{"id":"sr:drugs-poisons-and-controlled-substances-volatile-substances-regulations","name":"Drugs, Poisons and Controlled Substances (Volatile Substances) Regulations 2024","slug":"drugs-poisons-and-controlled-substances-volatile-substances-regulations-2024","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":184282,"registerId":"vic-sr:drugs-poisons-and-controlled-substances-volatile-substances-regulations-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Drugs, Poisons and Controlled Substances (Volatile Substances) Regulations 2024","content":"Version No. 001\n\n**Drugs, Poisons and Controlled Substances (Volatile Substances) Regulations 2024**\n\n**S.R. No. 41/2024**\n\nVersion as at  \n15 June 2024\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\n1 Objective 1\n\n2 Authorising provisions 1\n\n3 Commencement 1\n\n4 Revocation 2\n\n5 Definition 2\n\n6 Manner of conducting searches 2\n\n7 Searching on private premises 3\n\n8 Search records 3\n\n9 Records of receipt or seizure 4\n\n10 Record of apprehension and detention 6\n\n11 Record of disposal or making safe 7\n\n═════════════\n\nEndnotes 9\n\n1 General information 9\n\n2 Table of Amendments 11\n\n3 Explanatory details 12\n\n**Version No.** **001**\n\n**Drugs, Poisons and Controlled Substances (Volatile Substances) Regulations 2024**\n\n**S.R. No. 41/2024**\n\nVersion as at  \n15 June 2024\n\n\t1 Objective\n\nThe objective of these Regulations is to prescribe for the purposes of Part IV of the **Drugs, Poisons and Controlled Substances Act 1981**—\n\n(a) the manner in which searches without warrant are to be conducted; and\n\n(b) the particulars to be included in records of those searches; and\n\n(c) the particulars to be included in records of receipt of any volatile substance or item used to inhale a volatile substance seized as a result of those searches; and\n\n(d) the particulars to be included in records of apprehension and detention; and\n\n(e) the particulars to be included in records of the disposal or making safe of any volatile substance or item used to inhale a volatile substance received or seized.\n\n\t2 Authorising provisions\n\nThese Regulations are made under sections 60T and 132 of the **Drugs, Poisons and Controlled Substances Act 1981**.\n\n\t3 Commencement\n\nThese Regulations come into operation on 15 June 2024.\n\n\t4 Revocation\n\nThe Drugs, Poisons and Controlled Substances (Volatile Substances) Regulations 2014[[1]](#endnote-1) are **revoked**.\n\n\t5 Definition\n\nIn these Regulations—\n\n***the Act*** means the **Drugs, Poisons and Controlled Substances Act 1981**.\n\n\t6 Manner of conducting searches\n\n(1) A police officer who conducts a search of a person under section 60E or 60F of the Act must do so in one or more of the following ways—\n\n(a) passing an electronic metal detection device over or in close proximity to the person's outer clothing;\n\n(b) running their hands over the person's outer clothing;\n\n(c) requesting the person to remove the person's outer clothing and gloves, shoes and headgear so that the officer may—\n\n(i) pass an electronic metal detection device over or in close proximity to the person's clothing that was immediately under their outer clothing; or\n\n(ii) run the officer's hands over the person's clothing that was immediately under their outer clothing; or\n\n(iii) search the person's outer clothing and gloves, shoes and headgear.\n\n(2) A police officer who conducts a search of a vehicle, package or thing under section 60E or 60F of the Act must do so in one or more of the following ways—\n\n(a) examining the exterior and interior of the vehicle, package or thing;\n\n(b) passing an electronic metal detection device over or in close proximity to the vehicle, package or thing.\n\n(3) A police officer must conduct a search of a person or the person's outer clothing, gloves, shoes or headgear—\n\n(a) in a manner that affords reasonable privacy to the person being searched; and\n\n(b) as quickly as is reasonably practicable.\n\n(4) A search under subregulation (1)(b) or (1)(c)(ii) must, if reasonably practicable, be conducted by a police officer who is of the same gender as the gender the person to be searched identifies as.\n\n\t7 Searching on private premises\n\nIf a police officer conducts a search under section 60E or 60F of the Act of a person on private premises who the police officer suspects on reasonable grounds is under 18 years of age, the police officer must—\n\n(a) if reasonably practicable, advise the person that the person may nominate an adult who is on the private premises to be present during the conduct of the search; and\n\n(b) if the person nominates an adult, take reasonable steps to ensure the adult is present during the conduct of the search.\n\n\t8 Search records\n\n(1) For the purposes of section 60Q(1) and (2) of the Act, the prescribed particulars are—\n\n(a) the date of the search; and\n\n(b) the time of the search; and\n\n(c) the place where the search took place; and\n\n(d) the name, rank and registered number of the police officer who conducted the search; and\n\n(e) the name of the person searched and, if applicable, a description of any vehicle, package or thing searched; and\n\n(f) if applicable, the name of the nominated adult present during the search of the person on private premises; and\n\n(g) the grounds relied on for conducting the search; and\n\n(h) a description of any volatile substance or item used to inhale a volatile substance that is found during the search.\n\n(2) If the police officer who conducts a search is unable to obtain the name of the person searched, the officer must include in the particulars a description of that person.\n\n**Note**\n\nA person searched under section 60E or 60F of the Act is under no obligation to provide the person's name.\n\n\t9 Records of receipt or seizure\n\n(1) For the purposes of section 60Q(3) and (4) of the Act, the prescribed particulars are—\n\n(a) the date of the receipt or seizure; and\n\n(b) the time of the receipt or seizure; and\n\n(c) the place where the receipt or seizure took place; and\n\n(d) the name, rank and registered number of the police officer who received or seized the volatile substance or item used to inhale a volatile substance; and\n\n(e) the name of the person from whom the volatile substance or item used to inhale a volatile substance was received or seized; and\n\n(f) the explanation, if any, that the person gave for carrying or possessing the volatile substance or item used to inhale a volatile substance; and\n\n(g) if applicable, the name of the nominated adult present on private premises when the volatile substance or item used to inhale a volatile substance was received or seized from the person; and\n\n(h) the grounds relied on for receiving or seizing the volatile substance or item used to inhale a volatile substance; and\n\n(i) a description of the volatile substance or item used to inhale a volatile substance received or seized.\n\n(2) If the police officer who receives or seizes a volatile substance or an item used to inhale a volatile substance is unable to obtain the name of the person from whom the substance or item is received or seized, the officer must include in the particulars a description of that person.\n\n**Note**\n\nA person from whom a volatile substance or an item used to inhale a volatile substance is received under section 60H(1)(b) of the Act or seized under section 60J or 60K of the Act is under no obligation to provide the person's name.\n\n(3) Any particular set out in subregulation (1) or (2) is not required to be included in the record under this regulation if—\n\n(a) the particular has been recorded in a record under regulation 8; and\n\n(b) the particulars set out in regulation 8 and subregulations (1) and (2) are recorded in the same record.\n\n\t10 Record of apprehension and detention\n\n(1) For the purposes of section 60Q(5) of the Act, the prescribed particulars are—\n\n(a) the date of the apprehension and detention; and\n\n(b) the time of the apprehension and detention; and\n\n(c) the place or places where the person was apprehended and detained; and\n\n(d) the name, rank and registered number of the police officer who apprehended and detained the person; and\n\n(e) the name of the person apprehended and detained; and\n\n(f) the grounds relied on for the person's apprehension and detention; and\n\n(g) the time of the release of the person; and\n\n(h) if applicable, the name of the suitable person into whose care the detained person was released.\n\n(2) If the police officer who apprehends and detains a person is unable to obtain the name of the person apprehended and detained, the officer must include in the particulars a description of that person.\n\n**Note**\n\nA person apprehended and detained under section 60L of the Act is under no obligation to provide the person's name.\n\n(3) Any particular set out in subregulation (1) or (2) is not required to be included in the record under this regulation if—\n\n(a) the particulars have been recorded in a record under regulation 8 or 9; and\n\n(b) the particulars set out in regulation 8 or 9 and subregulations (1) and (2) are recorded in the same record.\n\n\t11 Record of disposal or making safe\n\n(1) For the purposes of section 60Q(6) of the Act, the prescribed particulars are—\n\n(a) the name of the person, if known, from whom the volatile substance or item used to inhale a volatile substance was received or seized; and\n\n(b) a description of the volatile substance or item used to inhale a volatile substance to be disposed of or made safe; and\n\n(c) the date on which the volatile substance or item used to inhale a volatile substance was disposed of or made safe; and\n\n(d) the time at which the volatile substance or item used to inhale a volatile substance was disposed of or made safe; and\n\n(e) the place at which the volatile substance or item used to inhale a volatile substance was disposed of or made safe; and\n\n(f) the reason for the belief that the disposal or making safe of the volatile substance or item used to inhale a volatile substance was necessary; and\n\n(g) the name, rank and registered number of the police officer who believed that the disposal or making safe of the volatile substance or item used to inhale a volatile substance was necessary.\n\n(2) Any particular set out in subregulation (1) is not required to be included in the record under this regulation if—\n\n(a) the particulars have been recorded in a record under regulation 8 or 9; and\n\n(b) the prescribed particulars under regulation 8 or 9 and subregulation (1) are recorded in the same record.\n\n═════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe Drugs, Poisons and Controlled Substances (Volatile Substances) Regulations 2024, S.R. No. 41/2024 were made on 4 June 2024 by the Lieutenant-Governor as the Governor's deputy, with the advice of the Executive Council, under sections 60T and 132 of the **Drugs, Poisons and Controlled Substances Act 1981**, No. 9719/1981 and came into operation on 15 June 2024: regulation 3.\n\nThe Drugs, Poisons and Controlled Substances (Volatile Substances) Regulations 2024 will sunset 10 years after the day of making on 4 June 2034 (see section 5 of the **Subordinate Legislation Act 1994**).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThere are no amendments made to the Drugs, Poisons and Controlled Substances (Volatile Substances) Regulations 2024 by statutory rules, subordinate instruments and Acts.\n\n3 Explanatory details\n\n1. Reg. 4: S.R. No. 59/2014 as amended by S.R. No. 59/2014. [↑](#endnote-ref-1)","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: prescribing procedural details for searches and record-keeping under Part IV of the Drugs, Poisons and Controlled Substances Act 1981. They replace the 2014 regulations without expanding into new substantive areas."},"complexity_factors":["Only 1 defined term ('the Act') in the interpretation section","Straightforward procedural structure with 11 regulations total","Minimal cross-referencing - primarily references back to specific sections of the parent Act (sections 60E, 60F, 60H, 60J, 60K, 60L, 60Q, 60T, 132)","Simple conditional logic using standard 'if' clauses without nesting","Duplication reduction provisions (regs 9(3), 10(3), 11(2)) are straightforward exceptions allowing consolidated record-keeping","No exceptions to exceptions or deeply nested subsections","Prescriptive lists of required particulars (date, time, place, name, rank, etc.) are repetitive but not complex"],"plain_english_summary":"These regulations set out the practical rules for how Victorian police can search people and vehicles for **volatile substances** (inhalants like glue, petrol or aerosols that people sniff to get high) without needing a warrant, and what paperwork they must fill out afterwards.\n\n**What the regulations do:**\n\n*   **Set search procedures:** Police must conduct searches respectfully and quickly, with privacy. They can use metal detectors or pat-downs. If searching a person's clothing, they must use an officer of the same gender as the person identifies with, if possible.\n*   **Protect young people:** If police search someone under 18 on private property (like a home), they must let the young person nominate an adult to be present during the search.\n*   **Require detailed record-keeping:** Police must document:\n    *   When, where and why the search happened\n    *   Who conducted it and who was searched\n    *   What volatile substances or inhalation equipment was found\n    *   Details of any seizure, apprehension, detention, or disposal of substances\n*   **Allow consolidated records:** If multiple events (search, seizure, detention) happen together, police can record them in a single document rather than duplicating information.\n\n**Who it affects:**\n\n*   **Police officers** conducting searches under Part IV of the Drugs, Poisons and Controlled Substances Act 1981\n*   **Young people** (under 18) who may be searched for volatile substances\n*   **Adults** nominated by young people to witness searches\n*   **People who carry volatile substances** (whether for legitimate purposes or misuse)\n\n**Why it matters:**\n\nThese rules balance **public health and safety** (preventing volatile substance abuse) with **civil liberties** (protecting people's dignity during searches, especially children). The detailed record-keeping creates accountability and transparency around police powers that allow searching without a warrant."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument replaces and revokes the 2014 Regulations (Reg 4) but remains focused on the same core subject‑matter: prescribing how warrantless searches for volatile substances are carried out and what particulars must be recorded (Reg 1). It does not add new substantive powers to police or extend regulatory reach into commercial markets; its changes are procedural and recordkeeping‑focused rather than a material expansion of scope."},"complexity_factors":["Short instrument (11 regulations) focused on procedure rather than substantive offences","Single defined term added (‘the Act’ in Reg 5) — limited definitional load","Multiple cross‑references to the Drugs, Poisons and Controlled Substances Act 1981 (s60E, s60F, s60H, s60J, s60K, s60L, s60Q) creating dependence on the principal Act","Repeated, enumerated lists of prescribed particulars across Regs 8–11 (structured but repetitive)","Several open‑ended qualifiers — “reasonably practicable”, “grounds relied on”, and an officer’s belief that disposal was necessary — add judgmental discretion and conditionality","Limited exceptions allowing particulars to be omitted where already recorded in the same record (Regs 9(3), 10(3), 11(2)) — adds a simple cross‑record conditionality"],"plain_english_summary":"**What this instrument does (mechanically first)**\n\n- Replaces the 2014 volatile-substances regulations and sets new, specific rules for how police may conduct searches without a warrant under the Drugs, Poisons and Controlled Substances Act 1981 (the Act) and what must be recorded when searches, receipts/seizures, apprehensions/detentions, and disposal/making-safe of volatile substances occur (Regs 1, 3–4, 6–11).\n\n- Specifies permitted search methods for people (metal detector, pat-down of outer clothing, asking the person to remove outer clothing, shoes, gloves and headgear so an officer can search under those layers) and for vehicles/packages/things (visual inspection and metal detector) (Reg 6(1)–(2)).\n\n- Requires searches to be conducted with reasonable privacy and as quickly as reasonably practicable; where practicable, searches of a person should be carried out by an officer of the same gender that the person identifies as (Reg 6(3)–(4)).\n\n- If a person suspected of being under 18 is searched on private premises, the officer must, where reasonably practicable, tell them they may nominate an adult on the premises to be present and must take reasonable steps to ensure that adult is present if nominated (Reg 7).\n\n- Prescribes the exact particulars police must record for:\n  - searches (date, time, place, officer identity, person searched or description, grounds, nominated adult if applicable, and any volatile substance/item found) (Reg 8);\n  - receipts or seizures of volatile substances/items (date, time, place, officer identity, person’s name or description, person’s explanation if any, nominated adult if applicable, grounds, and a description of the item) (Reg 9);\n  - apprehension and detention (date/time, place(s), officer identity, detained person’s name or description, grounds, release time, and any suitable person to whose care the detained person was released) (Reg 10);\n  - disposal or making safe of seized/received items (name if known, description of item, date/time/place of disposal or making safe, reason why disposal/making safe was believed necessary and the officer who held that belief) (Reg 11).\n\n- Allows particulars already recorded under the search record to be reused so they do not have to be duplicated in seizure, apprehension or disposal records if the records are held together (Regs 9(3), 10(3), 11(2)).\n\n**Who it affects**\n\n- Police officers exercising powers under the Act to search without a warrant (they must follow the specified methods and complete the required records) (Regs 6–11).\n- Individuals who are searched, detained, or from whom volatile substances/items are seized — including a special procedure for persons suspected to be under 18 on private premises (Reg 7).\n- Police record-keeping systems and the agency budgets that support officer time, administration and training.\n\n**Why it matters (official purpose and a practical test against costs and incentives)**\n\n- The instrument’s stated purpose is to standardise how warrantless searches for volatile substances are conducted and to prescribe the particulars that must be kept when searches, seizures/receipts, apprehensions/detentions, and disposals occur (Reg 1). That standardisation is intended to create consistent procedure and documentation.\n\n- Practical consequences and trade-offs:\n  - Administrative and compliance costs: police must collect and retain more structured information (Regs 8–11). That raises time-on-task, training needs and record‑management costs. Where records are duplicated across searches/seizures/apprehensions, the instrument allows reuse if records are held together (Regs 9(3), 10(3), 11(2)), which reduces duplication.\n  - Operational choices and resource effects: the requirement that, if reasonably practicable, a same‑gender officer conduct certain searches (Reg 6(4)) and that a nominated adult be enabled for under‑18s on private premises (Reg 7) may require rostering adjustments and delays in some circumstances.\n  - Discretion and legal uncertainty: several standards are qualified by “reasonably practicable” or by an officer’s belief that disposal/making safe was necessary (Regs 6(3), 6(4), 7, 11(1)(f)–(g)). Those qualifications leave room for officer judgment, which supports flexibility but also creates uneven application risk and oversight needs.\n  - Privacy and speed: the regulations explicitly balance privacy (reasonable privacy during searches) with the requirement to act quickly (Reg 6(3)). The mechanics reinforce a procedural focus rather than expanding substantive powers.\n  - Effects on private enterprise and markets: the regulations regulate police procedure and records; they do not create novel commercial restrictions, licensing or penalties for businesses selling volatile substances. Any impact on businesses (for example, retailers) would be indirect and limited to possible increased policing of end‑user possession rather than changes to product markets.\n\n**Who pays, who decides, and what behaviour changes**\n\n- Who pays: primarily the policing agency (officer time, training, recordkeeping systems) and, indirectly, individuals who may experience longer interaction times when officers comply with procedural protections (Reg 6(3)–(4); Reg 7).\n- Who decides: individual police officers decide how and when to use the permitted search techniques and whether steps are reasonably practicable; they also decide when disposal/making safe is necessary (Regs 6–7, 11(1)(f)–(g)). The Act provides the underlying power; these regulations constrain how those powers are exercised and what must be recorded (Reg 2).\n- Behavioural change required: officers must follow the enumerated search methods, offer the nominated-adult option for under‑18s on private premises, take privacy and speed considerations into account, and create the prescribed records for searches, receipts/seizures, apprehensions/detention and disposals (Regs 6–11).\n\n**Implementation and oversight notes**\n\n- The regulations are short and prescriptive, so implementation focuses on training, updating police forms and records, and ensuring adequate staffing to meet same‑gender and nominated‑adult requirements where reasonably practicable (Regs 6(4), 7).\n- The instrument revokes the 2014 regulations it replaces (Reg 4). It commenced on 15 June 2024 (Reg 3) and, per the endnotes, will sunset 10 years after making unless extended.\n\n**Key sections to look at for operational detail**: Reg 6 (how searches are to be done), Reg 7 (searching under‑18s on private premises), Reg 8–11 (required record particulars for searches, seizures/receipts, apprehension/detention, disposal/making safe)."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available metadata, there is no indication that the scope of this regulation changed from its original intent. It appears to have been made and consolidated as intended, with no visible amendments or expansions noted in the version history provided."},"complexity_factors":["Insufficient legislative text provided — only title and version metadata were included, making full analysis impossible","Regulations of this type typically involve cross-referencing with a parent Act (Drugs, Poisons and Controlled Substances Act), adding a layer of complexity","Volatile substance regimes can involve multiple enforcement agencies (police, health, local councils), which can complicate compliance obligations","Definitional questions around what counts as a 'volatile substance' can be technically complex","On the available information alone, no deeply complex drafting structures, schedules, or multi-layered obligations are visible"],"plain_english_summary":"This Victorian regulation under the Drugs, Poisons and Controlled Substances Act targets volatile substances (glue, paint, aerosols, solvents) used for inhalant abuse. It affects retailers and businesses that sell these products, young people (the main protection focus), parents/carers and police/enforcement officers, by setting rules on sale, supply and handling to reduce misuse. Note: the full regulation text wasn’t provided — consult Statutory Rule No. 41/2024 for complete details."}},"importantCases":[],"_links":{"self":"/api/acts/drugs-poisons-and-controlled-substances-volatile-substances-regulations-2024","history":"/api/acts/drugs-poisons-and-controlled-substances-volatile-substances-regulations-2024/history","analysis":"/api/acts/drugs-poisons-and-controlled-substances-volatile-substances-regulations-2024/analysis","conflicts":"/api/acts/drugs-poisons-and-controlled-substances-volatile-substances-regulations-2024/conflicts","importantCases":"/api/acts/drugs-poisons-and-controlled-substances-volatile-substances-regulations-2024/important-cases","documents":"/api/acts/drugs-poisons-and-controlled-substances-volatile-substances-regulations-2024/documents"}}