Drugs, Poisons and Controlled Substances Further Amendment Act 2014

Authorised by the Chief Parliamentary Counsel Authorised Version i Drugs, Poisons and Controlled Substances Further Amendment Act 2014 No. 75 of 2014 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1 Purpose 1 2 Commencement 2 3 Principal Act 2 PART 2—LICENCES, PERMITS AND WARRANTS 3 4 Definitions 3 5 Issue of licences, permits and warrants 3 6 What a licence, permit or warrant can authorise 5 7 Inspection 5 8 Suspension or cancellation 6 9 General regulations 6 PART 3—POISONS STANDARD 7 10 Definitions 7 11 Poisons Code 8 12 The Poisons List 8 13 Requirements for labelling and other matters 8 14 Incorporation of the Commonwealth standard 8 15 Amendment of Code 9 16 Tabling before Parliament 10 17 Commencement of Poisons Code and incorporated materials 10 18 Persons authorized to have possession etc. of poisons or controlled substances 10 19 Offences concerning labelling and other matters 10 20 Sale of substances in unauthorised containers 11 PART 4—OTHER AMENDMENTS 12 21 Application of Part 12 22 Evidentiary 12 23 General regulations 13 24 Exemption from regulatory impact statement procedure 13 -- 1 of 17 -- Section Page ii Authorised by the Chief Parliamentary Counsel PART 5—REPEAL OF AMENDING ACT 14 25 Repeal of amending Act 14 ═══════════════ ENDNOTES 15 -- 2 of 17 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 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 -- 3 of 17 -- Part 1—Preliminary Drugs, Poisons and Controlled Substances Further Amendment Act 2014 No. 75 of 2014 2 Authorised by the Chief Parliamentary Counsel (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. __________________ s. 2 See: Act No. 9719. Reprint No. 10 as at 30 November 2012 and amending Act Nos 57/2012, 82/2012, 70/2013, 9/2014, 13/2014, 37/2014 and 47/2014. LawToday: www. legislation. vic.gov.au -- 4 of 17 -- Part 2—Licences, Permits and Warrants Drugs, Poisons and Controlled Substances Further Amendment Act 2014 No. 75 of 2014 3 Authorised by the Chief Parliamentary Counsel 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.". (2) In section 19(4) of the Principal Act, for "A licence" substitute "Unless a licence is a mobile facility licence, a licence". s. 4 -- 5 of 17 -- Part 2—Licences, Permits and Warrants Drugs, Poisons and Controlled Substances Further Amendment Act 2014 No. 75 of 2014 4 Authorised by the Chief Parliamentary Counsel (3) In section 19(5) of the Principal Act, after "applicant's premises" insert "or mobile facility (as the case requires)". (4) After section 19(5) of the Principal Act insert— "(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.". s. 5 -- 6 of 17 -- Part 2—Licences, Permits and Warrants Drugs, Poisons and Controlled Substances Further Amendment Act 2014 No. 75 of 2014 5 Authorised by the Chief Parliamentary Counsel 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.". (3) After section 20(1) of the Principal Act insert— "(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"; (b) after "inspected" insert "(as the case requires)". s. 6 -- 7 of 17 -- Part 2—Licences, Permits and Warrants Drugs, Poisons and Controlled Substances Further Amendment Act 2014 No. 75 of 2014 6 Authorised by the Chief Parliamentary Counsel 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". __________________ s. 8 -- 8 of 17 -- Part 3—Poisons Standard Drugs, Poisons and Controlled Substances Further Amendment Act 2014 No. 75 of 2014 7 Authorised by the Chief Parliamentary Counsel 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"; s. 10 -- 9 of 17 -- Part 3—Poisons Standard Drugs, Poisons and Controlled Substances Further Amendment Act 2014 No. 75 of 2014 8 Authorised by the Chief Parliamentary Counsel (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". s. 11 -- 10 of 17 -- Part 3—Poisons Standard Drugs, Poisons and Controlled Substances Further Amendment Act 2014 No. 75 of 2014 9 Authorised by the Chief Parliamentary Counsel (2) In section 12D(1) of the Principal Act, for "Commonwealth standard" substitute "Poisons Standard". (3) In section 12D(2) of the Principal Act, for "Commonwealth standard" substitute "Poisons Standard". (4) In section 12D(3) of the Principal Act, for "Commonwealth standard" substitute "Poisons Standard". (5) In section 12D(4) 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". s. 15 -- 11 of 17 -- Part 3—Poisons Standard Drugs, Poisons and Controlled Substances Further Amendment Act 2014 No. 75 of 2014 10 Authorised by the Chief Parliamentary Counsel 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". s. 16 -- 12 of 17 -- Part 3—Poisons Standard Drugs, Poisons and Controlled Substances Further Amendment Act 2014 No. 75 of 2014 11 Authorised by the Chief Parliamentary Counsel 20 Sale of substances in unauthorised containers In section 29(2) of the Principal Act, for "Commonwealth standard" substitute "Poisons Standard". __________________ s. 20 -- 13 of 17 -- Part 4—Other Amendments Drugs, Poisons and Controlled Substances Further Amendment Act 2014 No. 75 of 2014 12 Authorised by the Chief Parliamentary Counsel 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. s. 21 -- 14 of 17 -- Part 4—Other Amendments Drugs, Poisons and Controlled Substances Further Amendment Act 2014 No. 75 of 2014 13 Authorised by the Chief Parliamentary Counsel 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". __________________ s. 23 -- 15 of 17 -- Part 5—Repeal of Amending Act Drugs, Poisons and Controlled Substances Further Amendment Act 2014 No. 75 of 2014 14 Authorised by the Chief Parliamentary Counsel 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). ═══════════════ s. 25 -- 16 of 17 -- Drugs, Poisons and Controlled Substances Further Amendment Act 2014 No. 75 of 2014 15 Authorised by the Chief Parliamentary Counsel ENDNOTES † 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." Endnotes -- 17 of 17 --