Untitled document
Drugs, Poisons and Controlled Substances Amendment Act 2008
No. 17 of 2008
table of provisions
Section Page
Part 1—Preliminary
1Purposes
2Commencement
3Principal Act
Part 2—Public Health Emergencies
4Definitions
5New Division 5 of Part II inserted
Division 5—Public health emergencies
22DWhen a public health emergency order may be made
22EMatters to be specified in a public health emergency order
22FWhat a public health emergency order authorises
22GExtending, amending and revoking orders
22HOrders under this Division to be published in Government Gazette
Part 3—Schedule 8 and 9 Poisons
6New Subdivision heading and section 31 inserted
Subdivision 1—Introductory matters and records
31Definitions
7New Subdivisions 2 and 3 inserted
Subdivision 2—Notification of drug-dependent person
33Notification of drug-dependent person
Subdivision 3—Schedule 9 poisons
33AApplication for permit to administer, supply or
prescribe Schedule 9 poisons33BSchedule 9 permit
33COffence not to comply with Schedule 9 permit
33DOffence to administer Schedule 9 poisons without
permit
8New Subdivision 4 inserted
Subdivision 4—Schedule 8 poisons
34Requirement to apply for Schedule 8 permit
34ASchedule 8 permit
34BOffence to administer etc. Schedule 8 poisons to drug-dependent person
34COffence to administer etc. Schedule 8 poisons to
person who is not a drug-dependent person34DException to Schedule 8 permit requirement—
specified medical conditions34EExceptions to Schedule 8 permit requirement—
multiple practitioners at medical clinic34FException to Schedule 8 permit requirement—patients
in prisons, aged care services and hospitals
9Section 35 substituted
35Offence not to comply with Schedule 8 permit
10Subdivision 5 heading inserted
11Secretary may specify medical conditions
12New section 35B inserted
35BComposite forms
13New section 142 inserted
142Transitional provisions—Drugs, Poisons and Controlled Substances Amendment Act 2008
Part 4—General
14Repeal of Act
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Endnotes
Drugs, Poisons and Controlled Substances Amendment Act 2008
No. 17 of 2008
[Assented to 13 May 2008]
The Parliament of Victoria enacts:
Part 1—Preliminary
1Purposes
The purposes of this Act are to amend the Drugs, Poisons and Controlled Substances Act 1981—
(a)to provide for the supply of drugs during public health emergencies; and
(b)to make amendments relating to the supply of Schedule 8 poisons, Schedule 9 poisons and Schedule 4 poisons which are also drugs of dependence to patients.
2Commencement
(1)This Act, except Part 3, comes into operation on the day after the day on which it receives the Royal Assent.
(2)Subject to subsection (3), Part 3 comes into operation a day or days to be proclaimed.
(3)If a provision referred to in subsection (2) does not come into operation before 1 March 2009, 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—Public Health Emergencies
4Definitions
In section 4(1) of the Principal Act insert the following definitions—
"public health emergency order means an order made under section 22D and includes an order extended, amended or varied under section 22G;
serious risk to public health means a material risk that substantial injury or prejudice to the health of human beings has occurred or may occur having regard to—
(a)the number of persons likely to be affected;
(b)the location, immediacy and seriousness of the threat to the health of persons;
(c)the nature, scale and effects of the harm, illness or injury that may develop;".
5New Division 5 of Part II inserted
After Division 4 of Part II of the Principal Act insert—
"Division 5—Public health emergencies
22DWhen a public health emergency order may be made
The Secretary may make a public health emergency order if the Secretary believes it is necessary to do so to respond to, or prevent, a public health emergency or a serious risk to public health.
Example
A public health emergency order may be made in response to, or for the purposes of preventing, an influenza pandemic or the effects of a bioterrorism incident.
22EMatters to be specified in a public health emergency order
A public health emergency order must specify—
(a)the public health emergency or serious risk to public health to which the order relates; and
(b)if the public health emergency or serious risk to public health has occurred, the location or a description of the location where the public is affected; and
(c)the persons or class of persons who may obtain and possess, use, sell or supply the poison or controlled substance or class of poison or controlled substance specified in the order; and
(d)the poisons or controlled substances or class of poison or controlled substance to which the order relates; and
(e)the date on which the order comes into force; and
(f)the period during which the order is in force, not exceeding 6 months.
22FWhat a public health emergency order authorises
(1)A public health emergency order authorises a person or class of person specified in the order to obtain and possess, use, sell or supply a specified poison or controlled substance or class of poison or controlled substance in accordance with the order.
(2)A public health emergency order authorises a person to whom a specified poison or controlled substance or class of poison or controlled substance has been sold or supplied in accordance with the order to possess and use that poison or controlled substance for the purpose for which it was sold or supplied.
22GExtending, amending and revoking orders
(1)The Secretary may, by subsequent order—
(a)extend or further extend the period for which a public health emergency order is in force for a period not exceeding 6 months;
(b)otherwise amend or vary a public health emergency order.
(2)The Secretary may revoke a public health emergency order by subsequent order.
22HOrders under this Division to be published in Government Gazette
(1)An order made under this Division must be published in the Government Gazette.
(2)An order made under this Division comes into force on the date specified in the order or, if no date is specified, on the date of its publication in the Government Gazette.".
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Part 3—Schedule 8 and 9 Poisons
6New Subdivision heading and section 31 inserted
In Division 10 of Part II of the Principal Act, before section 32 insert—
"Subdivision 1—Introductory matters and records
31Definitions
(1)In this Division—
hospital means—
(a)a public hospital within meaning of the Health Services Act 1988;
(b)a denominational hospital within the meaning of that Act;
(c)a private hospital within the meaning of that Act—
but does not include a day procedure centre within the meaning of that Act;
multiple-practitioner clinic means a clinic where more than one registered medical practitioner or nurse practitioner practises or is employed;
notification of drug-dependent person means notification required under section 33;
prison has the same meaning as it has in the Corrections Act 1986;
Schedule 8 permit means a permit to administer, supply or prescribe a Schedule 8 poison issued by the Secretary under section 34A;
Schedule 9 permit means a permit to administer, supply or prescribe a Schedule 9 poison issued by the Secretary under section 33B.
(2)For the purposes of this Division, a registered medical practitioner or a nurse practitioner administers, supplies or prescribes a Schedule 8 poison to a patient for a continuous period if the practitioner—
(a)actually administers, supplies or prescribes that Schedule 8 poison for that period; or
(b)supplies a quantity or quantities of a Schedule 8 poison to the patient and instructs the patient to take the drug for that period; or
(c)prescribes for the patient a quantity or quantities of a Schedule 8 poison which, if taken in accordance with the prescription, would be taken for that period.".
7New Subdivisions 2 and 3 inserted
For section 33 of the Principal Act substitute—
"Subdivision 2—Notification of drug-dependent person
33Notification of drug-dependent person
(1)A registered medical practitioner who has reason to believe that one of his or her patients is a drug-dependent person must give a notification of drug-dependent person to the Secretary if—
(a)the patient requests or seeks prescription of a Schedule 9 poison; or
(b)the practitioner intends to treat or is treating the patient with a Schedule 9 poison.
(2)A registered medical practitioner must give a notification of drug-dependent person required under subsection (1) as soon as practicable.
Penalty:100 penalty units.
(3)A registered medical practitioner or a nurse practitioner who has reason to believe that one of his or her patients is a drug-dependent person must give a notification of drug-dependent person to the Secretary if—
(a)the patient requests or seeks prescription of a Schedule 8 poison or a Schedule 4 poison which is also a drug of dependence; or
(b)the practitioner intends to treat or is treating the patient with a Schedule 8 poison or a Schedule 4 poison which is also a drug of dependence.
(4)A registered medical practitioner or a nurse practitioner (as the case requires) must give a notification of drug-dependent person required under subsection (3) as soon as practicable.
Penalty:100 penalty units.
(5)A notification of drug-dependent person must be in the prescribed form.
Subdivision 3—Schedule 9 poisons
33AApplication for permit to administer, supply or prescribe Schedule 9 poisons
(1)A registered medical practitioner who considers it is necessary to administer, supply or prescribe a Schedule 9 poison to or for one of his or her patients must apply to the Secretary for a Schedule 9 permit before administering, supplying or prescribing the Schedule 9 poison.
(2)An application for a Schedule 9 permit must be in the prescribed form.
33BSchedule 9 permit
(1)On receiving an application under section 33A, the Secretary may issue a permit to a registered medical practitioner authorising the registered medical practitioner to administer, supply or prescribe a Schedule 9 poison to or for a person.
(2)A Schedule 9 permit—
(a)must be in the prescribed form; and
(b)may contain any terms and conditions that the Secretary considers appropriate for the administration, supply or prescription of the Schedule 9 poison.
(3)The Secretary may at any time amend, suspend or revoke a Schedule 9 permit and any permit which is suspended or revoked ceases to have effect.
33COffence not to comply with Schedule 9 permit
A registered medical practitioner issued with a Schedule 9 permit must not administer, supply or prescribe a Schedule 9 poison to or for one of his or her patients—
(a)other than for the period specified in the permit for that administration, supply or prescription; or
(b)in excess of the quantity specified in the permit.
Penalty:100 penalty units.
33DOffence to administer Schedule 9 poisons without permit
A registered medical practitioner must not at any time administer, supply or prescribe a Schedule 9 poison to or for a person unless the practitioner—
(a)holds a Schedule 9 permit for that administration, supply or prescription to or for that person; or
(b)is otherwise authorised by or under this Act to do so.
Penalty:100 penalty units.".
8New Subdivision 4 inserted
For section 34 of the Principal Act substitute—
"Subdivision 4—Schedule 8 poisons
34Requirement to apply for Schedule 8 permit
(1)A registered medical practitioner or a nurse practitioner who considers it is necessary to administer, supply or prescribe a Schedule 8 poison to or for one of his or her patients who is a drug-dependent person must apply to the Secretary for a Schedule 8 permit.
(2)Subject to subsection (3), a registered medical practitioner or a nurse practitioner who considers it is necessary to administer, supply or prescribe a Schedule 8 poison for a continuous period greater than 8 weeks to or for one of his or her patients who is not a drug-dependent person must apply to the Secretary for a Schedule 8 permit.
(3)A registered medical practitioner or a nurse practitioner must apply to the Secretary for a Schedule 8 permit if—
(a)the practitioner—
(i)has reason to believe that one of his or her patients who is not a drug-dependent person has been, or is currently being, administered, supplied or prescribed a Schedule 8 poison by one or more other practitioners; and
(ii)considers it is necessary to administer, supply or prescribe a Schedule 8 poison to or for that patient; and
(b)the total period of administration, supply or prescription of a Schedule 8 poison to that patient would be a continuous period greater than 8 weeks, taking into account any period of administration, supply or prescription referred to in paragraph (a)(i) together with the period of administration, supply or prescription of a Schedule 8 poison to or for that patient by the practitioner.
(4)An application for a Schedule 8 permit must be in the prescribed form.
34ASchedule 8 permit
(1)On receiving an application under section 34, the Secretary may issue a permit to a registered medical practitioner or a nurse practitioner authorising the practitioner—
(a)to administer, supply or prescribe a Schedule 8 poison to or for a drug-dependent person; or
(b)to administer, supply or prescribe a Schedule 8 poison to or for a person other than a drug-dependent person for a continuous period greater than 8 weeks.
(2)A Schedule 8 permit must be in the prescribed form.
(3)The Secretary may at any time amend, suspend or revoke a Schedule 8 permit and any permit which is suspended or revoked ceases to have effect.
34BOffence to administer etc. Schedule 8 poisons to drug-dependent person
A registered medical practitioner or a nurse practitioner must not at any time administer, supply or prescribe a Schedule 8 poison to or for a person he or she has reason to believe to be a drug-dependent person unless the practitioner—
(a)holds a Schedule 8 permit for that administration, supply or prescription to or for that person; or
(b)is otherwise authorised by or under this Act to do so.
Penalty:100 penalty units.
34COffence to administer etc. Schedule 8 poisons to person who is not a drug-dependent person
(1)A registered medical practitioner or a nurse practitioner must not administer, supply or prescribe a Schedule 8 poison to or for a person who is not a drug-dependent person for a continuous period greater than 8 weeks unless the practitioner—
(a)holds a Schedule 8 permit for that administration, supply or prescription to or for that person; or
(b)is otherwise authorised by or under this Act to do so.
Penalty:100 penalty units.
(2)Subject to subsection (3), unless otherwise authorised by or under this Act to do so, a registered medical practitioner or a nurse practitioner must not administer, supply or prescribe a Schedule 8 poison to or for a person who is not a drug-dependent person without a Schedule 8 permit if the total period of administration, supply or prescription of the Schedule 8 poison to or for that person would be a continuous period greater than 8 weeks, taking into account the total of—
(a)any period of administration, supply or prescription of a Schedule 8 poison to or for that person that the practitioner has reason to believe has been, or is currently being, administered, supplied or prescribed by one or more other practitioners; and
(b)the period of administration, supply or prescription of a Schedule 8 poison to or for that patient by the practitioner.
Penalty:100 penalty units.
(3)A registered medical practitioner or a nurse practitioner who has applied for a Schedule 8 permit under section 34(3) is authorised to administer, supply or prescribe a Schedule 8 poison to or for a person who is not a drug-dependent person in respect of whom the application relates without a Schedule 8 permit for the purposes of ensuring continuity of that person's treatment until—
(a)the Schedule 8 permit is issued; or
(b)the Secretary refuses to issue the permit.
34DException to Schedule 8 permit requirement—specified medical conditions
Despite section 34C(1), a registered medical practitioner or a nurse practitioner is authorised to administer, supply or prescribe a Schedule 8 poison to or for a person who is not a drug-dependent person during a continuous period greater than 8 weeks without a Schedule 8 permit if—
(a)the administration, supply or prescription of that Schedule 8 poison is to treat that person for a medical condition in the circumstances (if any) specified by the Secretary in accordance with section 35A; and
(b)the registered medical practitioner or the nurse practitioner has given written notice of that administration, supply or prescription to the Secretary.
34EExceptions to Schedule 8 permit requirement—multiple practitioners at medical clinic
(1)Despite section 34B, a registered medical practitioner or a nurse practitioner at a multiple-practitioner clinic is authorised to administer, supply or prescribe a Schedule 8 poison to or for a drug-dependent person without a Schedule 8 permit if—
(a)the treatment is provided at the multiple-practitioner clinic; and
(b)a Schedule 8 permit has been issued to another registered medical practitioner or another nurse practitioner at that multiple-practitioner clinic to administer, supply or prescribe the Schedule 8 poison to or for that drug-dependent person; and
(c)the administration, supply or prescription of the Schedule 8 poison is carried out in accordance with that permit.
(2)Despite section 34C(1), a registered medical practitioner or a nurse practitioner at a multiple-practitioner clinic is authorised to administer, supply or prescribe a Schedule 8 poison to or for a person who is not a drug-dependent person during a continuous period greater than 8 weeks without a Schedule 8 permit if—
(a)the treatment is provided at the multiple-practitioner clinic; and
(b)a Schedule 8 permit has been issued to another registered medical practitioner or another nurse practitioner at that multiple-practitioner clinic to administer, supply or prescribe the Schedule 8 poison to or for that person; and
(c)the administration, supply or prescription of the Schedule 8 poison is carried out in accordance with that permit.
(3)Despite section 34C(2), a registered medical practitioner or a nurse practitioner at a multiple practitioner clinic is authorised to administer, supply or prescribe a Schedule 8 poison to or for a person who is not a drug-dependent person without a Schedule 8 permit in the circumstances set out in section 34C(2) if—
(a)the treatment is provided at the multiple-practitioner clinic; and
(b)a Schedule 8 permit has been issued to another registered medical practitioner or another nurse practitioner at that multiple-practitioner clinic to administer, supply or prescribe the Schedule 8 poison to or for that person; and
(c)the administration, supply or prescription of the Schedule 8 poison is carried out in accordance with that permit.
34FException to Schedule 8 permit requirement—patients in prisons, aged care services and hospitals
Despite sections 34B and 34C, a registered medical practitioner or a nurse practitioner is authorised to administer, supply or prescribe a Schedule 8 poison to or for a person without a Schedule 8 permit if that person is—
(a)a prisoner being treated in a prison for the period in prison and a period not exceeding 7 days after that prisoner's release from custody; or
(b)a resident being treated in an aged care service; or
(c)an in-patient being treated in a hospital.".
9Section 35 substituted
For section 35 of the Principal Act substitute—
"35 Offence not to comply with Schedule 8 permit
A registered medical practitioner or a nurse practitioner must not administer, supply or prescribe a Schedule 8 poison to or for one of his or her patients in respect of whom a Schedule 8 permit has been issued—
(a)other than for the period specified in the permit for that administration, supply or prescription; or
(b)in excess of the quantity specified in the permit.
Penalty:100 penalty units.".
10Subdivision 5 heading inserted
Before section 35A of the Principal Act insert—
"Subdivision 5—General".
11Secretary may specify medical conditions
In section 35A(1)(a) of the Principal Act, for "section 35(2A)" substitute "section 34D".
12New section 35B inserted
After section 35A of the Principal Act insert—
"35B Composite forms
For the purposes of this Division—
(a)the regulations may prescribe a composite form which incorporates all or any of the prescribed forms required by sections 33, 33A and 34; and
(b)a composite form is to be taken to be the prescribed form under each of the sections referred to in the form.".
13New section 142 inserted
After section 141 of the Principal Act insert—
"142 Transitional provisions—Drugs, Poisons and Controlled Substances Amendment Act 2008
(1)A notice given under section 33 as in force immediately before the commencement of Part 3 of the Drugs, Poisons and Controlled Substances Amendment Act 2008 is to be taken, on and from that commencement, to be a notification of drug-dependent person for the purposes of section 33 as substituted by that Act.
(2)A permit issued by the Secretary under section 34 as in force immediately before the commencement of Part 3 of the Drugs, Poisons and Controlled Substances Amendment Act 2008 is to be taken, on and from that commencement, to be a Schedule 8 permit issued under section 34A or a Schedule 9 permit issued under section 33B, as the case requires, and—
(a)may be amended, suspended or revoked as if it had been issued under section 34A or section 33B, as the case requires; and
(b)authorises the medical practitioner or nurse practitioner to whom it was issued before that commencement to continue the administration, supply or prescription of the Schedule 8 poison or Schedule 9 poison to which the permit relates in accordance with that permit after that commencement as if the permit had been issued under this Act as amended by Part 3 of the Drugs, Poisons and Controlled Substances Amendment Act 2008.
(3)A notice published by the Secretary under section 35A for the purposes of section 35(2A) as in force immediately before the commencement of Part 3 of the Drugs, Poisons and Controlled Substances Amendment Act 2008 is to be taken, on and from that commencement, to be a notice published for the purposes of section 34D.".
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Part 4—General
14Repeal of Act
This Act is repealed on 1 March 2010.
Note
The repeal 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: 27 February 2008
Legislative Council: 15 April 2008
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 supply of drugs during public health emergencies and to further provide for the supply of Schedule 8 poisons, Schedule 9 poisons and Schedule 4 poisons which are also drugs of dependence to patients, including drug-dependent persons, and for other purposes."
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