Drugs, Poisons and Controlled Substances Act 1981 No
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Authorised Version No. 120 Drugs, Poisons and Controlled Substances Act 1981 No. 9719 of 1981 Authorised Version incorporating amendments as at 1 July 2018 TABLE OF PROVISIONS Section Page 1 Short title and commencement 1 Part I—Introductory and transitional 2 2 Repeals and revocations 2 3 Savings 3 4 Definitions 5 4A Act does not apply to certain processed products 35 5 Meaning of possession 35 6 Meaning of corresponding law 36 7 Act not to derogate from provisions of certain other Acts 37 8 References in other Acts 37 9 Revocation of proclamation etc. 38 11 Act to bind the Crown 38 Part II—Poisons and controlled substances 40 Division 1—Classification 40 12 Poisons Code 40 12A The Poisons List 40 12B Requirements for labelling and other matters 42 12C What if the Poisons Code conflicts with the Act or regulations? 42 12D Incorporation of the Poisons Standard 43 12E Amendment of Code 43 12F Status of the Poisons Code 45 12G Procedure for preparation of the Poisons Code 46 12H Tabling before Parliament 46 12I Availability of Code 47 12J What if documents are not notified or made available? 48 12K Commencement of Poisons Code and incorporated materials 48 12L Evidence 49 Authorised by the Chief Parliamentary Counsel i Section Page Division 2—Authorized persons 50 13 Persons authorized to have possession etc. of poisons or controlled substances 50 13A Chinese medicine practitioners and herbal dispensers must establish therapeutic need 56 14 Restrictions on authorisations for certain health practitioners 57 14A Minister to approve scope of prescribing rights or supply of poisons 59 Division 3—Poisons Advisory Committee 61 15 Establishment and membership of Poisons Advisory Committee 61 15A Terms and conditions of appointment 62 15B Resignation and removal 63 15C Vacancies 63 15D Quorum and proceedings 64 15E Co-opted members 64 16 Sub-committees 65 17 Functions of the Committee 65 18 Officers of committee 66 Division 4—Licences, permits and warrants 66 18A Definitions 66 19 Issue of licences, permits and warrants 67 20 What a licence, permit or warrant can authorise 69 21 Duration of a licence, permit or warrant 71 22 Renewal of licences and permits 71 22A Amendment 72 22B Inspection 72 22C Suspension or cancellation 72 Division 5—Public health emergencies 73 22D When a public health emergency order may be made 73 22E Matters to be specified in a public health emergency order 74 22F What a public health emergency order authorises 74 22G Extending, amending and revoking orders 75 22H Orders under this Division to be published in Government Gazette 75 Division 8—Manufacture and sale of poisons or controlled substances 76 23 Manufacture, sale and supply of poisons or controlled substances by wholesale 76 24 Wholesaling of certain poisons 76 26 Retailing of poisons or controlled substances 77 Authorised by the Chief Parliamentary Counsel ii Section Page 27 Sale of poisons or controlled substances by persons other than manufacturers etc. 77 27A Offences concerning labelling and other matters 78 28 House to house sale of poisons or controlled substances prohibited 80 29 Sale of substances in unauthorised containers 80 30 Vending machines for poisons or controlled substances 81 Division 9—Monitored poisons database 82 30A Secretary may establish monitored poisons database 82 30B Powers of Secretary in relation to monitored poisons database 83 30C Access, use and disclosure of information on monitored poisons database 85 30D Data source entity to provide records and information to monitored poisons database 87 30E Pharmacist to check monitored poisons database before supply of monitored supply poison 87 30F Registered medical practitioner to check monitored poisons database before prescription or supply of monitored supply poison 88 30G Nurse practitioner to check monitored poisons database before prescription or supply of monitored supply poison 88 30H Authorised supplier to check monitored poisons database before prescription or supply of monitored supply poison 88 30I Offences relating to access or use of monitored poisons database unless authorised 89 30J Protection from liability for duties and functions in relation to monitored poisons database 89 Division 10—Drugs of dependence, Schedule 8 poisons, Schedule 9 poisons and Schedule 4 poisons 90 Subdivision 1—Introductory matters and records 90 31 Definitions 90 31A Division does not apply to medicinal cannabis 92 32 Record keeping in relation to sale or supply of drugs of addiction 92 32A Required notification to Secretary—drugs of dependence and Schedule 4, Schedule 8 and Schedule 9 poisons 93 Subdivision 3—Schedule 9 poisons 94 33A Application for permit to administer, supply or prescribe Schedule 9 poisons 94 33B Schedule 9 permit 95 33C Offence not to comply with Schedule 9 permit 95 33D Offence to administer Schedule 9 poisons without permit 96 Authorised by the Chief Parliamentary Counsel iii Section Page Subdivision 4—Schedule 8 poisons 96 34 Requirement to apply for Schedule 8 permit 96 34A Schedule 8 permit 97 34B Offence to administer etc. Schedule 8 poisons to drug- dependent person 98 34C Offence to administer etc. Schedule 8 poisons to person who is not a drug-dependent person 98 34D Exception to Schedule 8 permit requirement—specified circumstances 100 34E Exceptions to Schedule 8 permit requirement—multiple practitioners at medical clinic 100 34F Exception to Schedule 8 permit requirement—patients in prisons, police gaols, aged care services and hospitals 102 35 Offence not to comply with Schedule 8 permit 103 Subdivision 5—General 103 35A Secretary may specify circumstances for purposes of section 34D 103 35B Composite forms 104 36A Forgery 104 36B Unauthorized possession etc. of poison or controlled substance etc. 104 Division 10A—Administration of medication in aged care services 106 36C Effect of this Division 106 36D Definitions 106 36E Administration of drugs of dependence, Schedule 9 poisons, Schedule 8 poisons and Schedule 4 poisons in aged care services 107 36F Registered nurse to have regard to code or guideline 107 Division 11—Appeals 108 37 Appeals 108 Division 12—Sale of poisons book 108 38 Record of sale of poisons 108 38A Authorised possession of certain poisons 108 40 Sale or supply of poisons or controlled substances to persons under age 109 Division 13—Authorized officers 109 41 Secretary may authorize person to carry out functions of authorized officer 109 42 Inspections 110 42A Powers of authorized officers to access, use and disclose information on monitored poisons database 112 Authorised by the Chief Parliamentary Counsel iv Section Page 43 Duties of officers in relation to seized substances 112 44 Persons who are liable for contravention of Act 114 Division 13A—Authorised police employees and other authorised persons 116 44A Chief Commissioner may authorise person to carry out functions of authorised police employee 116 44B Powers, duties and functions of authorised police employee 117 44C Other authorised persons 117 Division 14—Offences 118 45 Time within which charge-sheet to be filed 118 46 Offences 119 47 Maximum sentence etc. 119 48 Offence to receive certain moneys etc. 120 49 Obtaining licence by fraud 120 50 Immunity of authorized officers and authorised police employees 120 Division 15—Poison baits 121 52 Setting of poison baits 121 53 Regulations 124 Division 16—Poisons in roads and waterways 124 54 Special regulations 124 Division 17—Prohibition of poisons or controlled substances 125 55 Prohibiting sale or supply of poisons or controlled substances 125 Part IIA—Trial of medically supervised injecting centre 127 Division 1—Preliminary 127 55A Object 127 55B Meaning of director and supervisor of licensed medically supervised injecting centre 128 Division 2—Medically supervised injecting centre licence 129 55C Medically supervised injecting centre may be licensed for trial period 129 55D Only one licence may be issued 130 55E Internal management protocols 130 55F Trial period for licensed medically supervised injecting centre 132 55G Notices regarding licence 132 55H Conditions of medically supervised injecting centre licence 134 Authorised by the Chief Parliamentary Counsel v Section Page 55I Disciplinary action for contravening licence condition or internal management protocols 134 55J Secretary's power to revoke licence 135 Division 3—Miscellaneous 136 55K Exemptions from criminal liability and authorizations for clients of centre 136 55L Exemptions from criminal liability and authorizations for licensee and staff 137 55M Police discretions not affected 138 55N Exemption from civil liability 138 55O Planning permit not required 140 55P Review of this Part and licensing of medically supervised injecting centre for trial period 140 55Q Regulations for this Part 141 55R Repeal of this Part and related amendments 143 Part III—Manufacture of heroin 144 56 Manufacture of heroin etc. 144 Part IIIA—Psychoactive substances 148 56A Definitions 148 56B Burden of proof 148 56C Representation that not for human consumption not a defence 148 56D Offence to produce psychoactive substance 149 56E Offence to sell or supply psychoactive substance 149 56F Offence to advertise psychoactive substance 150 Part IV—Deleterious substances and search, seizure and detention powers relating to volatile substances 151 Division 1—Deleterious substances 151 57 Definitions 151 58 Sale of deleterious substances 152 59 Matters to which this Part does not apply 153 60 Evidence 153 Division 2—Volatile substances 154 60A Purpose of Division 154 60B Police or