(1) In section 4(1) of the Drugs, Poisons and Controlled Substances Act 1981 insert the following definitions--

(a) a registered medical practitioner whose registration has been endorsed by the Medical Practitioners Board of Victoria under section 66 of the Medical Practice Act 1994 as qualified to obtain, possess, use, sell or supply Schedule 1 poisons;

(b) a pharmacist whose registration has been endorsed by the Pharmacy Board of Victoria under section 5 of the Pharmacists Act 1974 as qualified to obtain, possess, use, sell or supply Schedule 1 poisons;

(2) After section 4(2) of the Drugs, Poisons and Controlled Substances Act 1981, insert--

'(3) A reference in this Act to "manufacture" does not include a reference to the process of refining, manipulating and mixing a Schedule　he process of refining, manipulating and mixing a Schedule　1 poison, where the process is carried out by a registered Chinese medicine practitioner, a registered Chinese herbal dispenser or an authorised practitioner in the lawful practice of his or herrofession for the purposes of use, sale or supply by that practitioner or dispenser.'.

After section 12E(1A) of the Drugs, Poisons and Controlled Substances Act 1981, insert--

"(1B) The Minister may, at any time, amend the Poisons Code to--

(a) specify the substances to be included in Schedule 1 in the Poisons List; and

(b) amend, revoke, substitute or insert substances in Schedule 1 in the Poisons List.".

(1) In section 13(1)(a) of the Drugs, Poisons and Controlled Substances Act 1981, after "substance" insert "(other than a Schedule 1 poison)".

(2) In section 13(1) of the Drugs, Poisons and Controlled Substances Act 1981, after paragraph　, after paragraph　(cinsert--

"; and

(d) any registered Chinese medicine practitioner whose registration is endorsed under section　on is endorsed under section　8 of thChinese Medicine Registration Act 2000 is hereby authorised to obtain and have in his or her possession and to use, sell or supply any Schedule 1 poison in accordance with the endorsement in the lawful practice of his or her profession as a registered Chinese medicine practitioner; and

(e) any registered Chinese herbal dispenser whose registration is endorsed under section　(e) any registered Chinese herbal dispenser whose registration is endorsed under section　8 of thChinese Medicine Registration Act 2000 is hereby authorised to obtain and have in his or her possession and to use, sell or supply any Schedule 1 poison in accordance with the endorsement in the lawful practice of his or her profession as a registered Chinese herbal dispenser.".

(3) After section 13(3) of the Drugs, Poisons and Controlled Substances Act 1981, insert--

"(3A) If a registered Chinese herbal dispenser sells or supplies by wholesale a Schedule 1 poison to--

(a) any other registered Chinese herbal dispenser in accordance with an endorsement of that other dispenser's registration under section 8 of the Chinese Medicine Registration Act 2000; or

(b) an authorised practitioner in accordance with an endorsement of the practitioner's registration--

for use by the other registered Chinese herbal dispenser or the authorised practitioner in the lawful practice of his or her profession as a registered Chinese herbal dispenser or as an authorised practitioner, the sale or supply shall for the purposes of sub-section (1) be regarded as a sale or supply in the lawful practice of his or her profession by the first-mentioned registered Chinese herbal dispenser.".

(4) After section 13(4) of the Drugs, Poisons and Controlled Substances Act 1981, insert--

"(5) Despite sub-section (1)(a), a registered medical practitioner or pharmacist who is--

(a) also registered as a Chinese medicine practitioner or Chinese herbal dispenser with an endorsement with respect to Schedule 1 poisons is authorised to obtain and have in his or her possession and to use, sell or supply Schedule 1 poisons in accordance with that endorsement in the lawful practice of his or her profession as a registered medical practitioner or pharmacist; or

(b) an authorised practitioner acting in accordance with an endorsement of his or her registration, is authorised to obtain and have in his or her possession and to use, sell or supply Schedule 1 poisons in the lawful practice of his or her profession as a registered medical practitioner or pharmacist.".

(1) A registered Chinese medicine practitioner or an authorised practitioner must not administer, prescribe, sell or supply a Schedule 1 poison unless--

(a) the poison is for the therapeutic use of a person who has consulted the practitioner; and

(b) the practitioner has taken all reasonable steps to ensure that the person has a therapeutic need for the Schedule 1 poison.

(2) A registered Chinese herbal dispenser or an authorised practitioner must not sell or supply a Schedule 1 poison to a person unless--

(a) the sale or supply is on production of and in accordance with the original written prescription or order of a registered Chinese medicine practitioner or an authorised practitioner; and

(b) the dispenser or authorised practitioner has taken reasonable steps to ensure that the prescription or order is in accordance with any endorsement of the registration of the registered Chinese medicine practitioner or that authorised practitioner.

After section 14 of the Drugs, Poisons and Controlled Substances Act 1981, insert--

"(2) If the Chinese Medicine Registration Board of Victoria established under the Chinese Medicine Registration Act 2000 has imposed in relation to the practice of a practitioner registered under that Act a condition, limitation or restriction prohibiting the prescription, ordering or dispensing of any Schedule 1 poison, that registered practitioner for the purposes of this Act and the regulations is deemed to be not authorised to obtain and have in his or her possession or to use sell or supply in the lawful practice of his or her profession the Schedule 1 poison to which the condition, limitation or restriction relates.".

After section 20(4) of the Drugs, Poisons and Controlled Substances Act 1981, insert--

"(5) A person who sells or supplies by wholesale or manufactures and sells or supplies by wholesale any Schedule 1 poison is authorised to do so without obtaining a licence under this section.".

After section 27A(3) of the Drugs, Poisons and Controlled Substances Act 1981, insert--

"(4) Nothing in this section applies to a Schedule　es to a Schedule　1 poison that is sold or supplied by-

(a) a registered Chinese medicine practitioner or registered Chinese herbal dispenser in accordance with the endorsement of that person's registration under section 8 of the Chinese Medicine Registration Act 2000; or

(b) an authorised practitioner acting in accordance with an endorsement of that practitioner's registration.".

(a) in section 38, omit "any Schedule 1 poison or";

(b) in section 40, omit "any Schedule 1 poison or";

(c) in section 70(2), after "section 4(2)" insert "and (3)".