Drugs, Poisons and Controlled Substances
Amendment Act 2012
No.
of 2012
TABLE OF PROVISIONS
Clause
1
2
3
4
5
6
7
8
Purpose
Commencement
Principal Act
Setting of poison baits
Part 1 of Schedule Eleven amended—other synthetic substances
Part 3 of Schedule Eleven amended—other synthetic substances
Part 3 of Schedule Eleven amended—synthetic cannabinoids
Repeal of amending Act
═══════════════
ENDNOTES
Page
1
2
2
2
3
3
4
5
6
i
Drugs, Poisons and Controlled
Substances Amendment Act 2012†
No.
of 2012
[Assented to
The Parliament of Victoria enacts:
1 Purpose
The purpose of this Act is to amend the Drugs,
Poisons and Controlled Substances Act 1981—
(a) to include certain substances as drugs of
dependence; and
(b) to amend an outdated reference to the
Pounds Act 1958.
1
]
Drugs, Poisons and Controlled Substances Amendment Act 2012
No.
of 2012
s. 2
2 Commencement
(1) This Act, except sections 4, 5 and 6, comes into
operation on 8 November 2012.
(2) Subject to subsection (3), sections 4, 5 and 6 come
into operation on a day or days to be proclaimed.
(3) If a provision specified in subsection (2) does not
come into operation before 1 September 2013, it
comes into operation on that day.
3 Principal Act
See:
Act No.
9719.
Reprint No. 9
as at
1 July 2010
and
amending
Act Nos
39/2010,
43/2010,
64/2010,
29/2011,
41/2011,
43/2011,
51/2011,
14/2012 and
27/2012.
LawToday:
www.
legislation.
vic.gov.au
In this Act, the Drugs, Poisons and Controlled
Substances Act 1981 is called the Principal Act.
4 Setting of poison baits
(1) In section 52(3) of the Principal Act omit
"within the meaning of the Pounds Act 1958".
(2) After section 52(3) of the Principal Act insert—
"(4) For the purposes of subsection (3), cattle
includes any horse, mare, gelding, colt, filly,
foal, bull, cow, ox, steer, heifer, calf, ram,
ewe, sheep, lamb, ass, mule, goat or pig.".
2
Drugs, Poisons and Controlled Substances Amendment Act 2012
No.
of 2012
s. 5
5 Part 1 of Schedule Eleven amended—other synthetic
substances
In Part 1 of Schedule Eleven to the Principal Act,
the item relating to "4-HYDROXYBUTANOIC
ACID (GHB)" is repealed.
6 Part 3 of Schedule Eleven amended—other synthetic
substances
(1) In Part 3 of Schedule Eleven to the Principal Act,
after the item relating to "AMPHETAMINE"
insert—
"1-BENZYLPIPERAZINE
(also known as BZP)
7500 g
10 kg
1000 g
5000 g
300 g
30 g
-
075 g".
(2) In Part 3 of Schedule Eleven to the Principal Act,
after the item relating to "BUPRENORPHINE"
insert—
"1,4-BUTANEDIOL (also known
as 1,4-BD) (except for a lawful
industrial purpose and not for
human consumption)
-
-
-
20 kg
-
500 g
-
100 g".
(3) In Part 3 of Schedule Eleven to the Principal Act,
after the item relating to "EPHEDRINE (when in
excess of 10.0 g)" insert—
"GAMMA BUTYROLACTONE (also known as GBL) (except for a
lawful industrial purpose and not
for human consumption)
-
-
20 kg
-
500 g
-
100 g".
(4) In Part 3 of Schedule Eleven to the Principal
Act, after the item relating to "HARMINES
(not included elsewhere in this Part)" insert—
"4-HYDROXYBUTANOIC
ACID (also known as GHB)
-
-
-
20 kg
-
500 g
-
100 g".
(5) In Part 3 of Schedule Eleven to the
Principal Act, after the item relating to
"3,4-METHYLENEDIOXY-NMETHYLAMPHETAMINE (MDMA)" insert—
"3,47500 g
METHYLENEDIOXYPYROVAL
ERONE (also known as MDPV)
10 kg
1000 g
5000 g
300 g
30 g
-
075 g
4-METHYLMETHCATHINONE
(also known as 4-MMC)
10 kg
1000 g
5000 g
300 g
30 g
-
075 g".
7500 g
3
Drugs, Poisons and Controlled Substances Amendment Act 2012
No.
of 2012
s. 7
7 Part 3 of Schedule Eleven amended—synthetic
cannabinoids
In Part 3 of Schedule Eleven to the Principal Act,
after the item relating to "TRESTOLONE"
insert—
"The following SYNTHETIC
CANNABINOIDS
-
-
-
-
-
-
-
-
(1-(5-FLUOROPENTYL)-3(2-IODOBENZOYL)INDOLE)
(common name AM-694)
-
100 kg
-
10 kg
-
30 g
-
10 g
2-[(1R,3S)-3HYDROXYCYCLOHEXYL]-5(2-METHYLNONAN-2YL)PHENOL (common names
cannibicyclohexanol and
CP 47,497 C8 homologue)
-
100 kg
-
10 kg
-
30 g
-
10 g
2-[(1R,3S)-3HYDROXYCYCLOHEXYL]-5(2-METHYLOCTAN-2YL)PHENOL (common name CP
47,497)
-
100 kg
-
10 kg
-
30 g
-
10 g
2-(2-METHOXYPHENYL)-1(1-PENTYLINDOL-3YL)ETHANONE (common name
JWH-250)
-
100 kg
-
10 kg
-
30 g
-
10 g
(1-(2-MORPHOLIN-4YLETHYL)INDOL-3-YL)NAPHTHALEN-1YLMETHANONE
(common name JWH-200)
-
100 kg
-
10 kg
-
30 g
-
10 g
NAPHTHALEN-1-YL(1-BUTYLINDOL-3YL)METHANONE
(common name JWH-073)
-
100 kg
-
10 kg
-
30 g
-
10 g
1-PENTYL-3-(4-METHYL1-NAPHTHOYL)INDOLE
(common name JWH-122)
-
100 kg
-
10 kg
-
30 g
-
10 g
1-PENTYL-3(1-NAPHTHOYL)INDOLE
(common name JWH-018)
-
100 kg
-
10 kg
-
30 g
-
10 g
The following classes of
SYNTHETIC CANNABINOIDS
-
-
-
-
-
-
-
-
3-BENZOYLINDOLES with any
modification on the indole
nitrogen, whether or not further
modified on the indole or phenyl
rings (other than a substance
included elsewhere in this Part)
-
100 kg
-
10 kg
-
30 g
-
10 g
3-PHENYLACETYLINDOLES
with any modification on the
indole nitrogen, whether or not
further modified on the indole or
phenyl rings (other than a
substance included elsewhere in
this Part)
-
100 kg
-
10 kg
-
30 g
-
10 g
4
Drugs, Poisons and Controlled Substances Amendment Act 2012
No.
of 2012
s. 8
6,6-DIMETHYL-6HDIBENZO[b,d]-PYRANS
with any modification at the
3-position by alkyl or alkenyl,
whether or not further modified on
the cyclic rings, and whether or
not the cyclic rings are partially or
fully hydrogenated
-
100 kg
-
10 kg
-
30 g
-
10 g
2(3-HYDROXYCYCLOHEXYL)PHENOLS with any modification
at the 5-position of the phenolic
ring, whether or not further
modified on the cyclohexyl ring
(other than a substance included
elsewhere in this Part)
-
100 kg
-
10 kg
-
30 g
-
10 g
3-(1-NAPHTHOYL)INDOLES
with any modification on the
indole nitrogen, whether or not
further modified on the indole,
naphthoyl or naphthyl rings
(other than a substance included
elsewhere in this Part)
-
100 kg
-
10 kg
-
30 g
-
10 g
3(1-NAPHTHYLMETHANE)IND
OLES with any modification on
the indole nitrogen, whether or not
further modified on the indole,
naphthoyl or naphthyl rings
-
100 kg
-
10 kg
-
30 g
-
10 g
3-(1-NAPHTHOYL)PYRROLES
with any modification on the
pyrrole nitrogen, whether or not
further modified on the pyrrole or
naphthoyl rings
-
100 kg
-
10 kg
-
30 g
-
10 g
1(1-NAPHTHYLMETHYLENE)IN
DENES with any modification at
the 3-position of the indene ring,
whether or not further modified on
the indene or naphthyl rings
-
100 kg
-
10 kg
-
30 g
-
10 g".
8 Repeal of amending Act
This Act is repealed on 1 September 2014.
Note
The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
═══════════════
5
Drugs, Poisons and Controlled Substances Amendment Act 2012
No.
of 2012
Endnotes
ENDNOTES
†
Minister's second reading speech—
Legislative Assembly:
Legislative Council:
The long title for the Bill for this Act was "A Bill for an Act to amend the
Drugs, Poisons and Controlled Substances Act 1981 to provide for
certain substances to be drugs of dependence and to make a technical
amendment to that Act and for other purposes."
By Authority. Government Printer for the State of Victoria.
6