Drugs, Poisons and Controlled Substances Amendment (Cultivation of a Narcotic Plant) Regulations 2013 (Vic)

Drugs, Poisons and Controlled Substances Amendment (Cultivation of a Narcotic Plant) Regulations 2013

S.R. No. 50/2013

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provisions

3Authority to cultivate narcotic plants for non‑therapeutic uses

4New regulation 52A inserted

52AAuthority to possess narcotic plant

═══════════════

ENDNOTES

STATUTORY RULES 2013

S.R. No. 50/2013

Drugs, Poisons and Controlled Substances Act 1981

Drugs, Poisons and Controlled Substances Amendment (Cultivation of a Narcotic Plant) Regulations 2013

The Governor in Council makes the following Regulations:

Dated: 30 April 2013

Responsible Minister:

MARY WOOLDRIDGE
Minister for Mental Health

YVETTE CARISBROOKE

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Drugs, Poisons and Controlled Substances Regulations 2006 to authorise certain classes of persons to possess the narcotic plant Papaver somniferum L. in certain circumstances.

2Authorising provisions

These Regulations are made under sections 129, 132, 132A and 132B of the Drugs, Poisonsand Controlled Substances Act 1981.

3Authority to cultivate narcotic plants for non‑therapeutic uses

At the end of regulation 52 of the Drugs, Poisons and Controlled Substances Regulations 2006[1] insert—

"(2)The holder of an authority under subregulation (1) is, for the purpose of that authority, authorized to possess the narcotic plant to which that authority relates for the purposes of sections 72, 72A, 72B and 73 of the Act.".

4New regulation 52A inserted

After regulation 52 of the Drugs, Poisons and Controlled Substances Regulations 2006 insert—

52AAuthority to possess narcotic plant"

(1)A person listed in column 1 of the following Table who is an employee of, or engaged by, the holder of an authority under regulation 52 to cultivate the narcotic plant Papaver somniferum L., is authorised to possess that narcotic plant in the circumstances and to the extent specified in column 2 of the Table in respect of that person.

Item No.	Column 1 Authorised person	Column 2 Circumstances and extent
1.	A person who transports a narcotic plant cultivated under an authority under regulation 52 after it has been harvested	For the purposes of transport and delivery to the person to whom the consignment of the narcotic plant is addressed
2.	A person who stores a narcotic plant cultivated under an authority under regulation 52 after it has been harvested	For the purposes of storing the narcotic plant after it has been harvested
3.	A person who processes a narcotic plant cultivated under an authority under regulation 52 after it has been harvested	For the purposes of processing the narcotic plant after it has been harvested

(2)In this regulation—

process means treat by mechanical, chemical or other artificial means.".

═══════════════

ENDNOTES

[1] Reg. 3: S.R. No. 57/2006.  Reprint No. 1 as at 16 June 2011.  Reprinted to S.R. No. 131/2010.  Subsequently amended by S.R. No. 136/2012.