Drug Summit Legislative Response Amendment (Trial Period Extension) Act 2002 (NSW)

An Act to amend the Drug Misuse and Trafficking Act 1985 so as to extend the trial period established under Part 2A of that Act for the operation and use of the injecting centre licensed under that Part; and for other purposes.

1Name of Act

This Act is the Drug Summit Legislative Response Amendment (Trial Period Extension) Act 2002.

2Commencement

This Act commences on the date of assent.

3Amendment of Drug Misuse and Trafficking Act 1985 No 226

The Drug Misuse and Trafficking Act 1985 is amended as set out in Schedule 1.

Schedule 1Amendments

(Section 3)

[1]Section 36A Limited operation of Part 2A

Omit “18 months” from section 36A (1). Insert instead “30 months”.

[2]Section 36B Review during trial period

Insert “the first 18 months of” after “during” in section 36B (1) (a).

[3]Section 36D Definitions

Omit “18 months” from the definition of trial period.

Insert instead “30 months”.

[4]Section 36G Duration of licence

Omit “the period specified in it” from section 36G (1).

Insert instead “the whole of the trial period”.

[5]Section 36T

Insert after section 36S:

36TEffect of extension of trial period(1)

The licence in force immediately before the date of assent to the Drug Summit Legislative Response Amendment (Trial Period Extension) Act 2002:

• (a)

  is, by operation of this section, extended for the whole of the trial period despite any of its provisions to the contrary, and

• (b)

  may not be challenged or called into question in proceedings before any court or tribunal as a consequence of its having been so extended.

(2)

For avoidance of doubt, it is declared that section 36Q applies with respect to the whole of the trial period.