Drugs, Poisons and Controlled Substances Amendment (Pill Testing) Act 2024 (Vic)

Drugs, Poisons and Controlled Substances Amendment (Pill Testing) Act 2024

No. 41 of 2024

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Purpose

2Commencement

3Principal Act

Part 2—Drug‑checking services

Division 1—Principal amendments

4Definitions

5New sections 4B and 4C inserted

6Issue of licences, permits and warrants

7What a licence, permit or warrant can authorise

8New sections 20AA and 20AAB inserted

9Suspension or cancellation

10New Subdivisions 3 and 4 inserted in Division 4 of Part II

11Inspections

Division 2—Miscellaneous amendments

12References to mobile bait facility

13New Subdivision headings inserted in Division 4 of Part II

Part 3—Use of automatic machines in treatment of opioid overdoses

14Vending machines for poisons or controlled substances

Part 4—Repeal of this Act

15Repeal of this Act

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Endnotes

1      General information

Drugs, Poisons and Controlled Substances Amendment (Pill Testing) Act 2024

No. 41 of 2024

[Assented to 6 November 2024]

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 drug‑checking services; and

(b)to permit the use of automatic machines in the supply of certain 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 8 September 2025, 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—DRUG‑CHECKING SERVICES

Division 1—Principal amendments

4Definitions

In section 4(1) of the Principal Act insert the following definitions—

"drug‑checking director means a general drug‑checking worker or special drug‑checking worker who—

(a)is engaged by the holder of a drug‑checking permit to do the things set out in section 20AA(6); and

(b)meets the prescribed requirements (if any);

drug‑checking permit means a permit issued under Division 4 of Part II in respect of the provision of a drug‑checking service;

drug‑checking place has the meaning given by section 4B;

drug‑checking service has the meaning given by section 4C;

fixed site drug‑checking permit means a drug‑checking permit issued in accordance with section 19(4A)(a);

general drug‑checking worker means a person who—

(a)is engaged by the holder of a drug‑checking permit to carry out activities under the permit that do not include anything set out in section 20AA(1) or (2) (whether the engagement is under a contract of employment, or as a volunteer, or otherwise); and

(b)meets the prescribed requirements (if any);

harm reduction information means—

(a)information about the composition of a substance, including information about the presence of poisons, controlled substances and drugs of dependence in it; or

(b)information about the use of a substance, including—

(i)information about the possible consequences of using the substance; and

(ii)information and advice about how to reduce the harm that use of the substance may cause; or

(c)information and advice about access to health services, welfare services and similar assistance;

mobile drug‑checking facility means a trailer or vehicle suitably fitted out or containing equipment and apparatus for—

(a)the provision of a drug‑checking service; and

(b)the carrying out of other activities under a drug‑checking permit—

whether those things are to be provided and carried out from the facility itself or from a structure temporarily used for that purpose;

mobile drug‑checking permit means a drug‑checking permit issued in respect of a mobile drug‑checking facility in accordance with section 19(4A)(b);

special drug‑checking worker means a person who—

(a)is engaged by the holder of a drug‑checking permit to do a thing set out in section 20AA(1) or (2)—

(i)whether the engagement is under a contract of employment, or as a volunteer, or otherwise; and

(ii)whether or not the worker's engagement involves them carrying out another activity under the permit; and

(b)holds the prescribed qualifications; and

(c)meets the prescribed other requirements (if any);".

5New sections 4B and 4C inserted

After section 4A of the Principal Act insert—

"4B   Meaning of drug‑checking place

(1)For the purposes of this Act, the drug‑checking place for a fixed site drug‑checking permit is the premises described in the permit.

(2)For the purposes of this Act, the drug‑checking place for a mobile drug‑checking permit consists of—

(a)the areas that are to be included under subsection (3) or (4); and

(b)if, under subsection (5), the mobile drug‑checking facility in respect of which the permit is issued is to be included, that facility.

(3)The area within a temporary structure is to be included if the structure is erected for the purposes of—

(a)the provision of a drug‑checking service under the drug‑checking permit; or

(b)the carrying out of another activity under the drug‑checking permit.

(4)If an approval under section 22CA(2) is issued to the holder of a mobile drug‑checking permit, each area identified in that approval is to be included during the period specified in the approval.

(5)The mobile drug‑checking facility is to be included if—

(a)the provision of a drug‑checking service under the drug‑checking permit; or

(b)the carrying out of another activity under the drug‑checking permit—

is to occur within the facility itself.

4CMeaning of drug‑checking service

(1)For the purposes of this Act, each of the following is a drug‑checking service—

(a)the service of analysing a substance for the purpose of obtaining information about the composition of the substance (including information about the presence of poisons, controlled substances and drugs of dependence in it);

Note

Under a drug‑checking permit, the substances in respect of which this service can be provided include substances supplied to the holder of the permit or a special drug‑checking worker at the drug‑checking place. See section 20AA(1).

(b)the service of providing harm reduction information.

Note

Harm reduction information includes the information referred to in paragraph (a)—see the definition of harm reduction information.

(2)However, none of the following is a drug‑checking service—

(a)anything done by an authorised police employee under section 44B;

(b)anything done under or for the purposes of a poppy cultivation licence;

(c)examination or testing of anything taken in accordance with Part IVA or IVB;

(d)analysis of a sample of a thing taken—

(i)in execution of a warrant; or

(ii)under section 91(2);

(e)analysis carried out for the purposes of a proceeding for an offence.".

6Issue of licences, permits and warrants

(1)In section 19(4) of the Principal Act—

(a)for "Unless a licence is a mobile facility licence, a licence, permit or warrant under this Division" substitute "A licence, permit or warrant (other than a mobile bait facility licence or a drug‑checking permit)";

(b)for "and no licence," substitute "and no such licence,".

(2)After section 19(4) of the Principal Act insert—

"(4A)A drug‑checking permit may be issued in respect of—

(a)the premises described in the permit; or

(b)a mobile drug‑checking facility identified in the permit.

(4B)A drug‑checking permit—

(a)is personal to the holder of the permit and is not transferrable to any other person; and

(b)is subject to—

(i)the conditions imposed under subsection (3) or (3A) (including the condition the Secretary is required to impose by section 20AAB(2)); and

(ii)the conditions set out in section 20AAB(1).

(4C)A fixed site drug‑checking permit must not be issued in relation to multiple premises.".

(3)In section 19(5) of the Principal Act, after "A licence, permit" insert "(other than a drug‑checking permit)".

(4)After section 19(5) of the Principal Act insert—

"(5A)A drug‑checking permit cannot be issued unless the Secretary is satisfied that—

(a)the applicant's premises or mobile facility (as the case requires); and

(b)the other things that the applicant proposes to use in the provision of drug‑checking services and the carrying out of other activities under the permit—

are suitable, sanitary and adequately equipped for that use.".

7What a licence, permit or warrant can authorise

(1)In section 20(3) of the Principal Act, after "A permit" insert "(other than a drug‑checking permit)".

(2)At the foot of section 20(3) of the Principal Act insert the following note—

"Note

Section 20AA sets out what is authorised by a drug‑checking permit.".

8New sections 20AA and 20AAB inserted

After section 20 of the Principal Act insert—

"20AA   What a drug‑checking permit authorises

(1)A drug‑checking permit authorises the holder of the permit, and each special drug‑checking worker engaged by the holder of the permit to do the following things at the drug‑checking place to which the permit relates—

(a)receive a substance that a person supplies so that—

(i)a drug‑checking service may be provided; or

(ii)the substance may be disposed of; and

(b)if the substance was supplied so that a drug‑checking service may be provided, supply back to the person any amount of the substance that is not required for that purpose; and

(c)provide a drug‑checking service in respect of the substance; and

(d)destroy the substance; and

(e)to the extent necessary to do a thing described in this subsection, possess a substance, except after a condition referred to in section 20AAB(2) has required it to be destroyed.

(2)A drug‑checking permit authorises the holder of the permit, and each special drug‑checking worker engaged by the holder of the permit to do the following things, whether at the drug‑checking place or elsewhere—

(a)supply a substance received as described in subsection (1)(a) to a person who holds another drug‑checking permit, or any other permit, under which receipt of that substance is authorised; and

(b)receive a substance from the holder of another drug‑checking permit who supplies it as described in paragraph (a) and—

(i)provide a drug‑checking service in respect of the substance; and

(ii)destroy the substance; and

(c)to the extent necessary to do a thing described in this subsection—

(i)possess a substance, except after a condition referred to in section 20AAB(2) has required it to be destroyed; and

(ii)transport or deliver a substance; and

(d)provide harm reduction information.

(3)An authorisation under subsection (1) or (2) to receive, possess, supply, destroy, transport or deliver a substance includes an authorisation to do that thing with any poison, controlled substance or drug of dependence contained in the substance.

(4)A drug‑checking permit authorises each general drug‑checking worker engaged by the holder of the permit to provide harm reduction information, whether at the drug‑checking place or elsewhere.

(5)Nothing in subsection (4) authorises a general drug‑checking worker—

(a)to receive, possess, or supply a substance; or

(b)to provide a drug‑checking service other than the service of providing harm reduction information.

(6)A drug‑checking permit authorises each drug‑checking director engaged by the holder of the permit to do the following things, whether at the drug‑checking place or elsewhere—

(a)oversee the provision of drug‑checking services; and

(b)perform the prescribed other duties (if any).

(7)Nothing in subsection (6) authorises a drug‑checking director—

(a)to receive, possess, or supply a substance; or

(b)to provide a drug‑checking service.

Note

If the drug‑checking director is a special drug‑checking worker, the director will be authorised to do these things under subsections (1) and (2). Alternatively, if the director is a general drug‑checking worker, the director will be authorised to provide harm reduction information under subsection (4).

20AABConditions of drug‑checking permit

(1)The conditions that a drug‑checking permit is subject to under section 19(4B)(b) are—

(a)that the holder of the permit keeps records of the prescribed matters in accordance with the regulations; and

(b)that the holder of the permit provides the Secretary with access to, or copies of, those records in accordance with the regulations; and

(c)that, at all times at which drug‑checking services under the permit are being provided or offered, there is a drug‑checking director on duty for the purposes of doing the things set out in section 20AA(6)(a) and (b); and

(d)that, at all times at which drug‑checking services under the permit are being provided or offered, the holder of the permit or a special drug‑checking worker is available to receive substances supplied for the purposes of disposal.

(2)Additionally the Secretary must include in a drug‑checking permit a condition that specifies when the holder of the permit is required to destroy a substance that comes into the possession of—

(a)the holder of the permit; or

(b)a special drug‑checking worker engaged by the holder of the permit—

in the course of providing drug‑checking services, or carrying out another activity, under the permit.".

9Suspension or cancellation

(1)After section 22C(1)(b) of the Principal Act insert—

"(ba)in the case of a drug‑checking permit, a drug‑checking director engaged in relation to that permit proves not to be a fit and proper person; or".

(2)In section 22C(1)(e) of the Principal Act, after "at" insert "or using".

10New Subdivisions 3 and 4 inserted in Division 4 of Part II

After section 22C of the Principal Act insert—

"Subdivision 3—Approval of areas under mobile drug‑checking permits

22CAApproval of area within permanent structure for purposes of mobile drug‑checking permit

(1)The holder of a mobile drug‑checking permit may apply to the Secretary for approval to temporarily use an area within a permanent structure for the purposes of—

(a)the provision of a drug‑checking service under the drug‑checking permit; or

(b)the carrying out of another activity under the drug‑checking permit.

Note

Section 22CB sets out the requirements for an application under this subsection.

(2)On an application under subsection (1), the Secretary must, in accordance with this section, either—

(a)issue an approval; or

Note

Section 22CB sets out the requirements for an approval under this subsection.

(b)refuse the application.

(3)In determining whether to issue an approval under subsection (2), the Secretary must have regard to—

(a)whether the area is sufficiently well defined in the application; and

(b)the prescribed other matters (if any).

(4)On issuing an approval under subsection (2), the Secretary must publish the approval in the Government Gazette.

(5)The Secretary, by instrument, may delegate the Secretary's powers and functions under this section 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.

22CBForm of applications and approvals

(1)Each of the following things must comply with the requirements specified in subsection (2)—

(a)an application under section 22CA(1); and

(b)an approval under section 22CA(2).

(2)The requirements are that the application or approval must—

(a)be in writing; and

(b)identify the permanent structure that is to be used for the purposes of—

(i)the provision of a drug‑checking service under the drug‑checking permit; or

(ii)the carrying out of another activity under the drug‑checking permit; and

(c)identify each area within that structure that is to be used for those purposes; and

(d)specify the period during which those areas are to be used for those purposes; and

(e)contain the prescribed information (if any).

Subdivision 4—Miscellaneous provisions for drug‑checking permits

22CCMeaning of client

For the purposes of this Subdivision, a person attends a drug‑checking place as a client if they attend for any of the following purposes—

(a)supplying a substance to—

(i)the holder of the drug‑checking permit; or

(ii)a special drug‑checking worker engaged by the holder of the permit—

either so that a drug‑checking service may be provided or so that the substance may be disposed of;

(b)being provided with a drug‑checking service.

22CDExemption from criminal liability and authorizations for clients

(1)Subject to subsection (2), a person who attends a drug‑checking place as a client is authorised, at that place, to do the following things—

(a)to possess a poison, controlled substance or drug of dependence;

(b)to supply a poison, controlled substance or drug of dependence to—

(i)the holder of the drug‑checking permit for that drug‑checking place; or

(ii)a special drug‑checking worker engaged by the holder of the permit;

(c)to receive and possess a poison, controlled substance or drug of dependence supplied to the person as authorised by section 20AA(1)(b).

(2)Subsection (1) does not authorise a person to possess or supply a drug of dependence in a quantity that is, or is greater than, the traffickable quantity (within the meaning of Part V) applicable to that drug of dependence.

(3)A person who is authorised to do a particular thing by subsection (1) is exempt from liability for an offence against Part V or the regulations which is constituted by the doing of that thing.

(4)Nothing in this section exempts any person from, or otherwise affects, any condition or obligation imposed—

(a)by or under any order of, or undertaking given to, a court or tribunal; or

(b)by or under any Act or law other than this Act.

(5)Without limiting subsection (4), the conditions and obligations referred to in that subsection include conditions and obligations under—

(a)a sentencing order under the Sentencing Act 1991; or

(b)a correctional order within the meaning of the Corrections Act 1986; or

(c)a bail undertaking within the meaning of the Bail Act 1977; or

(d)an order under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997; or

(e)an order under the Serious Offenders Act 2018; or

(f)a prescribed law, or an instrument of a prescribed class.

22CEPolice discretions not affected

Nothing in section 22CD affects any discretion a police officer may exercise in relation to not charging a person with an offence against Part V or the regulations when the person is in the vicinity of a drug‑checking place for the purposes of attending it as a client.

22CFExemption for permit holders and drug‑checking workers

A person who is authorised by a drug‑checking permit to do a thing set out in section 20AA is exempt from liability for an offence against this Act or the regulations constituted by the doing of that thing.

22CGExemption relating to possession under section 5

(1)Each of the persons specified in subsection (2) is exempt from liability for an offence against this Act or the regulations constituted by the possession of a poison, controlled substance or drug of dependence if the possession—

(a)arises by operation of section 5; and

(b)occurs in the course of a person doing a thing under a drug‑checking permit.

(2)The specified persons are—

(a)the holder of the drug‑checking permit; and

(b)a special drug‑checking worker engaged by the holder of the drug‑checking permit; and

(c)each owner or occupier of the land or premises on which the possession occurs.

(3)A person who, under subsection (1), is exempted from liability for an offence constituted by possessing a poison, controlled substance or drug of dependence is taken, for the purposes of this Act, to be authorized by this Act to possess that poison, controlled substance or drug of dependence as described in that subsection.

22CHExemption from civil liability

(1)This section applies to the following—

(a)the holder of a drug‑checking permit;

(b)a drug‑checking director;

(c)each other—

(i)general drug‑checking worker; or

(ii)special drug‑checking worker;

(d)an owner or occupier of—

(i)a drug‑checking place; or

(ii)the land or premises on which a drug‑checking place is located;

(e)each trustee or member of a committee of management or board (however described) of—

(i)the holder of a drug‑checking permit; or

(ii)an owner or occupier referred to in paragraph (d).

(2)A person to whom this section applies is not subject to any civil liability for an act or omission that is done or omitted to be done—

(a)in good faith; and

(b)under a drug‑checking permit; and

(c)in the case of an act or omission that is subject to the permit, this Division or regulations made for the purposes of this Division, in accordance with the permit, this Division and those regulations.

(3)Without limiting subsection (2), that subsection applies to an act or omission that—

(a)relates to the supply or possession of a poison, controlled substance or drug of dependence at a drug‑checking place; and

(b)satisfies the requirements of subsection (2)(a), (b) and (c).

(4)Without limiting subsection (2), a person referred to in subsection (1)(a), (b) or (c) who acts or fails to act under the permit, this Division or regulations made for the purposes of this Division in the reasonable belief that the act or omission is in accordance with the permit, this Division or those regulations does not commit—

(a)unprofessional conduct within the meaning and for the purposes of the Health Practitioner Regulation National Law; or

(b)a breach of professional etiquette or any other code of conduct.

(5)Nothing in this section affects any rights or obligations between the holder of a drug‑checking permit and—

(a)a drug‑checking director engaged by the holder of the permit; or

(b)any other—

(i)general drug‑checking worker; or

(ii)special drug‑checking worker—

engaged by the holder of the permit.

(6)Nothing in this section affects or limits any Crown immunity that applies to a person who exercises a power or function under this Division.

22CIPlanning permit not required

Nothing in a planning scheme or a planning scheme amendment under the Planning and Environment Act 1987 is to be taken to require a planning permit for the use or development of premises for the purposes of—

(a)the provision of drug‑checking services; or

(b)the carrying out of another activity under a drug‑checking permit.

22CJRegulations

(1)The Governor in Council may make regulations for or with respect to the following—

(a)standards for—

(i)the provision of drug‑checking services; or

(ii)the carrying out of another activity under a drug‑checking permit;

(b)regulating the possession, analysis, supply, storage, destruction, transport or delivery of a substance in the course of—

(i)the provision of drug‑checking services; or

(ii)the carrying out of another activity under a drug‑checking permit;

(c)standards for a drug‑checking place;

(d)requirements that a person must meet in order to be a fit and proper person in relation to the issue of a drug‑checking permit;

(e)approvals and applications under section 22CA.

(2)Regulations made under this section may—

(a)be of general or limited application;

(b)differ according to differences in time, place or circumstance;

(c)confer powers or discretions or impose duties on any person or other entity or on a specified person or other entity or class of persons or other entities;

(d)provide in a specified case or class of cases for the exemption of persons, other entities or things or a class of persons, other entities or things from any of the provisions of the regulations—

(i)whether unconditionally or on specified conditions; and

(ii)either wholly or to the extent specified in the regulations.".

11Inspections

After section 42(1)(ad) of the Principal Act insert—

"(ae)if a fixed site drug‑checking permit has been issued, enter the drug‑checking place under that permit;

(af)if a mobile drug‑checking permit has been issued—

(i)enter the drug‑checking place to which that permit relates; and

(ii)otherwise enter the mobile facility to which that permit relates;".

Division 2—Miscellaneous amendments

12References to mobile bait facility

(1)In section 4(1) of the Principal Act—

(a)insert the following definitions—

"mobile bait facility means a trailer or vehicle suitably fitted out or containing equipment and apparatus for the manufacture, sale and supply of a perishable pest animal bait that is a Schedule 7 poison to which a mobile bait facility licence relates;

mobile bait facility licence means a licence issued under section 19(6);

mobile bait facility location means a location where the manufacture, sale or supply of a perishable pest animal bait that is a Schedule 7 poison authorised under a mobile bait facility licence is carried out;";

(b)for the definition of mobile facility substitute—

"mobile facility means—

(a)a mobile bait facility; or

(b)a mobile drug‑checking facility;";

(c)the definitions of mobile facility licence and mobile facility location are repealed.

(2)In section 19(6) of the Principal Act, for "mobile facility." substitute "mobile bait facility.".

(3)In section 19(7) of the Principal Act, for "mobile facility" (wherever occurring) substitute "mobile bait facility".

(4)In section 20(2) of the Principal Act, for "mobile facility" (wherever occurring) substitute "mobile bait facility".

13New Subdivision headings inserted in Division 4 of Part II

(1)After the heading to Division 4 of Part II of the Principal Act insert the following heading—

"Subdivision 1—Preliminary".

(2)After section 18A of the Principal Act insert the following heading—

"Subdivision 2—Principal provisions".

PART 3—USE OF AUTOMATIC MACHINES IN TREATMENT OF OPIOID OVERDOSES

14Vending machines for poisons or controlled substances

(1)In section 30(1) of the Principal Act, for "A person" substitute "Subject to subsection (1A), a person".

(2)After section 30(1) of the Principal Act insert—

"(1A)Nothing in subsection (1) prohibits a person from—

(a)installing, or allowing the installation of, an automatic machine for the sale or supply of a poison specified in subsection (1B) for the treatment of opioid overdose; or

(b)selling or supplying, by means of an automatic machine, a poison specified in subsection (1B) for the treatment of opioid overdose; or

(c)placing a poison specified in subsection (1B), or allowing the placement of such a poison, in an automatic machine by means of which that poison is to be sold or supplied for the treatment of opioid overdose; or

(d)allowing a person to purchase, be supplied with or otherwise obtain a poison specified in subsection (1B) by means of an automatic machine described in paragraph (a).

(1B)The poisons that are specified for the purposes of subsection (1A) are—

(a)Schedule 2 poisons; and

(b)naloxone; and

(c)other Schedule 3 poisons.".

PART 4—REPEAL OF THIS ACT

15Repeal of this Act

This Act is repealed on 8 September 2026.

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: 11 September 2024

Legislative Council: 17 October 2024

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 drug‑checking services and opioid overdose and for other purposes."