Untitled document
Drugs, Poisons and Controlled Substances Further Amendment Act 2014
No. 75 of 2014
table of provisions
Section Page
Part 1—Preliminary
1Purpose
2Commencement
3Principal Act
Part 2—Licences, Permits and Warrants
4Definitions
5Issue of licences, permits and warrants
6What a licence, permit or warrant can authorise
7Inspection
8Suspension or cancellation
9General regulations
Part 3—Poisons Standard
10Definitions
11Poisons Code
12The Poisons List
13Requirements for labelling and other matters
14Incorporation of the Commonwealth standard
15Amendment of Code
16Tabling before Parliament
17Commencement of Poisons Code and incorporated materials
18Persons authorized to have possession etc. of poisons or controlled substances
19Offences concerning labelling and other matters
20Sale of substances in unauthorised containers
Part 4—Other Amendments
21Application of Part
22Evidentiary
23General regulations
24Exemption from regulatory impact statement procedure
Part 5—Repeal of Amending Act
25Repeal of amending Act
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Endnotes
Drugs, Poisons and Controlled Substances Further Amendment Act 2014
No. 75 of 2014
[Assented to 21 October 2014]
The Parliament of Victoria enacts:
Part 1—Preliminary
1Purpose
The main purpose of this Act is to amend the Drugs, Poisons and Controlled Substances Act 1981—
(a)to provide for a licence to be issued under Division 4 of Part II in respect of a mobile facility in certain circumstances; and
(b)to further provide for the terms and conditions that apply to licences, permits or warrants issued under Division 4 of Part II; and
(c)to replace the definition of Commonwealth standard with the new definition of Poisons Standard; and
(d)to make other minor and consequential amendments.
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 1 September 2015, 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.
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Part 2—Licences, Permits and Warrants
4Definitions
In section 4(1) of the Principal Act insert the following definitions—
"mobile 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 facility licence relates;
mobile facility licence means a licence issued under section 19(6);
mobile 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 facility licence is carried out;".
5Issue of licences, permits and warrants
(1)After section 19(3) of the Principal Act insert—
"(3A)Without limiting subsection (3), a licence, permit or warrant may be subject to a condition requiring the holder to—
(a)comply with any document, code, standard, guideline, rule, method or specification formulated, issued, prepared, prescribed or published by any person or body; or
(b)hold any other licence, permit or warrant issued under any law of Victoria or under any law of the Commonwealth.".
(2)In section 19(4) of the Principal Act, for "A licence" substitute "Unless a licence is a mobile facility licence, a licence".
(3)In section 19(5) of the Principal Act, after "applicant's premises" insert "or mobile facility (as the case requires)".
(4)After section 19(5) of the Principal Act insert—
"(6)The Secretary may issue a licence to a person in respect of a mobile facility.
(7)A mobile facility licence—
(a)relates to the mobile facility during the period the mobile facility is located at a mobile facility location; and
(b)is personal to the licence holder and is not transferable to another person; and
(c)in addition to any conditions imposed under subsection (3) or (3A), is subject to the following conditions—
(i)that the licence holder ensures each mobile facility is parked at a permanent fixed address specified in the licence during any period that the mobile facility is not travelling to or from, or located at, a mobile facility location; and
(ii)that the mobile facility is registered under the Road Safety Act 1986 and identified by a number plate bearing a registration number; and
(d)may be issued in respect of one or more mobile facilities if those mobile facilities are usually parked at the permanent fixed address specified in the licence.".
6What a licence, permit or warrant can authorise
(1)In section 20(1) of the Principal Act, for "A licence authorises" substitute "Subject to subsection (2), a licence authorises".
(2)In section 20(1)(f) of the Principal Act, for "poison;" substitute "poison.".
(3)After section 20(1) of the Principal Act insert—
"(2)A mobile facility licence authorises a person to do all or any of the following—
(a)to manufacture and sell or supply by wholesale any perishable pest animal bait that is a Schedule 7 poison (other than a Schedule 7 poison included in the Poisons Code in the list of substances that are not for general sale by retail) at a mobile facility location to which the mobile facility licence relates;
(b)to manufacture and sell or supply by retail any perishable pest animal bait that is a Schedule 7 poison (other than a Schedule 7 poison included in the Poisons Code in the list of substances that are not for general sale by retail) at a mobile facility location to which the mobile facility licence relates.".
(4)In section 20(3A)(a) of the Principal Act after "(ba)," insert "(bb), (bc),".
7Inspection
In section 22B of the Principal Act—
(a)after "the premises" insert "or the mobile facility";
(b)after "inspected" insert "(as the case requires)".
8Suspension or cancellation
In section 22C(1)(e) of the Principal Act, after "premises" insert "or the mobile facility (as the case requires)".
9General regulations
In section 132(p) of the Principal Act, after "premises" insert "mobile facilities".
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Part 3—Poisons Standard
10Definitions
(1)In section 4(1) of the Principal Act insert the following definition—
"Poisons Standard means the current Poisons Standard within the meaning of the Therapeutic Goods Act 1989 of the Commonwealth;".
(2)In section 4(1) of the Principal Act—
(a)the definition of Commonwealth standard is repealed;
(b)in the definition of Schedule 2 Poison for "Commonwealth standard" substitute "Poisons Standard";
(c)in the definition of Schedule 3 Poison for "Commonwealth standard" substitute "Poisons Standard";
(d)in the definition of Schedule 4 Poison for "Commonwealth standard" substitute "Poisons Standard";
(e)in the definition of Schedule 5 Poison for "Commonwealth standard" substitute "Poisons Standard";
(f)in the definition of Schedule 6 Poison for "Commonwealth standard" substitute "Poisons Standard";
(g)in the definition of Schedule 7 Poison for "Commonwealth standard" substitute "Poisons Standard";
(h)in the definition of Schedule 8 Poison for "Commonwealth standard" substitute "Poisons Standard";
(i)in the definition of Schedule 9 Poison for "Commonwealth standard" substitute "Poisons Standard".
11Poisons Code
In section 12(2) of the Principal Act—
(a)in paragraph (b) for "Commonwealth standard" substitute "Poisons Standard";
(b)in paragraph (c) for "Commonwealth standard" substitute "Poisons Standard".
12The Poisons List
(1)In section 12A(1)(b) of the Principal Act, for "Commonwealth standard" (where twice occurring) substitute "Poisons Standard".
(2)In section 12A(1)(c) of the Principal Act, for "Commonwealth standard" substitute "Poisons Standard".
(3)In section 12A(3) of the Principal Act—
(a)in paragraph (b) for "Commonwealth standard" substitute "Poisons Standard";
(b)in paragraph (c) for "Commonwealth standard" substitute "Poisons Standard".
(4)In section 12A(4) of the Principal Act, for "Commonwealth standard" substitute "Poisons Standard".
13Requirements for labelling and other matters
In section 12B of the Principal Act, for "Commonwealth standard" substitute "Poisons Standard".
14Incorporation of the Commonwealth standard
(1)Insert the following heading to section 12D of the Principal Act—
"Incorporation of the Poisons Standard".
(2)In section 12D(1) of the Principal Act, for "Commonwealth standard" substitute "Poisons Standard".
(3)In section 12D(2) of the Principal Act, for "Commonwealth standard" substitute "Poisons Standard".
(4)In section 12D(3) of the Principal Act, for "Commonwealth standard" substitute "Poisons Standard".
(5)In section 12D(4) of the Principal Act, for "Commonwealth standard" substitute "Poisons Standard".
15Amendment of Code
(1)In section 12E(1) of the Principal Act—
(a)in paragraph (a)(ii), for "Commonwealth standard" substitute "Poisons Standard";
(b)in paragraph (b), for "Commonwealth standard" substitute "Poisons Standard";
(c)in paragraph (b)(ii), for "Commonwealth standard" substitute "Poisons Standard";
(d)in paragraph (c), for "Commonwealth standard" substitute "Poisons Standard";
(e)in paragraph (d), for "Commonwealth standard; or" substitute "Poisons Standard.";
(f)paragraph (e) is repealed.
(2)In section 12E(1A) of the Principal Act, for "Commonwealth standard" substitute "Poisons Standard".
(3)In section 12E(1D)(a) of the Principal Act, for "Commonwealth standard" substitute "Poisons Standard".
16Tabling before Parliament
(1)In section 12H(2) of the Principal Act, for "Commonwealth standard" substitute "Poisons Standard".
(2)In section 12H(3) of the Principal Act, for "Commonwealth standard" substitute "Poisons Standard".
17Commencement of Poisons Code and incorporated materials
In section 12K(2) of the Principal Act, for "Commonwealth standard" substitute "Poisons Standard".
18Persons authorized to have possession etc. of poisons or controlled substances
Section 13(2B) of the Principal Act is repealed.
19Offences concerning labelling and other matters
(1)In section 27A(1)(b) of the Principal Act, for "Commonwealth standard" substitute "Poisons Standard".
(2)In section 27A(1A)(b) of the Principal Act, for "Commonwealth standard" substitute "Poisons Standard".
(3)In section 27A(2A)(a) and (b) of the Principal Act, for "Commonwealth standard" substitute "Poisons Standard".
(4)In section 27A(3A) of the Principal Act, for "Commonwealth standard" substitute "Poisons Standard".
20Sale of substances in unauthorised containers
In section 29(2) of the Principal Act, for "Commonwealth standard" substitute "Poisons Standard".
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Part 4—Other Amendments
21Application of Part
In section 80I(b) of the Principal Act, for "Therapeutic Goods (Victoria) Act 1994" substitute "Therapeutic Goods (Victoria) Act 2010".
22Evidentiary
In section 119 of the Principal Act—
(a)for paragraph (a) substitute—
"(a)the production of a copy of the Government Gazette containing the register as last published in relation to the time in question of veterinary practitioners is, if the name of the accused does not appear in the register, prima facie evidence that the person is not a veterinary practitioner;";
(b)for paragraph (b) substitute—
"(b)a certificate referred to in section 244 of the Health Practitioner Regulation National Law is, if it states any person is or is not or was or was not on a certain date or for a certain period a registered medical practitioner, registered Chinese medicine practitioner, registered Chinese herbal dispenser, dentist, pharmacist, registered podiatrist, registered optometrist, nurse practitioner, registered nurse or registered midwife, prima facie evidence of the facts stated in the certificate;";
(c)paragraphs (c) and (d) are repealed.
23General regulations
In section 132(zca) of the Principal Act, for "Commonwealth Standard" substitute "Poisons Standard".
24Exemption from regulatory impact statement procedure
In section 133A(1) of the Principal Act, for "Commonwealth standard" substitute "Poisons Standard".
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Part 5—Repeal of Amending Act
25Repeal of amending Act
This Act is repealed on 1 September 2016.
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
Minister's second reading speech—
Legislative Assembly: 20 August 2014
Legislative Council: 17 September 2014
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 certain licences, to make other miscellaneous and consequential amendments and for other purposes."
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