Drugs, Poisons and Controlled Substances Amendment Act 2021 (Vic)

Drugs, Poisons and Controlled Substances Amendment Act 2021

No. 17 of 2021

table of provisions

Section  Page

1Purpose

2Commencement

3Principal Act

4Inciting etc.

5General regulations

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Endnotes

1      General information

Drugs, Poisons and Controlled Substances Amendment Act 2021

No. 17 of 2021

[Assented to 18 May 2021]

The Parliament of Victoria enacts:

1Purpose

The main purpose of this Act is to amend the Drugs, Poisons and Controlled Substances Act 1981 in relation to—

(a)the supply of hypodermic needles and syringes; and

(b)the supply, administration and possession of naloxone or other Schedule 2 or Schedule 3 poisons for the treatment of opioid overdose.

2Commencement

(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2)If a provision of this Act does not come into operation before 4 August 2021, it comes into operation on that day.

3Principal Act

In this Act, the Drugs, Poisons and Controlled Substances Act 1981 is called the Principal Act.

4Inciting etc.

After section 80(7) of the Principal Act insert—

"(8)A person who sells or supplies a hypodermic needle or a syringe is not guilty of an offence under this section by reason only of being involved in the commission of an offence against any provision referred to in this section if the hypodermic needle or syringe is obtained from a person or organisation referred to in subsection (5)(a) or (b).

(9)Subsection (8) applies whether or not the hypodermic needle or syringe is sold or supplied for personal use.

(10)Despite section 70(2), in subsections (5), (8) and (9) supply has the same meaning as in section 4(1).".

5General regulations

After section 132(y) of the Principal Act insert—

"(ya)regulating, controlling or authorising the supply, possession, administration and use of naloxone or other Schedule 2 or Schedule 3 poisons for the treatment of opioid overdose, including, but not limited to, different requirements in relation to the supply, possession, administration and use of naloxone or those other Schedule 2 or Schedule 3 poisons—

(i)by different persons or classes of persons; or

(ii)to different persons or classes of persons; or

(iii)in any specified circumstances; or

(iv)subject to conditions specified in any authority or approval;".

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Endnotes

1   General information

See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 12 November 2020

Legislative Council: 4 March 2021

The long title for the Bill for this Act was "A Bill for an Act to amend the Drugs, Poisons and Controlled Substances Act 1981 in relation to the supply of hypodermic needles and syringes and the supply, possession and administration of naloxone or other Schedule 2 or Schedule 3 poisons for the treatment of opioid overdose and for other purposes."