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Drugs, Poisons and Controlled Substances Amendment (Medically Supervised Injecting Centre) Bill 2023

      Drugs, Poisons and Controlled Substances
     Amendment (Medically Supervised Injecting
                  Centre) Act 2023
                             No.           of 2023


                       TABLE OF PROVISIONS
Clause                                                                Page

Part 1--Preliminary                                                      1
 1       Purpose                                                        1
 2       Commencement                                                   3
 3       Principal Act                                                  3
Part 2--Centre to operate on ongoing basis                               4
 4       Heading to Part IIA substituted                                4
 5       Object                                                         4
 6       Heading to section 55C amended                                 4
 7       Section 55F amended                                            4
 8       Section 55R repealed                                           5
Part 3--Consecutive licences                                             6
Division 1--Allowing more than one licence                               6
 9       Section 55D substituted                                        6
Division 2--Commencement of subsequent licence immediately
after revocation of previous licence                                    7
 10 Trial period for licensed medically supervised injecting centre     7
 11 Notices regarding licence                                           7
 12 Secretary's power to revoke licence                                 7
Division 3--Transitional obligations                                     8
 13 New sections 55EA and 55EB inserted                                  8
 14 Conditions of medically supervised injecting centre licence         12
 15 Disciplinary action for contravening licence condition or
    internal management protocols                                       12
 16 Secretary's power to revoke licence                                 12
Division 4--Surrender of licence                                         13
 17 Trial period for licensed medically supervised injecting centre     13
 18 Secretary's power to revoke licence                                 13



                                      i
Clause                                                               Page

Division 5--Technical amendments                                        13
 19 References to only one licence                                     13
 20 References to only one licensee                                    14
Part 4--Transfer of licence                                             15
 21 Notices regarding licence                                          15
 22 New section 55JA inserted                                          15
Part 5--Directors and supervisors                                       18
 23 Meaning of director and supervisor of licensed medically
    supervised injecting centre--change of director's role              18
 24 Meaning of director and supervisor of licensed medically
    supervised injecting centre--registered nurse may be supervisor     18
 25 Meaning of director and supervisor of licensed medically
    supervised injecting centre--director may also be supervisor        19
 26 New section 149 inserted                                           19
Part 6--Further review                                                  21
 27 Disciplinary action for contravening licence condition or
    internal management protocols                                      21
 28 Secretary's power to revoke licence                                21
 29 Section 55PA inserted                                              21
Part 7--Delegation of power to approve internal management
procedures                                                             23
 30 Internal management protocols                                      23
Part 8--Planning schemes and planning amendments                        24
 31 Planning permit not required                                       24
Part 9--Suspension and reinstatement of licences                        25
 32 Notices regarding licence                                          25
 33 Disciplinary action for contravening licence condition or
    internal management protocols                                      25
Part 10--Minor and technical amendments                                 27
 34 Definitions                                                        27
 35 References to entities                                             27
 36 Statute law revision                                               27
Part 11--Repeal of this Act                                             28
 37 Repeal of this Act                                                 28
                               ═════════════
Endnotes                                                               29
 1       General information                                           29



                                     ii
    Drugs, Poisons and Controlled
  Substances Amendment (Medically
 Supervised Injecting Centre) Act 2023 
                    No.           of 2023

                           [Assented to                          ]


The Parliament of Victoria enacts:

                 Part 1--Preliminary
     1 Purpose
             The purpose of this Act is to amend the Drugs,
             Poisons and Controlled Substances Act 1981--
              (a) to provide for a licensed medically
                  supervised injecting centre to operate on an
                  ongoing basis by--




                              1
Drugs, Poisons and Controlled Substances Amendment (Medically
             Supervised Injecting Centre) Act 2023
                       No.       of 2023
                     Part 1--Preliminary


                  (i) providing that a medically supervised
                      injecting centre licence may be
                      renewed more than once; and
                 (ii) providing that the Part of that Act that
                      provides for the centre and the licence
                      is not automatically repealed on the
                      sixth anniversary of that Part's
                      commencement; and
           (b) to provide that--
                  (i) more than one medically supervised
                      injecting centre licence may be issued;
                      and
                 (ii) there must not be more than one such
                      licence in force at a time; and
            (c) to provide for the commencement of a new
                medically supervised injecting centre licence
                following the revocation of an existing
                licence, including by--
                  (i) providing for the timing of the
                      revocation of the existing licence and
                      the commencement of the new licence;
                      and
                 (ii) providing for agreements and deeds
                      under which the licensee is required to
                      facilitate the transition of services if the
                      existing licence is to be revoked and a
                      new licence issued; and
                (iii) providing for a licence to be revoked on
                      the request of a licensee but not to be
                      surrendered by the licensee; and
           (d) to provide for the transfer of a medically
               supervised injecting centre licence; and




                             2
Drugs, Poisons and Controlled Substances Amendment (Medically
             Supervised Injecting Centre) Act 2023
                       No.       of 2023
                     Part 1--Preliminary


            (e) to make changes in relation to the roles of
                the supervisors and the director of the
                licensed medically supervised injecting
                centre; and
            (f) to provide for a further review in relation to
                the licensed medically supervised injecting
                centre; and
           (g) to allow the Secretary to delegate certain
               powers in relation to the internal
               management protocols of the licensed
               medically supervised injecting centre; and
           (h) to make further provision regarding how
               planning schemes and planning amendments
               operate in relation to the licensed medically
               supervised injecting centre; and
            (i) to make further provision in relation to the
                procedures for suspending and reinstating a
                medically supervised injecting centre
                licence; and
            (j) to make minor and technical changes.
 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 28 June 2023, 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.




                             3
 Drugs, Poisons and Controlled Substances Amendment (Medically
              Supervised Injecting Centre) Act 2023
                        No.       of 2023
           Part 2--Centre to operate on ongoing basis



Part 2--Centre to operate on ongoing basis
  4 Heading to Part IIA substituted
           For the heading to Part IIA of the Principal Act
           substitute--

             "Part IIA--Medically supervised
                     injecting centre".
  5 Object
           In section 55A of the Principal Act omit "the trial
           of".
  6 Heading to section 55C amended
           In the heading to section 55C of the Principal Act
           omit "for trial period".
  7 Section 55F amended
       (1) For the heading to section 55F of the Principal Act
           substitute--
           "Commencement, expiry and extension of
           medically supervised injecting centre licence".
       (2) In section 55F(2) of the Principal Act, for
           "24 months" substitute "4 years".
       (3) In section 55F(3) of the Principal Act, for
           "to change the day specified under subsection
           (1)(b) to a day that is not later than 36 months
           after the day previously specified under that
           provision." substitute "to specify a new day as the
           day until which the licence will remain in force
           unless sooner surrendered or revoked.".




                              4
Drugs, Poisons and Controlled Substances Amendment (Medically
             Supervised Injecting Centre) Act 2023
                       No.       of 2023
          Part 2--Centre to operate on ongoing basis


      (4) After section 55F(3) of the Principal Act insert--
        "(3A) A day specified under subsection (3) must
              not be more than 4 years after the day
              previously specified in the licence as the day
              until which the licence will remain in force
              unless sooner surrendered or revoked.".
      (5) In section 55F(4) of the Principal Act, for
          "only once." substitute "more than once.".
 8 Section 55R repealed
          Section 55R of the Principal Act is repealed.




                             5
Drugs, Poisons and Controlled Substances Amendment (Medically
             Supervised Injecting Centre) Act 2023
                       No.       of 2023
                 Part 3--Consecutive licences



        Part 3--Consecutive licences
Division 1--Allowing more than one licence
 9 Section 55D substituted
          For section 55D of the Principal Act substitute--
        "55D Limit on number of medically supervised
             injecting centre licences
           (1) There must not be more than one medically
               supervised injecting centre licence in force at
               the same time.
           (2) If--
                 (a) a medically supervised injecting centre
                     licence is issued; and
                 (b) at the time that the licence would
                     commence, there is already another
                     licence in force--
                the licence referred to in paragraph (a)
                becomes invalid at that time.
                Note
                Section 55F(1B) provides that if the previous licence
                is to be revoked on the same day that the new licence
                is to commence, the new licence commences
                immediately after that revocation. Accordingly, the
                previous licence will not be in force at the time that
                the new licence commences, and so the new licence
                will not become invalid under subsection (2).".




                               6
  Drugs, Poisons and Controlled Substances Amendment (Medically
               Supervised Injecting Centre) Act 2023
                         No.       of 2023
                   Part 3--Consecutive licences


Division 2--Commencement of subsequent licence
 immediately after revocation of previous licence
  10 Trial period for licensed medically supervised
     injecting centre
            After section 55F(1) of the Principal Act insert--
          "(1A) Without limiting subsection (1)(a), the day
                specified under that provision may be the
                same as the day that is specified under
                section 55G(3)(b) as the day on which
                another medically supervised injecting centre
                licence that is already in force is to be
                revoked.
           (1B) If a day is specified under subsection (1)(a)
                as described in subsection (1A), the
                medically supervised injecting centre licence
                in which that day is specified commences
                immediately after the revocation of the other
                licence referred to in subsection (1A).
                  Note
                  A medically supervised injecting centre licence
                  revoked under section 55J(1) is revoked on the first
                  moment of the day specified in the instrument of
                  revocation--see section 55J(2).".
  11 Notices regarding licence
            For section 55G(3)(b) of the Principal Act
            substitute--
            "(b) if the licence is revoked, the day of the
                 revocation; and".
  12 Secretary's power to revoke licence
            At the end of section 55J of the Principal Act
            insert--
            "(2) A medically supervised injecting centre
                 licence revoked under subsection (1) is
                 revoked on the first moment of the day


                                 7
Drugs, Poisons and Controlled Substances Amendment (Medically
             Supervised Injecting Centre) Act 2023
                       No.       of 2023
                 Part 3--Consecutive licences


                specified by the Secretary in respect of the
                revocation under section 55G(3)(b).".

     Division 3--Transitional obligations
13 New sections 55EA and 55EB inserted
          After section 55E of the Principal Act insert--
      "55EA Agreements and deeds as to transitional
            obligations
           (1) A person who holds, or proposes to hold, a
               medically supervised injecting centre licence
               (the responsible person) may--
                 (a) enter into an agreement with the
                     Secretary; or
                 (b) execute a deed in favour of the
                     Secretary and in terms approved by the
                     Secretary--
                under which the responsible person is
                required to comply with transitional
                obligations set out in the agreement or deed.
           (2) For the purposes of subsection (1), a
               transitional obligation is an obligation
               whose purpose is ensuring that the operation
               of a medically supervised injecting centre at
               the permitted site is, as far as is practicable,
               not interrupted in the event that--
                 (a) the licence referred to in subsection (1)
                     is revoked; and
                 (b) a new medically supervised injecting
                     centre licence is issued, or is to be
                     issued, to another person
                     (the successor).




                             8
Drugs, Poisons and Controlled Substances Amendment (Medically
             Supervised Injecting Centre) Act 2023
                       No.       of 2023
                 Part 3--Consecutive licences


           (3) Without limiting subsection (2), transitional
               obligations may include the following--
                 (a) an obligation that the responsible
                     person will give the successor or
                     another person access to the licensed
                     medically supervised injecting centre
                     for the purpose set out in
                     subsection (2);
                 (b) an obligation that the responsible
                     person will, subject to any agreed
                     consideration, transfer to the successor
                     or another person records, plant,
                     equipment or other things for the
                     purpose set out in subsection (2);
                 (c) an obligation that the responsible
                     person will facilitate the successor
                     employing or engaging persons
                     currently employed or engaged by the
                     responsible person in relation to the
                     licensed medically supervised injecting
                     centre for the purpose set out in
                     subsection (2);
                 (d) an obligation that the responsible
                     person will provide other assistance to
                     the successor or to another person for
                     the purpose set out in subsection (2);
                 (e) an obligation that the responsible
                     person will continue to operate the
                     licensed medically supervised injecting
                     centre until the revocation referred to in
                     subsection (2)(a) takes effect.




                             9
Drugs, Poisons and Controlled Substances Amendment (Medically
             Supervised Injecting Centre) Act 2023
                       No.       of 2023
                 Part 3--Consecutive licences


           (4) An agreement or deed under subsection (1)
               may make provision for or with respect to--
                  (a) monetary penalties--
                         (i) for a breach of the agreement or
                             deed; or
                        (ii) for termination of the agreement
                             or deed; and
                  (b) the recovery of monetary penalties
                      referred to in paragraph (a).
           (5) If a medically supervised injecting centre
               licence is in force, and the licensee has not
               entered into an agreement under
               subsection (1) or executed a deed under that
               subsection, the Secretary may direct the
               licensee--
                  (a) to enter into an agreement in
                      accordance with that subsection; or
                  (b) to execute a deed in accordance with
                      that subsection.
           (6) If the holder of a medically supervised
               injecting centre licence has entered into an
               agreement under subsection (1) or executed a
               deed under that subsection, the Secretary
               may direct the licensee to make specified
               variations to that agreement or deed.
          Note
          It is a condition of the licence that the licensee must comply
          with a direction under subsection (5) or (6)--see
          section 55H(1)(ba).




                               10
Drugs, Poisons and Controlled Substances Amendment (Medically
             Supervised Injecting Centre) Act 2023
                       No.       of 2023
                 Part 3--Consecutive licences


        55EB Penalty for breach of transitional
             obligation or termination of agreement or
             deed
           (1) This section applies if--
                 (a) an agreement entered into, or a deed
                     executed, in accordance with
                     section 55EA(1) makes provision for or
                     with respect to a penalty--
                        (i) for a breach of the agreement or
                            deed constituted by a failure to
                            comply with a transitional
                            obligation; or
                       (ii) for termination of the agreement
                            or deed; and
                 (b) that penalty does not exceed
                     100 penalty units; and
                 (c) that provision is expressed under the
                     agreement or deed to be a penalty
                     provision for the purposes of this
                     section.
           (2) A person is liable to pay, as a debt due to the
               State, the amount as required by a provision
               described in subsection (1) despite anything
               to the contrary in a rule of, or principle at,
               common law.
           (3) In this section--
                transitional obligation has the meaning
                     given by section 55EA.".




                             11
Drugs, Poisons and Controlled Substances Amendment (Medically
             Supervised Injecting Centre) Act 2023
                       No.       of 2023
                 Part 3--Consecutive licences


14 Conditions of medically supervised injecting centre
   licence
          After section 55H(1)(b) of the Principal Act
          insert--
        "(ba) the licensee must comply with a direction
              given to the licensee under section 55EA(5)
              or (6);".
15 Disciplinary action for contravening licence
   condition or internal management protocols
      (1) For the heading to section 55I of the Principal Act
          substitute--
          "Disciplinary action".
      (2) In section 55I(1) of the Principal Act--
            (a) in paragraph (b), for "contravened."
                substitute "contravened; or";
           (b) after paragraph (b) insert--
                "(c) a licensee has breached or terminated
                     an agreement entered into, or a deed
                     executed, in accordance with
                     section 55EA(1).".
16 Secretary's power to revoke licence
          After section 55J(a)(iv) of the Principal Act
          insert--
        "(iva) the licensee has breached or terminated an
               agreement entered into, or a deed executed,
               in accordance with section 55EA(1); or".




                             12
Drugs, Poisons and Controlled Substances Amendment (Medically
             Supervised Injecting Centre) Act 2023
                       No.       of 2023
                 Part 3--Consecutive licences


        Division 4--Surrender of licence
17 Trial period for licensed medically supervised
   injecting centre
          For section 55F(5) of the Principal Act
          substitute--
          "(5) The purported surrender of a medically
               supervised injecting centre licence has no
               effect.
                Note
                The Secretary may revoke a medically supervised
                injecting centre licence on a request made by the
                licensee--see section 55J(1)(b).".
18 Secretary's power to revoke licence
          For section 55J(b) of the Principal Act
          substitute--
          "(b) if the licensee requests the revocation and the
               Secretary is satisfied that it is appropriate to
               revoke the licence in the circumstances; or".

      Division 5--Technical amendments
19 References to only one licence
      (1) In section 4 of the Principal Act, in the definition
          of licensed medically supervised injecting centre,
          for "the medically supervised injecting centre
          licence" substitute "a medically supervised
          injecting centre licence".
      (2) In section 55C(2) of the Principal Act, for
          "The medically supervised injecting centre
          licence" substitute "A medically supervised
          injecting centre licence".
      (3) In section 55C(3) and (4) of the Principal Act, for
          "the medically supervised injecting centre licence"
          substitute "a medically supervised injecting
          centre licence".


                             13
Drugs, Poisons and Controlled Substances Amendment (Medically
             Supervised Injecting Centre) Act 2023
                       No.       of 2023
                 Part 3--Consecutive licences


      (4) In section 55E(1), (2) and (3) of the Principal Act,
          for "the medically supervised injecting centre
          licence" substitute "a medically supervised
          injecting centre licence".
      (5) In section 55F(1) of the Principal Act, for
          "The medically supervised injecting centre
          licence" substitute "A medically supervised
          injecting centre licence".
      (6) In section 55F(3) of the Principal Act, for
          "the medically supervised injecting centre licence"
          substitute "a medically supervised injecting
          centre licence".
      (7) In section 55G(1), (2), (3) and (4) of the Principal
          Act, for "the medically supervised injecting centre
          licence" substitute "a medically supervised
          injecting centre licence".
      (8) In section 55H(1) of the Principal Act, for
          "The medically supervised injecting centre
          licence" substitute "A medically supervised
          injecting centre licence".
      (9) In section 55J of the Principal Act, for
          "the medically supervised injecting centre licence"
          substitute "a medically supervised injecting
          centre licence".
20 References to only one licensee
      (1) In section 55L(1) and (3) of the Principal Act, for
          "The licensee" substitute "The holder of a
          medically supervised injecting centre licence".
      (2) For section 55N(1)(a) of the Principal Act
          substitute--
          "(a) the holder of a medically supervised
               injecting centre licence;".




                             14
Drugs, Poisons and Controlled Substances Amendment (Medically
             Supervised Injecting Centre) Act 2023
                       No.       of 2023
                  Part 4--Transfer of licence



         Part 4--Transfer of licence
21 Notices regarding licence
          After section 55G(4) of the Principal Act insert--
          "(5) On transferring a medically supervised
               injecting centre licence under section 55JA,
               the Secretary must publish in the
               Government Gazette a notice that states--
                 (a) that the licence is to be transferred; and
                 (b) the day on which the transfer is to take
                     effect; and
                 (c) the person from whom the licence is to
                     be transferred; and
                 (d) the person to whom the licence is to be
                     transferred.".
22 New section 55JA inserted
          After section 55J of the Principal Act insert--
       "55JA Transfer of licence
           (1) This section applies if the Secretary has
               issued a medically supervised injecting
               centre licence.
           (2) The licensee may apply to the Secretary for
               the transfer of the medically supervised
               injecting centre licence to another person
               (the proposed transferee).
           (3) The licensee must not apply under
               subsection (2) without the agreement of the
               proposed transferee.
           (4) On an application under subsection (2), the
               Secretary must, in accordance with this
               section, either--
                 (a) grant the application and transfer the
                     licence to the proposed transferee; or


                             15
Drugs, Poisons and Controlled Substances Amendment (Medically
             Supervised Injecting Centre) Act 2023
                       No.       of 2023
                  Part 4--Transfer of licence


                 (b) refuse the application.
           (5) The Secretary must not grant an application
               under subsection (2) unless--
                 (a) the Secretary has approved, under
                     section 55E, internal management
                     protocols for the proposed transferee;
                     and
                 (b) the Secretary is satisfied that any other
                     prescribed requirements have been
                     satisfied.
           (6) The Secretary may refuse an application
               under subsection (2) for any reason the
               Secretary thinks fit.
           (7) In transferring a medically supervised
               injecting centre licence, the Secretary--
                 (a) may impose on the licence any
                     conditions that the Secretary thinks fit;
                     and
                 (b) may vary any conditions of the licence
                     as the Secretary thinks fit; and
                 (c) must not extend or otherwise vary the
                     licence.
                      Note
                      Section 55F provides for extension of the
                      licence.
           (8) On the transfer of a medically supervised
               injecting centre licence, the transferee
               becomes the licensee and assumes all of the
               licensee's obligations and liabilities in
               respect of the licence.
           (9) The transfer of a medically supervised
               injecting centre licence takes effect on the
               day specified by the Secretary in respect of
               the transfer under section 55G(5)(b).


                             16
Drugs, Poisons and Controlled Substances Amendment (Medically
             Supervised Injecting Centre) Act 2023
                       No.       of 2023
                  Part 4--Transfer of licence


         (10) The transfer of a medically supervised
              injecting centre licence does not alter the day
              on which the licence ceases to be in force as
              specified in the licence.
         (11) The functions and powers of the Secretary
              under this section are not delegable.".




                             17
Drugs, Poisons and Controlled Substances Amendment (Medically
             Supervised Injecting Centre) Act 2023
                       No.       of 2023
               Part 5--Directors and supervisors



   Part 5--Directors and supervisors
23 Meaning of director and supervisor of licensed
   medically supervised injecting centre--change of
   director's role
          Section 55B(1)(a)(i) of the Principal Act is
          repealed.
24 Meaning of director and supervisor of licensed
   medically supervised injecting centre--registered
   nurse may be supervisor
      (1) In section 55B(2) of the Principal Act, after
          "a registered medical practitioner" insert "or a
          registered nurse".
      (2) In section 55B(2) of the Principal Act--
            (a) in paragraphs (a) and (b), after "practitioner"
                insert "or nurse";
           (b) in paragraph (c), after "registered medical
               practitioner" insert "or registered nurse".
      (3) In section 55B(3) of the Principal Act--
            (a) for "a registered medical practitioner acting
                in that role--" substitute "a person--";
           (b) for paragraphs (a) and (b) substitute--
                "(a) who is acting in that role--
                        (i) during any illness or other absence
                            of a person appointed to that role;
                            or
                       (ii) while there is a vacancy in that
                            role; and
                 (b) who is--
                        (i) in the case of a person acting in
                            the role of director, a registered
                            medical practitioner; or



                             18
Drugs, Poisons and Controlled Substances Amendment (Medically
             Supervised Injecting Centre) Act 2023
                       No.       of 2023
               Part 5--Directors and supervisors


                       (ii) in the case of a person acting in
                            the role of supervisor, a registered
                            medical practitioner or a
                            registered nurse.".
25 Meaning of director and supervisor of licensed
   medically supervised injecting centre--director may
   also be supervisor
      (1) In section 55B(1) of the Principal Act--
            (a) in paragraph (b), for "role; and" substitute
                "role.";
           (b) paragraph (c) is repealed.
      (2) In section 55B(2) of the Principal Act--
            (a) in paragraph (a) omit "by the licensee or the
                director";
           (b) after paragraph (a) insert--
               "(ab) that appointment is made by--
                        (i) if the practitioner is also a director
                            of the facility, the licensee; or
                       (ii) otherwise, either the licensee or
                            the director; and".
26 New section 149 inserted
          After section 148 of the Principal Act insert--
         "149 Transitional provision--Drugs, Poisons
              and Controlled Substances Amendment
              (Medically Supervised Injecting Centre)
              Act 2023
           (1) This section applies in relation to a person
               who, immediately before the repeal of
               section 55B(1)(a)(i) by the Drugs, Poisons
               and Controlled Substances Amendment
               (Medically Supervised Injecting Centre)
               Act 2023, was a director for the purposes of



                             19
Drugs, Poisons and Controlled Substances Amendment (Medically
             Supervised Injecting Centre) Act 2023
                       No.       of 2023
               Part 5--Directors and supervisors


                this Act by reason of section 55B(1) as in
                force at that time.
           (2) The repeal of section 55B(1)(a)(i) does not
               cause the person to cease to be a director
               under section 55B(1) for the purposes of this
               Act.".




                             20
Drugs, Poisons and Controlled Substances Amendment (Medically
             Supervised Injecting Centre) Act 2023
                       No.       of 2023
                   Part 6--Further review



            Part 6--Further review
27 Disciplinary action for contravening licence
   condition or internal management protocols
          In section 55I(1) of the Principal Act, for
          "the review under section 55P" substitute
          "a review under section 55P or 55PA".
28 Secretary's power to revoke licence
          In section 55J(a) of the Principal Act, for
          "the review under section 55P" substitute
          "a review under section 55P or 55PA".
29 Section 55PA inserted
          After section 55P of the Principal Act insert--
      "55PA Second review of this Part and licensing of
            medically supervised injecting centre
           (1) The Minister must arrange for a review to be
               conducted of--
                 (a) the operation and use of the licensed
                     medically supervised injecting centre;
                     and
                 (b) the extent to which the object of this
                     Part has been advanced during a period
                     specified by the Minister; and
                 (c) how this Part and any regulations made
                     for the purposes of this Part have
                     operated and whether they require
                     amendment.
           (2) The review--
                 (a) must be commenced no later than
                     30 June 2028; and




                             21
Drugs, Poisons and Controlled Substances Amendment (Medically
             Supervised Injecting Centre) Act 2023
                       No.       of 2023
                   Part 6--Further review


                 (b) may be completed before or after a
                     medically supervised injecting centre
                     licence that is in force at the time that
                     the review is commenced ceases to
                     have effect.
           (3) The Minister is authorised to access, collect,
               use and disclose any data or information
               required to complete the review subject to--
                 (a) in the case of health information within
                     the meaning of the Health Records
                     Act 2001, the access, collection, use
                     and disclosure being in accordance with
                     that Act and the Health Privacy
                     Principles; and
                 (b) in the case of personal information
                     within the meaning of the Privacy and
                     Data Protection Act 2014, the access,
                     collection, use and disclosure being in
                     accordance with that Act and the
                     Information Privacy Principles.
           (4) The Minister must cause a copy of the
               review to be tabled before each House of the
               Parliament as soon as practicable after the
               review is completed.".




                             22
  Drugs, Poisons and Controlled Substances Amendment (Medically
               Supervised Injecting Centre) Act 2023
                         No.       of 2023
Part 7--Delegation of power to approve internal management procedures



  Part 7--Delegation of power to approve
     internal management procedures
   30 Internal management protocols
             After section 55E(4) of the Principal Act insert--
           "(4A) The Secretary, by instrument, may delegate
                 the power to give a written approval under
                 subsection (4) to--
                     (a) a specified person who is employed
                         under Part 3 of the Public
                         Administration Act 2004; or
                    (b) each person of a specified class of
                        persons who are employed under Part 3
                        of that Act.".




                                23
Drugs, Poisons and Controlled Substances Amendment (Medically
             Supervised Injecting Centre) Act 2023
                       No.       of 2023
      Part 8--Planning schemes and planning amendments



Part 8--Planning schemes and planning
           amendments
31 Planning permit not required
      (1) In section 55O of the Principal Act, for
          "in relation to" substitute "for the use or
          development of the permitted site for the
          purposes of".
      (2) At the end of section 55O of the Principal Act
          insert--
          "(2) In this section, use and development have
               the same meanings as they have in the
               Planning and Environment Act 1987.".




                             24
Drugs, Poisons and Controlled Substances Amendment (Medically
             Supervised Injecting Centre) Act 2023
                       No.       of 2023
       Part 9--Suspension and reinstatement of licences



Part 9--Suspension and reinstatement of
              licences
32 Notices regarding licence
      (1) For section 55G(3)(c) of the Principal Act
          substitute--
          "(c) if the licence is suspended--
                  (i) the day of the suspension specified in
                      the notice of suspension as described in
                      section 55I(2)(b)(i); and
                 (ii) that the licence is suspended until the
                      end of the period of suspension
                      specified in that notice as described in
                      section 55I(2)(b)(ii) (if any), or until
                      the licence is reinstated under
                      section 55I(2B).".
      (2) In section 55G(4) of the Principal Act, for
          "following a suspension of the licence,"
          substitute "under section 55I(2B),".
      (3) For section 55G(4)(b) of the Principal Act
          substitute--
          "(b) the day of the reinstatement specified in the
               notice of reinstatement as described in
               section 55I(2C).".
33 Disciplinary action for contravening licence
   condition or internal management protocols
      (1) In section 55I(1) of the Principal Act, for
          "This section" substitute "Subsection (2)".
      (2) For section 55I(2)(b) of the Principal Act
          substitute--
          "(b) by written notice to the licensee, suspend the
               medically supervised injecting centre
               licence--



                             25
Drugs, Poisons and Controlled Substances Amendment (Medically
             Supervised Injecting Centre) Act 2023
                       No.       of 2023
       Part 9--Suspension and reinstatement of licences


                  (i) from a day specified in the notice; and
                 (ii) either until the end of a period specified
                      in the notice or until reinstatement
                      under subsection (2B);".
      (3) After section 55I(2) of the Principal Act insert--
        "(2A) A medically supervised injecting centre
              licence suspended under subsection (2)--
                 (a) is suspended on the day specified by
                     the Secretary in respect of the
                     suspension under section 55G(3)(c)(i);
                     and
                 (b) remains suspended until whichever of
                     the following occurs first--
                        (i) the expiry of the period specified
                            in respect of the suspension under
                            section 55G(3)(c)(ii) (if any); or
                       (ii) the licence is reinstated under
                            subsection (2B).
         (2B) The Secretary may, by written notice to the
              licensee, reinstate a medically supervised
              injecting centre licence that has been
              suspended under subsection (2).
         (2C) A medically supervised injecting centre
              licence reinstated under subsection (2B) is
              reinstated on the day specified by the
              Secretary in the notice under that
              subsection.".
      (4) In section 55I(3) of the Principal Act, for
          "under section 55F(1)(b)." substitute
          "as specified in the licence.".




                             26
 Drugs, Poisons and Controlled Substances Amendment (Medically
              Supervised Injecting Centre) Act 2023
                        No.       of 2023
           Part 10--Minor and technical amendments



Part 10--Minor and technical amendments
 34 Definitions
           In section 4(1) of the Principal Act, at the foot of
           the definition of staff insert--
           "Note
           Under section 55B(4), the director and each supervisor of a
           licensed medically supervised injecting centre are taken to
           be members of the staff of that facility.".
 35 References to entities
       (1) In section 55C(1) and (3) of the Principal Act, for
           "an entity" substitute "a person".
       (2) In section 55E(1) of the Principal Act--
             (a) before "for a facility" insert "to a person";
            (b) for "that entity." substitute "that person.".
       (3) In section 119(eb) of the Principal Act, for
           "an entity" substitute "a person".
 36 Statute law revision
       (1) In section 55J(a)(iii) of the Principal Act, for
           "a medically supervised injecting centre licence"
           substitute "the licence".
       (2) In section 55N(1)(e)(ii) of the Principal Act, after
           "site;" insert "or".




                               27
Drugs, Poisons and Controlled Substances Amendment (Medically
             Supervised Injecting Centre) Act 2023
                       No.       of 2023
                  Part 11--Repeal of this Act



         Part 11--Repeal of this Act
37 Repeal of this Act
           This Act is repealed on 28 June 2024.
    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).
                  ═════════════




                               28
       Drugs, Poisons and Controlled Substances Amendment (Medically
                    Supervised Injecting Centre) Act 2023
                              No.       of 2023
                                        Endnotes



                                    Endnotes
1 General information
  See www.legislation.vic.gov.au for Victorian Bills, Acts and current
  authorised versions of legislation and up-to-date legislative information.
   
      Minister's second reading speech--
      Legislative Assembly:
      Legislative Council:
      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 the
      medically supervised injecting centre and for other purposes."




                 By Authority. Government Printer for the State of Victoria.




                                            29


 


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