Drugs, Poisons and Controlled Substances (Precursor Supply) Regulations 2021 (Vic)
Version No. 001
Drugs, Poisons and Controlled Substances (Precursor Supply) Regulations 2021
S.R. No. 127/2021
Version as at
24 October 2021
TABLE OF PROVISIONS
Regulation Page
1Objectives
2Authorising provision
3Commencement
4Revocation
5Definition
6Prescribed category 1 precursor chemicals
7Prescribed category 2 precursor chemicals
8Prescribed category 3 precursor apparatus
9End 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. 001
Drugs, Poisons and Controlled Substances (Precursor Supply) Regulations 2021
S.R. No. 127/2021
Version as at
24 October 2021
1Objectives
The objectives of these Regulations are—
(a)to prescribe precursor chemicals and precursor apparatus; and
(b)to prescribe other matters required 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 24 October 2021.
4Revocation
The Drugs, Poisons and Controlled Substances (Precursor Supply) Regulations 2010[1] are revoked.
5Definition
In these Regulations, the Act means the Drugs, Poisons and Controlled Substances Act 1981.
6Prescribed 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 prescribed as a category 1 precursor chemical.
7Prescribed 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 prescribed as a category 2 precursor chemical.
8Prescribed 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 item specified in Schedule 3 is prescribed as a category 3 precursor apparatus.
9End 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 6
| ACETIC ANHYDRIDE |
| ACETOPHENONE (also known as Phenyl methyl ketone) |
| ACETOPHENONE OXIME |
| ACETYL CHLORIDE |
| N-ACETYLEPHEDRINE (including salts and isomers) |
| N-ACETYLPSEUDOEPHEDRINE (including salts and isomers) |
| 4-ALLYLPYROCATECHOL (also known as 2-Hydroxychavicol) |
| ALPHA-METHYL-3,4-METHYLENEDIOXYPHENYLPROPIONAMIDE (also known as MMDPPA) |
| ALPHA-PHENYLACETOACETAMIDE (also known as APAA) |
| ALPHA-PHENYLACETOACETONITRILE (also known as alpha Acetyl Phenylacetonitrile or APAAN) |
| 4-AMINOBUTANOIC ACID (also known as gamma-Aminobutyric acid or GABA) |
| ANETHOLE (including isomers) (also known as trans-Anethole or 1-Methoxy-4-propenylbenzene) |
| ANILINE |
| 4-ANILINO-N-PHENETHYLPIPERIDINE (also known as ANPP) |
| 4-ANILINOPIPERIDINE |
| ANISALDEHYDE (also known as 4-Methoxybenzaldehyde) |
| BENZOQUINONE |
| 1-BENZYL-4 PIPERIDONE |
| BORON TRIBROMIDE |
| BROMOBENZENE (also known as Phenylbromide) |
| BROMOSAFROLE |
| 1,4-BUTANEDIOL (also known as Tetramethylene Glycol or 1,4-Butylene glycol or 1,4-BD) |
| CHLOROACETONE |
| CHLOROEPHEDRINE (including salts and isomers) |
| 1-CHLOROPHENYL-2-AMINOPROPANE (also known as 1-Chloro-1-phenyl-2-aminopropane) |
| CHLOROPSEUDOEPHEDRINE (including salts and isomers) |
| EPHEDRINE (including salts and isomers) (also known as L-Ephedrine) |
| ERGOCRISTINE (including salts) |
| ETHYL PHENYLACETATE (also known as Benzeneacetic acid, ethyl ester or 2-Phenylacetic acid ethyl ester) |
| FUMARIC ACID |
| GAMMA BUTYROLACTONE (also known as 4-Hydroxybutanoic acid lactone or GBL) |
| HELIONAL (also known as 3-(3,4-Methylenedioxyphenyl)-2-methylpropanal) |
| HYDRIODIC ACID (also known as Hydrogen iodide) |
| 4-HYDROXYBUTANAL (also known as 4-Hydroxybutyraldehyde) |
| 4-HYDROXYBUTANOIC ACID NITRILE (also known as 4-Hydroxybutyronitrile) |
| 1-HYDROXYCYCLOPENTYL-(O-CHLOROPHENYL)-KETONE N-METHYLIMINE HCl (also known as HCPKM) |
| HYDROXYLAMINE (including salts) |
| 4-HYDROXYPENTANOIC ACID (also known as 4-Hydroxyvaleric acid) |
| 2-HYDROXYTETRAHYDROFURAN (also known as Tetrahydro-2-furanol) |
| HYPOPHOSPHITE SALTS |
| HYPOPHOSPHOROUS ACID (also known as Phosphinic acid) |
| LITHIUM ALUMINIUM HYDRIDE (also known as LAH) |
| N-METHYLALANINE (including salts and isomers) |
| METHYL ALPHA-PHENYLACETOACETATE (also known as MAPA) |
| 3,4-METHYLENEDIOXYPHENYACETONITRILE |
| 3,4-METHYLENEDIOXYPHENYLACETIC ACID (also known as 1,3-Benzodioxolo-5-acetic acid) |
| 3,4-METHYLENEDIOXYPHENYL-2-NITROPROPENE |
| 3,4-METHYLENEDIOXYPHENYLPROPAN-2-ONE (also known as 3,4-Methylenedioxyphenyl-2-propanone or Piperonyl methyl ketone) |
| N-METHYLEPHEDRINE (including salts and isomers) |
| METHYL 3-[3',4'-(METHYLENEDIOXY)PHENYL]-2-METHYL GLYCIDATE (also known as MMDMG) |
| METHYL PHENYLACETATE (also known as Benzeneacetic acid, methyl ester or 2-Phenylacetic acid methyl ester) |
| METHYL 3-PHENYL-2-METHYL GLYCIDATE |
| N-METHYLPSEUDOEPHEDRINE (including salts and isomers) |
| NORPSEUDOEPHEDRINE (including salts) |
| N-PHENETHYL-4-PIPERIDONE (also known as NPP) |
| PHENYLACETAMIDE (also known as 2-Phenylacetamide) |
| PHENYLACETIC ACID (including salts) (also known as PAA) |
| PHENYLACETONITRILE (also known as Benzyl cyanide or Benzeneacetonitrile or Benzyl nitrile) |
| L-PHENYLACETYLCARBINOL (also known as L-PAC or 1-Hydroxy-1-phenyl-2-propanone) |
| PHENYLACETYL CHLORIDE |
| 1-PHENYL-2-BROMOPROPANE |
| 1-PHENYL-2-CHLOROPROPANE |
| 1-PHENYL-2-IODOPROPANE (also known as (2-Iodopropyl)benzene) |
| 1-PHENYL-2-NITROPROPENE (also known as beta-Methyl-beta-nitrostyrene) |
| 4-PHENYL-3-OXOBUTANOIC ACID (also known as 4-Phenylacetoacetic acid) |
| 2-PHENYLPROPANAL (also known as Hydratropaldehyde) |
| 1-PHENYL-1,2-PROPANEDIONE (also known as Benzoyl methyl ketone) |
| 1-PHENYL-2- PROPANOL |
| PHENYLPROPANOLAMINE (including salts and isomers) (also known as dl-Norephedrine) |
| 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 BISULFITE |
| 1-PHENYL-2-PROPANONE OXIME |
| 4-PIPERIDONE |
| PHOSPHOROUS ACID (including salts) |
| PHOSPHORUS (either in red or white form) |
| PIPERONAL (also known as 3,4-Methylenedioxy-benzaldehyde or Heliotropin) |
| PROPIONYL CHLORIDE |
| PSEUDOEPHEDRINE (including salts and isomers) |
| PYRIDINE |
| 2-PYRROLIDONE (also known as gamma-Butyrolactam) |
| SAFROLE (also known as 5-(2-Propenyl)-1,3-benzodioxole or 1-Allyl-3,4-methylenedioxybenzene) |
| SASSAFRAS OIL (also known as safrole rich oil) |
| SODIUM BIS(2-METHOXYETHOXY) ALUMINIUM HYDRIDE (also known as Sodium dihydrido-bis(2-methoxyethoxy)aluminate or SMEAH) |
| SODIUM CYANOBOROHYDRIDE |
| SODIUM 2-METHYL-3-(3,4-METHYLENEDIOXY)PHENYL GLYCIDATE |
| SODIUM 2-METHYL-3-PHENYL GLYCIDATE |
Schedule 2—Category 2 precursor chemicals
Regulation 7
| 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-Propenylbenzene or 1-Phenyl-2-propene) |
| AMMONIUM FORMATE |
| ANTHRANILIC ACID (also known as 2-Aminobenzoic acid) |
| BENZALDEHYDE |
| 1,3-BENZODIOXOLE (also known as 1,2-(Methylenedioxy)benzene) |
| BENZYL BROMIDE (also known as alpha-Bromotoluene) |
| BENZYL CHLORIDE (also known as alpha-Chlorotoluene) |
| TRANS-BETA-METHYLSTYRENE (including isomers) (also known as beta-Methylstyrene or 1-Propenylbenzene) |
| 5-BROMO-1,3-BENZODIOXOLE (also known as 4-Bromo-1,2-methylenedioxybenzene) |
| CALCIUM METAL |
| CHROMIC ACID (including salts) |
| CHROMIUM TRIOXIDE (also known as Chromium(VI) oxide) |
| ERGOMETRINE (including salts) (also known as Ergonovine) |
| ERGOTAMINE (including salts) |
| ETHANAMINE (including salts) (also known as Ethylamine or Monoethylamine) |
| N-ETHYLEPHEDRINE (including salts and isomers) |
| N-ETHYLPSEUDOEPHEDRINE (including salts and isomers) |
| EUGENOL (also known as 4-Allyl-2-methoxyphenol) |
| FORMALDEHYDE (also known as Formalin) |
| FORMAMIDE |
| HYDROBROMIC ACID (also known as Hydrogen bromide) |
| IODINE (including salts) |
| ISOSAFROLE (also known as 1,3-Benzodioxole,5-(1-propenyl)- or 3,4-(Methylenedioxy)-1-propenylbenzene) |
| LITHIUM METAL |
| LYSERGIC ACID |
| MAGNESIUM METAL (in ribbon, turnings, powder or other finely divided form) |
| MANDELIC ACID (including salts and isomers) (also known as 2-Phenyl-2-hydroxyacetic acid or 2-Hydroxy-2-phenylacetic acid) |
| MERCURIC CHLORIDE (also known as Mercury(׀׀) chloride or Mercury bichloride) |
| MERCURY METAL (including salts) |
| METHYLAMINE (also known as Aminomethane or Monomethylamine) |
| METHYLAMMONIUM SALTS |
| N-METHYLFORMAMIDE |
| NITROETHANE |
| NITROMETHANE |
| PALLADIUM METAL |
| PIPERIDINE |
| PLATINUM METAL |
| POTASSIUM METAL |
| PROPIONIC ANHYDRIDE (also known as Propanoic anhydride) |
| RANEY NICKEL |
| SODIUM METAL |
| SODIUM BOROHYDRIDE |
| THIONYL CHLORIDE |
| THORIUM (including salts) |
Schedule 3—Category 3 precursor apparatus
Regulation 8
| Reaction vessel or pressure reaction vessel with single or multiple fixed necks or a flange top (capacity 500 ml or greater) | ||
| Condenser (ground glass joint size B19 or greater) | ||
| Distillation head with single or multiple inlets (ground glass joint size B19 or greater) | ||
| Separating funnel (also known as a separatory funnel) (capacity 250 ml or greater) | ||
| Splash head (ground glass joint size B19 or greater) | ||
| Heating mantle (capacity 500 ml or greater) | ||
| Tablet press (also known as a pill press) of either single or multiple punch design including any mechanical or manual part | ||
| Encapsulation apparatus (either mechanical or manual) | ||
| Hot plate with integrated magnetic stirrer function (designed for use in a laboratory) | ||
| Mechanical stirrer including a magnetic stirrer bar drive and overhead laboratory unit (designed for use in a laboratory) | ||
| Rotary evaporation unit | ||
| Hydrogen sulfide gas cylinder | ||
| ||
| Ammonia gas cylinder |
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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 2021, S.R. No. 127/2021 were made on 12 October 2021 by the Governor in Council under section 132 of the Drugs, Poisons and Controlled Substances Act 1981, No. 9719/1981 and came into operation on 24 October 2021: regulation 3.
The Drugs, Poisons and Controlled Substances (Precursor Supply) Regulations 2021 will sunset 10 years after the day of making on 12 October 2031 (see section 5 of the Subordinate Legislation Act 1994).
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 2021 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
[1] Reg. 4: S.R. No. 130/2010 as extended in operation by S.R. No. 110/2020.
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