Victorian Numbered Regulations

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DRUGS, POISONS AND CONTROLLED SUBSTANCES REGULATIONS 2017 (SR NO 29 OF 2017) - REG 5

Definitions

    (1)     In these Regulations—

"animal" includes bird, fish or insect;

"Australian Sailing Limited" means Australian Sailing Limited ACN 602 997 562;

"authorised midwife" means a registered midwife who is authorised by section 13(1)(bc) of the Act to obtain, possess, use, sell or supply a Schedule 2, 3, 4 or 8 poison in accordance with that provision;

"authorised optometrist" means a registered optometrist who is authorised by section 13(1)(c) of the Act to obtain, possess, use, sell or supply a Schedule 2, 3 or 4 poison in accordance with that provision;

"authorised podiatrist" means a registered podiatrist who is authorised by section 13(1)(ca) of the Act to obtain, possess, use, sell or supply a Schedule 2, 3 or 4 poison in accordance with that provision;

"authorised registered nurse" means a registered nurse who is authorised by section 13(1)(bb) of the Act to obtain, possess, use, sell or supply a Schedule 2, 3, 4 or 8 poison in accordance with that provision;

chart instruction has the meaning given in regulation 6 ;

"Commonwealth Regulations" means the National Health (Pharmaceutical Benefits) Regulations 2017 of the Commonwealth;

"enrolled nurse" means a person registered under the Health Practitioner Regulation National Law—

        (a)     to practise in the nursing and midwifery profession as a nurse (other than as a student); and

        (b)     in the enrolled nurses division of the Register of Nurses;

general Schedule 9 permit means a permit issued under regulation 14(1);

"hospital medication chart" means a medication chart within the meaning of the Commonwealth Regulations that is kept in respect of a patient being treated in or at a hospital or day procedure centre;

"listed regulated poison" means a Schedule 7 poison that is included in Part 2 of Chapter 1 of the Poisons Code in the list of substances that are not for general sale by retail;

National Health (Continued Dispensing) Determination 2012 means the legislative instrument made under section 89A(3) of the  National Health Act 1953 of the Commonwealth as formulated or published from time to time;

"nurse" means—

        (a)     a registered nurse; or

        (b)     an enrolled nurse other than an enrolled nurse who has a notation on the nurse's registration indicating that the nurse is not qualified to administer medication;

"orthoptist" means a person who is registered as an orthoptist with the Australian Orthoptic Board, being a committee constituted by the directors of the Australian Orthoptists Registration Body Pty Ltd ACN 095 117 678;

"ovulatory stimulant" means a substance listed as an ovulatory stimulant in Part 2 of Chapter 1 of the Poisons Code;

"palliative care service" means a service which provides medical and nursing care to persons who are terminally ill;

"pharmacy" has the same meaning as it has in the Pharmacy Regulation Act 2010 ;

"pharmacy business" has the same meaning as it has in the Pharmacy Regulation Act 2010 ;

"pharmacy department" has the same meaning as it has in the Pharmacy Regulation Act 2010 ;

"prescription" does not include—

        (a)     a chart instruction; or

        (b)     an authorisation under Part 8 of Chapter 2;

"prostaglandin" means a substance listed as a prostaglandin in Part 2 of Chapter 1 of the Poisons Code;

"registered dental hygienist" means a person registered under the Health Practitioner Regulation National Law—

        (a)     to practise in the dental profession as a dental hygienist (other than as a student); and

        (b)     in the dental hygienists division of the Register of Dental Practitioners;

"registered dental therapist" means a person registered under the Health Practitioner Regulation National Law—

        (a)     to practise in the dental profession as a dental therapist (other than as a student); and

        (b)     in the dental therapists division of the Register of Dental Practitioners;

"registered oral health therapist" means a person registered under the Health Practitioner Regulation National Law—

        (a)     to practice in the dental profession as an oral health therapist (other than as a student); and

        (b)     in the oral health therapists division of the Register of Dental Practitioners;

"resident" means a person who receives residential care in a residential facility;

residential care service has the meaning given by Schedule 1 to the Aged Care Act 1997 of the Commonwealth;

"residential medication chart" means a medication chart within the meaning of the Commonwealth Regulations that is kept in respect of a person who is receiving treatment as a resident;

"retinoid" means a substance listed as a retinoid in Part 2 of Chapter 1 of the Poisons Code;

Schedule 8 cannabis means a substance that—

        (a)     is listed in Schedule 8 of the Poisons Standard under the heading "CANNABIS"; and

        (b)     is not medicinal cannabis;

Schedule 8 tetrahydrocannabinol means a substance that—

        (a)     is listed in Schedule 8 of the Poisons Standard under the heading "TETRAHYDROCANNABINOLS"; and

        (b)     is not medicinal cannabis;

special Schedule 7 substance means a substance listed as a special Schedule 7 substance in Part 2 of Chapter 1 of the Poisons Code;

special Schedule 8 permit means a permit issued under regulation 12(1);

special Schedule 8 poison means—

        (a)     methadone;

        (b)     nabiximols;

        (c)     Schedule 8 cannabis;

        (d)     Schedule 8 tetrahydrocannabinol;

        (e)     amphetamine;

        (f)     dexamphetamine;

        (g)     lisdexamfetamine;

        (h)     methylamphetamine;

              (i)     methylphenidate;

        (j)     sodium oxybate;

"St John Ambulance" means St. John Ambulance Australia (Victoria) Inc. ABN 69 061 844 380;

"storage facility" includes cabinet, receptacle, cupboard, refrigerator or room;

"supplementary labelling requirements" means the requirements set out in regulation 72;

"thalidomide" means—

        (a)     thalidomide for human use; or

        (b)     a substance listed as a thalidomide-like substance in Part 2 of Chapter 1 of the Poisons Code;

"the Act" means the Drugs, Poisons and Controlled Substances Act 1981 .

    (2)     A reference in these Regulations to a drug of dependence includes a reference to a drug of dependence that is also a Schedule 4 poison, Schedule 8 poison or Schedule 9 poison.

Note

Drug of dependence is defined in the Act.



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