Drugs, Poisons and Controlled Substances Amendment (Drugs of Dependence) Act 2011
Authorised by the Chief Parliamentary Counsel
Authorised Version
i
Drugs, Poisons and Controlled Substances
Amendment (Drugs of Dependence) Act 2011
No. 41 of 2011
TABLE OF PROVISIONS
Section Page
1 Purpose 1
2 Commencement 1
3 Principal Act 2
4 Definitions 2
5 New section 132AA inserted 2
132AA Regulations prescribing drugs of dependence 2
6 Repeal of amending Act 3
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ENDNOTES 4
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Authorised by the Chief Parliamentary Counsel
Authorised Version
1
Drugs, Poisons and Controlled
Substances Amendment (Drugs of
Dependence) Act 2011 †
No. 41 of 2011
[Assented to 6 September 2011]
The Parliament of Victoria enacts:
1 Purpose
The main purpose of this Act is to provide for
substances to be included in the Drugs, Poisons
and Controlled Substances Act 1981 as drugs of
dependence.
2 Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
Victoria
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3 Principal Act
In this Act, the Drugs, Poisons and Controlled
Substances Act 1981 is called the Principal Act.
4 Definitions
In section 4(1) of the Principal Act, in the
definition of drug of dependence after
paragraph (b) insert—
"(ba) prescribed as a drug of dependence in
accordance with section 132AA whether
specified as included in Part 1, Part 2 or
Part 3 of Schedule Eleven; or".
5 New section 132AA inserted
After section 132 of the Principal Act insert—
"132AA Regulations prescribing drugs of
dependence
(1) Subject to subsection (2), the Governor in
Council may make regulations for or with
respect to—
(a) prescribing a substance as a drug of
dependence;
(b) specifying whether that prescribed drug
of dependence is included in Part 1,
Part 2 or Part 3 of Schedule Eleven;
s. 3
See:
Act No.
9719.
Reprint No. 9
as at
1 July 2010
and
amending
Act Nos
39/2010,
43/2010,
64/2010 and
29/2011.
LawToday:
www.
legislation.
vic.gov.au
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Drugs, Poisons and Controlled Substances Amendment (Drugs of
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No. 41 of 2011
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(c) specifying quantities in relation to that
prescribed drug of dependence for the
purposes of Schedule Eleven.
(2) The Minister must not recommend the
making of regulations under subsection (1)
unless he or she is satisfied that the
substance represents—
(a) a significant risk to the health of
consumers; or
(b) a significant risk to public safety.
(3) Despite anything to the contrary in section 5
of the Subordinate Legislation Act 1994, a
regulation made under this section expires
12 months after the day on which the
regulation is made.".
6 Repeal of amending Act
This Act is repealed on the first anniversary of its
commencement.
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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Drugs, Poisons and Controlled Substances Amendment (Drugs of
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ENDNOTES
† Minister's second reading speech—
Legislative Assembly: 29 June 2011
Legislative Council: 18 August 2011
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 to provide for the
inclusion of substances as drugs of dependence and for other purposes."
Endnotes
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