Drugs, Poisons and Controlled Substances (Amendment) Act 2006

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

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

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Endnotes 29

Section Page

Victoria

No. 52 of 2006

Section Page

Drugs, Poisons and Controlled Substances (Amendment) Act 2006[(]

[Assented to 15 August 2006]

Act No. 52/2006

Drugs, Poisons and Controlled Substances (Amendment) Act 2006

Act No. 52/2006

Drugs, Poisons and Controlled Substances (Amendment) Act 2006

The Parliament of Victoria enacts as follows:

Act No. 52/2006

Drugs, Poisons and Controlled Substances (Amendment) Act 2006

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

(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

s. 2

(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

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

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 insert the following definitions—

' "authorised police employee" means—

(a) a person authorised under section44A; 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

s. 4

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 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;

(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

s. 5

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;

(d) destroy the poison or drug.".

6. Immunity

s. 6

(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 column1 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 column2 of that Part of that Schedule opposite to the name of that drug of dependence; and".

(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";

(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";

s. 8

(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";

(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";

"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.

s. 8

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.4/5plus 4/5 plus 4/5. The total of these fractions is 12/5 or 2×4 which is a number greater than 1. Thisis a quantity which is not less than an aggregated commercial quantity of 2 or more drugs of dependence.".

(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 Part3 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—

s. 8

"(ii) in relation to a drug of dependence the name of which is specified in column1 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

(B) in any other case, means the quantity that is specified in column1A 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 1kilogram for amphetamine, 1 kilogram for heroin and 1kilogram for methylamphetamine so each of these quantities is not individually a large commercial quantity for trafficking.

s. 8

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 750grams 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. Thisis 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.

s. 8

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.".