Australian Capital Territory Numbered Acts Australian Capital Territory Numbered ActsSchedule 2 Consequential and other amendments
(see s 510)
Part 2.1 Animal Diseases Act 2005
[2.1] Section 54 (a)
substitute
(a) an analyst under the Public Health Act 1997 , section 15 ;
Note Analyst includes the government analyst (see Public Health Act 1997 , dict).
Part 2.2 Bail Act 1992
substitute
Part 1.3 Offence against Drugs of Dependence Act
1989
column 1 item | column 2 provision | column 3 description of offence |
|
1 | 164 | sale, supply etc of drug of dependence or prohibited substance |
Part 1.3A Offences against Medicines, Poisons and Therapeutic
Goods Act 2008
column 1 item | column 2 provision | column 3 description of offence |
|
1 | 26 | supply of controlled medicine or prohibited substance |
| 2 | 33 | manufacture of controlled medicine or prohibited substance |
[2.3] Schedule 1, parts 1.3A and 1.4
renumber as schedule 1, parts 1.4 and 1.5
Part 2.3 Children and Young People Act 1999
[2.4] Section 2 , note 1
substitute
Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references ("signpost definitions") to other terms defined elsewhere.
For example, the signpost definition ‘ controlled drug —see the Criminal Code, section 600.' means that the term ‘controlled drug' is defined in that section and the definition applies to this Act.
[2.5] Sections 47 (2) (a) (ii), 332 (1) (a) (ii) and 333 (1) (c)
omit
drug of dependence or
[2.6] Dictionary, definition of drug of dependence
omit
Part 2.4 Crimes Act 1900
insert
Part 8 Anabolic steroids
170 Meaning of anabolic steroid
In this part:
"anabolic steroid" means an anabolic steroidal agent.
171 Prescribing and supplying anabolic steroids
(1) A person commits an offence if the person prescribes an anabolic steroid for someone else for human use.
Maximum penalty: 500 penalty units, imprisonment for 5 years or both.
(2) A person commits an offence if the person supplies an anabolic steroid for someone else for human use.
Maximum penalty: 500 penalty units, imprisonment for 5 years or both.
(3) This section does not apply to an anabolic steroid if the anabolic steroid is—
(a) registered under the Therapeutic Goods Act 1989 (Cwlth); or
(b) prescribed or supplied for the purposes of a clinical trial conducted under that Act.
(4) In this section:
"prescribe"—see the Medicines, Poisons and Therapeutic Goods Act 2008 , dictionary.
"supply"—see the Medicines, Poisons and Therapeutic Goods Act 2008 , section 24.
Note Supply includes sell and dispense (see Medicines, Poisons and Therapeutic Goods Act 2008 , s 24).
172 Possessing anabolic steroids
(1) A person commits an offence if the person possesses an anabolic steroid.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(2) Subsection (1) does not apply to a person who—
(a) is authorised under the Medicines, Poisons and Therapeutic Goods Act 2008 to manufacture, possess or supply the anabolic steroid; or
(b) obtained the anabolic steroid from someone who is authorised in accordance with paragraph (a) to supply the anabolic steroid to the person.
173 Administering anabolic steroids
(1) A person commits an offence if the person administers an anabolic steroid to himself, herself or someone else.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(2) This section does not apply to an anabolic steroid if the anabolic steroid is—
(a) registered under the Therapeutic Goods Act 1989 (Cwlth); or
(b) administered for the purposes of a clinical trial conducted under that Act.
Part 2.5 Crimes (Sentence Administration) Regulation 2006
[2.8] Section 2 , note 1
substitute
Note 1 The dictionary at the end of this regulation defines certain terms used in this regulation, and includes references ( signpost definitions ) to other terms defined elsewhere.
For example, the signpost definition ‘"medicine"—see the Medicines, Poisons and Therapeutic Goods Act 2008 , section 11.' means that the term ‘medicine' is defined in that section and the definition applies to this regulation.
[2.9] Section 4 (c)
omit
prescribed substance
substitute
[2.10] Dictionary, definitions of drug of dependence and drugs and poisons standard
omit
[2.11] Dictionary, new definition of medicine
insert
"medicine"—see the Medicines, Poisons and Therapeutic Goods Act 2008 , section 11.
[2.12] Dictionary, definition of prescribed substance
omit
[2.13] Dictionary, definition of prohibited substance
substitute
"prohibited substance"—see the Medicines, Poisons and Therapeutic Goods Act 2008 , section 13.
[2.14] Section 605, note and section 614, note
substitute
Note For an additional offence relating to possessing controlled drugs, see the Drugs of Dependence Act 1989 , s 169 and s 171 and the Medicines, Poisons and Therapeutic Goods Act 2008 , s 36.
[2.15] Sections 633 (1) (b), 634 (1) (b) and 635 (1) (b)
omit
this chapter or the Drugs of Dependence Act 1989 , part 10
substitute
this chapter, the Drugs of Dependence Act 1989 , part 10 or the Medicines, Poisons and Therapeutic Goods Act 2008 , chapter 4
Part 2.7 Criminal Code Regulation 2005
[2.16] Sections 5 to 9
omit
mentioned in
substitute
under
[2.17] Schedule 1, note to schedule 1
substitute
Note to sch 1
This schedule is divided into pt 1.1 (Controlled medicines) and pt 1.2 (Prohibited substances). These terms are not relevant for the Criminal Code but are terms used in the Medicines, Poisons and Therapeutic Goods Act 2008 .
[2.18] Schedule 1, part 1.1 heading
substitute
Part 1.1 Controlled medicines
Part 2.8 Dangerous Substances Act 2004
[2.19] Section 8 (1), note 2
omit
• Occupational Health and Safety Act 1989
• Poisons Act 1933
• Poisons and Drugs Act 1978
substitute
• Medicines, Poisons and Therapeutic Goods Act 2008
• Occupational Health and Safety Act 1989
Part 2.9 Drugs of Dependence Act 1989
substitute
An Act to prohibit the sale, supply and possession of drugs of dependence and prohibited substances, and for related purposes
[2.21] Sections 3 and 3AA
substitute
2 Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references ("signpost definitions") to other terms defined elsewhere in this Act.
For example, the signpost definition ‘"offence", for part 11 (Enforcement)—see section 174.' means that the term ‘offence' is defined in that section for part 11.
Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
3 Notes
A note included in this Act is explanatory and is not part of this Act.
Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
relocate in division 9.1 as section 121A
[2.23] New sections 4 and 5
insert
4 Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1 Criminal Code
The Criminal Code, ch 2 applies to the following offence against this Act (see Code, pt 2.1):
• s 162 (Cultivation of 1 or 2 cannabis plants).
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg "conduct", "intention", recklessness and strict liability ).
Note 2 Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
5 References to buprenorphine, cannabis or methadone
In this Act, a reference to buprenorphine, cannabis or methadone, includes a reference to—
(a) an active principal of the substance; or
(b) a preparation or admixture of the substance; or
(c) a salt of the substance or active principal.
omit
[2.25] Sections 86 and 87
relocate to Public Health Act 1997, division 3A.1, as sections 66C and 66D
[2.26] Section 88 (1) (b)
omit
sections 91 or 92
substitute
section 66H and section 66I
[2.27] Section 88 (2)
omit
substitute
[2.28] Section 89
omit
substitute
section 66G
[2.29] Sections 88 and 89 (as amended)
relocate to Public Health Act 1997, division 3A.1, as sections 66E and 66F
[2.30] Sections 90 to 92
relocate to Public Health Act 1997, division 3A.1, as sections 66G to 66I
[2.31] Section 93 (1) (b) (i)
omit
a drug of dependence or prohibited substance
substitute
a controlled drug under the Criminal Code, section 600
[2.32] Section 93 (as amended)
relocate to Public Health Act 1997, division 3A.1, as section 66J
[2.33] Section 94
relocate to Public Health Act 1997, division 3A.1, as section 66K
relocate to Public Health Act 1997, division 3A.2, as sections 66M to 66Q
omit
section 198A
substitute
[2.36] Section 94G (as amended)
relocate to Public Health Act 1997, division 3A.2, as section 66R
relocate to Public Health Act 1997, division 3A.2, as sections 66S and 66T
omit
omit
[2.40] Section 121 , new definition of director
insert
"director" means the Director, Alcohol and Drug Service under section 121A.
[2.41] Sections 160 and 161
omit
[2.42] Sections 164 (4) and (5)
substitute
(4) Subsection (2) does not apply if the person is authorised under the Medicines, Poisons and Therapeutic Goods Act 2008 , or another territory law, to sell or supply the drug of dependence.
(5) Subsection (3) does not apply if the person is authorised under the Medicines, Poisons and Therapeutic Goods Act 2008 , or another territory law, to sell or supply the prohibited substance.
[2.43] Sections 166 to 168
omit
[2.44] Section 169 heading
substitute
169 Possessing drugs of dependence
[2.45] Section 169 (2) to (4)
substitute
(2) Subsection (1) does not apply if the person is authorised under the Medicines, Poisons and Therapeutic Goods Act 2008 , or another territory law, to possess the drug of dependence.
[2.46] Section 170
omit
[2.47] Section 171 heading
substitute
171 Possessing prohibited substances
[2.48] Section 171 (2) to (5)
substitute
(2) Subsection (1) does not apply if the person is authorised under the Medicines, Poisons and Therapeutic Goods Act 2008 , or another territory law, to possess the prohibited substance.
[2.49] Section 171A (7), definition of simple cannabis offence , paragraph (c)
omit
section 171 (2)
substitute
the Medicines, Poisons and Therapeutic Goods Act 2008 , section 37 (2) (Administering certain declared substances)
[2.50] Sections 173 and 173A
omit
[2.51] Section 175
omit
[2.52] Section 177 and 178
omit
[2.53] Section 180
substitute
180 Production of identity card
A treatment centre inspector must not remain at premises entered under this division if the inspector does not produce his or her identity card when asked by the occupier.
[2.54] Section 181
omit
a drug inspector or
[2.55] Sections 183 and 183A
omit
[2.56] Section 190 (1) and (2)
omit
or drug inspector
[2.57] Section 190 (3)
omit
commissioner of police
substitute
chief police officer
[2.58] Section 192
omit
[2.59] Section 193
omit
a copy of a certificate referred to in section 192 (1)
substitute
a copy of an analyst's certificate
substitute
(a) the matters mentioned in any analyst's certificate in relation to the seized cannabis;
substitute
(e) be accompanied by an analyst's certificate in relation to the substance.
[2.62] New section 195 (2)
insert
(2) However, the government analyst need not dispose of a substance when required to under subsection (1) if the analyst—
(a) tells the chief health officer in writing that the analyst intends to use the substance as a reference under the Public Health Act 1997 , section 15AA (Analysts and assistants—authority to handle drugs etc); and
(b) removes from the substance any information that links the substance to an offence or prosecution or to a person from whom it was seized.
[2.63] Section 197 (1) (a)
omit
commissioner of police
substitute
chief police officer
omit
omit
a drug inspector,
omit
[2.67] Schedule 2, items 1 to 19
omit
insert
Dictionary
(see s 2)
Note 1 The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
• chief police officer
• intersex person (see s 169B)
• police officer.
"analyst" means an analyst under the Public Health Act 1997 , section 15 who is authorised under that Act to exercise a function under this Act.
Note Analyst includes the government analyst (see Public Health Act 1997 , dict).
"analyst's certificate" means a certificate under the Public Health Act 1997 , section 135A.
"approval", for division 9.4 (Approval of treatment centres)—see section 148.
"approval holder", for division 9.4 (Approval of treatment centres)—see section 148.
"approved treatment centre", for part 9 (Treatment)—see section 121.
"assessment order", for part 9 (Treatment)—see section 121.
"cannabis"—
(a) means a cannabis plant, whether living or dead, and includes any flowering or fruiting top, leaf, seed, stalk or any other part of a cannabis plant and any mixture of parts of a cannabis plant or cannabis plants; but
(b) does not include cannabis resin or cannabis fibre.
Note See also section 5.
"cannabis fibre" means a substance consisting wholly or substantially of fibre from a cannabis plant but not containing any other material from a cannabis plant.
"cannabis plant" means a plant of the Genus Cannabis.
"cannabis resin" means a substance consisting wholly or substantially of resin, whether crude, purified or in any other form, from a cannabis plant.
chapter 6 substance —
(a) for division 11.3 (Search, seizure and analysis)—see section 182; and
(b) for division 11.4 (Disposal of seized substances, compensation and recovery)—see section 193A.
"connected", for part 11 (Enforcement)—see section 174.
"director", for part 9 (Treatment)—see section 121.
"drug dependence" means the condition because of which a person is a drug-dependent person.
"drug-dependent person", in relation to a drug of dependence or prohibited substance, means a person with a condition—
(a) who, as a result of the administration of the drug or substance, demonstrates, in relation to the person's use of the drug or substance—
(i) impaired control; or
(ii) drug-seeking behaviour that suggests impaired control; and
(b) who, as a result of the cessation of the administration of the drug or substance, is likely to experience symptoms of mental or physical distress or disorder.
"drug of dependence" means a substance prescribed by regulation as a drug of dependence.
"government analyst" means the government analyst under the Public Health Act 1997 , section 15 (b).
"hospital"—see the Medicines, Poisons and Therapeutic Goods Act 2008 , dictionary.
"member", for part 9 (Treatment)—see section 121.
"mental condition" does not include drug dependence.
"occupier", for part 11 (Enforcement)—see section 174 (4).
"offence", for part 11 (Enforcement)—see section 174.
"offender", for part 9 (Treatment)—see section 121.
"opioid dependency treatment
centre "means a treatment centre or other facility where treatment, including
the supply and administration of methadone or buprenorphine, is provided to
drug-dependent people for their drug dependency—
(a) if the facility is—
(i) conducted by the Territory; or
(ii) approved under division 9.4, as a treatment centre of that type; and
(b) whether or not the main purpose of the facility is to provide treatment for drug-dependent people.
"panel", for part 9 (Treatment)—see section 121.
"physical condition"—
(a) means—
(i) a physical disease, illness, ailment, defect or injury; or
(ii) pregnancy; or
(iii) a physical state that may be changed by surgery in the course of professional medical practice; but
(b) does not include drug dependence.
"place", for division 11.3 (Search, seizure and analysis)—see section 182.
"prohibited substance" means a substance prescribed by regulation as a prohibited substance.
"proper officer", for part 9 (Treatment)—see section 121.
"protocol", for division 11.4 (Disposal of seized substances, compensation and recovery)—see section 193A.
"responsible officer", for part 9 (Treatment)—see section 121.
"seized cannabis plant", for division 11.4 (Disposal of seized substances, compensation and recovery)—see section 193A.
"seized cannabis plants protocol", for division 11.4 (Disposal of seized substances, compensation and recovery)—see section 193A.
"seized cannabis product", for division 11.4 (Disposal of seized substances, compensation and recovery)—see section 193A.
"seized cannabis product protocol", for division 11.4 (Disposal of seized substances, compensation and recovery)—see section 193A.
"seized substance", for division 11.4 (Disposal of seized substances, compensation and recovery)—see section 193A.
"sell" includes offer or expose for sale.
"supply" includes offer to supply but does not include administer.
"treatment", in relation to the treatment of a person for drug dependence, means treatment, therapy or a program that is aimed at assisting the person in relation to that dependence, and includes—
(a) medical treatment or therapy or an education or rehabilitation program; and
(b) in relation to the treatment of a person with methadone or buprenorphine at an opioid dependency treatment centre—
(i) the administration of methadone or buprenorphine to the person at the centre; or
(ii) the supply of methadone or buprenorphine to the person at the centre for self-administration at the centre or elsewhere.
"treatment centre"—
(a) means—
(i) a hospital, nursing home, hostel or other institution
that ordinarily provides treatment for people who are
drug-dependent in
relation to any drug of dependence; or
(ii) premises where a pharmacist practices pharmacy; or
(iii) premises where a doctor practices medicine; but
(b) does not include a hospital or other health facility conducted by the Territory.
"treatment centre inspector" means a person appointed as a treatment centre inspector under section 176.
"treatment order", for part 9 (Treatment)—see section 121.
Part 2.10 Environment Protection Act 1997
[2.69] Section 15 (2)
substitute
(2) An analyst under the Public Health Act 1997 , section 15 is also an analyst for this Act.
Note Analyst includes the government analyst (see Public Health Act 1997 , dict).
Part 2.11 Food Act 2001
[2.70] Section 78 (2), note 2
substitute
Note 2 For evidentiary certificates by authorised analysts, see the Public Health Act 1997 , s 135A.
[2.71] Section 133 (3), new note
insert
Note For evidentiary certificates by authorised analysts, see the Public Health Act 1997 , s 135A.
[2.72] Section 134
omit
[2.73] Dictionary, definition of authorised analyst
substitute
"authorised analyst" means an analyst under the Public Health Act 1997 , section 15 who is authorised under that Act to exercise a function under this Act.
Note Analyst includes the government analyst (see Public Health Act 1997 , dict).
Part 2.12 Health Act 1993
insert
Part 9 Restriction on pharmacy premises
129 Restriction on pharmacy premises—supermarkets
(1) A person commits an offence if the person operates a community pharmacy inside, or partly inside, premises being used as a supermarket.
Maximum penalty: 200 penalty units, imprisonment for 2 years or both.
(2) A pharmacist commits an offence if the pharmacist practises as a pharmacist in a community pharmacy inside, or partly inside, premises being used as a supermarket.
Maximum penalty: 200 penalty units, imprisonment for 2 years or both.
(3) In this section:
"community pharmacy"—see the Medicines, Poisons and Therapeutic Goods Act 2008 , dictionary.
"supermarket" means a large shop selling food and other household items where the selection of goods is organised on a self-serve basis.
Note This definition is the same as the definition of supermarket in the territory plan.
substitute
Part 10 Review of decisions
Part 2.13 Health Professionals Act 2004
[2.76] Section 38 (2), example 1
omit
drug
substitute
omit
omit
omit
Part 2.14 Health Professionals Regulation 2004
[2.80] Section 3 , note 1
substitute
Note 1 The dictionary at the end of this regulation defines certain terms used in this regulation, and includes references ( signpost definitions ) to other terms defined elsewhere.
For example, the signpost definition ‘ prohibited substance —see the Medicines, Poisons and Therapeutic Goods Act 2008 , section 13.' means that the term ‘prohibited substance' is defined in that section and the definition applies to this regulation.
[2.81] Section 115 (1) (c)
substitute
(c) whether the person has an addiction to a substance (whether alcohol, a medicine, a prohibited substance or another substance) that may affect the person's ability to practise the health profession;
Note Prohibited substance —see the dictionary.
[2.82] Sections 142 and 143
substitute
142 Substances that affect health professional's abilities
(1) A registered health professional must not practise while under the influence of a substance (whether alcohol, a medicine, a prohibited substance or another substance) if the substance affects the health professional's ability to practise.
Note Prohibited substance —see the dictionary.
(2) A registered health professional must not practise while dependent on a substance (whether alcohol, a medicine, a prohibited substance or another substance) that may adversely affect the health professional's ability to practise.
143 Controlled medicines and prohibited substances for patients
(1) A registered health professional must not supply or administer a controlled medicine or prohibited substance to a drug-dependent person.
Note Controlled medicine and prohibited substance —see the dictionary.
(2) This section does not apply to a controlled medicine if the controlled medicine is required for the medical treatment of the drug-dependent person and is supplied or administered as part of a treatment plan for the person.
(3) In this section:
"drug-dependent person"—see the Medicines, Poisons and Therapeutic Goods Act 2008 , dictionary.
"supply"—see the Medicines, Poisons and Therapeutic Goods Act 2008 , section 24.
[2.83] Schedule 2, note to schedule 2, 4th dot point, paragraph (c)
substitute
(c) whether the person has an addiction to a substance (whether alcohol, a medicine, a prohibited substance or another substance) that may affect the person's ability to practise; and
[2.84] Schedule 2, section 2.12 (2) (b) (i)
omit
drug of dependence
substitute
[2.85] Schedule 3, note to schedule 3, 4th dot point, paragraph (c)
substitute
(c) whether the person has an addiction to a substance (whether alcohol, a medicine, a prohibited substance or another substance) that may affect the person's ability to practise; and
[2.86] Schedule 4, note to schedule 4, 4th dot point, paragraph (c)
substitute
(c) whether the person has an addiction to a substance (whether alcohol, a medicine, a prohibited substance or another substance) that may affect the person's ability to practise; and
[2.87] Schedule 5, note to schedule 5, 5th dot point, paragraph (c)
substitute
(c) whether the person has an addiction to a substance (whether alcohol, a medicine, a prohibited substance or another substance) that may affect the person's ability to practise; and
[2.88] Schedule 5, section 5.2
omit
[2.89] Schedule 6, note to schedule 6, 4th dot point, paragraph (c)
substitute
(c) whether the person has an addiction to a substance (whether alcohol, a medicine, a prohibited substance or another substance) that may affect the person's ability to practise; and
[2.90] Schedule 6, section 6.1, definition of dentist procedure , paragraph (b)
omit
drugs or
[2.91] Schedule 7, note to schedule 7, 4th dot point, paragraph (c)
substitute
(c) whether the person has an addiction to a substance (whether alcohol, a medicine, a prohibited substance or another substance) that may affect the person's ability to practise; and
[2.92] Schedule 8, note to schedule 8, 5th dot point, paragraph (c)
substitute
(c) whether the person has an addiction to a substance (whether alcohol, a medicine, a prohibited substance or another substance) that may affect the person's ability to practise; and
[2.93] Schedule 9, note to schedule 9, 4th dot point, paragraph (c)
substitute
(c) whether the person has an addiction to a substance (whether alcohol, a medicine, a prohibited substance or another substance) that may affect the person's ability to practise; and
[2.94] Schedule 10, note to schedule 10, 4th dot point, paragraph (c)
substitute
(c) whether the person has an addiction to a substance (whether alcohol, a medicine, a prohibited substance or another substance) that may affect the person's ability to practise; and
[2.95] Schedule 11, note to schedule 11, 4th dot point, paragraph (c)
substitute
(c) whether the person has an addiction to a substance (whether alcohol, a medicine, a prohibited substance or another substance) that may affect the person's ability to practise; and
[2.96] Schedule 11, new part 11.1 heading
before section 11.1, insert
Part 11.1 Optometrists—preliminary
[2.97] Schedule 11, section 11.1, new definitions
insert
"competency standards", for an optometrist restricted medicines authority—see section 11.10.
"optometrist restricted medicines authority" means an optometrist restricted medicines authority issued under section 11.12.
[2.98] Schedule 11, new part 11.2 heading
before section 11.2, insert
Part 11.2 Optometrists—regulation generally
[2.99] Schedule 11, new part 11.3
insert
Part 11.3 Optometrists—restricted medicines authorities
11.10 Competency standards for optometrist restricted medicines authorities
(1) The competency standards for the issue to a registered optometrist of an optometrist restricted medicines authority are—
(a) the competency standards approved from time to time by the NSW committee with the changes (if any) determined by the Minister; and
(b) the criteria approved from time to time by the NSW committee for meeting the competency standards with the changes (if any) determined by the Minister.
(2) A determination by the Minister under subsection (1) (a) or (b) is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
(3) In this section:
"NSW committee" means the Optometrists Drug Authority Committee established under the Poisons and Therapeutic Goods Act 1966 (NSW), section 17B.
11.11 Maximum term of optometrist restricted medicines authorities
The board must approve a maximum period for which an optometrist restricted medicines authority may be issued.
11.12 Issue of optometrist restricted medicines authorities
(1) The board may, in writing, issue an authority (an optometrist restricted medicines authority ) for the treatment of ocular conditions to a registered optometrist if satisfied that the optometrist meets the competency standards for the issue of the authority.
(2) In deciding whether a registered optometrist satisfies the competency standards, the board must apply the criteria mentioned in section 11.10 (1) (b).
(3) An optometrist restricted medicines authority is issued for the period stated in the authority.
(4) The period stated in an optometrist restricted medicines authority must be for a period not longer than the maximum period approved under section 11.11.
11.13 Conditions of optometrist restricted medicines authorities
The board may issue an optometrist restricted medicines authority subject to any conditions to ensure that the ocular medicines to which the authority relates are properly prescribed and administered.
11.14 Amending conditions of optometrist restricted medicines authorities on board's initiative
(1) The board may, by written notice given to the holder of an optometrist restricted medicines authority, amend the authority to change the authority's conditions.
(2) However, the board may amend the optometrist restricted medicines authority to change the authority's conditions only if—
(a) the board has given the authority-holder written notice of the proposed amendment; and
(b) the notice states that written comments on the proposal may be made to the board before the end of a stated period of at least 14 days after the day the notice is given to the authority-holder; and
(c) after the end of the stated period, the board has considered any comments made in accordance with the notice.
(3) The amendment takes effect on the day notice of the change is given to the authority-holder or any later day stated in the notice.
(4) In this section:
"change", for the conditions of an optometrist restricted medicines authority, means—
(a) amend an existing authority condition; or
(b) impose a new authority condition; or
(c) remove an existing authority condition.
11.15 Amending conditions of optometrist restricted medicines authorities on application by authority-holder
(1) The holder of an optometrist restricted medicines authority may apply to the board to amend the authority (including by changing the authority's conditions).
(2) In deciding whether to amend the optometrist restricted medicines authority, the board may consider anything in relation to the competency standards for an optometrist restricted medicines authority.
(3) If the board receives an application under subsection (1), the board must—
(a) amend the authority in accordance with the application; or
(b) amend the authority in terms different to the application; or
(c) refuse to amend the authority.
(4) In this section:
"change", for the conditions of an optometrist restricted medicines authority—see section 11.14.
[2.100] Schedule 12, note to schedule 12, 4th dot point, paragraph (c)
substitute
(c) whether the person has an addiction to a substance (whether alcohol, a medicine, a prohibited substance or another substance) that may affect the person's ability to practise; and
[2.101] Schedule 13, note to schedule 13, 4th dot point, paragraph (c)
substitute
(c) whether the person has an addiction to a substance (whether alcohol, a medicine, a prohibited substance or another substance) that may affect the person's ability to practise; and
[2.102] Schedule 14, note to schedule 14, 4th dot point, paragraph (c)
substitute
(c) whether the person has an addiction to a substance (whether alcohol, a medicine, a prohibited substance or another substance) that may affect the person's ability to practise; and
[2.103] Dictionary, new definitions
insert
"competency standards", for an optometrist medicine authority, for schedule 11 (Optometrists)—see section 11.10.
"controlled medicine"—see the Medicines, Poisons and Therapeutic Goods Act 2008 , section 11.
[2.104] Dictionary, definition of drug of dependence
omit
[2.105] Dictionary, new definitions
insert
"optometrist restricted medicines authority", for schedule 11 (Optometrists)—see section 11.1.
"prohibited substance"—see the Medicines, Poisons and Therapeutic Goods Act 2008 , section 13.
Part 2.15 Health Professionals (Special Events Exemptions) Act 2000
[2.106] Section 2 , note 1
substitute
Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references ("signpost definitions") to other terms defined elsewhere.
For example, the signpost definition ‘"supply"—see the Medicines, Poisons and Therapeutic Goods Act 2008 , section 24.' means that the term ‘supply' is defined in that section and the definition applies to this Act.
[2.107] Section 8 (3)
substitute
(3) This section does not authorise a visiting health professional to possess, or supply to a visitor, a prohibited substance within the meaning of the Medicines, Poisons and Therapeutic Goods Act 2008 .
[2.108] Sections 10 and 11
substitute
10 Issue of prescriptions and supply of prescription medicines
(1) A visiting health professional may be authorised under this section to issue a written prescription for a prescription medicine.
(2) An authorisation under this section does not authorise a visiting health professional to issue a prescription unless the prescription could be issued by an authorised person under the Medicines, Poisons and Therapeutic Goods Act 2008 .
(3) The Minister may, in a special event declaration—
(a) authorise a visiting health professional, whom the Minister is satisfied should be regarded as qualified to issue prescriptions, to issue written prescriptions for a prescription medicine in the course of providing health care services in accordance with this Act; and
(b) authorise a supplier to supply a prescription medicine on the prescription.
Note A power given under an Act to make a statutory instrument about particular matters includes power to make a statutory instrument about any 1 or more of the matters or a particular class of the matters (see Legislation Act, s 48 (2)).
(4) The Minister must not make a special event declaration containing an authorisation under subsection (3) unless satisfied that adequate arrangements are in place to ensure that prescription medicines will be prescribed only for, and supplied only to, visitors to whom visiting health professionals are authorised to provide health care services under this Act.
(5) A special event declaration may impose conditions on an authorisation under subsection (3), including a visiting health professional's authority to issue prescriptions.
(6) In this section:
"supplier", of a prescription medicine, means a person who is authorised under the Medicines, Poisons and Therapeutic Goods Act 2008 to supply the medicine.
11 Exemptions relating to offences
(1) A visiting health professional does not commit an offence against the Health Professionals Act 2004 , the Medicines, Poisons and Therapeutic Goods Act 2008 or the Skin Penetration Procedures Act 1994 by—
(a) providing health care services authorised under this Act; or
(b) possessing or supplying a prescription medicine in the course of providing the health care services; or
(c) prescribing a prescription medicine in accordance with this Act; or
(d) holding himself or herself out as being able to provide the health care services mentioned in paragraphs (a), (b) and (c); or
(e) using any name, initials, description, word, symbol, addition or title that the health professional ordinarily uses.
(2) A visitor to a special event does not commit an offence against the Medicines, Poisons and Therapeutic Goods Act 2008 by doing anything, or possessing a prescription medicine, because of being provided with health care services in accordance with this Act.
(3) A person does not commit an offence against the Medicines, Poisons and Therapeutic Goods Act 2008 by supplying a prescription medicine in accordance with a written prescription issued by a visiting health professional if—
(a) the health professional is authorised under this Act to issue the prescription; and
(b) the person is authorised under this Act to supply the medicine on the prescription.
(4) A regulation may prescribe other offences to which exemptions under this section apply.
Note A visiting health professional who provides health care services otherwise than in accordance with this Act loses the exemption.
[2.109] Section 12
substitute
12 Complaints about visiting health professionals
(1) A complaint may not be made about, nor may disciplinary action be taken against, a visiting health professional under the Health Professionals Act 2004 or Human Rights Commission Act 2005 in relation to anything done by the health professional in—
(a) providing health care services authorised under this Act; or
(b) possessing or supplying a prescription medicine in the course of providing the health care services; or
(c) prescribing a prescription medicine in accordance with this Act; or
(d) holding himself or herself out as being able to provide the health care services mentioned in paragraphs (a), (b) and (c); or
(e) using any name, initials, description, word, symbol, addition or title that the health professional ordinarily uses.
(2) This section does not prevent the bringing of proceedings for an offence against the Health Professionals Act 2004 or Human Rights Commission Act 2005 .
(3) This section does not apply to a complaint about a person who is registered under the Health Professionals Act 2004 .
omit
[2.111] Dictionary, definitions of Drug Regulation Act , drugs and poisons standard and Health Professionals Act
omit
[2.112] Dictionary, new definition of prescription medicine
insert
"prescription medicine" means a controlled medicine, or prescription only medicine, within the meaning of the Medicines, Poisons and Therapeutic Goods Act 2008 .
[2.113] Dictionary, definition of restricted substance
omit
[2.114] Dictionary, definition of supply
substitute
"supply"—see the Medicines, Poisons and Therapeutic Goods Act 2008 , section 24.
Part 2.16 Hemp Fibre Industry Facilitation Act 2004
[2.115] Section 17 (d) (ii)
substitute
(ii) whether the person has been convicted or found guilty of a relevant offence or an offence that, if committed in the ACT, would be a relevant offence; and
Note Relevant offence —see the dictionary.
[2.116] Section 17 (e) (ii)
substitute
(ii) whether an executive officer of the corporation has been convicted or found guilty of a relevant offence or an offence that, if committed in the ACT, would be a relevant offence; and
[2.117] Section 49 (4) (a)
substitute
(a) there is a particular thing or activity connected with a relevant offence; and
Note Relevant offence —see the dictionary.
[2.118] Section 52 (1)
substitute
(1) An inspector may require a person to state the person's name and address if the inspector—
(a) finds the person committing a relevant offence; or
(b) believes on reasonable grounds that the person has just committed a relevant offence.
Note Relevant offence —see the dictionary.
[2.119] Dictionary, definition of Drugs of Dependence Act
omit
[2.120] Dictionary, new definition of relevant offence
insert
"relevant offence" means—
(a) an offence against this Act; or
(b) an offence against the Drugs of Dependence Act 1989 ; or
(c) an offence against the Medicines, Poisons and Therapeutic Goods Act 2008 , chapter 4 (Offences relating to regulated substances) in relation to a controlled medicine, or prohibited substance, within the meaning of that Act.
Part 2.17 Intoxicated People (Care and Protection) Act 1994
[2.121] Section 2 , notes
substitute
Note 1 The dictionary at the end of this Act defines certain terms used in this Act.
Note 2 A definition in the dictionary applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
substitute
(c) is found in possession of a prohibited substance within the meaning of the Medicines, Poisons and Therapeutic Goods Act 2008 .
[2.123] Dictionary, definition of prohibited substance
omit
Part 2.18 Listening Devices Act 1992
[2.124] Dictionary, definition of defined offence , paragraph (c)
substitute
(c) an offence against the Medicines, Poisons and Therapeutic Goods Act 2008 , section 26 (Supplying declared substances) in relation to a controlled medicine, or prohibited substance, within the meaning of that Act.
Part 2.19 Prostitution Act 1992
[2.125] Section 2 , note 1
substitute
Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references ("signpost definitions") to other terms defined elsewhere.
For example, the signpost definition ‘ nurse practitioner position —see the Health Act 1993 , section 195 (2).' means that the term ‘nurse practitioner position' is defined in that section and the definition applies to this Act.
[2.126] Section 17 (1) (b) and (2) (b)
omit
drug of dependence
substitute
controlled medicine or prohibited substance
[2.127] New section 17 (3)
insert
(3) In this section:
"controlled medicine"—see the Medicines, Poisons and Therapeutic Goods Act 2008 , section 11.
"prohibited substance"—see the Medicines, Poisons and Therapeutic Goods Act 2008 , section 13.
[2.128] Dictionary, definition of drug of dependence
omit
Part 2.20 Public Health Act 1997
[2.129] Section 6 (4), definition of health law
substitute
"health law" means—
(a) a law of the Territory that has as 1 of its objects or purposes the protection of public health; or
(b) the Food Act 2001 ; or
(c) the Medicines, Poisons and Therapeutic Goods Act 2008 .
[2.130] Section 9 (1)
substitute
(1) The functions of the chief health officer are as follows:
(a) to develop and implement strategies to promote and protect public health;
(b) to ensure that the following Acts are complied with:
(i) this Act;
(ii) the Food Act 2001 ;
(iii) the Medicines, Poisons and Therapeutic Goods Act 2008 ;
Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
(c) to advise the Minister about proposed legislative or administrative changes related to public health and the safety and suitability of food for human consumption;
(d) to carry out any other functions decided, in writing, by the Minister for an Act mentioned in paragraph (b).
[2.131] Section 11
substitute
11 Delegation by chief health officer
The chief health officer may delegate a function under any of the following Acts to a person:
(a) this Act;
(b) the Drugs of Dependence Act 1989 ;
(c) the Food Act 2001 ;
(d) the Medicines, Poisons and Therapeutic Goods Act 2008 .
Note For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.
[2.132] Section 12A (2), new note
insert
Note For the Medicines, Poisons and Therapeutic Goods Act 2008 , see div 7.1.2 (Medicines and poisons inspectors).
[2.133] Sections 15 and 15A
substitute
15 Appointment of analysts
The chief executive may appoint a person as—
(a) the government analyst; or
(b) an analyst.
Note 1 For the making of appointments generally, see the Legislation Act, pt 19.3.
Note 2 In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).
15A Functions of analysts
(1) The chief health officer may, in writing, authorise an analyst for any of the following Acts or any provision of the following Acts:
(a) this Act;
(b) the Criminal Code;
(c) the Drugs of Dependence Act 1989 ;
(d) the Food Act 2001 ;
(e) the Medicines, Poisons and Therapeutic Goods Act 2008 .
Note 1 Analyst includes the government analyst (see dict).
Note 2 For evidentiary certificates by analysts, see s 135A.
Note 3 A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
(2) An analyst may also exercise any other function given to the analyst by this Act or another territory law.
15AA Analysts and assistants—authority to handle drugs etc
(1) For section 15A and within the scope of the person's employment, each of the following people is authorised to carry out an authorised activity in relation to a prohibited thing:
(a) an analyst;
Note Analyst includes the government analyst (see dict).
(b) a person working under the direct supervision of an analyst.
(2) In this section:
"authorised activity", in relation to a prohibited thing, means each of the following:
(a) obtaining the thing;
(b) manufacturing the thing;
(c) possessing the thing, whether for use as a reference or otherwise;
(d) if the thing is a controlled plant under the Criminal Code, section 600—cultivating the plant;
(e) giving the thing to a person who is authorised to obtain it;
(f) transporting the thing;
(g) destroying the thing.
"cultivates"—see the Criminal Code, section 515.
"employment" includes engagement under a contract for services.
"manufacture"—see the Criminal Code, section 606.
"prohibited thing" means—
(a) a controlled drug, controlled plant or controlled precursor within the meaning of the Criminal Code, section 600; or
(b) a regulated substance within the meaning of the Medicines, Poisons and Therapeutic Goods Act 2008 ; or
(c) equipment used to manufacture something mentioned in paragraph (a) or (b); or
(d) equipment used to cultivate a controlled plant within the meaning of the Criminal Code, section 600.
omit
under section 15
omit
under section 15 (Appointment of analysts)
substitute
(b) the person has otherwise contravened an Act mentioned in section 15A (1) or another territory law under which the person exercises a function; or
insert
Part 3A Supply of syringes
Division 3A.1 Supplying syringes to approved people
66A Definitions—div 3A.1
In this division:
"approval" means an approval under section 66C.
"approved person" means a person who holds a current approval.
"course of instruction" means a course approved under section 66B.
"health worker" means a person who has completed a course of instruction.
66B Courses of instruction
(1) The Minister may approve a course about appropriate health counselling and the hygienic distribution, use, collection and disposal of syringes.
Note Syringe includes the needle section or the plunger section of a syringe (see dict).
(2) An approval is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act.
Division 3A.2 Supplying syringes by vending machine
66L Definitions—div 3A.2
In this division:
"approved person" means a person who holds a current vending machine approval.
"vending machine" means a machine or device from which syringes can be obtained, including by 1 or more of the following:
(a) electronic funds transfer;
(b) inserting money, a token or other object.
Examples of other objects—par (b)
1 credit card
2 debit card
3 key
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
vending machine approval means an approval under section 66O.
Division 3A.3 Transitional—syringe approvals under Drugs of Dependence Act
66U Definitions—div 3A.3
In this division:
"commencement day" means the day this section commences.
"Drugs of Dependence Act" means the Drugs of Dependence Act 1989 as in force immediately before the commencement day.
66V Transitional—existing approvals under Drugs of Dependence Act to distribute syringes
(1) An approval (an old approval ) under the Drugs of Dependence Act , section 86 (Distribution of syringes—approval) is, if the approval was in force immediately before the commencement day, taken to be an approval (a new approval ) under section 66C.
(2) An approval (also an old approval ) under the Drugs of Dependence Act , section 94D (Decision about vending machine approval application) is, if the approval was in force immediately before the commencement day, taken to be an approval (also a new approval ) under section 66O.
(3) A new approval under section 66C continues in force for the unexpired period of the old approval before the commencement day unless the new approval is ended under this Act.
(4) A new approval under section 66O continues in force unless it is ended under this Act.
(5) A new approval continues to be subject to any condition to which the old approval was subject immediately before the commencement day until the condition ceases to have effect or is removed or varied under this Act.
(6) This section is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.
66W Transitional—uncompleted applications for AAT review
(1) This section applies if—
(a) before the commencement day, an application for review to the administrative appeals tribunal had been made in relation to an old approval; and
(b) immediately before the commencement day, the proceeding on the application had not ended.
(2) If this section applies—
(a) the proceeding may be continued as if the application for review had been made in relation to the new approval; and
(b) the decision-maker is taken to be the chief health officer.
(3) For this section, the administrative appeals tribunal may give any direction the tribunal considers necessary or desirable to facilitate a matter in relation to the application for review.
(4) This section is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.
(5) In this section:
"new approval"—see section 66V.
"old approval"—see section 66V.
66X Expiry—div 3A.3
This division expires 2 years after the commencement day.
[2.138] Section 93 (1), new note
insert
Note For evidentiary certificates by analysts, see s 135A.
[2.139] Sections 95 and 96
omit
[2.140] Section 121 (3) (d)
omit
commissioner of police
substitute
chief police officer
[2.141] Section 121 (4), definition of authorised person , paragraph (e)
omit
of this section
[2.142] Sections 130 and 131
substitute
130 Decisions reviewable by AAT
(1) Application may be made to the administrative appeals tribunal for review of a decision by the chief health officer mentioned in table 130.1, column 2.
Table 130.1 Reviewable decisions—chief health officer
column 1 item | column 2 decision | column 3 affected person |
|---|---|---|
| 1 |
section 15B (1) (a)—imposing conditions on appointment |
analyst |
| 2 | section 15B (1) (b)—amending appointment to impose, amend or revoke condition | analyst |
| 3 |
section 15D—suspending or cancelling appointment | analyst |
| 4 | section 66C—refusing to grant approval to supply syringes | applicant for approval and anyone else whose interests are affected by the decision |
|
5 | section 66C—granting approval to supply syringes subject to condition | applicant for approval |
| 6 | section 66E—cancelling approval to supply syringes | holder of the approval |
| 7 | section 66O—refusing to give vending machine approval | applicant for approval |
8 | section 66R—cancelling vending machine approval | holder of the approval |
(2) Application may be made to the administrative appeals tribunal for review of a decision by the Minister mentioned in table 130.2, column 2.
Table 130.2 Reviewable decisions—Minister
column 1 item | column 2 decision | column 3 affected person |
|---|---|---|
| 1 |
section 30 (1)—refusing to grant activity licence | applicant for the licence |
| 2 | section 34 (1)—refusing to vary activity licence |
licensee |
| 3 | section 37 (1)—refusing to approve transfer of activity licence | licensee and the proposed transferee |
| 4 | section 45 (1)—refusing to grant procedure licence | applicant for the licence |
5 | section 49 (1)—refusing to vary procedure licence | licensee |
|
6 | section 56G—refusing to register applicant for registration |
applicant for registration |
| 7 | section 56N—refusing to approve transfer of registration | registered person and the proposed transferee |
|
8 | section 56N—refusing to vary registration period in association with transfer of registration | transferee |
| 9 | section 56P (4)—suspending registration of registered person | registered person |
10 | section 56P (4)—cancelling registration of registered person |
registered person |
131 Notice of reviewable decisions
(1) The chief health officer must give written notice of a decision mentioned in table 130.1, column 2 to the affected person mentioned in column 3 for the decision.
(2) The Minister must give written notice of a decision mentioned in table 130.2, column 2 to the affected person mentioned in column 3 for the decision.
(3) A notice under subsection (1) or (2) must be in accordance with the requirements of the code of practice in force under the Administrative Appeals Tribunal Act 1989 , section 25B (1).
insert
135A Evidence—certificates by analysts
(1) This section applies in relation to a proceeding for an offence against the following Acts:
(a) this Act;
(b) the Criminal Code;
(c) the Drugs of Dependence Act 1989 ;
(d) the Food Act 2001 ;
(e) the Medicines, Poisons and Therapeutic Goods Act 2008 .
(2) A certificate under this section may state any of the following matters in relation to a substance:
(a) that the analyst is appointed as analyst under section 15 (Appointment of analysts);
(b) that the analyst is authorised under section 15A (Functions of analysts) for an Act or provision of an Act;
(c) when and from whom the substance was received;
(d) what (if any) labels, or other means of identifying the substance, accompanied the substance when it was received;
(e) what container or containers the substance was contained in when it was received;
(f) a description, and the weight, of the substance received;
(g) if the substance, or any part of it, is analysed—
(i) the name of the method of analysis; and
(ii) the results of the analysis;
(h) how the substance was dealt with after handling by the analyst, including details of—
(i) the quantity retained; and
(ii) the name of the person (if any) to whom any retained quantity was given; and
(iii) measures taken to secure any retained quantity;
(i) that the certificate was signed by the analyst or was signed on behalf of the analyst.
(3) A certificate under this section is admissible in a proceeding for an offence against an Act mentioned in subsection (1), and is evidence of the facts stated in it, if a copy of the certificate is served by the party who obtained the analysis on the other party to the proceeding at least 14 days before the hearing of the offence to which the certificate relates.
(4) However, a court may order, at the request of a party to the proceedings or on its own initiative, that the period mentioned in subsection (3) be reduced to the period stated in the court's order.
(5) An analyst who carried out an analysis in relation to which a certificate under this section is produced as evidence in a proceeding for an offence against an Act mentioned in subsection (1) need not be called as a witness in the proceedings by the party producing the certificate unless the court hearing the proceedings orders, at the request of a party to the proceedings or on its own initiative, that the analyst be called as a witness.
(6) If the certificate of an analyst is admitted in evidence in a proceeding, the defendant may require the analyst to be called as a witness for the prosecution and the analyst may be cross-examined as if the analyst had given evidence of the matters stated in the certificate.
(7) Subsection (6) does not entitle a person to require the analyst to be called as a witness for the prosecution unless—
(a) the prosecutor has been given at least 4 days notice of the person's intention to require the analyst to be called; or
(b) the court, by order, allows the analyst to be so called.
(8) If an analyst issues a certificate under this section in relation to a proceeding for an offence against the Criminal Code or the Drugs of Dependence Act 1989 , the analyst must give a copy of the certificate to the chief police officer.
substitute
Note 2 In particular, the Legislation Act, dict, pt 1, defines the following terms:
• ambulance service
• chief executive (see s 163)
• contravene
• doctor
• document
• exercise
• function
• public servant.
[2.145] Dictionary, definition of analyst
substitute
"analyst" means the following appointed under section 15:
(a) the government analyst;
(b) an analyst.
[2.146] Dictionary, new definitions
insert
"approval", for division 3A.1 (Supply of syringes to approved people)—see section 66A.
"approved person" means—
(a) for division 3A.1 (Supply of syringes to approved people)—see section 66A; and
(b) for division 3A.2 (Supply of syringes by vending machine)—see section 66L.
"course of instruction", for division 3A.1 (Supply of syringes to approved people)—see section 66A.
"health worker", for division 3A.1 (Supply of syringes to approved people)—see section 66A.
[2.147] Dictionary, definition of patient
substitute
"patient", in relation to a doctor, means a person being professionally attended by the doctor.
[2.148] Dictionary, new definitions
insert
"syringe" includes the needle section or the plunger section of a syringe.
"vending machine", for division 3A.2 (Supply of syringes by vending machine)—see section 66L.
"vending machine approval", for division 3A.2 (Supply of syringes by vending machine)—see section 66L.
Part 2.21 Public Health Regulation 2000
[2.149] Section 51 (7) and section 54 (1) and (2)
omit
[2.150] Sections 59 and 60
omit
omit
Part 2.22 Supervised Injecting Place Trial Act 1999
substitute
An Act to allow for a trial of a supervised injecting place for drug-dependent people
[2.153] Section 2 , notes
substitute
Note 1 The dictionary at the end of this Act defines certain terms used in this Act.
Note 2 A definition in the dictionary applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
[2.154] Section 9 (3) (d)
omit
Drugs of Dependence Act, part 7
substitute
Public Health Act 1997 , part 3A (Supply of syringes)
[2.155] Section 13 (2)
substitute
(2) The directions for subsection (1) must include, but are not limited to, a direction stating circumstances in which the DPP is restrained from prosecuting a person who administers a substance to himself or herself at the facility for an offence against—
(a) the Drugs of Dependence Act 1989 , section 169 (Possessing drugs of dependence) or section 171 (Possessing prohibited substances); or
(b) the Medicines, Poisons and Therapeutic Goods Act 2008 , section 36 (Possessing certain declared substances) or section 37 (Administering certain declared substances).
[2.156] Section 14
omit
drug dependent person
substitute
drug-dependent person
[2.157] Dictionary, definition of drug dependent person
substitute
"drug-dependent person"—see the Medicines, Poisons and Therapeutic Goods Act 2008 , dictionary.
[2.158] Dictionary, definitions of drug of dependence and Drugs of Dependence Act
omit
[2.159] Dictionary, definition of prohibited substance
omit
[2.160] Dictionary, definition of substance
substitute
"substance" means a controlled medicine, or prohibited substance, within the meaning of the Medicines, Poisons and Therapeutic Goods Act 2008 .
[2.161] Further amendments, references to drug dependent persons
omit
drug dependent persons
substitute
drug-dependent people
in
• section 5 (2) (a) (i)
• section 10 (5), definition of criteria
• section 13 (1)
• section 30 (c)
• dictionary, definition of "supervised injecting place", paragraph (a)
Part 2.23 Victims of Crime (Financial Assistance) Act 1983
[2.162] Section 37 (3)
substitute
(3) In this section:
"intoxicated" means intoxicated as a result of the voluntary consumption of alcohol or the voluntary administration of a controlled medicine, or prohibited substance, within the meaning of the Medicines, Poisons and Therapeutic Goods Act 2008 .