20AClass approvals

20A Class approvals (1) The Secretary may grant a class approval for a class of entity which would otherwise require a licence, permit or warrant under this Division, authorising an entity belonging to that class of entity to do one or more of the following without a licence, permit or warrant under this Division— (a) manufacture and sell or supply by wholesale any Schedule 2 poison, Schedule 3 poison, Schedule 4 poison, Schedule 7 poison or Schedule 8 poison; (b) manufacture and sell or supply by retail any Schedule 7 poison (other than a Schedule 7 poison included in the Poisons Code in the list of substances that are not for general sale by retail); (c) sell or supply by wholesale any Schedule 2 poison, Schedule 3 poison, Schedule 4 poison, Schedule 7 poison or Schedule 8 poison; (d) purchase or otherwise obtain poisons or controlled substances for use for industrial, educational, advisory or research purposes or for the provision of health services. (2) Before granting a class approval under subsection (1), the Secretary must have regard to the public health and safety risk of unauthorised access to poisons or controlled substances arising from the authorisation of a class of entity by a class approval and for that purpose may have regard to the following— (a) the type of industry in which a class of entity operates and the degree to which that type of industry has complied with this Act and the regulations; (b) the entities or the persons engaged by those entities and their qualifications; (c) the poisons or controlled substances and the activities to which a class approval applies; (d) whether there are any relevant co‑regulators of a class of entity. (3) A class approval must be in writing. (4) The Secretary must ensure that notice of the granting of a class approval is published in the Government Gazette as soon as practicable after it is granted. (5) The Secretary may specify that a class approval is subject to particular terms, conditions, limitations and restrictions, including the following— (a) an entity complying with any document, code, standard, guideline, rule, method or specification formulated, issued, prepared, prescribed or published from time to time by any person or body; (b) an entity holding any licence, permit or warrant issued under— (i) any law of Victoria, other than section 19(3)(b); or (ii) any law of the Commonwealth; (c) the class approval being limited— (i) to a particular poison or controlled substance; or (ii) to a particular class, list or type of poison or controlled substance in a specified Schedule; or (iii) to a specified form of a poison or controlled substance; or (iv) to the purposes for which a poison or controlled substance is to be manufactured, sold, supplied, administered or used; or (v) to a set period of time for which the class approval is in force; or (vi) by reference to any other matter specified in the instrument granting the class approval. (6) A class approval remains in force— (a) for the period specified in the approval; or (b) if no period is specified in the approval, until it is revoked by the Secretary. S. 20B inserted by No. 6/2024 s. 12.