DRUGS, POISONS AND CONTROLLED SUBSTANCES REGULATIONS 2017 - REG 7 Persons authorised to possess Schedule 4, 8 and 9 poisons

Victorian Consolidated Regulations

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DRUGS, POISONS AND CONTROLLED SUBSTANCES REGULATIONS 2017 - REG 7

Persons authorised to possess Schedule 4, 8 and 9 poisons

(1) A person or class of persons shown in an item in Column 1 of the following Table is authorised to obtain or possess a Schedule 4 poison, Schedule 8 poison or Schedule 9 poison to the extent and for the purpose shown in Column 2.

Reg. 7(1) (Table) amended by S.R. Nos 31/2018 reg. 6, 178/2018 reg. 6(1), 13/2021 reg. 6, 174/2021 reg. 6, 16/2022 reg. 5.

Table

Column 1

Column 2

1.

A person who holds or who is the agent of a person who holds a licence, permit or warrant issued under the Act or these Regulations.

Those Schedule 4 poisons, Schedule 8 poisons or Schedule 9 poisons named on the licence, permit or warrant to the extent and for the purpose specified in the licence, permit or warrant.

2.

A person who is engaged, or employed by a person who is engaged, to transport a Schedule 4 poison at the request of a person holding a licence or permit issued under the Act or these Regulations, or a registered medical practitioner, veterinary practitioner, dentist, nurse practitioner,

The Schedule 4 poison for the purposes of delivery to the person to whom the consignment is addressed.

Column 1

Column 2

authorised midwife, authorised optometrist, authorised podiatrist or pharmacist.

3.

A person who is engaged, or employed by a person who is engaged, to transport a Schedule 8 poison at the request of a person holding a licence or permit issued under the Act or these Regulations, or a registered medical practitioner, veterinary practitioner, dentist, nurse practitioner, authorised midwife or pharmacist.

The Schedule 8 poison for the purposes of delivery to the person to whom the consignment is addressed.

4.

A person who is engaged, or employed by a person who is engaged, to transport a Schedule 9 poison at the request of a person holding a licence or permit issued under the Act or these Regulations.

The Schedule 9 poison for the purposes of delivery to the person to whom the consignment is addressed.

5.

A person for whom a Schedule 4 poison is supplied by a registered medical practitioner, dentist, nurse practitioner, authorised registered nurse, approved registered nurse, authorised midwife, approved registered midwife, authorised optometrist, authorised podiatrist or pharmacist in accordance with the Act and these Regulations.

That Schedule 4 poison to the extent and for the purpose for which it is supplied.

6.

A person for whom a Schedule 8 poison is supplied by a registered medical practitioner, dentist, nurse practitioner, authorised registered nurse, approved registered nurse, authorised midwife, approved registered midwife or pharmacist in accordance with the Act and these Regulations.

That Schedule 8 poison to the extent and for the purpose for which it is supplied.

7.

A person for whom a Schedule 9 poison is supplied by a registered medical practitioner, dentist or pharmacist in accordance with the Act and these Regulations.

That Schedule 9 poison to the extent and for the purpose for which it is supplied.

8.

The agent of, or a person who has the care of, or who is assisting in the care of, a person referred to in item 5, 6 or 7.

That Schedule 4 poison, Schedule 8 poison or Schedule 9 poison to the extent and for the purpose for which it is supplied.

9.

An owner of, or a person having custody or care of, an animal for which a Schedule 4 poison, Schedule 8 poison or Schedule 9 poison is supplied by a veterinary practitioner or pharmacist in accordance with the Act and these Regulations.

That Schedule 4 poison, Schedule 8 poison or Schedule 9 poison to the extent and for the purpose for which it is supplied.

10.

An owner of, or person having custody or care of, animals for which a Schedule 4 poison is supplied by wholesale in a stock food on the order of a veterinary practitioner for the treatment of those animals in accordance with the Act or these Regulations.

That Schedule 4 poison to the extent and for the purpose for which it is supplied.

11.

An operational staff member within the meaning of the Ambulance Services Act 1986 .

Those Schedule 4 poisons or Schedule 8 poisons listed in the health services permit held by that ambulance service within the meaning of the Ambulance Services Act 1986 to the extent and for the purpose specified in the permit.

* * * * *

13.

A master or chief officer of a ship in port in Victoria.

Those Schedule 4 poisons or Schedule 8 poisons that are required by State, Commonwealth or international law for the purposes of completing the equipment of that ship.

14.

A yacht owner or crew member who is a member of Australian Sailing Limited and whose yacht is entered in a race conducted under the rules of Australian Sailing Limited.

Those Schedule 4 poisons or Schedule 8 poisons contained in the medical kit for the purposes of the Australian Sailing Limited race category in which the yacht is entered.

15.

A registered optometrist carrying on the lawful practice of the registered optometrist's profession who is not an authorised optometrist.

Those Schedule 4 poisons approved by the Secretary under regulation 160(1) that are required in the practice of the registered optometrist's profession for the purpose of the practice of optometry.

16.

A registered podiatrist carrying on the lawful practice of the registered podiatrist's profession who is not an authorised podiatrist.

Those Schedule 4 poisons approved by the Secretary under regulation 160(1) that are required in the practice of the registered podiatrist's profession for the purpose of the treatment of podiatric conditions.

17.

A person who holds a permit to use etorphine in accordance with the Act and these Regulations or a person assisting that permit holder.

Those morphine antagonists that are necessary for the purpose of administration as an antidote to etorphine.

18.

An Australian Ski Patrol Association Inc. ABN 26 369 760 601 qualified ski patroller.

Those Schedule 4 poisons approved by the Secretary under regulation 160(1) that are required in the performance of a ski patroller's duties for the purpose of treatment in emergencies.

19.

A Director within the meaning of the Victoria State Emergency Service Act 2005 .

Those Schedule 4 poisons or Schedule 8 poisons that are required for the purpose of the performance of the state emergency services' duties in an emergency coming within the jurisdiction of a Director under the Victoria State Emergency Service Act 2005 .

20.

A municipal council, an environmental health officer or a nurse or registered midwife employed or appointed by a municipal council.

Those Schedule 4 poisons that are necessary for the purpose of immunisation programs coordinated by a municipal council in accordance with its functions under the Public Health and Wellbeing Act 2008 .

21

A registered dental hygienist, registered dental therapist or registered oral health therapist.

Those Schedule 4 poisons approved by the Secretary under regulation 160(1) that are required for the purpose of the provision of dental care by the registered dental hygienist, registered dental therapist or registered oral health therapist.

21A.

A dental assistant employed or engaged by an entity declared to be a public dental service by the Secretary under regulation 160A.

Those Schedule 4 poisons approved by the Secretary under regulation 160(1) that are required for the treatment of a person whose name is specified in an instruction written by a registered dental practitioner and given to the dental assistant.

22.

An orthoptist practising under the direction of a registered medical practitioner or an authorised optometrist.

Those Schedule 4 poisons approved by the Secretary under regulation 160(1) in topical ophthalmic preparations for the purpose of use in the eyes of patients.

23.

On-site emergency response workers trained in Advanced First Aid at mine sites and power stations.

Those Schedule 4 poisons approved by the Secretary under regulation 160(1) that are required in the performance of an emergency response worker's duties for the purpose of treatment in emergencies.

24.

A person who holds a non-emergency patient transport service licence.

Those Schedule 4 poisons approved by the Secretary under regulation 160(1) that are required in the performance of the person's duties for the purpose of providing medical care to patients of the non-emergency patient transport service operated by the licence holder.

24A.

A person (including a nurse) employed or engaged by the holder of a non-emergency patient transport service licence to provide medical care to patients of the non-emergency patient transport service operated by the licence holder.

Those Schedule 4 poisons approved by the Secretary under regulation 160(1) that are required in the performance of the person's duties for the purpose of providing medical care to patients of the non-emergency patient transport service operated by the licence holder.

24B.

A person who holds a first aid service licence to operate an intermediate first aid service or an advanced first aid service.

Those Schedule 4 poisons approved by the Secretary under regulation 160(1) that are required in the performance of the person's duties for the purpose of providing first aid to patients of the intermediate first aid service or advanced first aid service operated by the licence holder.

24C.

A person (including a nurse) employed or engaged by a licence holder referred to in item 24B to provide first aid to patients of the intermediate first aid service or advanced first aid service operated by the licence holder.

Those Schedule 4 poisons approved by the Secretary under regulation 160(1) that are required in the performance of the person's duties for the purpose of providing first aid to patients of the intermediate first aid service or advanced first aid service operated by the licence holder.

25.

A person employed or engaged as a lifeguard (on a paid or unpaid basis) by Life Saving Victoria Limited ABN 21 102 927 364.

Those Schedule 4 poisons approved by the Secretary under regulation 160(1) that are required in the performance of the lifeguard's duties for the purpose of treatment in emergencies.

26.

A registered Aboriginal and Torres Strait Islander health practitioner.

Those Schedule 4 poisons approved by the Secretary under regulation 160(1) that are required in the practice of the registered Aboriginal and Torres Strait Islander health practitioner's profession.

Column 1	Column 2
	authorised midwife, authorised optometrist, authorised podiatrist or pharmacist.
3.	A person who is engaged, or employed by a person who is engaged, to transport a Schedule 8 poison at the request of a person holding a licence or permit issued under the Act or these Regulations, or a registered medical practitioner, veterinary practitioner, dentist, nurse practitioner, authorised midwife or pharmacist.	The Schedule 8 poison for the purposes of delivery to the person to whom the consignment is addressed.
4.	A person who is engaged, or employed by a person who is engaged, to transport a Schedule 9 poison at the request of a person holding a licence or permit issued under the Act or these Regulations.	The Schedule 9 poison for the purposes of delivery to the person to whom the consignment is addressed.
5.	A person for whom a Schedule 4 poison is supplied by a registered medical practitioner, dentist, nurse practitioner, authorised registered nurse, approved registered nurse, authorised midwife, approved registered midwife, authorised optometrist, authorised podiatrist or pharmacist in accordance with the Act and these Regulations.	That Schedule 4 poison to the extent and for the purpose for which it is supplied.
6.	A person for whom a Schedule 8 poison is supplied by a registered medical practitioner, dentist, nurse practitioner, authorised registered nurse, approved registered nurse, authorised midwife, approved registered midwife or pharmacist in accordance with the Act and these Regulations.	That Schedule 8 poison to the extent and for the purpose for which it is supplied.
7.	A person for whom a Schedule 9 poison is supplied by a registered medical practitioner, dentist or pharmacist in accordance with the Act and these Regulations.	That Schedule 9 poison to the extent and for the purpose for which it is supplied.
8.	The agent of, or a person who has the care of, or who is assisting in the care of, a person referred to in item 5, 6 or 7.	That Schedule 4 poison, Schedule 8 poison or Schedule 9 poison to the extent and for the purpose for which it is supplied.
9.	An owner of, or a person having custody or care of, an animal for which a Schedule 4 poison, Schedule 8 poison or Schedule 9 poison is supplied by a veterinary practitioner or pharmacist in accordance with the Act and these Regulations.	That Schedule 4 poison, Schedule 8 poison or Schedule 9 poison to the extent and for the purpose for which it is supplied.
10.	An owner of, or person having custody or care of, animals for which a Schedule 4 poison is supplied by wholesale in a stock food on the order of a veterinary practitioner for the treatment of those animals in accordance with the Act or these Regulations.	That Schedule 4 poison to the extent and for the purpose for which it is supplied.

11.	An operational staff member within the meaning of the Ambulance Services Act 1986 .	Those Schedule 4 poisons or Schedule 8 poisons listed in the health services permit held by that ambulance service within the meaning of the Ambulance Services Act 1986 to the extent and for the purpose specified in the permit.
* * * * *
13.	A master or chief officer of a ship in port in Victoria.	Those Schedule 4 poisons or Schedule 8 poisons that are required by State, Commonwealth or international law for the purposes of completing the equipment of that ship.
14.	A yacht owner or crew member who is a member of Australian Sailing Limited and whose yacht is entered in a race conducted under the rules of Australian Sailing Limited.	Those Schedule 4 poisons or Schedule 8 poisons contained in the medical kit for the purposes of the Australian Sailing Limited race category in which the yacht is entered.
15.	A registered optometrist carrying on the lawful practice of the registered optometrist's profession who is not an authorised optometrist.	Those Schedule 4 poisons approved by the Secretary under regulation 160(1) that are required in the practice of the registered optometrist's profession for the purpose of the practice of optometry.
16.	A registered podiatrist carrying on the lawful practice of the registered podiatrist's profession who is not an authorised podiatrist.	Those Schedule 4 poisons approved by the Secretary under regulation 160(1) that are required in the practice of the registered podiatrist's profession for the purpose of the treatment of podiatric conditions.
17.	A person who holds a permit to use etorphine in accordance with the Act and these Regulations or a person assisting that permit holder.	Those morphine antagonists that are necessary for the purpose of administration as an antidote to etorphine.
18.	An Australian Ski Patrol Association Inc. ABN 26 369 760 601 qualified ski patroller.	Those Schedule 4 poisons approved by the Secretary under regulation 160(1) that are required in the performance of a ski patroller's duties for the purpose of treatment in emergencies.
19.	A Director within the meaning of the Victoria State Emergency Service Act 2005 .	Those Schedule 4 poisons or Schedule 8 poisons that are required for the purpose of the performance of the state emergency services' duties in an emergency coming within the jurisdiction of a Director under the Victoria State Emergency Service Act 2005 .
20.	A municipal council, an environmental health officer or a nurse or registered midwife employed or appointed by a municipal council.	Those Schedule 4 poisons that are necessary for the purpose of immunisation programs coordinated by a municipal council in accordance with its functions under the Public Health and Wellbeing Act 2008 .
21	A registered dental hygienist, registered dental therapist or registered oral health therapist.	Those Schedule 4 poisons approved by the Secretary under regulation 160(1) that are required for the purpose of the provision of dental care by the registered dental hygienist, registered dental therapist or registered oral health therapist.
21A.	A dental assistant employed or engaged by an entity declared to be a public dental service by the Secretary under regulation 160A.	Those Schedule 4 poisons approved by the Secretary under regulation 160(1) that are required for the treatment of a person whose name is specified in an instruction written by a registered dental practitioner and given to the dental assistant.
22.	An orthoptist practising under the direction of a registered medical practitioner or an authorised optometrist.	Those Schedule 4 poisons approved by the Secretary under regulation 160(1) in topical ophthalmic preparations for the purpose of use in the eyes of patients.
23.	On-site emergency response workers trained in Advanced First Aid at mine sites and power stations.	Those Schedule 4 poisons approved by the Secretary under regulation 160(1) that are required in the performance of an emergency response worker's duties for the purpose of treatment in emergencies.
24.	A person who holds a non-emergency patient transport service licence.	Those Schedule 4 poisons approved by the Secretary under regulation 160(1) that are required in the performance of the person's duties for the purpose of providing medical care to patients of the non-emergency patient transport service operated by the licence holder.
24A.	A person (including a nurse) employed or engaged by the holder of a non-emergency patient transport service licence to provide medical care to patients of the non-emergency patient transport service operated by the licence holder.	Those Schedule 4 poisons approved by the Secretary under regulation 160(1) that are required in the performance of the person's duties for the purpose of providing medical care to patients of the non-emergency patient transport service operated by the licence holder.
24B.	A person who holds a first aid service licence to operate an intermediate first aid service or an advanced first aid service.	Those Schedule 4 poisons approved by the Secretary under regulation 160(1) that are required in the performance of the person's duties for the purpose of providing first aid to patients of the intermediate first aid service or advanced first aid service operated by the licence holder.
24C.	A person (including a nurse) employed or engaged by a licence holder referred to in item 24B to provide first aid to patients of the intermediate first aid service or advanced first aid service operated by the licence holder.	Those Schedule 4 poisons approved by the Secretary under regulation 160(1) that are required in the performance of the person's duties for the purpose of providing first aid to patients of the intermediate first aid service or advanced first aid service operated by the licence holder.
25.	A person employed or engaged as a lifeguard (on a paid or unpaid basis) by Life Saving Victoria Limited ABN 21 102 927 364.	Those Schedule 4 poisons approved by the Secretary under regulation 160(1) that are required in the performance of the lifeguard's duties for the purpose of treatment in emergencies.
26.	A registered Aboriginal and Torres Strait Islander health practitioner.	Those Schedule 4 poisons approved by the Secretary under regulation 160(1) that are required in the practice of the registered Aboriginal and Torres Strait Islander health practitioner's profession.

Reg. 7(2) amended by S.R. No. 178/2018 reg. 6(2).

(2) Nothing in this regulation limits any other authorisation of a person referred to in Column 1 of the preceding Table to obtain or possess a poison or controlled substance, whether in the capacity referred to in Column 1 or otherwise.

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Table
Column 1		Column 2

1.	A person who holds or who is the agent of a person who holds a licence, permit or warrant issued under the Act or these Regulations.	Those Schedule 4 poisons, Schedule 8 poisons or Schedule 9 poisons named on the licence, permit or warrant to the extent and for the purpose specified in the licence, permit or warrant.
2.	A person who is engaged, or employed by a person who is engaged, to transport a Schedule 4 poison at the request of a person holding a licence or permit issued under the Act or these Regulations, or a registered medical practitioner, veterinary practitioner, dentist, nurse practitioner,	The Schedule 4 poison for the purposes of delivery to the person to whom the consignment is addressed.