Drugs Poisons And Controlled Substances Act 1981-Books Pdf

Drugs Poisons and Controlled Substances Act 1981
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Section Page,Division 2 Authorized persons 39, 13 Persons authorized to have possession etc of poisons or. controlled substances 39, 13A Chinese medicine practitioners and herbal dispensers must. establish therapeutic need 44, 14 Restrictions on authorisations for certain health practitioners 45. 14A Minister to approve scope of prescribing rights or supply of. poisons 47,Division 3 Poisons Advisory Committee 49. 15 Establishment and membership of Poisons Advisory Committee 49. 15A Terms and conditions of appointment 50,15B Resignation and removal 51.
15C Vacancies 51,15D Quorum and proceedings 51,15E Co opted members 52. 16 Sub committees 52,17 Functions of the Committee 53. 18 Officers of committee 54,Division 4 Licences permits and warrants 54. 18A Definitions 54,19 Issue of licences permits and warrants 54. 20 What a licence permit or warrant can authorise 55. 21 Duration of a licence permit or warrant 57,22 Renewal of licences and permits 57.
22A Amendment 58,22B Inspection 58,22C Suspension or cancellation 58. Division 5 Public health emergencies 59, 22D When a public health emergency order may be made 59. 22E Matters to be specified in a public health emergency order 60. 22F What a public health emergency order authorises 60. 22G Extending amending and revoking orders 61, 22H Orders under this Division to be published in Government. Gazette 61,Divisions 6 7 Repealed 61, Division 8 Manufacture and sale of poisons or controlled. substances 62, 23 Manufacture sale and supply of poisons or controlled.
substances by wholesale 62,24 Wholesaling of certain poisons 62. 25 Repealed 62, 26 Retailing of poisons or controlled substances 63. Section Page, 27 Sale of poisons or controlled substances by persons other than. manufacturers etc 63, 27A Offences concerning labelling and other matters 63. 28 House to house sale of poisons or controlled substances. prohibited 65, 29 Sale of substances in unauthorised containers 66.
30 Vending machines for poisons or controlled substances 66. Division 9 Repealed 67, Division 10 Drugs of dependence Schedule 8 poisons Schedule 9. poisons and Schedule 4 poisons 68,Subdivision 1 Introductory matters and records 68. 31 Definitions 68, 32 Record keeping in relation to sale or supply of drugs of. addiction 69, Subdivision 2 Notification of drug dependent person 70. 33 Notification of drug dependent person 70,Subdivision 3 Schedule 9 poisons 71.
33A Application for permit to administer supply or prescribe. Schedule 9 poisons 71,33B Schedule 9 permit 71, 33C Offence not to comply with Schedule 9 permit 72. 33D Offence to administer Schedule 9 poisons without permit 72. Subdivision 4 Schedule 8 poisons 73,34 Requirement to apply for Schedule 8 permit 73. 34A Schedule 8 permit 74, 34B Offence to administer etc Schedule 8 poisons to drug. dependent person 74, 34C Offence to administer etc Schedule 8 poisons to person who. is not a drug dependent person 75, 34D Exception to Schedule 8 permit requirement specified.
medical conditions 76, 34E Exceptions to Schedule 8 permit requirement multiple. practitioners at medical clinic 77, 34F Exception to Schedule 8 permit requirement patients in. prisons aged care services and hospitals 78, 35 Offence not to comply with Schedule 8 permit 79. Subdivision 5 General 79,35A Secretary may specify medical conditions 79. 35B Composite forms 80, 36 Obligations of pharmacists in relation to dispensing of drugs 80.
Section Page,36A Forgery 81, 36B Unauthorized possession etc of poison or controlled. substance etc 81, Division 10A Administration of medication in aged care services 82. 36C Effect of this Division 82,36D Definitions 82, 36E Administration of drugs of dependence Schedule 9 poisons. Schedule 8 poisons and Schedule 4 poisons in aged care. services 83, 36F Registered nurse to have regard to code or guideline 84. Division 11 Appeals 84,37 Appeals 84,Division 12 Sale of poisons book 84.
38 Record of sale of poisons 84,38A Authorised possession of certain poisons 85. 39 Repealed 85, 40 Sale or supply of poisons or controlled substances to persons. under age 85,Division 13 Authorized officers 85, 41 Secretary may authorize person to carry out functions of. authorized officer 85,42 Inspections 86, 43 Duties of officers in relation to seized substances 87. 44 Persons who are liable for contravention of Act 88. Division 13A Authorised Police Employees 91, 44A Chief Commissioner may authorise person to carry out.
functions of authorised police employee 91, 44B Powers duties and functions of authorised police employee 92. Division 14 Offences 92,45 Time within which charge sheet to be filed 92. 46 Offences 92,47 Maximum sentence etc 93,48 Offence to receive certain moneys etc 93. 49 Obtaining licence by fraud 94, 50 Immunity of authorized officers and authorised police. employees 94,51 Repealed 94,Division 15 Poison baits 94.
52 Setting of poison baits 94,53 Regulations 98,Section Page. Division 16 Poisons in roads and waterways 98,54 Special regulations 98. Division 17 Prohibition of poisons or controlled substances 99. 55 Prohibiting sale or supply of poisons or controlled substances 99. PART III MANUFACTURE OF HEROIN 101,56 Manufacture of heroin etc 101. PART IV DELETERIOUS SUBSTANCES AND SEARCH,SEIZURE AND DETENTION POWERS RELATING TO. VOLATILE SUBSTANCES 105,Division 1 Deleterious substances 105.
57 Definitions 105,58 Sale of deleterious substances 106. 59 Matters to which this Part does not apply 107,60 Evidence 107. Division 2 Volatile substances 108,60A Purpose of Division 108. 60B Police to take into account the best interests of person under. 18 years of age 108, 60C Where can police powers under this Division be exercised 109. 60D Police may use reasonable force 109, 60E Police may search person under 18 years of age without.
warrant 109, 60F Search of person irrespective of age without warrant 110. 60G Before search police to identify self 110, 60H Before search police to give information and request. production of substance or item 111, 60I Request for explanation before seizure of volatile substances. and items used to inhale volatile substances 112, 60J Seizure of volatile substances and items used to inhale when. explanation given 112, 60K Seizure of volatile substances and items used to inhale when.
no explanation given 113,60L Apprehension and detention 113. 60M How long may a person be detained and where 115. 60N Return of seized or produced volatile substances and items. used to inhale volatile substances 116, 60O Disposal or making safe of volatile substances and items. used to inhale volatile substances 117,60P Forfeiture to Crown 118. Section Page, 60Q Records concerning searches seizure receipt or disposal of. property apprehensions and detentions 118,60R Person may request record 120.
60S Chief Commissioner to report on actions under this Division 121. 60T Regulations 123,PART IVA AUTHORITIES FOR LOW THC CANNABIS 124. Division 1 Authorities for low THC cannabis 124,61 Definitions 124. 62 Application for authority to cultivate and process low THC. cannabis 126,63 Secretary must investigate application 127. 64 Matters to be considered in determining applications 128. 65 Determination of applications 129,66 Terms and conditions of authorities 129. 67 Renewal of authorities 130,68 Authority not transferable 131.
69 Amendment of authorities 131,69A Suspension or cancellation 131. 69B Review by VCAT 132,69C Offence to fail to comply with authority 132. 69D Catchment and Land Protection Act does not apply 133. Division 2 Inspection and enforcement 133,69E Inspectors under this Part 133. 69F General powers of inspectors 134,69G Inspector may order harvest or treatment 135. 69H Inspector has power to detain or seize 135, 69I What happens if an inspector detains or seizes plants crops.
or products 136, 69J Appeal to Secretary if disposal or destruction ordered 137. 69K Offences relating to inspector s exercise of power 138. 69L Inspector may possess cannabis for purposes of this Part 138. Division 3 Regulations under this Part 138,69M Regulations 138. PART V DRUGS OF DEPENDENCE AND RELATED,MATTERS 141. 70 Definitions 141, 71 Trafficking in a drug or drugs of dependence large. commercial quantity 152,71AA Trafficking in a drug or drugs of dependence.
commercial quantity 153, 71AB Trafficking in a drug of dependence to a child 153. Section Page,71AC Trafficking in a drug of dependence 153. 71A Possession of substance material documents or equipment. for trafficking in a drug of dependence 153,71B Supply of drug of dependence to a child 154. 71C Possession of tablet press 155,71D Possession of precursor chemicals 155. 72 Cultivation of narcotic plants large commercial quantity 155. 72A Cultivation of narcotic plants commercial quantity 156. 72B Cultivation of narcotic plants 156, 72C Defence to prosecution for offences involving cultivation 156.
73 Possession of a drug of dependence 157, 74 Introduction of a drug of dependence into the body of another. person 158,75 Use of drug of dependence 158, 76 Adjourned bonds to be given in certain cases 159. 77 Forging prescriptions and orders for drugs of dependence 163. 78 Obtaining drugs of dependence etc by false representation 164. 79 Conspiring 165,80 Aiding and abetting etc 165,PART VA COCAINE KITS 168. Division 1 Cocaine kits 168,80A What is a cocaine kit 168. 80B Offence to display a cocaine kit in a retail outlet 168. 80C Offence to sell a cocaine kit 169,Division 2 Enforcement 169.
80D Seizure of cocaine kits 169, 80E Retention and return of seized cocaine kits 169. 80F Magistrates Court may extend 3 month period 170. 80G Forfeiture and destruction of seized cocaine kits 171. 80H Court may order forfeiture to the Crown 171,PART VB PRECURSOR CHEMICALS AND APPARATUS 172. Division 1 Preliminary 172,80I Application of Part 172. Division 2 Category 1 precursor chemicals 172,80J Supply of category 1 precursor chemicals 172. 80K Storage of category 1 precursor chemicals 173, Division 3 Category 2 precursor chemicals and category 3.
precursor apparatus 174,80L Supply of category 2 precursor chemicals 174. 80M Supply of category 3 precursor apparatus 175,Section Page. Division 4 Transaction records 175,80N End user declarations to be kept 175. 80O Record of supply category 1 precursor chemical 176. 80P Record of supply category 2 precursor chemical 177. 80Q Record of supply of category 3 precursor apparatus 178. 80R Police may inspect records 178,80S Offence not to produce records 179. PART VI SEARCH SEIZURE AND FORFEITURE 180,81 Warrant to search premises 180.
81A Notice that seized thing or document is being held for. purposes of Confiscation Act 1997 186, 81B Application for tainted property to be held or retained return. of warrant to court 186,81C Court may make direction 187. 81D Notice of direction under section 81C 187, 81E Effect of directions under sections 81 1A and 81C 188. 82 Search without warrant 188, 83 Forfeiture of drug of dependence or substance before. conviction 189,84 89 Repealed 191,90 Appeals 192, 91 Destruction of drugs of dependence health and safety.
interests 193,92 Delegated police officers 195, 93 Certificate and report to be provided to Chief Commissioner. of Police 195,94 Request for copies 196, 95 Director Police Integrity to inspect and report 197. 96 Annual reports 198,97 101 Repealed 198,PART VII PROCEEDINGS 199. 102 Identity of seller of substances 199,103 Offences by corporations 199. 104 Burden of proof 200,105 109 Repealed 200,PART VIII Repealed 200.
110 117 Repealed 200,Section Page,PART IX EVIDENTIARY 201. 118 List of licences and permits 201,119 Evidentiary 202. 120 Analyst s etc certificates 203,121 Evidentiary effect of certain statements 206. 122 Proof that a substance is poison etc 206, 122A Evidence of market value of drugs of dependence 207. 123 General offence 208,PART X Repealed 209,124 128 Repealed 209.
PART XI REGULATIONS 210,129 Regulations 210,130 Construction of section 129 213. 131 Regulations as to regulated poisons 213,132 General regulations 215. 132A Regulations may incorporate other documents 220. 132B Scope of regulations 220, 133 Strict compliance with prescribed forms not necessary 221. 133A Exemption from regulatory impact statement procedure 222. PART XII TRANSITIONAL PROVISIONS 223,134 References 223. 135 Instruments to continue 225, 135A Transitional provisions Drugs Poisons and Controlled.
Substances Amendment Act 1994 225,136 Continuity of Poisons Advisory Committee 226. 137 Transitional provisions Drugs Poisons and Controlled. Substances Amendment Act 2001 226, 138 Refund of licence fee in relation to Schedule 5 poisons and. Schedule 6 poisons 226, 139 Transitional provisions relating to licences Drugs Poisons. and Controlled Substances and Therapeutic Goods,Victoria Acts Amendment Act 2004 227. 140 Transitional provisions Drugs Poisons and Controlled. Substances Amendment Act 2006 228,141 Drug Rehabilitation and Research Fund 231.
142 Transitional provisions Drugs Poisons and Controlled. Substances Amendment Act 2008 231,Section Page,SCHEDULES 233. SCHEDULES 1 9 Repealed 233,SCHEDULE 10 Search Warrant 234. SCHEDULE 11 238, SCHEDULE 12 Statements of Strength of Preparations 247. ENDNOTES 249,1 General Information 249,2 Table of Amendments 250. 3 Explanatory Details 263,Version No 091,Drugs Poisons and Controlled Substances.
No 9719 of 1981, Version incorporating amendments as at 24 August 2010. An Act to re enact with Amendments the Law relating to Drugs. Poisons and Controlled Substances to amend the Health Act. 1958 and the Crimes Act 1958 and for other purposes. BE IT ENACTED by the Queen s Most Excellent Majesty by. and with the advice and consent of the Legislative Council. and the Legislative Assembly of Victoria in this present. Parliament assembled and by the authority of the same as. follows that is to say,1 Short title and commencement. 1 This Act may be cited as the Drugs Poisons and,Controlled Substances Act 1981. 2 The several provisions of this Act shall come into. operation on a day or on the respective days to be. fixed by proclamation or successive proclamations,of the Governor in Council published in the. Government Gazette,amended by,ss 5 2 a 6 2,repealed by.
No 101 1986,Drugs Poisons and Controlled Substances Act 1981. No 9719 of 1981,Part I Introductory and Transitional. PART I INTRODUCTORY AND TRANSITIONAL,2 Repeals and revocations. 1 The Acts and enactments mentioned in the table to. this subsection to the extent to which they are,therein expressed to be repealed are hereby. repealed accordingly,Number Amendment or,of Act Title of Act Repeal.
6889 Poisons Act 1962 So much as has not,already been. 7065 Statute Law Revision Items in Schedule,Act 1963 relating to the. Poisons Act 1962,7588 Poisons Amendment The whole,7703 Abolition of Item in Schedule. Bailiwicks Act 1968 relating to the,Poisons Act 1962. 8181 Statute Law Revision Item in Schedule,Act 1971 relating to the.
Poisons Act 1962,8233 Poisons Amendment The whole,8247 Crimes Powers of Item in Schedule. Arrest Act 1972 relating to the,Poisons Act 1962,8266 Poisons Amendment The whole. 8287 Dentists Act 1972 Section 45 2,8424 Medical Practitioners Section 12. Amendment Act,8456 Poisons Fees Act The whole,Drugs Poisons and Controlled Substances Act 1981. No 9719 of 1981,Part I Introductory and Transitional.
Number Amendment or,of Act Title of Act Repeal,8961 Poisons Drugs of The whole. Addiction Act 1977,9023 Health Commission Item 16 of Part A of. Act 1977 Schedule One,9294 Poisons Amendment The whole. 9427 Statute Law Revision Item in Third,Act 1980 Schedule relating to. the Poisons Act,9576 Crimes Classification Item in the.
of Offences Act 1981 Schedule relating to,the Poisons Act. 2 All proclamations made under the Poisons Act,1962 and amending any of the Schedules to that. Act are revoked,repealed by,No 42 1993,2 On and from the commencement of this section in. any order proclamation regulation licence,permit warrant authority Order in Council or. other instrument or document made issued or,given under the Poisons Act 1962 before the.
commencement of this section and deemed to,have been made issued or given under this Act or. continued in force under this Act,a a reference to a pharmaceutical chemist shall. be deemed and taken to be a reference to a,pharmacist. Drugs Poisons and Controlled Substances Act 1981,No 9719 of 1981. Part I Introductory and Transitional,repealed by,No 42 1993.
repealed by,s 3 1 Sch 1, S 3 4 4 Subject to subsection 2 nothing in this Act shall. amended by, No 10087 affect the continuity of status operation or effect. s 3 1 Sch 1 of any permit issued under section 11 of the. Poisons Act 1962 before the commencement of,this section and in force immediately before that. commencement and that permit shall on and,from the date of commencement of this section be. deemed to have been issued under the provisions,of this Act that corresponds to section 11 of the.
Poisons Act 1962,repealed by,No 42 1993, 7 Except as is in this Act expressly or by necessary. implication provided,a all persons things and circumstances. appointed or created by or under the Poisons,Act 1962 or existing or continuing under that. Act immediately before the commencement,of this section shall under and subject to this. Act continue to have the same status,operation and effect as they respectively.
would have had if that Act had not been,repealed and. Drugs Poisons and Controlled Substances Act 1981,No 9719 of 1981. Part I Introductory and Transitional,b in particular and without limiting the. generality of paragraph a the repeal of the,Poisons Act 1962 shall not disturb the. continuity of status operation or effect of,any order proclamation regulation.
recommendation certificate proceeding,appointment notification writ summons. award judgment decree fee suspension,revocation renewal enquiry registration. document panel submission remuneration,approval disapproval refusal decision. report investigation requirement forfeiture,direction analysis examination liability or. right made effected issued granted given,instituted imposed accrued incurred or.
acquired or existing or continuing by or,under the repealed Act before the. commencement of this section,repealed by,No 42 1993. 4 Definitions, 1 In this Act unless inconsistent with the context or. subject matter, aged care service has the same meaning as it has S 4 1 def of. in the Aged Care Act 1997 of the service,Commonwealth inserted by.
No 17 2006,authorised police employee means S 4 1 def of. authorised,a a person authorised under section 44A employee. or inserted by,No 52 2006,b a person who is a member of a class of s 4.


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