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Drugs, Poisons and Controlled Substances Further Amendment Act 2014

No. 75 of 2014

TABLE OF PROVISIONSSection Page

PART 1—PRELIMINARY 1

1 Purpose 12 Commencement 23 Principal Act 2

PART 2—LICENCES, PERMITS AND WARRANTS 3

4 Definitions 35 Issue of licences, permits and warrants 36 What a licence, permit or warrant can authorise 57 Inspection 58 Suspension or cancellation 69 General regulations 6

PART 3—POISONS STANDARD 7

10 Definitions 711 Poisons Code 812 The Poisons List 813 Requirements for labelling and other matters 814 Incorporation of the Commonwealth standard 815 Amendment of Code 916 Tabling before Parliament 1017 Commencement of Poisons Code and incorporated materials 1018 Persons authorized to have possession etc. of poisons or

controlled substances 1019 Offences concerning labelling and other matters 1020 Sale of substances in unauthorised containers 11

PART 4—OTHER AMENDMENTS 12

21 Application of Part 1222 Evidentiary 1223 General regulations 1324 Exemption from regulatory impact statement procedure 13

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PART 5—REPEAL OF AMENDING ACT 14

25 Repeal of amending Act 14═══════════════

ENDNOTES 15

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

Victoria

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(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

In this Act, the Drugs, Poisons and Controlled Substances Act 1981 is called the Principal Act.

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Section Page

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s. 2

See:Act No.9719.Reprint No. 10as at30 November 2012and amendingAct Nos57/2012, 82/2012, 70/2013, 9/2014, 13/2014, 37/2014 and 47/2014.LawToday:www.legislation.vic.gov.au

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.".

s. 4Part 5—Repeal of Amending Act

Drugs, Poisons and Controlled Substances Further Amendment Act 2014No. 75 of 2014

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(2) In section 19(4) of the Principal Act, for "A licence" substitute "Unless a licence is a mobile facility licence, a licence".

(3) In section 19(5) of the Principal Act, after "applicant's premises" insert "or mobile facility (as the case requires)".


"(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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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.".


"(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";



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(b) after "inspected" insert "(as the case requires)".

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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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";



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(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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(2) In section 12D(1) 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".



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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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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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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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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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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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ENDNOTES

Endnotes


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† 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."

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