reg 1Citation

These regulations may be cited as the Misuse of Drugs Regulations 1982.

reg 2Commencement

These regulations shall come into operation on the day on which the Misuse of Drugs Act 1981 (in these regulations called the Act) comes into operation.

reg 3Term used: Form

In these regulations —

Form means appropriate Form set out in Schedule 1.

[Regulation 3 amended: Gazette 2 Jul 1996 p. 3197.]

reg 3AUniversities prescribed (Act s. 3(1) botanist)

For the purposes of paragraph (a)(ii) of the definition of botanist in section 3(1) of the Act, the universities specified in Schedule 2 are prescribed universities.

[Regulation 3A inserted: Gazette 2 Jul 1996 p. 3197.]

reg 4Classes of person prescribed (Act s. 3(1) approved analyst)

For the purposes of paragraph (b) of the definition of approved analyst in section 3(1) of the Act, a person who belongs to a class set out in the Table to this regulation is an approved analyst.

Table

Victoria
	A person employed by the Government of Victoria as an analyst for the purposes of section 120 of the Drugs, Poisons and Controlled Substances Act 1981 of Victoria.
	The chief botanist or his or her delegate under the Royal Botanic Gardens Act 1991 of Victoria.
Tasmania
	A person appointed as an analyst under section 19 of the Poisons Act 1971 of Tasmania.
	The Tasmanian Government Analyst.
South Australia
	A person appointed as an analyst under section 9 of the Drugs Act 1908¹ of South Australia.
	The person for the time being holding the office of South Australian Government analyst under appointment by the South Australian Governor, or the person so appointed to perform the duties of the South Australian Government analyst for the time being.
Queensland
	A person who, under section 4C(1) of the Drugs Misuse Act 1986 of Queensland, is appointed as an analyst.
New South Wales
	A person employed by the Government of New South Wales as an analyst.
	A person employed by a New South Wales area health service (constituted under section 17 of the Health Services Act 1997 of New South Wales) as an analyst.
	A person who is an analyst appointed under section 37A of the Poisons and Therapeutic Goods Act 1966 of New South Wales.
Northern Territory
	A person appointed under section 3(8) of the Misuse of Drugs Act of the Northern Territory to be an analyst.
Australian Capital Territory
	A person appointed as an analyst under section 183 of the Drugs of Dependence Act 1989 of the Australian Capital Territory.

[Regulation 4 inserted: Gazette 10 Dec 2004 p. 5967‑9.]

reg 4AASpecified drugs (s. 3B)

The following substances are prescribed to be specified substances for the purposes of the Act —

(a)

the substances listed in Schedule 2A Divisions 2 and 3;

(b)

the salts, esters and derivatives of a substance listed in Schedule 2A Divisions 2 and 3;

(c)

any substance containing a substance referred to in paragraph (a) or (b).

[Regulation 4AA inserted: Gazette 17 Jan 2017 p. 412.]

4A. Persons authorised to possess prohibited drugs, plants etc.

(1)

In this regulation —

departmental officer means a person employed or engaged in the department of the Public Service principally assisting in the administration of the Police Act 1892.

(2)

A departmental officer, while performing a function of his or her position on police premises, is a person authorised —

(a)

for the purposes of sections 5(1), 6(2), 7(2) and 14(3) of the Act to have possession of any of the following —

(i)

a pipe or other utensil;

(ii)

a prohibited drug;

(iii)

a prohibited plant;

(iv)

an item that is a category 1 item or a category 2 item;

(v)

a substance that contains, or substances that together contain, a quantity of a category 1 or category 2 item that exceeds the quantity prescribed in relation to the item;

and

(b)

for the purposes of the Act, to have possession of a dangerous substance.

[Regulation 4A inserted: Gazette 12 Nov 2010 p. 5660‑1.]

reg 4BDrug paraphernalia: prescribed things and circumstances (Act s. 7B(5))

(1)

In this regulation —

approved means approved by the CEO;

CEO has the meaning given in the Health Legislation Administration Act 1984 section 3;

needle and syringe programme has the meaning given in the Medicines and Poisons Act 2014 section 3.

(2)

For the purposes of section 7B(5)(b) of the Act, the following things are prescribed —

(a)

shishas;

(b)

hookahs.

(3)

For the purposes of section 7B(5)(c) of the Act, the display or sale of drug paraphernalia in the course of the conduct of an approved needle and syringe programme is prescribed.

[Regulation 4B inserted: Gazette 28 Aug 2012 p. 4142; amended: Gazette 17 Jan 2017 p. 413.]

reg 5AAMinor cannabis related offences, forms for

(1)

If a term is given a meaning in section 8B of the Act, it has the same meaning in this regulation.

(2)

For the purposes of section 8F of the Act, a cannabis intervention requirement is to be in the form of Form M.D. 16.

(3)

For the purposes of section 8I of the Act, a notice withdrawing a cannabis intervention requirement is to be in the form of Form M.D. 17.

(4)

For the purposes of section 8M of the Act, a certificate of completion of a cannabis intervention session is to be in the form of Form M.D. 18.

[Regulation 5AA inserted: Gazette 29 Jul 2011 p. 3139.]

reg 5Category 1 items (Act Part IV)

(1)

The substances specified in Schedule 3 Division 1 are designated as category 1 items.

(2)

The things specified in Schedule 3 Division 2 are designated as category 1 items.

[Regulation 5 inserted: Gazette 10 Dec 2004 p. 5969.]

reg 5ACategory 2 items (Act Part IV)

(1)

The substances specified in Schedule 4 Division 1 are designated as category 2 items.

(2)

The things specified in Schedule 4 Division 2 are designated as category 2 items.

[Regulation 5A inserted: Gazette 10 Dec 2004 p. 5969.]

reg 5BClasses of person prescribed (Act s. 13(1)(b))

(1A)

In subregulation (1) —

chemist means a person registered under the Health Practitioner Regulation National Law (Western Australia) in the pharmacy profession;

optometrist means a person registered under the Health Practitioner Regulation National Law (Western Australia) in the optometry profession;

veterinarian has the meaning given in the Veterinary Practice Act 2021 section 3.

(1)

For the purposes of section 13(1)(b) of the Act, the following classes of person are prescribed —

(aa)

chemist;

(a)

dentist;

(b)

medical practitioner;

(c)

nurse practitioner;

(d)

optometrist;

(e)

veterinarian.

[(2) deleted]

[Regulation 5B inserted: Gazette 10 Dec 2004 p. 5969‑70; amended: Gazette 1 Jul 2011 p. 2748; SL 2022/92 r. 4.]

reg 5CQuantities prescribed (Act s. 14(1))

For the purposes of section 14(1) of the Act —

(a)

the quantity prescribed for a category 1 item is the quantity (if any) specified opposite that item in the third column of Schedule 3 Division 1; and

(b)

the quantity prescribed for a category 2 item is the quantity (if any) specified opposite that item in the third column of Schedule 4 Division 1.

[Regulation 5C inserted: Gazette 10 Dec 2004 p. 5970.]

Misuse of Drugs Regulations 1982

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