Untitled document

Drugs, Poisons and Controlled Substances Amendment (Drugs of Dependence) Act 2011

No. 41 of 2011

TABLE OF PROVISIONS

Section  Page

1Purpose

2Commencement

3Principal Act

4Definitions

5New section 132AA inserted

132AARegulations prescribing drugs of dependence

6Repeal of amending Act

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ENDNOTES

Drugs, Poisons and Controlled Substances Amendment (Drugs of Dependence) Act 2011

No. 41 of 2011

[Assented to 6 September 2011]

The Parliament of Victoria enacts:

1Purpose

The main purpose of this Act is to provide for substances to be included in the Drugs, Poisons and Controlled Substances Act 1981 as drugs of dependence.

2Commencement

This Act comes into operation on the day after the day on which it receives the Royal Assent.

3Principal Act

In this Act, the Drugs, Poisons and Controlled Substances Act 1981 is called the Principal Act.

4Definitions

In section 4(1) of the Principal Act, in the definition of drug of dependence after paragraph (b) insert—

"(ba)prescribed as a drug of dependence in accordance with section 132AA whether specified as included in Part 1, Part 2 or Part 3 of Schedule Eleven; or".

5New section 132AA inserted

After section 132 of the Principal Act insert—

132AARegulations prescribing drugs of dependence"

(1)Subject to subsection (2), the Governor in Council may make regulations for or with respect to—

(a)prescribing a substance as a drug of dependence;

(b)specifying whether that prescribed drug of dependence is included in Part 1, Part 2 or Part 3 of Schedule Eleven;

(c)specifying quantities in relation to that prescribed drug of dependence for the purposes of Schedule Eleven.

(2)The Minister must not recommend the making of regulations under subsection (1) unless he or she is satisfied that the substance represents—

(a)a significant risk to the health of consumers; or

(b)a significant risk to public safety.

(3)Despite anything to the contrary in section 5 of the Subordinate Legislation Act 1994, a regulation made under this section expires 12 months after the day on which the regulation is made.".

6Repeal of amending Act

This Act is repealed on the first anniversary of its commencement.

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: 29 June 2011

Legislative Council: 18 August 2011

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 to provide for the inclusion of substances as drugs of dependence and for other purposes."