Victorian Consolidated Regulations Victorian Consolidated RegulationsS.R. No. 29/2017
Version incorporating amendments as at
3 October 2023
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Version No. 018
Drugs, Poisons and Controlled Substances Regulations 2017
S.R. No. 29/2017
Version incorporating amendments as at
3 October
2023
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Drugs, Poisons and Controlled Substances Regulations 2017, S.R. No. 29/2017 were made on 16 May 2017 by the Governor in Council under sections 129, 131, 132, 132A and 132B of the Drugs, Poisons and Controlled Substances Act 1981, No. 9719/1981 and came into operation on 23 May 2017: regulation 3.
The Drugs, Poisons and Controlled Substances Regulations 2017 will sunset 10 years after the day of making on 16 May 2027 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1
January 2001 form part of that Statutory Rule. Any heading inserted in a
Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on
or after 1 January 2001, forms part of that Statutory Rule.
This includes
headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into
which an Order is divided; clauses; regulations; rules; items; tables; columns;
examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted
in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule
made on or after 1 January 2001, forms part of that Statutory Rule.
See
section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that
Statutory Rule, whether inserted in the Statutory Rule before, on or after
1
January 2001. Provision numbers include regulation numbers, rule numbers,
subregulation numbers, subrule numbers, paragraphs and subparagraphs. See
section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
This publication incorporates amendments made to the Drugs, Poisons and Controlled Substances Regulations 2017 by statutory rules, subordinate instruments and Acts.
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Drugs, Poisons and Controlled Substances Amendment (Dental Assistants) Regulations 2018, S.R. No. 31/2018
|
Date of Making: |
20.3.18 |
|
Date of Commencement: |
26.3.18: reg. 3 |
Drugs, Poisons and Controlled Substances Amendment (Medically Supervised Injecting Centre) Regulations 2018, S.R. No. 45/2018
|
Date of Making: |
10.4.18 |
|
Date of Commencement: |
10.4.18 |
Drugs, Poisons and Controlled Substances Amendment (Real-time Prescription Monitoring) Regulations 2018, S.R. No. 72/2018
|
Date of Making: |
5.6.18 |
|
Date of Commencement: |
2.7.18: reg. 3 |
Drugs, Poisons and Controlled Substances Further Amendment Regulations 2018, S.R. No. 178/2018
|
Date of Making: |
23.10.18 |
|
Date of Commencement: |
24.10.18: reg. 3 |
Drugs, Poisons and Controlled Substances Amendment (Monitored Poisons Database) Regulations 2020, S.R. No. 15/2020
|
Date of Making: |
3.3.20 |
|
Date of Commencement: |
3.3.20 |
Drugs, Poisons and Controlled Substances Amendment (Residential Medication Chart) Regulations 2020, S.R. No. 73/2020
|
Date of Making: |
21.7.20 |
|
Date of Commencement: |
23.7.20: reg. 3 |
Drugs, Poisons and Controlled Substances Amendment (Nurses and Midwives) Regulations 2021, S.R. No. 13/2021
|
Date of Making: |
10.3.21 |
|
Date of Commencement: |
1.7.21: reg. 3 |
Drugs, Poisons and Controlled Substances Amendment (Non-Emergency Patient Transport and First Aid Services) Regulations 2021, S.R. No. 174/2021
|
Date of Making: |
21.12.21 |
|
Date of Commencement: |
21.12.21: reg. 3 |
Drugs, Poisons and Controlled Substances Amendment (Schedule 8 Cannabis and Schedule 8 Tetrahydrocannabinol) Regulations 2022, S.R. No. 13/2022
|
Date of Making: |
15.2.22 |
|
Date of Commencement: |
28.2.22: reg. 3 |
Drugs, Poisons and Controlled Substances Amendment (Registered Aboriginal and Torres Strait Islander Health Practitioners) Regulations 2022, S.R. No. 16/2022
|
Date of Making: |
22.2.22 |
|
Date of Commencement: |
22.2.22 |
Drugs, Poisons and Controlled Substances Amendment (Schedule 9 Poisons) Regulations 2022, S.R. No. 96/2022
|
Date of Making: |
27.9.22 |
|
Date of Commencement: |
27.9.22: reg. 3 |
Drugs, Poisons and Controlled Substances Amendment (Continued Dispensing) Regulations 2022, S.R. No. 112/2022
|
Date of Making: |
11.10.22 |
|
Date of Commencement: |
18.10.22: reg. 3 |
Drugs, Poisons and Controlled Substances Amendment (Naloxone) Regulations 2022, S.R. No. 113/2022
|
Date of Making: |
11.10.22 |
|
Date of Commencement: |
12.10.22: reg. 3 |
Drugs, Poisons and Controlled Substances Amendment (Image-Based Prescribing) Regulations 2023, S.R. No. 20/2023
|
Date of Making: |
28.3.23 |
|
Date of Commencement: |
31.3.23: reg. 3 |
Drugs, Poisons and Controlled Substances Amendment Regulations 2023, S.R. No. 46/2023
|
Date of Making: |
6.6.23 |
|
Date of Commencement: |
3.7.23: reg. 3 |
Drugs, Poisons and Controlled Substances Amendment (MDMA and Psilocybine) Regulations 2023, S.R. No. 61/2023
|
Date of Making: |
27.6.23 |
|
Date of Commencement: |
1.7.23: reg. 3 |
Drugs, Poisons and Controlled Substances Amendment (Authorising Pharmacists) Regulations 2023, S.R. No. 105/2023
|
Date of Making: |
3.10.23 |
|
Date of Commencement: |
3.10.23 |
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[1] Sch. 1 item 1: S.R. No. 57/2006. Reprint No. 2 as at 21 October 2016. Reprinted to S.R. No. 132/2016. Extended in operation by S.R. No. 42/2016 and subsequently amended by S.R. Nos 134/2016 and 13/2017.
[2] Sch. 1 item 2: S.R. No. 63/2007.
[3] Sch. 1 item 3: S.R. No. 16/2009.
[4] Sch. 1 item 4: S.R. No. 131/2010.
[5] Sch. 1 item 5: S.R. No. 136/2012.
[6] Sch. 1 item 6: S.R. No. 107/2013.
[7] Sch. 1 item 7: S.R. No. 50/2013.
[8] Sch. 1 item 8: S.R. No. 108/2013.
[9] Sch. 1 item 9: S.R. No. 194/2014.
[10] Sch. 1 item 10: S.R. No. 14/2015.
[11] Sch. 1 item 11: S.R. No. 20/2016.
[12] Sch. 1 item 12: S.R. No. 134/2016.
[13] Sch. 1 item 13: S.R. No. 132/2016.
[14] Sch. 1 item 14: S.R. No. 13/2017.
——
Fee Units
These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004.
The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.
The value of a fee unit for the financial year commencing 1 July 2023 is $15.90. The amount of the calculated fee may be rounded to the nearest 10 cents.
The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.
Penalty Units
These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.
The value of a penalty unit for the financial year commencing 1 July 2023 is $192.31. The amount of the calculated penalty may be rounded to the nearest dollar.
The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.
——
Table of Applied, Adopted or Incorporated Matter
The following table of applied, adopted or incorporated matter was included in S.R. No. 29/2017 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.
|
Statutory Rule Provision |
Title of applied, adopted or incorporated document |
Matter in applied, adopted or incorporated document |
|
Regulation 5(1) (definition of National Health (Continued Dispensing) Determination 2012 |
National Health (Continued Dispensing) Determination 2012, made under the National Health Act 1953 of the Commonwealth |
The whole |
|
Regulation 5(1) (definition of Schedule 8 cannabis) |
Poisons Standard |
Schedule 8 |
|
Regulation 5(1) (definition of Schedule 8 tetrahydrocannabinol) |
Poisons Standard |
Schedule 8 |
Table of Applied, Adopted or Incorporated Matter
The following table of applied, adopted or incorporated matter was included in S.R. No. 13/2021 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.
In this table, Principal Regulations means the Drugs, Poisons and Controlled Substances Regulations 2017.
|
Statutory rule provision |
Title of applied, adopted or incorporated document |
Matter in applied, adopted or incorporated document |
|
Regulation 5 which inserts the definition of the Primary Clinical Care Manual in regulation 5(1) of the Principal Regulations |
The Primary Clinical Care Manual as published from time to time by the State of Queensland (Queensland Health) and the Royal Flying Doctor Service (Queensland Section). |
The whole |
——
Table of Applied, Adopted or Incorporated Matter
The following table of applied, adopted or incorporated matter was included in S.R. No. 112/2022 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.
|
Statutory rule provision |
Title of applied, adopted or incorporated document |
Matter in applied, adopted or incorporated document |
|---|---|---|
|
Regulation 5 which substitutes the definition of National Health (Continued Dispensing) Determination 2012 with the definition of National Health (Continued Dispensing) Determination 2022 in regulation 5 of the Drugs, Poisons and Controlled Substances Regulations 2017 |
National Health (Continued Dispensing) Determination 2022 made under the National Health Act 1953 of the Commonwealth |
The whole |
|
Regulation 6 which amends regulation 57(b) and (c) of the Drugs, Poisons and Controlled Substances Regulations 2017 |
National Health (Continued Dispensing) Determination 2022 made under the National Health Act 1953 of the Commonwealth |
The whole |