Victorian Consolidated Regulations Victorian Consolidated Regulations(1) In these Regulations—
Reg. 5(1) def. of advanced first aid service inserted by S.R. No. 174/2021 reg. 5(1).
"advanced first aid service" has the same meaning as in the Non-Emergency Patient Transport and First Aid Services (First Aid Services) Regulations 2021 ;
"animal" includes bird, fish or insect;
Reg. 5(1) def. of approved naloxone provider inserted by S.R. No. 113/2022 reg. 5.
"approved naloxone provider "means a person approved, or belonging to a class approved, by the Secretary in accordance with regulation 161D ;
Reg. 5(1) def. of approved naloxone worker inserted by S.R. No. 113/2022 reg. 5.
"approved naloxone worker" means a person belonging to a class approved by the Secretary in accordance with regulation 161E;
Reg. 5(1) def. of approved registered midwife inserted by S.R. No. 13/2021 reg. 5(a).
"approved registered midwife" means a registered midwife belonging to a class approved by the Secretary in accordance with regulation 159B ;
Reg. 5(1) def. of approved registered nurse inserted by S.R. No. 13/2021 reg. 5(a).
"approved registered nurse" means a registered nurse belonging to a class approved by the Secretary in accordance with regulation 159C ;
"Australian Sailing Limited" means Australian Sailing Limited ACN 602 997 562;
"authorised midwife" means a registered midwife who is authorised by section 13(1)(bc) of the Act to obtain, possess, use, sell or supply a Schedule 2, 3, 4 or 8 poison in accordance with that provision;
"authorised optometrist" means a registered optometrist who is authorised by section 13(1)(c) of the Act to obtain, possess, use, sell or supply a Schedule 2, 3 or 4 poison in accordance with that provision;
"authorised podiatrist" means a registered podiatrist who is authorised by section 13(1)(ca) of the Act to obtain, possess, use, sell or supply a Schedule 2, 3 or 4 poison in accordance with that provision;
Reg. 5(1) def. of authorised psychedelic psychiatrist inserted by S.R. No. 61/2023 reg. 5.
"authorised psychedelic psychiatrist" means a registered medical practitioner—
(a) who is registered as a specialist psychiatrist under the Health Practitioner Regulation National Law; and
(b) for whom an authority under section 19(5) of the Therapeutic Goods Act 1989 of the Commonwealth that covers MDMA or psilocybine is in force;
"authorised registered nurse" means a registered nurse who is authorised by section 13(1)(bb) of the Act to obtain, possess, use, sell or supply a Schedule 2, 3, 4 or 8 poison in accordance with that provision;
chart instruction has the meaning given in regulation 6 ;
"Commonwealth Regulations" means the National Health (Pharmaceutical Benefits) Regulations 2017 of the Commonwealth;
Reg. 5(1) def. of Common-wealth Secretary inserted by S.R. No. 61/2023 reg. 5.
"Commonwealth Secretary" means the Secretary within the meaning of the Therapeutic Goods Act 1989 of the Commonwealth;
Reg. 5(1) def. of dental assistant inserted by S.R. No. 31/2018 reg. 5.
"dental assistant" means a person who—
(a) holds a qualification approved by the Secretary under regulation 159A; and
(b) has completed a course approved by the Secretary under regulation 159A ;
Reg. 5(1) def. of electronic medication chart inserted by S.R. No. 73/2020 reg. 5.
"electronic medication chart "means a medication chart in an electronic form in accordance with the requirements of the Commonwealth Regulations;
"enrolled nurse" means a person registered under the Health Practitioner Regulation National Law—
(a) to practise in the nursing and midwifery profession as a nurse (other than as a student); and
(b) in the enrolled nurses division of the Register of Nurses;
Reg. 5(1) def. of first aid inserted by S.R. No. 174/2021 reg. 5(1).
"first aid" has the same meaning as in the Non‑Emergency Patient Transport and First Aid Services Act 2003 ;
Reg. 5(1) def. of first aid service inserted by S.R. No. 174/2021 reg. 5(1).
"first aid service " has the same meaning as in the Non-Emergency Patient Transport and First Aid Services Act 2003 ;
Reg. 5(1) def. of first aid service licence inserted by S.R. No. 174/2021 reg. 5(1).
"first aid service licence "has the same meaning as in the Non-Emergency Patient Transport and First Aid Services Act 2003 ;
general Schedule 9 permit means a permit issued under regulation 14(1);
"hospital medication chart" means a medication chart within the meaning of the Commonwealth Regulations that is kept in respect of a patient being treated in or at a hospital or day procedure centre;
Reg. 5(1) def. of human research ethics committee inserted by S.R. No. 96/2022 reg. 6.
"human research ethics committee" means a committee—
(a) that has notified its existence to the Australian Health Ethics Committee established under the National Health and Medical Research Council Act 1992 of the Commonwealth; and
(b) to which the NHMRC (within the meaning of that Act) has allocated a code to denote the NHMRC's registration of the committee as a human research ethics committee; and
(c) whose registration referred to in paragraph (b) is in force;
Reg. 5(1) def. of intermediate first aid service inserted by S.R. No. 174/2021 reg. 5(1).
"intermediate first aid service" has the same meaning as in the Non-Emergency Patient Transport and First Aid Services (First Aid Services) Regulations 2021 ;
"listed regulated poison" means a Schedule 7 poison that is included in Part 2 of Chapter 1 of the Poisons Code in the list of substances that are not for general sale by retail;
Reg. 5(1) def. of National Health (Continued Dispensing) Determination 2012 substituted as National Health (Continued Dispensing) Determination 2022 by S.R. No. 112/2022 reg. 5.
National Health (Continued Dispensing) Determination 2022 means the legislative instrument made under section 89A(3) of the National Health Act 1953 of the Commonwealth as formulated or published;
Reg. 5(1) def. of non-emergency patient transport service inserted by S.R. No. 178/2018 reg. 5, amended by S.R. No. 174/2021 reg. 5(2).
non-emergency patient transport service has the same meaning as it has in the Non‑Emergency Patient Transport and First Aid Services Act 2003 ;
Reg. 5(1) def. of non-emergency patient transport service licence inserted by S.R. No. 178/2018 reg. 5, amended by S.R. No. 174/2021 reg. 5(3).
non-emergency patient transport service licence has the same meaning as it has in the Non-Emergency Patient Transport and First Aid Services Act 2003 ;
"nurse" means—
(a) a registered nurse; or
(b) an enrolled nurse other than an enrolled nurse who has a notation on the nurse's registration indicating that the nurse is not qualified to administer medication;
"orthoptist" means a person who is registered as an orthoptist with the Australian Orthoptic Board, being a committee constituted by the directors of the Australian Orthoptists Registration Body Pty Ltd ACN 095 117 678;
"ovulatory stimulant" means a substance listed as an ovulatory stimulant in Part 2 of Chapter 1 of the Poisons Code;
"palliative care service" means a service which provides medical and nursing care to persons who are terminally ill;
"pharmacy" has the same meaning as it has in the Pharmacy Regulation Act 2010 ;
"pharmacy business" has the same meaning as it has in the Pharmacy Regulation Act 2010 ;
"pharmacy department" has the same meaning as it has in the Pharmacy Regulation Act 2010 ;
"prescription" does not include—
(a) a chart instruction; or
(b) an authorisation under Part 8 of Chapter 2;
Reg. 5(1) def. of prescription exchange service inserted by S.R. No. 72/2018 reg. 5.
"prescription exchange service "means a system that provides for the electronic transfer of prescription information between a person who issues a prescription and a pharmacist;
"prostaglandin" means a substance listed as a prostaglandin in Part 2 of Chapter 1 of the Poisons Code;
Reg. 5(1) def. of registered Aboriginal and Torres Strait Islander health practitioner inserted by S.R. No. 16/2022 reg. 4.
registered Aboriginal and Torres Strait Islander health practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the Aboriginal and Torres Strait Islander health practice profession (other than as a student);
"registered dental hygienist" means a person registered under the Health Practitioner Regulation National Law—
(a) to practise in the dental profession as a dental hygienist (other than as a student); and
(b) in the dental hygienists division of the Register of Dental Practitioners;
Reg. 5(1) def. of registered dental practitioner inserted by S.R. No. 31/2018 reg. 5.
"registered dental practitioner "means—
(a) a dentist; or
(b) a registered dental hygienist; or
(c) a registered dental therapist; or
(d) a registered oral health therapist;
"registered dental therapist" means a person registered under the Health Practitioner Regulation National Law—
(a) to practise in the dental profession as a dental therapist (other than as a student); and
(b) in the dental therapists division of the Register of Dental Practitioners;
"registered oral health therapist" means a person registered under the Health Practitioner Regulation National Law—
(a) to practice in the dental profession as an oral health therapist (other than as a student); and
(b) in the oral health therapists division of the Register of Dental Practitioners;
"resident" means a person who receives residential care in a residential facility;
residential care service has the meaning given by Schedule 1 to the Aged Care Act 1997 of the Commonwealth;
"residential medication chart" means a medication chart within the meaning of the Commonwealth Regulations that is kept in respect of a person who is receiving treatment as a resident;
"retinoid" means a substance listed as a retinoid in Part 2 of Chapter 1 of the Poisons Code;
Reg. 5(1) def. of Schedule 3 naloxone inserted by S.R. No. 113/2022 reg. 5.
Schedule 3 naloxone means naloxone when prepared to be used for the treatment of opioid overdoses;
Reg. 5(1) def. of Schedule 8 cannabis revoked by S.R. No. 13/2022 reg. 5(a).
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Reg. 5(1) def. of Schedule 8 MDMA inserted by S.R. No. 61/2023 reg. 5.
Schedule 8 MDMA means N, α ‑DIMETHYL‑3, 4‑(METHYLENEDIOXY)PHENYLETHY LAMINE in Schedule 8 of the Poisons Standard;
Note
MDMA is included in Schedule 8 of the Poisons Standard only for the treatment of post-traumatic stress disorder.
Reg. 5(1) def. of Schedule 8 psilocybine inserted by S.R. No. 61/2023 reg. 5.
Schedule 8 psilocybine means psilocybine in Schedule 8 of the Poisons Standard;
Note
Psilocybine is included in Schedule 8 of the Poisons Standard only for the treatment of treatment-resistant depression.
Reg. 5(1) def. of Schedule 8 tetrahydro-cannabinol revoked by S.R. No. 13/2022 reg. 5(b).
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special Schedule 7 substance means a substance listed as a special Schedule 7 substance in Part 2 of Chapter 1 of the Poisons Code;
special Schedule 8 permit means a permit issued under regulation 12(1);
Reg. 5(1) def. of special Schedule 8 poison amended by S.R. No. 13/2022 reg. 5(c).
special Schedule 8 poison means—
(a) methadone;
(b) nabiximols;
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(e) amphetamine;
(f) dexamphetamine;
(g) lisdexamfetamine;
(h) methylamphetamine;
(i) methylphenidate;
(j) sodium oxybate;
"St John Ambulance" means St. John Ambulance Australia (Victoria) Inc. ABN 69 061 844 380;
"storage facility" includes cabinet, receptacle, cupboard, refrigerator or room;
"supplementary labelling requirements" means the requirements set out in regulation 72;
"thalidomide" means—
(a) thalidomide for human use; or
(b) a substance listed as a thalidomide-like substance in Part 2 of Chapter 1 of the Poisons Code;
Reg. 5(1) def. of the Act amended by S.R. No. 13/2021 reg. 5(b).
"the Act" means the Drugs, Poisons and Controlled Substances Act 1981 ;
Reg. 5(1) def. of the Primary Clinical Care Manual inserted by S.R. No. 13/2021 reg. 5(a).
"the Primary Clinical Care Manual" means the document with that title, as published from time to time by the State of Queensland (Queensland Health) and the Royal Flying Doctor Service (Queensland Section).
(2) A reference in these Regulations to a drug of dependence includes a reference to a drug of dependence that is also a Schedule 4 poison, Schedule 8 poison or Schedule 9 poison.
Note
Drug of dependence is defined in the Act.