Victorian Numbered Acts Victorian Numbered ActsIn this Act—
"approved form" means a form approved by the Health Secretary under section 11;
"approved medicinal cannabis product" means a medicinal cannabis product that the Health Secretary has approved under section 40 ;
"approved medicinal cannabis product register" means the register kept by the Health Secretary under section 41;
"associate" has the meaning given in section 4;
"cannabis "means a plant or any part of a plant of the genus Cannabis L. , whether fresh or dried, and includes cannabis seed;
"cannabis material "means—
(a) cannabis within the meaning of the Narcotic Drugs Act 1967 of the Commonwealth; and
(b) cannabis resin within the meaning of that Act;
Notes
1 In the Narcotic Drugs Act 1967 of the Commonwealth, "cannabis" means the flowering or fruiting tops of the cannabis plant (excluding the seeds and leaves when not accompanied by the tops) from which the resin has not been extracted, by whatever name they may be designated.
2 In the Narcotic Drugs Act 1967 of the Commonwealth, cannabis resin means the separated resin, whether crude or purified, obtained from the cannabis plant.
"Commonwealth licence" to manufacture means a manufacture licence within the meaning of the Narcotic Drugs Act 1967 of the Commonwealth that authorises the manufacture of a drug that includes, or is from, cannabis;
"cultivation licence" means a cannabis licence within the meaning of the Narcotic Drugs Act 1967 of the Commonwealth and includes an approval under section 25A of that Act made in respect of an agency of the State of Victoria;
"eligible patient" means—
(a) a patient who—
(i) is under 18 years of age; and
(ii) experiences severe seizures resulting from an epileptic condition in respect of which other treatment options have not proved effective or have generated intolerable side effects; and
(iii) meets the prescribed criteria in respect of that condition (if any); or
(b) a patient who—
(i) has a prescribed medical condition; and
(ii) meets the prescribed criteria in respect of that condition (if any);
"employee identification certificate" means a certificate issued by a licensed manufacturer;
"general manufacturing licence" means a licence referred to in section 21;
"Health Secretary" means the Secretary to the Department of Health and Human Services;
"intermediate cannabis product" means a substance, compound, preparation or mixture that is manufactured from cannabis but that must be further manufactured before being suitable for human use or consumption;
"label" means a statement in writing on a container of medicinal cannabis, an approved medicinal cannabis product or other medicinal cannabis product and includes any tag, brand mark or statement in writing on, or attached to, or used in connection with, any container or package containing any medicinal cannabis, an approved medicinal cannabis product or other medicinal cannabis product and labelled has a corresponding meaning;
"licensed cultivator" means a person who holds a cultivation licence;
"licensed manufacturer" means a person who holds a manufacturing licence;
"licensed premises" means the premises specified in a manufacturing licence;
"manufacture" has the same meaning as it has in section 4 of the Drugs, Poisons and Controlled Substances Act 1981 but does not include production;
"manufacturing authorisation" means—
(a) in relation to the Health Secretary, the authorisation under section 17 ; or
(b) in relation to the Resources Secretary, the authorisation under section 14;
"manufacturing inspector" means—
(a) a person authorised under section 80(1) to be an inspector in respect of the manufacture of medicinal cannabis products under this Act; and
(b) a police officer;
"manufacturing licence" means—
(a) a manufacturing research licence; or
(b) a general manufacturing licence;
"manufacturing research licence "means a licence referred to in section 20;
"medicinal cannabis" means—
(a) cannabis cultivated in accordance with a cultivation licence or obtained in accordance with this Act; or
(b) cannabis material produced in accordance with a cultivation licence or obtained in accordance with this Act; or
(c) an intermediate cannabis product manufactured or obtained in accordance with this Act; or
(d) a medicinal cannabis product manufactured or obtained in accordance with this Act;
"medicinal cannabis product" means a substance, compound, preparation or mixture that is manufactured from cannabis, cannabis material or an intermediate cannabis product for human use or consumption and includes an approved medicinal cannabis product;
"medicinal cannabis testing facility" means a facility declared by the Health Secretary under section 12;
"patient medicinal cannabis access authorisation" means an authorisation under section 56;
"pharmacist" means a person registered under the Health Practitioner Regulation National Law to practise in the pharmacy profession (other than as a student);
"practitioner medicinal cannabis authorisation" means the following authorisations issued by the Health Secretary under Part 7—
(a) a practitioner medicinal cannabis authorisation—eligible patient;
(b) a practitioner medicinal cannabis authorisation—exceptional circumstances;
(c) a practitioner medicinal cannabis authorisation—research purposes;
practitioner medicinal cannabis authorisation—eligible patient means an authorisation referred to in section 48;
practitioner medicinal cannabis authorisation—exceptional circumstances means an authorisation referred to in section 50 ;
practitioner medicinal cannabis authorisation—research purposes means an authorisation referred to in section 49;
"practitioner medicinal cannabis authorisation" "register" means the register kept by the Health Secretary under section 53;
"production" has the same meaning as it has in the Narcotic Drugs Act 1967 of the Commonwealth;
Note
In the Narcotic Drugs Act 1967 of the Commonwealth, "production" relevantly means the separation of cannabis and cannabis resin from a cannabis plant.
"protected information" means any information, document or thing the production or inspection of which—
(a) is likely to reveal the identity of a person and the fact that the person—
(i) provided information that formed the basis of a decision of the Chief Commissioner of Police to oppose an application for a manufacturing licence; or
(ii) provided information to a police officer in the course of an investigation; or
(iii) is named in any evidence given or information provided to a police officer in the course of an investigation; or
(iv) has been the subject of an investigation conducted by a police officer; or
(b) is likely to jeopardise the safety of a person referred to in paragraph (a)(i), (ii), (iii) or (iv); or
(c) is likely to reveal an investigation method used by police officers; or
(d) is likely to put at risk an ongoing investigation by a police officer; or
(e) is otherwise not in the public interest;
"Resources Secretary" means the Secretary to the Department of Economic Development, Jobs, Transport and Resources;
"seized cannabis" means cannabis, cannabis material, an intermediate cannabis product or a medicinal cannabis product seized by a manufacturing inspector under section 85 and seizure of cannabis has a corresponding meaning;
"serious offence" has the same meaning as it has in section 69N of the Drugs, Poisons and Controlled Substances Act 1981 ;
"specialist medical practitioner" means a registered medical practitioner—
(a) who is registered under the Health Practitioner Regulation National Law (Victoria) in a recognised speciality (within the meaning of that Law) that is prescribed for a prescribed medical condition for which a practitioner medicinal cannabis authorisation—eligible patient is available; or
(b) to whom, or who is a member of a class to which, a declaration under section 7 applies;
"storage device" means—
(a) a tape; or
(b) a disk; or
(c) a similar device that stores information;
"substance" has the same meaning as it has in section 4 of the Drugs, Poisons and Controlled Substances Act 1981 ;
suitability matters has the meaning set out in section 5.