Victorian Numbered Acts

JUSTICE LEGISLATION FURTHER AMENDMENT ACT 2009 (NO. 55 OF 2009) - SECT 8

After Part VA of the Drugs, Poisons and Controlled Substances Act 1981 insert —

" PART VB—PRECURSOR CHEMICALS AND APPARATUS

Division 1—Preliminary

        80I     Application of Part

This Part does not apply to—

        (a)     the supply by retail of a retail product containing a precursor chemical;

        (b)     therapeutic goods within the meaning of the Therapeutic Goods (Victoria) Act 1994 which are prescribed to be exempt (in whole or in part) from this Part;

        (c)     the supply of a precursor chemical, or class of precursor chemical, which is prescribed to be exempt (in whole or in part) from this Part.

Division 2—Category 1 precursor chemicals

        80J     Supply of category 1 precursor chemicals

    (1)     Subject to subsection (2), a person (the supplier ) must not supply a category 1 precursor chemical to another person (the "receiver") unless the receiver—

        (a)     provides sufficient proof of identity of receiver to the supplier; and

Note

See definition of sufficient proof of identity of receiver in section 4(1).

        (b)     has an account with the supplier through which the receiver pays for the supply of category 1 precursor chemicals; and

        (c)     gives the supplier an end user declaration containing the prescribed particulars.

Penalty:     In the case of a natural person, 30 penalty units;

In the case of a body corporate, 150 penalty units.

    (2)         A person must not supply a category 1 precursor chemical under subsection (1) unless at least 24 hours have passed since the receiver complied with the requirements set out in subsection (1).

Penalty:     In the case of a natural person, 30 penalty units;

In the case of a body corporate, 150 penalty units.

        80K     Storage of category 1 precursor chemicals

    (1)     A person who supplies category 1 precursor chemicals must ensure that any category 1 precursor chemicals in that person's control, custody or possession are stored in a manner that prevents any access to it by a person other than—

        (a)     the person who supplies the category 1 precursor chemicals; and

        (b)     any person authorised in writing to have access to the category 1 precursor chemicals by the person referred to in paragraph (a).
s. 8

Penalty:     In the case of a natural person, 20 penalty units;

In the case of a body corporate, 100 penalty units.

    (2)     A person who supplies any category 1 precursor chemical must keep each authorisation referred to in subsection (1)(b) for at least 2 years after the expiry of the authorisation.

Penalty:     In the case of a natural person, 20 penalty units;

In the case of a body corporate, 100 penalty units.

Division 3—Category 2 precursor chemicals and category 3 precursor apparatus

        80L     Supply of category 2 precursor chemicals

A person (the supplier ) must not supply a category 2 precursor chemical to another person (the "receiver") unless the receiver—

        (a)     provides sufficient proof of identity of receiver to the supplier; and

Note

See definition of sufficient proof of identity of receiver in section 4(1).

        (b)     either—

              (i)     has an account with the supplier through which the receiver pays for the supply of category 2 precursor chemicals; or

              (ii)     if cash is used, gives the supplier an end user declaration containing the prescribed particulars.

Penalty:     In the case of a natural person, 30 penalty units;

In the case of a body corporate, 150 penalty units.

        80M     Supply of category 3 precursor apparatus

A person (the supplier ) must not supply a category 3 precursor apparatus to another person (the "receiver") unless the receiver—

        (a)     provides sufficient proof of identity of receiver to the supplier; and

Note

See definition of sufficient proof of identity of receiver in section 4(1).

        (b)     either—

              (i)     has an account with the supplier through which the receiver pays for the supply of category 3 precursor apparatus; or

              (ii)     if cash is used, gives the supplier an end user declaration containing the prescribed particulars.

Penalty:     In the case of a natural person, 30 penalty units;

In the case of a body corporate, 150 penalty units.

Division 4—Transaction records

        80N     End user declarations to be kept

    (1)     A person who supplies any category 1 precursor chemical must keep each end user declaration given to the person under section 80J for at least 5 years after the relevant date of supply to which the end user declaration relates.

Penalty:     In the case of a natural person, 20 penalty units;

In the case of a body corporate, 100 penalty units.

    (2)     A person who supplies any category 2 precursor chemical must keep each end user declaration given to the person under section 80L(b)(ii) for     at least 2 years after the relevant date of supply to which the end user declaration relates.

Penalty:     In the case of a natural person, 20 penalty units;

In the case of a body corporate, 100 penalty units.

    (3)     A person who supplies any category 3 precursor apparatus must keep each end user declaration given to the person under section 80M(b)(ii) for     at least 2 years after the relevant date of supply to which the end user declaration relates.

Penalty:     In the case of a natural person, 20 penalty units;

In the case of a body corporate, 100 penalty units.

        80O     Record of supply—category 1 precursor chemical

    (1)     A person who supplies any category 1 precursor chemical must make an accurate record of the supply setting out the following details—

        (a)     the date of supply; and

        (b)     the name and quantity of the category 1 precursor chemical supplied; and

        (c)     any other prescribed details (if any).

Penalty:     In the case of a natural person, 20 penalty units;

In the case of a body corporate, 100 penalty units.

    (2)     A person who supplies any category 1 precursor chemical must keep each record made under subsection (1) for a period of at least 5 years from date of supply of the relevant category 1 precursor chemical to which the record relates.

Penalty:     In the case of a natural person, 20 penalty units;

In the case of a body corporate, 100 penalty units.

        80P     Record of supply—category 2 precursor chemical

    (1)     A person who supplies any category 2 precursor chemical must make an accurate record of the supply setting out the following details—

        (a)     unless the receiver gives an end user declaration, the name and address of the person to whom the category 2 precursor chemical was supplied; and

        (b)     the date of supply; and

        (c)     the name and quantity of the category 2 precursor chemical supplied; and

        (d)     any other prescribed details (if any).

Penalty:     In the case of a natural person, 20 penalty units;

In the case of a body corporate, 100 penalty units.

    (2)     A person who supplies any category 2 precursor chemical must keep each record made under subsection (1) for at least 2 years after the date of supply of the relevant category 2 precursor chemical to which the record relates.

Penalty:     In the case of a natural person, 20 penalty units;

In the case of a body corporate, 100 penalty units.

        80Q     Record of supply of category 3 precursor apparatus

    (1)     A person who supplies any category 3 precursor apparatus must make an accurate record of the supply setting out the following details—

        (a)     unless the receiver gives an end user declaration, the name and address of the person to whom the category 3 precursor apparatus was supplied; and

        (b)     the date of supply; and

        (c)     the name and quantity of the category 3 precursor apparatus supplied; and

        (d)     any other prescribed details (if any).

Penalty:     In the case of a natural person, 20 penalty units;

In the case of a body corporate, 100 penalty units.

    (2)     A person who supplies any category 3 precursor apparatus must keep each record made under subsection (1) for at least 2 years after the date of supply of the relevant category 3 precursor apparatus to which the record relates.

Penalty:     In the case of a natural person, 20 penalty units;

In the case of a body corporate, 100 penalty units.

        80R     Police may inspect records

    (1)     Subject to subsection (4), a member of the police force, without warrant, at any time when the premises are open for business—

        (a)     may enter premises where category 1 precursor chemicals, category 2 precursor chemicals or category 3 precursor apparatus are supplied; and

        (b)     may inspect any records required to be kept under this Part which are at those premises.

    (2)     A member of the police force exercising a power under subsection (1) may require a person who supplies category 1 precursor chemicals, category 2 precursor chemicals or category 3 precursor apparatus to produce for inspection any records required to be kept under this Part.

    (3)     Without limiting subsection (2), if a document required to be produced under subsection (2) is or is part of a record kept in an electronically readable form, a member of the police force may require the document to be provided in a readily accessible form—

        (a)     electronically; or

        (b)     in a paper form produced from a computer.

    (4)     A member of the police force must show his or her identification before exercising a power under this section, unless that member is in police uniform.

    (5)     This section does not limit or prevent the exercise of any other inspection power or enforcement power under this Act or the regulations or any other law.

        80S     Offence not to produce records

A person must comply with a requirement under section 80R to produce a record required to be kept under this Part.

Penalty:     In the case of a natural person, 20 penalty units;

In the case of a body corporate, 100 penalty units.

__________________".