DRUGS, POISONS AND CONTROLLED SUBSTANCES ACT 1981 - SECT 56 Manufacture of heroin etc.

DRUGS, POISONS AND CONTROLLED SUBSTANCES ACT 1981 - SECT 56

S. 56(1) amended by Nos 10262 s. 4, 46/1998 s. 7(Sch. 1).

    (1)     On the recommendation of the Minister, made after consulting with the Secretary, the Governor in Council may licence a fit and proper person to manufacture and sell or supply heroin by wholesale.

    (2)     Where a licence is in force under subsection (1), no other licence shall be in force under that subsection for any period during which the first-mentioned licence is in force.

S. 56(3) amended by Nos 10262 s. 4, 46/1998 s. 7(Sch. 1).

    (3)     On the recommendation of the Minister, made after consulting with the Secretary, the Governor in Council may licence a fit and proper person to formulate heroin.

    (4)     For the purposes of this section, a person formulates heroin if he prepares or does any act for the purpose of or in the course of preparing heroin in a form suitable for human therapeutic use.

    (5)     Where a licence is in force under subsection (3) no other licence under that subsection shall be in force for any period during which the first-mentioned licence is in force.

S. 56(6) amended by Nos 10262 s. 4, 46/1998 s. 7(Sch. 1).

    (6)     The Governor in Council may on the recommendation of the Minister, made after consulting with the Secretary, grant or refuse to grant a licence under subsection (1) or subsection (3).

    (7)     A licence under subsection (1) or subsection (3)—

        (a)     shall remain in force for such period as is specified in the licence;

        (b)     shall be subject to such conditions, limitations and restrictions (if any) as the Governor in Council on the recommendation of the Minister determines and specifies in the licence;

        (c)     shall specify—

              (i)     the premises at which heroin may be manufactured or formulated by the licensee;

              (ii)     the quantity or quantities of heroin which may be manufactured or formulated by the licensee; and

              (iii)     the premises at which the licensee may store or keep heroin or any ingredient used in the manufacture of heroin for the purposes of manufacture or sale or supply by wholesale or for formulation under the licence; and

        (d)     may at any time be revoked or suspended by the Governor in Council on the recommendation of the Minister.

    (8)     A licence under subsection (1) or subsection (3) shall authorize the manufacture and sale or supply of heroin by wholesale or the formulation of heroin (as the case may be) only at the premises and in the quantities specified in the licence, and authorize the storage or keeping of heroin or any ingredient used in the manufacture of heroin for the purposes of manufacture and sale or supply by wholesale or formulation only at the premises specified in the licence.

S. 56(9) amended by Nos 10262 s. 4, 23/1994 s. 118(Sch. 1 item 17.12), 46/1998 s. 7(Sch. 1).

    (9)     The Secretary may by instrument permit a registered medical practitioner or pharmacist to purchase or otherwise obtain from a person in respect of whom a licence is in force under subsection (1) or subsection (3) such quantities of heroin as are specified in the permit and to use the heroin so obtained for such medicinal purposes as are specified in the permit.

S. 56(10) amended by Nos 10262 s. 4, 46/1998 s. 7(Sch. 1).

    (10)     The Secretary may by instrument permit a fit and proper person to purchase or otherwise obtain from a person in respect of whom a licence is in force under subsection (1) or subsection (3) such quantity or quantities of heroin as are specified in the permit and to use the heroin so obtained for such educational experimental or research purposes and at such university or other institution as are specified in the permit.

S. 56(11) amended by Nos 10262 s. 4, 46/1998 s. 7(Sch. 1), 12/1999 s. 4(Sch. 2 item 4.1).

    (11)     On application in that behalf the Secretary may in the Secretary's discretion grant or refuse to grant a permit under subsection (9) or subsection (10).

    (12)     A permit under subsection (9) or subsection (10)—

        (a)     shall remain in force for such period as is specified in the permit;

S. 56(12)(b) amended by Nos 10262 s. 4, 46/1998 s. 7(Sch. 1).

        (b)     shall be subject to such conditions, limitations and restrictions (if any) as the Secretary determines and specifies in the permit; and

        (c)     shall specify the quantity or quantities of heroin that may be obtained under the permit and the purposes for which the heroin so obtained may be used by the person to whom the permit is granted.

S. 56(13) amended by No. 12/1994 s. 17(1).

    (13)     The provisions of sections 22A, 22C, 37(1) and  37(2) shall not apply to any licence granted under this section.

S. 56(14) amended by No. 10002 s. 14(e).

    (14)     A person who—

        (a)     being the holder of an appropriate licence under subsection (1) or subsection (3)—sells or supplies heroin to a person other than a person permitted under this section to purchase or obtain heroin or otherwise than in accordance with any permit granted under this section;

        (b)     being the holder of an appropriate licence under subsection (1) or subsection (3)—manufactures or formulates heroin otherwise than in accordance with the licence; or

        (c)     being the holder of a permit under this section—uses, supplies or administers heroin otherwise than in accordance with the permit—

shall be guilty of an indictable offence and liable to imprisonment for a term of not more than five years or to a penalty of not more than 250 penalty units or to both such penalty and imprisonment.

Pt 3A (Heading and ss 56A– 56F) inserted by No. 40/2017 s. 8.

Part IIIA—Psychoactive substances

S. 56A inserted by No. 40/2017 s. 8.