Victorian Consolidated Regulations Victorian Consolidated Regulations(1) For the purposes of section 20AAB(1)(a) of the Act, the prescribed matters of which the holder of a drug-checking permit must keep records are the following matters in respect of each drug-checking transaction carried out by the holder of the permit or by a special drug-checking worker engaged by the holder of the permit—
(a) the date of the drug-checking transaction;
(b) the name of the person who carried out the drug-checking transaction;
(c) the quantity of the transacted substance;
(d) if the person carrying out the transaction knows which poisons, controlled substances or drugs of dependence are present in the transacted substance, the name of each poison, controlled substance or drug of dependence;
(e) if the person carrying out the transaction does not know which poisons, controlled substances or drugs of dependence the transacted substance contains, a description of the appearance of the substance;
Example
A description of the substance's colour, consistency and form.
(f) if the drug-checking transaction is the supply of a substance to the holder of another permit as authorised by section 20AA(2)(a) of the Act, the name and address of the holder of that other permit;
(g) if the drug-checking transaction is the receipt of a substance from the holder of another permit as authorised by section 20AA(2)(b) of the Act, the name and address of the holder of that other permit;
(h) if the drug-checking transaction is the destruction of a substance as authorised by section 20AA(1)(d) or (2)(b)(ii) of the Act—
(i) the method and place of destruction; and
(ii) the name of the person in whose presence the substance is destroyed as required by regulation 149J(1)(b).
(2) Additionally, for the purposes of section 20AAB(1)(a) of the Act, the prescribed matters of which the holder of a drug‑checking permit must keep records includes the transacted substances currently possessed under the permit.
(3) For the purposes of section 20AAB(1)(a) of the Act, the holder of a drug-checking permit must ensure that the records required to be kept under the condition set out in that provision—
(a) are able to be readily sorted by reference to the poison, controlled substance or drug of dependence contained in the transacted substances; and
(b) are readily retrievable in English; and
(c) are kept by the holder of the permit in a readily retrievable form for 3 years from the date of the drug-checking transaction; and
(d) are produced on demand to an authorized officer; and
(e) are maintained in a manner that ensures that the records cannot be altered, destroyed, deleted or removed without detection.
(4) For the purposes of section 20AAB(1)(a) of the Act, the holder of a drug-checking permit must not make, or cause to be made, a record referred to in that provision that the holder of the permit knows to be false or misleading.
(5) The holder of a drug-checking permit must notify the Secretary without delay of the circumstances of any loss, destruction or theft of records kept by the holder of the permit as required by the condition set out in section 20AAB(1)(a) of the Act.
Reg. 149H inserted by S.R. No. 126/2024 reg. 15.