DPCS Act (1981) PDF
DPCS Act (1981) PDF
DPCS Act (1981) PDF
110
Drugs, Poisons and Controlled Substances
Act 1981
No. 9719 of 1981
TABLE OF PROVISIONS
Section Page
1 Short title and commencement 1
Part IIntroductory and transitional 2
2 Repeals and revocations 2
3 Savings 3
4 Definitions 5
4A Act does not apply to certain processed products 28
5 Meaning of possession 29
6 Meaning of corresponding law 29
7 Act not to derogate from provisions of certain other Acts 31
8 References in other Acts 31
9 Revocation of proclamation etc. 32
11 Act to bind the Crown 32
Part IIPoisons and controlled substances 34
Division 1Classification 34
12 Poisons Code 34
12A The Poisons List 34
12B Requirements for labelling and other matters 36
12C What if the Poisons Code conflicts with the Act or
regulations? 36
12D Incorporation of the Poisons Standard 37
12E Amendment of Code 37
12F Status of the Poisons Code 39
12G Procedure for preparation of the Poisons Code 40
12H Tabling before Parliament 40
12I Availability of Code 41
12J What if documents are not notified or made available? 42
12K Commencement of Poisons Code and incorporated
materials 42
12L Evidence 43
36A Forgery 90
36B Unauthorized possession etc. of poison or controlled
substance etc. 90
Division 10AAdministration of medication in aged care services 91
36C Effect of this Division 91
36D Definitions 92
36E Administration of drugs of dependence, Schedule 9
poisons, Schedule 8 poisons and Schedule 4 poisons
in aged care services 92
36F Registered nurse to have regard to code or guideline 93
Division 11Appeals 93
37 Appeals 93
Division 12Sale of poisons book 94
38 Record of sale of poisons 94
38A Authorised possession of certain poisons 94
40 Sale or supply of poisons or controlled substances to
persons under age 94
Division 13Authorized officers 95
41 Secretary may authorize person to carry out functions of
authorized officer 95
42 Inspections 96
43 Duties of officers in relation to seized substances 97
44 Persons who are liable for contravention of Act 98
Division 13AAuthorised police employees and other authorised
persons 101
44A Chief Commissioner may authorise person to carry out
functions of authorised police employee 101
44B Powers, duties and functions of authorised police
employee 102
44C Other authorised persons 102
Division 14Offences 103
45 Time within which charge-sheet to be filed 103
46 Offences 104
47 Maximum sentence etc. 104
48 Offence to receive certain moneys etc. 105
49 Obtaining licence by fraud 105
50 Immunity of authorized officers and authorised police
employees 105
Extent of
Number Amendment or
of Act Title of Act Repeal
9023 Health Commission Item 16 of Part A of
Act 1977 Schedule One.
9294 Poisons (Amendment) The whole.
Act 1979
9427 Statute Law Revision Item in Third
Act 1980 Schedule relating to
the Poisons Act
1962.
9576 Crimes (Classification Item in the
of Offences) Act 1981 Schedule relating to
the Poisons Act
1962.
S. 3(2)(b) * * * * *
repealed by
No. 42/1993
s. 34.
S. 3(3) * * * * *
repealed by
No. 10087
s. 3(1)(Sch. 1
item 39).
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
aged care
in the Aged Care Act 1997 of the service
Commonwealth; inserted by
No. 17/2006
s. 3.
* * * * * S. 4(1) def. of
authorised
practitioner
inserted by
No. 18/2000
s. 96(1),
amended by
Nos 11/2002
s. 3(Sch. 1
item 16.1),
80/2004
s. 150(Sch. 2
item 2.1(a)),
repealed by
No. 97/2005
s. 178(1),
new def. of
authorised
practitioner
inserted by
No. 97/2005
s. 178(2),
repealed by
No. 13/2010
s. 35(1)(a).
(a) includes
(i) any form of that substance,
whether natural or synthetic; and
(ii) if specified in the regulations for
that category 1 precursor
chemical, the salts, derivatives and
isomers of that substance and any
salt of those derivatives and
isomers;
(b) despite the definition of substance in
this section, does not include that
substance when contained in or mixed
with another substance;
S. 4(1) def. of category 2 precursor chemical means a substance
category 2
precursor prescribed as a category 2 precursor
chemical chemical and
inserted by
No. 55/2009
s. 7.
(a) includes
(i) any form of that substance,
whether natural or synthetic; and
(ii) if specified in the regulations for
that category 2 precursor
chemical, the salts, derivatives and
isomers of that substance and any
salt of those derivatives and
isomers;
(b) despite the definition of substance in
this section, does not include that
substance when contained in or mixed
with another substance;
* * * * * S. 4(1) def. of
Chief General
Manager
inserted by
No. 10262 s. 4,
substituted by
No. 42/1993
s. 35(b),
repealed by
No. 46/1998
s. 7(Sch. 1).
* * * * * S. 4(1) def. of
Commission
repealed by
No. 10262 s. 4.
* * * * * S. 4(1) def. of
drug of
addiction
repealed by
No. 42/1993
s. 35(a).
* * * * * S. 4(1) def. of
medicinal
poison
repealed by
No. 42/1993
s. 35(a).
S. 4(1) def. of * * * * *
potent
substance
repealed by
No. 42/1993
s. 35(a).
S. 4(1) def. of * * * * *
veterinary
surgeon
repealed by
No. 58/1997
s. 96(Sch.
item 3.1).
wholesale means
(a) sale or supply for the purposes of
resale;
(b) sale or supply to a person for the
purposes of supply by that person to
another person; and
(c) sale or supply for the purposes of use in
connexion with a trade, business,
profession or industry;
wholesale dealer means a person who sells or
supplies by wholesale.
(2) A reference in this Act to manufacture does not
include a reference to the process of refining,
manipulating and mixing a poison or controlled
substance, where the process is carried out by a
pharmacist in the lawful practise of his profession
in
(a) premises used for sale by retail and S. 4(2)(a)
substituted by
registered under Part 3 of the Pharmacy No. 80/2004
Regulation Act 2010; or s. 150(Sch. 2
item 2.2),
amended by
Nos 97/2005
s. 182(Sch. 4
item 16.1(a)),
39/2010
s. 119(a).
* * * * * S. 11(3)
repealed by
No. 101/1986
s. 55(1)(b).
* * * * * S. 11(4)
repealed by
No. 10002
s. 5(2)(c).
* * * * * S. 12A(2)
repealed by
No. 74/2004
s. 7(2).
(1C) The Minister may, at any time, amend the Poisons S. 12E(1C)
Code to inserted by
No. 74/2004
(a) specify the substances to be included in the s. 8(2).
(1) The Poisons Code is not a statutory rule for the S. 12F(1)
amended by
purposes of the Subordinate Legislation No. 9/1998
Act 1994. s. 10(b).
16 Sub-committees S. 16
amended by
(1) The Committee may establish any sub-committees Nos 10262
that it thinks necessary for the purposes of this s. 4, 42/1993
s. 40(2)(a)(b),
Act. substituted by
No. 68/1996
(2) The Committee may co-opt any person with s. 13.
expertise in any relevant field for the purposes of
a sub-committee.
(3) A person co-opted under this section
(a) may only attend meetings relating to and
vote on the matters or issues in relation to
which he or she is co-opted; and
(b) may be removed at any time by the
Committee.
(4) A person co-opted to a sub-committee other than a S. 16(4)
amended by
person who is an employee of the public service, No. 46/1998
is entitled to receive the fees, travelling and other s. 7(Sch. 1).
Pt 2 Div. 4
(Heading and Division 4Licences, permits and warrants
s. 19)
amended by
Nos 10002
s. 16(d)(g),
10262 s. 4,
42/1993
s. 41(1)(a)
(d)(2)(a)(c),
substituted as
Pt 2 Div. 4
(Heading and
ss 1922C) by
No. 12/1994
s. 9.
* * * * * S. 20(1)(g)
repealed by
No. 9/1998
s. 4(1)(b).
permit.
(3) A renewed licence or permit lasts for 12 months
from the date of expiry of the previous licence or
permit.
* * * * * Pt 2 Div. 7
(Heading and
s. 22)
amended by
Nos 10002
s. 16(i)(i)(iii),
10262 s. 4,
42/1993
s. 43(a)(d),
repealed by
No. 12/1994
s. 9.
* * * * * S. 25
amended by
No. 10002
s. 16(l) (as
amended by
No. 25/1990
s. 4(2)(b)),
repealed by
No. 42/1993
s. 45(1).
person's premises;
(c) place or allow permit or suffer to be placed S. 30(1)(c)
amended by
any poison or controlled substance in any No. 20/2016
automatic machine on the person's premises s. 111.
Pt 2 Div. 10
Subdivision 1Introductory matters and records Subdiv. 1
(Heading and
new s. 31)
inserted by
No. 17/2008
s. 6.
31 Definitions New s. 31
inserted by
No. 17/2008
(1) In this Division s. 6.
hospital means
(a) a public hospital within meaning of the
Health Services Act 1988;
(b) a denominational hospital within the
meaning of that Act;
(c) a private hospital within the meaning of
that Act
but does not include a day procedure centre
within the meaning of that Act;
multiple-practitioner clinic means a clinic where
more than one registered medical practitioner
or nurse practitioner practises or is
employed;
notification of drug-dependent person means
notification required under section 33;
prison has the same meaning as it has in the
Corrections Act 1986;
Pt 2 Div. 10
Subdiv. 5 Subdivision 5General
(Heading)
inserted by
No. 17/2008
s. 10.
subsection (1) by
(i) adding or removing a medical condition
or amending the name of a medical
condition; or
(ii) adding or removing the circumstances
which apply to a medical condition or
amending the circumstances which
apply to a medical condition; or
(b) may revoke a notice made under
subsection (1).
35B Composite forms S. 35B
inserted by
No. 17/2008
For the purposes of this Division s. 12.
(a) the regulations may prescribe a composite
form which incorporates all or any of the
prescribed forms required by sections 33,
33A and 34; and
(b) a composite form is to be taken to be the
prescribed form under each of the sections
referred to in the form.
36 Obligations of pharmacists in relation to dispensing S. 36
amended by
of drugs Nos 10002
s. 4(k), 10262
Every pharmacist who is called upon to dispense s. 4, 42/1993
s. 47(7),
for any person greater quantities of or more 46/1998
frequently than appears to be reasonably s. 7(Sch. 1).
necessary any drug of dependence Schedule 8
poison, Schedule 9 poison or Schedule 4 poison
shall forthwith report the matter to the Secretary.
Pt 2 Div. 10A
Division 10AAdministration of medication (Heading and
in aged care services ss 36C36F)
inserted by
No. 17/2006
s. 4.
S. 36D def. of * * * * *
nurse
repealed by
No. 13/2010
s. 42(2).
S. 36D def. of * * * * *
Nurses Board
of Victoria
repealed by
No. 13/2010
s. 42(2).
Division 11Appeals
37 Appeals
(1) Any person who feels aggrieved by any refusal of S. 37(1)
amended by
the Secretary to issue or renew any licence or Nos 10262
permit or by any order of the Secretary cancelling s. 4, 16/1986
s. 30, 57/1989
suspending or revoking any licence or permit may s. 3(Sch.
appeal therefrom to the Magistrates' Court within item 59.1),
46/1998
six months after the refusal cancellation s. 7(Sch. 1).
suspension or revocation.
(2) The Court shall entertain inquire into and decide S. 37(2)
amended by
upon the appeal and its decision shall, save as Nos 16/1986
provided by the Administrative Law Act 1978, s. 30, 57/1989
s. 3(Sch. item
be final and conclusive. 59.2(a)(c)).
* * * * * S. 41(1)(b)
repealed by
No. 46/1998
s. 7(Sch. 1).
* * * * * S. 41(5)
repealed by
No. 10002
s. 5(2)(c).
42 Inspections
S. 42(1) (1) For the purpose of ascertaining whether the
amended by
No. 20/2016 provisions of this Act and the regulations or the
s. 115(1). Access to Medicinal Cannabis Act 2016 and
the regulations under that Act (other than any
provision that relates to a medicinal cannabis
cultivation licence or a medicinal cannabis
manufacturing licence) are being complied with
any authorized officer may with such assistance
as he thinks necessary at any reasonable time
(a) enter upon any premises occupied by any
person licensed or otherwise authorized by
or under this Act to have in his possession
any poison or controlled substance;
S. 42(1)(ab) (ab) enter upon any premises (other than
inserted by
No. 20/2016 residential premises) occupied by any
s. 115(2). person authorised by or under the Access
to Medicinal Cannabis Act 2016 or the
regulations under that Act (other than
any provision that relates to a medicinal
cannabis manufacturing licence) to have in
that person's possession medicinal cannabis,
or any medicinal cannabis product;
(b) examine any room or part of such premises
and any goods or records therein;
(c) take an account of any poisons or controlled
substances therein;
(d) on payment or tender of a reasonable price
demand select and obtain any sample of any
poison or controlled substance which is in or
on those premises;
S. 42(1)(e) (e) seize any poison or controlled substance
amended by
No. 20/2016 or any other substance or any document
s. 115(3). which is in or on those premises with
respect to which he has reasonable grounds
for believing there has been a contravention
Pt 2 Div. 13A
Division 13AAuthorised police employees (Heading)
amended by
and other authorised persons No. 9/2014
s. 6.
Pt 2 Div. 13A
(Heading and
ss 44A, 44B)
inserted by
No. 52/2006
s. 5.
Division 14Offences
45 Time within which charge-sheet to be filed S. 45
(Heading)
A charge-sheet charging an offence against any of inserted by
the provisions of this Act or the regulations (not No. 68/2009
s. 97(Sch.
being an indictable offence, whether or not that item 47.1).
offence is capable of being determined S. 45
amended by
summarily) shall be filed within three years from Nos 57/1989
the time when the matter of the charge occurs and s. 3(Sch. item
59.6(a)(d)),
not afterwards. 68/2009
s. 97(Sch.
item 47.2).
46 Offences
Except insofar as it is otherwise by this Act
expressly enacted every person who
(a) contravenes or fails to comply with any of
the provisions of this Part;
(b) contravenes or fails to comply with any
condition limitation or restriction to which
any licence warrant or permit issued under
this Part is subject;
(c) purchases or obtains any poison or controlled
substance and gives false information in
answer to inquiries required by or under this
Act to be made by the seller or supplier; or
(d) signs his name as a witness to the sale or
supply of a poison or controlled substance to
a person unknown to him
shall be guilty of an offence against this Act.
S. 47 47 Maximum sentence etc.
amended by
No. 10002
ss 5(2)(d),
Notwithstanding anything to the contrary in this
14(c). Act a person shall not on conviction for any
offence of contravening or failing to comply with
the regulations relating to
(a) the keeping of books; or
(b) the issuing or dispensing of prescriptions
containing substances or preparations to
which this Part applies
be sentenced to imprisonment or to pay a penalty
of more than 5 penalty units if the court dealing
with the case is satisfied that the offence was
committed through inadvertence and was not
preparatory to or committed in the course of or in
connexion with the commission or intended
commission of any other offence against this Act.
54 Special regulations
(1) Where in the interests of public safety it is S. 54(1)
amended by
expedient to provide for prohibiting controlling or Nos 10002
regulating the putting or discharging or otherwise s. 14(d),
81/1989
disposing of poisons or controlled substances or s. 3(Sch.
preparations thereof in on or into any road, street, item 10.2).
Pt 4 (Heading
and ss 5762)
Part IVDeleterious substances and search,
substituted as
Pt 4 (Heading
seizure and detention powers relating to
and ss 5760)
by No. 10002
volatile substances
s. 6(1)(a)(b).
Pt 4 (Heading)
amended by
No. 55/2003
ss 3(1).
Pt 4 Div. 1
(Heading) Division 1Deleterious substances
inserted by
No. 55/2003
s. 3(2).
S. 57 57 Definitions
substituted by
No. 10002
s. 6(1)(b).
(1) In this Part
deleterious substances means
(a) methylated spirits; or
(b) volatile substances;
methylated spirits means
(a) any spirit which has been methylated or
denatured under the provisions of the
Commonwealth Act known as the
Spirits Act 1906 as amended and in
force for the time being or the
regulations under that Act;
(b) methyl alcohol and wood spirit;
(c) any other spirit to which any
methylating substance has been added;
or
(d) any potable liquid with which
methylated spirits as defined in
paragraphs (a), (b) or (c) is mixed;
61 Definitions New s. 61
inserted by
No. 54/1997
(1) In this Part s. 5.
authority means an authority issued under
section 65;
cannabis means a plant or any part of a plant of
the genus Cannabis L, whether fresh or
dried;
inspector means S. 61(1) def. of
inspector
amended by
(a) a person authorised as an inspector No. 37/2014
under section 69E; or s. 10(Sch.
item 47.21).
(b) a police officer;
low-THC cannabis means cannabis, the leaves
and flowering heads of which do not contain
more than 035 per cent of
tetrahydrocannabinol;
Secretary means the Secretary to the Department S. 61(1) def. of
Secretary
of Environment and Primary Industries; substituted by
No. 56/2003
s. 11(Sch.
item 7.1),
amended by
No. 70/2013
s. 4(Sch. 2
item 12).
Pt 4B
(Heading and
Part IVBLicences to cultivate alkaloid
ss 69N69V)
inserted by
poppies and process poppy straw
No. 13/2014
s. 4. Division 1Preliminary
S. 69N 69N Definitions
inserted by
No. 13/2014 In this Part
s. 4.
alkaloid poppy means a plant or any part of a
plant whether fresh or dried of
(a) Papaver bracteatum Lindley; or
(b) Papaver somniferum L.;
alkaloid poppy register means the register
established under section 69T;
associate has the same meaning given in
section 69NA;
Commonwealth licence to export means a licence
to export narcotic substances which relates to
the export of poppy straw under the Customs
Act 1901 of the Commonwealth;
Commonwealth licence to manufacture means a
licence to manufacture narcotic drugs which
relates to the manufacturing of opiates from
alkaloid poppies under the Narcotic Drugs
Act 1967 of the Commonwealth;
cultivate in relation to an alkaloid poppy has the
same meaning as it has in section 70;
detention or seizure receipt means a receipt given
in accordance with section 69RC or 69RI;
disqualified person means
(a) a person who is under the age of
17 years unless the person is an
apprentice or trainee undertaking an
approved training scheme within the
Division 6Offences
S. 69S 69S Offence to fail to report the amendment or
inserted by cancellation of a contract
No. 13/2014
s. 4. A licensed grower who holds a poppy cultivation
licence under section 69O(1) must report to the
Secretary within 3 business days any amendment
to a contract registered in the alkaloid poppy
register that does one or more of the following
(a) amends the duration of the contract;
Division 9Regulations
S. 69V 69V Regulations
inserted by
No. 13/2014 (1) The Governor in Council may make regulations
s. 4. for or with respect to the following
(a) the cultivation of alkaloid poppies;
(b) the processing of poppy straw;
(c) classes of persons that are disqualified
persons;
(d) prescribing fees or levies to recover any
compliance or administrative costs;
(e) prescribing terms, conditions, limitations and
restrictions to which licences issued under
this Part will be subject;
(f) particulars to be included in any application
for the issue, renewal or amendment of a
poppy cultivation licence or a poppy
processing licence;
(g) restricting, limiting or prohibiting premises,
vehicles or machines used or intended to be
used in connection with the cultivation and
destruction of alkaloid poppies or the
processing or destruction of poppy straw;
(h) limiting or prohibiting transport of poppy
straw, including in relation to specific
geographical areas or regions in Victoria;
(i) the distance required to separate alkaloid
poppies and poppy straw at a specified
premises from any other place;
(j) matters to be considered by the Secretary in
relation to the suitability of specified
premises for the cultivation of alkaloid
poppies or processing of poppy straw;
70 Definitions S. 70
substituted by
No. 10002
s. 7(1).
(1) In this Part and Part VI, unless inconsistent with S. 70(1)
amended by
the context or subject-matter No. 101/1986
s. 55(1)(c).
(2) The provisions of section 4(2) and (3) and the S. 70(2)
interpretations of manufacture, sell and supply in amended by
No. 18/2000
section 4(1) do not apply to this Part. s.105(c).
sale or supply
(a) if the person is, or is engaged or employed
by, a pharmacist and the sale or supply is
made in the course of the lawful practice of a
pharmacist; or
(b) if the sale or supply is by a specified person S. 80(5)(b)
substituted by
or organisation or specified class of persons No. 12/1994
or organisations in specified circumstances s. 6(1).
Pt 5A
(Heading and
Part VACocaine kits
ss 80A80H)
inserted by
No. 18/2006
Division 1Cocaine kits
s. 3.
Division 2Enforcement
80D Seizure of cocaine kits S. 80D
inserted by
A police officer may seize a cocaine kit if he or No. 18/2006
she has reasonable grounds for suspecting that the s. 3,
amended by
cocaine kit is displayed or is for sale in No. 37/2014
contravention of this Part. s. 10(Sch.
item 47.25).
Pt VAB
(Heading and
Part VABIce pipes
ss 80HA
80HH)
inserted by
No. 64/2010
s. 11.
S. 80HG(1) (1) Subject to section 80HF, any ice pipe that a police
amended by
No. 37/2014 officer has seized and retained under this Part is
s. 10(Sch. forfeited to the Crown if the police officer
item 47.28).
Pt VB
(Headings
Part VBPrecursor chemicals and
and ss 80I
80S)
apparatus
inserted by
No. 55/2009
s. 8.
Division 1Preliminary
S. 80I 80I Application of Part
inserted by
No. 55/2009 This Part does not apply to
s. 8.
(a) the supply by retail of a retail product
containing a precursor chemical;
S. 80I(b) (b) therapeutic goods within the meaning of the
amended by
No. 75/2014 Therapeutic Goods (Victoria) Act 2010
s. 21. which are prescribed to be exempt (in whole
or in part) from this Part;
(c) the supply of a precursor chemical, or class
of precursor chemical, which is prescribed to
be exempt (in whole or in part) from this
Part.
in a retail outlet.
Penalty: In the case of a natural person,
60 penalty units;
In the case of a body corporate,
300 penalty units.
(2) A person must not display a bong component in a
retail outlet.
Penalty: In the case of a natural person,
60 penalty units;
In the case of a body corporate,
300 penalty units.
(3) A person must not display a bong kit in a retail
outlet.
Penalty: In the case of a natural person,
60 penalty units;
In the case of a body corporate,
300 penalty units.
80V Offence to sell cannabis water pipe, bong component S. 80V
inserted by
or bong kit No. 51/2011
s. 4.
(1) A person must not sell a cannabis water pipe.
Penalty: In the case of a natural person,
60 penalty units;
In the case of a body corporate,
300 penalty units.
(2) A person must not sell a bong component.
Penalty: In the case of a natural person,
60 penalty units;
In the case of a body corporate,
300 penalty units.
Division 2Enforcement
80Y Power to issue infringement notices S. 80Y
inserted by
No. 51/2011
s. 4.
the regulations;
(c) search S. 81(3)(c)
substituted by
No. 25/2009
(i) the land or premises or any vehicle or s. 6(4)(d).
any person found on or in that land or
those premises or on or in any vehicle
on or in that land or those premises;
* * * * * Ss 8589
substituted by
No. 10002
s. 7(1),
repealed by
No. 101/1986
s. 55(1)(d ).
90 Appeals S. 90
substituted by
No. 10002
s. 7(1).
* * * * * Ss 97101
repealed by
No. 10002
s. 7(1).
Pt 6A
(Heading and
Part VIADeclared testing facilities
ss 97, 98)
inserted by
No. 9/2014
s. 8.
Part VIIProceedings
S. 102 102 Identity of seller of substances
amended by
No. 10002 For the purposes of this Act other than Part V any
s. 9(a)(b). person on whose behalf a sale or supply is made
shall be deemed to be the person who sells or
supplies, and where a sale or supply is made by an
employee assistant or apprentice of a person, that
employee assistant or apprentice shall be liable to
the like penalties as the person on whose behalf he
makes any sale.
S. 103 103 Offences by corporations
substituted by
No. 18/2006
s. 4.
(1) In this section, officer
(a) in relation to a corporation within the
meaning of the Corporations Act, has the
same meaning as in section 9 of that Act; and
(b) in relation to a corporation that is not a
corporation within the meaning of that Act,
means any person (by whatever name called)
who is concerned or takes part in the
management of the corporation
but does not include an employee of the
corporation.
(2) If a corporation is guilty of an offence against
this Act, any officer of the corporation who was
in any way, by act or omission, directly or
indirectly, knowingly concerned in or party to the
commission of the offence is also guilty of that
offence and liable to the penalty for that offence.
(3) If in a proceeding for an offence against this Act
it is necessary to establish the intention of a
corporation, it is sufficient to show that a servant
or agent of the corporation had that intention.
* * * * * Ss 106109
repealed by
No. 10002
s. 11(1).
* * * * * Pt 8
(Heading and
ss 110117)
amended by
Nos 10002
s. 12(1)(19)
(as amended
by No. 10087
s. 3(1)(Sch. 1
item 41)),
16/1986 s. 30,
110/1986
s. 140(2),
repealed by
No. 101/1986
s. 55(1)(d).
Part IXEvidentiary
S. 118 118 List of licences and permits
amended by
No. 10262 s. 4,
substituted by
No. 42/1993
s. 51.
S. 118(4) (4) The Secretary may take any steps that he or she
amended by
No. 46/1998 considers appropriate to bring the existence of the
s. 7(Sch. 1) list to the notice of members of the public.
S. 118(5) (5) In any proceedings the production of a document
amended by
Nos 12/1994 certified in writing purporting to be signed by the
s. 17(2)(c)(i), Secretary and purporting to be a copy of or an
46/1998
s. 7(Sch. 1). extract from the list as at a particular date is
evidence and, in the absence of evidence to the
contrary is proof
(a) of the matters stated; and
S. 120(3)(i) (a) not less than ten days before the hearing a
amended by copy of the certificate is lodged with the
No. 68/2009
s. 97(Sch. court of hearing which is hereby authorized
item 47.4), to make such copy available to the accused;
re-numbered
as s. 120(3)(a) and
by No.
13/2010
s. 48(b)(ii).
Part XIRegulations
S. 129 129 Regulations
amended by
No. 10002
s. 13(1)(a)(f).
substance or preparation;
(b) requiring persons engaged in the S. 129(1)(b)
amended by
manufacture sale supply dispensing, No. 10002
administration, prescription and distribution s. 13(1)(c).
S. 130(b) * * * * *
substituted by
No. 80/2004
s. 150(Sch. 2
item 2.5),
amended by
Nos 97/2005
s. 182(Sch. 4
item 16.5),
13/2010
s. 46(a),
repealed by
No. 27/2012
s. 16.
* * * * * S. 131(c)(d)
repealed by
No. 12/1994
s. 10(1).
* * * * * S. 131(e)
amended by
No. 10002
s. 13(2),
repealed by
No. 12/1994
s. 10(1).
poisons; and
(g) prescribing penalties not exceeding S. 131(g)
amended by
100 penalty units for breaches of the No. 10002
regulations. s. 13(2).
cancellation of them;
(n) prescribing terms and conditions limitations S. 132(n)
amended by
and restrictions to which licences warrants Nos 10002
and permits issued under this Act shall be s. 13(3)(b),
12/1994
subject; s. 10(2)(b).
TABLE
Column 1 Column 2
Old Reference New Reference
Domestic poison Schedule 5 poison
Special poison (if the reference relates Schedule 1 poison
to a Schedule 1 poison)
Narcotic drug Schedule 8 poison or
Schedule 9 poison
Hallucinogenic drug Schedule 8 poison or
Schedule 9 poison
Dangerous poison (if the reference Schedule 1 poison
relates to a Schedule 1 poison)
Medicinal poison Schedule 2 poison
Potent substance Schedule 3 poison
Restricted substance Schedule 4 poison
Hazardous substance Schedule 5 poison
Industrial and Agricultural poison Schedule 6 poison
Dangerous poison (if the reference Schedule 7 poison
relates to a Schedule 7 poison)
Special poison (if the reference relates Schedule 7 poison
to a Schedule 7 poison)
Special poison (if the reference relates Regulated poison
to a regulated poison)
Drug of addiction Schedule 8 poison or
Schedule 9 poison
Substance specified in Schedule One of Schedule 1 poison
the Drugs, Poisons and Controlled
Substances Act 1981
Substance specified in Schedule Two Schedule 2 poison
of the Drugs, Poisons and Controlled
Substances Act 1981
Substance specified in Schedule Three Schedule 3 poison
of the Drugs, Poisons and Controlled
Substances Act 1981
Substance specified in Schedule Four Schedule 4 poison
of the Drugs, Poisons and Controlled
Substances Act 1981
Substance specified in Schedule Five of Schedule 5 poison
the Drugs, Poisons and Controlled
Substances Act 1981
Substance specified in Schedule Six of Schedule 6 poison
the Drugs, Poisons and Controlled
Substances Act 1981
Substance specified in Part 1 of Schedule 7 poison
Schedule Seven of the Drugs, Poisons
and Controlled Substances Act 1981
Column 1 Column 2
Old Reference New Reference
Substance specified in Part 2 of Regulated poison
Schedule Seven of the Drugs, Poisons
and Controlled Substances Act 1981
Substance specified in Schedule Eight Schedule 8 poison or
of the Drugs, Poisons and Controlled Schedule 9 poison
Substances Act 1981
(2) A licence
(a) of a kind referred to in section 20(1)(b) or (e)
of this Act as in force immediately before the
commencement of the Drugs, Poisons and
Controlled Substances and Therapeutic
Goods (Victoria) Acts (Amendment) Act
2004 (including a suspended licence); and
(b) in existence at the date of that
commencement
must be taken to have been issued under this Act
as amended by the Drugs, Poisons and
Controlled Substances and Therapeutic Goods
(Victoria) Acts (Amendment) Act 2004 and may
be renewed, amended, suspended or cancelled
accordingly.
(3) The amendments to section 20(1)(b) and (e) made
by the Drugs, Poisons and Controlled
Substances and Therapeutic Goods (Victoria)
Acts (Amendment) Act 2004 do not affect the
continuity or suspension of a licence of a kind
referred to in section 20(1)(b) or (e) of this Act as
in force immediately before the commencement of
that Act.
S. 140 140 Transitional provisionsDrugs, Poisons and
inserted by
No. 52/2006 Controlled Substances (Amendment) Act 2006
s. 16.
(1) The amendments made to the definitions of
aggregated commercial quantity, aggregated
large commercial quantity, cultivate, narcotic
plant and traffickable quantity by section 8 of the
Drugs, Poisons and Controlled Substances
(Amendment) Act 2006 apply only to offences
alleged to have been committed after the
commencement of that section.
Schedules
* * * * * Schs 19
repealed.1
Sch. 10
substituted by
Schedule TenSearch warrant
No. 10002 (Section 81)
s. 8(1),
amended by
Nos 16/1986 Drugs, Poisons and Controlled Substances Act 1981
s. 30, 101/1986
s. 58(1)(g), To a police officer
57/1989
s. 3(Sch. item
WHEREAS I, the undersigned, a *Magistrate in the
59.15(a)(c)), State of Victoria, am satisfied by the *evidence on oath or *by affidavit
48/1997 of:
s. 44(7)(a)(c),
63/2003 a police officer of or
s. 48(1)(2), above the rank of Sergeant or for the time being in charge of a police
52/2006 s. 17,
station, that there is reasonable ground for believing
25/2009 s. 7,
37/2014 that there *is on or in a certain
s. 10(Sch.
item 47.42). *are
*will be within the next 72 hours
*land or
*premises situate at or
*vehicle identified by
*Magistrate
*Strike out whichever is not applicable.
Note: Under section 81(3) of the Drugs, Poisons and
Controlled Substances Act 1981, a police officer to
whom a warrant under section 81(1) of that Act is
addressed or any other police officer may, at any time or
times by day or night but within one month from the date
of the warrant and with such assistance as may be
necessary
(a) enter, if need be by force, the land or premises or
specified vehicle located in a public place named in
the warrant; and
(b) arrest all persons on or in that land or those premises
or on or in that vehicle who are found offending
against a provision of that Act or the regulations made
under that Act; and
(c) search
(i) the land or premises or any vehicle or any
person found on or in that land or those
premises or any person found on or in any
vehicle on or in that land or those premises;
(ii) the specified vehicle located in a public
place or any person found on or in that vehicle;
and
(d) seize and carry away or, unless a direction under
section 81(1A) of that Act applies, deal with as
mentioned in paragraph (e)
(i) any thing in respect of which an offence under
that Act or the regulations made under that Act
has been or is reasonably suspected to have
been committed; and
(ii) any thing which there is reasonable ground to
believe will afford evidence of the commission
of an offence under that Act or the regulations
made under that Act; and
(iii) any document directly or indirectly relating to
or concerning a transaction or dealing which is
or would be, if carried out, an offence against
that Act or the regulations made under that Act
or under a provision of a law in force in a place
outside Victoria corresponding to a provision of
Part V of that Act; and
(e) if
(i) the thing is
(A) a drug of dependence or a substance that
contains a drug of dependence; or
(B) a poison or controlled substance; or
(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; and
Sch. 11
substituted by
Schedule Eleven
No. 10002
s. 8(1),
amended by
Part 1
S.R. No.
1/1985 (paras Column 1 Column 2 Column 3
(1)(9)),
substituted by Quantity Quantity
S.R. No. of pure of pure
268/1985, Drug drug drug
amended by
No. 101/1986 Kilograms Grams
s. 58(1)(h)(i)
(iii), S.R. Nos ACETORPHINE 20
138/1989
(para. (3)(a) N-ACETYLAMPHETAMINE 20 20
(b)), 314/1990 ACETYLDIHYDROCODEINE 100 1000
(para. (3)(a)
(g)), 69/1993 ACETYLMETHADOL 20
para. (3)(a)(b),
No. 48/1997 N-ACETYLMETHYLAMPHETAMINE 20 20
ss 45(1) ALPRAZOLAM 05
(a)(h)(2), 46,
S.R. Nos ANILERIDINE 250
107/1999
regs 3(1) BARBITURATES 20 500
(a)(e)(2), 4, 1, 4-BENZODIAZEPINES not included
85/2000 reg. 3, elsewhere in this Part
Nos 61/2001
100
s. 8, 63/2003 BENZOXAZOCINES 20 500
s. 49, 74/2004
s. 19(a)(b),
BENZETHIDINE 100
52/2006 BENZYLMORPHINE 50
ss 1820 (as
amended by BEZITRAMIDE 50
No. 79/2006
s. 87), 57/2012 BROMAZEPAM 30
ss 57, 9/2014 4-BROMO-2,5-
ss 1317.
DIMETHOXYAMPHETAMINE 05 05
4-BROMO-2,5-
DIMETHOXYMETHYLAMPHETAMINE 05 05
* * *
BUFOTENINE 20
BUTORPHANOL 15 20
CHLORAL HYDRATE 20 500
CHLORDIAZEPOXIDE 50
1-CHLORO-1-PHENYL-2-
AMINOPROPANE 20 20
Part 2
Column 1 Column 1A Column 2 Column 3 Column 4
(Large Commercial (Commercial (Traffickable (Small
Quantity) Quantity) Quantity) Quantity)
Plant Quantity Quantity Quantity Quantity
Cannabis L. 250 kg or 250 kg or 2500 g or 500 g
1000 plants 100 plants 10 plants
Erythroxylum coca Lam 800 kg 8000 g
Erythroxylum 800 kg 8000 g
nova-granatense
(Morris) Hier
Papaver bracteatum 1000 plants 100 kg or 1000 g or 50 5 plants
Lindley 250 plants plants
Papaver somniferum L., 1000 plants 100 kg or 1000 g or 50 5 plants
other than its seed 250 plants plants
Part 3
Column 1 Column 1A Column 1B Column 2 Column 2A Column 2B Column 3 Column 3A Column 4
(Large (Large (Commercial (Commercial (Automatic (Traffickable (Traffickable (Small
Commercial Commercial Quantity) Quantity) Forfeiture Quantity) Quantity) Quantity)
Quantity) Quantity) Quantity)
Drug Quantity Quantity of Quantity Quantity of Quantity Quantity of Quantity Quantity
mixture of mixture of mixture of
substance substance substance
and drug of and drug of and drug of
dependence dependence dependence
(1-(2-MORPHOLIN-4- - 100 kg - 10 kg - 30 g - 10 g
YLETHYL)INDOL-3-YL)-
NAPHTHALEN-1-
YLMETHANONE
(common name JWH-200)
NAPHTHALEN-1-YL- - 100 kg - 10 kg - 30 g - 10 g
(1-BUTYLINDOL-3-
YL)METHANONE
(common name JWH-073)
1-PENTYL-3-(4-METHYL- - 100 kg - 10 kg - 30 g - 10 g
1-NAPHTHOYL)INDOLE
(common name JWH-122)
1-PENTYL-3- - 100 kg - 10 kg - 30 g - 10 g
(1-NAPHTHOYL)INDOLE
(common name JWH-018)
(1-PENTYLINDOL-3-YL)- - 100 kg - 10 kg - 30 g - 10 g
(2,2,3,3-
TETRAMETHYLCYCLOPROP
YL) METHANONE (UR-144)
(1-(5- - 100 kg - 10 kg - 30 g - 10 g
FLUOROPENTYL)INDOL-3-
YL)-(2,2,3,3-
TETRAMETHYLCYCLOPROP
YL)METHANONE (XLR-11)
N-(1-ADAMANTYL)-1- - 100 kg - 10 kg - 30 g - 10 g
PENTYLINDAZOLE-3-
CARBOXAMIDE (AKB48 OR
APINACA)
N-(1-FENCHYL)-1-(2- - 100 kg - 10 kg - 30 g - 10 g
MORPHOLINOETHYL)-7-
METHOXYINDOLE-3-
CARBOXAMIDE (UR-12)
1-(5-FLUOROPENTYL)- - 100 kg - 10 kg - 30 g - 10 g
INDOLE-3-CARBOXYLIC
ACID 8-QUINOLINYL ESTER
(5F-PB-22)
The following classes of - - - - - - - -
SYNTHETIC CANNABINOIDS
3-BENZOYLINDOLES with any - 100 kg - 10 kg - 30 g - 10 g
modification on the indole
nitrogen, whether or not further
modified on the indole or phenyl
rings (other than a substance
included elsewhere in this Part)
3-PHENYLACETYLINDOLES - 100 kg - 10 kg - 30 g - 10 g
with any modification on the
indole nitrogen, whether or not
further modified on the indole or
phenyl rings (other than a
substance included elsewhere in
this Part)
6,6-DIMETHYL-6H- - 100 kg - 10 kg - 30 g - 10 g
DIBENZO[b,d]-PYRANS
with any modification at the
3-position by alkyl or alkenyl,
whether or not further modified
on the cyclic rings, and whether
or not the cyclic rings are
partially or fully hydrogenated
2- - 100 kg - 10 kg - 30 g - 10 g
(3-HYDROXYCYCLOHEXYL)-
PHENOLS with any modification
at the 5-position of the phenolic
ring, whether or not further
modified on the cyclohexyl ring
(other than a substance included
elsewhere in this Part)
3-(1-NAPHTHOYL)INDOLES - 100 kg - 10 kg - 30 g - 10 g
with any modification on the
indole nitrogen, whether or not
further modified on the indole,
naphthoyl or naphthyl rings
(other than a substance included
elsewhere in this Part)
3- - 100 kg - 10 kg - 30 g - 10 g
(1-NAPHTHYLMETHANE)IND
OLES with any modification on
the indole nitrogen, whether or
not further modified on the
indole, naphthoyl or naphthyl
rings
3-(1-NAPHTHOYL)PYRROLES - 100 kg - 10 kg - 30 g - 10 g
with any modification on the
pyrrole nitrogen, whether or not
further modified on the pyrrole or
naphthoyl rings
1- - 100 kg - 10 kg - 30 g - 10 g
(1-NAPHTHYLMETHYLENE)I
NDENES with any modification
at the 3-position of the indene
ring, whether or not further
modified on the indene or
naphthyl rings
(INDOL-3-YL)-(2,2,3,3-TETRA- - 100 kg - 10 kg - 30 g - 10 g
ALKYLCYCLOPROPYL)
METHANONES with any
modification on the indole
nitrogen, whether or not further
modified on the indole ring
3-(1-ADAMANTOYL)- - 100 kg - 10 kg - 30 g - 10 g
INDOLES with any modification
on the indole nitrogen, whether
or not further modified on the
indole or adamantane ring
Note: kg = kilogram
g = gram
mg = milligram
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
The Drugs, Poisons and Controlled Substances Act 1981 was assented to
on 12 January 1982 and came into operation on 18 December 1983:
Government Gazette 14 December 1983 page 3955.
Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001
forms part of that Act. Any punctuation inserted in an Act which was passed
before 1 January 2001, by an Act passed on or after 1 January 2001, forms
part of that Act. See section 36(3B).
Provision numbers
All provision numbers included in an Act form part of that Act, whether
inserted in the Act before, on or after 1 January 2001. Provision numbers
include section numbers, subsection numbers, paragraphs and subparagraphs.
See section 36(3C).
Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October
2004, a legislative item relating to a provision of an Act is taken to be at the
foot of that provision even if it is preceded or followed by another legislative
item that relates to that provision. For example, if a penalty at the foot of a
provision is followed by a note, both of these legislative items will be
regarded as being at the foot of that provision. See section 36B.
Other material
Any explanatory memorandum, table of provisions, endnotes, index and
other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Drugs, Poisons and
Controlled Substances Act 1981 by Acts and subordinate instruments.
Drugs, Poisons and Controlled Substances (Amendment) Act 1983,
No. 10002/1983 (as amended by Act Nos 10087, 25/1990)
Assent Date: 13.12.83
Commencement Date: 18.12.83: Government Gazette 14.12.83 p. 3954
Current State: All of Act in operation
Statute Law Revision Act 1984, No. 10087/1984
Assent Date: 22.5.84
Commencement Date: 22.5.84: s. 3(2)
Current State: All of Act in operation
Health (Amendment) Act 1985, No. 10262/1985
Assent Date: 10.12.85
Commencement Date: S. 4(Sch.) on 1.3.86: Government Gazette 26.2.86
p. 451
Current State: This information relates only to the provision/s
amending the Drugs, Poisons and Controlled
Substances Act 1981
Courts Amendment Act 1986, No. 16/1986
Assent Date: 22.4.86
Commencement Date: S. 30(Sch.) on 1.7.86: Government Gazette 25.6.86
p. 2180
Current State: This information relates only to the provision/s
amending the Drugs, Poisons and Controlled
Substances Act 1981
Public Contracts (Repeal) Act 1986, No. 21/1986
Assent Date: 22.4.86
Commencement Date: 22.4.86
Current State: All of Act in operation
Crimes (Confiscation of Profits) Act 1986, No. 101/1986
Assent Date: 16.12.86
Commencement Date: 1.8.87: Government Gazette 22.7.87 p. 1924
Current State: All of Act in operation
Supreme Court Act 1986, No. 110/1986
Assent Date: 16.12.86
Commencement Date: 1.1.87: s. 2
Current State: All of Act in operation
Animal Preparations Act 1987, No. 12/1987
Assent Date: 5.5.87
Commencement Date: S. 37 on 5.5.87: s. 2(1); rest of Act on 29.6.88:
Government Gazette 29.6.88 p. 1893
Current State: All of Act in operation
Drugs, Poisons and Controlled Substances (Amendment) Act 1987, No. 20/1987
Assent Date: 12.5.87
Commencement Date: 12.5.87
Current State: All of Act in operation
Conservation, Forests and Lands Act 1987, No. 41/1987
Assent Date: 19.5.87
Commencement Date: S. 103(Sch. 4 item 12.1) on 1.7.87: Government
Gazette 24.6.87 p. 1694
Current State: This information relates only to the provision/s
amending the Drugs, Poisons and Controlled
Substances Act 1981
Liquor Control Act 1987, No. 97/1987
Assent Date: 1.12.87
Commencement Date: S. 181(2) on 3.5.88: Government Gazette 27.4.88
p. 1044
Current State: This information relates only to the provision/s
amending the Drugs, Poisons and Controlled
Substances Act 1981
Magistrates' Court Act 1989, No. 51/1989
Assent Date: 14.6.89
Commencement Date: S. 149(1) on 1.9.90: Government Gazette 25.7.90
p. 2216
Current State: This information relates only to the provision/s
amending the Drugs, Poisons and Controlled
Substances Act 1981
Children and Young Persons Act 1989, No. 56/1989
Assent Date: 14.6.89
Commencement Date: S. 286(Sch. 2 item 9) on 23.9.91: Government Gazette
28.8.91 p. 2368
Current State: This information relates only to the provision/s
amending the Drugs, Poisons and Controlled
Substances Act 1981
Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989
Assent Date: 14.6.89
Commencement Date: S. 4(1)(a)(e)(2) on 1.9.89: Government Gazette
30.8.89 p. 2210; rest of Act on 1.9.90: Government
Gazette 25.7.90 p. 2217
Current State: All of Act in operation
Water (Consequential Amendments) Act 1989, No. 81/1989
Assent Date: 5.12.89
Commencement Date: 1.11.90: Government Gazette 15.8.90 p. 2473
Current State: All of Act in operation
Drugs, Poisons and Controlled Substances (Amendment) Act 1990, No. 25/1990
Assent Date: 5.6.90
Commencement Date: S. 4(2) on 13.12.83: s. 2(1); rest of Act on 5.6.90:
s. 2(2)
Current State: All of Act in operation
Drugs, Poisons and Controlled Substances (Amendment) Act 1997, No. 54/1997
(as amended by No. 52/1998)
Assent Date: 21.10.97
Commencement Date: Ss 14 on 21.10.97: s. 2(1); ss 5, 6 on 1.10.98:
Government Gazette 13.8.98 p. 2182
Current State: All of Act in operation
Veterinary Practice Act 1997, No. 58/1997
Assent Date: 28.10.97
Commencement Date: S. 96(Sch. item 3) on 17.3.98: Government Gazette
12.3.98 p. 520
Current State: This information relates only to the provision/s
amending the Drugs, Poisons and Controlled
Substances Act 1981
Confiscation Act 1997, No. 108/1997
Assent Date: 23.12.97
Commencement Date: S. 152 on 1.7.98: Government Gazette 25.6.98 p. 1561
Current State: This information relates only to the provision/s
amending the Drugs, Poisons and Controlled
Substances Act 1981
Drugs, Poisons and Controlled Substances (Amendment) Act 1998, No. 9/1998
Assent Date: 28.4.98
Commencement Date: Ss 1, 2 on 28.4.98: s. 2(1); rest of Act on 31.12.98:
Government Gazette 10.12.98 p. 2998
Current State: All of Act in operation
Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998
Assent Date: 26.5.98
Commencement Date: S. 7(Sch. 1) on 1.7.98: s. 2(2)
Current State: This information relates only to the provision/s
amending the Drugs, Poisons and Controlled
Substances Act 1981
Conservation, Forests and Lands (Miscellaneous Amendments) Act 1998,
No. 76/1998
Assent Date: 10.11.98
Commencement Date: S. 7 on 15.12.98: s. 2(5)
Current State: This information relates only to the provision/s
amending the Drugs, Poisons and Controlled
Substances Act 1981
Public Sector Reform (Further Amendments) Act 1999, No. 12/1999
Assent Date: 11.5.99
Commencement Date: S. 4(Sch. 2 item 4) on 11.5.99: s. 2(1)
Current State: This information relates only to the provision/s
amending the Drugs, Poisons and Controlled
Substances Act 1981
Drugs, Poisons and Controlled Substances (Amendment) Act 2006, No. 52/2006
(as amended by Nos 79/2006, 10/2007)
Assent Date: 15.8.06
Commencement Date: Ss 7, 9(1), 11 on 19.2.07: Government Gazette 15.2.07
p. 261; ss 46, 8, 10, 13, 14, 1620 on 1.5.07: s. 2(3);
ss 9(2), 12, 15 on 1.8.07: Government Gazette 26.7.07
p. 1705
Current State: This information relates only to the provision/s
amending the Drugs, Poisons and Controlled
Substances Act 1981
Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006,
No. 80/2006
Assent Date: 10.10.06
Commencement Date: S. 26(Sch. item 29) on 11.10.06: s. 2(1)
Current State: This information relates only to the provision/s
amending the Drugs, Poisons and Controlled
Substances Act 1981
Drugs, Poisons and Controlled Substances Amendment (Repeal of Part X) Act
2007, No. 10/2007
Assent Date: 8.5.07
Commencement Date: Ss 3, 4 on 1.7.07: s. 2(2)
Current State: This information relates only to the provision/s
amending the Drugs, Poisons and Controlled
Substances Act 1981
Health Professions Registration Amendment Act 2007, No. 25/2007
Assent Date: 26.6.07
Commencement Date: S. 33 on 1.7.07: s. 2(2)
Current State: This information relates only to the provision/s
amending the Drugs, Poisons and Controlled
Substances Act 1981
Drugs, Poisons and Controlled Substances Amendment Act 2008, No. 17/2008
Assent Date: 13.5.08
Commencement Date: Ss 4, 5 on 14.5.08: s. 2(1); ss 613 on 1.3.09: s. 2(3)
Current State: This information relates only to the provision/s
amending the Drugs, Poisons and Controlled
Substances Act 1981
Police Integrity Act 2008, No. 34/2008
Assent Date: 1.7.08
Commencement Date: S. 143(Sch. 2 item 6) on 5.12.08: Special Gazette
(No. 340) 4.12.08 p. 1
Current State: This information relates only to the provision/s
amending the Drugs, Poisons and Controlled
Substances Act 1981
Public Health and Wellbeing Act 2008, No. 46/2008
Assent Date: 2.9.08
Commencement Date: S. 275 on 1.1.10: s. 2(2)
Current State: This information relates only to the provision/s
amending the Drugs, Poisons and Controlled
Substances Act 1981
Drugs, Poisons and Controlled Substances Amendment Act 2012, No. 57/2012
Assent Date: 16.10.12
Commencement Date: S. 7 on 8.11.12: s. 2(1); ss 46 on 13.12.12: Special
Gazette (No. 429) 11.12.12 p. 1
Current State: This information relates only to the provision/s
amending the Drugs, Poisons and Controlled
Substances Act 1981
Integrity and Accountability Legislation Amendment Act 2012, No. 82/2012
Assent Date: 18.12.12
Commencement Date: S. 161 on 10.2.13: Special Gazette (No. 32) 6.2.13 p. 2
Current State: This information relates only to the provision/s
amending the Drugs, Poisons and Controlled
Substances Act 1981
Statute Law Revision Act 2013, No. 70/2013
Assent Date: 19.11.13
Commencement Date: S. 4(Sch. 2 item 12) on 1.12.13: s. 2(1)
Current State: This information relates only to the provision/s
amending the Drugs, Poisons and Controlled
Substances Act 1981
Drugs, Poisons and Controlled Substances Amendment Act 2014, No. 9/2014
Assent Date: 25.2.14
Commencement Date: Ss 317 on 21.5.14: Special Gazette (No. 155) 20.5.14
p. 1
Current State: This information relates only to the provision/s
amending the Drugs, Poisons and Controlled
Substances Act 1981
Drugs, Poisons and Controlled Substances (Poppy Cultivation and Processing)
Amendment Act 2014, No. 13/2014
Assent Date: 18.3.14
Commencement Date: Ss 47 on 16.4.14: Special Gazette (No. 122) 15.4.14
p. 1
Current State: This information relates only to the provision/s
amending the Drugs, Poisons and Controlled
Substances Act 1981
Victoria Police Amendment (Consequential and Other Matters) Act 2014,
No. 37/2014
Assent Date: 3.6.14
Commencement Date: S. 10(Sch. item 47) on 1.7.14: Special Gazette
(No. 200) 24.6.14 p. 2
Current State: This information relates only to the provision/s
amending the Drugs, Poisons and Controlled
Substances Act 1981
4 Explanatory details
1
Schs 19 (Repealed):
Sch. 1 substituted by S.R. Nos 268/1985, 250/1990 para. (3), amended by
S.R. No. 230/1992 para. (3), substituted by S.R. No. 67/1993 para. (3),
amended by S.R. No. 86/1993 para. (3), repealed by No. 42/1993 s. 59.
Sch. 2 amended by No. 10002 s. 15(a)(i)(ii), S.R. Nos 77/1985, para. (1),
93/1985 regs 1, 2, 94/1985 para. (a)(i)(xiv), 165/1985 para. (a), 208/1985
regs 1(a)(b), 2(a)(b), substituted by S.R. No. 268/1985, amended by
S.R. Nos 92/1986 reg. 1, 82/1987 reg. 3(a), 254/1987 reg. 3(a), substituted
by S.R. No. 250/1990 para. (4), amended by S.R. Nos 194/1991 para. (3),
230/1992 paras (4)(5), 263/1992 para. (3), 289/1992 para. (3), 305/1992
para. (3), 350/1992 para. (4), substituted by S.R. No. 67/1993 para. (4),
amended by S.R. Nos 86/1993 para. (4)(a)(b), 136/1993 para. (3), repealed
by No. 42/1993 s. 59.
Sch. 3 amended by No. 10002 s. 15(b)(i)(iv), S.R. Nos 94/1985
para. (b)(i)(ix), 165/1985 para. (b), 187/1985, 208/1985 reg. 3(a)(b),
substituted by S.R. No. 268/1985, amended by S.R. Nos 254/1987
reg. 3(b)(i)(iii), 23/1990 para. (3)(a), substituted by S.R. No. 250/1990
para. (5), amended by S.R. Nos 194/1991 para. (4), 230/1992 paras (4)(6),
263/1992 para. (4), 289/1992 para. (4), substituted by S.R. No. 67/1993
para. (5), amended by S.R. Nos 86/1993 para. (5)(a)(c), 136/1993
para. (4), repealed by No. 42/1993 s. 59.
Sch. 4 amended by No. 10002 s. 15(c)(i)(xxix) (as amended by
No. 25/1990 s. 4(2)(a)(i)), GG 29.12.83 p. 4187, S.R. Nos 43/1984
regs 1, 2, 277/1984 para. (a)(i)(vi), 2/1985 para. (a)(i)(iv), 77/1985
para. (2), 90/1985 para. (a), 94/1985 para. (c)(i)(xxi), 165/1985
para. (c)(i)(iv), 208/1985 regs 4(a)(i), 5(a)(l), substituted by
S.R. No. 268/1985, amended by S.R. Nos 92/1986 reg. 2, 82/1987 reg. 3(b),
254/1987 reg. 3(c)(i)(ii), 23/1990 para. (3)(b), substituted by
S.R. No. 250/1990 para. (6), amended by S.R. Nos 194/1991 para. (5),
230/1992 paras (4)(7), 263/1992 para. (5), 289/1992 para. (5), 305/1992
para. (4), 350/1992 para. (5), substituted by S.R. No. 67/1993 para. (6),
amended by S.R. Nos 86/1993 para. (6)(a)(zm), 136/1993 para. (5)(a)(p),
repealed by No. 42/1993 s. 59.
Sch. 5 amended by No. 10002 s. 15(d)(i)(ix) (as amended by No. 25/1990
s. 4(2)(a)(ii)), S.R. Nos 94/1985 para. (d)(i)(iv), 165/1985 para. (d),
208/1985 reg. 6, substituted by S.R. Nos 268/1985, 250/1990 para. (7),
amended by S.R. Nos 194/1991 para. (6), 230/1992 paras (4)(8), 263/1992
para. (6), 289/1992 para. (6), 305/1992 para. (5), 350/1992 para. (6),
substituted by S.R. No. 67/1993 para. (7), amended by S.R. Nos 86/1993
para. (7)(a)(d), 136/1993 para. (6)(a)(h), repealed by No. 42/1993 s. 59.