115Exceptions

115 Exceptions

(1) Regulation 114 does not apply to—

(a) a Schedule 8 poison or Schedule 9 poison destroyed by or under the supervision of an authorized officer; or

(b) a Schedule 8 poison or Schedule 9 poison for which a court order has been granted for its destruction; or

(c) a Schedule 8 poison or Schedule 9 poison which has been taken into possession by a police officer and for which an order for destruction has been issued by an officer of rank not below that of Inspector of the Victoria Police; or

(d) a narcotic plant or seed of any narcotic plant as defined in section 70 of the Act.

(2) Subject to subregulation (7), regulation 114 does not apply to a Schedule 8 poison if—

Reg. 115(2)(a) amended by S.R. No. 124/2025 reg. 37.

(a) it is destroyed by a nurse practitioner, an authorised midwife or a registered Aboriginal and Torres Strait Islander health practitioner in the presence of another person who is a registered medical practitioner, pharmacist, veterinary practitioner, dentist, nurse or registered midwife; and

(3) Subject to subregulation (7), regulation 114 does not apply to a Schedule 8 poison or Schedule 9 poison if—

(a) it is destroyed by a registered medical practitioner, veterinary practitioner, dentist or pharmacist in the presence of another person who is a registered medical practitioner, pharmacist, veterinary practitioner, dentist, nurse or registered midwife; and

Reg. 115(3A) inserted by S.R. No. 126/2024 reg. 11(1).

(3A) Subject to subregulation (7), regulation 114 does not apply to a Schedule 8 poison or Schedule 9 poison if—

(a) it is destroyed by a special drug‑checking worker in the presence of another person who is a special drug‑checking worker or a registered medical practitioner, pharmacist, veterinary practitioner, dentist, nurse or registered midwife; and

(4) Subject to subregulation (7), regulation 114 does not apply to the unused contents of a previously sterile container containing a Schedule 8 poison or a Schedule 9 poison that are not required for administration to a patient if—

(a) those contents are destroyed by a registered medical practitioner, pharmacist, veterinary practitioner, dentist, nurse or registered midwife; and

(5) Subject to subregulation (7), regulation 114 does not apply to the unused contents of a previously sterile container containing a Schedule 8 poison listed in the health services permit held by an ambulance service within the meaning of the Ambulance Services Act 1986 that are not required for administration to a patient if—

(a) those contents are destroyed by an operational staff member (within the meaning of that Act) of that ambulance service; and