Drugs, Poisons and Controlled Substances Amendment (Authorising Pharmacists) Act 2023 (Vic)

Drugs, Poisons and Controlled Substances Amendment (Authorising Pharmacists) Act 2023

No. 21 of 2023

table of provisions

Section  Page

1Purpose

2Commencement

3Regulations

4Repeal of this Act

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Endnotes

1      General information

Drugs, Poisons and Controlled Substances Amendment (Authorising Pharmacists) Act 2023

No. 21 of 2023

[Assented to 15 August 2023]

The Parliament of Victoria enacts:

1Purpose

The purpose of this Act is to amend the Drugs, Poisons and Controlled Substances Act 1981 to introduce new regulation powers to enable pharmacists to supply, dispense, administer, use or sell Schedule 4 poisons without a prescription in certain circumstances.

2Commencement

This Act comes into operation the day after the day on which it receives the Royal Assent.

3Regulations

After section 129(1)(fa) of the Drugs, Poisons and Controlled Substances Act 1981 insert—

"(fb)regulating, controlling or authorising the supply, dispensing, administration, use or sale of specified Schedule 4 poisons or specified classes of Schedule 4 poisons by a pharmacist without a prescription or other instruction or authorisation from a registered medical practitioner, registered optometrist, registered podiatrist, nurse practitioner, registered nurse, registered midwife or dentist—

(i)in specified circumstances and subject to any specified conditions; or

(ii)for specified activities; or

(iii)in accordance with the approval of the Secretary under the regulations;

(fc)for the purposes of paragraph (fb)(iii) and without limiting any other power of the Secretary, providing for the Secretary to approve the supply, dispensing, administration, use or sale of Schedule 4 poisons or classes of Schedule 4 poison by a pharmacist without a prescription or other instruction or authorisation from a registered medical practitioner, registered optometrist, registered podiatrist, nurse practitioner, registered nurse, registered midwife or dentist, including but not limited to the following—

(i)the Schedule 4 poisons or classes of Schedule 4 poisons which may be supplied, dispensed, administered, used or sold;

(ii)the circumstances in which a pharmacist may supply, dispense, administer, use or sell those Schedule 4 poisons;

(iii)the activities which may be carried out in relation to those Schedule 4 poisons;

(iv)any conditions to which the supply, dispensing, administration, use or sale is subject;".

4Repeal of this Act

This Act is repealed on the first anniversary of its commencement.

Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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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: 31 May 2023

Legislative Council: 22 June 2023

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, dispensing, administration, use and sale of Schedule 4 poisons by pharmacists without a prescription and for other purposes."