Drugs, Poisons and Controlled Substances Amendment Regulations 2016 (Vic)

Drugs, Poisons and Controlled Substances Amendment Regulations 2016

S.R. No. 132/2016

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provisions

3Commencement

4Principal Regulations

5New Division 10 inserted in Part 2

6Authority to permit use of premises—owners and occupiers

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Endnotes

STATUTORY RULES 2016

S.R. No. 132/2016

Drugs, Poisons and Controlled Substances Act 1981

Drugs, Poisons and Controlled Substances Amendment Regulations 2016

The Governor in Council makes the following Regulations:

Dated: 18 October 2016

Responsible Minister:

MARTIN FOLEY
Minister for Mental Health

ANDREW ROBINSON

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Drugs, Poisons and Controlled Substances Regulations 2006 to provide authorities to owners or occupiers of land or premises for the purposes of section 72D of the Drugs, Poisons and Controlled Substances Act 1981, inserted by the Drugs, Poisons and Controlled Substances Amendment Act 2016.

2Authorising provisions

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

3Commencement

(1)These Regulations (except regulation 6) come into operation on 20 October 2016.

(2)Regulation 6 comes into operation on 21 October 2016.

4Principal Regulations

In these Regulations, the Drugs, Poisons and Controlled Substances Regulations 2006[1] are called the Principal Regulations.

5New Division 10 inserted in Part 2

After Division 9 of Part 2 of the Principal Regulations insert—

"Division 10―Use of premises―drugs of dependence

56Authority to permit use of premises—owners and occupiers

(1)For the purposes of section 72D(1) of the Act, an owner or occupier of land or premises is authorised to permit a person to use that land or premises to carry out an activity that falls within the definition of traffick in section 70 of the Act in relation to a drug of dependence if—

(a)the drug of dependence is a poison or controlled substance; and

(b)the person is—

(i)a registered medical practitioner, pharmacist, veterinary practitioner, dentist, nurse practitioner, authorised registered midwife, authorised optometrist or authorised podiatrist carrying on the lawful practice of that person's profession; or

(ii)the holder of a licence, permit, warrant or other authority under the Act or these Regulations to manufacture, sell or supply that poison or controlled substance; and

(c)the activity is—

(i)carried out to the extent and for the purposes authorised by or licensed or permitted under the Act or these Regulations; and

(ii)in the case of paragraph (b)(ii), in accordance with that licence, permit, warrant or other authority.

(2)For the purposes of section 72D(2) of the Act, an owner or occupier of land or premises is authorised to permit a person to use that land or premises to cultivate a drug of dependence if—

(a)the drug of dependence is a poison or controlled substance; and

(b)the person holds a licence, permit, warrant or other authority under the Act or these Regulations to cultivate that drug of dependence; and

(c)that cultivation is—

(i)carried out to the extent and for the purposes authorised by or licensed or permitted under the Act or these Regulations; and

(ii)in accordance with that licence, permit, warrant or other authority.".

6Authority to permit use of premises—owners and occupiers

(1)After regulation 56(1) of the Principal Regulations insert—

"(1A)For the purposes of section 72D(1) of the Act, an owner or occupier of land or premises is authorised to permit a person to use that land or premises to carry out an activity that falls within the definition of traffick in section 70 of the Act in relation to a drug of dependence if—

(a)the drug of dependence is medicinal cannabis; and

(b)the person is—

(i)the Resources Secretary within the meaning of the Access to Medicinal Cannabis Act 2016; or

(ii)the Health Secretary within the meaning of the Access to Medicinal Cannabis Act 2016; or

(iii)a pharmacist; or

(iv)the holder of a licence or other authority under the Access to Medicinal Cannabis Act 2016 or the regulations under that Act to manufacture, sell or supply medicinal cannabis; and

(c)the activity is—

(i)carried out to the extent and for the purposes authorised by or licensed under the Access to Medicinal Cannabis Act 2016 or the regulations under that Act; and

(ii)in the case of paragraph (b)(iv), in accordance with that licence or other authority.".

(2)After regulation 56(2) of the Principal Regulations insert—

"(3)For the purposes of section 72D(2) of the Act, an owner or occupier of land or premises is authorised to permit a person to use that land or premises to cultivate a drug of dependence if—

(a)the drug of dependence is medicinal cannabis; and

(b)the person holds a medicinal cannabis cultivation licence; and

(c)that cultivation is in accordance with that licence.".

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Endnotes

[1] Reg. 4: 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. Nos 136/2012, 50/2013, 107/2013, 108/2013, 194/2014, 14/2015, 110/2015 and 20/2016 and extended in operation by S.R. No. 42/2016.