Drugs of Dependence (Amendment) Act 1995 (ACT)

AUSTRALIAN CAPITAL TERRITORY

Drugs of Dependence (Amendment) Act
1995

No. 31 of 1995

An Act to amend the Drugs of Dependence Act 1989

[Notified in ACT Gazette S243: 3 October 1995]

The Legislative Assembly for the Australian Capital Territory enacts as follows:

Short title

1.  This Act may be cited as the Drugs of Dependence (Amendment) Act 1995.

Commencement

2. This Act commences on the day on which it is notified in the Gazette.

Principal Act

3.  In this Act, “Principal Act” means the Drugs of Dependence Act 1989.1

Previous supply of take-away methadone

4.  Nothing in the Principal Act as in force at any time before the commencement of this Act is to be taken to have rendered unlawful any action undertaken at that time in relation to the supply of methadone to a person for self-administration where that supply would be lawful under the Principal Act as amended by this Act.

Interpretation

5.  Section 3 of the Principal Act is amended by inserting in subsection (1) the following definition:

“ ‘treatment’, in relation to the treatment of a person for drug dependence, means treatment, therapy or a program which 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 at a methadone program treatment centre—

(i)the administration of methadone to the person at the centre; or

(ii)the supply of methadone to the person at the centre for self-administration at the centre or elsewhere;”.

Interpretation

6.  Section 121 of the Principal Act is amended by omitting the definition of “treatment”.

Approval—application

7.  Section 149 of the Principal Act is amended by inserting in subparagraph (2) (b) (viii) “or supply” after “administration”.

Approval—grant

8.  Section 150 of the Principal Act is amended by inserting in paragraph (2) (e) “or supply” after “administration”.

Approval—conditions

9.  Section 151 of the Principal Act is amended by inserting in paragraph (a) “or supply” after “administration”.

Sale or supply

10.  Section 164 of the Principal Act is amended by inserting after paragraph (4) (b) the following paragraph:

“(ba)in the case of methadone supplied to a person at a methadone program treatment centre conducted by the Territory—a nurse who supplies the methadone in the course of his or her professional practice or employment for the treatment of the person’s drug dependence;”.

Inspection—premises of approved treatment centres

11.  Section 179 of the Principal Act is amended by omitting subsection (1) and substituting the following subsection:

“(1)  In this section—

‘approved treatment centre’ has the meaning given by section 121;

‘treatment’ means treatment of persons for drug dependence.”.

NOTE

Principal Act

1. Reprinted as at 31 January 1995.

[Presentation speech made in Assembly on 22 June 1995]

©  Australian Capital Territory 1995