Drugs, Poisons and Controlled
Substances Further Amendment Bill
2014
Introduction Print
EXPLANATORY MEMORANDUM
Clause Notes
PART 1—PRELIMINARY
Clause 1
sets out the main purpose of the Bill which is to amend the
Drugs, Poisons and Controlled Substances Act 1981 (the
Principal Act)—

to provide for a licence to be issued under Division 4 of
Part II in respect of a mobile facility in certain
circumstances; and

to further provide for the terms and conditions that
apply to licences, permits or warrants issued under
Division 4 of Part II; and

to replace the definition of Commonwealth standard
with the new definition of Poisons Standard; and

to make other minor consequential amendments.
Clause 2
provides for the provisions of the Bill to come into operation on a
day or days to be proclaimed or, on 1 September 2015 if not
proclaimed before that date.
Clause 3
provides that in this Bill the Principal Act is the Drugs, Poisons
and Controlled Substances Act 1981.
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BILL LA INTRODUCTION 18/8/2014
PART 2—LICENCES, PERMITS AND WARRANTS
Clause 4
sets out the definitions of mobile facility, mobile facility licence
and mobile facility location for inclusion in section 4(1) of the
Principal Act.
Mobile facility is defined for the purpose of a mobile facility
licence, to mean a trailer or vehicle that is suitably fitted out or
containing equipment and apparatus for the purpose of the
manufacture of perishable pest animal bait that is a Schedule 7
poison.
Mobile facility licence is defined to mean a licence issued under
section 19(6) of the Principal Act. A mobile facility licence is a
new type of licence inserted by clause 5(4) of the Bill. A mobile
facility licence is issued for the purpose of authorising the mobile
manufacture of perishable pest animal bait that is a Schedule 7
poison.
Mobile facility location is defined to mean a location where the
manufacture, sale or supply of a perishable pest animal bait that
is a Schedule 7 poison authorised under a mobile facility licence
is carried out.
Clause 5
subclause (1) inserts a new subclause (3A) into section 19 of the
Principal Act. Under section 19(3) of the Principal Act the
Secretary may issue a licence, permit or warrant subject to such
terms, conditions, limitations and restrictions as the Secretary
may determine.
New clause19(3A)(a) provides in addition to the powers under
section 19(3) of the Principal Act for the Secretary's powers with
respect to the matter that may be the subject of a condition in a
licence, permit or warrant. This includes that a licence, permit or
warrant be issued subject to a condition requiring the licence
holder to comply with any document, code, standard, guideline,
rule, method or specification formulated, issued, prepared,
prescribed or published by any person or body.
The insertion of new clause 19(3A)(b) provides that a licence,
permit or warrant may be issued subject to a condition requiring a
licence holder to hold a licence, permit or warrant issued under
any Victorian law or Commonwealth law.
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Clause 5(2) amends section 19(4) of the Principal Act by limiting
the application of this provision to licences, permits or warrants
other than mobile facility licences. The amendment is required
because the limitation in section 19(4) of the Principal Act that
provides that a licence, permit or warrant, other than a mobile
facility licence, cannot be issued for premises in more than one
locality, will not apply to a mobile facility licence.
New section 19(7) will provide that a mobile facility licence
relates to the period the mobile facility is located at a mobile
facility location. This is required because a mobile facility may
travel to and from a number of mobile facility locations as well
as being parked at a permanent fixed address specified on the
mobile facility licence, but is only authorised to manufacture, sell
or supply perishable pest animal baits while located at a mobile
facility location.
Clause 5(3) amends section 19(5) of the Principal Act by
extending the application of section 19(5) to a mobile facility.
Section 19(5) of the Principal Act provides that the Secretary
must not issue a licence, permit or warrant unless the Secretary is
satisfied that an applicant's premises are sanitary and suitable for
the manufacture, sale, supply or use of poisons.
Clause 5(4) inserts new section 19(6) into the Principal Act
which authorises the Secretary to issue a licence to a person in
respect of a mobile facility.
Clause 5(4) also inserts new section 19(7) into the Principal Act,
which sets out the particular characteristics of a mobile facility
licence. A mobile facility licence—

relates to the mobile facility licence during the period it
is located at a mobile facility location; and

is personal to the licence holder and not transferable to
another person; and

is subject to the condition that the licence holder ensures
the mobile facility is parked at a permanent fixed
address as specified in the mobile facility licence during
any period that the mobile facility is not travelling to or
from or located at a mobile facility location; and
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
is subject to the condition that the mobile facility is
registered under the Road Safety Act 1986 and
identified by a number plate bearing a registration
number; and

may be issued in respect of one or more mobile facilities
if the mobile facilities are usually parked at the same
permanent address as specified in the licence.
The purpose of this amendment is to reflect the features for the
proposed mobile manufacturing of perishable pest animal bait
and assist with the location of a mobile facility for the purpose of
monitoring compliance with the Act and the conditions of the
mobile facility licence.
Clause 6
Subclause (1) makes a licence that authorises a person to do
certain things under section 20(1) of the Principal Act subject to
new section 20(2) of the Principal Act.
Subclause (3) inserts new section 20(2) into the Principal Act,
which sets out all or any of the activities a person is authorised to
do pursuant to a mobile facility licence.
New section 20(2)(a) provides that a mobile facility licence
authorises a person to manufacture and sell or supply by
wholesale any perishable pest animal bait that is a Schedule 7
poison (other than a Schedule 7 poison included in the Poisons
Code in the list of substances that are for general sale by retail) at
a mobile facility location to which the mobile facility licence
relates.
New section 20(2)(b) reflects the same wording as new section
20(2)(a) with respect to the manufacture, sale and supply of
perishable pest animal bait except provides for these activities to
occur by retail.
Clause 7
amends section 22B of the Principal Act, which provides that the
Secretary may require premises to be inspected under the Act
before issuing, renewing or amending a licence. The purpose of
this amendment is to extend the Secretary's authority to require a
mobile facility to be inspected on the same basis as premises
under the Act.
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Clause 8
amends section 22C(1)(e) of the Principal Act which currently
provides the basis on which the Secretary may suspend or cancel
a licence, permit or warrant.
The purpose of this amendment is to extend the application of
this provision to the holder of a mobile facility licence for a
mobile facility.
Clause 9
amends section 132(p) of the Principal Act which currently
provides that the Governor in Council may make regulations for
or with respect to the inspection of premises, stocks books and
any other documents relating to poisons or controlled substances
to include the power to make regulations with respect to the
inspection of mobile facilities.
PART 3—POISONS STANDARD
Clause 10 inserts a definition of Poisons Standard and repeals the
definition of Commonwealth standard in section 4(1) of the
Principal Act. The purpose of this amendment is for clarity and
consistency so that the terminology in the Act is consistent with
the terminology applied in the Therapeutic Goods Act 1989 of
the Commonwealth.
As a consequence of the insertion of the new definition of
Poisons Standard, clause 10(2) substitutes the term Poisons
Standard for Commonwealth standard, wherever the term
occurs in section 4(1) of the Principal Act.
Clause 11 substitutes the term Poisons Standard for Commonwealth
standard wherever the term occurs in section 12(2) of the
Principal Act as a consequence of the insertion of the new
definition of Poisons Standard.
Clause 12 substitutes the term Poisons Standard for Commonwealth
standard wherever the term occurs in section 12A of the
Principal Act as a consequence of the insertion of the new
definition of Poisons Standard.
Clause 13 substitutes the term Poisons Standard for Commonwealth
standard wherever the term occurs in section 12B of the
Principal Act as a consequence of the insertion of the new
definition of Poisons Standard.
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Clause 14 inserts a new section heading to section 12D of the Principal Act
and substitutes the term Poisons Standard for Commonwealth
standard wherever the term occurs in section 12D of the
Principal Act.
Clause 15 substitutes the term Poisons Standard for Commonwealth
standard wherever the term occurs in section 12E of the
Principal Act.
Clause 16 substitutes the term Poisons Standard for Commonwealth
standard wherever the term occurs in section 12H of the
Principal Act.
Clause 17 substitutes the term Poisons Standard for Commonwealth
standard in section 12K of the Principal Act.
Clause 18 repeals redundant section 13(2B) of the Principal Act.
Clause 19 substitutes the term Poisons Standard for Commonwealth
standard wherever the term occurs in section 27A of the
Principal Act.
Clause 20 substitutes the term Poisons Standard for Commonwealth
standard where the term occurs in section 29(2) of the Principal
Act.
PART 4—OTHER AMENDMENTS
Clause 21 substitutes the reference in section 80I(b) of the Principal Act to
the Therapeutic Goods (Victoria) Act 1994 with a reference to
the Therapeutic Goods (Victoria) Act 2010.
The purpose of this amendment is to accurately reflect the
Victorian statute book as the 2010 Act has superseded the 1994
Act.
Clause 22 amends section 119 of the Principal Act so that the evidentiary
provisions under section 244 of the Health Practitioner
Regulation National Law apply for the purposes of legal
proceedings under the Act with respect to establishing the
registration status of a registered medical practitioner, registered
Chinese medicine practitioner, registered Chinese herbal
dispenser, dentist, pharmacist, registered podiatrist, registered
optometrist, nurse practitioner, registered nurse or registered
midwife.
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Clause 23 substitutes the term Poisons Standard for Commonwealth
standard where the term occurs in the regulation making powers
under section 132(zca) of the Principal Act as a consequence of
the insertion of the new definition of Poisons Standard.
Clause 24 substitutes the term Poisons Standard for Commonwealth
standard where the term occurs in section 133A(1) of the
Principal Act.
PART 5—REPEAL OF AMENDING ACT
Clause 25 provides for the automatic repeal of this amending Act on 1
September 2016.
The repeal of this Act does not affect in any way the continuing
operation of the amendments made by this Act (see section 15(1)
of the Interpretation of Legislation Act 1984).
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