Victorian Numbered Regulations

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DRUGS, POISONS AND CONTROLLED SUBSTANCES REGULATIONS 2017 (SR NO 29 OF 2017) - REG 126

Authority to permit use of premises—owners and occupiers

    (1)     For the purposes of section 72D(1) of the Act, an owner or occupier of land or premises is authorised to permit a person to use that land or premises to carry out an activity that falls within the definition of traffick in section 70 of the Act in relation to a drug of dependence if—

        (a)     the drug of dependence is a poison or controlled substance; and

        (b)     the person is—

              (i)     a registered medical practitioner, pharmacist, veterinary practitioner, dentist, nurse practitioner, authorised midwife, authorised optometrist or authorised podiatrist carrying on the lawful practice of that person's profession; or

              (ii)     the holder of a licence, permit, warrant or other authority under the Act or these Regulations to manufacture, sell or supply that poison or controlled substance; and

        (c)     the activity is—

              (i)     carried out to the extent and for the purposes authorised by or licensed or permitted under the Act or these Regulations; and

              (ii)     in the case of paragraph (b)(ii), in accordance with that licence, permit, warrant or other authority.

    (2)     For the purposes of section 72D(1) of the Act, an owner or occupier of land or premises is authorised to permit a person to use that land or premises to carry out an activity that falls within the definition of traffick in section 70 of the Act in relation to a drug of dependence if—

        (a)     the drug of dependence is medicinal cannabis; and

        (b)     the person is—

              (i)     the Resources Secretary within the meaning of the Access to Medicinal Cannabis Act 2016 ; or

              (ii)     the Health Secretary within the meaning of the Access to Medicinal Cannabis Act 2016 ; or

              (iii)     a pharmacist; or

              (iv)     the holder of a licence or other authority under the Access to Medicinal Cannabis Act 2016 or the regulations under that Act to manufacture, sell or supply medicinal cannabis; and

        (c)     the activity is—

              (i)     carried out to the extent and for the purposes authorised by or licensed under the Access to Medicinal Cannabis Act 2016 or the regulations under that Act; and

              (ii)     in the case of paragraph (b)(iv), in accordance with that licence or other authority.

    (3)     For the purposes of section 72D(2) of the Act, an owner or occupier of land or premises is authorised to permit a person to use that land or premises to cultivate a drug of dependence if—

        (a)     the drug of dependence is a poison or controlled substance; and

        (b)     the person holds a licence, permit, warrant or other authority under the Act or these Regulations to cultivate that drug of dependence; and

        (c)     that cultivation is—

              (i)     carried out to the extent and for the purposes authorised by or licensed or permitted under the Act or these Regulations; and

              (ii)     in accordance with that licence, permit, warrant or other authority.

    (4)     For the purposes of section 72D(2) of the Act, an owner or occupier of land or premises is authorised to permit a person to use that land or premises to cultivate a drug of dependence if—

        (a)     the drug of dependence is medicinal cannabis; and

        (b)     the person holds a cultivation licence within the meaning of the Access to Medicinal Cannabis Act 2016 ; and

        (c)     that cultivation is—

              (i)     carried out to the extent and for the purposes authorised by the Access to Medicinal Cannabis Act 2016 or the regulations under that Act; and

              (ii)     in accordance with that licence.



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