Important Update on the Drugs, Poisons and Controlled Substances (Volatile Substances) Regulations 2024
The recent introduction of the Drugs, Poisons and Controlled Substances (Volatile Substances) Regulations 2024 (S. R. No. 41/2024), which came into effect on 15 June 2024, marks a significant development in the regulation of volatile substances within Victoria. This regulation updates the protocols under the Drugs, Poisons and Controlled Substances Act 1981, particularly concerning the search, seizure, and handling of volatile substances.
Here’ a brief overview of the key aspects of the new regulations and what they mean:
Objectives of the New Regulations
The primary objectives of the 2024 Regulations are to enhance the procedures surrounding the handling of volatile substances, which are substances that can be misused by inhalation. Specifically, the regulations aim to:
prescribe how searches related to volatile substances should be conducted.
outline the details that must be recorded during searches, seizures, and apprehensions.
define the process for recording the disposal or safe handling of seized substances.
Key Provisions
Manner of Conducting Searches
Police Officers are now provided with a detailed framework for conducting searches without a warrant under the Act. These include:
a. The use of electronic metal detection devices or physical searches of a person’s outer clothing.
b. Enhanced guidelines to ensure searches are conducted with respect to privacy and dignity, including specific provisions to align the gender of the officer with the person being searched where practicable.
Searches on Private Premises
When conducting searches on private premises, especially involving minors under 18, police officers must, if practical, allow an adult nominated by the minor to be present during the search.
Record keeping for Searches and Seizures
The regulations mandate that detailed records be kept for each search, seizure, and any subsequent disposal of volatile substances. These records must include:
a. the date, time, and place of the search.
b. the name and rank of the officer involved.
c. a description of any volatile substances or items seized during the search.
d. any grounds for the search and subsequent seizure.
Handling of Seized Substances
The regulations also specify how seized volatile substances should be disposed of or rendered safe. Detailed records must be maintained to ensure transparency in the handling and disposal of these substances.
Implications for the Community and Law Enforcement
The updated regulations are a crucial step in improving public safety by enhancing the control and handling of volatile substances. These substances, which are often misused, pose a significant risk to individuals and communities. The new framework aims to ensure that law enforcement officers have clear guidelines for conducting searches and seizures in a manner that balances public safety with individual rights.
Why This Matters for You
If you are a business owner, an organisation involved in the supply of controlled substances, or a legal practitioner, it’s essential to understand these updates. Compliance with these regulations is not just a legal requirement but a vital part of contributing to community safety.
At Balwyn Legal, we are here to assist businesses and individuals in understanding and complying with these changes. Whether you require advice on how these regulations may affect your operations or need representation in matters related to controlled substances, our team is ready to provide expert guidance.