.16: Special Gazette (No. 284) 13.9.16 p. 1
Current State: This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981

Sentencing (Community Correction Order) and Other Acts Amendment Act 2016, No. 65/2016

Assent Date: 15.11.16
Commencement Date: S. 21 on 20.3.17: Special Gazette (No. 17) 31.1.17 p. 1
Current State: This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981

Sentencing Amendment (Sentencing Standards) Act 2017, No. 34/2017

Assent Date: 15.8.17
Commencement Date: Ss 15, 16 on 29.11.17: Special Gazette (No. 406) 28.11.17 p. 1; ss 36, 37 on 1.2.18: Special Gazette (No. 28) 30.1.18 p. 1
Current State: This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981

Drugs, Poisons and Controlled Substances Miscellaneous Amendment Act 2017, No. 40/2017

Assent Date: 12.9.17
Commencement Date: Ss 6, 7, 19, 21–23 on 21.10.17: Special Gazette (No. 340) 10.10.17 p. 1; ss 4, 5, 8–18, 20 on 1.11.17: s. 2(2)
Current State: This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981

Justice Legislation Amendment (Protective Services Officers and Other Matters) Act 2017, No. 45/2017

Assent Date: 26.9.17
Commencement Date: Ss 16–18 on 1.4.18: Special Gazette (No. 136) 27.3.18 p. 3
Current State: This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981

Drugs, Poisons and Controlled Substances Amendment (Real-time Prescription Monitoring) Act 2017, No. 50/2017

Assent Date: 24.10.17
Commencement Date: Ss 4–18 on 1.7.18: Special Gazette (No. 190) 24.4.18 p. 1
Current State: This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981

Voluntary Assisted Dying Act 2017, No. 61/2017

Assent Date: 5.12.17
Commencement Date: Ss 122–138 on 19.6.19: s. 2(2)
Current State: This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981

Drugs, Poisons and Controlled Substances Amendment (Medically Supervised Injecting Centre) Act 2017, No. 66/2017

Assent Date: 19.12.17
Commencement Date: Ss 4–11 on 28.2.18: Special Gazette (No. 71) 27.2.18 p. 1
Current State: This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981

Oaths and Affirmations Act 2018, No. 6/2018

Assent Date: 27.2.18
Commencement Date: S. 68(Sch. 2 item 42) on 1.3.19: s. 2(2)
Current State: This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981

Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018, No. 33/2018

Assent Date: 14.8.18
Commencement Date: Ss 90, 91 on 31.7.19: Special Gazette (No. 306) 30.7.19 p. 1
Current State: This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981

Justice Legislation Amendment (Police and Other Matters) Act 2019, No. 3/2019

Assent Date: 13.3.19
Commencement Date: Ss 9–18 on 5.6.19: Special Gazette (No. 215) 4.6.19 p. 1
Current State: This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981

Health Legislation Amendment and Repeal Act 2019, No. 34/2019

Assent Date: 22.10.19
Commencement Date: Ss 4−44 on 23.10.19: s. 2(1)
Current State: This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981

Primary Industries Legislation Amendment Act 2019, No. 40/2019

Assent Date: 6.11.19
Commencement Date: S. 8 on 17.12.19: Special Gazette (No. 537) 17.12.19 p. 2; ss 7, 9 on 1.2.20: s. 2(2)
Current State: This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981

Justice Legislation Amendment (Serious Offenders and Other Matters) Act 2019, No. 45/2019

Assent Date: 19.11.19
Commencement Date: S. 49 on 20.11.19: s. 2(1)
Current State: This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981

Drugs, Poisons and Controlled Substances Amendment Act 2021, No. 17/2021

Assent Date: 18.5.21
Commencement Date: Ss 4, 5 on 4.8.21: s. 2(2)
Current State: This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981

Agriculture Legislation Amendment Act 2022, No. 22/2022

Assent Date: 15.6.22
Commencement Date: Ss 53, 54 on 1.10.22: Special Gazette (No. 506) 27.9.22 p. 1; ss 55–87 on 1.1.23: Special Gazette (No. 506) 27.9.22 p. 1
Current State: This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981

Major Crime and Community Safety Legislation Amendment Act 2022, No. 44/2022

Assent Date: 27.9.22
Commencement Date: S. 90 on 14.11.22: s. 2(2)
Current State: This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981

Drugs, Poisons and Controlled Substances Amendment (Medically Supervised Injecting Centre) Act 2023, No. 7/2023

Assent Date: 16.5.23
Commencement Date: Ss 4–36 on 28.6.23: s. 2(2)
Current State: This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981

Drugs, Poisons and Controlled Substances Amendment (Authorising Pharmacists) Act 2023, No. 21/2023

Assent Date: 15.8.23
Commencement Date: S. 3 on 16.8.23: s. 2
Current State: This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981

Statute Law Amendment (References to the Sovereign) Act 2023, No. 25/2023

Assent Date: 5.9.23
Commencement Date: S. 7(Sch. 1 item 10) on 6.9.23 : s. 2
Current State: This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981

Regulatory Legislation Amendment (Reform) Act 2024, No. 6/2024

Assent Date: 5.3.24
Commencement Date: Ss 11−14 on 6.3.24: s. 2(1)
Current State: This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981

Health Legislation Amendment (Regulatory Reform) Act 2024, No. 39/2024

Assent Date: 29.10.24
Commencement Date: S. 113 on 30.10.24: s. 2(1); ss 85–91 on 1.3.25: Special Gazette (No. 700) 17.12.24 p. 1
Current State: This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981

Drugs, Poisons and Controlled Substances Amendment (Pill Testing) Act 2024, No. 41/2024

Assent Date: 6.11.24
Commencement Date: Ss 4–14 on 12.11.24: Special Gazette (No. 610) 12.11.24 p. 1
Current State: This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981

Tobacco Amendment (Tobacco Retailer and Wholesaler Licensing Scheme) Act 2024, No. 51/2024

Assent Date: 3.12.24
Commencement Date: S. 71 on 1.7.25: s. 2(2)
Current State: This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981

Drugs, Poisons and Controlled Substances Amendment (Paramedic Practitioners) Act 2025, No. 1/2025

Assent Date: 11.2.25
Commencement Date: Ss 4–25 on 12.11.25: s. 2(2)
Current State: This information relates only to the provision/s amending the Drugs, Poisons and Controlled Substances Act 1981

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Proclamation, S.R. No. 43/1984

Date of Making: 14.2.84
Date of Commencement: 14.2.84

Proclamation, S.R. No. 277/1984

Date of Making: 17.7.84
Date of Commencement: 17.7.84

Proclamation, S.R. No. 1/1985

Date of Making: 18.12.84
Date of Commencement: 18.12.84

Proclamation, S.R. No. 2/1985

Date of Making: 12.12.84
Date of Commencement: 12.12.84

Proclamation, S.R. No. 77/1985

Date of Making: 26.2.85
Date of Commencement: 26.2.85

Proclamation, S.R. No. 90/1985

Date of Making: 5.12.84
Date of Commencement: 5.12.84

Proclamation, S.R. No. 91/1985

Date of Making: 20.12.83
Date of Commencement: 20.12.83

Proclamation, S.R. No. 92/1985

Date of Making: 14.2.84
Date of Commencement: 14.2.84

Proclamation, S.R. No. 93/1985

Date of Making: 15.5.84
Date of Commencement: 15.5.84

Proclamation, S.R. No. 94/1985

Date of Making: 13.6.84
Date of Commencement: 13.6.84

Proclamation, S.R. No. 165/1985

Date of Making: 16.10.84
Date of Commencement: 16.10.84

Proclamation, S. R. No. 187/1985

Date of Making: 28.5.85
Date of Commencement: 28.5.85

Proclamation, S. R. No. 208/1985

Date of Making: 4.6.85
Date of Commencement: 4.6.85

Proclamation, S.R. No. 268/1985

Date of Making: 25.6.85
Date of Commencement: 25.6.85

Proclamation, S.R. No. 92/1986

Date of Making: 16.4.86
Date of Commencement: 16.4.86

Proclamation, S.R. No. 179/1986

Date of Making: 8.7.86
Date of Commencement: 8.7.86

Proclamation, S.R. No. 82/1987

Date of Making: 14.4.87
Date of Commencement: 14.4.87

Proclamation, S.R. No. 254/1987

Date of Making: 29.9.87
Date of Commencement: 29.9.87

Proclamation, S.R. No. 366/1987

Date of Making: 8.12.87
Date of Commencement: 8.12.87

Proclamation, S.R. No. 138/1989

Date of Making: 14.6.89
Date of Commencement: 14.6.89

Proclamation, S.R. No. 23/1990

Date of Making: 13.2.90
Date of Commencement: 13.2.90

Proclamation, S.R. No. 250/1990

Date of Making: 18.9.90
Date of Commencement: 18.9.90

Proclamation, S.R. No. 314/1990

Date of Making: 7.11.90
Date of Commencement: 7.11.90

Proclamation, S.R. No. 194/1991

Date of Making: 8.10.91
Date of Commencement: 8.10.91

Proclamation, S.R. No. 230/1992

Date of Making: 4.8.92
Date of Commencement: 4.8.92

Proclamation, S.R. No. 263/1992

Date of Making: 8.9.92
Date of Commencement: 8.9.92

Proclamation, S.R. No. 289/1992

Date of Making: 27.10.92
Date of Commencement: 27.10.92

Proclamation, S.R. No. 305/1992

Date of Making: 17.11.92
Date of Commencement: 17.11.92

Proclamation, S.R. No. 350/1992

Date of Making: 22.12.92
Date of Commencement: 27.1.93: para. (1)

Proclamation, S.R. No. 67/1993

Date of Making: 4.5.93
Date of Commencement: 4.5.93

Proclamation, S.R. No. 69/1993

Date of Making: 11.5.93
Date of Commencement: 11.5.93

Proclamation, S.R. No. 86/1993

Date of Making: 8.6.93
Date of Commencement: 8.6.93

Proclamation, S.R. No. 136/1993

Date of Making: 20.7.93
Date of Commencement: 20.7.93

Drugs, Poisons and Controlled Substances (Drugs of Dependence) Regulations 1999, S.R. No. 107/1999

Date of Making: 17.8.99
Date of Commencement: 17.8.99

Drugs, Poisons and Controlled Substances (Drugs of Dependence) Regulations 2000, S.R. No. 85/2000

Date of Making: 29.8.00
Date of Commencement: 29.8.00

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Government Gazettes     29 December 1983, page 4187

22 February 1984, page 575

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3   Explanatory details


[1] Schs 1–9 (Repealed):

Sch. 1 substituted by S.R. Nos 268/1985, 250/1990 para. (3), amended by S.R. No. 230/1992 para. (3), substituted by S.R. No. 67/1993 para. (3), amended by S.R. No. 86/1993 para. (3), repealed by No. 42/1993 s. 59.

Sch. 2 amended by No. 10002 s. 15(a)(i)(ii), S.R. Nos 77/1985, para. (1), 93/1985 regs 1, 2, 94/1985 para. (a)(i)–(xiv), 165/1985 para. (a), 208/1985 regs 1(a)(b), 2(a)(b), substituted by S.R. No. 268/1985, amended by S.R. Nos 92/1986 reg. 1, 82/1987 reg. 3(a), 254/1987 reg. 3(a), substituted by S.R. No. 250/1990 para. (4), amended by S.R. Nos 194/1991 para. (3), 230/1992 paras (4)(5), 263/1992 para. (3), 289/1992 para. (3), 305/1992 para. (3), 350/1992 para. (4), substituted by S.R. No. 67/1993 para. (4), amended by S.R. Nos 86/1993 para. (4)(a)(b), 136/1993 para. (3), repealed by No. 42/1993 s. 59.

Sch. 3 amended by No. 10002 s. 15(b)(i)–(iv), S.R. Nos 94/1985 para. (b)(i)–(ix), 165/1985 para. (b), 187/1985, 208/1985 reg. 3(a)(b), substituted by S.R. No. 268/1985, amended by S.R. Nos 254/1987 reg. 3(b)(i)–(iii), 23/1990 para. (3)(a), substituted by S.R. No. 250/1990 para. (5), amended by S.R. Nos 194/1991 para. (4), 230/1992 paras (4)(6), 263/1992 para. (4), 289/1992 para. (4), substituted by S.R. No. 67/1993 para. (5), amended by S.R. Nos 86/1993 para. (5)(a)–(c), 136/1993 para. (4), repealed by No. 42/1993 s. 59.

Sch. 4 amended by No. 10002 s. 15(c)(i)–(xxix) (as amended by No. 25/1990 s. 4(2)(a)(i)), GG 29.12.83 p. 4187, S.R. Nos 43/1984 regs 1, 2, 277/1984 para. (a)(i)–(vi), 2/1985 para. (a)(i)–(iv), 77/1985 para. (2), 90/1985 para. (a), 94/1985 para. (c)(i)–(xxi), 165/1985 para. (c)(i)–(iv), 208/1985 regs 4(a)–(i), 5(a)–(l), substituted by S.R. No. 268/1985, amended by S.R. Nos 92/1986 reg. 2, 82/1987 reg. 3(b), 254/1987 reg. 3(c)(i)(ii), 23/1990 para. (3)(b), substituted by S.R. No. 250/1990 para. (6), amended by S.R. Nos 194/1991 para. (5), 230/1992 paras (4)(7), 263/1992 para. (5), 289/1992 para. (5), 305/1992 para. (4), 350/1992 para. (5), substituted by S.R. No. 67/1993 para. (6), amended by S.R. Nos 86/1993 para. (6)(a)–(zm), 136/1993 para. (5)(a)–(p), repealed by No. 42/1993 s. 59.

Sch. 5 amended by No. 10002 s. 15(d)(i)–(ix) (as amended by No. 25/1990 s. 4(2)(a)(ii)), S.R. Nos 94/1985 para. (d)(i)–(iv), 165/1985 para. (d), 208/1985 reg. 6, substituted by S.R. Nos 268/1985, 250/1990 para. (7), amended by S.R. Nos 194/1991 para. (6), 230/1992 paras (4)(8), 263/1992 para. (6), 289/1992 para. (6), 305/1992 para. (5), 350/1992 para. (6), substituted by S.R. No. 67/1993 para. (7), amended by S.R. Nos 86/1993 para. (7)(a)–(d), 136/1993 para. (6)(a)–(h), repealed by No. 42/1993 s. 59.

Sch. 6 amended by No. 10002 s. 15(e)(i)–(xiii), GGs 29.12.83 pp 4187, 4188, 22.2.84 p. 575, S.R. Nos 43/1984 reg. 3, 2/1985 para. (b)(i)(ii), 90/1985 para. (b), 94/1985 para. (e)(i)–(vi), 165/1985 para. (e)(i)–(iv), 208/1985 regs 7(a)–(h), 8(a)–(h), substituted by S.R. No. 268/1985, amended by No. 12/1987 s. 36(5)(b)(i)(ii)(A)(B), S.R. Nos 254/1987 reg. 3(d)(i)–(iii), 366/1987 reg. 3, substituted by S.R. No. 250/1990 para. (8), amended by S.R. Nos 194/1991 para. (7), 230/1992 paras (4)(9), 263/1992 para. (7), 289/1992 para. (7), 305/1992 para. (6), substituted by S.R. No. 67/1993 para. (8), amended by S.R. Nos 86/1993 para. (8)(a)–(k), 136/1993 para. (7)(a)–(g), repealed by No. 42/1993 s. 59.

Sch. 7 amended by No. 10002 s. 15(f)(i)–(xii), GG 22.2.84 p. 575, S.R. Nos 277/1984 para. (b)(i)–(vi), 2/1985 para. (c)(i), 77/1985 para. (3), 94/1985 paras (f)(i)(g)(i)–(vii), 165/1985 para. (f), 208/1985 regs 9(a)–(c), 10(a)–(e), substituted by S.R. No. 268/1985, amended by S.R. Nos 92/1986 reg. 3, 82/1987 reg. 3(c), 23/1990 para. (3)(c), substituted by S.R. No. 250/1990 para. (9), amended by S.R. Nos 194/1991 paras (8)(9), 230/1992 paras (4)(10)(11), 263/1992 paras (8)(9), 289/1992 paras (8)(9), 305/1992 paras (7)(8), 350/1992 para. (7), substituted by S.R. No. 67/1993 para. (9), amended by S.R. Nos 86/1993 para. (9)(a)–(c), 136/1993 paras (8)(a)–(m), (9)(a)–(v), repealed by No. 42/1993 s. 59.

Sch. 8 amended by S.R. No. 208/1985 reg. 11, substituted by S.R. No. 268/1985, amended by S.R. No. 179/1986 reg. 2, substituted by S.R. No. 250/1990 para. (10), amended by S.R. Nos 194/1991 para. (10), 230/1992 para. (10), 305/1992 para. (9), substituted by S.R. No. 67/1993 para. (10), amended by S.R. Nos 86/1993 para. (10), 136/1993 para. (10)(a)(b), repealed by No. 42/1993 s. 59.

Sch. 9 repealed by No. 42/1993 s. 59.

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