Untitled document

Drugs, Poisons and Controlled Substances Amendment (Continued Dispensing) Regulations 2013

S.R. No. 107/2013

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provisions

3Principal Regulations

4Definitions

5Pharmacist administration, sale or supply authorised from
within Victoria

6New Regulation 15A inserted

15AMinister may approve supply without prescription

═══════════════

ENDNOTES

STATUTORY RULES 2013

S.R. No. 107/2013

Drugs, Poisons and Controlled Substances Act 1981

Drugs, Poisons and Controlled Substances Amendment (Continued Dispensing) Regulations 2013

The Governor in Council makes the following Regulations:

Dated: 27 August 2013

Responsible Minister:

DAVID DAVIS
Minister for Health

YVETTE CARISBROOKE

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Drugs, Poisons and Controlled Substances Regulations 2006 to provide for a pharmacist to supply Schedule 4 poisons listed in the National Health (Continued Dispensing) Determination 2012 without a prescription subject to certain conditions.

2Authorising provisions

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

3Principal Regulations

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

4Definitions

In regulation 4 of the Principal Regulations insert the following definition—

"National Health (Continued Dispensing) Determination 2012 means the legislative instrument made under section 89A(3) of the National Health Act 1953 of the Commonwealth as formulated or published from time to time;".

5Pharmacist administration, sale or supply authorised from within Victoria

After regulation 15(2) of the Principal Regulations insert—

"(3)Despite subregulation (1), if a pharmacist considers it necessary to ensure continuity of treatment of a person, he or she may supply a Schedule 4 poison to a person without a prescription once within a 12 month period if the pharmacist is satisfied that—

(a)the Schedule 4 poison is listed in the National Health (Continued Dispensing) Determination 2012; and

(b)the conditions in Part 2 of the National Health (Continued Dispensing) Determination 2012 are met; and

(c)the Minister has approved the Schedule 4 poison as suitable for supply under regulation 15A.".

6New Regulation 15A inserted

After regulation 15 of the Principal Regulations insert—

"15A   Minister may approve supply without prescription

(1)For the purposes of regulation 15(3) the Minister may, by notice published in the Government Gazette, approve a Schedule 4 poison as suitable for supply.

(2)An approval notice under subregulation (1) takes effect—

(a)on the date of publication of the approval notice in the Government Gazette; or

(b)on a later date  specified in the notice.".

═══════════════

ENDNOTES

[1] Reg. 3: 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 and 50/2013.

——

Table of Applied, Adopted or Incorporated Matter

The following table of applied, adopted or incorporated matter is included in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2004.

Statutory rule provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
Regulation 5	National Health (Continued Dispensing) Determination 2012, made under the National Health Act 1953 of the Commonwealth	The whole