Victorian Current Acts

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DRUGS, POISONS AND CONTROLLED SUBSTANCES ACT 1981 - SECT 22CG

Exemption relating to possession under section 5

    (1)     Each of the persons specified in subsection (2) is exempt from liability for an offence against this Act or the regulations constituted by the possession of a poison, controlled substance or drug of dependence if the possession—

        (a)     arises by operation of section 5; and

        (b)     occurs in the course of a person doing a thing under a drug checking permit.

    (2)     The specified persons are—

        (a)     the holder of the drug checking permit; and

        (b)     a special drug checking worker engaged by the holder of the drug checking permit; and

        (c)     each owner or occupier of the land or premises on which the possession occurs.

    (3)     A person who, under subsection (1), is exempted from liability for an offence constituted by possessing a poison, controlled substance or drug of dependence is taken, for the purposes of this Act, to be authorized by this Act to possess that poison, controlled substance or drug of dependence as described in that subsection.

S. 22CH inserted by No. 41/2024 s. 10.



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