Overview

The Victorian Government wants to reduce the harm caused by illicit drugs.

The Drugs, Poisons and Controlled Substances (Precursor Supply) Regulations 2010 aim to help reduce the supply of illicit drugs. The current regulations expire on 25 October 2021. The regulations are managed by the Department of Justice and Community Safety (the department).

The department (along with the Department of Health) has prepared new draft regulations. We propose that the new regulations replace the current regulations when they expire.

We have also prepared a Regulatory Impact Statement. The Regulatory Impact Statement assesses the costs and benefits of the proposed regulations and possible alternatives.

Precursors and the precursor control system

Precursors are industrial chemical substances and scientific and laboratory apparatus that can be diverted from legal uses to make illegal drugs such as methylamphetamine.

Victoria’s precursor control system aims to prevent the use of precursor chemicals and equipment in the production of illicit drugs.

The precursor control system requires suppliers to:

  • obtain an End User Declaration (EUD) from a buyer at the point of sale, before supplying any precursor item
  • keep relevant supply and storage records
  • make records available to police for inspection on request.

These obligations only apply to suppliers of precursor chemicals in their pure form.

They do not apply:

  • when precursor chemicals are present in mixtures with other chemicals
  • to the supply, by retail, of retail products containing precursor chemicals.

Purpose and objective of the proposed regulations

The proposed Regulations have two purposes:

  1. Outline schedules of precursor chemicals and precursor apparatus for Victoria’s precursor control system under Part VB of the Drugs, Poisons and Controlled Substances Act 1981 (the Act).
  2. Outline the information that must be included in an End User Declaration.

The objectives of the proposed Regulations are:

  1. To deter the diversion of precursors from legitimate industry use to the production of illicit drugs. They do this by prescribing which chemicals and equipment the precursor controls must be applied to.
  2. To help police track and investigate potential or suspected cases of precursor diversion. They do this by ensuring that EUDs contain necessary information.

The Regulatory Impact Statement concludes that the proposed regulations are the best means to achieve these objectives.

Proposed regulations and Regulatory Impact Statement

How to participate

Public comments and submissions are invited on the Regulatory Impact Statement and the proposed Regulations.

All comments must be in writing and should be marked ‘Precursor Supply Regulations’.

Comments must be received no later than 5.00 pm on Monday 6 September 2021 and can be submitted in three ways. you can submit via:

Precursor Supply Regulations Consultation
Department of Justice and Community Safety
Level 21, 121 Exhibition Street
MELBOURNEVIC3002

Next steps

All comments and submissions will be considered before a decision is taken as to whether to make the proposed regulations.

The responsible Minister will publish a notice of intention to make, or not make, the proposed regulations after considering the public comments and submissions. A response will then be sent to each person who has made a submission if that person has given their contact details.

If the responsible Minister decides that the proposed regulations should be made, all comments, submissions and other documents relevant to the proposed regulations will be submitted to the Scrutiny of Acts and Regulations Committee of Parliament (SARC) in accordance with the requirements of the Subordinate Legislation Act 1994.

Have your say

Privacy collection notice

The Department of Justice and Community Safety (DJCS) collects personal information for the purposes of carrying out public consultation on the proposed Drugs, Poisons and Controlled Substances (Precursor Supply) Regulations 2021 as required by the Subordinate Legislation Act 1994.

All comments and submissions will be treated as public documents unless requested to be made confidential.

In accordance with section 15A of the Subordinate Legislation Act 1994, a copy of all comments and submissions will be provided to the Scrutiny of Act and Regulations Committee (SARC) of the Victorian Parliament.

You do not have to provide personal information to make a submission for this public consultation. However, if you do not provide this information we will not be able to respond to your comments or submissions. If you make a comment or submission on behalf of an organisation and do not provide your name, organisation and email address we will treat it as if it were made by an individual. If you choose to provide personal information DJCS will use this to arrange for a written response to your comments or submission to be sent.

You should avoid including personal information in the body of the submission and must not include the personal information of a third party without the prior written consent of that person.

Personal information may be disclosed to the Department of Health, for the purpose of enabling the department to brief the Minister for Health who is the Minister responsible for the administration of the relevant Act and who will decide whether the proposed regulations should be made. Personal information may also be disclosed to the Minister for Health and the Minister for Police and Emergency Services, in the course of briefing both Ministers on the matters raised in public comments and submissions and to obtain Ministerial authorisation for responses to comments and submissions.

In addition, if it is decided to proceed with the making of the proposed regulations, personal information may be disclosed to SARC. SARC will be provided with copies of all comments and submissions and copies of the responses to comments and submissions to demonstrate that matters raised in public comments and submissions have been appropriately considered. Find out more about the SARC.

Further information about this public consultation process and the proposed Drugs, Poisons and Controlled Substances (Precursor Supply) Regulations 2021 may be obtained by contacting us at precursorsupplyregulations@justice.vic.gov.au.

You are able to request access to the personal information that we hold about you, and to request that it be corrected. Please contact the Freedom of Information Unit on 8684 0063.

The Department respects individuals’ privacy.