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NARCOTIC DRUGS ACT 1967 - SECT 28 General provisions relating to regulations

NARCOTIC DRUGS ACT 1967 - SECT 28

General provisions relating to regulations

  (1)   The regulations may provide for:

  (a)   the imposition of penalties of not more than 50 penalty units for a contravention of a provision of the regulations; and

  (b)   the imposition of civil penalties for contraventions of a kind referred to in paragraph   ( a) of not more than:

  (i)   50 penalty units for an individual; or

  (ii)   250 penalty units for a body corporate; and

  (c)   the charging of fees in respect of any matters under this Act ; and

  (d)   matters relating to the payment of fees, including the following:

  (i)   time and manner of payment;

  (ii)   pro - rating, refunds, reduction, remission or waiving; and

  (e)   matters relating to the payment of charge, including the following:

  (i)   the time and manner of payment;

  (ii)   pro - rating, refunds, reduction, remission or waiving.

  (2)   Despite section   14 of the Legislation Act 2003 , the regulations may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other document:

  (a)   as in force or existing at a particular time; or

  (b)   as in force or existing from time to time;

even if the instrument or other document does not exist when the regulations come into operation.

  (3)   The regulations may provide for review of decisions under the regulations.

This Act gives effect to certain of Australia's obligations under the Single Convention on Narcotic Drugs, 1961, as in force from time to time. The Convention, as amended by the 1972 Protocol, is set out in Schedule   1 to this Act.

A licensing and permit scheme regulates the cultivation of cannabis plants, the production of cannabis and cannabis resin, the manufacture of cannabis drugs, and activities relating to such cultivation, production and manufacture. Cultivation and production under the scheme may be undertaken for medicinal or scientific purposes whereas the manufacture of cannabis drugs may be undertaken for a permitted supply.

A separate licensing and permit scheme regulates the manufacture of narcotic drugs covered by the Convention.

Authorised inspectors have monitoring, inspection and enforcement powers under the Regulatory Powers Act to ensure this Act is being complied with. The Secretary has comprehensive powers to give directions to licence holders and former licence holders.

This Chapter deals with medicinal cannabis licences and medicinal cannabis permits.

A medicinal cannabis licence may authorise one or more of the following activities:

  (a)   the cultivation of cannabis plants for the purpose of producing cannabis or cannabis resin for medicinal or scientific purposes and, if appropriate, the obtaining of cannabis plants for the purpose of such cultivation;

  (b)   the production of cannabis or cannabis resin for medicinal or scientific purposes;

  (c)   the manufacture of a cannabis drug for one or more permitted supplies;

  (d)   activities relating to such obtaining, cultivation, production or manufacture.

Before a licence holder can engage in any such activities, the licence holder must obtain a medicinal cannabis permit. Medicinal cannabis permits specify matters relating to the activities that are authorised by the licence.

Certain conditions are imposed on all medicinal cannabis licences, and the Secretary may also impose additional conditions.

Medicinal cannabis licences and permits can be varied or revoked in certain circumstances.

There are offences and civil penalties relating to the cultivation and obtaining of cannabis plants, the production of cannabis and cannabis resin and the manufacture of cannabis drugs.

A manufacture licence may authorise the manufacture of a narcotic drug and activities related to such manufacture.

Before a licence holder can manufacture a narcotic drug, the licence holder must obtain a manufacture permit. Permits deal with matters such as the types and quantities of narcotic drugs that can be manufactured.

Certain conditions are imposed on all manufacture licence holders, and the Secretary may impose additional conditions.

Manufacture licences and manufacture permits can be varied or revoked in certain circumstances.

There are offences and civil penalties relating to the manufacture of narcotic drugs.

Authorised inspectors have monitoring, inspection and enforcement powers under the Regulatory Powers Act to ensure this Act is being complied with. Specific powers are included for the monitoring of licensed premises.

This Chapter also provides for the application of the Regulatory Powers Act in relation to the following:

  (a)   civil penalties;

  (b)   infringement notices;

  (c)   enforceable undertakings;

  (d)   injunctions.

This Chapter enables the Secretary to obtain information and documents from applicants for licences and licence holders.

This Chapter also enables the Secretary to request information and documents from other persons, and to require information and documents from certain agencies.

The Secretary is authorised to release information and documents obtained under or for the purposes of this Act.

The Secretary has directions powers with respect to the security of premises and the handling and destruction of cannabis plants, cannabis drugs, narcotic drugs and narcotic preparations that contain such drugs .

This Chapter also deals with internal and external review of decisions.

This Chapter also contains provisions dealing with matters such as:

  (a)   requirements relating to drugs passing through Australia; and

  (b)   delegating powers and functions under this Act; and

  (c)   serving notices; and

  (d)   making regulations for the purposes of this Act.