Mutual Recognition (South Australia) (Controlled Substances) Variation Regulations 2017 (SA)

South Australia

Mutual Recognition (South Australia) (Controlled Substances) Variation Regulations 2017

under the Mutual Recognition (South Australia) Act 1993

Contents

Part 1—Preliminary

1            Short title

2            Commencement

3            Variation provisions

Part 2—Variation of Mutual Recognition (South Australia) (Controlled Substances) Regulations 2015

4            Insertion of regulation 6

6            Temporary exemption—certain controlled drugs

Part 1—Preliminary

1—Short title

These regulations may be cited as the Mutual Recognition (South Australia) (Controlled Substances) Variation Regulations 2017.

2—Commencement

These regulations will come into operation on 12 November 2017.

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Mutual Recognition (South Australia) (Controlled Substances) Regulations 2015

4—Insertion of regulation 6

After regulation 5 insert:

6—Temporary exemption—certain controlled drugs

(1)For the purposes of section 5 of the Act and section 15 of the Commonwealth Act—

(a)the substances to which this regulation applies and any preparation containing 1 or more of those substances are declared to be goods to which section 15 of the Commonwealth Act applies; and

(b)the provisions of the Controlled Substances (Controlled Drugs, Precursors and Plants) Regulations 2014 referring to a substance to which this regulation applies (inserted by the Controlled Substances (Controlled Drugs, Precursors and Plants) (Miscellaneous) Variation Regulations 2017) are declared to be a law to which section 15 of the Commonwealth Act applies.

(2)The exemptions from the Commonwealth Act under subregulation (1) have effect for a period of 12 months following the commencement of this regulation.

(3)This regulation applies to the following substances:

(a)acetyl fentanyl;

(b)butyryl fentanyl;

(c)clonazolam;

(d)deschloroetizolam;

(e)N,N-Dialkylaminocyclohexyl alkyl benzamides (not otherwise listed in Schedule 1 of the Controlled Substances (Controlled Drugs, Precursors and Plants) Regulations 2014);

(f)N,N-Dialkylaminocyclohexylmethyl alkyl benzamides (not otherwise listed in Schedule 1 of the Controlled Substances (Controlled Drugs, Precursors and Plants) Regulations 2014);

(g)3,4-dichloro-N-[2-(dimethylamino)cyclohexyl]

-N-methylbenzamide (U-47700);

(h)diclazepam;

(i)fentanyls (not otherwise listed in Schedule 1 of the Controlled Substances (Controlled Drugs, Precursors and Plants) Regulations 2014);

(j)flubromazepam;

(k)flubromazolam;

(l)furanyl fentanyl;

(m)meclonazepam;

(n)nifoxipam;

(o)ocfentanil;

(p)para-fluorobutyryl-fentanyl;

(q)pyrazolam.

Note—

As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor's Deputy

with the advice and consent of the Executive Council

on 7 November 2017

No 306 of 2017

AGO0141/17CS