Drugs, Poisons and Controlled Substances
Amendment (Continued Dispensing) Regulations
2013
S.R. No. 107/2013
TABLE OF PROVISIONS
Regulation
Page
1
2
3
4
5
Objective
Authorising provisions
Principal Regulations
Definitions
Pharmacist administration, sale or supply authorised from
within Victoria
6
New Regulation 15A inserted
15A
Minister may approve supply without prescription
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ENDNOTES
i
1
1
1
2
2
3
3
4
STATUTORY RULES 2013
S.R. No. 107/2013
Drugs, Poisons and Controlled Substances Act 1981
Drugs, Poisons and Controlled Substances
Amendment (Continued Dispensing) Regulations
2013
The Governor in Council makes the following Regulations:
Dated: 27 August 2013
Responsible Minister:
DAVID DAVIS
Minister for Health
YVETTE CARISBROOKE
Clerk of the Executive Council
1 Objective
The objective of these Regulations is to amend the
Drugs, Poisons and Controlled Substances
Regulations 2006 to provide for a pharmacist to
supply Schedule 4 poisons listed in the National
Health (Continued Dispensing) Determination
2012 without a prescription subject to certain
conditions.
2 Authorising provisions
These Regulations are made under sections 129,
132, 132A and 132B of the Drugs, Poisons and
Controlled Substances Act 1981.
3 Principal Regulations
In these Regulations, the Drugs, Poisons and
Controlled Substances Regulations 20061 are
called the Principal Regulations.
1
Drugs, Poisons and Controlled Substances Amendment (Continued
Dispensing) Regulations 2013
r. 4
S.R. No. 107/2013
4 Definitions
In regulation 4 of the Principal Regulations insert
the following definition—
"National Health (Continued Dispensing)
Determination 2012 means the legislative
instrument made under section 89A(3) of the
National Health Act 1953 of the
Commonwealth as formulated or published
from time to time;".
5 Pharmacist administration, sale or supply
authorised from within Victoria
After regulation 15(2) of the Principal Regulations
insert—
"(3) Despite subregulation (1), if a pharmacist
considers it necessary to ensure continuity of
treatment of a person, he or she may supply a
Schedule 4 poison to a person without a
prescription once within a 12 month period if
the pharmacist is satisfied that—
(a) the Schedule 4 poison is listed in the
National Health (Continued
Dispensing) Determination 2012; and
(b) the conditions in Part 2 of the National
Health (Continued Dispensing)
Determination 2012 are met; and
(c) the Minister has approved the
Schedule 4 poison as suitable for
supply under regulation 15A.".
2
Drugs, Poisons and Controlled Substances Amendment (Continued
Dispensing) Regulations 2013
S.R. No. 107/2013
6 New Regulation 15A inserted
After regulation 15 of the Principal Regulations
insert—
"15A Minister may approve supply without
prescription
(1) For the purposes of regulation 15(3) the
Minister may, by notice published in the
Government Gazette, approve a Schedule 4
poison as suitable for supply.
(2) An approval notice under subregulation (1)
takes effect—
(a) on the date of publication of the
approval notice in the Government
Gazette; or
(b) on a later date specified in the notice.".
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3
r. 6
Drugs, Poisons and Controlled Substances Amendment (Continued
Dispensing) Regulations 2013
Endnotes
S.R. No. 107/2013
ENDNOTES
1
Reg. 3: S.R. No. 57/2006. Reprint No. 1 as at 16 June 2011. Reprinted to
S.R. No. 131/2010. Subsequently amended by S.R. Nos 136/2012
and 50/2013.
——
Table of Applied, Adopted or Incorporated Matter
The following table of applied, adopted or incorporated matter is included in
accordance with the requirements of regulation 5 of the Subordinate Legislation
Regulations 2004.
Statutory rule
provision
Title of applied, adopted or
incorporated document
Matter in
applied,
adopted or
incorporated
document
Regulation 5
National Health (Continued
Dispensing) Determination
2012, made under the
National Health Act 1953 of
the Commonwealth
The whole
4