Drugs, Poisons and Controlled Substances (Amendment) Act 1998 (Vic)

Drugs, Poisons and Controlled Substances

(Amendment) Act 1998

Act No. 9/1998

TABLE OF PROVISIONS

Section Page

1.	Purposes	1
2.	Commencement	2
3.	Principal Act	2
4.	Licence to sell or supply Schedule 7 poisons by retail no longer
required	2
5.	Amendment of authorised person and offence provisions	2
6.	Repeal of provisions relating to trade or proprietary medicines	3
7.	Amendment of section 33—period for notification	4
8.	Section 34 permit not required in certain circumstances	4
9.	New section 35A inserted	4
35A. Chief General Manager may specify medical conditions	5
10.	Statute law revision	5

═══════════════

NOTES 7

i

Victoria

No. 9 of 1998

Drugs, Poisons and Controlled

Substances (Amendment) Act 1998†

[Assented to 28 April 1998]

The Parliament of Victoria enacts as follows:

1. Purposes

The main purposes of this Act are—

(a)	to repeal section 31 of the Drugs, Poisons and Controlled Substances Act 1981;
(b)	to make the sale or supply of certain Schedule 7 poisons by retail no longer subject to the requirement to have a licence;
(c)	to make provision in relation to the treatment of certain patients by medical practitioners

Drugs, Poisons and Controlled Substances (Amendment) Act
1998

s. 2
s. 5

Act No. 9/1998

with Schedule 8 poisons in certain

circumstances.

2. Commencement

(1) Section 1 and this section come into operation on

the day on which this Act receives the Royal

Assent.

(2) Subject to sub-section (3), the remaining

provisions of this Act come into operation on a

day or days to be proclaimed.

(3) If a provision referred to in sub-section (2) does

not come into operation before 1 July 1999, it

comes into operation on that day.

3. Principal Act

In this Act, the Drugs, Poisons and Controlled	Act No. 9719. Reprint No. 4
Substances Act 1981 is called the Principal Act.	as at 5 May 1997. Further
amended by Nos 56/1996,
48/1997, 54/1997,
58/1997 and 108/1997.

4.  Licence to sell or supply Schedule 7 poisons by retail no longer required

(1) In section 20(1) of the Principal Act—

(a) for paragraph (f) substitute— "(f) sell or supply by retail any Schedule 2

poison;";

(b) paragraph (g) is repealed.

(2) In section 20 of the Principal Act, sub-section (2)

is repealed.

5.  Amendment of authorised person and offence provisions

Drugs, Poisons and Controlled Substances (Amendment) Act
1998

s. 6 Act No. 9/1998

(1) In section 13 of the Principal Act, in sub-section (2), for "or a Schedule 6 poison" substitute ", a Schedule 6 poison or a Schedule 7 poison that is not a Schedule 7 poison that is included in the

Poisons Code in the list of substances that are not for general sale by retail".

(2) In section 13 of the Principal Act, for sub-section

(4) substitute—

"(4) A person is authorised to sell or supply by

retail, subject to and in accordance with the
regulations—

(a) any Schedule 5 poison; or (b) any Schedule 6 poison; or

(c) any Schedule 7 poison that is not a Schedule 7 poison that is included in the Poisons Code in the list of substances that are not for general sale by retail.".

(3) In section 26(1) of the Principal Act, for ", other

than a Schedule 5 poison or a Schedule 6 poison," not a Schedule 7 poison that is included in the Poisons Code in the list of substances that are not for general sale by retail)".

substitute "(other than a Schedule 5 poison, a

(4) In section 27 of the Principal Act, for "or a

Schedule 6 poison" substitute ", a Schedule 6 general sale by retail".

poison or a Schedule 7 poison that is not a
Schedule 7 poison that is included in the Poisons

6.  Repeal of provisions relating to trade or proprietary medicines

Drugs, Poisons and Controlled Substances (Amendment) Act
1998

Act No. 9/1998 s. 9

Division 9 of Part II of the Principal Act is repealed.

7. Amendment of section 33—period for notification

In section 33 of the Principal Act—

(a)	in sub-section (2), for "administer sell or supply" substitute "administer, supply or prescribe";
(b)	8 weeks" substitute "8 weeks from the

in sub-section (3), for "that period of supply or prescription".

8.  Section 34 permit not required in certain circumstances

After section 35(2) of the Principal Act insert—

"(2A) Despite sub-section (2), a registered medical

practitioner is authorised to administer,
supply or prescribe a Schedule 8 poison to or
for a person, other than a drug-dependent
person, during a continuous period greater
than 8 weeks without a permit issued under

section 34(1) if—

(a) prescription of that Schedule 8 poison

the administration, supply or condition in the circumstances (if any) specified by the Chief General Manager in accordance with section 35A; and

(b) given notice to the Chief General

the registered medical practitioner has 33(2).".

9. New section 35A inserted

After section 35 of the Principal Act insert—

Drugs, Poisons and Controlled Substances (Amendment) Act
1998

Act No. 9/1998

"35A. Chief General Manager may specify

medical conditions

(1) The Chief General Manager, by notice

published in the Government Gazette, may

specify—

(a)	any medical condition to be a medical condition for the purposes of section 35(2A); and
(b)	the circumstances (if any) applicable to that medical condition for the purposes of that section.

(2) The Chief General Manager, by notice

published in the Government Gazette—

(a) may amend a notice made under sub- section (1) by—

(i)

adding or removing a medical of a medical condition; or

(ii) adding or removing the
circumstances which apply to a
medical condition or amending
the circumstances which apply to
a medical condition; or

(b) may revoke a notice made under sub- section (1).".

10. Statute law revision

In the Principal Act—

(a) in section 4(1)—

(i)

in the definition of "automatic "employee";

Drugs, Poisons and Controlled Substances (Amendment) Act
1998

Act No. 9/1998 s. 10

(ii)

in the definition of "drug of "any" (where first occurring);

(b)

in section 12F(1), for "Subordinate "Subordinate Legislation Act 1994".

═══════════════
Drugs, Poisons and Controlled Substances (Amendment) Act
1998

Notes Act No. 9/1998

NOTES

†

Minister's second reading speech—

Legislative Council: 24 March 1998

Legislative Assembly: 9 April 1998

The long title for the Bill for this Act was "to amend the Drugs, Poisons
and Controlled Substances Act 1981 in relation to various matters of
licensing, permits, sale and supply and notification and for other
purposes."