Drugs, Poisons and Controlled Substances (Precursor Supply) Regulations 2010 (Vic)

Version No. 002

Drugs, Poisons and Controlled Substances (Precursor Supply) Regulations 2010

S.R. No. 130/2010

Version as at

13 October 2020

TABLE OF PROVISIONS

Regulation  Page

1Objectives

2Authorising provision

3Commencement

4Definition

5Prescribed category 1 precursor chemicals

6Prescribed category 2 precursor chemicals

7Prescribed category 3 precursor apparatus

8End user declarations

Schedule 1—Category 1 precursor chemicals

Schedule 2—Category 2 precursor chemicals

Schedule 3—Category 3 precursor apparatus

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Endnotes

1      General information

2      Table of Amendments

3      Amendments Not in Operation

4      Explanatory details

Version No. 002

Drugs, Poisons and Controlled Substances (Precursor Supply) Regulations 2010

S.R. No. 130/2010

Version as at

13 October 2020

1Objectives

The objectives of these Regulations are—

(a)to prescribe precursor chemicals and precursor apparatus; and

(b)to prescribe other matters that need to be prescribed for the purposes of Part VB of the Drugs, Poisons and Controlled Substances Act 1981.

2Authorising provision

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

3Commencement

These Regulations come into operation on 1 January 2011.

4Definition

In these Regulations the Act means the Drugs, Poisons and Controlled Substances Act 1981.

5Prescribed category 1 precursor chemicals

For the purposes of the definition of category 1 precursor chemical in section 4(1) of the Act, a substance specified in Schedule 1 is a category 1 precursor chemical.

6Prescribed category 2 precursor chemicals

For the purposes of the definition of category 2 precursor chemical in section 4(1) of the Act, a substance specified in Schedule 2 is a category 2 precursor chemical.

7Prescribed category 3 precursor apparatus

For the purposes of the definition of category 3 precursor apparatus in section 4(1) of the Act, an item or class of items specified in Schedule 3 is a category 3 precursor apparatus.

8End user declarations

(1)For the purposes of section 80J(1)(c) of the Act, the prescribed particulars for an end user declaration for the supply of a category 1 precursor chemical are—

(a)the name and address of the receiver; and

(b)details of the receiver's proof of identity provided by the receiver to the supplier; and

(c)the name and quantity of the category 1 precursor chemical to be supplied; and

(d)the proposed date of the supply of the category 1 precursor chemical from the supplier's premises (if known); and

(e)the intended use of the category 1 precursor chemical.

(2)For the purposes of section 80L(b)(ii) of the Act, the prescribed particulars for an end user declaration for the supply of a category 2 precursor chemical are—

(a)the name and address of the receiver; and

(b)details of the receiver's proof of identity provided by the receiver to the supplier; and

(c)the name and quantity of the category 2 precursor chemical to be supplied; and

(d)the intended use of the category 2 precursor chemical.

(3)For the purposes of section 80M(b)(ii) of the Act, the prescribed particulars for an end user declaration for a category 3 precursor apparatus are—

(a)the name and address of the receiver; and

(b)details of the receiver's proof of identity provided by the receiver to the supplier; and

(c)the name and quantity of the category 3 precursor apparatus to be supplied; and

(d)the intended use of the category 3 precursor apparatus.

Schedule 1—Category 1 precursor chemicals

Regulation 5

ACETIC ANHYDRIDE

4-ALLYLPYROCATECHOL (also known as 2-Hydroxychavicol)

ALPHA PHENYLACETOACETONITRILE (also known as alpha Acetyl Phenylacetonitrile)

4-AMINO-BUTANOIC ACID (also known as Piperidinic acid)

ANETHOLE (also known as trans-Anethole)

BORON TRIBROMIDE

BROMO SAFROLE

BROMOBENZENE (also known as Phenylbromide)

1,4-BUTANEDIOL (also known as Tetramethylene Glycol)

1-CHLOROPHENYL-2-AMINOPROPANE (also known as
1-Chloro-1-phenyl-2-aminopropane)

EPHEDRINE (including salts) (also known as L-Ephedrine)

ETHYL PHENYL ACETATE (also known as Benzene acetic acid, ethyl ester)

GAMMA BUTYROLACTONE (also known as 4-Hydroxybutanoic acid lactone or GBL)

GAMMA HYDROXYBUTANOIC ACID (including salts) (also known as Gamma hydroxybutyric acid)

HYDRIODIC ACID (also known as Hydrogen iodide)

4-HYDROXYBUTANAL (also known as 4-Hydroxybutyraldehyde)

4-HYDROXY-BUTANOIC ACID NITRILE (also known as 4‑Hydroxybutyronitrile)

4-HYDROXY PENTANOIC ACID (also known as Gamma Valerolactone)

2-HYDROXYTETRAHYDROFURAN (also known as
Tetrahydro-2-furanol)

HYPOPHOSPHITE SALTS

HYPOPHOSPHOROUS ACID (also known as Phosphinic acid)

LITHIUM ALUMINIUM HYDRIDE (also known as LAH)

METHCATHINONE (also known as Ephedrone)

3,4-METHYLENEDIOXYPHENYLACETIC ACID (also known as 1,3‑Benzodioxolo-5-acetic acid)

3,4-METHYLENEDIOXYPHENYLPROPAN-2-ONE (also known as 3,4-Methylenedioxyphenyl-2-propanone)

N-METHYL EPHEDRINE

METHYL PHENYLACETATE (also known as Benzeneacetic acid or methyl ester)

N-METHYLPSEUDOEPHEDRINE

NORPSEUDOEPHEDRINE

PHENYLACETAMIDE

PHENYLACETIC ACID (including salts)

PHENYLACETONITRILE (also known as Benzyl cyanide or Benzeneacetonitrile or Benzyl nitrile)

PHENYLACETYL CHLORIDE

PHENYLPROPANOLAMINE

1-PHENYL-2-BROMOPROPANE (also known as (±)-2-Bromo-1-phenylpropane)

1-PHENYL-2-CHLOROPROPANE

1-PHENYL-2-IODOPROPANE (also known as (2-Iodopropyl)benzene)

1-PHENYL-2-NITROPROPENE

1-PHENYL-2- PROPANOL

1-PHENYL-1-PROPANONE (also known as Phenylethylketone or Propiophenone)

1-PHENYL-2-PROPANONE (also known as Benzyl methyl ketone or Phenylacetone)

1-PHENYL-2-PROPANONE OXIME

2-PHENYL-PROPANAL (also known as Hydratropic aldehyde)

PHOSPHORUS

PHOSPHOROUS ACID (also known as Phosphonic acid)

PIPERONAL (also known as 3,4-Methylenedioxy-benzaldehyde or Heliotropine)

PSEUDOEPHEDRINE (including salts)

PYRIDINE

2-PYRROLIDONE (also known as Gamma butyrolactam)

SAFROLE (also known as 5-(2-Propenyl)-1,3-Benzodioxide)

SASSAFRAS OIL

SODIUM BIS(2-METHOXYETHOXY) ALUMINIUM HYDRIDE (also known as Sodium dihydrido-bis(2-methoxyethoxy) aluminate)

SODIUM CYANOBOROHYDRIDE (also known as Sodium borocyanohydride)

Schedule 2—Category 2 precursor chemicals

Regulation 6

ACETALDEHYDE (also known as Acetic aldehyde)

N-ACETYLANTHRANILIC ACID (also known as
2-Acetamidobenzoic acid)

ALLYLBENZENE (also known as 3-Phenyl-1-propene or
2-Propenyl-Benzene)

AMMONIUM FORMATE

TRANS β-METHYLSTYRENE (also known as trans-Propenylbenzene)

ANTHRANILIC ACID (also known as 2-Aminobenzoic acid)

BENZALDEHYDE

1,3-BENZODIOXOLE (also known as 1,2-(Methylenedioxy) benzene)

BENZYL BROMIDE (also known as a-Bromotoluene)

BENZYL CHLORIDE (also known as a-Chlorotoluene)

5-BROMO-1,3-BENZODIOXOLE (also known as 4-Bromo-1,2-Methylenedioxybenzene)

CALCIUM

CHROMIC ACID (including salts)

CHROMIUM TRIOXIDE (also known as Chromium(VI) oxide)

EUGENOL (also known as Phenol, 2-methoxy-4-(2-propenyl)- 9C׀)

ERGOMETRINE (also known as Ergonovine)

ERGOTAMINE

ETHANAMINE (also known as Monoethylamine)

N-ETHYLEPHEDRINE

N-ETHYLPSEUDOEPHEDRINE

FORMALDEHYDE (also known as Formalin)

FORMAMIDE

HYDROBROMIC ACID (also known as Hydrogen bromide solution)

IODINE (including iodide salts)

ISOSAFROLE (also known as 1,3-Benzodioxole,5-(1-propenyl)-

LITHIUM 

LYSERGIC ACID

MAGNESIUM

MANDELIC ACID (also known as 2-Phenyl-2-hydroxyacetic acid)

MERCURIC CHLORIDE (also known as Mercury(׀׀) chloride or Mercury bichloride)

MERCURY (also known as Hydrargyrum)

METHYLAMINE (also known as Aminomethane or Monomethylamine)

METHYLAMMONIUM SALTS

N-METHYLFORMAMIDE 

NITROETHANE

NITROMETHANE

PALLADIUM (including salts)

PHENYLALANINE

PIPERIDINE

PLATINUM

POTASSIUM 

PROPIONIC ANHYDRIDE

RANEY NICKEL 

SODIUM

SODIUM BOROHYDRIDE

THIONYL CHLORIDE

THORIUM (including salts)

Schedule 3—Category 3 precursor apparatus

Regulation 7

Hydrogen sulfide gas cylinder

Hydrogen chloride gas cylinder

Hydrogen gas cylinder

Ammonia gas cylinder

Methylamine gas cylinder

Round bottom reaction flask (capacity 500ml or greater)

Condenser (joint size B19 or greater)

Splash head

Distillation head

Heating mantle (capacity 500ml or greater)

Tablet press (whether manual or mechanical)

Rotary evaporator

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Endnotes

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Drugs, Poisons and Controlled Substances (Precursor Supply) Regulations 2010, S.R. No. 130/2010 were made on 26 October 2010 by the Governor in Council under section 132 of the Drugs, Poisons and Controlled Substances Act1981, No. 9719/1981 and came into operation on 1 January 2011: regulation 3.

The Drugs, Poisons and Controlled Substances (Precursor Supply) Regulations 2010 will sunset on 25 October 2021: see Subordinate Legislation (Drugs, Poisons and Controlled Substances (Precursor Supply) Regulations 2010) Extension Regulations 2020, S.R. No. 110/2020.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in a Statutory Rule which is made on or after

1 January 2001 form part of that Statutory Rule.  Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.

This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. 

See section 36(1A)(2A)(2B).

•     Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule.  Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule.  See section 36(3A).

•     Punctuation

All punctuation included in a Statutory Rule which is made on or after

1 January 2001 forms part of that Statutory Rule.  Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.

See section 36(3B).

•     Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after

1 January 2001.  Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule.  See section 36(3)(3D)(3E).

2   Table of Amendments

There are no amendments made to the Drugs, Poisons and Controlled Substances (Precursor Supply) Regulations 2010 by statutory rules, subordinate instruments and Acts.

3   Amendments Not in Operation

This version does not contain amendments that are not yet in operation.

4   Explanatory details

No entries at date of publication.