Victorian Numbered Acts

DRUGS, POISONS AND CONTROLLED SUBSTANCES AMENDMENT (DRUGS OF DEPENDENCE) ACT 2011 (NO. 41 OF 2011) - SECT 5

After section 132 of the Principal Act insert —

        " 132AA     Regulations prescribing drugs of dependence

    (1)     Subject to subsection (2), the Governor in Council may make regulations for or with respect to—

        (a)     prescribing a substance as a drug of dependence;

        (b)     specifying whether that prescribed drug of dependence is included in Part 1, Part 2 or Part 3 of Schedule Eleven;

        (c)     specifying quantities in relation to that prescribed drug of dependence for the purposes of Schedule Eleven.

    (2)     The Minister must not recommend the making of regulations under subsection (1) unless he or she is satisfied that the substance represents—

        (a)     a significant risk to the health of consumers; or

        (b)     a significant risk to public safety.

    (3)     Despite anything to the contrary in section 5 of the Subordinate Legislation Act 1994 , a regulation made under this section expires 12 months after the day on which the regulation is made.".