Drugs, Poisons and Controlled Substances Amendment (Medically Supervised Injecting Centre) Act 2023 (Vic)
Drugs, Poisons and Controlled Substances Amendment (Medically Supervised Injecting Centre) Act 2023
No. 7 of 2023
table of provisions
Section Page
Part 1—Preliminary
1Purpose
2Commencement
3Principal Act
Part 2—Centre to operate on ongoing basis
4Heading to Part IIA substituted
5Object
6Heading to section 55C amended
7Section 55F amended
8Section 55R repealed
Part 3—Consecutive licences
Division 1—Allowing more than one licence
9Section 55D substituted
Division 2—Commencement of subsequent licence immediately after revocation of previous licence
10Trial period for licensed medically supervised injecting centre
11Notices regarding licence
12Secretary's power to revoke licence
Division 3—Transitional obligations
13New sections 55EA and 55EB inserted
14Conditions of medically supervised injecting centre licence
15Disciplinary action for contravening licence condition or internal management protocols
16Secretary's power to revoke licence
Division 4—Surrender of licence
17Trial period for licensed medically supervised injecting centre
18Secretary's power to revoke licence
Division 5—Technical amendments
19References to only one licence
20References to only one licensee
Part 4—Transfer of licence
21Notices regarding licence
22New section 55JA inserted
Part 5—Directors and supervisors
23Meaning of director and supervisor of licensed medically supervised injecting centre—change of director's role
24Meaning of director and supervisor of licensed medically supervised injecting centre—registered nurse may be supervisor
25Meaning of director and supervisor of licensed medically supervised injecting centre—director may also be supervisor
26New section 149 inserted
Part 6—Further review
27Disciplinary action for contravening licence condition or internal management protocols
28Secretary's power to revoke licence
29Section 55PA inserted
Part 7—Delegation of power to approve internal management procedures
30Internal management protocols
Part 8—Planning schemes and planning amendments
31Planning permit not required
Part 9—Suspension and reinstatement of licences
32Notices regarding licence
33Disciplinary action for contravening licence condition or internal management protocols
Part 10—Minor and technical amendments
34Definitions
35References to entities
36Statute law revision
Part 11—Repeal of this Act
37Repeal of this Act
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Endnotes
1 General information
Drugs, Poisons and Controlled Substances Amendment (Medically Supervised Injecting Centre) Act 2023
No. 7 of 2023
[Assented to 16 May 2023]
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1Purpose
The purpose of this Act is to amend the Drugs, Poisons and Controlled Substances Act 1981—
(a)to provide for a licensed medically supervised injecting centre to operate on an ongoing basis by—
(i)providing that a medically supervised injecting centre licence may be renewed more than once; and
(ii)providing that the Part of that Act that provides for the centre and the licence is not automatically repealed on the sixth anniversary of that Part's commencement; and
(b)to provide that—
(i)more than one medically supervised injecting centre licence may be issued; and
(ii)there must not be more than one such licence in force at a time; and
(c)to provide for the commencement of a new medically supervised injecting centre licence following the revocation of an existing licence, including by—
(i)providing for the timing of the revocation of the existing licence and the commencement of the new licence; and
(ii)providing for agreements and deeds under which the licensee is required to facilitate the transition of services if the existing licence is to be revoked and a new licence issued; and
(iii)providing for a licence to be revoked on the request of a licensee but not to be surrendered by the licensee; and
(d)to provide for the transfer of a medically supervised injecting centre licence; and
(e)to make changes in relation to the roles of the supervisors and the director of the licensed medically supervised injecting centre; and
(f)to provide for a further review in relation to the licensed medically supervised injecting centre; and
(g)to allow the Secretary to delegate certain powers in relation to the internal management protocols of the licensed medically supervised injecting centre; and
(h)to make further provision regarding how planning schemes and planning amendments operate in relation to the licensed medically supervised injecting centre; and
(i)to make further provision in relation to the procedures for suspending and reinstating a medically supervised injecting centre licence; and
(j)to make minor and technical changes.
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 28 June 2023, 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.
PART 2—CENTRE TO OPERATE ON ONGOING BASIS
4Heading to Part IIA substituted
For the heading to Part IIA of the Principal Act substitute—
"PART IIA—MEDICALLY SUPERVISED INJECTING CENTRE".
5Object
In section 55A of the Principal Act omit "the trial of".
6Heading to section 55C amended
In the heading to section 55C of the Principal Act omit "for trial period".
7Section 55F amended
(1)For the heading to section 55F of the Principal Act substitute—
"Commencement, expiry and extension of medically supervised injecting centre licence".
(2)In section 55F(2) of the Principal Act, for "24 months" substitute "4 years".
(3)In section 55F(3) of the Principal Act, for "to change the day specified under subsection (1)(b) to a day that is not later than 36 months after the day previously specified under that provision." substitute "to specify a new day as the day until which the licence will remain in force unless sooner surrendered or revoked.".
(4)After section 55F(3) of the Principal Act insert—
"(3A)A day specified under subsection (3) must not be more than 4 years after the day previously specified in the licence as the day until which the licence will remain in force unless sooner surrendered or revoked.".
(5)In section 55F(4) of the Principal Act, for "only once." substitute "more than once.".
8Section 55R repealed
Section 55R of the Principal Act is repealed.
PART 3—CONSECUTIVE LICENCES
Division 1—Allowing more than one licence
9Section 55D substituted
For section 55D of the Principal Act substitute—
55DLimit on number of medically supervised injecting centre licences"
(1)There must not be more than one medically supervised injecting centre licence in force at the same time.
(2)If—
(a)a medically supervised injecting centre licence is issued; and
(b)at the time that the licence would commence, there is already another licence in force—
the licence referred to in paragraph (a) becomes invalid at that time.
Note
Section 55F(1B) provides that if the previous licence is to be revoked on the same day that the new licence is to commence, the new licence commences immediately after that revocation. Accordingly, the previous licence will not be in force at the time that the new licence commences, and so the new licence will not become invalid under subsection (2).".
Division 2—Commencement of subsequent licence immediately after revocation of previous licence
10Trial period for licensed medically supervised injecting centre
After section 55F(1) of the Principal Act insert—
"(1A)Without limiting subsection (1)(a), the day specified under that provision may be the same as the day that is specified under section 55G(3)(b) as the day on which another medically supervised injecting centre licence that is already in force is to be revoked.
(1B)If a day is specified under subsection (1)(a) as described in subsection (1A), the medically supervised injecting centre licence in which that day is specified commences immediately after the revocation of the other licence referred to in subsection (1A).
Note
A medically supervised injecting centre licence revoked under section 55J(1) is revoked on the first moment of the day specified in the instrument of revocation—see section 55J(2).".
11Notices regarding licence
For section 55G(3)(b) of the Principal Act substitute—
"(b)if the licence is revoked, the day of the revocation; and".
12Secretary's power to revoke licence
At the end of section 55J of the Principal Act insert—
"(2)A medically supervised injecting centre licence revoked under subsection (1) is revoked on the first moment of the day specified by the Secretary in respect of the revocation under section 55G(3)(b).".
Division 3—Transitional obligations
13New sections 55EA and 55EB inserted
After section 55E of the Principal Act insert—
55EAAgreements and deeds as to transitional obligations"
(1)A person who holds, or proposes to hold, a medically supervised injecting centre licence (the responsible person) may—
(a)enter into an agreement with the Secretary; or
(b)execute a deed in favour of the Secretary and in terms approved by the Secretary—
under which the responsible person is required to comply with transitional obligations set out in the agreement or deed.
(2)For the purposes of subsection (1), a transitional obligation is an obligation whose purpose is ensuring that the operation of a medically supervised injecting centre at the permitted site is, as far as is practicable, not interrupted in the event that—
(a)the licence referred to in subsection (1) is revoked; and
(b)a new medically supervised injecting centre licence is issued, or is to be issued, to another person (the successor).
(3)Without limiting subsection (2), transitional obligations may include the following—
(a)an obligation that the responsible person will give the successor or another person access to the licensed medically supervised injecting centre for the purpose set out in subsection (2);
(b)an obligation that the responsible person will, subject to any agreed consideration, transfer to the successor or another person records, plant, equipment or other things for the purpose set out in subsection (2);
(c)an obligation that the responsible person will facilitate the successor employing or engaging persons currently employed or engaged by the responsible person in relation to the licensed medically supervised injecting centre for the purpose set out in subsection (2);
(d)an obligation that the responsible person will provide other assistance to the successor or to another person for the purpose set out in subsection (2);
(e)an obligation that the responsible person will continue to operate the licensed medically supervised injecting centre until the revocation referred to in subsection (2)(a) takes effect.
(4)An agreement or deed under subsection (1) may make provision for or with respect to—
(a) monetary penalties—
(i)for a breach of the agreement or deed; or
(ii)for termination of the agreement or deed; and
(b)the recovery of monetary penalties referred to in paragraph (a).
(5)If a medically supervised injecting centre licence is in force, and the licensee has not entered into an agreement under subsection (1) or executed a deed under that subsection, the Secretary may direct the licensee—
(a)to enter into an agreement in accordance with that subsection; or
(b)to execute a deed in accordance with that subsection.
(6)If the holder of a medically supervised injecting centre licence has entered into an agreement under subsection (1) or executed a deed under that subsection, the Secretary may direct the licensee to make specified variations to that agreement or deed.
Note
It is a condition of the licence that the licensee must comply with a direction under subsection (5) or (6)—see section 55H(1)(ba).
55EBPenalty for breach of transitional obligation or termination of agreement or deed
(1)This section applies if—
(a)an agreement entered into, or a deed executed, in accordance with section 55EA(1) makes provision for or with respect to a penalty—
(i)for a breach of the agreement or deed constituted by a failure to comply with a transitional obligation; or
(ii)for termination of the agreement or deed; and
(b)that penalty does not exceed 100 penalty units; and
(c)that provision is expressed under the agreement or deed to be a penalty provision for the purposes of this section.
(2)A person is liable to pay, as a debt due to the State, the amount as required by a provision described in subsection (1) despite anything to the contrary in a rule of, or principle at, common law.
(3)In this section—
transitional obligation has the meaning given by section 55EA.".
14Conditions of medically supervised injecting centre licence
After section 55H(1)(b) of the Principal Act insert—
"(ba)the licensee must comply with a direction given to the licensee under section 55EA(5) or (6);".
15Disciplinary action for contravening licence condition or internal management protocols
(1)For the heading to section 55I of the Principal Act substitute—
"Disciplinary action".
(2)In section 55I(1) of the Principal Act—
(a)in paragraph (b), for "contravened." substitute "contravened; or";
(b)after paragraph (b) insert—
"(c)a licensee has breached or terminated an agreement entered into, or a deed executed, in accordance with section 55EA(1).".
16Secretary's power to revoke licence
After section 55J(a)(iv) of the Principal Act insert—
"(iva)the licensee has breached or terminated an agreement entered into, or a deed executed, in accordance with section 55EA(1); or".
Division 4—Surrender of licence
17Trial period for licensed medically supervised injecting centre
For section 55F(5) of the Principal Act substitute—
"(5)The purported surrender of a medically supervised injecting centre licence has no effect.
Note
The Secretary may revoke a medically supervised injecting centre licence on a request made by the licensee—see section 55J(1)(b).".
18Secretary's power to revoke licence
For section 55J(b) of the Principal Act substitute—
"(b)if the licensee requests the revocation and the Secretary is satisfied that it is appropriate to revoke the licence in the circumstances; or".
Division 5—Technical amendments
19References to only one licence
(1)In section 4 of the Principal Act, in the definition of licensed medically supervised injecting centre, for "the medically supervised injecting centre licence" substitute "a medically supervised injecting centre licence".
(2)In section 55C(2) of the Principal Act, for "The medically supervised injecting centre licence" substitute "A medically supervised injecting centre licence".
(3)In section 55C(3) and (4) of the Principal Act, for "the medically supervised injecting centre licence" substitute "a medically supervised injecting centre licence".
(4)In section 55E(1), (2) and (3) of the Principal Act, for "the medically supervised injecting centre licence" substitute "a medically supervised injecting centre licence".
(5)In section 55F(1) of the Principal Act, for "The medically supervised injecting centre licence" substitute "A medically supervised injecting centre licence".
(6)In section 55F(3) of the Principal Act, for "the medically supervised injecting centre licence" substitute "a medically supervised injecting centre licence".
(7)In section 55G(1), (2), (3) and (4) of the Principal Act, for "the medically supervised injecting centre licence" substitute "a medically supervised injecting centre licence".
(8)In section 55H(1) of the Principal Act, for "The medically supervised injecting centre licence" substitute "A medically supervised injecting centre licence".
(9)In section 55J of the Principal Act, for "the medically supervised injecting centre licence" substitute "a medically supervised injecting centre licence".
20References to only one licensee
(1)In section 55L(1) and (3) of the Principal Act, for "The licensee" substitute "The holder of a medically supervised injecting centre licence".
(2)For section 55N(1)(a) of the Principal Act substitute—
"(a)the holder of a medically supervised injecting centre licence;".
PART 4—TRANSFER OF LICENCE
21Notices regarding licence
After section 55G(4) of the Principal Act insert—
"(5)On transferring a medically supervised injecting centre licence under section 55JA, the Secretary must publish in the Government Gazette a notice that states—
(a)that the licence is to be transferred; and
(b)the day on which the transfer is to take effect; and
(c)the person from whom the licence is to be transferred; and
(d)the person to whom the licence is to be transferred.".
22New section 55JA inserted
After section 55J of the Principal Act insert—
55JATransfer of licence"
(1)This section applies if the Secretary has issued a medically supervised injecting centre licence.
(2)The licensee may apply to the Secretary for the transfer of the medically supervised injecting centre licence to another person (the proposed transferee).
(3)The licensee must not apply under subsection (2) without the agreement of the proposed transferee.
(4)On an application under subsection (2), the Secretary must, in accordance with this section, either—
(a)grant the application and transfer the licence to the proposed transferee; or
(b)refuse the application.
(5)The Secretary must not grant an application under subsection (2) unless—
(a)the Secretary has approved, under section 55E, internal management protocols for the proposed transferee; and
(b)the Secretary is satisfied that any other prescribed requirements have been satisfied.
(6)The Secretary may refuse an application under subsection (2) for any reason the Secretary thinks fit.
(7)In transferring a medically supervised injecting centre licence, the Secretary—
(a)may impose on the licence any conditions that the Secretary thinks fit; and
(b)may vary any conditions of the licence as the Secretary thinks fit; and
(c)must not extend or otherwise vary the licence.
Note
Section 55F provides for extension of the licence.
(8)On the transfer of a medically supervised injecting centre licence, the transferee becomes the licensee and assumes all of the licensee's obligations and liabilities in respect of the licence.
(9)The transfer of a medically supervised injecting centre licence takes effect on the day specified by the Secretary in respect of the transfer under section 55G(5)(b).
(10)The transfer of a medically supervised injecting centre licence does not alter the day on which the licence ceases to be in force as specified in the licence.
(11)The functions and powers of the Secretary under this section are not delegable.".
PART 5—DIRECTORS AND SUPERVISORS
23Meaning of director and supervisor of licensed medically supervised injecting centre—change of director's role
Section 55B(1)(a)(i) of the Principal Act is repealed.
24Meaning of director and supervisor of licensed medically supervised injecting centre—registered nurse may be supervisor
(1)In section 55B(2) of the Principal Act, after "a registered medical practitioner" insert "or a registered nurse".
(2)In section 55B(2) of the Principal Act—
(a)in paragraphs (a) and (b), after "practitioner" insert "or nurse";
(b)in paragraph (c), after "registered medical practitioner" insert "or registered nurse".
(3)In section 55B(3) of the Principal Act—
(a)for "a registered medical practitioner acting in that role—" substitute "a person—";
(b)for paragraphs (a) and (b) substitute—
"(a)who is acting in that role—
(i)during any illness or other absence of a person appointed to that role; or
(ii)while there is a vacancy in that role; and
(b)who is—
(i)in the case of a person acting in the role of director, a registered medical practitioner; or
(ii)in the case of a person acting in the role of supervisor, a registered medical practitioner or a registered nurse.".
25Meaning of director and supervisor of licensed medically supervised injecting centre—director may also be supervisor
(1)In section 55B(1) of the Principal Act—
(a)in paragraph (b), for "role; and" substitute "role.";
(b)paragraph (c) is repealed.
(2)In section 55B(2) of the Principal Act—
(a)in paragraph (a) omit "by the licensee or the director";
(b)after paragraph (a) insert—
"(ab)that appointment is made by—
(i)if the practitioner is also a director of the facility, the licensee; or
(ii)otherwise, either the licensee or the director; and".
26New section 149 inserted
After section 148 of the Principal Act insert—
"149 Transitional provision—Drugs, Poisons and Controlled Substances Amendment (Medically Supervised Injecting Centre) Act 2023
(1)This section applies in relation to a person who, immediately before the repeal of section 55B(1)(a)(i) by the Drugs, Poisons and Controlled Substances Amendment (Medically Supervised Injecting Centre) Act 2023, was a director for the purposes of this Act by reason of section 55B(1) as in force at that time.
(2)The repeal of section 55B(1)(a)(i) does not cause the person to cease to be a director under section 55B(1) for the purposes of this Act.".
PART 6—FURTHER REVIEW
27Disciplinary action for contravening licence condition or internal management protocols
In section 55I(1) of the Principal Act, for "the review under section 55P" substitute "a review under section 55P or 55PA".
28Secretary's power to revoke licence
In section 55J(a) of the Principal Act, for "the review under section 55P" substitute "a review under section 55P or 55PA".
29Section 55PA inserted
After section 55P of the Principal Act insert—
"55PA Second review of this Part and licensing of medically supervised injecting centre
(1)The Minister must arrange for a review to be conducted of—
(a)the operation and use of the licensed medically supervised injecting centre; and
(b)the extent to which the object of this Part has been advanced during a period specified by the Minister; and
(c)how this Part and any regulations made for the purposes of this Part have operated and whether they require amendment.
(2)The review—
(a)must be commenced no later than 30 June 2028; and
(b)may be completed before or after a medically supervised injecting centre licence that is in force at the time that the review is commenced ceases to have effect.
(3)The Minister is authorised to access, collect, use and disclose any data or information required to complete the review subject to—
(a)in the case of health information within the meaning of the Health Records Act 2001, the access, collection, use and disclosure being in accordance with that Act and the Health Privacy Principles; and
(b)in the case of personal information within the meaning of the Privacy and Data Protection Act 2014, the access, collection, use and disclosure being in accordance with that Act and the Information Privacy Principles.
(4)The Minister must cause a copy of the review to be tabled before each House of the Parliament as soon as practicable after the review is completed.".
PART 7—DELEGATION OF POWER TO APPROVE INTERNAL MANAGEMENT PROCEDURES
30Internal management protocols
After section 55E(4) of the Principal Act insert—
"(4A)The Secretary, by instrument, may delegate the power to give a written approval under subsection (4) to—
(a)a specified person who is employed under Part 3 of the Public Administration Act 2004; or
(b)each person of a specified class of persons who are employed under Part 3 of that Act.".
PART 8—PLANNING SCHEMES AND PLANNING AMENDMENTS
31Planning permit not required
(1)In section 55O of the Principal Act, for "in relation to" substitute "for the use or development of the permitted site for the purposes of".
(2)At the end of section 55O of the Principal Act insert—
"(2)In this section, use and development have the same meanings as they have in the Planning and Environment Act 1987.".
PART 9—SUSPENSION AND REINSTATEMENT OF LICENCES
32Notices regarding licence
(1)For section 55G(3)(c) of the Principal Act substitute—
"(c)if the licence is suspended—
(i)the day of the suspension specified in the notice of suspension as described in section 55I(2)(b)(i); and
(ii)that the licence is suspended until the end of the period of suspension specified in that notice as described in section 55I(2)(b)(ii) (if any), or until the licence is reinstated under section 55I(2B).".
(2)In section 55G(4) of the Principal Act, for "following a suspension of the licence," substitute "under section 55I(2B),".
(3)For section 55G(4)(b) of the Principal Act substitute—
"(b)the day of the reinstatement specified in the notice of reinstatement as described in section 55I(2C).".
33Disciplinary action for contravening licence condition or internal management protocols
(1)In section 55I(1) of the Principal Act, for "This section" substitute "Subsection (2)".
(2)For section 55I(2)(b) of the Principal Act substitute—
"(b)by written notice to the licensee, suspend the medically supervised injecting centre licence—
(i)from a day specified in the notice; and
(ii)either until the end of a period specified in the notice or until reinstatement under subsection (2B);".
(3)After section 55I(2) of the Principal Act insert—
"(2A)A medically supervised injecting centre licence suspended under subsection (2)—
(a)is suspended on the day specified by the Secretary in respect of the suspension under section 55G(3)(c)(i); and
(b)remains suspended until whichever of the following occurs first—
(i)the expiry of the period specified in respect of the suspension under section 55G(3)(c)(ii) (if any); or
(ii)the licence is reinstated under subsection (2B).
(2B)The Secretary may, by written notice to the licensee, reinstate a medically supervised injecting centre licence that has been suspended under subsection (2).
(2C)A medically supervised injecting centre licence reinstated under subsection (2B) is reinstated on the day specified by the Secretary in the notice under that subsection.".
(4)In section 55I(3) of the Principal Act, for "under section 55F(1)(b)." substitute "as specified in the licence.".
PART 10—MINOR AND TECHNICAL AMENDMENTS
34Definitions
In section 4(1) of the Principal Act, at the foot of the definition of staff insert—
"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.".
35References to entities
(1)In section 55C(1) and (3) of the Principal Act, for "an entity" substitute "a person".
(2)In section 55E(1) of the Principal Act—
(a)before "for a facility" insert "to a person";
(b)for "that entity." substitute "that person.".
(3)In section 119(eb) of the Principal Act, for "an entity" substitute "a person".
36Statute law revision
(1)In section 55J(a)(iii) of the Principal Act, for "a medically supervised injecting centre licence" substitute "the licence".
(2)In section 55N(1)(e)(ii) of the Principal Act, after "site;" insert "or".
PART 11—REPEAL OF THIS ACT
37Repeal of this Act
This Act is repealed on 28 June 2024.
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: 8 March 2023
Legislative Council: 2 May 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 medically supervised injecting centre and for other purposes."
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