This website is for use by legal professionals (lawyers and law practices) only. If the information is used incorrectly, you could risk losing money or your legal rights. If you are a member of the public looking for free advice about your legal problems please visit legalaid.vic.gov.au, or contact our Legal Help advice line on 1300 792 387, Monday to Friday from 8 am to 6 pm. 

If you decide to use or rely on the information or make decisions based on the information in this website (which VLA does not recommend) VLA is not liable to you or any third party in any way for any loss, damage, costs or expenses you or they may suffer or incur as a result.

Legislation relating to drug driving

Links to the Act and regulations about drug driving.

Road Safety Act 1986 (Vic)

This Act aims to provide for safe, efficient and equitable road use. It sets out the general obligations of road users and the procedures for the registration of motor vehicles and the licensing of drivers.

See Road Safety Act 1986 (Vic)(opens in a new window).

Road Safety (General) Regulations 2019 (Vic)

These Regulations prescribes procedures and devices (such as speed cameras) that are to be used for evidence in prosecuting traffic offences that involve drugs or alcohol, vehicle speed, mass and other traffic offences.

They also prescribe the penalties and information that is to be contained in parking and traffic infringements.

See Road Safety (General) Regulations 2019 (Vic)(opens in a new window).

Road Safety (Drivers) Regulations 2019 (Vic)

These Regulations set out requirements for drivers licences and the different rules that apply to licences of novice drivers. They also explains the circumstances for cancellation, suspension and addition of demerit points. The offences that attract demerit points to a drivers licence are listed in Schedule 3.

See Road Safety (Drivers) Regulations 2019 (Vic)(opens in a new window).

For demerit points list see Road Safety (Drivers) Regulations 2019 (Vic)—Schedule 3 Demerit points(opens in a new window).

Sentencing Act 1991 (Vic)

This Act deals with the powers of courts to sentence offenders.

See Sentencing Act 1991 (Vic)(opens in a new window).

Criminal Procedure Act 2009 (Vic)

This Act clarifies, simplifies and consolidates laws that relate to criminal procedure in the Magistrates, County and Supreme Courts.

See Criminal Procedure Act 2009 (Vic)(opens in a new window).

Magistrates' Court Act 1989 (Vic)

This Act establishes the Magistrates' Court of Victoria and outlines the law relating to its jurisdiction and procedures.

See Magistrates' Court Act 1989 (Vic)(opens in a new window).

Vexatious Proceedings Act 2014 (Vic)

This Act consolidates the law relating to vexatious proceedings in courts and tribunals by balancing the rights of individuals to access the courts against the public interest in an efficient justice system. It also promotes uniformity with other jurisdictions in the management and prevention of vexatious behaviour.

See Vexatious Proceedings Act 2014 (Vic)(opens in a new window).

Poisons Standard June 2021 (Cth)

This legislative instrument has all of the decisions made about the classification of medicines and poisons into Schedules that are relevant to legislation in all states and territories of Australia. The aim of this instrument is to promote uniform scheduling of substances and uniform labelling and packaging throughout Australia.

See Poisons Standard June 2021 (Cth)(opens in a new window).

Updated