Victorian Current Acts

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DRUGS, POISONS AND CONTROLLED SUBSTANCES ACT 1981 - SECT 55K

Exemptions from criminal liability and authorizations for clients of centre

    (1)     A person who is a client of the licensed medically supervised injecting centre who uses, supplies, possesses or administers a drug of dependence that is an injecting centre drug in a permitted quantity of injecting centre drug in the centre is exempt from liability for an offence against Part V or the regulations which is constituted by that use, supply, possession or administration of that drug of dependence.

    (2)     A person referred to in subsection (1) is taken, for the purposes of Part V, to be authorized by this Act to carry out that activity.

    (3)     Nothing in this section exempts a person referred to in subsection (1), or affects any condition or obligation imposed on a person referred to in subsection (1), by or under any court order, tribunal order or by or under any other Act or law, including, but not limited to—

        (a)     any sentencing order under the Sentencing Act 1991 ; or

        (b)     any parole condition or bail condition; or

        (c)     any order under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 ; or

        (d)     any supervision order or detention order (including any interim supervision order or interim detention order) under the Serious Sex Offenders (Detention and Supervision) Act 2009 ; or

S. 55K(3)(da) inserted by No. 45/2019 s. 49.

        (da)     any order under the Serious Offenders Act 2018 ; or

        (e)     any other prescribed law.

S. 55L inserted by No. 66/2017 s. 7.



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