Drugs, Poisons and Controlled Substances Further
Amendment Act 2014
No. 75 of 2014
TABLE OF PROVISIONS
Section
Page
PART 1—PRELIMINARY
1
2
3
1
Purpose
Commencement
Principal Act
1
2
2
PART 2—LICENCES, PERMITS AND WARRANTS
4
5
6
7
8
9
Definitions
Issue of licences, permits and warrants
What a licence, permit or warrant can authorise
Inspection
Suspension or cancellation
General regulations
PART 3—POISONS STANDARD
10
11
12
13
14
15
16
17
18
19
20
3
3
5
5
6
6
7
Definitions
Poisons Code
The Poisons List
Requirements for labelling and other matters
Incorporation of the Commonwealth standard
Amendment of Code
Tabling before Parliament
Commencement of Poisons Code and incorporated materials
Persons authorized to have possession etc. of poisons or
controlled substances
Offences concerning labelling and other matters
Sale of substances in unauthorised containers
PART 4—OTHER AMENDMENTS
21
22
23
24
3
Application of Part
Evidentiary
General regulations
Exemption from regulatory impact statement procedure
i
7
8
8
8
8
9
10
10
10
10
11
12
12
12
13
13
Section
Page
PART 5—REPEAL OF AMENDING ACT
25
Repeal of amending Act
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ENDNOTES
14
14
15
ii
Victoria
Drugs, Poisons and Controlled
Substances Further Amendment Act
2014†
No. 75 of 2014
[Assented to 21 October 2014]
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1 Purpose
The main purpose of this Act is to amend the
Drugs, Poisons and Controlled Substances Act
1981—
(a) to provide for a licence to be issued under
Division 4 of Part II in respect of a mobile
facility in certain circumstances; and
1
Drugs, Poisons and Controlled Substances Further Amendment Act 2014
No. 75 of 2014
Part 1—Preliminary
s. 2
(b) to further provide for the terms and
conditions that apply to licences, permits or
warrants issued under Division 4 of Part II;
and
(c) to replace the definition of Commonwealth
standard with the new definition of Poisons
Standard; and
(d) to make other minor and consequential
amendments.
2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
operation before 1 September 2015, it comes into
operation on that day.
3 Principal Act
See:
Act No.
9719.
Reprint No. 10
as at
30 November
2012
and
amending
Act Nos
57/2012,
82/2012,
70/2013,
9/2014,
13/2014,
37/2014 and
47/2014.
LawToday:
www.
legislation.
vic.gov.au
In this Act, the Drugs, Poisons and Controlled
Substances Act 1981 is called the Principal Act.
__________________
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Drugs, Poisons and Controlled Substances Further Amendment Act 2014
No. 75 of 2014
Part 2—Licences, Permits and Warrants
PART 2—LICENCES, PERMITS AND WARRANTS
4 Definitions
In section 4(1) of the Principal Act insert the
following definitions—
"mobile facility means a trailer or vehicle suitably
fitted out or containing equipment and
apparatus for the manufacture, sale and
supply of a perishable pest animal bait that is
a Schedule 7 poison to which a mobile
facility licence relates;
mobile facility licence means a licence issued
under section 19(6);
mobile facility location means 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;".
5 Issue of licences, permits and warrants
(1) After section 19(3) of the Principal Act insert—
"(3A) Without limiting subsection (3), a licence,
permit or warrant may be subject to a
condition requiring the holder to—
(a) comply with any document, code,
standard, guideline, rule, method or
specification formulated, issued,
prepared, prescribed or published by
any person or body; or
(b) hold any other licence, permit or
warrant issued under any law of
Victoria or under any law of the
Commonwealth.".
(2) In section 19(4) of the Principal Act, for "A
licence" substitute "Unless a licence is a mobile
facility licence, a licence".
3
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Drugs, Poisons and Controlled Substances Further Amendment Act 2014
No. 75 of 2014
s. 5
Part 2—Licences, Permits and Warrants
(3) In section 19(5) of the Principal Act, after
"applicant's premises" insert "or mobile facility
(as the case requires)".
(4) After section 19(5) of the Principal Act insert—
"(6) The Secretary may issue a licence to a
person in respect of a mobile facility.
(7) A mobile facility licence—
(a) relates to the mobile facility during the
period the mobile facility is located at a
mobile facility location; and
(b) is personal to the licence holder and is
not transferable to another person; and
(c) in addition to any conditions imposed
under subsection (3) or (3A), is subject
to the following conditions—
(i) that the licence holder ensures
each mobile facility is parked at a
permanent fixed address specified
in the licence during any period
that the mobile facility is not
travelling to or from, or located at,
a mobile facility location; and
(ii) that the mobile facility is
registered under the Road Safety
Act 1986 and identified by a
number plate bearing a
registration number; and
(d) may be issued in respect of one or more
mobile facilities if those mobile
facilities are usually parked at the
permanent fixed address specified in
the licence.".
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Drugs, Poisons and Controlled Substances Further Amendment Act 2014
No. 75 of 2014
Part 2—Licences, Permits and Warrants
6 What a licence, permit or warrant can authorise
(1) In section 20(1) of the Principal Act, for "A
licence authorises" substitute "Subject to
subsection (2), a licence authorises".
(2) In section 20(1)(f) of the Principal Act, for
"poison;" substitute "poison.".
(3) After section 20(1) of the Principal Act insert—
"(2) A mobile facility licence authorises a person
to do all or any of the following—
(a) 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 not for general sale
by retail) at a mobile facility location to
which the mobile facility licence
relates;
(b) to manufacture and sell or supply by
retail 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 not for general sale by retail) at
a mobile facility location to which the
mobile facility licence relates.".
(4) In section 20(3A)(a) of the Principal Act after
"(ba)," insert "(bb), (bc),".
7 Inspection
In section 22B of the Principal Act—
(a) after "the premises" insert "or the mobile
facility";
(b) after "inspected" insert "(as the case
requires)".
5
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Drugs, Poisons and Controlled Substances Further Amendment Act 2014
No. 75 of 2014
s. 8
Part 2—Licences, Permits and Warrants
8 Suspension or cancellation
In section 22C(1)(e) of the Principal Act, after
"premises" insert "or the mobile facility (as the
case requires)".
9 General regulations
In section 132(p) of the Principal Act, after
"premises" insert "mobile facilities".
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Drugs, Poisons and Controlled Substances Further Amendment Act 2014
No. 75 of 2014
Part 3—Poisons Standard
PART 3—POISONS STANDARD
10 Definitions
(1) In section 4(1) of the Principal Act insert the
following definition—
"Poisons Standard means the current Poisons
Standard within the meaning of the
Therapeutic Goods Act 1989 of the
Commonwealth;".
(2) In section 4(1) of the Principal Act—
(a) the definition of Commonwealth standard is
repealed;
(b) in the definition of Schedule 2 Poison for
"Commonwealth standard" substitute
"Poisons Standard";
(c) in the definition of Schedule 3 Poison for
"Commonwealth standard" substitute
"Poisons Standard";
(d) in the definition of Schedule 4 Poison for
"Commonwealth standard" substitute
"Poisons Standard";
(e) in the definition of Schedule 5 Poison for
"Commonwealth standard" substitute
"Poisons Standard";
(f) in the definition of Schedule 6 Poison for
"Commonwealth standard" substitute
"Poisons Standard";
(g) in the definition of Schedule 7 Poison for
"Commonwealth standard" substitute
"Poisons Standard";
(h) in the definition of Schedule 8 Poison for
"Commonwealth standard" substitute
"Poisons Standard";
7
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Drugs, Poisons and Controlled Substances Further Amendment Act 2014
No. 75 of 2014
s. 11
Part 3—Poisons Standard
(i) in the definition of Schedule 9 Poison for
"Commonwealth standard" substitute
"Poisons Standard".
11 Poisons Code
In section 12(2) of the Principal Act—
(a) in paragraph (b) for "Commonwealth
standard" substitute "Poisons Standard";
(b) in paragraph (c) for "Commonwealth
standard" substitute "Poisons Standard".
12 The Poisons List
(1) In section 12A(1)(b) of the Principal Act, for
"Commonwealth standard" (where twice
occurring) substitute "Poisons Standard".
(2) In section 12A(1)(c) of the Principal Act, for
"Commonwealth standard" substitute "Poisons
Standard".
(3) In section 12A(3) of the Principal Act—
(a) in paragraph (b) for "Commonwealth
standard" substitute "Poisons Standard";
(b) in paragraph (c) for "Commonwealth
standard" substitute "Poisons Standard".
(4) In section 12A(4) of the Principal Act, for
"Commonwealth standard" substitute "Poisons
Standard".
13 Requirements for labelling and other matters
In section 12B of the Principal Act, for
"Commonwealth standard" substitute "Poisons
Standard".
14 Incorporation of the Commonwealth standard
(1) Insert the following heading to section 12D of the
Principal Act—
"Incorporation of the Poisons Standard".
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Drugs, Poisons and Controlled Substances Further Amendment Act 2014
No. 75 of 2014
Part 3—Poisons Standard
(2) In section 12D(1) of the Principal Act, for
"Commonwealth standard" substitute "Poisons
Standard".
(3) In section 12D(2) of the Principal Act, for
"Commonwealth standard" substitute "Poisons
Standard".
(4) In section 12D(3) of the Principal Act, for
"Commonwealth standard" substitute "Poisons
Standard".
(5) In section 12D(4) of the Principal Act, for
"Commonwealth standard" substitute "Poisons
Standard".
15 Amendment of Code
(1) In section 12E(1) of the Principal Act—
(a) in paragraph (a)(ii), for "Commonwealth
standard" substitute "Poisons Standard";
(b) in paragraph (b), for "Commonwealth
standard" substitute "Poisons Standard";
(c) in paragraph (b)(ii), for "Commonwealth
standard" substitute "Poisons Standard";
(d) in paragraph (c), for "Commonwealth
standard" substitute "Poisons Standard";
(e) in paragraph (d), for "Commonwealth
standard; or" substitute "Poisons Standard.";
(f) paragraph (e) is repealed.
(2) In section 12E(1A) of the Principal Act, for
"Commonwealth standard" substitute "Poisons
Standard".
(3) In section 12E(1D)(a) of the Principal Act, for
"Commonwealth standard" substitute "Poisons
Standard".
9
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No. 75 of 2014
s. 16
Part 3—Poisons Standard
16 Tabling before Parliament
(1) In section 12H(2) of the Principal Act, for
"Commonwealth standard" substitute "Poisons
Standard".
(2) In section 12H(3) of the Principal Act, for
"Commonwealth standard" substitute "Poisons
Standard".
17 Commencement of Poisons Code and incorporated
materials
In section 12K(2) of the Principal Act, for
"Commonwealth standard" substitute "Poisons
Standard".
18 Persons authorized to have possession etc. of poisons
or controlled substances
Section 13(2B) of the Principal Act is repealed.
19 Offences concerning labelling and other matters
(1) In section 27A(1)(b) of the Principal Act, for
"Commonwealth standard" substitute "Poisons
Standard".
(2) In section 27A(1A)(b) of the Principal Act, for
"Commonwealth standard" substitute "Poisons
Standard".
(3) In section 27A(2A)(a) and (b) of the Principal
Act, for "Commonwealth standard" substitute
"Poisons Standard".
(4) In section 27A(3A) of the Principal Act, for
"Commonwealth standard" substitute "Poisons
Standard".
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Drugs, Poisons and Controlled Substances Further Amendment Act 2014
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Part 3—Poisons Standard
20 Sale of substances in unauthorised containers
In section 29(2) of the Principal Act, for
"Commonwealth standard" substitute "Poisons
Standard".
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Drugs, Poisons and Controlled Substances Further Amendment Act 2014
No. 75 of 2014
s. 21
Part 4—Other Amendments
PART 4—OTHER AMENDMENTS
21 Application of Part
In section 80I(b) of the Principal Act, for
"Therapeutic Goods (Victoria) Act 1994"
substitute "Therapeutic Goods (Victoria) Act
2010".
22 Evidentiary
In section 119 of the Principal Act—
(a) for paragraph (a) substitute—
"(a) the production of a copy of the
Government Gazette containing the
register as last published in relation to
the time in question of veterinary
practitioners is, if the name of the
accused does not appear in the register,
prima facie evidence that the person is
not a veterinary practitioner;";
(b) for paragraph (b) substitute—
"(b) a certificate referred to in section 244
of the Health Practitioner Regulation
National Law is, if it states any person
is or is not or was or was not on a
certain date or for a certain period 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,
prima facie evidence of the facts stated
in the certificate;";
(c) paragraphs (c) and (d) are repealed.
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Drugs, Poisons and Controlled Substances Further Amendment Act 2014
No. 75 of 2014
Part 4—Other Amendments
23 General regulations
In section 132(zca) of the Principal Act, for
"Commonwealth Standard" substitute "Poisons
Standard".
24 Exemption from regulatory impact statement
procedure
In section 133A(1) of the Principal Act, for
"Commonwealth standard" substitute "Poisons
Standard".
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Drugs, Poisons and Controlled Substances Further Amendment Act 2014
No. 75 of 2014
Part 5—Repeal of Amending Act
s. 25
PART 5—REPEAL OF AMENDING ACT
25 Repeal of amending Act
This Act is repealed on 1 September 2016.
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).
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Drugs, Poisons and Controlled Substances Further Amendment Act 2014
No. 75 of 2014
Endnotes
ENDNOTES
†
Minister's second reading speech—
Legislative Assembly: 20 August 2014
Legislative Council: 17 September 2014
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 in relation to
certain licences, to make other miscellaneous and consequential
amendments and for other purposes."
15