Victorian Numbered Regulations

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DRUGS, POISONS AND CONTROLLED SUBSTANCES REGULATIONS 2017 (SR NO 29 OF 2017) - REG 76

Additional security provisions required in certain circumstances

    (1)     Subject to subregulation (2), the Secretary may—

        (a)     direct in writing a person to whom regulation 73, 74 or 75 applies to provide more secure storage for Schedule 4 poisons, Schedule 8 poisons or Schedule 9 poisons than that described in regulations 73, 74 and  75; or

        (b)     grant an approval in writing for a person to store substances other than Schedule 8 poisons or Schedule 9 poisons in the same storage facility as Schedule 8 poisons or Schedule 9 poisons.

    (2)     Before giving a direction or granting approval under subregulation (1) the Secretary—

        (a)     must have regard to—

              (i)     the nature and quantity of the poisons or controlled substances being stored; and

              (ii)     the location, layout and construction of the storage facility and the premises; and

              (iii)     the warning devices and detectors with which the storage facility and premises are equipped; and

              (iv)     the number and frequency of transactions; and

              (v)     the number of persons requiring access; and

        (b)     may have regard to any other factors the Secretary considers relevant in the circumstances.

    (3)     A person who is directed by the Secretary to provide more secure storage under subregulation (1)(a) must provide that secure storage.

Penalty:     100 penalty units.



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