NARCOTIC DRUGS ACT 1967 - NOTES

NARCOTIC DRUGS ACT 1967 - NOTES

No. 53, 1967

Compilation No. 15

Compilation date: 24 December 2021

Includes amendments up to: Act No. 56, 2021

Registered: 21 January 2022

About this compilation

This compilation

This is a compilation of the Narcotic Drugs Act 1967 that shows the text of the law as amended and in force on 24 December 2021 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Chapter 1--Preliminary

Part 1--General provisions

1 Short title

2 Commencement

2A Object of this Act

3 Simplified outline of this Act

4 Interpretation

5 Crown to be bound

6 Extension to external Territories

7 Inconsistency with State and Territory laws

7A Interaction with State and Territory laws

8 Provisional application of Act to substances

Part 2--Fit and proper person requirements

8A Matters to be taken into account in deciding whether a natural person is a fit and proper person

8B Matters to be taken into account in deciding whether a body corporate is a fit and proper person

8C Act does not affect spent conviction provisions

Chapter 2--Medicinal cannabis licences and permits

Part 1--Introduction

8D Simplified outline of this Chapter

8DA Purpose of this Chapter

Part 2--Licences and permits

Division 1--Medicinal cannabis licences and permits

8E Person may apply for a medicinal cannabis licence

8F Secretary must make a decision on an application for a medicinal cannabis licence

8G General circumstances in which Secretary must refuse to grant a medicinal cannabis licence

8H Exception in special circumstances

8J Particular circumstances in which Secretary must refuse to grant a medicinal cannabis licence that authorises the manufacture of a cannabis drug

8K Secretary may impose conditions

8L Notification of decision

8M Matters to be specified in a medicinal cannabis licence

8N Period for which a medicinal cannabis licence is in force

8P Holder of a medicinal cannabis licence may apply for a medicinal cannabis permit

9 Secretary must make a decision on an application for a medicinal cannabis permit

9A Notification of decision

9B Matters to be specified in a medicinal cannabis permit

9C Period for which a medicinal cannabis permit is in force

Division 3--Conditions of medicinal cannabis licences

10C Medicinal cannabis licence is subject to conditions

10D Conditions that may be prescribed or imposed

10E Condition that medicinal cannabis licence holder inform people of obligations

10F Condition that medicinal cannabis licence holder employ or engage suitable staff

10G Condition that activities authorised by medicinal cannabis licence are undertaken in accordance with medicinal cannabis permit

10H Condition about monitoring and inspection

10J Condition that medicinal cannabis licence holder be a party to certain contracts

10JA Condition for medicinal cannabis licence authorising the manufacture of cannabis drugs

10K Condition that licence holder notify the Secretary of certain matters

10L Sections 10E to 10K do not limit conditions that may be imposed or prescribed

Division 4--Variation and revocation of medicinal cannabis licences and medicinal cannabis permits

10M Variation of medicinal cannabis licences and medicinal cannabis permits

10N Applications for variation of medicinal cannabis licences and medicinal cannabis permits

10P Revocation of medicinal cannabis licence and medicinal cannabis permit

11 Secretary to notify of proposed revocation

11A Suspension or surrender of medicinal cannabis licences and medicinal cannabis permits

Part 3--Offences and civil penalties relating to cannabis plants and cannabis drugs

11B Unauthorised cultivation of cannabis plants etc.

11C Breach of condition of a medicinal cannabis licence--cultivation

11D Unauthorised production of cannabis or cannabis resin

11E Breach of condition of a medicinal cannabis licence--production

11EA Unauthorised manufacture of cannabis drugs

11EB Breach of condition of a medicinal cannabis licence--manufacture

Chapter 3--Licensing the manufacturing of narcotic drugs

Part 1--Introduction

11F Simplified outline of this Chapter

Part 2--Licences and permits

Division 1--Manufacture licences and permits

11G Person may apply for a manufacture licence

11H Secretary must make a decision on an application for a manufacture licence

11J General circumstances in which Secretary must refuse to grant a manufacture licence

11L Secretary may impose conditions

11M Notification of decision

11N Matters to be specified in a manufacture licence

11P Period for which a manufacture licence is in force

12 Holder of a manufacture licence may apply for a manufacture permit

12A Secretary must make a decision on an application for a manufacture permit

12B Notification of decision

12C Matters to be specified in a manufacture permit

12D Period for which a manufacture permit is in force

Division 2--Conditions of manufacture licences

12E Manufacture licence is subject to conditions

12F Conditions that may be prescribed or imposed

12G Condition that manufacture licence holder inform people of obligations

12H Condition that manufacture licence holder employ or engage suitable staff

12J Condition that manufacture of narcotic drugs is in accordance with a manufacture permit

12K Condition about monitoring and inspection

12N Condition that licence holder notify the Secretary of certain matters

12P Sections 12G to 12N do not limit conditions that may be imposed or prescribed

Division 3--Variation and revocation of manufacture licences and manufacture permits

13 Variation of manufacture licences and manufacture permits

13A Applications for variation of manufacture licences and permits

13B Revocation of manufacture licence and manufacture permit

13C Secretary to notify of proposed revocation

13D Suspension or surrender of manufacture licences and manufacture permits

Part 3--Offences and civil penalties relating to manufacture of narcotic drugs

13E Unauthorised manufacture of narcotic drugs

13F Breach of condition of a manufacture licence

Chapter 4--Monitoring and enforcement

Part 1--Introduction

13G Simplified outline of this Chapter

Part 2--Appointment of authorised inspectors

13H Appointment of authorised inspectors

Part 3--Monitoring, inspection, investigation etc. under the Regulatory Powers Act

13J Powers of issuing officers

13K Monitoring powers under Part 2 of the Regulatory Powers Act

13L Modifications of Part 2 of the Regulatory Powers Act

13M Investigation powers under Part 3 of the Regulatory Powers Act

13N Civil penalties under Part 4 of the Regulatory Powers Act

13P Provisions subject to an infringement notice

14 Enforceable undertakings

14A Injunctions

14B Extension to external Territories

Part 4--Monitoring and searching licensed premises

14C Monitoring licensed premises

14D Announcement before entry

14E Occupier is entitled to observe exercise of powers

14F Occupier to provide officers etc. with facilities and assistance

14G Obstruction or hindrance of authorised inspectors

Chapter 5--General

Part 1--Introduction

14H Simplified outline of this Chapter

Part 2--Obtaining and disclosing information and documents

Division 1--Obtaining information and documents for purposes relating to licences

14J Secretary may require further information or documents

14K Secretary may request information or documents from any source

14L Secretary may require information or documents from other sources

14LA Identification of sensitive law enforcement information

14M Failure to give information or documents within specified period

Division 2--Disclosure of certain information

14MA Secrecy--unauthorised disclosures of sensitive law enforcement information

14N Authorised disclosures of information

Part 3--Directions powers

14P Directions with respect to security of premises and handling of things

15 Directions with respect to destruction, etc.

15A Directions with respect to manufacturing and labelling of drugs

15B General matters about directions

15C Failure to comply with a direction

15D Supply of a drug or narcotic preparation not labelled in accordance with a direction

Part 4--Review of decisions

15E Reviewable decisions

15F Notice of reviewable decisions

15G Internal review of reviewable decisions--application for review

15H Internal review of reviewable decisions--review of decision

15J Internal review of reviewable decisions--notice of decision

15K Minister or internal reviewer may require further information

15L Review of decisions under this Division by Administrative Appeals Tribunal

15M Application by Secretary to Administrative Appeals Tribunal

15N Failure to include information identified as sensitive law enforcement information in certain statements

Part 5--Other matters

21 Forfeiture

21A Operation of natural justice hearing rule

22 Drugs passing through Australia

23 Requirement to keep records and furnish reports

24 Inspection of certain premises

24A Physical elements of offences

24B Privilege against self-incrimination

24C Licences not transferable

25 Delegation

25B Secretary to notify States and Territories of certain matters

26 Service of notices

26B Minister may issue standards

26C Minister may issue guidelines

27 Regulations

28 General provisions relating to regulations

Schedule 1--Single Convention on Narcotic Drugs, 1961, as amended by the 1972 Protocol

Endnotes

Endnote 1--About the endnotes

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history

Endnotes

Endnote 1--About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1--About the endnotes

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history

Abbreviation key--Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history--Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation "(md)" added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation "(md not incorp)" is added to the details of the amendment included in the amendment history.

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history