Victorian Current Acts

DRUGS, POISONS AND CONTROLLED SUBSTANCES ACT 1981 - SECT 20AA

    (1)     A drug ‑ checking permit authorises the holder of the permit, and each special drug ‑ checking worker engaged by the holder of the permit to do the following things at the drug ‑ checking place to which the permit relates—

        (a)     receive a substance that a person supplies so that—

              (i)     a drug ‑ checking service may be provided; or

              (ii)     the substance may be disposed of; and

        (b)     if the substance was supplied so that a drug ‑ checking service may be provided, supply back to the person any amount of the substance that is not required for that purpose; and

        (c)     provide a drug ‑ checking service in respect of the substance; and

        (d)     destroy the substance; and

        (e)     to the extent necessary to do a thing described in this subsection, possess a substance, except after a condition referred to in section 20AAB(2) has required it to be destroyed.

    (2)     A drug ‑ checking permit authorises the holder of the permit, and each special drug ‑ checking worker engaged by the holder of the permit to do the following things, whether at the drug ‑ checking place or elsewhere—

        (a)     supply a substance received as described in subsection (1)(a) to a person who holds another drug ‑ checking permit, or any other permit, under which receipt of that substance is authorised; and

        (b)     receive a substance from the holder of another drug ‑ checking permit who supplies it as described in paragraph (a) and—

              (i)     provide a drug ‑ checking service in respect of the substance; and

              (ii)     destroy the substance; and

        (c)     to the extent necessary to do a thing described in this subsection—

              (i)     possess a substance, except after a condition referred to in section 20AAB(2) has required it to be destroyed; and

              (ii)     transport or deliver a substance; and

        (d)     provide harm reduction information.

    (3)     An authorisation under subsection (1) or (2) to receive, possess, supply, destroy, transport or deliver a substance includes an authorisation to do that thing with any poison, controlled substance or drug of dependence contained in the substance.

    (4)     A drug ‑ checking permit authorises each general drug ‑ checking worker engaged by the holder of the permit to provide harm reduction information, whether at the drug ‑ checking place or elsewhere.

    (5)     Nothing in subsection (4) authorises a general drug ‑ checking worker—

        (a)     to receive, possess, or supply a substance; or

        (b)     to provide a drug ‑ checking service other than the service of providing harm reduction information.

    (6)     A drug ‑ checking permit authorises each drug ‑ checking director engaged by the holder of the permit to do the following things, whether at the drug ‑ checking place or elsewhere—

        (a)     oversee the provision of drug ‑ checking services; and

        (b)     perform the prescribed other duties (if any).

    (7)     Nothing in subsection (6) authorises a drug ‑ checking director—

        (a)     to receive, possess, or supply a substance; or

        (b)     to provide a drug ‑ checking service.

Note

If the drug‑checking director is a special drug‑checking worker, the director will be authorised to do these things under subsections (1) and (2). Alternatively, if the director is a general drug‑checking worker, the director will be authorised to provide harm reduction information under subsection (4).

S. 20AAB inserted by No. 41/2024 s. 8.