MISUSE OF DRUGS ACT 1981 - SECT 41
MISUSE OF DRUGS ACT 1981 - SECT 41
41 . Regulations
(1) The Governor may
make regulations prescribing all matters that are required or permitted by
this Act to be prescribed, or are necessary or convenient to be prescribed,
for giving effect to the purposes of this Act and, in particular —
(a)
prescribing and providing for the recovery of fees to be paid in respect of
matters or things to be done under or for the purposes of this Act;
(b)
providing for the manner in which any thing, which is ordered or required
under this Act —
(i)
to be destroyed, is to be destroyed; and
(ii)
to be released to a person, is to be released; and
(iii)
to be forfeited to the Crown, is to be dealt with;
(ba)
providing for the procedure to be followed in and in relation to the taking,
packaging and labelling of samples;
(c)
providing for the procedure to be followed in and in relation to —
(i)
any analysis or examination under this Act; and
(ii)
the admissibility and receipt of evidence relating to any
thing obtained or received for an analysis or examination referred to in
subparagraph (i);
(d)
providing for the manner in which any thing is to be conveyed to and analysed
or examined by an analyst, botanist or other expert.
(2) Regulations made
under this Act are in addition to and not in derogation of any regulations
made under the Medicines and Poisons Act 2014 , but if and to the extent that
inconsistency exists between regulations made under this Act and regulations
made under the Medicines and Poisons Act 2014 the latter regulations shall
prevail.
(3) The regulations
may create offences and may provide for a penalty not exceeding $1 000.
[Section 41 amended: No. 44 of 1995 s. 15; No. 13
of 2014 s. 177.]