Misuse of Drugs (Consequential Amendments) Act 2001
An Act to amend the Poisons Act 1971 and certain other Acts consequent on the enactment of the Misuse of Drugs Act 2001
[Royal Assent 17 December 2001]
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
1Short titleThis Act may be cited as the Misuse of Drugs (Consequential Amendments) Act 2001 . 2CommencementThis Act commences on the day on which the Misuse of Drugs Act 2001 commences. 3Consequential amendments to Poisons Act 1971The Poisons Act 1971 is amended as specified in Schedule 1 . 4Consequential amendments to other ActsThe Acts specified in Schedule 2 are amended as specified in that Schedule. Schedule 1Consequential Amendments to Poisons Act 1971Section 3
1. Section 35 is repealed. 2. Section 44 is amended as follows: (a) by omitting "Part;" from the definition of approved port and substituting "Part."; (b) by omitting the definition of maximum permissible quantity . 3. Section 47 is amended by omitting subsection (7) . 4. Section 51 is repealed. 5. Division 3 of Part V is repealed. 6. Schedule 1 is repealed. Schedule 2Consequential Amendments to other ActsSection 4
1. Section 28(1) is amended by omitting paragraph (c) and substituting the following paragraph: (c) a controlled substance within the meaning of the Misuse of Drugs Act 2001 ; 1. Section 22 is amended as follows: (a) by inserting the following definition before the definition of offence period in subsection (1) : controlled substance means a controlled substance within the meaning of the Misuse of Drugs Act 2001 ; (b) by omitting "committed;" from the definition of offence period in subsection (1) and substituting "committed."; (c) by omitting the definition of raw narcotic from subsection (1) ; (d) by omitting from subsection (7)(a) "raw narcotic, narcotic substance, prohibited substance or prohibited plant" and substituting "controlled substance"; (e) by omitting from subsection (7)(b) "raw narcotic, narcotic substance, prohibited substance or prohibited plant" and substituting "controlled substance". 1. Section 3(1) is amended by inserting "the Misuse of Drugs Act 2001 or" after "against " in paragraph (c) of the definition of disqualifying offence . 1. Section 3(1) is amended by omitting paragraph (c) from the definition of serious offence and substituting: (c) against section 20 , 21 or 26 of the Misuse of Drugs Act 2001 ; 1. Section 10 is amended as follows: (a) by inserting in subsection (1) ", the Misuse of Drugs Act 2001 " after "Registration Act"; (b) by inserting in subsection (2) "or the Misuse of Drugs Act 2001 " after " Poisons Act 1971 "; (c) by inserting in subsection (3) "or the Misuse of Drugs Act 2001 " after "offence under the Poisons Act 1971 ". 1. Section 3 is amended as follows: (a) by inserting the following definition after the definition of consent : controlled substance means a controlled substance within the meaning of the Misuse of Drugs Act 2001 ; (b) by omitting the definition of narcotic substance and substituting the following definition: narcotic substance has the meaning assigned to that expression by the Poisons Act 1971 ; (c) by inserting the following definition after the definition of positive : raw narcotic has the meaning assigned to that expression by the Poisons Act 1971 ; 2. Section 25(1) is amended as follows: (a) by omitting "administering a narcotic substance, prohibited substance or raw narcotic." and substituting "administering –"; (b) by inserting the following paragraphs before the penalty : (a) a controlled substance; or (b) a narcotic substance or raw narcotic that is not a controlled substance. 3. Section 37 is amended by inserting " Misuse of Drugs Act 2001 or" after "the". 4. Section 38 is repealed and the following section is substituted: 38Possession of trace elements of certain substances (1) In this section, substance means – (a) a controlled substance; or (b) a narcotic substance or raw narcotic that is not a controlled substance. (2) A person who is in possession of any trace element of a substance that is contained in a syringe or needle is not, by reason only of that possession, taken to have committed an offence under the Misuse of Drugs Act 2001 or Poisons Act 1971 . 1. Section 3(1) is amended by omitting " section 45 , section 46 , section 47 (1) or (3) or section 55 of the Poisons Act 1971 " from the definition of serious narcotics offence and substituting " Part 2 of the Misuse of Drugs Act 2001 ". 1. Section 17(1) is amended by inserting ", under the Misuse of Drugs Act 2001 " after "this Act". 1. Section 46(1)(c) is amended by inserting "or the Misuse of Drugs Act 2001 " after " Poisons Act 1971 ". 2. Clause 8(1)(g) of Schedule 1 is amended by inserting " Misuse of Drugs Act 2001 or" after "the". 1. Section 3 is amended by inserting " Misuse of Drugs Act 2001 or" after "the " in paragraph (c) of the definition of serious offence . 1. Section 3(1) is amended by omitting the definition of drug and substituting the following definition: drug means – (a) a scheduled substance within the meaning of the Poisons Act 1971 ; or (b) a controlled substance within the meaning of the Misuse of Drugs Act 2001 ; [Second reading presentation speech made in:
House of Assembly on 1 NOVEMBER 2001
Legislative Council on 21 NOVEMBER 2001]