Victorian Numbered Regulations

DRUGS, POISONS AND CONTROLLED SUBSTANCES AMENDMENT REGULATIONS 2009 (SR NO 16 OF 2009) - REG 6

    For regulations 18 to 22 of the Principal Regulations substitute —

        "     18     Form of notification of a drug-dependent person

For the purposes of section 33(5) of the Act, the prescribed form is the form of DP1 in Schedule 2.

        19     Form of application for Schedule 9 permit or Schedule 8 permit

    (1)     For the purposes of section 33A(2) of the Act, the prescribed form of application for a Schedule 9 permit is the form of DP2 in Schedule 2.

    (2)     For the purposes of sections 34(4) of the Act, the prescribed form of application for a Schedule 8 permit is the form of DP2A in Schedule 2.

        20     Form of Schedule 9 permit and Schedule 8 permit

    (1)     For the purposes of section 33B(2) of the Act, the prescribed form of a Schedule 9 permit is the form of DP3 in Schedule 2.

    (2)     For the purposes of section 34A(2) of the Act, the prescribed form of a Schedule 8 permit is the form of DP3 in Schedule 2.

        21     Permit required in particular circumstances for supply of methadone

    (1)     For the purposes of preventing the improper use of methadone, a registered medical practitioner or nurse practitioner must not administer, supply or prescribe methadone in circumstances where the registered medical practitioner or nurse practitioner is not required to hold a Schedule 8 permit unless he or she—

        (a)     has a permit from the Secretary authorising that registered medical practitioner or nurse practitioner to administer, supply or prescribe methadone; or

        (b)     is authorised by section 34D, 34E or 34F of the Act to administer, supply or prescribe methadone.

Penalty:     100 penalty units.

    (2)     Despite subregulation (1), a registered medical practitioner or nurse practitioner is not required to have a permit under this regulation if—

        (a)     he or she is treating a patient at an oncology clinic or a pain clinic at a hospital; or

        (b)     he or she is treating a patient who is under the care of a palliative care service.

        22     Permit required in particular circumstances for supply of amphetamine, dexamphetamine, methylamphetamine and methylphenidate

    (1)     For the purposes of preventing the improper use of amphetamine, dexamphetamine, methylamphetamine or methylphenidate, a registered medical practitioner or nurse practitioner must not administer, supply or prescribe any one or more of those substances in circumstances where the registered medical practitioner or nurse practitioner is not required to hold a Schedule 8 permit unless he or she—

        (a)     has a permit from the Secretary authorising that registered medical practitioner or nurse practitioner to administer, supply or prescribe one or more of those substances; or

        (b)     is authorised by section 34D, 34E or 34F of the Act to administer, supply or prescribe any one or more of those substances.

Penalty:     100 penalty units.

    (2)     Despite subregulation (1), a registered medical practitioner is not required to have a permit under this regulation if he or she is—

        (a)     a paediatrician who is treating a person for attention deficit disorder; or

        (b)     a psychiatrist who is treating a person for attention deficit disorder.

        22A     Applications for permits under regulations 21 or 22

r. 6

    (1)         The prescribed form of an application for a permit required under regulation 21 authorising the administration, supply or prescription of methadone is the form of DP2A in Schedule 2.

    (2)         The prescribed form of an application for a permit required under regulation 22 authorising the administration, supply or prescription of amphetamine, dexamphetamine, methylamphetamine or methylphenidate is the form of DP2A in Schedule 2.

        22B     Secretary may issue a Schedule 8 permit

    (1)     On receiving an application for a permit under regulation 21, the Secretary may issue a Schedule 8 permit to a registered medical practitioner or a nurse practitioner authorising the practitioner to administer, supply or prescribe methadone to or for a person who is not a drug-dependent person.

    (2)     On receiving an application for a permit under regulation 22, the Secretary may issue a Schedule 8 permit to a registered medical practitioner or a nurse practitioner authorising the practitioner to administer, supply or prescribe amphetamine, dexamphetamine, methylamphetamine or methylphenidate to or for a person who is not a drug-dependent person.

    (3)     A Schedule 8 permit issued under subregulation (1) or (2) must be in the form of DP3 in Schedule 2.

    (4)     The Secretary may at any time amend, suspend or revoke a Schedule 8 permit issued under subregulation (1) or (2) and any permit which is suspended or revoked ceases to have effect".