Drugs, Poisons and Controlled Substances (Amendment) Act 2006

i Drugs, Poisons and Controlled Substances (Amendment) Act 2006 Act No. 52/2006 TABLE OF PROVISIONS Section Page 1. Purposes 1 2. Commencement 2 3. Principal Act 2 4. Definitions 3 5. New Division 13A inserted in Part II of the Principal Act 3 Division 13A—Authorised Police Employees 3 44A. Chief Commissioner may authorise person to carry out functions of authorised police employee 3 44B. Powers, duties and functions of authorised police employee 4 6. Immunity 5 7. Part V heading amended 5 8. Definitions 5 9. Possession of substance, material, documents or equipment for trafficking in a drug of dependence 11 10. Supply of drug of dependence 12 11. New section 71C inserted 12 71C. Possession of tablet press 12 12. New section 71D inserted 12 71D. Possession of precursor chemicals 12 13. Forfeiture of drug of dependence or substance before conviction—definition amended 13 14. New sections 91 to 96 inserted 13 91. Destruction of drugs of dependence—health and safety interests 13 92. Delegated police officers 16 93. Certificate and report to be provided to Chief Commissioner of Police 16 94. Request for copies 17 95. Director, Police Integrity to inspect and report 18 96. Annual reports 18 15. Regulation making power 19 16. New section 140 inserted 19 140. Transitional provisions—Drugs, Poisons and Controlled Substances (Amendment) Act 2006 19 -- 1 of 31 -- Section Page ii 17. Schedule Ten amended 22 18. Part 1 of Schedule Eleven amended 25 19. Part 2 of Schedule Eleven amended 25 20. Part 3 of Schedule Eleven substituted 26 ═══════════════ ENDNOTES 29 -- 2 of 31 -- 1 Drugs, Poisons and Controlled Substances (Amendment) Act 2006 † [Assented to 15 August 2006] The Parliament of Victoria enacts as follows: 1. Purposes The main purposes of this Act are to amend the Drugs, Poisons and Controlled Substances Act 1981 in relation to— (a) definitions and offences, including new offences, in Part V of the Act; and (b) the scheduling of drugs in Schedule Eleven to the Act; and Victoria No. 52 of 2006 -- 3 of 31 -- Act No. 52/2006 Drugs, Poisons and Controlled Substances (Amendment) Act 2006 2 (c) search warrants and the destruction or disposal of drugs of dependence and other things in certain circumstances; and (d) the authorisation of persons as authorised police employees to perform specified functions under the Act. 2. Commencement (1) Subject to sub-sections (2), (3) and (4), this Act (other than sections 9(2), 12 and 15) comes into operation on a day or days to be proclaimed. (2) Sections 9(2), 12 and 15 come into operation on a day to be proclaimed. (3) If this Act (other than sections 9(2), 12 and 15) does not come into operation before 1 May 2007, it comes into operation on that day. (4) If sections 9(2), 12 and 15 do not come into operation before 1 October 2007, those sections come 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. 7 as at 1 July 2004 and amending Act Nos 55/2003, 16/2004, 74/2004, 80/2004, 87/2004, 108/2004, 93/2005, 97/2005, 17/2006 and 18/2006. LawToday: www.dms. dpc.vic. gov.au -- 4 of 31 -- Act No. 52/2006 Drugs, Poisons and Controlled Substances (Amendment) Act 2006 3 4. Definitions In section 4(1) of the Principal Act insert the following definitions— ' "authorised police employee" means— (a) a person authorised under section 44A; or (b) a person who is a member of a class of person authorised under section 44A; "certificate of health and safety destruction or disposal" means a certificate given by an analyst or a botanist under section 91(1)(c); "delegated police officer" means— (a) a person to whom a function under section 91 has been delegated under section 92; or (b) a person who is a member of a class to which a function under section 91 has been delegated under section 92;'. 5. New Division 13A inserted in Part II of the Principal Act After Division 13 of Part II of the Principal Act insert— "Division 13A—Authorised Police Employees 44A. Chief Commissioner may authorise person to carry out functions of authorised police employee (1) For the purposes of this Act, the Chief Commissioner of Police may in writing authorise, either generally or in a particular case, a person or a class of person employed under Part 3 of the Public Administration Act 2004 in the office of the Chief s. 4 -- 5 of 31 -- Act No. 52/2006 Drugs, Poisons and Controlled Substances (Amendment) Act 2006 4 Commissioner of Police to perform the powers, duties and functions of an authorised police employee under this Division. (2) An authority under sub-section (1)— (a) may be expressed to be in force for a period specified in the authority; (b) may be expressed to be in force for an indefinite period; (c) may apply generally or in a particular case. (3) The Chief Commissioner of Police may in writing revoke or vary an authority under sub-section (1). 44B. Powers, duties and functions of authorised police employee For the purpose of assisting an authorized officer in the performance of the authorized officer's powers, duties and functions under this Act or the regulations, an authorised police employee may do all or any of the following in relation to any Schedule 9 poison, Schedule 8 poison or Schedule 4 poison or any drug of dependence— (a) receive, handle or store the poison or drug; (b) transfer, transport or deliver the poison or drug; (c) examine or analyse the poison or drug; (d) destroy the poison or drug.". s. 5 -- 6 of 31 -- Act No. 52/2006 Drugs, Poisons and Controlled Substances (Amendment) Act 2006 5 6. Immunity (1) Insert the following heading to section 50 of the Principal Act— "Immunity of authorized officers and authorised police employees". (2) In section 50 of the Principal Act— (a) after "authorized officer" insert "or authorised police employee"; (b) for "him" (where twice occurring) substitute "him or her". 7. Part V heading amended In the heading to Part V of the Principal Act, after "DEPENDENCE" insert "AND RELATED MATTERS". 8. Definitions (1) In section 70(1) of the Principal Act, in the definition of "aggregated commercial quantity" for paragraph (a)(ii) substitute— "(ii) in relation to a drug of dependence the name of which is specified in column 1 of Part 3 of Schedule Eleven— (A) if that drug of dependence is contained in or mixed with another substance and the quantity of that mixture of drug of dependence and other substance is not less than the quantity specified in column 2A of that Part of that Schedule opposite to the name of that drug of dependence, means any amount of that drug of dependence; or (B) in any other case, means the quantity that is specified in column 2 of that Part of that Schedule opposite to the name of that drug of dependence; and". s. 6 -- 7 of 31 -- Act No. 52/2006 Drugs, Poisons and Controlled Substances (Amendment) Act 2006 6 (2) In section 70(1) of the Principal Act, in Example 1 at the foot of the definition of "aggregated commercial quantity"— (a) for "200 grams of amphetamine" substitute "80 grams of amphetamine"; (b) for "250 grams" (where secondly occurring) substitute "100 grams"; (c) for " 200 /250 (amphetamine)" substitute " 80 /100 (amphetamine)". (3) In section 70(1) of the Principal Act— (a) in Example 1 at the foot of the definition of "aggregated commercial quantity"— (i) for "Example 1" substitute— "Example 1 Drug of dependence not contained in or mixed with other substance"; (ii) for "Jack would not be guilty of trafficking in a commercial quantity of each of those individual drugs of dependence" substitute "each of these quantities is not individually a commercial quantity for trafficking"; (iii) for "Jack is therefore in possession of" substitute "This is"; (b) in Example 2 at the foot of the definition of "aggregated commercial quantity"— (i) for "Example 2" substitute— "Example 2 Drug of dependence not contained in or mixed with other substance"; s. 8 -- 8 of 31 -- Act No. 52/2006 Drugs, Poisons and Controlled Substances (Amendment) Act 2006 7 (ii) for "Jill would not be guilty of trafficking in a commercial quantity of each of those individual drugs of dependence" substitute "each of these quantities is not individually a commercial quantity for trafficking"; (iii) for "Jill is therefore in possession of" substitute "This is"; (c) after the examples at the foot of the definition of "aggregated commercial quantity" insert— "Example 3 Drug of dependence contained in or mixed with other substance Fred is in possession of 400 grams of a substance containing 240 grams of heroin, 400 grams of a substance containing 200 grams of amphetamine and 8 kilograms of a substance containing 900 grams of tetrahydracannabinol. The individual commercial quantities for a mixture of one of these drugs and another substance (as set out in column 2A of Part 3 of Schedule Eleven), comprise 500 grams for heroin, 500 grams for amphetamine, and 10 kilograms for tetrahydracannabinol, so each of these quantities is not individually a commercial quantity for trafficking. To aggregate the individual quantities, determine the quantities involved as fractions of the specified commercial quantities 400/500 (quantity of mixture of substance and heroin), 400 /500 (quantity of mixture of substance and amphetamine), 800 /1000 (quantity of mixture of substance and tetrahydrocannabinol) i.e. 4 /5 plus 4 /5 plus 4/5. The total of these fractions is 12/5 or 2⋅4 which is a number greater than 1. This is a quantity which is not less than an aggregated commercial quantity of 2 or more drugs of dependence.". s. 8 -- 9 of 31 -- Act No. 52/2006 Drugs, Poisons and Controlled Substances (Amendment) Act 2006 8 (4) In section 70(1) of the Principal Act, for the note at the foot of the definition of "aggregated commercial quantity" substitute— "Note: For narcotic plants, quantities are to be calculated on the quantity specified for a drug of dependence in column 2 of Part 2 of Schedule Eleven. Quantities of drugs of dependence contained in or mixed with another substance are to be calculated on the quantities specified in column 2A of Part 3 of Schedule Eleven. In the case of a drug of dependence specified in column 1 of Part 3 of Schedule Eleven, quantities are to be calculated either on the quantity specified for the drug of dependence in column 2 of Part 3 of Schedule Eleven (if that drug is not contained in or mixed with another substance) or on the quantity specified for the drug of dependence in column 2A of Part 3 of Schedule Eleven (if that drug is contained in or mixed with another substance). If a quantity is calculated on a quantity specified in column 2 of Part 3 of Schedule Eleven in respect of a drug of dependence, any other substance contained in or mixed with that drug of dependence is not to be included in the calculation.". (5) In section 70(1) of the Principal Act, in the definition of "aggregated large commercial quantity" for paragraph (a)(ii) substitute— "(ii) in relation to a drug of dependence the name of which is specified in column 1 of Part 3 of Schedule Eleven— (A) if that drug of dependence is contained in or mixed with another substance and the quantity of that mixture of drug of dependence and other substance is not less than the quantity specified in column 1B of that Part of that Schedule opposite to the name of that drug of dependence, means any amount of that drug of dependence; or s. 8 -- 10 of 31 -- Act No. 52/2006 Drugs, Poisons and Controlled Substances (Amendment) Act 2006 9 (B) in any other case, means the quantity that is specified in column 1A of that Part of that Schedule opposite to the name of that drug of dependence; and". (6) In section 70(1) of the Principal Act, at the foot of the definition of "aggregated large commercial quantity" insert— "Examples Example 1 Drug of dependence contained in or mixed with other substance Bill is in possession of 800 grams of a substance containing 250 grams of amphetamine, 600 grams of a substance containing 200 grams of heroin, 800 grams of a substance containing 100 grams of methylamphetamine. The individual large commercial quantities for a mixture of one of these drugs and another substance (as set out in column 1B of Part 3 of Schedule Eleven), comprise 1 kilogram for amphetamine, 1 kilogram for heroin and 1 kilogram for methylamphetamine so each of these quantities is not individually a large commercial quantity for trafficking. To aggregate the individual quantities, determine the quantities involved as fractions of the specified large commercial quantities 800/1000 (quantity of mixture of substance and amphetamine), 600 /1000 (quantity of mixture of substances and heroin), 800/1000 (quantity of mixture of substance and methylamphetamine), i.e. 4/5 plus 3/5 plus 4/5. The total of these fractions is 11 /5 or 2⋅2 which is a number greater than 1. This is a quantity which is not less than an aggregated large commercial quantity of 2 or more drugs of dependence. Example 2 Drug of dependence not contained in or mixed with other substance Fredrica is in possession of 150 grams of heroin, 300 grams of amphetamine, and 450 grams of cocaine. The individual large commercial quantities for each of those drugs (as set out in Column 1A of Part 3 of Schedule Eleven), comprise 750 grams for heroin, 750 grams for amphetamine and s. 8 -- 11 of 31 -- Act No. 52/2006 Drugs, Poisons and Controlled Substances (Amendment) Act 2006 10 750 grams for cocaine so each of these quantities is not individually a large commercial quantity for trafficking. To aggregate the individual quantities, determine the quantities involved as fractions of the specified large commercial quantities 150/750 (heroin), 300/750 (amphetamine), 450 /750 (cocaine), i.e. 1 /5 plus 2/5 plus 3/5. The total of these fractions is 6/5 or 1⋅2 which is a number greater than 1. This is a quantity which is not less than an aggregated large commercial quantity of 2 or more drugs of dependence.". (7) In section 70(1) of the Principal Act, for the note at the foot of the definition of "aggregated large commercial quantity" substitute— "Note: For narcotic plants, quantities are to be calculated on the quantity specified for a drug of dependence in column 1A of Part 2 of Schedule Eleven. Quantities of drugs of dependence contained in or mixed with another substance are to be calculated on the quantities specified in column 1B of Part 3 of Schedule Eleven. In the case of a drug of dependence specified in column 1 of Part 3 of Schedule Eleven, quantities are to be calculated either on the quantity specified for the drug of dependence in column 1A of Part 3 of Schedule Eleven (if that drug is not contained in or mixed with another substance) or on the quantity specified for the drug of dependence in column 1B of Part 3 of Schedule Eleven (if that drug is contained in or mixed with another substance). If a quantity is calculated on a quantity specified in column 1A of Part 3 of Schedule Eleven in respect of a drug of dependence, any other substance contained in or mixed with that drug of dependence is not to be included in the calculation.". (8) In section 70(1) of the Principal Act, in the definition of "cultivate"— (a) in paragraph (b), for "plant;" substitute "plant; or"; (b) after paragraph (b) insert— "(c) graft, divide or transplant a narcotic plant;". s. 8 -- 12 of 31 -- Act No. 52/2006 Drugs, Poisons and Controlled Substances (Amendment) Act 2006 11 (9) In section 70(1) of the Principal Act, in the definition of "narcotic plant", after "Eleven" insert "and includes a cutting of such a plant, whether or not the cutting has roots". (10) In section 70(1) of the Principal Act, in the definition of "traffickable quantity", for paragraph (c) substitute— "(c) the name of which is specified in column 1 of Part 3 of Schedule Eleven— (i) if that drug of dependence is contained in or mixed with another substance and the quantity of that mixture of drug of dependence and other substance is not less than the quantity specified in column 3 of that Part of that Schedule opposite to the name of that drug of dependence, means any amount of that drug of dependence; or (ii) in any other case, means the quantity that is specified in column 3A of that Part of that Schedule opposite to the name of that drug of dependence;". 9. Possession of substance, material, documents or equipment for trafficking in a drug of dependence (1) At the end of section 71A of the Principal Act insert— "(2) Nothing in this section is limited by section 71C.". (2) After section 71A(2) of the Principal Act insert— "(3) Nothing in this section is limited by section 71D.". s. 9 -- 13 of 31 -- Act No. 52/2006 Drugs, Poisons and Controlled Substances (Amendment) Act 2006 12 10. Supply of drug of dependence In section 71B(1)(a) of the Principal Act, for "child" (where thirdly occurring) substitute "person, whether a child or adult". 11. New section 71C inserted After section 71B of the Principal Act insert— "71C. Possession of tablet press A person who, without being authorized by or licensed under this Act or the regulations (if any) to do so or otherwise without a lawful excuse, possesses a tablet press is guilty of an indictable offence and liable to a penalty of not more than 600 penalty units or level 6 imprisonment (5 years maximum) or both.". 12. New section 71D inserted Before section 72 of the Principal Act insert— "71D. Possession of precursor chemicals A person who, without being authorized by or licensed under this Act or the regulations (if any) to do so or otherwise without a lawful excuse, possesses a prescribed precursor chemical in a quantity that is not less the prescribed quantity applicable to that precursor chemical is guilty of an indictable offence and liable to a penalty of not more than 600 penalty units or level 6 imprisonment (5 years maximum) or both.". s. 10 -- 14 of 31 -- Act No. 52/2006 Drugs, Poisons and Controlled Substances (Amendment) Act 2006 13 13. Forfeiture of drug of dependence or substance before conviction—definition amended In section 83(3) of the Principal Act— (a) in paragraph (b), for "plant." substitute "plant; and"; (b) after paragraph (b) insert— "(c) the grafting, dividing or transplanting of a narcotic plant.". 14. New sections 91 to 96 inserted After section 90 of the Principal Act insert— "91. Destruction of drugs of dependence— health and safety interests (1) Without limiting this Part, if a member of the police force carrying out a function under this Act or any other Act or law— (a) enters— (i) any public land for the purposes of searching that land or premises on that land or any vehicle, boat, vessel or aircraft on that land or on those premises; or (ii) any land or premises other than public land or premises on public land with the written or oral permission of either the owner or occupier of that land or those premises for the purposes of searching that land or premises or any vehicle, boat, vessel or aircraft on that land or on those premises; and s. 13 -- 15 of 31 -- Act No. 52/2006 Drugs, Poisons and Controlled Substances (Amendment) Act 2006 14 (b) finds on that land or those premises— (i) a drug of dependence or a substance that contains a drug of dependence; or (ii) a poison or controlled substance; or (iii) 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 (c) an analyst or botanist within the meaning of section 120 certifies in writing to the member of the police force that destruction or disposal of the thing is required in the interests of health or safety— the drug of dependence, poison, controlled substance, instrument, device or substance, as the case requires, may be destroyed or disposed of in accordance with this section. (2) For the purposes of this section, the Chief Commissioner of Police or a delegated police officer may authorise the destruction or disposal of, or cause to be destroyed or disposed of, a thing referred to in sub-section (1)(b) after causing to be taken, where practicable, any samples of it as are required for the purposes of this Act. s. 14 -- 16 of 31 -- Act No. 52/2006 Drugs, Poisons and Controlled Substances (Amendment) Act 2006 15 (3) A thing referred to in sub-section (1)(b)— (a) may be disposed of or destroyed on the land or premises on which the thing was found, if practicable; or (b) if it is not practicable to comply with paragraph (a), may be seized and carried away for disposal or destruction at another place. (4) If a sample of a thing referred to in sub- section (1)(b) taken in accordance with sub- section (2) is sufficient to enable an analysis or examination to be made both in the investigation of an offence against a provision of Part V and on behalf of a person charged with that offence, on request by that person or that person's legal representative, a part of the sample taken sufficient for analysis or examination must be delivered to an analyst or botanist within the meaning of section 120 nominated by that person or that person's legal representative. (5) Without limiting any other power under this Act, the Chief Commissioner of Police or a delegated police officer may authorise the disposal or destruction of, or cause to be destroyed or disposed of, any sample of a thing referred to in sub-section (1)(b) taken in accordance with this section where that sample of that thing is no longer required for the purpose of any subsequent proceedings. s. 14 -- 17 of 31 -- Act No. 52/2006 Drugs, Poisons and Controlled Substances (Amendment) Act 2006 16 92. Delegated police officers (1) The Chief Commissioner of Police may delegate, either generally or in a particular case, the function under section 91 of disposing of or destroying a thing referred to in section 91(1)(b) to— (a) a member of the police force of or above the rank of superintendent; or (b) a class of member of the police force of or above the rank of superintendent. (2) A delegation under sub-section (1) must be in writing. 93. Certificate and report to be provided to Chief Commissioner of Police (1) If a delegated police officer destroys or disposes of a thing referred to in section 91(1)(b) in accordance with section 91(2), the officer must, as soon as practicable after doing so, provide the Chief Commissioner of Police with— (a) a copy of the certificate of health and safety destruction or disposal; and (b) a written report containing the details required by sub-section (3). (2) If the Chief Commissioner of Police destroys or disposes of a thing referred to in section 91(1)(b) in accordance with section 91(2), the Chief Commissioner of Police must, as soon as practicable after doing so, ensure that a copy of the certificate of health and safety destruction or disposal and a written report containing the details required by sub- section (3) are made and retained. s. 14 -- 18 of 31 -- Act No. 52/2006 Drugs, Poisons and Controlled Substances (Amendment) Act 2006 17 (3) A written report under sub-section (1) or (2) must contain the following— (a) details of the samples that were taken; and (b) details of the things that were seized, destroyed or disposed of; and (c) details of the circumstances surrounding the seizure, destruction and disposal. (4) The Chief Commissioner of Police must keep a copy, or cause a copy to be kept, of each certificate of health and safety destruction or disposal and each report provided to the Chief Commissioner of Police in accordance with sub-section (1) or made and retained under sub-section (2). 94. Request for copies (1) The following persons may request in writing a copy of a report or a certificate of health and safety destruction or disposal kept by the Chief Commissioner of Police under section 93— (a) the owner or occupier of land or premises referred to in section 91(1)(a)(ii) at the time when anything referred to in section 91(1)(b) was seized, disposed of or destroyed in accordance with section 91 or that person's legal representative; (b) the owner of any vehicle, boat, vessel or aircraft on land or premises referred to in paragraph (a) at the time when any thing referred to in section 91(1)(b) was seized, disposed of or destroyed in accordance with section 91 or that person's legal representative; s. 14 -- 19 of 31 -- Act No. 52/2006 Drugs, Poisons and Controlled Substances (Amendment) Act 2006 18 (c) a person charged with an offence against a provision of Part V in respect of anything referred to in section 91(1)(b) which was seized, disposed of or destroyed in accordance with section 91 or that person's legal representative. (2) The Chief Commissioner of Police must, as soon as practicable after a request under sub- section (1), cause that person to be provided with a copy of the report or the certificate of health and safety destruction or disposal requested. 95. Director, Police Integrity to inspect and report (1) The Director, Police Integrity within the meaning of the Police Regulation Act 1958 must, at least once each financial year, inspect the certificates of health and safety destruction or disposal and reports held by the Chief Commissioner of Police under section 93 for the purpose of reporting on the operation of that section. (2) The Director, Police Integrity within the meaning of the Police Regulation Act 1958 must report the results of an inspection under sub-section (1) to the Minister for Police and Emergency Services. 96. Annual reports (1) As soon as practicable after the end of each calendar year, the Chief Commissioner of Police must submit a report to the Minister for Police and Emergency Services that includes the following information— s. 14 -- 20 of 31 -- Act No. 52/2006 Drugs, Poisons and Controlled Substances (Amendment) Act 2006 19 (a) the number of certificates of health and safety destruction or disposal which are provided to the Chief Commissioner of Police under section 93; and (b) any other information relating to the seizure, disposal and destruction of things referred to in section 91(1)(b) that the Minister considers appropriate. (2) The Minister for Police and Emergency Services must cause a report under sub- section (1) to be laid before each House of the Parliament within 12 sitting days of that House after it is received by the Minister.". 15. Regulation making power After section 132(zca) of the Principal Act insert— "(zcb) for the purposes of Part V, prescribing precursor chemicals and the prescribed quantity of any precursor chemical, including different quantities for different chemicals;". 16. New section 140 inserted After section 139 of the Principal Act insert— '140. Transitional provisions—Drugs, Poisons and Controlled Substances (Amendment) Act 2006 (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. s. 15 -- 21 of 31 -- Act No. 52/2006 Drugs, Poisons and Controlled Substances (Amendment) Act 2006 20 (2) For the purpose of sub-section (1), if an offence is alleged to have been committed between two dates, one before and one on or after the commencement of section 8 of the Drugs, Poisons and Controlled Substances (Amendment) Act 2006, the offence is alleged to have been committed before that commencement. (3) The amendments made to section 71B of this Act by section 10 of the Drugs, Poisons and Controlled Substances (Amendment) Act 2006 apply only to offences alleged to have been committed after the commencement of section 10 of that Act. (4) For the purpose of sub-section (3), if an offence is alleged to have been committed between two dates, one before and one on or after the commencement of section 10 of the Drugs, Poisons and Controlled Substances (Amendment) Act 2006, the offence is alleged to have been committed before that commencement. (5) The amendments made to section 83(3) by section 13 of the Drugs, Poisons and Controlled Substances (Amendment) Act 2006 apply only to offences alleged to have been committed after the commencement of section 13 of that Act. (6) For the purpose of sub-section (5), if an offence is alleged to have been committed between two dates, one before and one on or after the commencement of section 13 of the Drugs, Poisons and Controlled Substances (Amendment) Act 2006, the offence is alleged to have been committed before that commencement. s. 16 -- 22 of 31 -- Act No. 52/2006 Drugs, Poisons and Controlled Substances (Amendment) Act 2006 21 (7) The amendments made to Part 1 of Schedule Eleven by section 18 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. (8) For the purpose of sub-section (7), if an offence is alleged to have been committed between two dates, one before and one on or after the commencement of section 18 of the Drugs, Poisons and Controlled Substances (Amendment) Act 2006, the offence is alleged to have been committed before that commencement. (9) The amendments made to Part 2 of Schedule Eleven by section 19 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. (10) For the purpose of sub-section (9), if an offence is alleged to have been committed between two dates, one before and one on or after the commencement of section 19 of the Drugs, Poisons and Controlled Substances (Amendment) Act 2006, the offence is alleged to have been committed before that commencement. (11) The amendments made to Part 3 of Schedule Eleven by section 20 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. s. 16 -- 23 of 31 -- Act No. 52/2006 Drugs, Poisons and Controlled Substances (Amendment) Act 2006 22 (12) For the purpose of sub-section (11), if an offence is alleged to have been committed between two dates, one before and one on or after the commencement of section 20 of the Drugs, Poisons and Controlled Substances (Amendment) Act 2006, the offence is alleged to have been committed before that commencement. (13) A search warrant issued in or to the effect of the form in Schedule Ten, as in force immediately before the commencement of section 17 of the Drugs, Poisons and Controlled Substances (Amendment) Act 2006 and not executed (whether wholly or in part) before the commencement of that section, on and from that commencement may be executed according to its terms despite not being in the form of Schedule Ten as amended by section 17 of the Drugs, Poisons and Controlled Substances (Amendment) Act 2006.'. 17. Schedule Ten amended (1) In Schedule Ten to the Principal Act— (a) for "is intended to be used for the purpose of committing" substitute "will afford evidence of the commission of"; (b) omit "to authorize and require you"; (c) for "to hold" substitute "to direct you to hold". (2) In Schedule Ten to the Principal Act, for the words and expressions beginning "*(1) to enter and search" and ending "according to law." substitute— s. 17 -- 24 of 31 -- Act No. 52/2006 Drugs, Poisons and Controlled Substances (Amendment) Act 2006 23 "*(1) to authorize you to enter and search the said *land or *premises for such *things or *documents and, if any such *things or *documents be found, to seize and carry them before the Magistrates' Court so that the matter may be dealt with according to law or to destroy or dispose of them in accordance with section 81 of the Drugs, Poisons and Controlled Substances Act 1981.". (3) In Schedule Ten to the Principal Act, after "*Strike out whichever is not applicable" insert— "Note: Under section 81(3) of the Drugs, Poisons and Controlled Substances Act 1981, a member of the police force to whom a warrant under section 81(1) of that Act is addressed 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 named in the warrant; and (b) arrest all persons on or in that land or those premises who are found offending against a provision of that Act or the regulations made under that Act; and (c) search the land or premises or any vehicle, boat or aircraft or any person found on or in that land or those premises or in any vehicle, boat or aircraft thereon or therein; 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 s. 17 -- 25 of 31 -- Act No. 52/2006 Drugs, Poisons and Controlled Substances (Amendment) Act 2006 24 (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 (ii) an analyst or botanist within the meaning of section 120 of that Act certifies in writing to the member of the police force executing the warrant that destruction or disposal of the thing is required in the interests of health or safety— destroy or dispose of the thing after taking, where practicable, any samples of it as are required for the purposes of that Act.". s. 17 -- 26 of 31 -- Act No. 52/2006 Drugs, Poisons and Controlled Substances (Amendment) Act 2006 25 18. Part 1 of Schedule Eleven amended In Part 1 of Schedule Eleven to the Principal Act the items relating to— (a) "2-(2-CHLOROPHENYL)-2- (METHYLAMINO) CYCLOHEXANONE (KETAMINE)"; and (b) "EPHEDRINE (when in excess of 20 grams)"; and (c) "HARMINE"; and (d) "HARMALINE"; and (e) "PHENYL-2-PROPANONE"; and (f) "PSEUDOEPHEDRINE (when in excess of 20⋅0 grams)"— are repealed. 19. Part 2 of Schedule Eleven amended (1) In Part 2 of Schedule Eleven to the Principal Act, after "Papaver somniferum L." insert ", other than its seed". (2) In Part 2 of Schedule Eleven to the Principal Act— (a) in the item relating to "Papaver bracteatum Lindley"— (i) in Column 1A insert "1000 plants"; (ii) in Column 2, after "10⋅0 kg" insert "or 250 plants"; (iii) in Column 3, after "100⋅0 g" insert "or 50 plants"; (iv) in Column 4 insert "5 plants"; s. 18 -- 27 of 31 -- Act No. 52/2006 Drugs, Poisons and Controlled Substances (Amendment) Act 2006 26 (b) in the item relating to "Papaver somniferum L."— (i) in Column 1A insert "1000 plants"; (ii) in Column 2, after "10⋅0 kg" insert "or 250 plants"; (iii) in Column 3, after "100⋅0 g" insert "or 50 plants"; (iv) in Column 4 insert "5 plants". 20. Part 3 of Schedule Eleven substituted For Part 3 of Schedule Eleven to the Principal Act substitute— "PART 3 Column 1 Drug Column 1A (Large Commercial Quantity) Quantity Column 1B (Large Commercial Quantity) Quantity of mixture of substance and drug of dependence Column 2 (Commercial Quantity) Quantity Column 2A (Commercial Quantity) Quantity of mixture of substance and drug of dependence Column 2B (Automatic Forfeiture Quantity) Quantity Column 3 (Traffickable Quantity) Quantity of mixture of substance and drug of dependence Column 3A (Traffickable Quantity) Quantity Column 4 (Small Quantity) Quantity AMPHETAMINE 750⋅0 g 1⋅0 kg 100⋅0 g 500⋅0 g 30`0 g 3⋅0 g 0⋅75 g BUPRENORPHINE 2·0g COCAINE 750⋅0 g 1⋅0 kg 250⋅0 g 500⋅0 g 30⋅0 g 3⋅0 g 1⋅0 g DIACETYLMORPHINE (Heroin) 750⋅0 g 1⋅0 kg 250⋅0 g 500⋅0 g 30⋅0 g 3⋅0 g 1⋅0 g EPHEDRINE (when in excess of 10⋅0 g) 750⋅0 g 100⋅0 g 20⋅0 g HARMALINE 1⋅25 kg 20⋅0 g HARMINE 1⋅25 kg 20⋅0 g HARMINES (not included elsewhere in this Part) 1⋅25 kg 20⋅0 g KETAMINE 1⋅0 kg 500⋅0 g 3⋅0 g LYSERGIC ACID DIETHYLAMIDE 150⋅0 mg 50⋅0 mg 1⋅5 g 150 mg 20 mg METHYLAMPHETAMINE 750⋅0 g 1⋅0 kg 100⋅0 g 500⋅0 g 30⋅0 g 3⋅0 g 0⋅75 g METHYLENEDIOXY- AMPHETAMINES 750⋅0 g 1⋅0 kg 100⋅0 g 500⋅0 g 30⋅0 g 3⋅0 g 0⋅75 g 3,4-METHYLENEDIOXY- AMPHETAMINE (MDA) 750⋅0 g 1⋅0 kg 100⋅0 g 500⋅0 g 30⋅0 g 3⋅0 g 0⋅75 g 3,4-METHYLENEDIOXY-N- METHYLAMPHETAMINE (MDMA) 750⋅0 g 1⋅0 kg 100⋅0 g 500⋅0 g 30⋅0 g 3⋅0 g 0⋅75 g PHENYL-2-PROPANONE 1⋅0 kg 500⋅0 g 3⋅0 g PSEUDOEPHEDRINE (when in excess of 10⋅0g) 750⋅0 g 100⋅0 g 20⋅0 g s. 20 -- 28 of 31 -- Act No. 52/2006 Drugs, Poisons and Controlled Substances (Amendment) Act 2006 27 Column 1 Drug Column 1A (Large Commercial Quantity) Quantity Column 1B (Large Commercial Quantity) Quantity of mixture of substance and drug of dependence Column 2 (Commercial Quantity) Quantity Column 2A (Commercial Quantity) Quantity of mixture of substance and drug of dependence Column 2B (Automatic Forfeiture Quantity) Quantity Column 3 (Traffickable Quantity) Quantity of mixture of substance and drug of dependence Column 3A (Traffickable Quantity) Quantity Column 4 (Small Quantity) Quantity TETRAHYDROCANNABINOL 3⋅0 kg 25⋅0 kg 1⋅0 kg 10⋅0 kg 600⋅0 g 25⋅0 g 1⋅0 g ANABOLIC AND ANDROGENIC STEROIDAL AGENTS, other than in implant preparations for use in animals 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g ATAMESTANE 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g BOLANDIOL 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g BOLASTERONE 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g BOLAZINE 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g BOLDENONE 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g BOLENOL 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g CALUSTERONE 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g CHLORANDROSTENOLONE 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g CLOSTEBOL 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g DANAZOL 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g DIHYDROLONE 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g DIMETHANDROSTANOLONE 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g DROSTANOLONE 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g ENESTEBOL 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g EPITIOSTANOL 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g ETHYLDIENOLONE 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g ETHYLOESTRENOL 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g FLUOXYMESTERONE 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g FORMEBOLONE 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g FURAZABOL 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g HYDROXYSTENOZOL 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g MEBOLAZINE 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g MEPITIOSTANE 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g MESABOLONE 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g MESTANOLONE 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g MESTEROLONE 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g METHANDIENONE 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g METHANDRIOL 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g METHENOLONE 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g METHYLCLOSTEBOL 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g METHYLTESTOSTERONE 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g METHYLTRIENOLONE 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g METRIBOLONE 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g MIBOLERONE 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g NANDROLONE 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g NORANDROSTENOLONE 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g s. 20 -- 29 of 31 -- Act No. 52/2006 Drugs, Poisons and Controlled Substances (Amendment) Act 2006 28 Column 1 Drug Column 1A (Large Commercial Quantity) Quantity Column 1B (Large Commercial Quantity) Quantity of mixture of substance and drug of dependence Column 2 (Commercial Quantity) Quantity Column 2A (Commercial Quantity) Quantity of mixture of substance and drug of dependence Column 2B (Automatic Forfeiture Quantity) Quantity Column 3 (Traffickable Quantity) Quantity of mixture of substance and drug of dependence Column 3A (Traffickable Quantity) Quantity Column 4 (Small Quantity) Quantity NORBOLETHONE 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g NORCLOSTEBOL 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g NORETHANDROLONE 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g NORMETHANDRONE 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g OVANDROTONE 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g OXABOLONE 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g OXANDROLONE 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g OXYMESTERONE 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g OXYMETHOLONE 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g PRASTERONE 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g PROPETANDROL 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g QUINBOLONE 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g ROXIBOLONE 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g SILANDRONE 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g STANOLONE 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g STANOZOLOL 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g STENBOLONE 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g TESTOLACTONE 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g TESTOSTERONE, other than in implant preparations for use in animals 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g THIOMESTERONE 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g TRENBOLONE, other than in implant preparations for use in animals 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g TRESTOLONE 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g Note: kg = kilogram g = gram mg = milligram". ═══════════════ s. 20 -- 30 of 31 -- Act No. 52/2006 Drugs, Poisons and Controlled Substances (Amendment) Act 2006 29 ENDNOTES † Minister's second reading speech— Legislative Assembly: 1 June 2006 Legislative Council: 20 July 2006 The long title for the Bill for this Act was "to amend the Drugs, Poisons and Controlled Substances Act 1981 in relation to definitions and offences, including new offences, in Part V of that Act, the scheduling of drugs in Schedule Eleven to that Act, search warrants, the disposal or destruction of drugs of dependence and other things in certain circumstances and to provide for authorised police employees to perform specified functions under the Act and for other purposes." Endnotes -- 31 of 31 --