New South Wales Consolidated Acts

DRUG MISUSE AND TRAFFICKING ACT 1985 - SECT 36F

36F Restrictions on issue of licence

(1) A licence for the conduct of premises as an injecting centre must not be issued unless the responsible authorities are of the opinion:

(a) that the internal management protocols for the proposed centre have been finalised and are of a satisfactory standard, and

(b) that there is a sufficient level of acceptance, at community and local government level, for the establishment of an injecting centre at the premises, and

(c) that the premises are suitable for use as an injecting centre, having regard to all relevant matters including the following:

(i) public health and safety,

(ii) the visibility of the premises from the street,

(iii) the proximity of the premises to schools, child care centres and community centres,

(iv) any matters prescribed by the regulations for the purposes of this section.

(2) If a community drug action plan is in force in relation to the area within which the premises of the proposed injecting centre are situated, the responsible authorities must have regard to that plan in forming an opinion as to the matters referred to in subsection (1) (b) and (c).

(3) Without limiting subsection (1), a licence for the conduct of premises as an injecting centre must not be issued unless the responsible authorities are of the opinion:

(a) that any building work that is carried out for the purposes of the centre will be carried out in accordance with the Building Code of Australia , and

(b) that any building that is used for the purposes of the centre will comply with the Building Code of Australia .

(4) In subsection (3), "building", "Building Code of Australia" and "building work" have the same meanings as they have in the Environmental Planning and Assessment Act 1979 .