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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Drugs, Poisons and Controlled Substances
Amendment (Pill Testing Pilot for Drug Harm
Reduction) Bill 2019
TABLE OF PROVISIONS
Clause Page
1 Purposes 1
2 Commencement 2
3 Principal Act 2
4 Definitions 2
5 New sections 4B and 4C inserted 5
6 Secretary may authorize person to carry out functions of
authorized officer 7
7 Inspections 8
8 Repeal of Part IIA and related amendments 8
9 New Part IIB inserted 9
10 List of licences and permits 44
11 Evidentiary 44
12 Regulations 44
13 General regulations 44
14 Repeal of this Act 45
═════════════
Endnotes 46
1 General information 46
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PARLIAMENT OF VICTORIA
Introduced in the Council by Samantha Ratnam and Fiona Patten
Drugs, Poisons and Controlled
Substances Amendment (Pill Testing
Pilot for Drug Harm Reduction)
Bill 2019
A Bill for an Act to amend the Drugs, Poisons and Controlled
Substances Act 1981 to provide for a pilot of pill-testing services for
the purposes of drug harm reduction and to make consequential
amendments and for other purposes.
The Parliament of Victoria enacts:
1 Purposes
The purposes of this Act are--
(a) to amend the Drugs, Poisons and
Controlled Substances Act 1981 to provide
5 for a pilot of drug-checking services for the
purposes of drug harm reduction; and
(b) to make consequential amendments.
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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
5 operation before 31 October 2020, 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.
10 4 Definitions
In section 4(1) of the Principal Act--
(a) for the definition of director substitute--
"director--
(a) in relation to the licensed
15 medically supervised injecting
centre, has the meaning given in
section 55B; and
(b) in relation to drug-checking
services, has the meaning given in
20 section 55U(1);";
(b) for the definition of internal management
protocols substitute--
"internal management protocols means--
(a) in Part IIA, the protocols approved
25 under section 55E by the
Secretary, as in force from time to
time; and
(b) in Part IIB, protocols that set out
how a drug-checking licensee, or
30 an applicant for a drug-checking
licence, intends to manage the
provision of drug-checking
services;";
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(c) insert the following definitions--
"amnesty bin has the meaning given by
section 55ZL;
approved internal management protocols
5 means, in relation to a drug-checking
licence, the internal management
protocols approved under section 55ZC
in relation to that licence, as amended
or replaced from time to time;
10 Chief Health Officer has the same meaning
as it has in the Public Health and
Wellbeing Act 2008;
disposal bin has the meaning given by
section 55ZK;
15 drug-checking employee means a person
who is--
(a) engaged by a drug-checking
licensee (whether under a contract
of employment, or as a volunteer,
20 or otherwise) to participate in the
provision of the licensee's
drug-checking services; or
(b) the director of a drug-checking
licensee;
25 drug-checking licence means--
(a) a fixed premises drug-checking
licence; or
(b) a mobile drug-checking licence;
drug-checking licensee means a person who
30 holds a drug-checking licence;
drug-checking place has the meaning given
in section 4B;
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drug-checking service has the meaning
given in section 4C;
fixed premises drug-checking employee
means a drug-checking employee
5 engaged by the fixed premises
drug-checking licensee;
fixed premises drug-checking licence means
a licence--
(a) to engage in the activities referred
10 to in section 55V; and
(b) in which the Secretary has
specified, under section 55ZH(1),
the premises at which drug-
checking services are to be
15 provided;
fixed premises drug-checking licensee
means the person who holds a fixed
premises drug-checking licence;
information about the composition of a
20 substance includes--
(a) information about whether the
substance is or contains--
(i) a poison or a controlled
substance; or
25 (ii) a drug of dependence; and
(b) information about the amount,
purity or concentration of any
poison or controlled substance or
drug of dependence that is, or is
30 contained in, the substance;
minimum age for a drug-checking client
means--
(a) the prescribed age, being an age
that is less than 18 years; or
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(b) if no age is prescribed, 18 years;
mobile drug-checking employee means a
drug-checking employee engaged by
the mobile drug-checking licensee;
5 mobile drug-checking facility means a
trailer or vehicle suitably fitted out or
containing equipment and apparatus
for--
(a) performing the analysis required
10 in the provision of drug-checking
services; and
(b) destroying substances analysed in
the provision of drug-checking
services;
15 mobile drug-checking licence means a
licence--
(a) to engage in the activities referred
to in section 55W; and
(b) in which the Secretary has
20 specified, under section 55ZH(1),
the mobile drug-checking facility
that is to be used in the provision
of drug-checking services;
mobile drug-checking licensee means the
25 person who holds a mobile
drug-checking licence;".
5 New sections 4B and 4C inserted
After section 4A of the Principal Act insert--
"4B Meaning of drug-checking place
30 (1) For the purposes of this Act, the
drug-checking place for a fixed premises
drug-checking licence is the premises
specified in the licence under
section 55ZH(1).
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(2) For the purposes of this Act, the
drug-checking place for a mobile
drug-checking licence--
(a) is the mobile drug-checking facility
5 specified in the licence under
section 55ZH(1); and
(b) when the facility is stationary and set
up to be operated, includes--
(i) each of the facility's ancillary
10 structures within the meaning of
subsection (3); and
(ii) the areas between each ancillary
structure and the facility.
(3) A structure is an ancillary structure of a
15 mobile drug-checking facility if the
structure--
(a) is a temporary structure; and
Examples
1 A marquee.
20 2 A fabric structure.
(b) is erected--
(i) for the purposes of the provision
of drug-checking services; and
(ii) within a prescribed distance of the
25 facility.
4C Meaning of drug-checking service
(1) For the purposes of this Act, a
drug-checking service is the service of--
(a) receiving a substance (in pill form or in
30 any other form) from a person; and
(b) analysing the substance or any part of it
to derive information about its
composition; and
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(c) unless the substance was supplied in
accordance with section 55ZL or
55ZM, providing information about the
composition of the substance to the
5 person who supplied the substance.
Note
Sections 55ZL and 55ZM relate to the
provision of substances by a police officer or by
the mobile drug-checking licensee.
10 (2) Despite subsection (1), none of the following
is a drug-checking service--
(a) anything done by an authorised police
employee under section 44B;
(b) anything done under or for the purposes
15 of a poppy cultivation licence;
(c) examination or testing of anything
taken in accordance with Part IVA or
Part IVB;
(d) analysis of a sample of a thing taken--
20 (i) in execution of a warrant; or
(ii) under section 91(2);
(e) analysis carried out for the purpose of
any legal proceedings for an offence
against this Act.".
25 6 Secretary may authorize person to carry out
functions of authorized officer
After section 41(5) of the Principal Act insert--
"(6) Without limiting subsection (1), an authority
under that subsection may be limited to the
30 exercise and performance of powers, duties,
and functions of an authorized officer for the
purposes of Part IIB and any regulations
made for the purposes of that Part.".
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7 Inspections
After section 42(1)(ad) of the Principal Act
insert--
"(ae) if a drug-checking licence has been issued,
5 enter the drug-checking place to ascertain
whether Part IIB, the regulations made for
the purposes of that Part, the drug-checking
licence and the approved internal
management protocols are being complied
10 with and exercise any powers under this
section;".
8 Repeal of Part IIA and related amendments
For section 55R(3)(a) of the Principal Act
substitute--
15 "(a) in section 4(1), in the definition of director,
paragraph (a) is repealed;
(ab) in section 4(1), in the definition of internal
management protocols, paragraph (a) is
repealed;
20 (ac) in section 4(1), the definitions of child,
injecting centre drug, licensed medically
supervised injecting centre, medically
supervised injecting centre licence,
permitted quantity of injecting centre drug,
25 permitted site, staff and supervisor are
repealed;".
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9 New Part IIB inserted
After Part IIA of the Principal Act insert--
"Part IIB--Trial of drug-checking
services
5 Division 1--Preliminary
55S Definitions
(1) In this Part--
serious offence means an indictable offence
involving dishonesty, fraud or
10 cultivation or trafficking in drugs of
dependence where the maximum
penalty exceeds 3 months of
imprisonment.
(2) For the purposes of this Part, a person is an
15 associate of an applicant for a drug-checking
licence if the person--
(a) holds or will hold any relevant financial
interest, or is or will be entitled to
exercise any relevant power (whether in
20 right of the person or on behalf of any
other person) in the business of the
applicant to which the licence relates,
and by virtue of that interest or power,
is able or will be able to exercise a
25 significant influence over or with
respect to the management or operation
of the business to which the licence
relates; or
(b) holds or will hold any relevant position,
30 whether in right of the person or on
behalf of any other person in the
business of the applicant to which the
licence relates; or
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(c) is a relative of the applicant.
(3) In subsection (2)--
relative means spouse (including de facto
spouse), parent, child or sibling
5 (whether of the full or half blood);
relevant financial interest, in relation to a
business, means--
(a) any share in the capital of the
business; or
10 (b) any entitlement to receive any
income derived from the business;
relevant position, in relation to a business,
means the position of director, manager
or other executive position or secretary,
15 however that position is designated;
relevant power means any power, whether
exercisable by voting or otherwise and
whether exercisable alone or in
association with others--
20 (a) to participate in any directorial,
managerial or executive decision;
or
(b) to elect or appoint any person to
any relevant position.
25 55T Object
The object of this Part is to provide for the
trial of drug-checking services as part of a
scheme that aims--
(a) to reduce the number of avoidable
30 deaths caused by using substances that
are, or that contain, poisons, controlled
substances or drugs of dependence; and
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(b) to provide for users and potential users
of those substances to receive
information that reduces the harm
caused by using those substances; and
5 (c) to facilitate users and potential users of
those substances accessing other health
and social assistance which includes
drug treatment, rehabilitation support,
health care, mental health treatment and
10 support and counselling; and
(d) to reduce attendance by ambulance
services, paramedic services and
emergency services and attendances at
hospitals due to the use of those
15 substances; and
(e) to provide a safe way to dispose of
substances that are, or that contain,
poisons, controlled substances or drugs
of dependence; and
20 (f) to reduce the potential for harm by
providing for the following persons to
be notified if analysis carried out in the
course of a drug-checking service
yields a prescribed result--
25 (i) the Chief Health Officer;
(ii) the Secretary;
(iii) the Chief Commissioner of Police.
55U Meaning of director
(1) For the purposes of this Act, a person is the
30 director of a drug-checking licensee if--
(a) the person is engaged by the licensee
to--
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(i) oversee the provision of
drug-checking services by the
licensee; and
(ii) ensure compliance with the
5 approved internal management
protocols; and
(iii) ensure compliance with the
conditions imposed on the
drug-checking licence; and
10 (b) no other person is engaged by the
licensee to perform that role.
(2) A reference to the director of a
drug-checking licensee includes a reference
to a person acting in that role--
15 (a) during any illness or other absence of
the person engaged for that role; or
(b) while there is a vacancy in that role.
Division 2--Drug-checking licence
55V What may be done under a fixed premises
20 drug-checking licence?
(1) A fixed premises drug-checking licence
authorises the licensee, and each of the
licensee's drug-checking employees, to do
the following things at the drug-checking
25 place--
(a) receive a substance (in pill form or in
any other form) from a person
(the client) as described in section 55X;
(b) analyse the substance or any part of it
30 to derive information about its
composition;
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(c) after that analysis is complete, provide
the client with information about the
composition of the substance;
(d) destroy the substance as required by
5 section 55ZP.
(2) A fixed premises drug-checking licence also
authorises the licensee, and each of the
licensee's drug-checking employees, to do
the following additional things at the
10 drug-checking place--
(a) receive a substance supplied under
section 55ZM by--
(i) the mobile drug-checking
licensee; or
15 (ii) a mobile drug-checking employee;
(b) analyse the substance or any part of it
to derive information about its
composition;
(c) after that analysis is complete--
20 (i) determine whether it is necessary
or appropriate to provide
information about the composition
of the substance to any person;
and
25 (ii) if so, provide that information to
that person;
(d) destroy the substance as required by
section 55ZP.
(3) A fixed premises drug-checking employee
30 who is permitted by subsection (1) or (2) to
do a thing in respect of a substance is also
permitted to supply that substance to another
fixed premises drug-checking employee at
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the drug-checking place so that the other
employee may do that thing.
(4) An authorisation referred to in this section is
subject to--
5 (a) this Part; and
(b) the regulations made for the purposes
of this Part; and
(c) the conditions of the drug-checking
licence.
10 55W What may be done under a mobile
drug-checking licence?
(1) A mobile drug-checking licence authorises
the licensee, and each of the licensee's
drug-checking employees, to do the
15 following things at the drug-checking
place--
(a) receive a substance (in pill form or in
any other form) from a person
(the client) as described in section 55X;
20 (b) analyse the substance or any part of it
to derive information about its
composition;
(c) after that analysis is complete--
(i) provide the client with
25 information about the composition
of the substance; and
(ii) decide, under section 55ZM,
whether to transfer any part of the
substance to the fixed premises
30 drug-checking licensee;
(d) destroy the substance as required by
section 55ZQ.
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(2) A mobile drug-checking licence also
authorises the licensee, and each of the
licensee's drug-checking employees, to do
the following things if a decision is made
5 under section 55ZM to transfer a
substance--
(a) transport the substance or any part of it
to the fixed premises drug-checking
licensee's drug-checking place; and
10 (b) at that place, supply the transported
substance to the fixed premises
drug-checking licensee for
drug-checking.
(3) A mobile premises drug-checking licence
15 also authorises the licensee, and each of the
licensee's drug-checking employees, to do
the following additional things at the
drug-checking place--
(a) receive a substance supplied by a police
20 officer under section 55ZL;
(b) analyse the substance or any part of it
to derive information about its
composition;
(c) after that analysis is complete--
25 (i) determine whether it is necessary
or appropriate to provide
information about the composition
of the substance to any person;
and
30 (ii) if so, provide that information to
that person;
(d) destroy the substance as required by
section 55ZQ.
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(4) A mobile drug-checking employee who is
authorized under subsection (1), (2) or (3) to
do a thing in respect of a substance is also
authorized to supply that substance to
5 another mobile drug-checking employee so
that the other employee may do that thing.
(5) An authorisation referred to in this section is
subject to--
(a) this Part; and
10 (b) the regulations made for the purposes
of this Part; and
(c) the conditions of the drug-checking
licence.
55X How clients may supply substances for
15 drug-checking
(1) A reference in section 55V(1)(a) or
55W(1)(a) to a drug-checking licensee or a
drug-checking employee receiving a
substance from a client includes the licensee
20 or employee--
(a) directing or instructing the client to
divide a substance into parts, and
receiving only one such part; and
(b) receiving a substance, dividing it into
25 parts, and supplying part of the
substance back to the client.
(2) A reference in this Part to a substance
supplied for drug-checking does not include
any part supplied back to the client as
30 described in subsection (1)(b).
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55Y Limit on number of drug-checking
licences
(1) There must not be more than one fixed
premises drug-checking licence in force at
5 the same time.
(2) There must not be more than one mobile
drug-checking licence in force at the same
time.
(3) A decision to issue or vary a drug-checking
10 licence in contravention of subsection (1)
or (2) is invalid.
55Z Application for drug-checking licence
(1) A person may apply to the Secretary for a
drug-checking licence.
15 (2) An application under subsection (1) must--
(a) be in writing; and
(b) be accompanied by the prescribed
application fee; and
(c) set out why the applicant is a fit and
20 proper person to hold a drug-checking
licence; and
(d) specify either--
(i) the premises at which the person
wants to be licensed to provide
25 drug-checking services; or
(ii) the mobile drug-checking facility
the person wants to be licensed to
use to provide drug-checking
services; and
30 (e) be accompanied by the internal
management protocols that the
applicant intends to apply.
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55ZA Secretary may require applicant to take
further steps
The Secretary may require that an applicant
for a drug-checking licence--
5 (a) provide further information in relation
to the application; or
(b) facilitate an inspection by the Secretary
of the premises or facility in relation to
which the licence is sought; or
10 (c) submit a recent police record check in
respect of the applicant or an associate
of the applicant; or
(d) revise the internal management
protocols and provide the revised
15 protocols to the Secretary.
55ZB Secretary must investigate application
(1) On receiving an application for a
drug-checking licence, the Secretary must
cause to be carried out all investigations and
20 inquiries that the Secretary considers
necessary to properly determine the
application.
(2) The Secretary may refer a copy of an
application and any supporting
25 documentation to the Chief Commissioner of
Police.
(3) The Chief Commissioner of Police must
inquire into and report to the Secretary on
any matters concerning the application that
30 the Secretary requests.
(4) The functions of the Secretary under this
section are not delegable.
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55ZC Internal management protocols
(1) For the purposes of determining whether to
issue a drug-checking licence, the Secretary
must consider whether to approve the
5 internal management protocols provided by
the applicant.
(2) The Secretary may approve the internal
management protocols if satisfied that they
are sufficient to support the issuing of a
10 drug-checking licence.
(3) In determining whether to approve the
internal management protocols, the Secretary
must have regard to whether, if the
application were granted, the protocols
15 would require--
(a) that the applicant must have a director;
and
(b) that the drug-checking services
provided by the applicant must be
20 provided as part of operations that also
facilitate access or referrals to the
following--
(i) primary health care services
including, but not limited to,
25 mental health services, medical
consultation and medical
assessment services;
(ii) drug and alcohol treatment
services;
30 (iii) health education services; and
(c) that procedures must be established for
circumstances in which any of the
applicant's drug-checking employees
reasonably suspects that a person
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attending the proposed drug-checking
place requires medical attention; and
(d) that procedures must be established to
enable the applicant's drug-checking
5 employees to determine whether a
person seeking the provision of a
drug-checking service is under the
minimum age for a drug-checking
client; and
10 (e) that procedures must be established to
govern how information about the
composition of a substance is to be
provided to the person who supplied
that substance for drug-checking; and
15 (f) that the health and safety of the
applicant's drug-checking employees,
and the persons to whom the applicant
wants to be licensed to provide
drug-checking services, must be
20 protected, having regard to the design
of the proposed drug-checking place;
and
(g) that procedures must be established
providing for the disposal of the
25 contents of each disposal bin provided
at the proposed drug-checking place;
and
(h) if a mobile drug-checking licence is
sought, that procedures must be
30 established to enable the applicant to
decide whether to transport a substance
in accordance with section 55ZM; and
Note
Section 55ZM provides that, in certain
35 circumstances, the mobile drug-checking
licensee may supply a substance to the fixed
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premises drug-checking licensee for
drug-checking.
(i) that services must be available and
procedures must be established to
5 ensure compliance, or the ability to
comply, with the requirements of--
(i) this Part and the regulations made
for the purposes of this Part; and
(ii) the licence conditions; and
10 (iii) the management protocols.
(4) A drug-checking licensee may, with the
written approval of the Secretary, amend or
replace their approved internal management
protocols from time to time.
15 (5) Approved internal management protocols are
subject to--
(a) this Part; and
(b) the regulations made for the purposes
of this Part; and
20 (c) the conditions of the drug-checking
licence--
and, in the case of any inconsistency, this
Part, the regulations and the conditions
prevail.
25 55ZD Determination of application
(1) After considering an application for a
drug-checking licence and any investigation
under section 55ZB, the Secretary must, in
accordance with section 55ZE, determine the
30 application by either--
(a) issuing a drug-checking licence; or
(b) refusing to issue a drug-checking
licence.
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(2) In issuing a drug-checking licence, the
Secretary may impose on the licence any
conditions that the Secretary thinks fit.
(3) The Secretary must notify the applicant in
5 writing of the decision under subsection (1).
(4) The functions of the Secretary under this
section are not delegable.
55ZE When Secretary must, or may, refuse to
issue drug-checking licence
10 (1) In order to prevent criminal activity in the
provision of drug-checking services, the
Secretary must not issue a drug-checking
licence unless the Secretary is satisfied
that--
15 (a) neither the applicant nor any of the
applicant's associates has been found
guilty of a serious offence in Victoria
or elsewhere on or after the day that is
10 years before the application is made;
20 and
(b) the applicant and each of the applicant's
associates is a fit and proper person to
be concerned in or associated with
drug-checking services; and
25 (c) the proposed drug-checking place is
suitable in relation to location and
proposed security arrangements.
(2) For the purposes of subsection (1)(b), the
Secretary may consider whether--
30 (a) the applicant and each associate of the
applicant is of good repute, having
regard to character, honesty and
integrity; and
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(b) in the case of an applicant that is not a
natural person, the applicant has a
satisfactory ownership, trust or
corporate structure; and
5 (c) the applicant is of sound and stable
financial background; and
(d) the applicant has any business
association with any person or body
who or which, in the opinion of the
10 Secretary, is not of good repute, having
regard to character, honesty and
integrity; and
(e) each director, partner, trustee, executive
officer and secretary and any other
15 person determined by the Secretary to
be associated or connected with the
ownership, administration or
management of the operations or
business of the applicant is a suitable
20 person to act in that capacity.
(3) Additionally, the Secretary must not issue a
drug-checking licence unless the Secretary
has approved the internal management
protocols provided by the applicant.
25 (4) The Secretary may refuse to issue a
drug-checking licence for any reason the
Secretary thinks fit.
55ZF Period of drug-checking licence
(1) A drug-checking licence--
30 (a) commences on a day specified in the
licence; and
(b) remains in force until a day specified in
the licence unless, before that day, it
is--
35 (i) surrendered by the licensee; or
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(ii) revoked by the Secretary.
(2) The day specified under subsection (1)(b)
must not be more than 2 years after the day
specified under subsection (1)(a).
5 (3) If satisfied that extending the period of a
drug-checking licence would further the
object of this Part, the Secretary may do so
by amending the licence to change the day
specified under subsection (1)(b) to a day
10 that is not later than 4 years after the day
previously specified under that provision.
(4) A drug-checking licensee may surrender a
drug-checking licence at any time after
consultation with the Secretary.
15 55ZG Notices regarding drug-checking licence
(1) On issuing a drug-checking licence, the
Secretary must publish in the Government
Gazette a notice that states--
(a) that the licence has been issued; and
20 (b) the day specified under
section 55ZF(1)(a) as the day on which
the licence commences; and
(c) the day specified under
section 55ZF(1)(b) as the day until
25 which the licence remains in force.
(2) On extending the period of a drug-checking
licence under section 55ZF(3), the Secretary
must publish in the Government Gazette a
notice that states--
30 (a) that the period of the licence has been
extended; and
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(b) the day specified in the licence in
accordance with section 55ZF(3) as the
new day until which the licence
remains in force.
5 (3) On suspending a drug-checking licence
under section 55ZI, or revoking the licence
under section 55ZJ, the Secretary must
publish in the Government Gazette a notice
that states--
10 (a) that the licence is suspended or revoked
(as the case requires); and
(b) the day of the suspension or revocation;
and
(c) if the licence is suspended, either--
15 (i) the period of the suspension set
out in the notice referred to in
section 55ZI(2)(b); or
(ii) that the licence is suspended until
further notice.
20 (4) On reinstating a drug-checking licence
following a suspension of the licence, the
Secretary must publish in the Government
Gazette a notice that states--
(a) that the licence is reinstated; and
25 (b) the day of the reinstatement.
55ZH Terms and conditions of drug-checking
licence
(1) A drug-checking licence must specify
either--
30 (a) the premises at which the
drug-checking services are to be
provided; or
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(b) the mobile drug-checking facility that is
to be used in the provision of the
drug-checking services.
(2) A drug-checking licence is subject to the
5 following conditions--
(a) the licensee must not provide
drug-checking services to a person who
is under the minimum age for a
drug-checking client;
10 (b) the approved internal management
protocols must be observed at all times;
(c) the licensee and the licensee's
operations must comply with this Part
and the regulations made for the
15 purposes of this Part;
(d) any other prescribed licence conditions;
(e) any other conditions imposed by the
Secretary under section 55ZD(2) or
55ZI(2)(c).
20 (3) A mobile drug-checking licence is subject to
a condition that the licensee must not provide
a drug-checking service other than--
(a) at or adjacent to a place where a
concert, festival, dance party or similar
25 event is being held; and
(b) while the event is being held.
(4) The Secretary may vary a condition imposed
under section 55ZD(2) or 55ZI(2)(c) with the
agreement of the licensee.
30 (5) The Secretary may revoke a condition
imposed under section 55ZD(2) or
55ZI(2)(c) with or without the agreement of
the licensee.
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55ZI Disciplinary action for contravening
licence condition or approved internal
management protocols
(1) This section applies if the Secretary is
5 satisfied, whether as a result of the review
under section 55ZX or otherwise, that--
(a) a condition imposed on a
drug-checking licence has been
contravened; or
10 (b) a drug-checking licensee's approved
internal management protocols have
been contravened.
(2) The Secretary may, as the Secretary
considers appropriate, do all or any of the
15 following--
(a) issue a written warning or reprimand to
the drug-checking licensee;
(b) by written notice to the licensee,
suspend the drug-checking licence for a
20 specified period or until further notice;
(c) by written notice to the licensee,
impose a new condition on the
drug-checking licence;
(d) require the licensee's approved internal
25 management protocols to be amended
or replaced in accordance with a
direction of the Secretary;
(e) amend the drug-checking licence;
(f) vary a condition imposed under
30 section 55ZD(2) or paragraph (c).
Note
The Secretary may also revoke a drug-checking
licence in these circumstances--see section 55ZJ.
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(3) The suspension of a drug-checking licence
does not alter the day on which the licence
ceases to be in force under
section 55ZF(1)(b).
5 55ZJ Secretary's power to revoke licence
The Secretary may revoke a drug-checking
licence--
(a) if the Secretary is satisfied, whether as
a result of the review under
10 section 55ZX or otherwise, that--
(i) the licensee is not a fit and proper
person to hold the licence; or
(ii) the director or another person
concerned in the licensee's
15 operations is not a fit and proper
person to be concerned in the
provision of drug-checking
services; or
(iii) a condition imposed on the licence
20 has been contravened; or
(iv) the licensee's approved internal
management protocols have been
contravened; or
(v) for any other reason, it is
25 appropriate to revoke the licence
in the circumstances; or
(b) by agreement with the licensee; or
(c) for a prescribed reason.
55ZK Disposal bin at drug-checking place
30 (1) At all times that a drug-checking licensee is
providing or offering to provide a
drug-checking service at a drug-checking
place, the licensee must provide a disposal
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bin for use by any person who attends the
place.
(2) A person who places a substance into a
disposal bin at a drug-checking place is not
5 taken to be supplying that substance to any
other person.
(3) A substance placed into a disposal bin is
taken not to be in the possession of any
person.
10 (4) In this section--
disposal bin means a receptacle--
(a) into which can be placed
substances in pill form or in any
other form; and
15 (b) containing a mechanism or
substance for destroying the
substances that are placed into it.
55ZL Amnesty bin at event
(1) A police officer may provide an amnesty
20 bin--
(a) at or adjacent to a place where the
mobile drug-checking facility is
stationary and set up to be operated;
and
25 Note
See section 55ZH(3).
(b) during the event for which the facility
is set up; and
(c) for use by any person who attends the
30 event.
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(2) A person who places a substance into an
amnesty bin provided under subsection (1) is
not taken to be supplying that substance to
any other person.
5 (3) A police officer may--
(a) transport any substances placed into an
amnesty bin to a mobile drug-checking
place; and
(b) at that place, supply those substances to
10 the mobile drug-checking licensee.
(4) For the purposes of this Act, a police officer
transporting or supplying a substance under
subsection (3) is, for that purpose,
authorized--
15 (a) to possess each poison, controlled
substance or drug of dependence
contained in the substance; and
(b) to supply to the mobile drug-checking
licensee each poison, controlled
20 substance or drug of dependence
contained in the substance.
(5) In this section--
amnesty bin means a receptacle--
(a) into which can be placed
25 substances in pill form or in any
other form; and
(b) that is represented as a receptacle
for relinquishing possession of
substances the possession of
30 which is unlawful; and
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(c) that is not a disposal bin.
Note
A disposal bin destroys the substances
that are placed into it--see
5 section 55ZK(4).
55ZM Transfer of substances from mobile
facility to fixed premises
(1) This section applies if--
(a) at the drug-checking place for the
10 mobile drug-checking licensee, either--
(i) a person supplies a substance for
drug-checking; or
(ii) under section 55ZL, a police
officer supplies a substance that
15 was placed into an amnesty bin;
and
(b) the mobile drug-checking licensee
decides that, for the purpose specified
in subsection (2), it is appropriate that
20 the substance should be analysed by the
fixed premises drug-checking licensee.
(2) The specified purpose is the purpose of
reducing the harm caused by the use of
substances that are, or that contain, poisons,
25 controlled substances or drugs of
dependence.
(3) The mobile drug-checking licensee may--
(a) transport the substance or any part of it
to the drug-checking place of the fixed
30 premises drug-checking licensee; and
(b) at that place, supply the transported
substance to the fixed premises
drug-checking licensee for
drug-checking.
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55ZN Drug-checking licensee must share
information
A drug-checking licensee must--
(a) keep records of the prescribed
5 information in relation to the
drug-checking services provided by the
licensee; and
(b) provide that information to the
Secretary at the prescribed times and in
10 the prescribed manner.
55ZO Drug-checking licensee must notify if
analysis yields prescribed result
(1) A drug-checking licensee must notify the
persons specified in subsection (3) as soon as
15 practicable after an analysis carried out in the
course of a drug-checking service provided
by the licensee yields a prescribed result.
(2) The regulations may prescribe a result for the
purposes of subsection (1) by reference to--
20 (a) the detection of--
(i) a specified substance; or
(ii) a substance of a specified kind; or
(b) the amount, purity or concentration of a
substance detected in the analysis.
25 (3) The persons whom a drug-checking licensee
must notify under subsection (1) are--
(a) the Chief Health Officer; and
(b) the Secretary; and
(c) the Chief Commissioner of Police.
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55ZP Destruction of substances--fixed premises
drug-checking licence
(1) This section applies to a substance
supplied--
5 (a) either--
(i) for drug-checking; or
(ii) by the mobile drug-checking
licensee under section 55ZM; and
(b) to the fixed premises drug-checking
10 licensee or a mobile drug-checking
employee; and
(c) at the drug-checking place.
(2) The fixed premises drug-checking licensee
must destroy the substance in accordance
15 with the regulations as soon as practicable
after the licensee has analysed the substance.
55ZQ Destruction of substances--mobile
drug-checking licence
(1) This section applies to a substance
20 supplied--
(a) either--
(i) for drug-checking; or
(ii) by a police officer under
section 55ZL; and
25 (b) to the mobile drug-checking licensee or
a mobile drug-checking employee; and
(c) at the drug-checking place.
(2) The mobile drug-checking licensee must
destroy the substance in accordance with the
30 regulations as soon as practicable after the
licensee has--
(a) analysed the substance; and
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(b) decided not to transport the substance
or any part of it to the fixed premises
drug-checking licensee under
section 55ZM.
5 (3) Subject to subsection (4), if the mobile
drug-checking licensee decides to transport
the substance or any part of it to the fixed
premises drug-checking licensee under
section 55ZM, the mobile drug-checking
10 licensee--
(a) is not required to destroy the substance
that is to be transported; and
(b) must destroy any remainder of the
substance as soon as practicable after
15 making the decision.
(4) If the mobile drug-checking licensee--
(a) decides to transport a substance to the
fixed premises drug-checking licensee
under section 55ZM; and
20 (b) later decides that the substance is no
longer to be transported under
section 55ZM--
the licensee must destroy the substance as
soon as practicable after deciding not to
25 transport it.
Division 3--Miscellaneous
55ZR Exemptions and authorizations for
drug-checking clients
(1) A person (the client) who, at a
30 drug-checking place, supplies a
drug-checking licensee or drug-checking
employee with a substance for drug-checking
is exempt from liability for an offence
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against this Act or the regulations constituted
by--
(a) possessing, at the drug-checking place,
a poison, controlled substance or drug
5 of dependence that is, or is contained
in, the supplied substance
(including any of that substance that is
returned to the client by the licensee or
employee); or
10 (b) supplying to the licensee or employee a
poison, controlled substance or drug of
dependence that is, or is contained in,
the supplied substance.
(2) The client is taken, for the purposes of this
15 Act and the regulations, to be authorized by
this Act to possess and supply a poison,
controlled substance or drug of dependence
as described in subsection (1).
(3) Nothing in this section exempts the client, or
20 affects any condition or obligation imposed
on the client, by or under any court order,
tribunal order or by or under any other Act or
law, including, but not limited to--
(a) any sentencing order under the
25 Sentencing Act 1991; or
(b) any parole condition or bail condition;
or
(c) any order under the Crimes
(Mental Impairment and Unfitness to
30 be Tried) Act 1997; or
(d) any supervision order or detention
order (including any interim
supervision order or interim detention
order) under the Serious Offenders
35 Act 2018; or
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(e) any other prescribed law.
55ZS Exemptions and authorizations for
drug-checking licensees and employees
(1) For the purposes of this Act, each
5 drug-checking licensee, and each of the
licensee's drug-checking employees, is
authorized to do the following things--
(a) when doing anything authorized by
section 55V or 55W in respect of a
10 substance, possess each poison,
controlled substance or drug of
dependence that is, or is contained in,
that substance;
(b) when supplying a substance as
15 authorized by section 55V or 55W,
supply each poison, controlled
substance or drug of dependence that is,
or is contained in, that substance.
(2) A person who, under subsection (1), is
20 authorized to possess a poison, controlled
substance or drug of dependence when doing
a thing authorized by section 55V or 55W, is
exempt from liability for an offence against
this Act or the regulations constituted by the
25 possession of a poison, controlled substance
or drug of dependence while doing that
thing.
(3) A person who, under subsection (1), is
authorized to supply a poison, controlled
30 substance or drug of dependence when doing
a thing authorized by section 55V or 55W, is
exempt from liability for an offence against
this Act or the regulations constituted by the
supply of a poison, controlled substance or
35 drug of dependence while doing that thing.
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55ZT Exemptions and authorizations relating to
possession under section 5
(1) Each of the persons specified in
subsection (2) is exempt from liability for an
5 offence against this Act or the regulations
constituted by the possession of a poison,
controlled substance or drug of dependence
if the possession--
(a) arises by operation of section 5; and
10 (b) occurs in the course of a person doing a
thing authorized by section 55V, 55W
or 55ZL.
(2) The specified persons are--
(a) the drug-checking licensee; and
15 (b) each of the licensee's drug-checking
employees; and
(c) each occupier of the land or premises
where the possession occurs; and
(d) each person who uses, enjoys or
20 controls the land or premises where the
possession occurs.
(3) A person who, under subsection (1), is
exempted from liability for an offence
constituted by possessing a poison,
25 controlled substance or drug of dependence,
is taken, for the purposes of this Act, to be
authorized by this Act to possess a poison,
controlled substance or drug of dependence
as described in that subsection.
30 55ZU Police discretions not affected
Nothing in section 55ZR affects any
discretion a police officer may exercise in
relation to not charging a person with an
offence against this Act or the regulations for
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possession of a poison, controlled substance
or drug of dependence when a person is
travelling to or from a drug-checking place,
or is in the vicinity of a drug-checking place,
5 for the purpose of--
(a) being provided with a drug-checking
service; or
(b) placing a substance into--
(i) a disposal bin; or
10 (ii) an amnesty bin.
55ZV Exemption from civil liability
(1) This section applies to the following--
(a) a drug-checking licence;
(b) each of the licensee's drug-checking
15 employees;
(c) each occupier, and each person who
uses, enjoys or controls, the following
premises--
(i) the premises specified in the fixed
20 premises drug-checking licence;
(ii) the premises on which the mobile
drug-checking licence is
stationary and set up to be
operated;
25 (iii) the premises on which an amnesty
bin is provided in accordance with
section 55ZL;
(d) a trustee or a member of a committee of
management or of a board (however
30 described) of--
(i) the licensee; or
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(ii) an owner or occupier of premises
referred to in subsection (1)(c).
(2) A person to whom this section applies is not
subject to any civil liability for doing or
5 omitting to do a thing--
(a) in good faith; and
(b) in carrying out any duty or function
provided for by this Part; and
(c) in the case of an act or omission that is
10 subject to this Part or regulations made
for the purposes of this Part, in
accordance with this Part or those
regulations.
(3) Without limiting subsection (2), that
15 subsection applies to an act or omission
that--
(a) relates to the supply or possession of a
poison, controlled substance or drug of
dependence at a drug-checking place;
20 and
(b) satisfies the requirements set out in
subsection (2)(a), (b) and (c).
(4) Without limiting subsection (2), a
drug-checking employee who acts, or fails to
25 act, under this Part or the regulations made
for the purposes of this Part in the reasonable
belief that the act or omission is in
accordance with this Part or those
regulations does not commit--
30 (a) unprofessional conduct within the
meaning and for the purposes of the
Health Practitioner Regulation National
Law; or
(b) a breach of professional etiquette or
35 ethics or any other code of conduct.
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(5) Subsections (2), (3) and (4) do not apply if
the thing done or omitted to be done was due
to negligence.
(6) Nothing in this section affects any rights or
5 obligations between a drug-checking
employee and the person who engages
(whether by employment or otherwise) the
person for that role.
(7) Nothing in this section affects or limits any
10 Crown immunity that applies to a person
who exercises a power or function under
this Part.
55ZW Planning permit not required
Nothing in a planning scheme or a planning
15 amendment under the Planning and
Environment Act 1987 is to be taken to
require a planning permit in relation to--
(a) the provision of drug-checking services
at a drug-checking place; or
20 (b) the provision of a disposal bin at a
drug-checking place; or
(c) the provision of an amnesty bin at a
place referred to in section 55ZL.
55ZX Review of this Part and licensing for
25 drug-checking services
(1) The Minister must arrange for a review to be
conducted of--
(a) drug-checking services provided by
drug-checking licensees; and
30 (b) the extent to which the object of this
Part has been advanced during the
period for which drug-checking
licences have been in force; and
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(c) how this Part and any regulations made
for the purposes of this Part have
operated and whether they require
amendment.
5 (2) The review--
(a) must be commenced no later than
12 months after the day on which the
first drug-checking licence commences;
and
10 (b) may be completed before or after the
licence ceases to have effect.
(3) The Minister is authorized to access, collect,
use and disclose any data or information
required to complete the review subject to--
15 (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
20 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
25 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
30 review is completed.
55ZY Regulations for this Part
(1) The Governor in Council may make
regulations for or with respect to--
(a) standards for the provision of
35 drug-checking services;
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(b) the content and use of internal
management protocols;
(c) the supply, possession or transport of a
poison, controlled substance or drug of
5 dependence for the purposes of
drug-checking services;
(d) disposal bins;
(e) amnesty bins;
(f) the destruction of a substance supplied
10 for drug-checking;
(g) qualifications or experience of
drug-checking employees;
(h) functions of drug-checking employees;
(i) the minimum age for a drug-checking
15 client;
(j) prescribing any other matter or thing
required to be prescribed by this Part or
necessary to be prescribed to give effect
to this Part.
20 (2) Regulations made under this section--
(a) may be of general or limited
application; and
(b) may differ according to differences in
time, place or circumstance; and
25 (c) may confer powers or discretions or
impose duties on any person or other
entity or on a specified person or other
entity or class of persons or other
entities; and
30 (d) may provide in a specified case or class
of cases for the exemption of persons,
other entities or things or a class of
persons, other entities or things from
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any of the provisions of the
regulations--
(i) whether unconditionally or on
specified conditions; and
5 (ii) either wholly or to the extent
specified in the regulations.
55ZZ Repeal of this Part and related
amendments
(1) This Part is repealed on the sixth
10 anniversary of its commencement.
(2) On the repeal of this Part, each
drug-checking licence that is still in force at
that time is revoked.
(3) On the repeal of this Part--
15 (a) in section 4(1), the definitions of
amnesty bin, approved internal
management protocols, Chief Health
Officer, director, disposal bin,
drug-checking employee,
20 drug-checking licence, drug-checking
licensee, drug-checking place,
drug-checking service, fixed premises
drug-checking employee, fixed
premises drug-checking licence, fixed
25 premises drug-checking licensee,
internal management protocols,
mobile drug-checking employee,
mobile drug-checking facility, mobile
drug-checking licence and mobile
30 drug-checking licensee are repealed;
(b) sections 4B and 4C are repealed;
(c) section 41(6) is repealed;
(d) section 42(1)(ae) is repealed;
(e) section 118(9) is repealed;
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(f) section 119(ec) is repealed;
(g) section 129(1)(eb) is repealed;
(h) section 132(ub) is repealed.".
10 List of licences and permits
5 After section 118(8) of the Principal Act insert--
"(9) This section does not apply to a
drug-checking licence under Part IIB.".
11 Evidentiary
After section 119(eb) of the Principal Act
10 insert--
"(ec) a certificate signed by the Secretary that a
drug-checking licence was in force in respect
of premises or a facility specified in the
certificate at a specified date, or that an
15 entity specified in the certificate was or was
not a drug-checking licensee on a specified
date, is prima facie evidence of the facts
stated in the certificate;".
12 Regulations
20 After section 129(1)(ea) of the Principal Act
insert--
"(eb) without limiting section 55ZY, any matter or
thing required to be prescribed for the
purposes of Part IIB;".
25 13 General regulations
After section 132(ua) of the Principal Act
insert--
"(ub) without limiting section 55ZY, any matter or
thing required to be prescribed for the
30 purposes of Part IIB;".
591PM54B.I-11/11/2019 44 BILL LC INTRODUCTION 11/11/2019
Drugs, Poisons and Controlled Substances Amendment (Pill Testing Pilot for
Drug Harm Reduction) Bill 2019
14 Repeal of this Act
This Act is repealed on 31 October 2021.
Note
The repeal of this Act does not affect the continuing operation
5 of the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
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591PM54B.I-11/11/2019 45 BILL LC INTRODUCTION 11/11/2019
Drugs, Poisons and Controlled Substances Amendment (Pill Testing Pilot for
Drug Harm Reduction) Bill 2019
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.
591PM54B.I-11/11/2019 46 BILL LC INTRODUCTION 11/11/2019
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