Australian Capital Territory Consolidated Acts

SUPERVISED INJECTING PLACE TRIAL ACT 1999 - NOTES

Note 1     The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2     For example, the Legislation Act, dict, pt 1, defines the following terms:

              •     ambulance service

              •     Attorney-General

              •     DPP

              •     Executive

              •     Legislative Assembly

              •     Minister (see s 162)

              •     notifiable instrument (see s 10)

              •     penalty unit (see s 133)

              •     regulations.

"advisory committee" means the advisory committee established by section 18.

"chairperson" means the chairperson of the advisory committee.

"deputy chairperson" means the deputy chairperson of the advisory committee.

"drug-dependent person"—see the Medicines, Poisons and Therapeutic Goods Act 2008, dictionary.

"facility" means the place that is declared under section 5 to be the facility.

"internal management protocol" means a protocol approved under section 9.

"law enforcement protocol" means a protocol approved under section 8.

"newspaper" means a daily newspaper published and circulating in the ACT.

"operator", of the facility, means a person who is declared under section 5 to be the operator of the facility.

"staff", of the facility, includes the following persons:

        (a)     the operator of the facility;

        (b)     a manager of the facility;

        (c)     a person engaged by the operator or manager of the facility to provide services at the facility, whether under a contract of employment or otherwise;

        (d)     a person engaged by the operator or manager of the facility to provide voluntary assistance at the facility.

"substance" means a controlled medicine, or prohibited substance, within the meaning of the Medicines, Poisons and Therapeutic Goods Act 2008.

"supervised injecting place" means a place that provides—

        (a)     a supervised and hygienic environment for the self-administration of substances by drug-dependent people; and

        (b)     access to clean equipment for such self-administration, and safe facilities for disposing of the equipment; and

        (c)     an opportunity for users of the facility to be referred to counselling, medical treatment, detoxification and similar services.

Endnotes

1     About the endnotes

Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.

Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office.

Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.

If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.

The endnotes also include a table of earlier republications.

2     Abbreviation key

am = amended	ord = ordinance
amdt = amendment	orig = original
ch = chapter	par = paragraph/subparagraph
cl = clause	pres = present
def = definition	prev = previous
dict = dictionary	(prev...) = previously
disallowed = disallowed by the Legislative	pt = part
Assembly	r = rule/subrule
div = division	reg = regulation/subregulation
exp = expires/expired	renum = renumbered
Gaz = Gazette	reloc = relocated
hdg = heading	R[X] = Republication No
IA = Interpretation Act 1967	RI = reissue
ins = inserted/added	s = section/subsection
LA = Legislation Act 2001	sch = schedule
LR = legislation register	sdiv = subdivision
LRA = Legislation (Republication) Act 1996	sub = substituted
mod = modified/modification	SL = Subordinate Law
o = order	underlining = whole or part not commenced
om = omitted/repealed	or to be expired

3     Legislation history

Supervised Injecting Place Trial Act 1999 No 90

notified 23 December 1999 (Gaz 1999 No S65)

commenced 23 December 1999 (s 2)

Note     Act expires 2 years after the day when the first declaration is made under s 5 (see s 33)

as amended by

Supervised Injecting Place Trial Amendment Act 2000 No 39

notified 12 July 2000 (Gaz 2000 No S36)

commenced 12 July 2000 (s 2)

Legislation (Consequential Amendments) Act 2001 No 44 pt 373

notified 26 July 2001 (Gaz 2001 No 30)

s 1, s 2 commenced 26 July 2001 (IA s 10B)

pt 373 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)

Statute Law Amendment Act 2003 (No 2) A2003-56 sch 3 pt 3.26

notified LR 5 December 2003

s 1, s 2 commenced 5 December 2003 (LA s 75 (1))

sch 3 pt 3.26 commenced 19 December 2003 (s 2)

Emergencies Act 2004 A2004-28 pt 3.23

notified LR 29 June 2004

s 1, s 2 commenced 29 June 2004 (LA s 75 (1))

pt 3.23 commenced 1 July 2004 (s 2 (1) and CN2004-11)

Medicines, Poisons and Therapeutic Goods Act 2008 A2008-26 sch 2 pt 2.22

notified LR 14 August 2008

s 1, s 2 commenced 14 August 2008 (LA s 75 (1))

sch 2 pt 2.22 commenced 14 February 2009 (s 2 and LA s 79)

Statute Law Amendment Act 2008 A2008-28 sch 3 pt 3.55

notified LR 12 August 2008

s 1, s 2 commenced 12 August 2008 (LA s 75 (1))

sch 3 pt 3.55 commenced 26 August 2008 (s 2)

4     Amendment history

Long title
long title     sub A2008-26 amdt 2.152

Dictionary
s 2     om R1 LRA
    ins A2003-56 amdt 3.246
    am A2008-26 amdt 2.153

Notes
s 3     defs reloc to dict A2003-56 amdt 3.245
    sub A2003-56 amdt 3.246

Declaration of facility
s 5     am 2000 No 39 s 4; 2001 No 44 amdts 1.3948-1.3950;
A2003-56 amdt 3.247; A2008-26 amdt 2.161

Declaration of operators
s 6     am 2001 No 44 amdt 1.3951, amdt 1.3952

Approval of internal management protocol
s 9     am A2008-26 amdt 2.154

Criteria for assessing facility
s 10     am A2008-26 amdt 2.161

Exemption of staff and other persons from certain criminal proceedings
s 11     am A2008-28 amdt 3.165

Directions to DPP
s 13     am A2008-26 amdt 2.155, amdt 2.161

Things not permitted by Act
s 14     am A2008-26 amdt 2.156

Committee's functions
s 19     am 2001 No 44 amdt 1.3953, amdt 1.3954
    sub A2003-56 amdt 3.248

Constitution
s 20     am A2003-56 amdts 3.249-3.251

Chairperson and deputy chairperson
s 21     am A2003-56 amdt 3.252

Ending of appointments
s 22     sub A2003-56 amdt 3.253
    am A2008-28 amdt 3.166

Resignation
s 23     om A2003-56 amdt 3.253

Minister must consult committee
s 29     am A2003-56 amdt 3.254

Criteria for deciding place for facility
s 30     am A2008-26 amdt 2.161

Regulation-making power
s 32     am 2001 No 44 amdt 1.3955

Dictionary
dict     ins A2003-56 amdt 3.255
    am A2004-28 amdt 3.66
    def advisory committee reloc from s 3 A2003-56 amdt 3.245
    def chairperson reloc from s 3 A2003-56 amdt 3.245
    def deputy chairperson reloc from s 3 A2003-56 amdt 3.245
    def drug dependent person reloc from s 3 A2003-56 amdt 3.245
    om A2008-26 amdt 2.157
    def drug-dependent person ins A2008-26 amdt 2.157
    def drug of dependence reloc from s 3 A2003-56 amdt 3.245
    om A2008-26 amdt 2.158
    def Drugs of Dependence Act reloc from s 3 A2003-56 amdt 3.245
    om A2008-26 amdt 2.158
    def facility reloc from s 3 A2003-56 amdt 3.245
    def internal management protocol reloc from s 3 A2003-56 amdt 3.245
    def law enforcement protocol reloc from s 3 A2003-56 amdt 3.245
    def newspaper reloc from s 3 A2003-56 amdt 3.245
    def operator reloc from s 3 A2003-56 amdt 3.245
    def prohibited substance reloc from s 3 A2003-56 amdt 3.245
    om A2008-26 amdt 2.159
    def staff reloc from s 3 A2003-56 amdt 3.245
    def substance reloc from s 3 A2003-56 amdt 3.245
    sub A2008-26 amdt 2.160
    def supervised injecting place reloc from s 3 A2003-56 amdt 3.245
    am A2008-26 amdt 2.161

5     Earlier republications

Some earlier republications were not numbered. The number in column 1 refers to the publication order.

Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.

Republication No	Amendments to	Republication date
1	Act 2000 No 39	1 September 2000
2	A2001-44	21 January 2002
3	A2003-56	19 December 2003
4	A2004-28	1 July 2004
5	A2008-28	26 August 2008

© Australian Capital Territory 2009

Australian Capital Territory

A1999-90

Republication No 6

Effective: 14 February 2009

Republication date: 14 February 2009

Last amendment made by A2008-28
(republication for amendments by A2008-26)





Unauthorised version prepared by ACT Parliamentary Counsel's Office

About this republication

The republished law

This is a republication of the Supervised Injecting Place Trial Act 1999

(including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 14 February 2009

. It also includes any amendment, repeal or expiry affecting the republished law to 14 February 2009

.

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):

              • authorised republications to which the Legislation Act 2001 applies

              • unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95.

Penalties

The value of a penalty unit for an offence against this republished law at the republication date is—

(a) if the person charged is an individual—$100; or

(b) if the person charged is a corporation—$500.

Australian Capital Territory

Supervised Injecting Place Trial Act 1999

Endnotes

Australian Capital Territory

Supervised Injecting Place Trial Act 1999