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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
DRUGS MISUSE
AMENDMENT BILL 2002
Queensland
DRUGS MISUSE AMENDMENT BILL 2002
TABLE OF PROVISIONS
Section Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
5 Insertion of new ss 4D and 4E. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4D Non-application of ss 5, 6, 8 and 9 to particular
manufactured products ............................... 6
4E Notes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
6 Amendment of s 8A (Publishing or possessing instructions for producing
dangerous drugs) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
7 Replacement of pt 5B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
PART 5B--COMMERCIAL PRODUCTION OF INDUSTRIAL
CANNABIS
Division 1--Preliminary
44 Object of pt 5B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
45 Ways of achieving part's objects . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
46 Definitions for pt 5B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
47 Authorisations for licensees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
48 Authorisations for persons other than licensees . . . . . . . . . . . . . . . . 13
Division 2--Licences generally
49 Categories of licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
50 What category 1 researcher licences authorise . . . . . . . . . . . . . . . . . 14
51 What category 2 researcher licence authorises . . . . . . . . . . . . . . . . . 15
52 What grower licence authorises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Division 3--Licence applications
2
Drugs Misuse Amendment Bill 2002
53 Applying for a licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
54 Application for licence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
55 Application must state address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
56 Requirement to give information or material about application . . . . 18
Division 4--Eligibility and suitability to hold licence
57 Eligibility for researcher licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
58 Eligibility for grower licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
59 Suitability of applicants or licensees--corporation . . . . . . . . . . . . . . 19
60 Consideration of suitability of applicant or licensee . . . . . . . . . . . . . 19
61 Investigation about the suitability of applicant or licensee . . . . . . . . 20
62 Criminal history is confidential document. . . . . . . . . . . . . . . . . . . . . 21
Division 5--Decision-making for licence issue
63 Chief executive may issue or refuse to issue licence . . . . . . . . . . . . . 22
64 Term and conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Division 6--Licence renewals and decision-making for renewals
65 Application for renewal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
66 Chief executive may renew or refuse to renew licence . . . . . . . . . . . 24
67 Licence taken to be in force while application for renewal
is considered ....................................... 24
68 Return of licence if renewal refused . . . . . . . . . . . . . . . . . . . . . . . . . 25
Division 7--Dealing with licences
69 Transfer of licence prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
70 Amendment of licence conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
71 Return of licence for amendment of conditions. . . . . . . . . . . . . . . . . 26
72 Surrender of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Division 8--Suspension and cancellation of licences
73 Grounds for suspension action or cancellation . . . . . . . . . . . . . . . . . 27
74 Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
75 Consideration of representations . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
76 Ending show cause process without further action . . . . . . . . . . . . . . 28
77 Suspension and cancellation of licences . . . . . . . . . . . . . . . . . . . . . . 28
78 Immediate suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
79 Immediate cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
3
Drugs Misuse Amendment Bill 2002
80 Return of licence if suspended or cancelled . . . . . . . . . . . . . . . . . . . 29
Division 9--Action after suspension or cancellation of licence
81 What happens to cannabis plants and seed if licence suspended. . . . 30
82 What happens to cannabis plants if licence cancelled . . . . . . . . . . . . 30
83 What happens to cannabis seed if licence cancelled or
renewal refused .................................... 32
84 Cost recovery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Division 10--Appeals
85 Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
86 Starting appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
87 Stay of operation of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
88 Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
89 Powers of court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
90 Appeal to Supreme Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Division 11--Appointment of inspectors
91 Appointment and qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
92 Appointment conditions and limit on powers . . . . . . . . . . . . . . . . . . 36
93 Issue of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
94 Production or display of identity card . . . . . . . . . . . . . . . . . . . . . . . . 37
95 When inspector ceases to hold office. . . . . . . . . . . . . . . . . . . . . . . . . 38
96 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
97 Return of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Division 12--Powers of inspectors
98 Power of entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
99 Procedure for entry with consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
100 Procedure for other entries. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
101 General powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
102 Power to require reasonable help . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
103 Failure to comply with help requirement. . . . . . . . . . . . . . . . . . . . . . 41
104 Power to require information about contravention . . . . . . . . . . . . . . 41
105 Failure to comply with information requirement. . . . . . . . . . . . . . . . 42
106 False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
107 Power to require production of documents . . . . . . . . . . . . . . . . . . . . 42
4
Drugs Misuse Amendment Bill 2002
108 Failure to comply with document production requirement . . . . . . . . 43
109 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
110 Obstruction of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
111 Requirement to report loss or theft of controlled substance . . . . . . . 43
Division 13--Other provisions
112 Responsibility for acts or omissions of representatives . . . . . . . . . . . 44
113 Executive officers must ensure corporation complies with part . . . . 44
114 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
115 Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
8 Amendment of s 57 (Evidentiary provisions) . . . . . . . . . . . . . . . . . . . . . . . . 45
9 Amendment of s 57A (Evidence of prescribed substance by label) . . . . . . . 46
10 Amendment of s 57B (Evidence of prescribed substance--notice
of challenge required) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
11 Renumbering of ss 44-62 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
12 Insertion of new sch. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
SCHEDULE
SERIOUS OFFENCE PROVISIONS UNDER THE CRIMINAL CODE
13 Other Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . 49
OTHER ACTS AMENDED
CRIME AND MISCONDUCT ACT 2000 . . . . . . . . . . . . . . . . . . . . . . . . . . 49
CRIMINAL CODE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
POLICE POWERS AND RESPONSIBILITIES ACT 2000. . . . . . . . . . . . . 49
2002
A BILL
FOR
An Act to amend the Drugs Misuse Act 1986, and for other purposes
s1 6 s5
Drugs Misuse Amendment Bill 2002
The Parliament of Queensland enacts-- 1
1 Short title
Clause 2
This Act may be cited as the Drugs Misuse Amendment Act 2002. 3
2 Commencement
Clause 4
This Act commences on a day to be fixed by proclamation. 5
3 Act amended
Clause 6
This Act, other than the schedule, amends the Drugs Misuse Act 1986. 7
4 Amendment of s 4 (Definitions)
Clause 8
Section 4-- 9
insert-- 10
` "smoke" includes inhale. 11
"THC" means tetrahydrocannabinol.'. 12
5 Insertion of new ss 4D and 4E
Clause 13
After section 4C-- 14
insert-- 15
`4D Non-application of ss 5, 6, 8 and 9 to particular 16
manufactured products 17
`(1) Sections 5, 6, 8 and 91 do not apply to a manufactured product. 18
`(2) In this section-- 19
"industrial cannabis plant" has the same meaning as in section 46. 20
"manufactured product" means a product that-- 21
1 Sections 5 (Trafficking in dangerous drugs), 6 (Supplying dangerous drugs),
8 (Producing dangerous drugs) and 9 (Possessing dangerous drugs)
s6 7 s7
Drugs Misuse Amendment Bill 2002
(a) is made from, or partly from, processed cannabis that-- 1
(i) is harvested from industrial cannabis plants; and 2
(ii) has a concentration of THC in it of not more than 0.1%; and 3
(b) is in a form that stops it from being smoked or administered or 4
consumed. 5
"processed cannabis" has the same meaning as in section 46. 6
`4E Notes 7
`A note in the text of this Act is part of this Act.'. 8
6 Amendment of s 8A (Publishing or possessing instructions for
Clause 9
producing dangerous drugs) 10
(1) Section 8A(2)-- 11
renumber as section 8A(3). 12
(2) Section 8A-- 13
insert-- 14
`(2) It is a defence to a charge of an offence against subsection (1) of 15
unlawfully publishing instructions, or unlawfully possessing a document 16
containing instructions, about the way to produce cannabis as a commercial 17
fibre or seed crop, for a person to prove that the person published the 18
instructions, or possessed the document containing the instructions, for a 19
purpose authorised under part 5B.2'. 20
7 Replacement of pt 5B
Clause 21
Part 5B-- 22
omit, insert-- 23
2 Part 5B (Commercial production of industrial cannabis)
s7 8 s7
Drugs Misuse Amendment Bill 2002
`PART 5B--COMMERCIAL PRODUCTION OF 1
INDUSTRIAL CANNABIS 2
`Division 1--Preliminary 3
`44 Object of pt 5B 4
`The object of this part is to facilitate-- 5
(a) the processing and marketing of, and trade in, industrial cannabis 6
fibre and fibre products; and 7
(b) the processing and marketing of, and trade in, industrial cannabis 8
seed and seed products, other than for the purpose, directly or 9
indirectly, of producing anything for administration to, or 10
consumption or smoking by, a person. 11
`45 Ways of achieving part's objects 12
`(1) The ways of achieving this part's objects include enabling the 13
following activities to be carried out under controlled conditions-- 14
(a) commercial production of industrial cannabis fibre and seed; 15
(b) research into the use of industrial cannabis as a commercial fibre 16
and seed crop; 17
18
Example of research for paragraph (b)--
19
Field trials using fertilisers or irrigation and different planting rates.
(c) plant breeding programs using class A or class B research 20
cannabis plants and seed, but only for developing new or 21
improved strains of cannabis for use by growers for the 22
commercial production of industrial cannabis fibre and seed. 23
`(2) Another way of achieving this part's objects is to enable research to 24
be carried out into-- 25
(a) how cannabis seed may be denatured; and 26
(b) how processed cannabis may be used. 27
`46 Definitions for pt 5B 28
`In this part-- 29
s7 9 s7
Drugs Misuse Amendment Bill 2002
"affected by bankruptcy action", for an individual, means the individual, 1
in any jurisdiction-- 2
(a) is bankrupt; or 3
(b) has compounded with creditors; or 4
(c) has otherwise taken, or applied to take, advantage of any law 5
about bankruptcy. 6
"cannabis" means cannabis sativa. 7
"category 1 researcher" means a person who holds a 8
category 1 researcher licence that is in force. 9
"category 1 researcher licence" means a category 1 researcher licence 10
issued under section 49. 11
"category 2 researcher" means a person who holds a 12
category 2 researcher licence that is in force. 13
"category 2 researcher licence" means a category 2 researcher licence 14
issued under section 49. 15
"certified cannabis seed" means seed certified, in the way prescribed 16
under a regulation, by any of the following as seed that will produce 17
cannabis plants with a THC concentration in their leaves and 18
flowering heads of not more than 0.5%-- 19
(a) a grower; or 20
(b) a category 1 or category 2 researcher; or 21
(c) a person authorised under a regulation under section 48 to supply 22
industrial cannabis seed. 23
"class A research cannabis plant" means a cannabis plant that has a THC 24
concentration in its leaves and flowering heads of 3% or more. 25
"class A research cannabis seed" means-- 26
(a) seed harvested from a class A research cannabis plant; or 27
(b) seed that, if grown, will produce a class A research cannabis 28
plant. 29
"class B research cannabis plant" means a cannabis plant that has a THC 30
concentration in its leaves and flowering heads of more than 1% but 31
less than 3%. 32
"class B research cannabis seed" means-- 33
s7 10 s7
Drugs Misuse Amendment Bill 2002
(a) seed harvested from a class B research cannabis plant; or 1
(b) seed that, if grown, will produce a class B research cannabis 2
plant. 3
"close associate", of an applicant or licensee, means any of the 4
following-- 5
(a) a person who---- 6
(i) holds or will hold any relevant financial interest in the 7
business of the applicant or licensee; and 8
(ii) because of the interest, is or will be able to exercise a 9
significant influence over or in relation to the conduct of that 10
business; 11
(b) a person who-- 12
(i) is or will be entitled to exercise any relevant power (whether 13
in his or her own right or on behalf of any other person), in 14
the business of the applicant or licensee; and 15
(ii) because of the power, is or will be able to exercise a 16
significant influence over or in relation to the conduct of that 17
business; 18
(c) a person who holds or will hold any relevant position, whether in 19
his or her own right or on behalf of any other person, in the 20
business of the applicant or licensee. 21
"convicted" of an offence means that the person has been found guilty of 22
the offence, on a plea of guilty or otherwise, whether or not a 23
conviction was recorded. 24
"criminal history", of a person, means the person's criminal history as 25
defined under the Criminal Law (Rehabilitation of Offenders) Act 26
1986. 27
"denatured", for seed harvested from industrial cannabis plants, means 28
that the seed will not grow because it has been cracked, de-hulled, 29
heated, or treated in another way that prevents growth. 30
"executive officer", of a corporation, means any person, by whatever name 31
called and whether or not the person is a director of the corporation, 32
who is concerned, or takes part, in the management of the corporation. 33
"grower" means a person who holds a grower licence that is in force. 34
"grower licence" means a grower licence issued under section 49. 35
s7 11 s7
Drugs Misuse Amendment Bill 2002
"industrial cannabis fibre" means fibre from industrial cannabis plants. 1
"industrial cannabis plant" means a cannabis plant with a THC 2
concentration in its leaves and flowering heads of not more than 1%. 3
"industrial cannabis seed" means-- 4
(a) cannabis seed harvested from an industrial cannabis plant; or 5
(b) certified cannabis seed. 6
"information notice", for a decision of the chief executive under this part, 7
is a written notice stating-- 8
(a) the decision; and 9
(b) the reasons for the decision; and 10
(c) that the person to whom the notice is given may appeal to the 11
District Court against the decision within 21 days after receiving 12
the notice. 13
"inspector" means a person appointed under this part as an inspector. 14
"licence" means a licence issued under section 49.3 15
"licensee" means the holder of a licence that is in force. 16
"processed cannabis" means-- 17
(a) industrial cannabis plants that-- 18
(i) have been harvested or chemically or mechanically treated 19
or artificially treated in another way; and 20
(ii) have no leaf, flowers or seed; or 21
(b) seed from industrial cannabis plants grown by a holder of a 22
grower licence under part 5B and denatured-- 23
(i) on the place stated in the licence; or 24
(ii) by a person authorised under a regulation under section 48 25
to denature the seed at another place. 26
"relevant position", in relation to a business, means a position whose 27
holder participates in the management of the business (whether in the 28
capacity of a director, manager or secretary or in another capacity). 29
3 Section 49 (Categories of licences)
s7 12 s7
Drugs Misuse Amendment Bill 2002
"relevant power", in relation to a business, means any power, whether 1
exercisable by voting or otherwise and whether exercisable alone or in 2
association with others-- 3
(a) to participate in any managerial or executive decision for the 4
business; or 5
(b) to elect or appoint any person to any relevant position in the 6
business. 7
"serious offence" means-- 8
(a) any of the following offences, whether or not prosecuted on 9
indictment-- 10
(i) an offence involving fraud or dishonesty punishable by 3 or 11
more years imprisonment; 12
(ii) an offence against section 5, 6 or 8;4 13
(iii) an offence against section 8A or 95 punishable by 3 or more 14
years imprisonment; 15
(iv) an offence involving the use or threatened use of violence 16
punishable by 3 or more years imprisonment; or 17
(b) extortion; or 18
(c) an offence against a provision of the Criminal Code mentioned in 19
the schedule; or 20
(d) an offence that, if committed in Queensland, would be a serious 21
offence under paragraph (a), (b) or (c). 22
`47 Authorisations for licensees 23
`(1) A licensee is authorised to perform the activities stated in 24
sections 50, 51 or 52 for the licensee's licence. 25
`(2) The activities are lawful for the purposes of sections 5, 6, 8, 8A 26
and 9. 27
4 Section 5 (Trafficking in dangerous drugs), 6 (Supplying dangerous drugs)
or 8 (Producing dangerous drugs)
5 Section 8A (Publishing or possessing instructions for producing dangerous drugs)
or 9 (Possessing dangerous drugs)
s7 13 s7
Drugs Misuse Amendment Bill 2002
`(3) However, the activities are lawful only while the licensee performs 1
the activities-- 2
(a) in accordance with this Act and the conditions of the licence; and 3
(b) for a purpose consistent with the purposes of this part. 4
`(4) Subsection (3) is subject to section 81(2).6 5
`48 Authorisations for persons other than licensees 6
`(1) A regulation may authorise a person other than a licensee to perform 7
activities stated under a regulation for the person for the time and on the 8
conditions stated in the regulation. 9
`(2) Without limiting subsection (1), a regulation may, for example, 10
authorise a person other than a licensee to possess lawfully obtained 11
cannabis seed that will produce industrial cannabis plants or class A or 12
class B research cannabis plants. 13
`(3) However, a regulation made for this section must be for a purpose 14
consistent with the purposes of this part. 15
`(4) The activities mentioned in subsections (1) and (2) are lawful for the 16
purposes of sections 5, 6, 8, 8A and 9. 17
`(5) Subsection (4) applies only if the conditions stated in the regulation 18
are complied with. 19
`Division 2--Licences generally 20
`49 Categories of licences 21
`The chief executive may issue the following licences-- 22
(a) category 1 researcher licences; 23
(b) category 2 researcher licences; 24
(c) grower licences. 25
6 Section 81 (What happens to cannabis plants and seed if licence suspended)
s7 14 s7
Drugs Misuse Amendment Bill 2002
`50 What category 1 researcher licences authorise 1
`(1) A category 1 researcher licence authorises the licensee, in 2
accordance with the licence-- 3
(a) to possess-- 4
(i) industrial cannabis plants and seed; and 5
(ii) class A and class B research cannabis plants and seed; and 6
(b) to produce, for use in plant breeding programs for developing 7
new commercial strains of industrial cannabis-- 8
(i) industrial cannabis plants and seed; and 9
(ii) class A and class B research cannabis plants and seed; and 10
(c) to supply class A and class B research cannabis plants and seed 11
to another category 1 researcher; and 12
(d) to supply class A and class B research cannabis seed to a grower 13
for use, under the licensee's supervision, as part of a field trial the 14
licensee is conducting on land owned or leased by the grower; 15
and 16
(e) to supply industrial cannabis plants or seed to-- 17
(i) a category 1 or category 2 researcher; or 18
(ii) a grower; or 19
(iii) a person authorised under a regulation under section 48 to 20
possess industrial cannabis plants or seed; and 21
(f) to supply class A or class B research cannabis seed or industrial 22
cannabis seed to a person in another State who is authorised 23
under the law of that State to possess cannabis seed that, if 24
grown, will produce plants with a THC concentration in their 25
leaves and flowering heads that the person in the other State may 26
possess; and 27
(g) if the licensee holds a licence under the Customs Act 1901 28
(Cwlth) authorising the licensee to export cannabis--to supply 29
class A or class B research cannabis seed or industrial cannabis 30
seed to a person in another country who is authorised under the 31
law of that country to possess the seed. 32
`(2) In this section-- 33
"State" includes an external territory. 34
s7 15 s7
Drugs Misuse Amendment Bill 2002
`51 What category 2 researcher licence authorises 1
`(1) A category 2 researcher licence authorises the licensee, in 2
accordance with the licence-- 3
(a) to possess-- 4
(i) industrial cannabis plants and seed; and 5
(ii) class B research cannabis plants and seed; and 6
(b) to produce, for use in plant breeding programs for developing 7
new commercial strains of industrial cannabis-- 8
(i) industrial cannabis plants and seed; and 9
(ii) class B research cannabis plants and seed; and 10
(c) to supply class B research cannabis plants or seed to-- 11
(i) a category 1 or category 2 researcher; or 12
(ii) a person authorised under a regulation under section 48 to 13
possess class B research cannabis plants or seed; and 14
(d) to supply industrial cannabis plants or seed to-- 15
(i) a category 1 or category 2 researcher; or 16
(ii) a grower; or 17
(iii) a person authorised under a regulation under section 48 to 18
possess industrial cannabis plants or seed; and 19
(e) to supply class B research cannabis seed to a grower for use, 20
under the licensee's supervision, as part of a field trial the 21
licensee is conducting on land owned or leased by the grower; 22
and 23
(f) to supply class B research cannabis seed or industrial cannabis 24
seed to a person in another State who is authorised under the law 25
of that State to possess cannabis seed that, if grown, will produce 26
cannabis plants with a THC concentration in their leaves and 27
flowering heads the person in the other State may possess; and 28
(g) if the licensee holds a licence under the Customs Act 1901 29
(Cwlth) authorising the licensee to export cannabis--to supply 30
class B research cannabis seed or industrial cannabis seed to a 31
person in another country who is authorised under the law of that 32
country to possess the seed. 33
s7 16 s7
Drugs Misuse Amendment Bill 2002
`(2) In this section-- 1
"State" includes an external territory. 2
`52 What grower licence authorises 3
`A grower licence authorises the licensee, in accordance with the 4
licence-- 5
(a) to possess industrial cannabis plants and seed; and 6
(b) to produce industrial cannabis plants from certified cannabis 7
seed; and 8
9
Note--
10
While industrial cannabis plants may have a THC concentration in their leaves
11
and flowering heads of not more than 1.0%, certified cannabis seed must be
12
seed harvested from a plant with a THC concentration in its leaves and
13
flowering heads of not more than 0.5%. The difference recognises that the
14
leaves and flowering heads of plants grown using certified cannabis seed may
15
have more than 0.5% THC because of environmental conditions beyond a
16
grower's control.
(c) to supply industrial cannabis seed to-- 17
(i) a category 1 or category 2 researcher; or 18
(ii) a grower; or 19
(iii) a person authorised under a regulation under section 48 to 20
possess the seed; and 21
(d) to possess class A or class B research cannabis seed for use under 22
the supervision of a category 1 or category 2 researcher, as part 23
of a field trial the category 1 or category 2 researcher is 24
conducting on land owned or leased by the grower; and 25
(e) to produce class A or class B research cannabis plants under the 26
supervision of a category 1 or category 2 researcher, as part of a 27
field trial the category 1 or category 2 researcher is conducting on 28
land owned or leased by the grower; and 29
(f) to supply to a category 1 or category 2 researcher class A or class 30
B research cannabis plants and seed produced on land owned or 31
leased by the grower as part of a field trial conducted under the 32
supervision of the category 1 or category 2 researcher; and 33
(g) to supply industrial cannabis seed to a person in another State 34
who is authorised under the law of that State to possess cannabis 35
seed that, if grown, will produce cannabis plants with a THC 36
s7 17 s7
Drugs Misuse Amendment Bill 2002
concentration in their leaves and flowering heads the person in 1
the other State may possess; and 2
(h) if the licensee holds a licence under the Customs Act 1901 3
(Cwlth) authorising the licensee to export cannabis--to supply 4
industrial cannabis seed to a person in another country who is 5
authorised under the law of that country to possess the seed; and 6
(i) to supply processed cannabis to a person authorised under a 7
regulation under section 48 to possess processed cannabis. 8
`Division 3--Licence applications 9
`53 Applying for a licence 10
`(1) A person who wishes to obtain a licence must be a suitable person to 11
hold the licence. 12
`(2) The person must apply for the licence by-- 13
(a) submitting an application showing, among other things, the 14
person is eligible to obtain the licence; and 15
(b) paying the fee prescribed under a regulation; and 16
(c) giving the chief executive the other information required under 17
section 54 or 56. 18
`(3) The chief executive decides the person's application after having 19
regard, among other things, to-- 20
(a) the person's suitability to hold a licence; and 21
(b) the person's eligibility to hold the licence. 22
`54 Application for licence 23
`(1) An applicant for a licence must-- 24
(a) apply to the chief executive in the approved form; and 25
(b) state the licence being applied for; and 26
(c) give the chief executive information for establishing the 27
applicant's eligibility to hold the licence; and 28
(d) state the names and addresses of-- 29
s7 18 s7
Drugs Misuse Amendment Bill 2002
(i) the applicant's close associates; and 1
(ii) if the applicant is a corporation--its executive officers; and 2
(e) provide any information the chief executive reasonably requires 3
to decide whether the applicant is a suitable person to hold a 4
licence. 5
`(2) The application must be accompanied by the application fee 6
prescribed under a regulation. 7
`55 Application must state address 8
`The applicant must also specify in the application-- 9
(a) the place or places in Queensland where the applicant proposes 10
to carry on activities under the licence; and 11
(b) an address where a document can be served personally. 12
13
Example--
14
A post office box is not a place the applicant may specify as a place or an address for
15
this division.
`56 Requirement to give information or material about application 16
`(1) The chief executive may, by written notice given to the applicant for 17
a licence, require the applicant to give the chief executive, within a stated 18
reasonable time, information or material the chief executive reasonably 19
considers is needed to consider the applicant's application for the licence. 20
`(2) The applicant is taken to have withdrawn the application if, within 21
the stated reasonable time, the applicant fails to comply with the chief 22
executive's requirement. 23
`Division 4--Eligibility and suitability to hold licence 24
`57 Eligibility for researcher licence 25
`(1) A person is eligible to obtain a category 1 or category 2 researcher 26
licence only if the person satisfies the chief executive that-- 27
(a) the person has the necessary educational or other qualifications 28
and experience to engage in plant breeding or other research 29
s7 19 s7
Drugs Misuse Amendment Bill 2002
involving the use of industrial cannabis or class A or class B 1
research cannabis; or 2
(b) if the applicant is a corporation--a person employed by the 3
corporation to carry out plant breeding under the licence has the 4
necessary educational or other qualifications and experience to 5
engage in plant breeding or other research involving the use of 6
industrial cannabis or class A or class B research cannabis. 7
`(2) However, an individual is not eligible to obtain a category 1 or 8
category 2 researcher licence if the person has been convicted within the 9
preceding 10 years of a serious offence. 10
`58 Eligibility for grower licence 11
`An individual is not eligible to hold a grower licence if the person-- 12
(a) has been convicted within the preceding 10 years of a serious 13
offence; or 14
(b) is affected by bankruptcy action. 15
`59 Suitability of applicants or licensees--corporation 16
`(1) A corporation is not a suitable person to hold a licence if an 17
executive officer of the corporation is-- 18
(a) affected by bankruptcy action; or 19
(b) a person who has been convicted within the preceding 10 years 20
of a serious offence; or 21
(c) a person the chief executive decides under section 60 is not a 22
suitable person to hold a licence. 23
`(2) A corporation that is not a suitable person can not hold a licence. 24
`60 Consideration of suitability of applicant or licensee 25
`The chief executive must, when deciding whether a person is a suitable 26
person to hold a licence, consider the following things-- 27
(a) whether the person is of good repute, having regard to character, 28
honesty and integrity; 29
(b) whether the person's close associates are of good repute, having 30
regard to character, honesty and integrity; 31
s7 20 s7
Drugs Misuse Amendment Bill 2002
(c) whether the person held a licence under this part that was 1
suspended or cancelled; 2
(d) for an individual-- 3
(i) the person's criminal history; and 4
(ii) whether the person has been convicted of an offence against 5
this Act or an offence that, if committed in Queensland, 6
would be an offence against this Act; and 7
(iii) whether the person is capable of satisfactorily performing 8
the activities of a licensee; 9
(e) for a corporation-- 10
(i) whether the corporation has been placed in receivership or 11
liquidation; and 12
(ii) whether an executive officer of the corporation has been 13
convicted of an offence against this Act or an offence that, if 14
committed in Queensland, would be an offence against this 15
Act; and 16
(iii) whether each executive officer of the corporation is a 17
suitable person to hold a licence; 18
(f) another thing the chief executive may consider under this part. 19
`61 Investigation about the suitability of applicant or licensee 20
`(1) The chief executive may make investigations about any of the 21
following persons to help the chief executive decide whether an applicant 22
or licensee is a suitable person to hold a licence-- 23
(a) the applicant or licensee; 24
(b) if the applicant or licensee is a corporation--the corporation's 25
executive officers; 26
(c) a person stated by the applicant or licensee to be a close associate 27
of the applicant or licensee. 28
`(2) Without limiting subsection (1), the chief executive may ask the 29
commissioner of the police service for a written report about the criminal 30
history of any of the persons. 31
s7 21 s7
Drugs Misuse Amendment Bill 2002
`(3) For subsection (2), the chief executive must give the commissioner 1
any particulars the chief executive advises the commissioner are relevant 2
for each application for a licence or renewal of a licence. 3
`(4) On receiving particulars of the application, the commissioner-- 4
(a) must make inquiries about the applicant's criminal history; and 5
(b) must make any other inquiries about the applicant the 6
commissioner considers appropriate. 7
`(5) For subsection (4)(a), the applicant or licensee must consent to the 8
person's fingerprints being taken by a police officer. 9
`(6) The chief executive must refuse to consider the applicant's or 10
licensee's application if the person refuses to consent to the person's 11
fingerprints being taken. 12
`(7) The commissioner must report to the chief executive after receiving 13
the results of the inquiries. 14
`(8) The commissioner's report must include disclosure of convictions of 15
the person mentioned in the Criminal Law (Rehabilitation of Offenders) 16
Act 1986, section 6.7 17
`(9) Fingerprints taken under this section-- 18
(a) may be used only for the purposes of subsection (4)(a); and 19
(b) must be destroyed as soon as practicable after the commissioner 20
reports to the chief executive under subsection (7). 21
`62 Criminal history is confidential document 22
`(1) An officer, employee or agent of the department must not, directly or 23
indirectly, disclose to anyone else a report about a person's criminal 24
history, or information contained in the report, given under section 61. 25
Maximum penalty--100 penalty units. 26
`(2) However, the person does not contravene subsection (1) if-- 27
(a) disclosure of the report or information to someone else is 28
authorised by the chief executive for the performance of a 29
function under or in relation to this part; or 30
7 Criminal Law (Rehabilitation of Offenders) Act 1986, section 6 (Non-disclosure of
convictions upon expiration of rehabilitation period)
s7 22 s7
Drugs Misuse Amendment Bill 2002
(b) the disclosure is otherwise required or permitted by law. 1
`(3) The chief executive must destroy the report as soon as practicable 2
after considering the person's suitability to hold a licence. 3
`Division 5--Decision-making for licence issue 4
`63 Chief executive may issue or refuse to issue licence 5
`(1) The chief executive may issue or refuse to issue a licence to an 6
applicant. 7
`(2) The chief executive may issue a licence to an applicant only if the 8
chief executive is satisfied that-- 9
(a) the applicant is a suitable person to hold a licence; and 10
(b) if the applicant intends performing activities under the licence in 11
partnership or in conjunction with others--each member of the 12
partnership, or each person with whom the applicant intends 13
performing activities in conjunction, is a suitable person to hold a 14
licence; and 15
(c) if the applicant is a corporation--each executive officer of the 16
corporation is a suitable person to hold a licence; and 17
(d) the applicant is eligible to hold the licence; and 18
(e) the application is properly made. 19
`(3) For subsection (2)(e), an application is properly made only if the 20
applicant complies with section 54.8 21
`(4) If the chief executive decides to refuse to issue the licence, the chief 22
executive must give the applicant an information notice for the decision 23
within 14 days after the decision is made. 24
`64 Term and conditions 25
`(1) The chief executive may issue a licence for the term, of not more 26
than 3 years, and on the conditions, the chief executive considers necessary 27
or desirable for the proper performance of the activities authorised by the 28
licence. 29
8 Section 54 (Application for licence)
s7 23 s7
Drugs Misuse Amendment Bill 2002
`(2) Without limiting subsection (1), it is a condition of every licence-- 1
(a) that the licensee must not contravene this Act; and 2
(b) that the licensee must notify the chief executive of any change of 3
address or close associates as soon as practicable after the change 4
happens. 5
`(3) A regulation may prescribe additional conditions a licensee must 6
comply with. 7
`(4) If the chief executive decides to issue a licence on a condition 8
mentioned in subsection (1), the chief executive must give the applicant an 9
information notice for the decision within 14 days after the decision is 10
made. 11
`Division 6--Licence renewals and decision-making for renewals 12
`65 Application for renewal 13
`(1) A licensee may apply for renewal of the licensee's licence. 14
`(2) The application must-- 15
(a) be made to the chief executive in the approved form; and 16
(b) be made before the licence expires; and 17
(c) state the names and addresses of the licensee's close associates; 18
and 19
(d) be accompanied by-- 20
(i) the licence renewal fee prescribed under a regulation; and 21
(ii) for a licensee who is an individual, 2 recent colour 22
photographs of the licensee of a size prescribed under a 23
regulation and certified as photographs of the licensee in the 24
way prescribed under a regulation. 25
`(3) The chief executive may, by written notice given to the licensee, 26
require the licensee to give to the chief executive, within a stated 27
reasonable time, information or material the chief executive considers is 28
needed to consider the licensee's application for renewal of the licence. 29
`(4) The licensee is taken to have withdrawn the application if, within the 30
stated reasonable time, the licensee fails to comply with the chief 31
executive's requirement. 32
s7 24 s7
Drugs Misuse Amendment Bill 2002
`66 Chief executive may renew or refuse to renew licence 1
`(1) The chief executive must consider a renewal application made under 2
section 65 and may renew or refuse to renew the licence. 3
`(2) The chief executive may renew the licence only if the chief 4
executive is satisfied-- 5
(a) the licensee is a suitable person to hold a licence; and 6
(b) if the licensee carries on business in partnership or in conjunction 7
with others--each member of the partnership, or each person 8
with whom the licensee carries on business in conjunction, is a 9
suitable person to hold a licence; and 10
(c) if the licensee is a corporation--each executive officer of the 11
corporation is a suitable person to hold a licence; and 12
(d) the application is properly made; and 13
(e) the licensee is eligible to hold the licence. 14
`(3) For subsection (2)(d), an application is properly made only if it 15
complies with section 65(2). 16
`(4) If the chief executive decides to refuse the application, the chief 17
executive must give the applicant an information notice for the decision 18
within 14 days after the decision is made. 19
`67 Licence taken to be in force while application for renewal 20
is considered 21
`If an application is made under section 65, the licensee's licence is 22
taken to continue in force from the day that it would, apart from this 23
section, have expired until the licensee's application for renewal is-- 24
(a) decided under section 66; or 25
(b) withdrawn by the licensee; or 26
(c) taken to have been withdrawn under section 65(4). 27
28
Note--
29
For what happens to cannabis plants and seed in the licensee's possession if the chief
30
executive decides to refuse to renew a licence, see sections 82 and 83.
s7 25 s7
Drugs Misuse Amendment Bill 2002
`68 Return of licence if renewal refused 1
`A person whose application for renewal of a licence has been refused 2
must return the licence to the chief executive within 14 days after the 3
refusal, unless the person has a reasonable excuse. 4
Maximum penalty--100 penalty units. 5
`Division 7--Dealing with licences 6
`69 Transfer of licence prohibited 7
A licence may not be transferred. 8
`70 Amendment of licence conditions 9
`(1) The chief executive may amend the conditions of a licence-- 10
(a) on the licensee's application; or 11
(b) on the chief executive's own initiative. 12
`(2) An application under subsection (1)(a) must be made in the 13
approved form and be accompanied by the application fee prescribed under 14
a regulation. 15
`(3) Before making an amendment under subsection (1)(a), the chief 16
executive must be satisfied the licensee meets the eligibility requirements 17
the chief executive specifies as relevant to the amendment of the condition 18
and advises to the applicant. 19
`(4) Before making an amendment under subsection (1)(b), the chief 20
executive must-- 21
(a) give written notice to the licensee-- 22
(i) of the particulars of the proposed amendment; and 23
(ii) that the licensee may make written submissions to the chief 24
executive about the proposed amendment before a stated 25
day, not later than 14 days after the notice is given to the 26
licensee; and 27
(b) have regard to submissions made to the chief executive by the 28
licensee before the stated day. 29
s7 26 s7
Drugs Misuse Amendment Bill 2002
`(5) Subsection (4) does not apply if the chief executive decides that the 1
amendment must be made urgently to ensure compliance with this Act. 2
`(6) If the chief executive decides to amend the conditions of a licence 3
under subsection (1)(b), the chief executive must give written notice of the 4
amendment to the licensee and an information notice for the decision 5
within 14 days after the decision is made. 6
`(7) The amendment takes effect-- 7
(a) on the day the written notice of the amendment is given to the 8
licensee; or 9
(b) if a later day is stated in the notice, the stated day. 10
`(8) If the chief executive decides to refuse to make an amendment 11
requested under subsection (1)(a), the chief executive must give the 12
applicant an information notice for the decision within 14 days after the 13
decision is made. 14
`71 Return of licence for amendment of conditions 15
`(1) If the chief executive amends the conditions of a licence under 16
section 70, the chief executive may ask the licensee to produce the licence 17
for amendment within a stated period of not less than 14 days. 18
`(2) The licensee must comply with a request under subsection (1), 19
unless the person has a reasonable excuse. 20
Maximum penalty--100 penalty units. 21
`72 Surrender of licence 22
`(1) A licensee may surrender the licensee's licence by giving written 23
notice to the chief executive and returning the licence. 24
`(2) Before the licensee surrenders the licence, the licensee must destroy 25
or otherwise lawfully dispose of all cannabis plants and seed the licensee 26
possesses. 27
28
Note--
29
Unless otherwise authorised, continued possession of the plants and seed after the
30
surrender takes effect will be unlawful.
`(3) A licence surrendered under this section stops having effect at the 31
end of the day it is surrendered. 32
s7 27 s7
Drugs Misuse Amendment Bill 2002
`Division 8--Suspension and cancellation of licences 1
`73 Grounds for suspension action or cancellation 2
`(1) A ground for suspending or cancelling a licence exists if the 3
licensee-- 4
(a) is not a suitable person to hold the licence; or 5
(b) contravenes a provision of this Act or a condition of the licence 6
with the effect that the licensee is no longer eligible to hold the 7
licence. 8
`(2) Also, a ground for suspending or cancelling a licence exists if the 9
licence was issued because of a materially false or misleading 10
representation or declaration. 11
`74 Show cause notice 12
`(1) This section applies if the chief executive considers a ground exists 13
to suspend or cancel a licence. 14
`(2) The chief executive must give the licensee a written notice (a "show 15
cause notice") stating the following-- 16
(a) the action (the "proposed action") the chief executive proposes 17
taking under this division; 18
(b) the grounds for the proposed action; 19
(c) an outline of the facts and circumstances forming the basis for 20
the grounds; 21
(d) if the proposed action is suspension of the licence, the proposed 22
suspension period; 23
(e) an invitation to the licensee to show cause within a stated period 24
(the "show cause period") why the proposed action should not 25
be taken. 26
`(3) The show cause period must be a period ending at least 21 days after 27
the show cause notice is given to the licensee. 28
`(4) The licensee may make written representations about the proposed 29
action to the chief executive in the show cause period. 30
s7 28 s7
Drugs Misuse Amendment Bill 2002
`75 Consideration of representations 1
`The chief executive must consider all written representations (the 2
"accepted representations") made in the show cause period by the 3
licensee. 4
`76 Ending show cause process without further action 5
`(1) This section applies if, after considering the accepted 6
representations for the show cause period, the chief executive no longer 7
believes a ground exists to suspend or cancel a licence. 8
`(2) The chief executive must not take further action about the show 9
cause notice. 10
`(3) the chief executive must, immediately after making the decision, 11
give the licensee written notice that no further action about the show cause 12
notice is to be taken. 13
`77 Suspension and cancellation of licences 14
`(1) This section applies if, after considering the accepted 15
representations for the show cause notice, the chief executive-- 16
(a) still believes a ground exists to suspend or cancel a licence; and 17
(b) believes suspension or cancellation of the licence is warranted. 18
`(2) This section also applies if there are no accepted representations for 19
the show cause notice. 20
`(3) The chief executive may-- 21
(a) if the proposed action stated in the show cause notice was to 22
suspend the licence for a stated period--suspend the licence for 23
not longer than the stated period; or 24
(b) if the proposed action stated in the show cause notice was to 25
cancel the licence--either cancel the licence or suspend it for a 26
period. 27
`(4) The chief executive must immediately give an information notice for 28
the decision to the licensee. 29
`(5) The decision takes effect-- 30
s7 29 s7
Drugs Misuse Amendment Bill 2002
(a) on the day the information notice is given to the licensee; or 1
(b) if a later day is stated in the notice--the later day. 2
`78 Immediate suspension 3
`(1) This section applies if the chief executive considers, on reasonable 4
grounds, that a licensee-- 5
(a) has contravened or is contravening this Act; or 6
(b) is likely or is proposing to engage in conduct that would 7
contravene this Act. 8
`(2) The chief executive may suspend the licensee's licence with 9
immediate effect. 10
`(3) The licence may be suspended for the period, of not more than 28 11
days, and on the conditions, the chief executive decides. 12
`(4) The chief executive must give the licensee an information notice for 13
the decision to suspend within 3 days after suspending the licensee's 14
licence. 15
`79 Immediate cancellation 16
`A licensee's licence is cancelled immediately on the happening of any 17
of the following events-- 18
(a) the licensee is convicted of a serious offence; 19
(b) if the licensee is an individual, the licensee is affected by 20
bankruptcy action; 21
(c) if the licensee is a corporation, the licensee has gone into 22
liquidation. 23
`80 Return of licence if suspended or cancelled 24
`A person whose licence has been suspended or cancelled must return 25
the licence to the chief executive within 14 days after the suspension or 26
cancellation, unless the person has a reasonable excuse. 27
Maximum penalty--100 penalty units. 28
s7 30 s7
Drugs Misuse Amendment Bill 2002
`Division 9--Action after suspension or cancellation of licence 1
`81 What happens to cannabis plants and seed if licence suspended 2
`(1) This section applies if the chief executive suspends a licensee's 3
licence under section 77 or 78.9 4
`(2) While the licence is suspended, the licensee may, despite the 5
suspension-- 6
(a) continue to possess the cannabis plants and seed in the person's 7
possession on the day the licence is suspended (the "suspension 8
day"); and 9
(b) for cannabis plants in the licensee's possession on the suspension 10
day-- 11
(i) do anything reasonably necessary to help the plants 12
continue to grow; and 13
(ii) harvest the plants and any seed on the plants; and 14
(c) supply harvested cannabis seed to a person lawfully entitled to 15
possess them. 16
`(3) Subsection (2) does not authorise the doing of anything other than a 17
thing mentioned in that subsection in relation to cannabis plants and seed in 18
the licensee's possession on the suspension day. 19
`(4) No compensation is payable by the State because of the suspension. 20
`82 What happens to cannabis plants if licence cancelled 21
`(1) This section applies if-- 22
(a) the chief executive cancels a licensee's licence under section 77 23
or 79;10 and 24
(b) the licensee possesses cannabis plants. 25
`(2) If the cannabis plants can not be harvested, the chief executive may 26
destroy the plants in the way the chief executive considers appropriate, 27
including, for example, by ploughing them in or burning them. 28
9 Section 77 (Suspension and cancellation of licences) or 78 (Immediate suspension)
10 Section 77 (Suspension and cancellation of licences) or 79 (Immediate cancellation)
s7 31 s7
Drugs Misuse Amendment Bill 2002
1
Examples for subsection (2)--
2
1. The plants may be too small to harvest and ploughing them in or burning them may
3
be the most appropriate way of destroying them.
4
2. It may be appropriate to burn plants because flooding may prevent the plants being
5
harvested.
`(3) However, if the cannabis plants can be harvested, the chief executive 6
may-- 7
(a) harvest the plants and any seed on the plants; and 8
(b) for industrial cannabis seed-- 9
(i) denature the seed; or 10
(ii) supply the seed to a person authorised under a regulation 11
under section 48 to denature the seed at another place; or 12
(iii) supply processed cannabis to a person who may lawfully 13
possess it; and 14
(c) for research cannabis--supply the harvested material to a person 15
who may lawfully possess it. 16
`(4) For giving effect to this section, the chief executive may-- 17
(a) enter and re-enter the place stated in the cancelled licence as 18
often as is reasonably necessary; and 19
(b) bring onto the place reasonably necessary help, machinery and 20
other equipment. 21
`(5) For subsections (2) to (4)-- 22
(a) the chief executive is taken to hold a licence identical to the 23
cancelled licensee for the place stated in the cancelled licence; 24
and 25
(b) cannabis plants in the possession of the former licensee 26
immediately before the cancellation are taken to be in the chief 27
executive's possession and not the possession of the former 28
licensee; and 29
(c) if-- 30
(i) the cancelled licence was a category 1 or category 2 31
researcher licence; and 32
(ii) under the cancelled licence, class A or class B research 33
cannabis is growing on land owned or leased by a grower as 34
s7 32 s7
Drugs Misuse Amendment Bill 2002
part a field trial conducted under the supervision of a 1
category 1 or category 2 researcher; 2
the class A or class B cannabis plants are taken to be in the chief 3
executive's possession and not in the possession of the grower or 4
the former licensee. 5
`(6) However, sections 50(1)(b), 51(1)(b) and 52(b) and (e)11 do not 6
apply to the chief executive, other than to the extent necessary to allow-- 7
(a) cannabis plants already growing on land to which the cancelled 8
licence relates; or 9
(b) for cannabis plants growing on land owned or leased by a grower, 10
for a former licensee, cannabis plants growing on that land; 11
to continue to grow until they can be destroyed or harvested. 12
`(7) No compensation is payable by the State because of the cancellation 13
or because of the destruction of cannabis plants or seed under this section. 14
`83 What happens to cannabis seed if licence cancelled or 15
renewal refused 16
`(1) This section applies if-- 17
(a) the chief executive refuses to renew a licence under section 66 12
18
and the licensee possesses cannabis seed, other than harvested 19
material under section 82; or 20
(b) the chief executive cancels a licensee's licence under section 77 21
or 79.13 22
`(2) The chief executive may-- 23
(a) for industrial cannabis seed-- 24
(i) denature the cannabis seed; or 25
(ii) supply the seed to a person authorised under a regulation 26
under section 4814 to denature the seed at another place; or 27
11 Sections 50 (What category 1 researcher licences authorise), 51 (What category 2
researcher licence authrorises) and 52 (What grower licence authorises)
12 Section 66 (Chief executive may renew or refuse to renew licence)
13 Section 77 (Suspension and cancellation of licences) or 79 (Immediate cancellation)
14 Section 48 (Authorisations for persons other than licensees)
s7 33 s7
Drugs Misuse Amendment Bill 2002
(iii) supply the seed to a category 1 or category 2 researcher, a 1
grower, or a person authorised under a regulation under 2
section 48 to possess industrial cannabis seed; or 3
(b) for class A research cannabis seed--supply the seed to a category 4
1 researcher or a person authorised under a regulation under 5
section 48 to possess class A research cannabis seed; or 6
(c) for class B research cannabis seed--supply the seed to a category 7
1 or category 2 researcher or a person authorised under a 8
regulation under section 48 to possess class B research cannabis 9
seed; or 10
(d) destroy the seed. 11
`(3) For subsection (2)-- 12
(a) the chief executive is taken to hold a licence identical to the 13
cancelled licence for the place stated in the cancelled licence; 14
and 15
(b) the cannabis seed in the possession of the former licensee 16
immediately before the cancellation are taken to be in the chief 17
executive's possession and not the possession of the licensee; and 18
(c) if-- 19
(i) the cancelled licence was a category 1 or category 2 20
researcher licence; and 21
(ii) under the cancelled licence, class A or class B research 22
cannabis seed is in the possession of a grower for use for 23
growing class A or class B research cannabis on land owned 24
or leased by the grower as part a field trial conducted under 25
the supervision of a category 1 or category 2 researcher; 26
the class A or class B cannabis seed are taken to be in the chief 27
executive's possession and not in the possession of the grower or 28
the former licensee. 29
`(4) For subsections (2) and (3), the chief executive may-- 30
(a) enter and re-enter the place stated in the cancelled licence as 31
often as is reasonably necessary; and 32
(b) bring onto the place reasonably necessary machinery and other 33
equipment; and 34
(c) open anything in which the chief executive reasonably suspects 35
cannabis seed may be kept; and 36
s7 34 s7
Drugs Misuse Amendment Bill 2002
(d) inspect anything opened under paragraph (c) and seize any 1
cannabis seed found. 2
`(5) For subsection (4), the chief executive is taken to have the powers of 3
an inspector who enters a place. 4
`(6) No compensation is payable by the State because of the destruction 5
of the seed. 6
`84 Cost recovery 7
`(1) The chief executive may recover the cost incurred by the chief 8
executive under section 82 or 83 as a debt payable to the State by the 9
former licensee. 10
`(2) For subsection (1), the chief executive may recover the costs from 11
the proceeds of the sale of harvested material under section 82 or cannabis 12
seed under section 83. 13
`(3) However, if the proceeds are more than the costs, the chief executive 14
must pay any balance to the former licensee. 15
`(4) Despite subsection (3), if before the proceeds are paid, the chief 16
executive becomes aware that the proceeds may be subject to an 17
application for forfeiture of tainted property under the Crimes 18
(Confiscation) Act 1989, the chief executive must not pay the proceeds to 19
the former licensee unless no order for forfeiture is made under that Act. 20
`(5) Also, if the chief executive becomes aware that the harvested 21
material is subject to a lien under the Bills of Sale and Other Instruments 22
Act 1955 that has not been satisfied, the chief executive must pay any 23
balance-- 24
(a) first, in satisfaction of the lien; and 25
(b) then, to the former licensee. 26
`Division 10--Appeals 27
`85 Appeals 28
`A person who is dissatisfied with a decision of the chief executive under 29
this part ("aggrieved person") may appeal to the District Court against the 30
decision. 31
s7 35 s7
Drugs Misuse Amendment Bill 2002
`86 Starting appeal 1
`(1) An appeal is started by-- 2
(a) filing a written notice of appeal with the District Court; and 3
(b) serving a copy of the notice on the chief executive. 4
`(2) The notice of appeal must be filed within 21 days after the day the 5
aggrieved person is given notice of the decision appealed against 6
("original decision"). 7
`(3) The court may, at any time, extend the period for filing the notice of 8
appeal. 9
`(4) The notice of appeal must state fully the grounds of the appeal. 10
`87 Stay of operation of decision 11
`(1) The court may grant a stay of the operation of the original decision 12
to secure the effectiveness of the appeal. 13
`(2) The stay-- 14
(a) may be given on conditions the court considers appropriate; and 15
(b) operates for the period fixed by the court; and 16
(c) may be revoked or amended by the court. 17
`(3) The period of the stay must not extend past the time when the court 18
decides the appeal. 19
`(4) The appeal affects the decision, or carrying out of the decision, only 20
if the decision is stayed. 21
`88 Hearing procedures 22
`(1) In deciding an appeal, the court-- 23
(a) has the same powers as the chief executive; and 24
(b) is not bound by the rules of evidence; and 25
(c) must comply with natural justice. 26
`(2) An appeal is by way of rehearing, unaffected by the original 27
decision. 28
s7 36 s7
Drugs Misuse Amendment Bill 2002
`89 Powers of court on appeal 1
`(1) In deciding an appeal, the court may-- 2
(a) confirm the original decision; or 3
(b) set aside the original decision; or 4
(c) amend the original decision in the way the court considers 5
appropriate; or 6
(d) send the matter back to the chief executive and give the 7
directions the court considers appropriate; or 8
(e) set aside the original decision and substitute it with a decision the 9
court considers appropriate. 10
`(2) If the court amends the original decision or substitutes another 11
decision for the original decision, the amended or substituted decision is, 12
for this part (other than this division) taken to be the chief executive's 13
decision. 14
`90 Appeal to Supreme Court 15
`An appeal against a decision of the District Court may only be made on 16
a point of law. 17
`Division 11--Appointment of inspectors 18
`91 Appointment and qualifications 19
`(1) The chief executive may appoint any of the following as an 20
inspector-- 21
(a) a public service employee employed in the department; 22
(b) another person engaged by the chief executive for the purposes of 23
this division. 24
`(2) However, the chief executive may appoint a person as an inspector 25
only if the chief executive is satisfied the person is qualified for 26
appointment because the person has the necessary expertise or experience. 27
`92 Appointment conditions and limit on powers 28
`(1) An inspector holds office on any conditions stated in-- 29
s7 37 s7
Drugs Misuse Amendment Bill 2002
(a) the inspector's instrument of appointment; or 1
(b) a signed notice given to the inspector; or 2
(c) a regulation. 3
`(2) The instrument of appointment, a signed notice given to the 4
inspector or a regulation may limit the inspector's powers under this Act. 5
`(3) In this section-- 6
"signed notice" means a notice signed by the chief executive. 7
`93 Issue of identity card 8
`(1) The chief executive must issue an identity card to each inspector. 9
`(2) The identity card must-- 10
(a) contain a recent photo of the inspector; and 11
(b) contain a copy of the inspector's signature; and 12
(c) identify the person as an inspector under this Act; and 13
(d) state an expiry date for the card. 14
`(3) This section does not prevent the issue of a single identity card to a 15
person for this Act and other purposes. 16
`94 Production or display of identity card 17
`(1) In exercising a power under this Act in relation to a person, an 18
inspector must-- 19
(a) produce the inspector's identity card for the person's inspection 20
before exercising the power; or 21
(b) have the identity card displayed so it is clearly visible to the 22
person when exercising the power. 23
`(2) However, if it is not practicable to comply with subsection (1), the 24
inspector must produce the identity card for the person's inspection at the 25
first reasonable opportunity. 26
s7 38 s7
Drugs Misuse Amendment Bill 2002
`(3) For subsection (1), an inspector does not exercise a power in relation 1
to a person only because the inspector has entered a place as mentioned in 2
section 98(1)(b) or (2).15 3
`95 When inspector ceases to hold office 4
`(1) An inspector ceases to hold office if any of the following happens-- 5
(a) the term of office stated in a condition of office ends; 6
(b) under another condition of office, the inspector ceases to hold 7
office; 8
(c) the inspector's resignation under section 96 takes effect. 9
`(2) Subsection (1) does not limit the ways an inspector may cease to 10
hold office. 11
`(3) In this section-- 12
"condition of office" means a condition on which the inspector holds 13
office. 14
`96 Resignation 15
`(1) An inspector may resign by signed notice given to the chief 16
executive. 17
`(2) However, if holding office as an inspector is a condition of the 18
inspector holding another office, the inspector may not resign as an 19
inspector without resigning from the other office. 20
`97 Return of identity card 21
`A person who ceases to be an inspector must return the person's identity 22
card to the chief executive within 21 days after ceasing to be an inspector 23
unless the person has a reasonable excuse. 24
Maximum penalty--20 penalty units. 25
15 Section 98 (Power of entry)
s7 39 s7
Drugs Misuse Amendment Bill 2002
`Division 12--Powers of inspectors 1
`98 Power of entry 2
`(1) An inspector may enter and stay at a place if-- 3
(a) its occupier consents to the entry; or 4
(b) the inspector reasonably suspects any delay in entering the place 5
will result in the concealment or destruction of anything at the 6
place that is-- 7
(i) evidence of an offence against this Act; or 8
(ii) being used to commit, continue or repeat, an offence. 9
`(2) For the purpose of asking the occupier of a place for consent to 10
enter, an inspector may, without the occupier's consent-- 11
(a) enter land around premises at the place to an extent that is 12
reasonable to contact the occupier; or 13
(b) enter part of the place the inspector reasonably considers 14
members of the public ordinarily are allowed to enter when they 15
wish to contact the occupier. 16
`99 Procedure for entry with consent 17
`(1) This section applies if an inspector intends to ask an occupier of a 18
place to consent to the inspector or another inspector entering the place 19
under section 98(1)(a). 20
`(2) Before asking for the consent, the inspector must tell the occupier-- 21
(a) the purpose of the entry; and 22
(b) that the occupier is not required to consent. 23
`(3) If the consent is given, the inspector may ask the occupier to sign an 24
acknowledgment of the consent. 25
`(4) The acknowledgment must state-- 26
(a) the occupier has been told-- 27
(i) the purpose of the entry; and 28
(ii) that the occupier is not required to consent; and 29
(b) the purpose of the entry; and 30
s7 40 s7
Drugs Misuse Amendment Bill 2002
(c) the occupier gives the inspector or another inspector consent to 1
enter the place and exercise powers under this part; and 2
(d) the time and date the consent was given. 3
`(5) If the occupier signs the acknowledgment, the inspector must 4
promptly give a copy to the occupier. 5
`(6) If-- 6
(a) an issue arises in a proceeding about whether the occupier 7
consented to the entry; and 8
(b) an acknowledgment complying with subsection (4) for the entry 9
is not produced in evidence; 10
the onus of proof is on the person relying on the lawfulness of the entry to 11
prove the occupier consented. 12
`100 Procedure for other entries 13
`(1) This section applies if-- 14
(a) an inspector is intending to enter, under section 98(1)(b), a place; 15
and 16
(b) the occupier of the place is present at the place. 17
`(2) Before entering the place, the inspector must do, or make a 18
reasonable attempt to do, the following things-- 19
(a) tell the occupier the purpose of the entry; 20
(b) tell the occupier the inspector is permitted under this Act to enter 21
the place without the occupier's consent. 22
`101 General powers 23
`The inspector may do any of the following at a place entered under this 24
part-- 25
(a) examine or inspect, or film, photograph, videotape or otherwise 26
record an image of, a document or other thing at the place; 27
(b) take a sample of or from a thing at the place for analysis or 28
testing; 29
(c) copy a document at the place; 30
s7 41 s7
Drugs Misuse Amendment Bill 2002
(d) take into the place the equipment, materials or persons the 1
inspector reasonably requires for exercising a power under this 2
part; 3
(e) take a necessary step to allow a power under paragraphs (a) to (d) 4
to be exercised. 5
`102 Power to require reasonable help 6
`(1) The inspector may require ("help requirement") a person at a place 7
entered under this part to give the inspector reasonable help to exercise a 8
power under this part, including, for example to produce a document or 9
give information. 10
`(2) When making a help requirement, the inspector must warn the 11
person it is an offence to fail to comply with the requirement and the 12
penalty for the offence. 13
`103 Failure to comply with help requirement 14
`(1) A person of whom a help requirement has been made must comply 15
with the requirement unless the person has a reasonable excuse. 16
Maximum penalty--100 penalty units. 17
`(2) It is a reasonable excuse for an individual not to comply with a help 18
requirement if complying with the requirement might tend to incriminate 19
the person. 20
`(3) However, subsection (2) does not apply if the requirement is to 21
produce a document required to be held or kept by the person under this 22
Act. 23
`104 Power to require information about contravention 24
`(1) This section applies if an inspector reasonably suspects-- 25
(a) this Act has been contravened; and 26
(b) a person may be able to give information about the 27
contravention. 28
`(2) The inspector may require ("information requirement") the person 29
to give information in the person's knowledge about the contravention in a 30
stated reasonable time and in a stated reasonable way. 31
s7 42 s7
Drugs Misuse Amendment Bill 2002
`(3) When making an information requirement, the inspector must tell 1
the person it is an offence to fail to comply with the requirement and the 2
penalty for the offence. 3
`105 Failure to comply with information requirement 4
`(1) A person of whom an information requirement has been made must 5
comply with the requirement unless the person has a reasonable excuse. 6
Maximum penalty--50 penalty units. 7
`(2) It is a reasonable excuse-- 8
(a) for an individual not to give information if giving the information 9
might tend to incriminate the person; or 10
(b) if the information sought by the requirement is not in fact 11
relevant to the contravention for which it was made. 12
`106 False or misleading statements 13
`(1) A person must not state anything to an inspector that the person 14
knows is false or misleading in a material particular. 15
Maximum penalty--50 penalty units. 16
`(2) Subsection (1) applies even if the statement was not made in 17
response to, or in purported compliance with, an information requirement 18
or another specific requirement under a specific power. 19
`107 Power to require production of documents 20
`(1) An inspector may require ("document production requirement") 21
a person to make available for inspection by an inspector, or produce to the 22
inspector for inspection, at a stated reasonable time and place, a 23
document-- 24
(a) required to be held or kept by the person under this Act; or 25
(b) in the person's possession and about a stated matter relating to 26
this Act. 27
`(2) The inspector may keep the document to copy it. 28
`(3) The inspector must return the document to the person as soon as 29
practicable after copying it. 30
s7 43 s7
Drugs Misuse Amendment Bill 2002
`108 Failure to comply with document production requirement 1
`(1) A person of whom a document production requirement has been 2
made must comply with the requirement unless the person has a reasonable 3
excuse. 4
Maximum penalty--50 penalty units. 5
`(2) It is a reasonable excuse for an individual not to comply with a 6
document production requirement if complying with the requirement might 7
tend to incriminate the person. 8
`(3) However, subsection (2) does not apply if the document is required 9
to be held or kept by the person under this Act. 10
`109 False or misleading documents 11
`(1) A person must not give an inspector a document containing 12
information the person knows is false or misleading in a material particular. 13
Maximum penalty--50 penalty units. 14
`(2) Subsection (1) applies even if the document was not given in 15
response to, or in purported compliance with, a document production, 16
information or another specific requirement under another specific power. 17
`110 Obstruction of inspectors 18
`A person must not obstruct an inspector in the exercise of a power under 19
this part, unless the person has a reasonable excuse. 20
Maximum penalty--20 penalty units. 21
`111 Requirement to report loss or theft of controlled substance 22
`(1) This section applies to a licensee who-- 23
(a) owns a cannabis plant or cannabis seed; or 24
(b) has possession of a cannabis plant or cannabis seed for a purpose 25
authorised under this part. 26
`(2) If the cannabis plant or cannabis seed is lost or stolen, the person 27
must report the loss or theft of the plant or seed to a police officer within 2 28
days after the person finds out about it. 29
Maximum penalty-- 30
s7 44 s7
Drugs Misuse Amendment Bill 2002
(a) for a first offence--20 penalty units; or 1
(b) for a second or later offence--40 penalty units. 2
`Division 13--Other provisions 3
`112 Responsibility for acts or omissions of representatives 4
`(1) Subsections (2) and (3) apply in a proceeding for an offence against 5
this part. 6
`(2) If it is relevant to prove a person's state of mind about a particular 7
act or omission, it is sufficient to show-- 8
(a) the act was done or omitted to be done by a representative of the 9
person within the scope of the representative's actual or apparent 10
authority; and 11
(b) the representative had the state of mind. 12
`(3) An act done or omitted to be done for a person by a representative of 13
the person within the scope of the representative's actual or apparent 14
authority is taken to have been done or omitted to be done also by the 15
person, unless the person proves the person could not, by the exercise of 16
reasonable diligence, have prevented the act or omission. 17
`(4) In this section-- 18
"representative" means-- 19
(a) of a corporation--an executive officer, employee or agent of the 20
corporation; or 21
(b) of an individual--an employee or agent of the individual. 22
"state of mind" of a person includes-- 23
(a) the person's knowledge, intention, opinion, belief or purpose; 24
and 25
(b) the person's reasons for the intention, opinion, belief or purpose. 26
`113 Executive officers must ensure corporation complies with part 27
`(1) The executive officers of a corporation must ensure the corporation 28
complies with this part. 29
s8 45 s8
Drugs Misuse Amendment Bill 2002
`(2) If a corporation commits an offence against a provision of this part, 1
each of the corporation's executive officers also commits an offence, 2
namely, the offence of failing to ensure the corporation complies with the 3
provision. 4
Maximum penalty--the penalty prescribed for the contravention of the 5
provision by an individual. 6
`(3) Evidence that a corporation has been convicted of an offence against 7
a provision of this part is evidence each of the corporation's executive 8
officers committed the offence of failing to ensure the corporation complies 9
with the provision. 10
`(4) However, it is a defence for an executive officer to prove-- 11
(b) if the officer was in a position to influence the conduct of the 12
corporation in relation to the offence--the officer exercised 13
reasonable diligence to ensure the corporation complied with the 14
provision; or 15
(b) the officer was not in a position to influence the conduct of the 16
corporation in relation to the offence. 17
`114 Delegation 18
`The chief executive may delegate powers of the chief executive under 19
this part to an officer of the department. 20
`115 Review 21
`The chief executive must review the operation of section 61(5) within 2 22
years after the commencement of part 5B.'. 23
8 Amendment of s 57 (Evidentiary provisions)
Clause 24
Section 57-- 25
insert-- 26
`(2) In a proceeding against a person who may produce cannabis under a 27
licence or another authority under part 5B16 for an offence against part 217 28
16 Part 5B (Commercial production of industrial cannabis)
17 Part 2 (Drug trafficking)
s9 46 s9
Drugs Misuse Amendment Bill 2002
involving the production of unauthorised cannabis plants, it is a defence for 1
the person to prove-- 2
(a) that the plants were grown from lawfully obtained cannabis seed; 3
and 4
(b) that although the person acted with reasonable diligence to 5
prevent the contravention, the contravention was beyond the 6
person's control. 7
`(3) In a proceeding against a person who may possess cannabis under a 8
licence or another authority under part 5B for a charge of an offence 9
against part 2 involving the possession of unauthorised cannabis plants, it is 10
a defence for the person to prove-- 11
(a) that the plants were grown from lawfully obtained cannabis seed; 12
and 13
(b) that although the person acted with reasonable diligence to 14
prevent the contravention, the contravention was beyond the 15
person's control. 16
`(4) A certificate signed by the chief executive and stating any of the 17
following is evidence of the matter stated-- 18
(a) a stated person was, on a stated day, the holder of a stated licence 19
under part 5B; 20
(b) a licence held by a stated person was, on a stated day, 21
surrendered or cancelled under part 5B. 22
`(5) In this section-- 23
"unauthorised cannabis plants" means cannabis plants with a higher 24
concentration of THC in their leaves and flowering heads than a 25
person may possess under a licence or other authorisation under 26
part 5B.'. 27
9 Amendment of s 57A (Evidence of prescribed substance by label)
Clause 28
Section 57A(2)(c), `57B(4)'-- 29
omit, insert-- 30
`131(4)'. 31
s 10 47 s 12
Drugs Misuse Amendment Bill 2002
10 Amendment of s 57B (Evidence of prescribed substance--notice
Clause 1
of challenge required) 2
Section 57B(1), `57A'-- 3
omit, insert-- 4
`130'. 5
11 Renumbering of ss 44-62
Clause 6
Sections 44 to 62-- 7
renumber as sections 116 to 135. 8
12 Insertion of new sch
Clause 9
After section 135, as renumbered-- 10
insert-- 11
`SCHEDULE 12
`SERIOUS OFFENCE PROVISIONS UNDER THE 13
CRIMINAL CODE 14
section 46 (definition "serious offence", paragraph (c)) 15
1. Section 87 (Official corruption) 16
2. Section 121 (Official corruption not judicial but relating to offences) 17
3. Section 300 (Unlawful homicide) 18
4. Section 306 (Attempt to murder) 19
5. Section 349 (Rape) 20
6. Section 350 (Attempt to commit rape) 21
7. Section 354 (Kidnapping) 22
8. Section 354A (Kidnapping for ransom) 23
9. Section 415 (Demanding property, benefit or performance of services 24
with threats)'. 25
s 13 48 s 13
Drugs Misuse Amendment Bill 2002
13 Other Acts amended
Clause 1
The schedule amends the Acts it mentions. 2
49
Drugs Misuse Amendment Bill 2002
SCHEDULE 1
OTHER ACTS AMENDED 2
section 13 3
CRIME AND MISCONDUCT ACT 2000 4
1 Section 40(3), `section 46'-- 5
omit, insert-- 6
`section 119'. 7
CRIMINAL CODE 8
1 Section 651(7), definition "summary offence", paragraph (b)(ii), 9
from `section'-- 10
omit, insert-- 11
`section 11818 of that Act.'. 12
POLICE POWERS AND RESPONSIBILITIES ACT 2000 13
1 Section 454(3), example, `section 47'-- 14
omit, insert-- 15
`section 120'. 16
17
18 Drugs Misuse Act 1986, section 118 (Proceedings for offences)
50
Drugs Misuse Amendment Bill 2002
© State of Queensland 2002
AMENDMENTS TO BILL
1
Drugs Misuse Amendment Bill 2002
DRUGS MISUSE AMENDMENT BILL 2002
AMENDMENTS AGREED TO IN COMMITTEE
1 Clause 7--
At page 14, line 4, after `possess'--
insert--
`for research purposes'.
2 Clause 7--
At page 14, lines 11 and 12--
omit, insert--
`(c) to supply--
(i) class A and class B research cannabis plants and seed to a
category 1 researcher or a person authorised under a
regulation under section 48 to possess class A and class B
research cannabis plants and seed; or
(ii) class B research cannabis plants and seed to a category 2
researcher; or'.
3 Clause 7--
At page 14, after line 32--
insert--
`(h) to supply processed cannabis to a person authorised under a
regulation under section 48 to possess processed cannabis.'.
2
Drugs Misuse Amendment Bill 2002
4 Clause 7--
At page 15, line 4, after `possess'--
insert--
`for research purposes'.
5 Clause 7--
At page 15, after line 33--
insert--
`(h) to supply processed cannabis to a person authorised under a
regulation under section 48 to possess processed cannabis.'.
6 Clause 7--
At page 16, line 7, after `plants'--
insert--
`and seed'.
7 Clause 7--
At page 16, line 26, after `plants'--
insert--
`and seed'.
8 Clause 12--
At page 47, lines 9 to 11--
omit, insert--
`12 Insertion of new s 136 and sch
`After section 135, as renumbered--
insert--
3
Drugs Misuse Amendment Bill 2002
`136 Transitional provision for regulation provisions in force under
repealed part 5B
`(1) Until the end of 18 December 2002, the relevant provisions of the
regulation continue to have effect as if the repealed part 5B had not been
repealed.
`(2) In this section--
"amending Act" means the Drugs Misuse Amendment Act 2002.
"regulation" means the Drugs Misuse Regulation 1987.
"relevant provisions", of the regulation, means the provisions of the
regulation that were in force immediately before the commencement
of this section for the purposes of the repealed part 5B.
"repealed part 5B" means part 5B of this Act as repealed by section 7 of
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