DRUGS, POISONS AND CONTROLLED SUBSTANCES ACT 1981

Victorian Current Acts

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DRUGS, POISONS AND CONTROLLED SUBSTANCES ACT 1981

TABLE OF PROVISIONS

Long Title

1. Short title and commencement

PART I--INTRODUCTORY AND TRANSITIONAL

2. Repeals and revocations
3. Savings
4. Definitions
4A. Act does not apply to certain processed products
4B. Meaning of drug‑checking place
4C. Meaning of drug‑checking service
5. Meaning of possession
6. Meaning of corresponding law
7. Act not to derogate from provisions of certain other Acts
8. References in other Acts
9. Revocation of proclamation etc.
11. Act to bind the Crown

PART II--POISONS AND CONTROLLED SUBSTANCES

Division 1--Classification

12. Poisons Code
12A. The Poisons List
12B. Requirements for labelling and other matters
12C. What if the Poisons Code conflicts with the Act or regulations?
12D. Incorporation of the Poisons Standard
12E. Amendment of Code
12F. Status of the Poisons Code
12G. Procedure for preparation of the Poisons Code
12H. Tabling before Parliament
12I. Availability of Code
12J. What if documents are not notified or made available?
12K. Commencement of Poisons Code and incorporated materials
12L. Evidence

Division 2--Authorized persons

13. Persons authorized to have possession etc. of poisons or controlled substances
13A. Chinese medicine practitioners and herbal dispensers must establish therapeutic need
14. Restrictions on authorisations for certain health practitioners
14A. Minister to approve scope of prescribing rights or supply of poisons

Division 3--Poisons Advisory Committee

15. Establishment and membership of Poisons Advisory Committee
15A. Terms and conditions of appointment
15B. Resignation and removal
15C. Vacancies
15D. Quorum and proceedings
15E. Co-opted members
16. Sub-committees
17. Functions of the Committee
18. Officers of committee

Division 4--Licences, permits and warrants

18A. Definitions
19. Issue of licences, permits and warrants
20. What a licence, permit or warrant can authorise
20AA. What a drug‑checking permit authorises
20AAB. Conditions of drug‑checking permit
20A. Class approvals
20B. Revocation or variation of class approvals
21. Duration of a licence, permit or warrant
22. Renewal of licences and permits
22A. Amendment
22B. Inspection
22C. Suspension or cancellation
22CA. Approval of area within permanent structure for purposes of mobile drug‑checking permit
22CB. Form of applications and approvals
22CC. Meaning of client
22CD. Exemption from criminal liability and authorizations for clients
22CE. Police discretions not affected
22CF. Exemption for permit holders and drug‑checking workers
22CG. Exemption relating to possession under section 5
22CH. Exemption from civil liability
22CI. Planning permit not required
22CJ. Regulations

Division 5--Public health emergencies

22D. When a public health emergency order may be made
22E. Matters to be specified in a public health emergency order
22F. What a public health emergency order authorises
22G. Extending, amending and revoking orders
22H. Orders under this Division to be published in Government Gazette

Division 6--Animal health and welfare emergencies

22I. Definitions
22J. When an animal health and welfare emergency order may be made
22K. Matters to be specified in an animal health and welfare emergency order
22L. What an animal health and welfare emergency order authorises
22M. Extending, amending and revoking orders
22N. Delegation
22O. Orders under this Division to be published in Government Gazette

Division 8--Manufacture and sale of poisons or controlled substances

23. Manufacture, sale and supply of poisons or controlled substances by wholesale
24. Wholesaling of certain poisons
26. Retailing of poisons or controlled substances
27. Sale of poisons or controlled substances by persons other than manufacturers etc.
27A. Offences concerning labelling and other matters
28. House to house sale of poisons or controlled substances prohibited
29. Sale of substances in unauthorised containers
30. Vending machines for poisons or controlled substances

Division 9--Monitored poisons database

30A. Secretary may establish monitored poisons database
30B. Powers of Secretary in relation to monitored poisons database
30C. Access, use and disclosure of information on monitored poisons database
30D. Data source entity to provide records and information to monitored poisons database
30E. Pharmacist to check monitored poisons database before supply of monitored supply poison
30F. Registered medical practitioner to check monitored poisons database before prescription or supply of monitored supply poison
30G. Nurse practitioner to check monitored poisons database before prescription or supply of monitored supply poison
30H. Authorised supplier to check monitored poisons database before prescription or supply of monitored supply poison
30I. Offences relating to access or use of monitored poisons database unless authorised
30J. Protection from liability for duties and functions in relation to monitored poisons database

Division 10--Drugs of dependence, Schedule 8 poisons, Schedule 9 poisons and Schedule 4 poisons

31. Definitions
32. Record keeping in relation to sale or supply of drugs of addiction
32A. Required notification to Secretary—drugs of dependence and Schedule 4, Schedule 8 and Schedule 9 poisons
33A. Application for permit to administer, supply or prescribe Schedule 9 poisons
33B. Schedule 9 permit
33C. Offence not to comply with Schedule 9 permit
33D. Offence to administer Schedule 9 poisons without permit
34. Requirement to apply for Schedule 8 permit
34A. Schedule 8 permit
34B. Offence to administer etc. Schedule 8 poisons to drug-dependent person
34C. Offence to administer etc. Schedule 8 poisons to person who is not a drug-dependent person
34D. Exception to Schedule 8 permit requirement—specified circumstances
34E. Exceptions to Schedule 8 permit requirement—multiple practitioners at medical clinic
34F. Exception to Schedule 8 permit requirement—patients in prisons, police gaols, aged care services and hospitals
35. Offence not to comply with Schedule 8 permit
35A. Secretary may specify circumstances for purposes of section 34D
35B. Composite forms
36A. Forgery
36B. Unauthorized possession etc. of poison or controlled substance etc.

Division 10A--Administration of medication in aged care services

36C. Effect of this Division
36D. Definitions
36E. Administration of drugs of dependence, Schedule 9 poisons, Schedule 8 poisons and Schedule 4 poisons in aged care services
36F. Registered nurse to have regard to code or guideline

Division 11--Appeals

37. Appeals

Division 12--Sale of poisons book

38. Record of sale of poisons
38A. Authorised possession of certain poisons
40. Sale or supply of poisons or controlled substances to persons under age

Division 13--Authorized officers

41. Secretary may authorize person to carry out functions of authorized officer
42. Inspections
42A. Powers of authorized officers to access, use and disclose information on monitored poisons database
43. Duties of officers in relation to seized substances
44. Persons who are liable for contravention of Act

Division 13A--Authorised police employees and other authorised persons

44A. Chief Commissioner may authorise person to carry out functions of authorised police employee
44B. Powers, duties and functions of authorised police employee
44C. Other authorised persons

Division 14--Offences

45. Time within which charge-sheet to be filed
46. Offences
47. Maximum sentence etc.
48. Offence to receive certain moneys etc.
49. Obtaining licence by fraud
50. Immunity of authorized officers and authorised police employees

Division 15--Poison baits

52. Setting of poison baits
53. Regulations

Division 16--Poisons in roads and waterways

54. Special regulations

Division 17--Prohibition of poisons or controlled substances

55. Prohibiting sale or supply of poisons or controlled substances

PART IIA--MEDICALLY SUPERVISED INJECTING CENTRE

Division 1--Preliminary

55A. Object
55B. Meaning of director and supervisor of licensed medically supervised injecting centre

Division 2--Medically supervised injecting centre licence

55C. Medically supervised injecting centre may be licensed
55D. Limit on number of medically supervised injecting centre licences
55E. Internal management protocols
55EA. Agreements and deeds as to transitional obligations
55EB. Penalty for breach of transitional obligation or termination of agreement or deed
55F. Commencement, expiry and extension of medically supervised injecting centre licence
55G. Notices regarding licence
55H. Conditions of medically supervised injecting centre licence
55I. Disciplinary action
55J. Secretary's power to revoke licence
55JA. Transfer of licence

Division 3--Miscellaneous

55K. Exemptions from criminal liability and authorizations for clients of centre
55L. Exemptions from criminal liability and authorizations for licensee and staff
55M. Police discretions not affected
55N. Exemption from civil liability
55O. Planning permit not required
55P. Review of this Part and licensing of medically supervised injecting centre for trial period
55PA. Second review of this Part and licensing of medically supervised injecting centre
55Q. Regulations for this Part

PART III--MANUFACTURE OF HEROIN

56. Manufacture of heroin etc.

PART IIIA--PSYCHOACTIVE SUBSTANCES

56A. Definitions
56B. Burden of proof
56C. Representation that not for human consumption not a defence
56D. Offence to produce psychoactive substance
56E. Offence to sell or supply psychoactive substance
56F. Offence to advertise psychoactive substance

PART IV--DELETERIOUS SUBSTANCES AND SEARCH, SEIZURE AND DETENTION POWERS RELATING TO VOLATILE SUBSTANCES

Division 1--Deleterious substances

57. Definitions
58. Sale of deleterious substances
59. Matters to which this Part does not apply
60. Evidence

Division 2--Volatile substances

60A. Purpose of Division
60B. Police or protective services officer to take into account the best interests of person under 18 years of age
60BA. Protective services officer may exercise police powers under this Division
60C. Where can police powers under this Division be exercised?
60D. Police may use reasonable force
60E. Police may search person under 18 years of age without warrant
60F. Search of person irrespective of age without warrant
60G. Before search, police to identify self
60H. Before search, police to give information and request production of substance or item
60I. Request for explanation before seizure of volatile substances and items used to inhale volatile substances
60J. Seizure of volatile substances and items used to inhale when explanation given
60K. Seizure of volatile substances and items used to inhale when no explanation given
60L. Apprehension and detention
60M. How long may a person be detained and where?
60N. Return of seized or produced volatile substances and items used to inhale volatile substances
60O. Disposal or making safe of volatile substances and items used to inhale volatile substances
60P. Forfeiture to Crown
60Q. Records concerning searches, seizure, receipt or disposal of property, apprehensions and detentions
60R. Person may request record
60S. Chief Commissioner to report on actions under this Division
60T. Regulations

PART IVA--AUTHORITIES FOR LOW‑THC CANNABIS

Division 1--Authorities for low-THC cannabis

61. Definitions
62. Application for authority to cultivate and process low-THC cannabis
63. Secretary must investigate application
63A. When Secretary must refuse to issue authority
64. Matters to be considered in determining applications
65. Determination of applications
66. Terms and conditions of authorities
66A. Application of prescribed terms and conditions
67. Renewal of authorities
68. Authority not transferable
69. Amendment of authorities
69A. Suspension or cancellation
69AB. Delegation
69AC. Procedure for decisions based on protected information
69B. Review by VCAT
69BA. VCAT to inquire on grounds for refusal
69BB. Appointment of special counsel
69BC. Procedure for hearing—protected information
69BD. Decision of VCAT where protected information exists
69BE. Chief Commissioner of Police may request Secretary reconsider decision without protected information
69BF. General provisions for hearing matters involving protected information
69C. Offence to contravene authority
69D. Catchment and Land Protection Act does not apply

Division 2--Inspection and enforcement

69E. Inspectors under this Part
69F. General powers of inspectors
69G. Inspector may order harvest or treatment
69H. Inspector has power to detain or seize
69I. What happens if an inspector detains or seizes plants, crops or products?
69J. Appeal to Secretary if disposal or destruction ordered
69K. Offences relating to inspector's exercise of power
69L. Inspector may possess cannabis for purposes of this Part
69LA. Infringement notices
69LB. Infringement penalty

Division 3--Regulations under this Part

69M. Regulations

PART IVB--LICENCES TO CULTIVATE ALKALOID POPPIES AND PROCESS POPPY STRAW

Division 1--Preliminary

69N. Definitions
69NA. Meaning of associate
69NB. Matters to be considered in determining a fit and proper person

Division 2--Poppy cultivation licence

69O. Application for poppy cultivation licence
69OA. Secretary must investigate application
69OB. Determining an application
69OC. Terms and conditions of a poppy cultivation licence
69OD. Poppy cultivation licence is not transferable
69OE. Employee of licensed grower authorised to undertake activities under licence
69OF. Employee identification certificate issued by licensed grower
69OG. Application for renewal of licence
69OH. Secretary must investigate renewal application
69OI. Determining a renewal application

Division 3--Poppy processing licence

69P. Application for poppy processing licence
69PA. Secretary must investigate application
69PB. Determining an application
69PC. Terms and conditions of a poppy processing licence
69PD. Poppy processing licence is not transferable
69PE. Employee of licensed processor authorised to undertake activities under licence
69PF. Employee identification certificate issued by licensed processor
69PG. Application for renewal of licence
69PH. Secretary must investigate renewal application
69PI. Determining a renewal application

Division 4--General provisions applying to a poppy cultivation licence or poppy processing licence

69Q. Amendment of licences
69QA. Suspension or cancellation of licences

Division 5--Inspection and enforcement

69R. Inspectors under this Part
69RA. Inspectors identification certificate
69RB. General powers of inspector
69RC. Procedure on seizing a document, thing or taking a sample
69RD. Power to use electronic equipment at premises
69RE. Power to copy information on electronic storage devices
69RF. Inspector must not damage equipment
69RG. Inspector may possess alkaloid poppies or poppy straw
69RH. Inspector has power to detain or seize alkaloid poppies or poppy straw
69RI. Procedure on detaining or seizing alkaloid poppies or poppy straw
69RJ. Secretary has power to dispose or deal with seized alkaloid poppies or poppy straw
69RK. Retention and return of seized alkaloid poppies or poppy straw
69RL. Magistrates' Court may extend 3 month period
69RM. Forfeiture, harvest and destruction of alkaloid poppies or poppy straw
69RN. Recovery of costs
69RO. Inspector may access ratepayer information
69RP. Protection against self-incrimination
69RQ. Power to issue infringement notices
69RR. Infringement penalty

Division 6--Offences

69S. Offence to fail to report the amendment or cancellation of a contract
69SA. Offence to fail to report amendment or cancellation
69SB. Offence to fail to report on any change of details of the licensed grower or the licensed processor
69SC. Offence to fail to surrender licence on suspension or cancellation
69SD. Offence to contravene a licence
69SE. Offence to fail to prohibit access to premises
69SF. Offence to fail to carry and produce identification certificate
69SG. Offence to employ disqualified persons under licence
69SH. Offence for disqualified person to be employed by licensed grower or licensed processor
69SI. Employee must comply with terms and conditions of licence
69SJ. Criminal liability of licensed grower or licensed processor—failure to exercise due diligence
69SK. Offence to fail to provide an identification certificate for employees
69SL. Offence to hinder or obstruct inspector
69SM. Offence to remove detained or seized alkaloid poppies or poppy straw

Division 7--Alkaloid poppy register

69T. Alkaloid poppy register
69TA. Request to register a contract
69TB. Access to the alkaloid poppy register restricted
69TC. Person with access to alkaloid poppy register not to disclose personal information from it
69TD. Delegation

Division 8--Review by VCAT

69U. Refusal of licence or renewal of licence on grounds of protected information
69UA. Review by VCAT
69UB. VCAT to inquire on grounds for refusal
69UC. Appointment of special counsel
69UD. Procedure for hearing—protected information
69UE. Decision of VCAT where protected information exists
69UF. General provisions for hearing matters involving protected information

Division 9--Regulations

69V. Regulations

PART V--DRUGS OF DEPENDENCE AND RELATED MATTERS

70. Definitions
71. Trafficking in a drug or drugs of dependence—large commercial quantity
71AA. Trafficking in a drug or drugs of dependence—commercial quantity
71AB. Trafficking in a drug of dependence to a child
71AC. Trafficking in a drug of dependence
71AD. Use of violence or threats to cause trafficking in drug of dependence
71A. Possession of substance, material, documents or equipment for trafficking in a drug of dependence
71B. Supply of drug of dependence to a child
71C. Possession of tablet press
71D. Possession of precursor chemicals
71E. Possession of document containing information about trafficking or cultivating a drug of dependence
71F. Publication of document containing instructions
72. Cultivation of narcotic plants—large commercial quantity
72A. Cultivation of narcotic plants—commercial quantity
72B. Cultivation of narcotic plants
72C. Defence to prosecution for offences involving cultivation
72D. Permitting use of premises for trafficking or cultivation of drug of dependence
73. Possession of a drug of dependence
74. Introduction of a drug of dependence into the body of another person
75. Use of drug of dependence
76. Adjourned bonds to be given in certain cases
77. Forging prescriptions and orders for drugs of dependence
78. Obtaining drugs of dependence etc. by false representation
79. Conspiring
80. Inciting etc.

PART VA--COCAINE KITS

Division 1--Cocaine kits

80A. What is a cocaine kit?
80B. Offence to display a cocaine kit in a retail outlet
80C. Offence to sell a cocaine kit

Division 2--Enforcement

80D. Seizure of cocaine kits
80E. Retention and return of seized cocaine kits
80F. Magistrates' Court may extend 3 month period
80G. Forfeiture and destruction of seized cocaine kits
80H. Court may order forfeiture to the Crown

PART VAB--ICE PIPES

80HA. Definition
80HB. Offence to display an ice pipe in a retail outlet
80HC. Offence to sell or supply an ice pipe
80HD. Seizure of ice pipes
80HE. Retention and return of seized ice pipes
80HF. Magistrates' Court may extend 3 month period
80HG. Forfeiture and destruction of seized ice pipe
80HH. Court may order forfeiture to the Crown

PART VB--PRECURSOR CHEMICALS AND APPARATUS

Division 1--Preliminary

80I. Application of Part

Division 2--Category 1 precursor chemicals

80J. Supply of category 1 precursor chemicals
80K. Storage of category 1 precursor chemicals

Division 3--Category 2 precursor chemicals and category 3 precursor apparatus

80L. Supply of category 2 precursor chemicals
80M. Supply of category 3 precursor apparatus

Division 4--Transaction records

80N. End user declarations to be kept
80O. Record of supply—category 1 precursor chemical
80P. Record of supply—category 2 precursor chemical
80Q. Record of supply of category 3 precursor apparatus
80R. Police may inspect records
80S. Offence not to produce records

PART VC--CANNABIS WATER PIPES AND HOOKAHS

Division 1--Display, sale and supply

80T. Definitions
80TA. Part not to apply in relation to pharmacist dealing with medicinal cannabis vaporiser
80U. Offence to display cannabis water pipe, bong component or bong kit in retail outlet
80V. Offence to sell cannabis water pipe, bong component or bong kit
80W. Offence to supply cannabis water pipe, bong component or bong kit in course of carrying out commercial activity
80X. Display for sale of hookahs in retail outlet

Division 2--Enforcement

80Y. Power to issue infringement notices
80Z. Infringement penalty
80ZA. Seizure of cannabis water pipes, bong components or bong kits
80ZB. Retention and return of seized items
80ZC. Magistrates' Court may extend 3 month period
80ZD. Forfeiture and destruction of seized items
80ZE. Court may order forfeiture to the Crown

PART VI--SEARCH SEIZURE AND FORFEITURE

80ZF. Definitions
81. Warrant to search premises
81A. Notice that seized thing or document is being held for purposes of Confiscation Act 1997
81B. Application for tainted property to be held or retained—return of warrant to court
81C. Court may make direction
81D. Notice of direction under section 81C
81E. Effect of directions under sections 81(1A) and 81C
82. Search without warrant
82A. Protective services officer may exercise police powers under section 82 to search without warrant
83. Forfeiture of drug of dependence or substance before conviction
90. Appeals
91. Destruction of drugs of dependence and psychoactive substances—health and safety
92. Delegated police officers
93. Certificate and report to be provided to Chief Commissioner of Police
94. Request for copies
95. IBAC Commissioner to inspect and report
96. Annual reports

PART VIA--DECLARED TESTING FACILITIES

97. Declared testing facilities
98. Supply of things to declared testing facility

PART VII--PROCEEDINGS

102. Identity of seller of substances
103. Offences by corporations
104. Burden of proof

PART IX--EVIDENTIARY

118. List of licences and permits
119. Evidentiary
120. Analyst's etc. certificates
121. Evidentiary effect of certain statements
122. Proof that a substance is poison etc.
122A. Evidence of market value of drugs of dependence
123. General offence

PART XI--REGULATIONS

129. Regulations
130. Construction of section 129
131. Regulations as to regulated poisons
132. General regulations
132AA. Regulations prescribing drugs of dependence
132A. Regulations may incorporate other documents
132B. Scope of regulations
133. Strict compliance with prescribed forms not necessary
133A. Exemption from regulatory impact statement procedure

PART XII--TRANSITIONAL PROVISIONS

134. References
135. Instruments to continue
135A. Transitional provisions—Drugs, Poisons and Controlled Substances (Amendment) Act 1994
136. Continuity of Poisons Advisory Committee
137. Transitional provisions—Drugs, Poisons and Controlled Substances (Amendment) Act 2001
138. Refund of licence fee in relation to Schedule 5 poisons and Schedule 6 poisons
139. Transitional provisions relating to licences—Drugs, Poisons and Controlled Substances and Therapeutic Goods (Victoria) Acts (Amendment) Act 2004
140. Transitional provisions—Drugs, Poisons and Controlled Substances (Amendment) Act 2006
141. Drug Rehabilitation and Research Fund
142. Transitional provisions—Drugs, Poisons and Controlled Substances Amendment Act 2008
143. Transitional provision—Criminal Procedure Amendment Act 2012
144. Transitional provisions—Drugs, Poisons and Controlled Substances Amendment Act 2016
145. Transitional—Drugs, Poisons and Controlled Substances Miscellaneous Amendment Act 2017
147. Transitional—Justice Legislation Amendment (Police and Other Matters) Act 2019
148. Transitional provision—Primary Industries Legislation Amendment Act 2019
149. Transitional provision—Drugs, Poisons and Controlled Substances Amendment (Medically Supervised Injecting Centre) Act 2023
SCHEDULE 20
ENDNOTES

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