Drugs, Poisons and Controlled Substances
Amendment Act 2014
No. 9 of 2014
TABLE OF PROVISIONS
Section
Page
PART 1—PRELIMINARY
1
2
1
Purpose
Commencement
1
2
PART 2—DRUG ANALOGUES
3
3
Definitions
3
PART 3—DECLARED TESTING FACILITIES AND
AUTHORISATION OF PERSONS
4
5
6
7
8
Definitions
Persons authorized to have possession etc. of poisons or
controlled substances
Amendment of heading to Division 13A of Part II
New section 44C inserted
44C
Other authorised persons
New Part VIA inserted
5
PART VIA—DECLARED TESTING FACILITIES
7
97
98
7
7
Declared testing facilities
Supply of things to declared testing facility
PART 4—FORFEITURE OF SEIZED ITEMS IF
INFRINGEMENT NOTICE SERVED
9
10
11
12
5
Seizure of cannabis water pipes, bong components or bong
kits
Retention and return of seized items
Magistrates' Court may extend 3 month period
Forfeiture and destruction of seized items
i
5
5
6
6
7
9
9
9
10
10
Section
Page
PART 5—AMENDMENT OF SCHEDULE ELEVEN
13
14
15
16
17
Part 1 of Schedule Eleven amended
Part 3 of Schedule Eleven amended—ketamine
Part 3 of Schedule Eleven amended—synthetic cannabinoids
Part 3 of Schedule Eleven amended—classes of synthetic
cannabinoids
Part 3 of Schedule Eleven amended—other synthetic
substances
PART 6—REPEAL OF ACT
18
12
12
12
12
13
13
15
Repeal
15
═══════════════
ENDNOTES
16
ii
Victoria
Drugs, Poisons and Controlled
Substances Amendment Act 2014†
No. 9 of 2014
[Assented to 25 February 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 extend the meaning of drug of
dependence to include analogues of certain
drugs; and
1
Drugs, Poisons and Controlled Substances Amendment Act 2014
No. 9 of 2014
s. 2
Part 1—Preliminary
(b) to allow Victoria Police to provide drugrelated exhibits and samples to authorised
external laboratories in Victoria or other
States and Territories; and
(c) to enable cannabis water pipes, bong
components and bong kits to be forfeited to
the Crown and destroyed by Victoria Police
where an infringement notice has been
issued to a person for displaying, selling or
commercially supplying the seized item; and
(d) to include certain substances as drugs of
dependence.
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 2014, it comes into
operation on that day.
__________________
2
Drugs, Poisons and Controlled Substances Amendment Act 2014
No. 9 of 2014
Part 2—Drug Analogues
s. 3
PART 2—DRUG ANALOGUES
3 Definitions
(1) In section 4(1) of the Drugs, Poisons and
Controlled Substances Act 1981 in the definition
of drug of dependence—
(a) in paragraph (d)—
(i) after "the salts," insert "analogues,";
(ii) for "those derivatives" substitute
"those analogues, derivatives";
(b) in paragraph (e)(ii) after "salts," insert
"analogues,";
(c) in paragraph (e)(iii) for "any derivative"
substitute "any analogue, derivative".
(2) In section 4(1) of the Drugs, Poisons and
Controlled Substances Act 1981 insert the
following definitions—
"analogue, of a drug specified in column 1 of
Part 1 or column 1 of Part 3 of Schedule
Eleven, means a substance, however
obtained, that is—
(a) a structural modification of the drug
obtained in one or more of the
following ways—
(i) by the replacement of one or more
of its functional groups with
another;
(ii) by the replacement of up to 2 ring
structures with any other ring
structure;
(iii) by the addition of hydrogen atoms
to one or more unsaturated bonds;
or
(b) a homologue of the drug; or
3
See:
Act No.
9719.
Reprint No. 10
as at
30 November
2012
and
amending
Act Nos
57/2012 and
82/2012.
LawToday:
www.
legislation.
vic.gov.au
Drugs, Poisons and Controlled Substances Amendment Act 2014
No. 9 of 2014
s. 3
Part 2—Drug Analogues
(c) a derivative or isomer of a substance
referred to in paragraph (a) or (b)—
but does not include a substance that is itself
specified in column 1 of Part 1 or column 1
of Part 3 of Schedule Eleven;
functional group, of a drug, means any of the
following where attached to an oxygen,
nitrogen, sulphur, phosphorous or carbon
atom of the drug—
(a) an aryl, alkoxy, cyclic diether,
carbonyl, acyl, carboxylic acid,
acyloxy, alkylamino or dialkylamino
group with up to 6 carbon atoms in any
alkyl residue;
(b) an alkyl, alkenyl or alkynyl group with
up to 6 carbon atoms in the group;
(c) a hydroxy, nitro or amino group;
(d) a hydrogen atom;
(e) a halogen;".
__________________
4
Drugs, Poisons and Controlled Substances Amendment Act 2014
No. 9 of 2014
Part 3—Declared Testing Facilities and Authorisation of Persons
PART 3—DECLARED TESTING FACILITIES AND
AUTHORISATION OF PERSONS
4 Definitions
In section 4(1) of the Drugs, Poisons and
Controlled Substances Act 1981 insert the
following definition—
"declared testing facility means a facility declared
by the Chief Commissioner of Police under
section 97;".
5 Persons authorized to have possession etc. of poisons
or controlled substances
After section 13(1)(b) of the Drugs, Poisons and
Controlled Substances Act 1981 insert—
"(baa) any person employed or engaged by a
declared testing facility is hereby authorised
to possess a drug of dependence, a poison or
controlled substance or any other thing that
has been supplied to the declared testing
facility under section 98 to the extent that the
possession is required for the purpose for
which the drug of dependence, poison or
controlled substance or thing has been
supplied to the facility; and
(bab) any person who is authorised under
section 44C is hereby authorised to obtain
and possess a drug of dependence, a poison
or controlled substance or any other thing in
accordance with that authorisation; and".
6 Amendment of heading to Division 13A of Part II
In the heading to Division 13A of Part II of the
Drugs, Poisons and Controlled Substances Act
1981, after "Employees" insert "and other
authorised persons".
5
s. 4
Drugs, Poisons and Controlled Substances Amendment Act 2014
No. 9 of 2014
s. 7
Part 3—Declared Testing Facilities and Authorisation of Persons
7 New section 44C inserted
After section 44B of the Drugs, Poisons and
Controlled Substances Act 1981 insert—
"44C Other authorised persons
(1) The Chief Commissioner of Police may
authorise a person or a class of person to
obtain and possess a substance or thing
specified in section 98(1) for one or both of
the following purposes—
(a) supplying the substance or thing to a
declared testing facility in accordance
with an authorisation under section 98;
or
(b) returning the substance or item to
Victoria Police from a declared testing
facility.
(2) To the extent necessary to carry out the
specified purpose, an authorisation under
subsection (1) authorises a person to—
(a) receive, handle or store the substance or
thing;
(b) transfer, transport or deliver the
substance or thing.
(3) An authorisation under subsection (1) must
be in writing.
(4) An authorisation under subsection (1) may—
(a) be expressed to apply generally or to a
specified substance or thing; and
(b) be expressed to be in force—
(i) for a period specified in the
authority; or
(ii) for an indefinite period; and
6
Drugs, Poisons and Controlled Substances Amendment Act 2014
No. 9 of 2014
Part 3—Declared Testing Facilities and Authorisation of Persons
(c) be subject to any conditions specified in
the authority.".
8 New Part VIA inserted
After Part VI of the Drugs, Poisons and
Controlled Substances Act 1981 insert—
"PART VIA—DECLARED TESTING
FACILITIES
97 Declared testing facilities
(1) The Chief Commissioner of Police, by notice
published in the Government Gazette, may
declare a facility to be a declared testing
facility.
(2) A copy of a notice under subsection (1) must
be posted on the website of the Victoria
Police.
(3) A declaration under subsection (1) may be
made in respect of a facility located within
Victoria or in another State or a Territory.
(4) A declaration under subsection (1) is subject
to any conditions specified in the notice
regarding the possession, handling, storage
and security of substances and items
supplied to the facility under section 98.
98 Supply of things to declared testing
facility
(1) Subject to subsection (3), for the purposes
specified in subsection (2), the Chief
Commissioner of Police may authorise the
supply to a declared testing facility of a thing
that is, or is suspected of being—
(a) a drug of dependence or a substance
that contains a drug of dependence; or
(b) a poison or controlled substance; or
7
s. 8
Drugs, Poisons and Controlled Substances Amendment Act 2014
No. 9 of 2014
s. 8
Part 3—Declared Testing Facilities and Authorisation of Persons
(c) an instrument, device or substance that
is or has been used or is capable of
being used for or in the cultivation,
manufacture, sale or use or in the
preparation for cultivation,
manufacture, sale or use of a drug of
dependence.
(2) The purposes for which the Chief
Commissioner of Police may authorise the
supply of a thing to a declared testing facility
are—
(a) substance profiling; and
(b) analytical testing; and
(c) research.
(3) The Chief Commissioner of Police must not
authorise the supply to a declared testing
facility outside Victoria of a thing referred to
in subsection (1) unless satisfied that the
possession of the thing by a person
employed or engaged by the declared testing
facility is permitted under the laws of the
jurisdiction in which the facility is located.
(4) If a thing has been supplied to a declared
testing facility under this section, the person
in charge of the facility must arrange for the
thing to be returned to, or collected by, the
Victoria Police as soon as practicable after
the purpose for which it was supplied has
been carried out.
(5) Subsection (4) does not apply to a thing, or
part of a thing, that has been destroyed in the
process of carrying out the purpose for which
it has been supplied.
__________________".
__________________
8
Drugs, Poisons and Controlled Substances Amendment Act 2014
No. 9 of 2014
Part 4—Forfeiture of Seized Items if Infringement Notice Served
PART 4—FORFEITURE OF SEIZED ITEMS IF
INFRINGEMENT NOTICE SERVED
9 Seizure of cannabis water pipes, bong components
or bong kits
At the end of section 80ZA of the Drugs, Poisons
and Controlled Substances Act 1981 insert—
"(2) If a member of the police force serves an
infringement notice on a person for an
offence against section 80U(1), (2) or (3),
80V(1), (2) or (3) or 80W(1), (2) or (3), the
member of the police force may seize from
the person any cannabis water pipe, bong
component or bong kit to which the offence
relates.".
10 Retention and return of seized items
(1) In section 80ZB(1) and (2) of the Drugs, Poisons
and Controlled Substances Act 1981 for
"this Part" substitute "section 80ZA(1)".
(2) After section 80ZB(2) of the Drugs, Poisons and
Controlled Substances Act 1981 insert—
"(3) If a member of the police force seizes a
cannabis water pipe, bong component or
bong kit under section 80ZA(2), a member
of the police force must take reasonable steps
to return the seized item to the person on
whom the infringement notice is served if—
(a) a member of the police force withdraws
the infringement notice without—
(i) referring the matter for which the
infringement notice has been
served to the Magistrates' Court
under section 17(1) of the
Infringements Act 2006; or
9
s. 9
Drugs, Poisons and Controlled Substances Amendment Act 2014
No. 9 of 2014
s. 11
Part 4—Forfeiture of Seized Items if Infringement Notice Served
(ii) filing a charge-sheet and summons
in the Children's Court for the
matter of the infringement offence
to be dealt with; or
(iii) serving, on that person, an official
warning (within the meaning of
the Infringements Act 2006) in
place of the infringement notice;
or
(b) the Magistrates' Court cancels the
infringement notice under section 38 of
the Infringements Act 2006; or
(c) the Children's Court cancels the
infringement notice under clause 16 of
Schedule 3 to the Children, Youth and
Families Act 2005; or
(d) the matter of the infringement notice is
heard and determined in the
Magistrates' Court or the Children's
Court without an order under
section 80ZE being made.".
11 Magistrates' Court may extend 3 month period
In section 80ZC(1) of the Drugs, Poisons and
Controlled Substances Act 1981 for "this Part"
substitute "section 80ZA(1)".
12 Forfeiture and destruction of seized items
(1) In section 80ZD(1) of the Drugs, Poisons and
Controlled Substances Act 1981 for "this Part"
substitute "that section".
(2) After section 80ZD(1) of the Drugs, Poisons and
Controlled Substances Act 1981 insert—
"(1A) Despite anything to the contrary in
Division 5 of Part 2 of the Infringements
Act 2006, any cannabis water pipe, bong
component or bong kit that a member of the
10
Drugs, Poisons and Controlled Substances Amendment Act 2014
No. 9 of 2014
Part 4—Forfeiture of Seized Items if Infringement Notice Served
police force has seized under section
80ZA(2) is forfeited to the Crown if the
person on whom the infringement notice has
been served expiates that offence by
payment of the infringement penalty in
accordance with that Act.".
(3) In section 80ZD(2) of the Drugs, Poisons and
Controlled Substances Act 1981 after
"subsection (1)" insert "or (1A)".
__________________
11
s. 12
Drugs, Poisons and Controlled Substances Amendment Act 2014
No. 9 of 2014
Part 5—Amendment of Schedule Eleven
s. 13
PART 5—AMENDMENT OF SCHEDULE ELEVEN
13 Part 1 of Schedule Eleven amended
In Part 1 of Schedule Eleven of the Drugs,
Poisons and Controlled Substances Act 1981
the item relating to "4-BROMO-2,5DIMETHOXYPHENETHYLAMINE (NEXUS)"
is repealed.
14 Part 3 of Schedule Eleven amended—ketamine
In Part 3 of Schedule Eleven of the Drugs,
Poisons and Controlled Substances Act 1981
for the item relating to "KETAMINE"
substitute—
"KETAMINE
7500 g
10 kg
1000 g
5000 g
300 g
30 g
-
075 g".
15 Part 3 of Schedule Eleven amended—synthetic
cannabinoids
In Part 3 of Schedule Eleven of the Drugs,
Poisons and Controlled Substances Act 1981
after the item relating to
"1-PENTYL-3-(1-NAPHTHOYL)INDOLE"
insert—
"(1-PENTYLINDOL-3-YL)(2,2,3,3TETRAMETHYLCYCLOPROP
YL) METHANONE (UR-144)
-
100 kg
-
10 kg
-
30 g
-
1·0 g
(1-(5FLUOROPENTYL)INDOL-3YL)-(2,2,3,3TETRAMETHYLCYCLOPROP
YL)METHANONE (XLR-11)
-
100 kg
-
10 kg
-
30 g
-
1·0 g
N-(1-ADAMANTYL)-1PENTYLINDAZOLE-3CARBOXAMIDE (AKB48 OR
APINACA)
-
100 kg
-
10 kg
-
30 g
-
1·0 g
N-(1-FENCHYL)-1-(2MORPHOLINOETHYL)-7METHOXYINDOLE-3CARBOXAMIDE (UR-12)
-
100 kg
-
10 kg
-
30 g
-
1·0 g
1-(5-FLUOROPENTYL)INDOLE-3-CARBOXYLIC
ACID 8-QUINOLINYL ESTER
(5F-PB-22)
-
100 kg
-
10 kg
-
30 g
-
1·0 g".
12
Drugs, Poisons and Controlled Substances Amendment Act 2014
No. 9 of 2014
Part 5—Amendment of Schedule Eleven
s. 16
16 Part 3 of Schedule Eleven amended—classes of
synthetic cannabinoids
In Part 3 of Schedule Eleven of the Drugs,
Poisons and Controlled Substances Act 1981
after the item relating to
"1-(1-NAPHTHYLMETHYLENE)INDENES"
insert—
"(INDOL-3-YL)-(2,2,3,3TETRAALKYLCYCLOPROPYL)
METHANONES with any
modification on the indole
nitrogen, whether or not further
modified on the indole ring
-
100 kg
-
10 kg
-
30 g
-
1·0 g
3-(1-ADAMANTOYL)INDOLES with any modification
on the indole nitrogen, whether or
not further modified on the indole
or adamantane ring
100 kg
-
10 kg
-
30 g
-
1·0 g
N-(1-ADAMANTYL)INDAZOLE-3CARBOXAMIDES with any
modification on the indazole
nitrogen, whether or not further
modified on the indazole or
adamantane ring
-
100 kg
-
10 kg
-
30 g
-
1.0 g
N-(1-FENCHYL)-INDOLE-3CARBOXAMIDES with any
modification on the indole
nitrogen, whether or not further
modified on the indole or
fenchane ring
-
100 kg
-
10 kg
-
30 g
-
1·0 g
INDOLE-3-CARBOXYLIC
ACID, QUINOLINYL ESTERS
with any modification on the
indole nitrogen, whether or not
further modified on the indole or
quinolinyl ring
-
100 kg
-
10 kg
-
30 g
-
1·0 g".
17 Part 3 of Schedule Eleven amended—other synthetic
substances
Before the note at the end of Part 3 of
Schedule Eleven of the Drugs, Poisons and
Controlled Substances Act 1981 insert—
"The following SYNTHETIC
SUBSTANCES
4-BROMO-2,5DIMETHOXYPHENETHYLAMI
NE (2C-B / NEXUS)
750·0 g
1·0 kg
100·0 g
500·0 g
30·0 g
3·0 g
-
0·75 g
4-CHLORO-2,5DIMETHOXYPHENETHYLAMI
NE (2C-C)
750·0 g
1·0 kg
100·0 g
500·0 g
30·0 g
3·0 g
-
0·75 g
13
Drugs, Poisons and Controlled Substances Amendment Act 2014
No. 9 of 2014
s. 17
Part 5—Amendment of Schedule Eleven
2,5-DIMETHOXY-4IODOPHENETHYLAMINE
(2C-I)
750·0 g
1·0 kg
100·0 g
500·0 g
30·0 g
3·0 g
-
0·75 g
2,5-DIMETHOXY-4FLUOROPHENETHYLAMINE
(2C-F)
750·0 g
1·0 kg
100·0 g
500·0 g
30·0 g
3·0 g
-
0·75 g
2,5DIMETHOXYPHENETHYLAMI
NE (2C-H)
750·0 g
1·0 kg
100·0 g
500·0 g
30·0 g
3·0 g
-
0·75 g
METHOXETAMINE
750·0 g
1·0 kg
100·0 g
500·0 g
30·0 g
3·0 g
-
0·75 g
alphaPYRROLIDINOVALEROPHENO
NE (ALPHA-PVP)
750·0 g
1·0 kg
100·0 g
500·0 g
30·0 g
3·0 g
-
0·75 g
5AMINOPROPYLBENZOFURAN
(5-APB)
750·0 g
1·0 kg
100·0 g
500·0 g
30·0 g
3·0 g
-
0·75 g
6AMINOPROPYLBENZOFURAN
(6-APB)
750·0 g
1·0 kg
100·0 g
500·0 g
30·0 g
3·0 g
-
0·75 g
METHYLHEXANAMINE
(DMAA)
750·0 g
1·0 kg
100·0 g
500·0 g
30·0 g
3·0 g
-
0·75 g
METHYLONE
750·0 g
1·0 kg
100·0 g
500·0 g
30·0 g
3·0 g
-
0·75 g
PENTYLONE
750·0 g
1·0 kg
100·0 g
500·0 g
30·0 g
3·0 g
-
0·75 g
ETHYLONE
750·0 g
1·0 kg
100·0 g
500·0 g
30·0 g
3·0 g
-
0·75 g
BUTYLONE
750·0 g
1·0 kg
100·0 g
500·0 g
30·0 g
3·0 g
-
0·75 g
PENTADRONE
750·0 g
1·0 kg
100·0 g
500·0 g
30·0 g
3·0 g
-
0·75 g
DIMETHOCAINE
750·0 g
10 kg
250.0 g
500·0 g
30·0 g
30 g
-
1·0 g
N-(2-METHOXYBENZYL)-2,5DIMETHOXY-4IODOPHENETHYLAMINE (25INBOMe)
750·0 g
1·0 kg
100·0 g
500·0 g
30·0 g
3·0 g
-
0·75 g
N-(2-METHOXYBENZYL)-4BROMO-2,5DIMETHOXYPHENETHYLAMI
NE (25B-NBOMe)
750·0 g
1·0 kg
100·0 g
500·0 g
30·0 g
3·0 g
-
0·75 g
N-(2-METHOXYBENZYL)-4CHLORO-2,5DIMETHOXYPHENETHYLAMI
NE (25C-NBOMe)
750·0 g
1·0 kg
100·0 g
500·0 g
30·0 g
3·0 g
-
0·75 g
N-(2-METHOXYBENZYL)-2,5DIMETHOXY-4FLUOROPHENETHYLAMINE
(25F-NBOMe)
750·0 g
1·0 kg
100·0 g
500·0 g
30·0 g
3·0 g
-
0·75 g
N-(2-METHOXYBENZYL)-2,5DIMETHOXYPHENETHYLAMI
NE (25H-NBOMe)
750·0 g
1·0 kg
100·0 g
500·0 g
30·0 g
3·0 g
-
0·75 g".
__________________
14
Drugs, Poisons and Controlled Substances Amendment Act 2014
No. 9 of 2014
Part 6—Repeal of Act
PART 6—REPEAL OF ACT
18 Repeal
This Act is repealed on 1 September 2015.
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).
═══════════════
15
s. 18
Drugs, Poisons and Controlled Substances Amendment Act 2014
No. 9 of 2014
Endnotes
ENDNOTES
†
Minister's second reading speech—
Legislative Assembly: 16 October 2013
Legislative Council: 12 December 2013
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 and for other
purposes."
16