Victorian Current Acts

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

Exemptions from criminal liability and authorizations for licensee and staff

S. 55L(1) amended by No. 7/2023 s. 20(1).

    (1)     The holder of a medically supervised injecting centre licence and each member of the staff of the licensed medically supervised injecting centre is exempt from liability for an offence against Part V or the regulations constituted by the supply or possession of a drug of dependence in the centre if the supply or possession occurs in the operation of the centre, whether or not the drug of dependence is an injecting centre drug in a permitted quantity of that injecting centre drug.

    (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 supply or possession.

S. 55L(3) amended by No. 7/2023 s. 20(1).

    (3)     The holder of a medically supervised injecting centre licence, each member of the staff at the permitted site (other than a member of the staff of the licensed medically supervised injecting centre), the owner of the permitted site and each occupier of the permitted site is exempt from liability for an offence against Part V constituted by the possession of a drug of dependence at the site if the possession—

        (a)     arises by operation of section 5; and

        (b)     occurs in the operation of the centre, whether or not the drug of dependence is an injecting centre drug in a permitted quantity of that injecting centre drug.

    (4)     A person referred to in subsection (3) is taken, for the purposes of Part V, to be authorized by this Act to carry out that possession.

S. 55M inserted by No. 66/2017 s. 7.



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