Drug Misuse and Trafficking Amendment (Medically Supervised Injecting Centre) Act 2010 (NSW)

An Act to amend the Drug Misuse and Trafficking Act 1985 to make further provision with respect to the operation of the medically supervised injecting centre and to repeal the Drug Summit Legislative Response Act 1999.

1Name of Act

This Act is the Drug Misuse and Trafficking Amendment (Medically Supervised Injecting Centre) Act 2010.

2Commencement

This Act commences on the date of assent to this Act.

3Repeal of Drug Summit Legislative Response Act 1999 No 67

The Drug Summit Legislative Response Act 1999 is repealed.

Schedule 1Amendment of Drug Misuse and Trafficking Act 1985 No 226[1]Section 36A Limited operation of Part

Omit section 36A (1). Insert instead:

(1)

Despite any other provision of this Part, this Part operates to allow the responsible authorities to issue only one licence in respect of only one premises.

[2]Section 36A (2)

Omit “has been revoked or has otherwise ceased to have effect”.

Insert instead “is surrendered or revoked before the further licence takes effect”.

[3]Section 36A (3)

Omit the subsection.

[4]Sections 36B and 36C

Omit the sections. Insert instead:

36BObjects of Part

The objects of this Part are as follows:

• (a)

  to reduce the number of deaths from drug overdoses,

• (b)

  to provide a gateway to treatment and counselling for clients of the licensed injecting centre,

• (c)

  to reduce the number of discarded needles and syringes and the incidence of drug injecting in public places,

• (d)

  to assist in reducing the spread of blood-borne diseases, such as HIV infection or Hepatitis C.

36CReview of Part(1)

The Minister is to review this Part to determine whether the policy objectives of this Part remain valid and whether the terms of this Part remain appropriate for securing those objectives.

(2)

The review is to be undertaken as soon as possible after the period of 5 years from the commencement of the Drug Misuse and Trafficking Amendment (Medically Supervised Injecting Centre) Act 2010.

(3)

A report of the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.

[5]Section 36D Definitions

Omit the definition of trial period.

[6]Section 36G Duration of licence

Omit section 36G (1). Insert instead:

(1)

Except during any period of suspension, a licence remains in force until it is surrendered or revoked.

[7]Section 36KA

Insert after section 36K:

36KARevocation of licence(1)

The responsible authorities may revoke a licence for any of the following reasons:

• (a)

  the responsible authorities are satisfied that it is more appropriate for a licence to be issued in respect of different premises,

• (b)

  the responsible authorities are satisfied that the licence holder is not a fit and proper person to hold the licence or, if the licence holder is a corporation, a director or person concerned in the management of the corporation is not a fit and proper person to hold a licence,

• (c)

  such other reasons as may be prescribed by the regulations.

(2)

A licence may also be revoked under section 36J or 36K.

[8]Section 36Q Application of Environmental Planning and Assessment Act 1979

Omit “during the trial period” wherever occurring in section 36Q (1) and (2).

[9]Section 36T

Omit the section. Insert instead:

36TApplication of Drug Misuse and Trafficking Amendment (Medically Supervised Injecting Centre) Act 2010

The amendments made to this Part by the Drug Misuse and Trafficking Amendment (Medically Supervised Injecting Centre) Act 2010 extend to a licence in force under this Part immediately before the commencement of that Act.