Narcotic Drugs Act 1967 (Cth)

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Narcotic Drugs Act 1967

No. 53, 1967

Compilation No. 16

Compilation date: 14 October 2024

Includes amendments: Act No. 39, 2024

About this compilation

This compilation

This is a compilation of the Narcotic Drugs Act 1967 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

An Act to make provision in relation to narcotic drugs in accordance with the Single Convention on Narcotic Drugs, 1961, as in force from time to time, and for other purposes

Chapter 1PreliminaryPart 1General provisions 1Short title

This Act may be cited as the Narcotic Drugs Act 1967.

2Commencement

This Act shall come into operation on a date to be fixed by Proclamation, which shall not be a date earlier than the date on which the Convention comes into force in respect of the Commonwealth.

2AObject of this Act

The object of this Act is to give effect to certain of Australia’s obligations under the Single Convention on Narcotic Drugs, 1961, as in force from time to time.

3Simplified outline of this Act

This Act gives effect to certain of Australia’s obligations under the Single Convention on Narcotic Drugs, 1961, as in force from time to time. The Convention, as amended by the 1972 Protocol, is set out in Schedule 1 to this Act.

A licensing and permit scheme regulates the cultivation of cannabis plants, the production of cannabis and cannabis resin, the manufacture of cannabis drugs, and activities relating to such cultivation, production and manufacture. Cultivation and production under the scheme may be undertaken for medicinal or scientific purposes whereas the manufacture of cannabis drugs may be undertaken for a permitted supply.

A separate licensing and permit scheme regulates the manufacture of narcotic drugs covered by the Convention.

Authorised inspectors have monitoring, inspection and enforcement powers under the Regulatory Powers Act to ensure this Act is being complied with. The Secretary has comprehensive powers to give directions to licence holders and former licence holders.

4Interpretation
  1. (1)

    In this Act:

1972 Protocol means the Protocol Amending the Single Convention on Narcotic Drugs, 1961, done at Geneva on 25 March, 1972.

agency of the Commonwealth, a State or a Territory includes the following:

  1. (a)

    the Crown in right of the Commonwealth, a State or a Territory;

  2. (b)

    a Minister of the Commonwealth, a State or a Territory;

  3. (c)

    a Commonwealth, State or Territory government department;

  4. (d)

    an instrumentality of the Commonwealth, a State or a Territory, including a body corporate established for a public purpose by or under a law of the Commonwealth, a State or a Territory;

  5. (e)

    a company in which a controlling interest is held by any one of the following persons, or by 2 or more of the following persons together:

    1. (i)

      the Crown in right of the Commonwealth, a State or a Territory;

    2. (ii)

      a person or body covered by paragraph (b) or (d);

  6. (f)

    a court, tribunal or parole board of the Commonwealth, a State or a Territory.

authorised inspector means a person appointed as an authorised inspector under section 13H.

business associate: 2 or more persons are business associates, in relation to a business, if each person:

  1. (a)

    both:

    1. (i)

      holds a relevant financial interest, or is entitled to exercise a relevant power (whether in his or her own right or on someone else’s behalf), in the business; and

    2. (ii)

      because of that interest or power, is able to exercise a significant influence over, or with respect to, the management or operation of the business; or

  2. (b)

    holds any relevant position (whether in his or her own right or on someone else’s behalf) in the business.

cannabis has the same meaning as in the Convention.

cannabis drug means:

  1. (a)

    cannabis; or

  2. (b)

    cannabis resin; or

  3. (c)

    extracts of cannabis; or

  4. (d)

    tinctures of cannabis; or

  5. (e)

    another drug that includes, or is from, any part of the cannabis plant.

cannabis plant has the same meaning as in the Convention.

cannabis resin has the same meaning as in the Convention.

charge means charge imposed by the Narcotic Drugs (Licence Charges) Act 2016.

civil penalty provision has the same meaning as in the Regulatory Powers Act.

coca leaves has the same meaning as in the Convention.

Collector has the same meaning as in the Customs Act 1901.

Comptroller‑General of Customs means the person who is the Comptroller‑General of Customs in accordance with subsection 11(3) or 14(2) of the Australian Border Force Act 2015.

Convention means the Single Convention on Narcotic Drugs, 1961, done at New York on 30 March 1961, as amended by the Protocol and as in force from time to time.

Note: A copy of the English text of the Convention, as amended and in force at the commencement of section 1 of the Narcotic Drugs Amendment Act 2016, is set out in Schedule 1.

cultivate a cannabis plant includes the following:

  1. (a)

    sow a seed of a cannabis plant;

  2. (b)

    plant, grow, tend, nurture or harvest a cannabis plant;

  3. (c)

    graft, divide or transplant a cannabis plant;

but does not include the separation of cannabis or cannabis resin from a cannabis plant.

decision on review: see subsection 15H(5).

drug means any substance that is a drug for the purposes of the Convention, and includes the following:

  1. (a)

    any substance prescribed by the regulations for the purposes of this paragraph;

  2. (b)

    any substance prescribed by the regulations under section 8 of this Act.

fit and proper person: see sections 8A and 8B.

guidelines means guidelines issued by the Minister under section 26C.

handling includes stacking, stowing, storing, transporting, loading, unloading and any operation incidental to, or arising out of, any of those operations.

head of an agency means:

  1. (a)

    if the agency is a court—the registrar (however described) of the court; or

  2. (b)

    otherwise—the principal officer (however described) of the agency.

internal reviewer: see subsection 15H(1).

issuing officer means:

  1. (a)

    a Judge of a court created by the Parliament; or

  2. (b)

    a Deputy President of the Administrative Review Tribunal; or

  3. (c)

    a senior member or general member of the Administrative Review Tribunal who:

    1. (i)

      is enrolled as a legal practitioner of the High Court, or the Supreme Court of a State or Territory; and

    2. (ii)

      has been so enrolled for at least 5 years.

law enforcement agency means the following:

  1. (a)

    a body, agency or organisation that is responsible for, or deals with, law enforcement, criminal intelligence, criminal investigation, fraud or security intelligence in, or in a part of, Australia;

  2. (b)

    a body, agency or organisation prescribed by the regulations.

licence means:

  1. (a)

    a manufacture licence; or

  2. (b)

    a medicinal cannabis licence.

licensed premises means premises at which activities authorised under a licence take place.

manufacture licence: see subsection 11G(1).

manufacture permit: see subsection 12(1).

medicinal cannabis licence: see subsection 8E(1).

medicinal cannabis permit: see subsection 8P(1).

narcotic drug means a drug other than a cannabis drug.

narcotic preparation means any mixture, whether solid or liquid, that contains a drug.

offence against this Act includes an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act.

opium has the same meaning as in the Convention.

permit means:

  1. (a)

    a manufacture permit; or

  2. (b)

    a medicinal cannabis permit.

permitted supply means:

  1. (a)

    the supply of a cannabis drug for use in a clinical trial that is, or is likely to be, approved under the Therapeutic Goods Act 1989 or notified to the Secretary under that Act; or

  2. (b)

    the supply of a cannabis drug in accordance with an approval or authority under that Act; or

  3. (c)

    the supply of a cannabis drug for use in medical or scientific research where that research:

    1. (i)

      is not a clinical trial of a kind referred to in paragraph (a); and

    2. (ii)

      does not involve the drug being administered to humans; or

  4. (d)

    the supply of a cannabis drug for use as a reference standard for medical or scientific testing purposes; or

  5. (e)

    the supply of a cannabis drug in circumstances prescribed by the regulations.

premises includes the following:

  1. (a)

    a structure or building;

  2. (b)

    a vehicle, vessel or aircraft;

  3. (c)

    an area of land or any other place (whether or not enclosed or built on), including a place situated underground or under water;

  4. (d)

    a part of a thing referred to in paragraph (a), (b) or (c).

production has the same meaning as in the Convention.

Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.

relative of a person includes a spouse, parent, step‑parent, child, step‑child, adopted child, sibling or step‑sibling of the person.

relevant court means:

  1. (a)

    the Federal Court of Australia; or

  2. (b)

    the Federal Circuit and Family Court of Australia (Division 2); or

  3. (c)

    a court of a State or Territory that has jurisdiction in relation to matters arising under this Act.

relevant financial interest, in relation to a business, means:

  1. (a)

    a share in the capital of the business; or

  2. (b)

    an entitlement to receive any income derived from the business.

relevant position, in relation to a business, means a position (however described) of director, partner, trustee, manager or other executive position, or secretary.

relevant power, in relation to a business, means any power, whether exercisable by voting or otherwise and whether exercisable alone or in association with others:

  1. (a)

    to participate in any directorial, managerial or executive decision of the business; or

  2. (b)

    to elect or appoint any person to any relevant position in relation to the business.

reviewable decision: see section 15E.

Secretary means the Secretary of the Department administered by the Minister administering the National Health Act 1953.

sensitive law enforcement information means information the disclosure of which is reasonably likely to prejudice Australia’s law enforcement interests, including Australia’s interests in the following:

  1. (a)

    avoiding disruption to national and international efforts relating to law enforcement, criminal intelligence, criminal investigation, foreign intelligence, security intelligence or the integrity of law enforcement agencies;

  2. (b)

    protecting the technologies and methods used to collect, analyse, secure or otherwise deal with, criminal intelligence, foreign intelligence, security intelligence or intelligence relating to the integrity of law enforcement agencies;

  3. (c)

    the protection and safety of:

    1. (i)

      informants or witnesses, or persons associated with informants or witnesses; or

    2. (ii)

      persons involved in the protection or safety of informants or witnesses;

  4. (d)

    ensuring that intelligence and law enforcement agencies are not discouraged from giving information to a nation’s government and government agencies.

serious offence means the following:

  1. (a)

    an offence against a law of the Commonwealth, a State, a Territory or another country that:

    1. (i)

      involves dishonesty, fraud or cultivation of, or trafficking in, drugs; and

    2. (ii)

      is punishable by a maximum penalty of imprisonment for not less than 3 months;

  2. (b)

    an offence against a law of the Commonwealth, a State, a Territory or another country that is punishable by a maximum penalty of imprisonment for not less than 5 years.

spouse of a person includes:

  1. (a)

    another person (whether of the same sex or a different sex) with whom the person is in a relationship that is registered under a law of a State or Territory prescribed for the purposes of section 2E of the Acts Interpretation Act 1901 as a kind of relationship prescribed for the purposes of that section; and

  2. (b)

    another person who, although not legally married to the person, lives with the person on a genuine domestic basis in a relationship as a couple.

standards means standards issued by the Minister under section 26B.

supply includes the following, whether free of charge or otherwise:

  1. (a)

    supply by way of sale, exchange, gift, lease, loan, hire or hire‑purchase;

  2. (b)

    supply by way of sample;

  3. (c)

    supply in the course of testing safety or efficacy;

  4. (d)

    supply by way of administration to, or application in the treatment of, a person.

this Act includes:

  1. (a)

    instruments made under this Act;

  2. (b)

    the Regulatory Powers Act as it applies because of this Act.

  1. (2)

    For the purposes of this Act, the manufacturing of a drug consists of the carrying out of any process by which the drug may be obtained, and includes the refining of a drug and the transformation of one drug into another drug, but does not include the separation of opium, coca leaves, cannabis or cannabis resin from the plants from which it is or they are obtained.

5Crown to be bound
  1. (1)

    This Act binds the Crown in each of its capacities.

  2. (2)

    This Act does not make the Crown liable to be prosecuted for an offence.

6Extension to external Territories

This Act extends to every external Territory.

7Inconsistency with State and Territory laws

This Act, regulations under this Act and directions given under this Act do not apply to the exclusion of any law of a State or Territory or any regulation in force under an Act except in so far as that law or that regulation is inconsistent with an express provision of this Act, those regulations or those directions.

7AInteraction with State and Territory laws

(1) Despite section 7, Chapter 2 of this Act, and other provisions of this Act so far as they relate to that Chapter, apply to the exclusion of a law, or a provision of a law, of a State or a Territory to the extent that the law or provision purports (whether expressly or impliedly) to do one or more of the following:

  1. (a)

    provide for the grant of a licence (however described) authorising the cultivation of cannabis plants for the purposes of producing cannabis or cannabis resin for medicinal or scientific purposes, or otherwise authorise such cultivation;

  2. (b)

    provide for the grant of a licence (however described) authorising the production of cannabis or cannabis resin for medicinal or scientific purposes, or otherwise authorise such production;

  3. (c)

    prohibit an activity, or prevent a person from engaging in an activity, that:

    1. (i)

      is authorised under that Chapter or another provision of this Act so far as it relates to that Chapter; and

    2. (ii)

      is, or is related to, the cultivation of cannabis plants or the production of cannabis or cannabis resin.

  1. (2)

    Subsection (1) does not apply to a law, or a provision of a law, prescribed by the regulations for the purposes of this subsection.

  2. (3)

    Regulations made for the purposes of subsection (2) may prescribe a law, or a provision of a law, in relation to its operation in prescribed circumstances.

8Provisional application of Act to substances

Where the Commission on Narcotic Drugs of the Economic and Social Council of the United Nations decides, in accordance with paragraph 3 of Article 3 of the Convention, that the Parties to the Convention shall apply provisionally to a substance all measures of control applicable to drugs in Schedule I annexed to the Convention, the regulations may provide that the substance is a drug for the purposes of this Act.

Part 2Fit and proper person requirements 8AMatters to be taken into account in deciding whether a natural person is a fit and proper person

Without limiting the matters to which the Secretary may have regard in deciding whether a natural person is a fit and proper person to hold a licence, or to be associated with the holder of a licence, the Secretary may have regard to the following:

  1. (a)

    any conviction of the person for an offence against a law of the Commonwealth, a State or a Territory;

  2. (b)

    any civil penalty (however described) imposed upon the person under a law of the Commonwealth, a State or a Territory;

  3. (c)

    any revocation or suspension of a licence or permit (however described) held by the person under a law of the Commonwealth, a State, a Territory or another country, being a law relating to the prohibition or regulation of drugs;

  4. (d)

    the connections and associations that the person has with other persons (including but not limited to the person’s relatives);

  5. (e)

    the person’s previous business experience;

  6. (f)

    the capacity of the person to comply with conditions of the licence;

  7. (g)

    whether the person has a sound and stable financial background or is in financial circumstances that may significantly limit the person’s capacity to comply with his or her obligations under a licence;

  8. (h)

    whether the person is of good repute, having regard to matters going to their character, honesty and professional and personal integrity;

  9. (i)

    the person’s history of compliance with this Act.

Note: The Secretary must refuse to grant a licence to a person if the Secretary is not satisfied on reasonable grounds that the person and his or her business associates are fit and proper, and must revoke the licence if satisfied on reasonable grounds that they are not fit and proper.

8BMatters to be taken into account in deciding whether a body corporate is a fit and proper person

Without limiting the matters to which the Secretary may have regard in deciding whether a body corporate is a fit and proper person to hold a licence, or to be associated with the holder of a licence, the Secretary may have regard to the following:

  1. (a)

    any conviction of the body corporate for an offence against a law of the Commonwealth, a State or a Territory;

  2. (b)

    any civil penalty (however described) imposed upon the body corporate under a law of the Commonwealth, a State or a Territory;

  3. (c)

    if there is such a conviction or imposition of a civil penalty upon the body corporate:

    1. (i)

      whether the offence concerned was committed, or the conduct to which the civil penalty relates occurred, at a time when any person who is presently a director or officer of the body corporate was a director or officer; and

    2. (ii)

      whether the offence concerned was committed, or the conduct to which the civil penalty relates occurred, at a time when any shareholder of the body corporate who is presently in a position to influence the management of the body corporate was such a shareholder;

  4. (d)

    any revocation or suspension of a licence or permit (however described) held by the body corporate under a law of the Commonwealth, a State, a Territory or another country, being a law relating to the prohibition or regulation of drugs;

  5. (e)

    the connections and associations that the body corporate, and its directors and officers, have with other persons (including but not limited to relatives of such directors and officers);

  6. (f)

    the previous business experience of the directors and officers of the body corporate, and of the shareholders of the body corporate who are presently in a position to influence the management of the body corporate;

  7. (g)

    whether the body corporate has a sound and stable financial background or is in financial circumstances that may significantly limit the capacity of the body corporate to comply with its obligations under a licence;

  1. (h)

    the capacity of the body corporate to meet the conditions of the licence;

  2. (i)

    whether the directors and officers of the body corporate are of good repute, having regard to matters going to their character, honesty and professional and personal integrity;

  3. (j)

    the body corporate’s history of compliance with this Act.

Note: The Secretary must refuse to grant a licence to a person if the Secretary is not satisfied on reasonable grounds that the person and his or her business associates are fit and proper, and must revoke the licence if satisfied on reasonable grounds that they are not fit and proper.

8CAct does not affect spent conviction provisions

Nothing in this Act affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them).

Chapter 2Medicinal cannabis licences and permitsPart 1Introduction 8DSimplified outline of this Chapter

This Chapter deals with medicinal cannabis licences and medicinal cannabis permits.

A medicinal cannabis licence may authorise one or more of the following activities:

  1. (a)

    the cultivation of cannabis plants for the purpose of producing cannabis or cannabis resin for medicinal or scientific purposes and, if appropriate, the obtaining of cannabis plants for the purpose of such cultivation;

  2. (b)

    the production of cannabis or cannabis resin for medicinal or scientific purposes;

  3. (c)

    the manufacture of a cannabis drug for one or more permitted supplies;

  4. (d)

    activities relating to such obtaining, cultivation, production or manufacture.

Before a licence holder can engage in any such activities, the licence holder must obtain a medicinal cannabis permit. Medicinal cannabis permits specify matters relating to the activities that are authorised by the licence.

Certain conditions are imposed on all medicinal cannabis licences, and the Secretary may also impose additional conditions.

Medicinal cannabis licences and permits can be varied or revoked in certain circumstances.

There are offences and civil penalties relating to the cultivation and obtaining of cannabis plants, the production of cannabis and cannabis resin and the manufacture of cannabis drugs.

8DAPurpose of this Chapter

A purpose of this Chapter is to enable the following activities to be undertaken in order to ensure that medicinal cannabis products are available to patients in Australia for therapeutic purposes:

  1. (a)

    the cultivation and obtaining of cannabis plants for the purposes of producing cannabis or cannabis resin for medicinal or scientific purposes;

  2. (b)

    the production of cannabis or cannabis resin for medicinal or scientific purposes;

  3. (c)

    the manufacture of a cannabis drug for a permitted supply.

Part 2Licences and permitsDivision 1Medicinal cannabis licences and permits8EPerson may apply for a medicinal cannabis licence
  1. (1)

    A person may apply to the Secretary for a licence (a medicinal cannabis licence) that authorises one or more of the following activities:

    1. (a)

      the cultivation of cannabis plants, in accordance with one or more medicinal cannabis permits, for the purpose of producing cannabis or cannabis resin for medicinal or scientific purposes and, if appropriate, the obtaining of cannabis plants for the purpose of such cultivation;

    2. (b)

      the production of cannabis or cannabis resin for medicinal or scientific purposes, in accordance with one or more medicinal cannabis permits;

    3. (c)

      the manufacture of a cannabis drug for one or more permitted supplies, in accordance with one or more medicinal cannabis permits;

    4. (d)

      activities relating to such obtaining, cultivation, production or manufacture, including but not limited to the following (as applicable):

      1. (i)

        the supply of cannabis plants or a cannabis drug;

      2. (ii)

        the packaging, transport, storage, possession and control of cannabis plants or a cannabis drug;

      3. (iii)

        the taking of samples from cannabis plants or a cannabis drug and the testing of such samples;

      4. (iv)

        the disposal or destruction of cannabis plants or a cannabis drug.

  2. (2)

    The application must be made in the form or manner approved in writing by the Secretary, and must:

    1. (a)

      contain the information (if any) prescribed by the regulations; and

    2. (b)

      contain the information (if any) specified in writing by the Secretary; and

    3. (c)

      be accompanied by the documents (if any) prescribed by the regulations; and

    4. (d)

      be accompanied by the documents (if any) specified in writing by the Secretary.

    Note: The Secretary may also require additional information and documents from the applicant at any time: see subsection 14J(1).

  3. (3)

    The application must be accompanied by the application fee (if any) prescribed by the regulations.

  4. (4)

    The application may be withdrawn at any time before a decision is made on the application, but the application fee is not refundable.

8FSecretary must make a decision on an application for a medicinal cannabis licence
  1. (1)

    If a person has made an application for a medicinal cannabis licence, the Secretary must decide whether to grant, or refuse to grant, the licence.

  2. (2)

    The Secretary may, subject to sections 8G and 8J, grant a medicinal cannabis licence if the Secretary considers it appropriate in all the circumstances to do so.

  3. (3)

    For the purposes of deciding whether to grant, or refuse to grant, a medicinal cannabis licence, the Secretary:

    1. (a)

      must have regard to the following:

      1. (i)

        the information and documents provided by the applicant;

      2. (ii)

        any advice, information or documents received in response to a request or requirement under section 14J, 14K or 14L including, in particular, any advice provided by an agency of a State or Territory in which any activities proposed to be authorised by the licence will take place;

      3. (iii)

        any other matter prescribed by the regulations; and

    2. (b)

      may have regard to any other matter relating to the conduct of activities authorised by the licence or the distribution, use and possession of:

      1. (i)

        cannabis plants cultivated or obtained under the licence; or

      2. (ii)

        cannabis or cannabis resin produced under the licence; or

      3. (iii)

        a cannabis drug manufactured under the licence; and

    3. (c)

      may have regard to any other matter the Secretary considers relevant; and

    4. (d)

      may require the applicant to provide access to premises at which activities proposed to be authorised by the licence will take place, for the purposes of inspecting the premises.

    Note: The Secretary must have regard to any applicable guidelines (see subsection 26C(2)).

8GGeneral circumstances in which Secretary must refuse to grant a medicinal cannabis licence
  1. (1)

    The Secretary must refuse to grant a medicinal cannabis licence if:

    1. (a)

      the Secretary is not satisfied on reasonable grounds that:

      1. (i)

        the applicant is a fit and proper person to hold the licence; and

      2. (ii)

        each of the applicant’s relevant business associates for the application (see subsection (2)), whether in relation to a business relating to the medicinal cannabis licence, or in relation to any other business, is a fit and proper person to be associated with the holder of a medicinal cannabis licence; or

    2. (b)

      subject to section 8H—the Secretary is satisfied on reasonable grounds that:

      1. (i)

        the applicant; or

      2. (ii)

        if the applicant is a body corporate, any of the directors of the body corporate;

    has engaged in conduct that constitutes a serious offence during the 10 years immediately before the date of the application; or

    1. (c)

      the Secretary is satisfied on reasonable grounds that the grant of the licence would not be consistent with Australia’s obligations under the Convention; or

    2. (d)

      the Secretary is not satisfied on reasonable grounds that the applicant will take all reasonable measures to ensure the physical security of cannabis plants or cannabis drugs that:

      1. (i)

        are in the applicant’s possession or control; and

      2. (ii)

        are obtained, cultivated, produced or manufactured under, or purportedly under, the licence; or

    3. (e)

      the Secretary is not satisfied on reasonable grounds of the suitability of the location, facilities or proposed security arrangements at the premises where activities authorised by the licence will take place; or

    4. (ea)

      the Secretary is not satisfied on reasonable grounds that applicable standards have been or will be met, as the case requires; or

    5. (f)

      the Secretary is satisfied on reasonable grounds that one or more circumstances exist that are prescribed by the regulations as circumstances in which a licence must not be granted; or

    6. (g)

      the application fee (if any), or any other fee that has become payable, has not been paid; or

    7. (ga)

      the Secretary is satisfied on reasonable grounds that the application for the licence contains information, or information has been given by the applicant in relation to the application, that:

      1. (i)

        is false or misleading in a material particular; or

      2. (ii)

        omits any matter or thing without which the application is misleading in a material respect; or

    8. (h)

      the applicant has not complied with a requirement under subsection 14J(1) (additional information) in relation to the application.

Relevant business associate

  1. (2)

    A business associate of an applicant is a relevant business associate for the application if the Secretary considers it is reasonable, in the circumstances of the application, to take that business associate into account.

8HException in special circumstances

Paragraph 8G(1)(b) does not prevent the Secretary from granting a medicinal cannabis licence if the Secretary is satisfied:

  1. (a)

    that the conduct referred to in that paragraph:

    1. (i)

      constitutes a serious offence solely because it involves the cultivation or obtaining of the cannabis plant, or the production or supply of cannabis or cannabis resin or of products containing cannabis or cannabis resin; and

    2. (ii)

      was fully disclosed in the application; and

  2. (b)

    that if the licence were granted, the applicant could comply with all the requirements of the licence and this Act.

However, this section does not require the Secretary to grant the licence even if the Secretary is so satisfied.

8JParticular circumstances in which Secretary must refuse to grant a medicinal cannabis licence that authorises the manufacture of a cannabis drug

The Secretary must refuse to grant a medicinal cannabis licence that authorises the manufacture of a cannabis drug unless the Secretary is satisfied on reasonable grounds that the drug will be manufactured for a permitted supply.

8KSecretary may impose conditions

If the Secretary decides to grant a medicinal cannabis licence, the Secretary may impose conditions to which the licence is subject including, but not limited to, conditions relating to matters set out in section 10D.

Note 1: For requirements for a notice of a decision to impose conditions on a medicinal cannabis licence, see section 15F.

Note 2: Conditions are also specified in this Act (see sections 10E to 10K), and may also be prescribed by the regulations (see paragraph 10C(b)).

8LNotification of decision

If the Secretary decides to grant a medicinal cannabis licence, the Secretary must, as soon as practicable:

  1. (a)

    notify the applicant for the licence, in writing, of the Secretary’s decision; and

  2. (b)

    provide a copy of the licence, specifying the matters as mentioned in section 8M, to the applicant.

Note: For requirements for a notice of a decision to refuse to grant a medicinal cannabis licence, see section 15F.

8MMatters to be specified in a medicinal cannabis licence

A medicinal cannabis licence must specify the following:

  1. (a)

    the name of the licence holder;

  2. (b)

    the activities authorised by the licence, and the extent to which those activities are authorised only in accordance with one or more medicinal cannabis permits held by the licence holder;

  3. (c)

    for each of the following activities that are authorised by the licence, the premises at which the activity is authorised by the licence in accordance with one or more medicinal cannabis permits:

    1. (i)

      the obtaining and cultivation of cannabis plants;

    2. (ii)

      the production of cannabis or cannabis resin;

    3. (iii)

      the manufacture of a cannabis drug;

  4. (d)

    the premises at which other activities relating to such obtaining, cultivation, production or manufacture is authorised by the licence;

  5. (da)

    if the licence authorises the cultivation of cannabis plants—the extent of the land on which the cultivation of cannabis plants is authorised by the licence in accordance with one or more medicinal cannabis permits;

  6. (e)

    the persons prescribed by the regulations as the persons who are authorised by the licence to engage in the activities authorised by the licence;

  7. (f)

    the conditions (if any) imposed by the Secretary under section 8K;

(g) the day on which the licence comes into force;

  1. (h)

    if the licence is to be in force for a specified period—that period;

  2. (i)

    that the Secretary may, in accordance with section 15, require the destruction of any of the following that are in the possession of, or under the control of, the licence holder:

    1. (i)

      cannabis plants;

    2. (ii)

      a cannabis drug;

    3. (iii)

      a narcotic preparation that contains such a drug;

  3. (j)

    if the licence authorises the manufacture of a cannabis drug for one or more permitted supplies—those permitted supplies.

8NPeriod for which a medicinal cannabis licence is in force
  1. (1)

    If a medicinal cannabis licence is revoked under subsection 10P(1) or (2), the licence ceases to be in force on the day specified in the notice given under that subsection revoking the licence.

  2. (2)

    If:

    1. (a)

      a medicinal cannabis licence is surrendered in accordance with regulations made for the purposes of section 11A; and

    2. (b)

      as a result of that surrender, the licence is to cease to be in force on a particular day, or at a particular time, under those regulations;

the licence ceases to be in force on that day, or at that time, unless it ceases to be in force under subsection (1) of this section on an earlier day.

  1. (3)

    If a medicinal cannabis licence specifies a period during which the licence is to remain in force, the licence ceases to be in force at the end of that period unless it ceases to be in force under subsection (1) or (2) on an earlier day or at an earlier time.

8PHolder of a medicinal cannabis licence may apply for a medicinal cannabis permit
  1. (1)

    The holder of a medicinal cannabis licence may apply for a permit (a medicinal cannabis permit) in relation to activities that are authorised by the licence only in accordance with such a permit.

  2. (2)

    The application must be made in the form or manner approved in writing by the Secretary, and must:

    1. (a)

      contain the information (if any) prescribed by the regulations; and

    2. (b)

      contain the information (if any) specified in writing by the Secretary; and

    3. (c)

      be accompanied by the documents (if any) prescribed by the regulations; and

    4. (d)

      be accompanied by the documents (if any) specified in writing by the Secretary.

    Note: The Secretary may also require additional information and documents from the applicant at any time: see subsection 14J(1).

  3. (3)

    The application must be accompanied by the application fee (if any) prescribed by the regulations.

  4. (4)

    The application may be withdrawn at any time before a decision is made on the application, but the application fee is not refundable.

9Secretary must make a decision on an application for a medicinal cannabis permit
  1. (1)

    If a person has made an application for a medicinal cannabis permit, the Secretary must decide whether to grant, or refuse to grant, the permit.

  2. (2)

    The Secretary may, subject to subsections (3) and (4), grant a medicinal cannabis permit if the Secretary considers it appropriate in all the circumstances to do so.

  3. (3)

    The Secretary may refuse to grant a medicinal cannabis permit if the Secretary is satisfied on reasonable grounds that the holder of the medicinal cannabis licence to which the permit relates has breached a condition of the licence.

  4. (4)

    The Secretary must refuse to grant a medicinal cannabis permit if:

    1. (a)

      the application fee (if any) has not been paid; or

    2. (aa)

      the Secretary is not satisfied on reasonable grounds that applicable standards have been or will be met, as the case requires; or

    3. (ab)

      the Secretary is satisfied on reasonable grounds that one or more circumstances exist that are prescribed by the regulations as circumstances in which a permit must not be granted; or

    4. (ac)

      the Secretary is satisfied on reasonable grounds that the application for the permit contains information, or information has been given by the applicant in relation to the application, that:

      1. (i)

        is false or misleading in a material particular; or

      2. (ii)

        omits any matter or thing without which the application is misleading in a material respect; or

    5. (b)

      the applicant has not complied with a requirement under subsection 14J(1) (additional information) in relation to the application; or

    6. (c)

      if the application for the permit relates to a medicinal cannabis licence that authorises the cultivation of cannabis plants but does not authorise the production of cannabis or cannabis resin—the Secretary is not satisfied on reasonable grounds that the cultivation of the cannabis plants is:

      1. (i)

        for the purposes of supply to the holder of a medicinal cannabis licence that authorises such production; or

      2. (ii)

        for a purpose prescribed by the regulations; or

    7. (d)

      if the application for the permit relates to a medicinal cannabis licence that authorises the production of cannabis or cannabis resin but does not authorise the manufacture of a cannabis drug—the Secretary is not satisfied on reasonable grounds that the production of the cannabis or cannabis resin is:

      1. (i)

        for the purposes of supply to another holder of a medicinal cannabis licence that authorises such manufacture; or

      2. (ii)

        for a purpose prescribed by the regulations.

    Note: The Secretary must have regard to any applicable guidelines (see subsection 26C(2)).

  5. (5)

    For the purposes of deciding whether to grant, or refuse to grant, a medicinal cannabis permit, the Secretary may require the applicant to provide access to premises at which activities authorised by the medicinal cannabis licence to which the permit relates will take place, for the purposes of inspecting the premises.

9ANotification of decision

If the Secretary decides to grant a medicinal cannabis permit that relates to a medicinal cannabis licence, the Secretary must, as soon as practicable:

  1. (a)

    notify the licence holder, in writing, of the Secretary’s decision; and

  2. (b)

    provide a copy of the permit, specifying the matters as mentioned in section 9B, to the licence holder.

Note: For requirements for a notice of a decision to refuse to grant a medicinal cannabis permit, see section 15F.

9BMatters to be specified in a medicinal cannabis permit

Medicinal cannabis permits—cultivation

  1. (1)

    Without limiting the matters that the Secretary may specify in a medicinal cannabis permit that relates to a medicinal cannabis licence that authorises the cultivation of cannabis plants, the Secretary may specify one or more of the following that are authorised by the licence in accordance with the permit:

    1. (a)

      the types and strains of cannabis plants that may be cultivated;

    2. (b)

      the maximum size of the cannabis crop that may be cultivated;

    3. (c)

      the maximum number of cannabis plants that, in the opinion of the Secretary, having regard to Australia’s obligations under the Convention, it is necessary for the licence holder to have in the holder’s possession or control at any time for the normal conduct of business;

    4. (d)

      the period during which cannabis plants may be cultivated;

    5. (e)

      the day on which the permit comes into force;

    6. (ea)

      if the permit is to be in force for a specified period—that period;

    7. (f)

      any matter prescribed by the regulations.

    Note: Section 10J provides that (in general) it is a condition of a medicinal cannabis licence that certain contracts are in force while a medicinal cannabis permit is in force.

Medicinal cannabis permits—production

  1. (2)

    Without limiting the matters that the Secretary may specify in a medicinal cannabis permit that relates to a medicinal cannabis licence that authorises the production of cannabis or cannabis resin, the Secretary may specify one or more of the following that are authorised by the licence in accordance with the permit:

    1. (a)

      the maximum quantity of cannabis or cannabis resin that may be produced;

    2. (b)

      the maximum quantity of cannabis or cannabis resin that, in the opinion of the Secretary, having regard to Australia’s obligations under the Convention, it is necessary for the licence holder to have in the holder’s possession or control at any time for the normal conduct of business;

    3. (c)

      the period during which the cannabis or cannabis resin may be produced;

    4. (d)

      the day on which the permit comes into force;

    5. (da)

      if the permit is to be in force for a specified period—that period;

    6. (e)

      any matter prescribed by the regulations.

    Note: Section 10J provides that (in general) it is a condition of a medicinal cannabis licence that certain contracts are in force while a medicinal cannabis permit is in force.

Medicinal cannabis permits—manufacture

  1. (3)

    Without limiting the matters that the Secretary may specify in a medicinal cannabis permit that relates to a medicinal cannabis licence that authorises the manufacture of a cannabis drug, the Secretary may specify one or more of the following that are authorised by the licence in accordance with the permit:

    1. (a)

      the maximum quantity of the cannabis drug that may be manufactured at premises specified in the permit;

    2. (b)

      the maximum quantity of the cannabis drug that, in the opinion of the Secretary, having regard to prevailing market conditions, it is necessary for the licence holder to have in the holder’s possession or control at any time for the normal conduct of business;

    3. (c)

      the period during which the cannabis drug may be manufactured;

    4. (d)

      the day on which the permit comes into force;

    5. (e)

      if the permit is to be in force for a specified period—that period;

    6. (f)

      any matter prescribed by the regulations.

9CPeriod for which a medicinal cannabis permit is in force
  1. (1)

    If a medicinal cannabis permit is revoked under subsection 10P(2), the permit ceases to be in force on the day specified in the notice given under that subsection revoking the permit.

  2. (2)

    If a medicinal cannabis permit is taken to be revoked under subsection 10P(4), the permit ceases to be in force at the time referred to in that subsection.

  3. (3)

    If:

    1. (a)

      a medicinal cannabis permit is surrendered in accordance with regulations made for the purposes of section 11A; and

    2. (b)

      as a result of that surrender, the permit is to cease to be in force on a particular day, or at a particular time, under those regulations;

the permit ceases to be in force on that day, or at that time, unless it ceases to be in force under subsection (1) or (2) of this section on an earlier day or at an earlier time.

  1. (4)

    If a medicinal cannabis permit specifies a period during which the permit is to remain in force, the permit ceases to be in force at the end of that period unless it ceases to be in force under subsection (1), (2) or (3) on an earlier day or at an earlier time.

Division 3Conditions of medicinal cannabis licences10CMedicinal cannabis licence is subject to conditions

A medicinal cannabis licence is subject to the following conditions:

  1. (a)

    the conditions set out in sections 10E to 10K;

  2. (b)

    the conditions (if any) prescribed by the regulations;

  3. (c)

    the conditions (if any) imposed by the Secretary (see sections 8K, 10D and 10M).

10DConditions that may be prescribed or imposed
  1. (1)

    The conditions of a medicinal cannabis licence that may be prescribed or imposed may relate to, but are not limited to, the following:

    1. (a)

      matters relating to the activities authorised by the licence, including activities authorised in accordance with a permit;

    2. (b)

      the supply, delivery, dealing in any way with, transportation and disposal of:

      1. (i)

        cannabis plants cultivated or obtained under the licence in accordance with a permit; or

      2. (ii)

        cannabis or cannabis resin produced under the licence in accordance with a permit; or

      3. (iii)

        a cannabis drug manufactured under the licence in accordance with a permit;

    3. (c)

      the use of names or symbols that may suggest or imply a particular effect upon humans of a cannabis drug or a narcotic preparation that contains such a drug, but not so as to prevent the specification of factual material;

    4. (d)

      waste disposal;

    5. (e)

      the destruction of cannabis plants, parts of cannabis plants, cannabis drugs, narcotic preparations that contain such a drug or by‑products of cannabis drugs or such narcotic preparations, including the specification of the circumstances in which:

      1. (i)

        destruction must not occur without the Secretary’s permission; or

      2. (ii)

        destruction must occur;

    6. (f)

      documentation and record‑keeping in respect of activities to which the licence relates;

    7. (g)

      facilities and containment in respect of the cultivation, production or manufacture authorised by the licence, including requirements relating to the following:

      1. (i)

        the security of premises;

      2. (ii)

        the certification of premises or facilities to specified containment levels;

    8. (h)

      the safety, security and surveillance of premises;

    9. (i)

      access to premises on which activities authorised by the licence are, are to be, or have been, undertaken;

    10. (j)

      measures to manage risks posed to the health and safety of people, or to the environment;

    11. (k)

      data collection, including studies to be conducted;

    12. (l)

      information that is to be provided, whether on request by the Secretary, on a regular basis or on the occurrence of a particular event, and the times at which, or periods within which, such information is to be provided;

    13. (m)

      the taking of samples of any thing to which the licence relates and the removal and testing of such samples;

    14. (n)

      auditing and reporting;

    15. (o)

      actions to be taken in case of loss, theft, spoilage or destruction (however occurring) of:

      1. (i)

        cannabis plants cultivated or obtained under, or purportedly under, the licence; or

      2. (ii)

        cannabis or cannabis resin produced under, or purportedly under, the licence; or

      3. (iii)

        a cannabis drug manufactured under, or purportedly under, the licence; or

      4. (iv)

        a narcotic preparation that contains such a drug;

    16. (p)

      compliance with a code of practice;

    17. (q)

      contingency planning;

    18. (r)

      matters relating to the employment of staff or the engagement of contractors;

    19. (s)

      advertising to the public by the licence holder in relation to cannabis plants, a cannabis drug or a narcotic preparation that contains such a drug;

    20. (t)

      the labelling of a cannabis drug.

  2. (2)

    The conditions of a medicinal cannabis licence that authorises the cultivation of cannabis plants, or the production of cannabis or cannabis resin, may include conditions requiring the licence holder to be adequately insured against any loss, damage, or injury that may be caused to human health, property or the environment by activities undertaken under (or purportedly under) the licence.

10ECondition that medicinal cannabis licence holder inform people of obligations
  1. (1)

    It is a condition of a medicinal cannabis licence that the licence holder inform any person authorised by the licence:

    1. (a)

      to engage in the obtaining or cultivation of cannabis plants, or activities related to such obtaining or cultivation; or

    2. (b)

      to engage in the production of cannabis or cannabis resin, or activities related to such production; or

    3. (ba)

      to engage in the manufacture of a cannabis drug, or activities related to such manufacture;

of the following:

  1. (c)

    each condition that is relevant to that person, including each variation or revocation of such a condition;

  2. (d)

    the revocation of the licence and of any permit that relates to the licence and is relevant to the person;

  3. (e)

    the giving of one or more directions in relation to the licence under Part 3 of Chapter 5.

  1. (2)

    Requirements in relation to the manner in which information is provided under subsection (1) may be:

    1. (a)

      prescribed by the regulations; or

    2. (b)

      specified by the Secretary.

  2. (3)

    A reference in subsection (1) to:

    1. (a)

      a licence holder; or

    2. (b)

      a person authorised by a medicinal cannabis licence to engage in a particular activity;

is, in the case of the revocation or surrender of the licence, taken to be a reference to a person who was the licence holder, or was so authorised, immediately before the revocation or surrender (as the case may be).

10FCondition that medicinal cannabis licence holder employ or engage suitable staff
  1. (1)

    It is a condition of a medicinal cannabis licence that the licence holder take all reasonable steps not to employ or engage a person to carry out activities authorised by the licence if:

    1. (a)

      the person is aged under 18 years; or

    2. (b)

      the person has been convicted of a serious offence during the period of 5 years before the employment or engagement; or

    3. (c)

      the person is taken not to be suitable to carry out activities authorised by a medicinal cannabis licence under regulations made for the purposes of subsection (2); or

    4. (d)

      the person is included in a class of persons prescribed by the regulations for the purposes of this paragraph.

  2. (2)

    The regulations may prescribe circumstances in which a person is taken not to be suitable to carry out activities authorised by a medicinal cannabis licence, including but not limited to circumstances relating to the following:

    1. (a)

      a person’s criminal record;

    2. (b)

      a person’s employment history.

10GCondition that activities authorised by medicinal cannabis licence are undertaken in accordance with medicinal cannabis permit

It is a condition of a medicinal cannabis licence that an activity authorised by the licence (other than an activity of the kind mentioned in paragraph 8E(1)(d)) is undertaken by the licence holder, or by any other person authorised by the licence to undertake the activity, in accordance with a medicinal cannabis permit.

10HCondition about monitoring and inspection

It is a condition of a medicinal cannabis licence that, if a person is authorised by the licence:

  1. (a)

    to obtain or cultivate cannabis plants, to produce cannabis or cannabis resin or to manufacture a cannabis drug; or

  2. (b)

    to engage in activities relating to such obtaining, cultivation, production or manufacture;

the person allow the Secretary, or a person authorised by the Secretary, to:

  1. (c)

    enter premises at which the person is present and where the obtaining, cultivation, production, manufacture or activity is being undertaken, for the purposes of the following:

    1. (i)

      inspecting or monitoring the obtaining, cultivation, production, manufacture or activity;

    2. (ii)

      checking whether the obtaining, cultivation, production, manufacture or activity is being carried out as authorised by the licence in accordance with a medicinal cannabis permit, and whether licence conditions are being complied with; and

  2. (d)

    take samples of any thing at the premises and remove and test such samples.

10JCondition that medicinal cannabis licence holder be a party to certain contracts

Licence authorising cultivation but not production

  1. (1)

    If, at a particular time:

    1. (a)

      a medicinal cannabis licence authorises the obtaining or cultivation of cannabis plants for the purposes of producing cannabis or cannabis resin, but does not also authorise the production of cannabis or cannabis resin; and

    2. (b)

      a medicinal cannabis permit that relates to such cultivation is in force;

it is a condition of the licence that a contract that deals with matters prescribed by the regulations is in existence between:

  1. (c)

    the holder of the medicinal cannabis licence; and

  2. (d)

    the holder of another medicinal cannabis licence that authorises the production of cannabis or cannabis resin.

Licence authorising production

  1. (2)

    If, at a particular time:

    1. (a)

      a medicinal cannabis licence authorises the production of cannabis or cannabis resin; and

    2. (b)

      a medicinal cannabis permit that relates to such production is in force;

it is a condition of the licence that:

  1. (c)

    a contract that deals with matters prescribed by the regulations is in existence between the holder of the medicinal cannabis licence (the primary licence holder) and another holder of a medicinal cannabis licence that authorises the manufacture of a cannabis drug; or

  2. (d)

    the medicinal cannabis licence of the primary licence holder authorises such manufacture.

  1. (3)

    A contract of a kind referred to in subsection (1) or (2) is not required to be in existence:

    1. (a)

      in the circumstances (if any) prescribed by the regulations; or

    2. (b)

      if the Secretary determines in a particular case that such a contract is not required to be in existence.

10JACondition for medicinal cannabis licence authorising the manufacture of cannabis drugs

It is a condition of a medicinal cannabis licence that authorises the manufacture of a cannabis drug for one or more permitted supplies that the licence holder must not supply the drug other than for those permitted supplies.

10KCondition that licence holder notify the Secretary of certain matters
  1. (1)

    It is a condition of a medicinal cannabis licence that the licence holder notify the Secretary if any of the following matters comes to the attention of the licence holder:

    1. (a)

      a matter that may affect whether the licence holder is a fit and proper person to hold the licence, or whether a business associate of the licence holder (in relation to a business relating to the licence or in relation to any other business) is a fit and proper person to be associated with the holder of such a licence;

    2. (b)

      a breach of the licence;

    3. (c)

      any other matter that may require or permit the Secretary to revoke the licence or a permit to which the licence relates;

    4. (d)

      any matter prescribed by the regulations.

    Note: Section 24B deals with the privilege against self‑incrimination.

  2. (2)

    The licence holder must notify the Secretary of a matter referred to in subsection (1):

    1. (a)

      if the regulations prescribe a period within which the matter must be notified to the Secretary—before the end of that period; or

    2. (b)

      otherwise—as soon as reasonably practicable after the matter comes to the attention of the licence holder.

10LSections 10E to 10K do not limit conditions that may be imposed or prescribed

Sections 10E to 10K do not limit the conditions that may be imposed by the Secretary or prescribed by the regulations.

Division 4Variation and revocation of medicinal cannabis licences and medicinal cannabis permits10MVariation of medicinal cannabis licences and medicinal cannabis permits
  1. (1)

    The Secretary may vary a medicinal cannabis licence, or a medicinal cannabis permit that relates to a medicinal cannabis licence, by notice in writing given to the licence holder:

    1. (a)

      at any time, on the Secretary’s own initiative; or

    2. (b)

      on application by the licence holder.

    Note: For requirements for a notice of a decision under paragraph (1)(a) to vary a medicinal cannabis licence or medicinal cannabis permit, see section 15F.

  2. (2)

    The Secretary may vary a medicinal cannabis licence or a medicinal cannabis permit if the Secretary considers it appropriate in all the circumstances to do so.

  3. (3)

    Despite subsection (2), the Secretary must not vary a medicinal cannabis licence or a medicinal cannabis permit if:

    1. (a)

      the Secretary is satisfied on reasonable grounds that the variation of the licence or permit would not be consistent with Australia’s obligations under the Convention; or

    2. (b)

      the Secretary is satisfied on reasonable grounds that one or more circumstances exist that are prescribed by the regulations as circumstances in which a licence or permit must not be varied; or

    3. (c)

      if an application was made for the variation:

      1. (i)

        the application fee (if any) has not been paid; or

      2. (ii)

        the applicant has not complied with a requirement under subsection 14J(1) (additional information) in relation to the application.

  4. (4)

    Without limiting subsection (1), the Secretary may:

    1. (a)

      vary a medicinal cannabis licence to impose licence conditions or additional licence conditions; or

    2. (b)

      vary a medicinal cannabis licence to remove or vary licence conditions that were imposed by the Secretary under section 8K or this section; or

    3. (c)

      vary a medicinal cannabis licence to extend, modify or reduce the activities authorised by the licence or the persons authorised by the licence to engage in activities authorised by the licence.

  5. (5)

    If the Secretary decides to vary a medicinal cannabis licence or a medicinal cannabis permit to which the licence relates, the Secretary must give the licence or permit as varied to the licence holder.

  6. (6)

    A variation of a medicinal cannabis licence or a medicinal cannabis permit takes effect on the day specified in the notice under subsection (1).

10NApplications for variation of medicinal cannabis licences and medicinal cannabis permits
  1. (1)

    An application for a variation of a medicinal cannabis licence or a medicinal cannabis permit must be in writing, and must:

    1. (a)

      contain the information (if any) prescribed by the regulations; and

    2. (b)

      contain the information (if any) specified in writing by the Secretary; and

    3. (c)

      be accompanied by the documents (if any) prescribed by the regulations; and

    4. (d)

      be accompanied by the documents (if any) specified in writing by the Secretary.

    Note: The Secretary may also require additional information and documents from the applicant at any time: see subsection 14J(1).

  2. (2)

    The application for a variation must be accompanied by the application fee (if any) prescribed by the regulations.

  3. (3)

    The application may be withdrawn at any time before a decision is made on the application, but the application fee is not refundable.

  4. (4)

    If an application has been made for variation of a medicinal cannabis licence or a medicinal cannabis permit, the Secretary may refuse to vary the licence or permit.

    Note: For requirements for a notice of a decision to refuse to vary a medicinal cannabis licence or a medicinal cannabis permit on application, see section 15F.

10PRevocation of medicinal cannabis licence and medicinal cannabis permit
  1. (1)

    The Secretary must, by notice in writing given to the holder of a medicinal cannabis licence, revoke the licence if the Secretary is satisfied on reasonable grounds:

    1. (a)

      that the licence holder, or if the licence holder is a body corporate, any of the directors of the body corporate, has engaged in conduct that constitutes a serious offence since the licence was granted; or

    2. (b)

      that the licence holder is no longer a fit and proper person to hold the licence; or

    3. (c)

      that a relevant business associate of the licence holder is not a fit and proper person (whether in relation to a business relating to the licence or in relation to any other business) to be associated with the holder of a medicinal cannabis licence.

  2. (1A)

    A business associate of a licence holder is a relevant business associate if the Secretary considers it is reasonable, in considering the revocation of the licence, to take that business associate into account.

  3. (2)

    The Secretary may, by notice in writing given to the holder of a medicinal cannabis licence, revoke the licence, or a medicinal cannabis permit that relates to that licence, if the Secretary is satisfied on reasonable grounds:

    1. (a)

      that a condition of the licence has been breached; or

    2. (b)

      that the licence holder has engaged in conduct that constitutes an offence against this Act; or

    3. (c)

      that the licence or permit, as the case requires, was obtained or varied on the basis of information that:

      1. (i)

        was false or misleading in a material particular; or

      2. (ii)

        omitted a matter or thing without which the information was misleading in a material particular; or

    4. (ca)

      that any charge payable in respect of the licence is not paid within 28 days after the due date; or

    5. (d)

      that the continuation in force of the licence or permit, as the case requires, would not be consistent with Australia’s obligations under the Convention; or

    6. (e)

      that the location, facilities or security arrangements at the premises at which activities authorised by the licence take place are not suitable for those activities; or

    7. (f)

      that the licence holder has ceased to carry on all activities authorised by the licence; or

    8. (g)

      that activities authorised by the licence to be undertaken at specified premises by the licence holder or another person have been undertaken by the licence holder or the other person, as the case requires, other than at those premises; or

    9. (ga)

      that applicable standards have not been met; or

    10. (h)

      that the licence holder is not taking all reasonable measures to ensure the physical security of cannabis plants, cannabis drugs or narcotic preparations that contain such a drug in the holder’s possession or control; or

    1. (i)

      that the licence holder has not provided information required by a notice given under subsection 14J(2) within the time specified in the notice; or

    2. (j)

      that circumstances prescribed by the regulations for the purposes of this paragraph exist.

    Note: The Secretary must have regard to any applicable guidelines (see subsection 26C(2)).

  1. (3)

    The revocation of a medicinal cannabis licence or a medicinal cannabis permit takes effect on the day specified in the notice under subsection (1) or (2).

  2. (4)

    If a medicinal cannabis licence is revoked, any medicinal cannabis permit that relates to the licence is taken to be revoked at the time of the revocation of the licence.

    Note: For requirements for a notice of a decision to revoke a medicinal cannabis licence or a medicinal cannabis permit, see section 15F.

11Secretary to notify of proposed revocation
  1. (1)

    Before revoking under section 10P a medicinal cannabis licence, or a medicinal cannabis permit that relates to a medicinal cannabis licence, the Secretary must give written notice of the proposed revocation to the licence holder.

  2. (2)

    A notice under subsection (1) in relation to a medicinal cannabis licence or a medicinal cannabis permit must:

    1. (a)

      state that the Secretary proposes to revoke the licence or permit, as the case requires; and

    2. (aa)

      subject to subsection (5)—state the reasons for the proposed revocation; and

    3. (b)

      invite the licence holder to make a written submission to the Secretary about the proposed revocation.

  3. (3)

    A notice under subsection (1) must specify a period within which the licence holder may make a submission under paragraph (2)(b). The period must not end earlier than 30 days after the day on which the notice was given.

  4. (4)

    In considering whether to revoke a medicinal cannabis licence or a medicinal cannabis permit, the Secretary must have regard to any submission made under paragraph (2)(b).

  5. (5)

    If subsection (1) requires a notice to be given to a licence holder stating the reasons for a proposed revocation as mentioned in paragraph (2)(aa), the Secretary:

    1. (a)

      must not disclose information identified as sensitive law enforcement information under subsection 14LA(1) or (2) in the notice; and

    2. (b)

      if the Secretary relies upon such information in relation to the proposed revocation—must, in the case of information identified under subsection 14LA(1), consult the giver of the information before giving the notice.

11ASuspension or surrender of medicinal cannabis licences and medicinal cannabis permits

The regulations may make provision for and in relation to the suspension or surrender of medicinal cannabis licences and medicinal cannabis permits.

Part 3Offences and civil penalties relating to cannabis plants and cannabis drugs 11BUnauthorised cultivation of cannabis plants etc.
  1. (1)

    A person who is a licence holder contravenes this subsection if:

    1. (a)

      the person obtains or cultivates a cannabis plant for the production of cannabis or cannabis resin, or does a thing in connection with such obtaining or cultivation; and

    2. (b)

      the obtaining or cultivation of the cannabis plant, or the doing of the thing, by the person is not authorised by or under a medicinal cannabis licence.

Fault‑based offence

  1. (2)

    A person commits an offence if the person contravenes subsection (1).

    Note: See section 24A in relation to the physical elements of the offence.

    Penalty: Imprisonment for 10 years, or 600 penalty units, or both.

Strict liability offence

  1. (3)

    A person commits an offence of strict liability if the person contravenes subsection (1).

    Penalty: 60 penalty units.

Civil penalty provision

  1. (4)

    A person is liable to a civil penalty if the person contravenes subsection (1).

    Civil penalty: 1,000 penalty units.

11CBreach of condition of a medicinal cannabis licence – cultivation
  1. (1)

    A person contravenes this subsection if:

    1. (a)

      the person is authorised by a medicinal cannabis licence to cultivate cannabis plants in accordance with a medicinal cannabis permit, or to engage in activities related to such cultivation; and

    2. (b)

      the person breaches a condition of the medicinal cannabis licence; and

    3. (c)

      the condition is not prescribed by the regulations for the purposes of this paragraph.

Fault‑based offence

  1. (2)

    A person commits an offence if the person contravenes subsection (1).

    Note: See section 24A in relation to the physical elements of the offence.

    Penalty: Imprisonment for 10 years, or 600 penalty units, or both.

Strict liability offence

  1. (3)

    A person commits an offence of strict liability if the person contravenes subsection (1).

    Penalty: 60 penalty units.

Civil penalty provision

  1. (4)

    A person is liable to a civil penalty if the person contravenes subsection (1).

    Civil penalty: 1,000 penalty units.

11DUnauthorised production of cannabis or cannabis resin
  1. (1)

    A person who is a licence holder contravenes this subsection if:

    1. (a)

      the person produces cannabis or cannabis resin, or does a thing in connection with such production; and

    2. (b)

      the production of the cannabis or the cannabis resin, or the doing of the thing, by the person is not authorised by or under a medicinal cannabis licence.

Fault‑based offence

  1. (2)

    A person commits an offence if the person contravenes subsection (1).

    Note: See section 24A in relation to the physical elements of the offence.

    Penalty: Imprisonment for 10 years, or 600 penalty units, or both.

Strict liability offence

  1. (3)

    A person commits an offence of strict liability if the person contravenes subsection (1).

    Penalty: 60 penalty units.

Civil penalty provision

  1. (4)

    A person is liable to a civil penalty if the person contravenes subsection (1).

    Civil penalty: 1,000 penalty units.

11EBreach of condition of a medicinal cannabis licence – production
  1. (1)

    A person contravenes this subsection if:

    1. (a)

      the person is authorised by a medicinal cannabis licence to produce cannabis or cannabis resin, in accordance with a medicinal cannabis permit, or to engage in activities related to such production; and

    2. (b)

      the person breaches a condition of the medicinal cannabis licence; and

    3. (c)

      the condition is not prescribed by the regulations for the purposes of this paragraph.

Fault‑based offence

  1. (2)

    A person commits an offence if the person contravenes subsection (1).

    Note: See section 24A in relation to the physical elements of the offence.

    Penalty: Imprisonment for 10 years, or 600 penalty units, or both.

Strict liability offence

  1. (3)

    A person commits an offence of strict liability if the person contravenes subsection (1).

    Penalty: 60 penalty units.

Civil penalty provision

  1. (4)

    A person is liable to a civil penalty if the person contravenes subsection (1).

    Civil penalty: 1,000 penalty units.

11EAUnauthorised manufacture of cannabis drugs

  1. (1)

    A person who is a licence holder contravenes this subsection if:

    1. (a)

      the person manufactures a cannabis drug or does a thing in connection with such manufacture; and

    2. (b)

      the manufacture of the cannabis drug, or the doing of the thing, by the person is not authorised by or under a medicinal cannabis licence.

Fault‑based offence

  1. (2)

    A person commits an offence if the person contravenes subsection (1).

    Note: See section 24A in relation to the physical elements of the offence.

    Penalty: Imprisonment for 10 years, or 600 penalty units, or both.

Strict liability offence

  1. (3)

    A person commits an offence of strict liability if the person contravenes subsection (1).

    Penalty: 60 penalty units.

Civil penalty provision

  1. (4)

    A person is liable to a civil penalty if the person contravenes subsection (1).

    Civil penalty: 1,000 penalty units.

11EBBreach of condition of a medicinal cannabis licence—manufacture

  1. (1)

    A person contravenes this subsection if:

    1. (a)

      the person is authorised by a medicinal cannabis licence to manufacture a cannabis drug, in accordance with a medicinal cannabis permit, or to engage in activities related to such manufacture; and

    2. (b)

      the person breaches a condition of the licence; and

    3. (c)

      the condition is not prescribed by the regulations for the purposes of this paragraph.

Fault‑based offence

  1. (2)

    A person commits an offence if the person contravenes subsection (1).

    Note: See section 24A in relation to the physical elements of the offence.

    Penalty: Imprisonment for 10 years, or 600 penalty units, or both.

Strict liability offence

  1. (3)

    A person commits an offence of strict liability if the person contravenes subsection (1).

    Penalty: 60 penalty units.

Civil penalty provision

  1. (4)

    A person is liable to a civil penalty if the person contravenes subsection (1).

    Civil penalty: 1,000 penalty units.

Chapter 3Licensing the manufacturing of narcotic drugsPart 1Introduction 11FSimplified outline of this Chapter

A manufacture licence may authorise the manufacture of a narcotic drug and activities related to such manufacture.

Before a licence holder can manufacture a narcotic drug, the licence holder must obtain a manufacture permit. Permits deal with matters such as the types and quantities of narcotic drugs that can be manufactured.

Certain conditions are imposed on all manufacture licence holders, and the Secretary may impose additional conditions.

Manufacture licences and manufacture permits can be varied or revoked in certain circumstances.

There are offences and civil penalties relating to the manufacture of narcotic drugs.

Part 2Licences and permitsDivision 1Manufacture licences and permits11GPerson may apply for a manufacture licence
  1. (1)

    A person may apply to the Secretary for a licence (a manufacture licence) that authorises one or more of the following activities:

    1. (a)

      the manufacture of a narcotic drug in accordance with one or more manufacture permits;

    2. (b)

      activities relating to such manufacture, including but not limited to the following (as applicable):

      1. (i)

        the supply of the narcotic drug;

      2. (ii)

        the packaging, transport, storage, possession and control of the narcotic drug;

      3. (iii)

        the disposal or destruction of the narcotic drug.

  2. (2)

    The application must be made in the form or manner approved in writing by the Secretary, and must:

    1. (a)

      contain the information (if any) prescribed by the regulations; and

    2. (b)

      contain the information (if any) specified in writing by the Secretary; and

    3. (c)

      be accompanied by the documents (if any) prescribed by the regulations; and

    4. (d)

      be accompanied by the documents (if any) specified in writing by the Secretary.

    Note: The Secretary may also require additional information and documents from the applicant at any time: see subsection 14J(1).

  3. (3)

    The application must be accompanied by the application fee (if any) prescribed by the regulations.

  4. (4)

    The application may be withdrawn at any time before a decision is made on the application, but the application fee is not refundable.

11HSecretary must make a decision on an application for a manufacture licence
  1. (1)

    If a person has made an application for a manufacture licence, the Secretary must decide whether to grant, or refuse to grant, the licence.

  2. (2)

    The Secretary may, subject to section 11J, grant a manufacture licence if the Secretary considers it appropriate in all the circumstances to do so.

  3. (3)

    For the purposes of deciding whether to grant, or refuse to grant, a manufacture licence, the Secretary:

    1. (a)

      must have regard to the following:

      1. (i)

        the information and documents provided by the applicant;

      2. (ii)

        any advice or information received in response to a request or requirement under section 14J, 14K or 14L including, in particular, advice provided by an agency of a State or Territory in which any activities proposed to be authorised by the licence will take place;

      3. (iii)

        any other matter prescribed by the regulations; and

    2. (b)

      may have regard to any other matter relating to the conduct of activities authorised by the licence and to the distribution, use and possession of narcotic drugs manufactured under the licence; and

    3. (c)

      may have regard to any other matter the Secretary considers relevant; and

    4. (d)

      may require the applicant to provide access to premises at which activities proposed to be authorised by the licence will take place, for the purposes of inspecting the premises.

    Note: The Secretary must have regard to any applicable guidelines (see subsection 26C(2)).

11JGeneral circumstances in which Secretary must refuse to grant a manufacture licence
  1. (1)

    The Secretary must refuse to grant a manufacture licence if:

    1. (a)

      the Secretary is not satisfied on reasonable grounds that:

      1. (i)

        the applicant is a fit and proper person to hold the licence; and

      2. (ii)

        each of the applicant’s relevant business associates for the application (see subsection (2)), whether in relation to a business relating to the manufacture licence, or in relation to any other business, is a fit and proper person to be associated with the holder of a manufacture licence; or

    2. (b)

      the Secretary is satisfied on reasonable grounds that:

      1. (i)

        the applicant; or

      2. (ii)

        if the applicant is a body corporate, any of the directors of the body corporate;

    has engaged in conduct that constitutes a serious offence during the 10 years immediately before the date of the application; or

    1. (c)

      the Secretary is satisfied on reasonable grounds that the grant of the licence would not be consistent with Australia’s obligations under the Convention; or

    2. (d)

      the Secretary is not satisfied on reasonable grounds that the applicant will take all reasonable measures to ensure the physical security of narcotic drugs or narcotic preparations that contain such a drug:

      1. (i)

        in the applicant’s possession or control; and

      2. (ii)

        manufactured under, or purportedly under, the licence; or

    3. (e)

      the Secretary is not satisfied on reasonable grounds of the suitability of the location, facilities or proposed security arrangements at the premises where activities authorised by the licence will take place; or

    4. (ea)

      the Secretary is not satisfied on reasonable grounds that applicable standards have been or will be met, as the case requires; or

    5. (f)

      the Secretary is satisfied on reasonable grounds that one or more circumstances exist that are prescribed by the regulations as circumstances in which a licence must not be granted; or

    6. (g)

      the application fee (if any) has not been paid; or

    7. (ga)

      the Secretary is satisfied on reasonable grounds that the application for the licence contains information, or information has been given by the applicant in relation to the application, that:

      1. (i)

        is false or misleading in a material particular; or

      2. (ii)

        omits any matter or thing without which the application is misleading in a material respect; or

    8. (h)

      the applicant has not complied with a requirement under subsection 14J(1) (additional information) in relation to the application.

Relevant business associate

  1. (2)

    A business associate of an applicant is a relevant business associate for the application if the Secretary considers it is reasonable, in the circumstances of the application, to take that business associate into account.

11LSecretary may impose conditions

If the Secretary grants a manufacture licence, the Secretary may impose conditions to which the licence is subject including, but not limited to, conditions relating to matters set out in section 12F.

Note 1: For requirements for a notice of a decision to impose conditions on a manufacture licence, see section 15F.

Note 2: Conditions are also specified in this Act (see sections 12G to 12N), and may also be prescribed by the regulations (see paragraph 12E(b)).

11MNotification of decision

If the Secretary decides to grant a manufacture licence, the Secretary must, as soon as practicable:

  1. (a)

    notify the applicant for the licence, in writing, of the Secretary’s decision; and

  2. (b)

    provide a copy of the licence, specifying the matters as mentioned in section 11N, to the applicant.

Note: For requirements for a notice of a decision to refuse to grant a manufacture licence, see section 15F.

11NMatters to be specified in a manufacture licence

A manufacture licence must specify the following:

  1. (a)

    the name of the licence holder;

  2. (b)

    the activities authorised by the licence, including the manufacture of a specified narcotic drug, and the extent to which those activities are authorised only in accordance with one or more manufacture permits held by the licence holder;

  3. (c)

    the premises at which the manufacture of a narcotic drug is authorised by the licence in accordance with one or more manufacture permits;

  4. (d)

    the premises at which other activities relating to such manufacture is authorised by the licence;

  5. (e)

    the persons prescribed by the regulations as the persons who are authorised by the licence to engage in the activities authorised by the licence;

  6. (f)

    the conditions (if any) imposed by the Secretary under section 11L;

  7. (g)

    the period for which the licence is in force;

  8. (h)

    that the Secretary may, in accordance with section 15, require the destruction of any of the following that are in the possession of, or under the control of, the licence holder:

    1. (i)

      a narcotic drug;

    2. (ii)

      a narcotic preparation that contains such a drug.

11PPeriod for which a manufacture licence is in force
  1. (1)

    If a manufacture licence is revoked under subsection 13B(1) or (2), the licence ceases to be in force on the day specified in the notice given under that subsection revoking the licence.

  2. (2)

    If:

    1. (a)

      a manufacture licence is surrendered in accordance with regulations made for the purposes of section 13D; and

    2. (b)

      as a result of that surrender, the licence is to cease to be in force on a particular day, or at a particular time, under those regulations;

the licence ceases to be in force on that day, or at that time, unless it ceases to be in force under subsection (1) of this section on an earlier day.

  1. (3)

    If a manufacture licence specifies a period during which the licence is to remain in force, the licence ceases to be in force at the end of that period unless it ceases to be in force under subsection (1) or (2) on an earlier day or at an earlier time.

12Holder of a manufacture licence may apply for a manufacture permit
  1. (1)

    The holder of a manufacture licence may apply for a permit (a manufacture permit) in relation to activities that are authorised by the licence only in accordance with such a permit.

  2. (2)

    The application must be made in the form or manner approved in writing by the Secretary, and must:

    1. (a)

      contain the information (if any) prescribed by the regulations; and

    2. (b)

      contain the information (if any) specified in writing by the Secretary; and

    3. (c)

      be accompanied by the documents (if any) prescribed by the regulations; and

    4. (d)

      be accompanied by the documents (if any) specified in writing by the Secretary.

    Note: The Secretary may also require additional information and documents from the applicant at any time: see subsection 14J(1).

  3. (3)

    The application must be accompanied by the application fee (if any) prescribed by the regulations.

  4. (4)

    The application may be withdrawn at any time before a decision is made on the application, but the application fee is not refundable.

12ASecretary must make a decision on an application for a manufacture permit
  1. (1)

    If the holder of a manufacture licence has made an application for a manufacture permit, the Secretary must decide whether to grant, or refuse to grant, the permit.

  2. (2)

    The Secretary may, subject to subsections (3) and (4), grant a manufacture permit if the Secretary considers it appropriate in all the circumstances to do so.

  3. (3)

    The Secretary may refuse to grant a manufacture permit if the Secretary is satisfied on reasonable grounds that the holder of the manufacture licence to which the permit relates has breached a condition of the licence.

  4. (4)

    The Secretary must refuse to grant a manufacture permit if:

    1. (a)

      the application fee (if any) has not been paid; or

    2. (aa)

      the Secretary is not satisfied on reasonable grounds that applicable standards have been or will be met, as the case requires; or

    3. (ab)

      the Secretary is satisfied on reasonable grounds that one or more circumstances exist that are prescribed by the regulations as circumstances in which a permit must not be granted; or

    4. (ac)

      the Secretary is satisfied on reasonable grounds that the application for the permit contains information, or information has been given by the applicant in relation to the application, that:

      1. (i)

        is false or misleading in a material particular; or

      2. (ii)

        omits any matter or thing without which the application is misleading in a material respect; or

The salts of the drugs listed in this Schedule, including the salts of esters, ethers and isomers as provided above whenever the existence of such salts is possible.

* Dextromethorphan ((+)‑3‑methoxy‑N‑methylmorphinan) and dextrorphan ((+)‑3‑Hydroxy‑N‑methylmorphinan) are specifically excluded from this Schedule. [Footnote appeared in original text.]

LIST OF DRUGS INCLUDED IN SCHEDULE II

ACETYLDIHYDROCODEINE

CODEINE (3‑methylmorphine)

DEXTROPROPOXYPHENE ((+)‑4‑dimethylamino‑3‑methyl‑1,2‑diphenyl‑2‑propionoxybutane)

DIHYDROCODEINE

ETHYLMORPHINE (3‑ethylmorphine)

NORCODEINE (N‑demethylcodeine)

PHOLCODINE (morpholinylethylmorphine); and

The isomers, unless specifically excepted, of the drugs in this Schedule whenever the existence of such isomers is possible within the specific chemical designation;

The salts of the drugs listed in this Schedule, including the salts of the isomers as provided above whenever the existence of such salts is possible.

LIST OF PREPARATIONS INCLUDED IN SCHEDULE III

1. Preparations of:

Acetyldihydrocodeine,

Codeine,

Dextropropoxyphene,

Dihydrocodeine,

Ethylmorphine,

Norcodeine, and

Pholcodine

when

(a) Compounded with one or more other ingredients in such a way that the preparation has no, or a negligible, risk of abuse, and in such a way that the drug cannot be recovered by readily applicable means or in a yield which would constitute a risk to public health; and

(b) Containing not more than 100 milligrammes of the drug per dosage unit and with a concentration of not more than 2.5 per cent in undivided preparations.

2. Preparations of cocaine containing not more than 0.1 per cent of cocaine calculated as cocaine base and preparations of opium or morphine containing not more than 0.2 per cent of morphine calculated as anhydrous morphine base and compounded with one or more other ingredients in such a way that the preparation has no, or a negligible, risk of abuse, and in such a way that the drug cannot be recovered by readily applicable means or in a yield which would constitute a risk to public health.

3. Solid dose preparations of diphenoxylate containing not more than 2.5 milligrammes of diphenoxylate calculated as base and not less than 25 microgrammes of atropine sulphate per dosage unit.

4. Pulvis ipecacuanhae et opii compositus

10 per cent opium in powder

10 per cent ipecacuanha root, in powder well mixed with

80 per cent of any other powdered ingredient containing no drug.

5. Preparations conforming to any of the formulae listed in this Schedule and mixtures of such preparations with any material which contains no drug.

LIST OF DRUGS INCLUDED IN SCHEDULE IV

CANNABIS and CANNABIS RESIN

DESOMORPHINE (dihydrodeoxymorphine)

HEROIN (diacetylmorphine)

KETOBEMIDONE (4‑meta‑hydroxyphenyl‑1‑methyl‑4‑propionylpiperidine); and

The salts of the drugs listed in this Schedule whenever the formation of such salts is possible.

Endnotes

Endnote 1About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2Abbreviation key

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

commenced or to be commenced

Endnote 3Legislation history

Act

Number and year

Assent

Commencement

Application, saving and transitional provisions

Narcotic Drugs Act 1967

53, 1967

30 May 1967

1 Jan 1968 (s 2 and gaz 1967, p 7053)

Statute Law Revision Act 1973

216, 1973

19 Dec 1973

s 9(1), 10 and Sch 1: 31 Dec 1973 (s 2)

s 9(1) and 10

Narcotic Drugs Amendment Act 1976

176, 1976

13 Dec 1976

1 Feb 1977 (s 2 and gaz 1977, No S8)

s 18 and 19

Statute Law (Miscellaneous Amendments) Act (No. 2) 1982

80, 1982

22 Sept 1982

s 280(2), (3) and Sch 12: 22 Sept 1982 (s 2(1))

s 280(2) and (3)

Statute Law (Miscellaneous Provisions) Act (No. 2) 1984

165, 1984

25 Oct 1984

s 6(1), 9 and Sch 1: 13 Dec 1984 (s 2(29), (32) and gaz 1984, No S519)

s 6(1) and 9

Customs Administration (Transitional Provisions and Consequential Amendments) Act 1985

39, 1985

29 May 1985

s 4 and Sch: 10 June 1985 (s 2)

s 4

Statute Law (Miscellaneous Provisions) Act (No. 1) 1985

65, 1985

5 June 1985

Sch 1: 3 July 1985 (s 2(1))

Customs Administration (Transitional Provisions and Consequential Amendments) Act 1986

10, 1986

13 May 1986

s 4 and Sch: 13 May 1986 (s 2(1))

s 4

Customs, Excise and Bounty Legislation Amendment Act 1995

85, 1995

1 July 1995

s 18 and Sch 9 (items 81–84): 1 July 1995 (s 2(1))

s 18

Health and Aged Care Legislation Amendment (Application of Criminal Code) Act 2001

111, 2001

17 Sept 2001

s 4 and Sch 1 (items 99–101): 17 Sept 2001 (s 2)

s 4

Administrative Appeals Tribunal Amendment Act 2005

38, 2005

1 Apr 2005

Sch 1 (item 228): 16 May 2005 (s 2(1) item 6)

Statute Law Revision Act 2008

73, 2008

3 July 2008

Sch 4 (items 390–392): 4 July 2008 (s 2(1) item 64)

Statute Law Revision Act 2011

5, 2011

22 Mar 2011

Sch 5 (items 127–140), Sch 6 (item 69) and Sch 7 (item 97): 19 Apr 2011 (s 2(1) items 13, 17, 18)

Customs and Other Legislation Amendment (Australian Border Force) Act 2015

41, 2015

20 May 2015

Sch 6 (items 131–140) and Sch 9: 1 July 2015 (s 2(1) items 2, 7)

Sch 6 (item 140) and Sch 9

as amended by

Australian Border Force Amendment (Protected Information) Act 2017

115, 2017

30 Oct 2017

Sch 1 (item 26): 1 July 2015 (s 2(1) item 2)

Statute Law Revision Act (No. 1) 2016

4, 2016

11 Feb 2016

Sch 4 (items 1, 217): 10 Mar 2016 (s 2(1) item 6)

Narcotic Drugs Amendment Act 2016

12, 2016

29 Feb 2016

Sch 1, 3 and 4: 29 Oct 2016 (s 2(1) items 2, 4)

Sch 2: 1 May 2016 (s 2(1) item 3)

Sch 3

Narcotic Drugs Legislation Amendment Act 2016

76, 2016

23 Nov 2016

Sch 1, Sch 2 (items 1–46) and Sch 3: 23 Nov 2016 (s 2(1) items 2–4)

Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Act 2021

13, 2021

1 Mar 2021

Sch 2 (item 600): 1 Sept 2021 (s 2(1) item 5)

Narcotic Drugs Amendment (Medicinal Cannabis) Act 2021

56, 2021

24 June 2021

Sch 1 and Sch 2 (items 1–12): 24 Dec 2021 (s 2(1) item 2)

Sch 2 (items 1–12)

Administrative Review Tribunal (Consequential and Transitional Provisions No. 2) Act 2024

39, 2024

31 May 2024

Sch 9 (items 97–112): 14 Oct 2024 (s 2(1) item 2)

Endnote 4Amendment history

Provision affected

How affected

Title...........................................

rs No 12, 2016

Part I heading.............................

rep No 12, 2016

Chapter 1

Chapter 1 heading.......................

ad No 12, 2016

Part 1

Part 1 heading.............................

ad No 12, 2016

s 2A...........................................

ad No 12, 2016

s 3.............................................

rep No 216, 1973

ad No 39, 1985

am No 85, 1995; No 41, 2015

rs No 12, 2016

am No 56, 2021

s 4.............................................

am No 176, 1976; No 165, 1984; No 85, 1995; No 5, 2011; No 41, 2015; No 12, 2016; No 76, 2016; No 13, 2021; No 56, 2021; No 39, 2024

s 5.............................................

am No 176, 1976

rs No 12, 2016

s 6.............................................

am No 176, 1976; No 80, 1982; No 165, 1984; No 65, 1985; No 85, 1995; No 73, 2008; No 5, 2011; No 41, 2015

rs No 12, 2016

s 7.............................................

am No 216, 1973; No 176, 1976; No 12, 2016

s 7A...........................................

ad No 12, 2016

am No 76, 2016; No 56, 2021

s 8A...........................................

ad No 111, 2001

rep No 12, 2016

Part 2

Part 2.........................................

ad No 12, 2016

s 8A...........................................

ad No 12, 2016

s 8B...........................................

ad No 12, 2016

am No 56, 2021

s 8C...........................................

ad No 12, 2016

am No 76, 2016

ed C13

Part II........................................

rep No 12, 2016

s 9.............................................

am No 176, 1976; No 73, 2008; No 5, 2011

rep No 12, 2016

s 10............................................

am No 176, 1976; No 5, 2011

rep No 12, 2016

s 11............................................

am No 176, 1976; No 165, 1984; No 73, 2008

rep No 12, 2016

s 12............................................

rs No 176, 1976

am No 85, 1995; No 73, 2008; No 41, 2015

rep No 12, 2016

s 13............................................

am No 176, 1976; No 165, 1984; No 73, 2008

rep No 12, 2016

s 14............................................

am No 73, 2008

rep No 12, 2016

s 14A.........................................

ad No 176, 1976

am No 165, 1984; No 85, 1995; No 38, 2005; No 5, 2011; No 41, 2015

rep No 12, 2016

Chapter 2

Chapter 2 heading.......................

rs No 56, 2021

Chapter 2...................................

ad No 12, 2016

Part 1

s 8D...........................................

ad No 12, 2016

rs No 56, 2021

s 8DA........................................

ad No 56, 2021

Part 2

Division 1

s 8E...........................................

ad No 12, 2016

am No 56, 2021

s 8F...........................................

ad No 12, 2016

am No 76, 2016; No 56, 2021

s 8G...........................................

ad No 12, 2016

am No 76, 2016; No 56, 2021

s 8H...........................................

ad No 12, 2016

s 8J............................................

ad No 12, 2016

rs No 56, 2021

s 8K...........................................

ad No 12, 2016

s 8L...........................................

ad No 12, 2016

s 8M..........................................

ad No 12, 2016

am No 56, 2021

s 8N...........................................

ad No 12, 2016

rs No 56, 2021

s 8P...........................................

ad No 12, 2016

s 9.............................................

ad No 12, 2016

am No 76, 2016; No 56, 2021

s 9A...........................................

ad No 12, 2016

s 9B...........................................

ad No 12, 2016

am No 56, 2021

s 9C...........................................

ad No 12, 2016

rs No 56, 2021

Division 2..................................

rep No 56, 2021

s 9D...........................................

ad No 12, 2016

am No 76, 2016

rep No 56, 2021

s 9E...........................................

ad No 12, 2016

am No 76, 2016

rep No 56, 2021

s 9F...........................................

ad No 12, 2016

am No 76, 2016

rep No 56, 2021

s 9G...........................................

ad No 12, 2016

rep No 56, 2021

s 9H...........................................

ad No 12, 2016

rep No 56, 2021

s 9J............................................

ad No 12, 2016

rep No 56, 2021

s 9K...........................................

ad No 12, 2016

rep No 56, 2021

s 9L...........................................

ad No 12, 2016

rep No 56, 2021

s 9M..........................................

ad No 12, 2016

rep No 56, 2021

s 9N...........................................

ad No 12, 2016

rep No 56, 2021

s 9P...........................................

ad No 12, 2016

am No 76, 2016

rep No 56, 2021

s 10............................................

ad No 12, 2016

rep No 56, 2021

s 10A.........................................

ad No 12, 2016

rep No 56, 2021

s 10B.........................................

ad No 12, 2016

rep No 56, 2021

Division 3

Division 3 heading......................

am No 56, 2021

s 10C.........................................

ad No 12, 2016

am No 56, 2021

s 10D.........................................

ad No 12, 2016

am No 76, 2016; No 56, 2021

s 10E.........................................

ad No 12, 2016

am No 56, 2021

s 10F..........................................

ad No 12, 2016

am No 56, 2021

s 10G.........................................

ad No 12, 2016

rs No 56, 2021

s 10H.........................................

ad No 12, 2016

rs No 56, 2021

s 10J..........................................

ad No 12, 2016

am No 56, 2021

s 10JA........................................

ad No 56, 2021

s 10K.........................................

ad No 12, 2016

am No 76, 2016; No 56, 2021

s 10L.........................................

ad No 12, 2016

Division 4

Division 4 heading......................

am No 56, 2021

s 10M........................................

ad No 12, 2016

ed C12

am No 56, 2021

s 10N.........................................

ad No 12, 2016

am No 56, 2021

s 10P..........................................

ad No 12, 2016

am No 76, 2016; No 56, 2021

s 11............................................

ad No 12, 2016

am No 76, 2016; No 56, 2021

s 11A.........................................

ad No 12, 2016

am No 56, 2021

Part 3

Part 3 heading.............................

am No 56, 2021

s 11B.........................................

ad No 12, 2016

am No 56, 2021

s 11C.........................................

ad No 12, 2016

am No 56, 2021

s 11D.........................................

ad No 12, 2016

am No 56, 2021

s 11E.........................................

ad No 12, 2016

am No 56, 2021

s 11EA.......................................

ad No 56, 2021

s 11EB.......................................

ad No 56, 2021

Chapter 3

Chapter 3 heading.......................

am No 56, 2021

Chapter 3...................................

ad No 12, 2016

Part 1

s 11F..........................................

ad No 12, 2016

am No 56, 2021

Part 2

Division 1

s 11G.........................................

ad No 12, 2016

am No 56, 2021

s 11H.........................................

ad No 12, 2016

am No 76, 2016; No 56, 2021

s 11J..........................................

ad No 12, 2016

am No 76, 2016; No 56, 2021

s 11K.........................................

ad No 12, 2016

am No 76, 2016

rep No 56, 2021

s 11L.........................................

ad No 12, 2016

s 11M........................................

ad No 12, 2016

s 11N.........................................

ad No 12, 2016

am No 56, 2021

s 11P..........................................

ad No 12, 2016

rs No 56, 2021

s 12............................................

ad No 12, 2016

s 12A.........................................

ad No 12, 2016

am No 76, 2016

s 12B.........................................

ad No 12, 2016

s 12C.........................................

ad No 12, 2016

am No 56, 2021

s 12D.........................................

ad No 12, 2016

rs No 56, 2021

Division 2

s 12E.........................................

ad No 12, 2016

s 12F..........................................

ad No 12, 2016

am No 76, 2016; No 56, 2021

s 12G.........................................

ad No 12, 2016

am No 56, 2021

s 12H.........................................

ad No 12, 2016

s 12J..........................................

ad No 12, 2016

rs No 56, 2021

s 12K.........................................

ad No 12, 2016

am No 56, 2021

s 12L.........................................

ad No 12, 2016

rep No 56, 2021

s 12M........................................

ad No 12, 2016

rep No 56, 2021

s 12N.........................................

ad No 12, 2016

am No 76, 2016

s 12P..........................................

ad No 12, 2016

Division 3

s 13............................................

ad No 12, 2016

am No 56, 2021

s 13A.........................................

ad No 12, 2016

s 13B.........................................

ad No 12, 2016

am No 76, 2016; No 56, 2021

s 13C.........................................

ad No 12, 2016

am No 76, 2016

ed C13

s 13D.........................................

ad No 12, 2016

Part 3

Part 3 heading.............................

am No 56, 2021

s 13E.........................................

ad No 12, 2016

am No 56, 2021

s 13F..........................................

ad No 12, 2016

am No 56, 2021

Chapter 4

Chapter 4...................................

ad No 12, 2016

Part 1

s 13G.........................................

ad No 12, 2016

Part 2

s 13H.........................................

ad No 12, 2016

Part 3

s 13J..........................................

ad No 12, 2016

am No 39, 2024

s 13K.........................................

ad No 12, 2016

s 13L.........................................

ad No 12, 2016

s 13M........................................

ad No 12, 2016

s 13N.........................................

ad No 12, 2016

s 13P..........................................

ad No 12, 2016

ed C12

am No 56, 2021

s 14............................................

ad No 12, 2016

s 14A.........................................

ad No 12, 2016

s 14B.........................................

ad No 12, 2016

Part 4

s 14C.........................................

ad No 12, 2016

s 14D.........................................

ad No 12, 2016

am No 56, 2021

s 14E.........................................

ad No 12, 2016

am No 56, 2021

s 14F..........................................

ad No 12, 2016

am No 56, 2021

s 14G.........................................

ad No 12, 2016

Part III heading...........................

rep No 12, 2016

s 15............................................

am No 176, 1976; No 73, 2008

rep No 12, 2016

s 16............................................

am No 176, 1976; No 73, 2008

rep No 12, 2016

s 17............................................

rs No 176, 1976

am No 73, 2008

rep No 12, 2016

s 18............................................

am No 176, 1976; No 73, 2008

rep No 12, 2016

s 19............................................

am No 176, 1976; No 165, 1984; No 73, 2008

rep No 12, 2016

s 20............................................

am No 176, 1976; No 4, 2016

rep No 12, 2016

Chapter 5

Chapter 5 heading.......................

ad No 12, 2016

Part 1

Part 1 heading.............................

ed C12

Part 1.........................................

ad No 12, 2016

s 14H.........................................

ad No 12, 2016

am No 56, 2021

Part 2

Part 2.........................................

ad No 12, 2016

Division 1

s 14J..........................................

ad No 12, 2016

s 14K.........................................

ad No 12, 2016

am No 76, 2016

s 14L.........................................

ad No 12, 2016

am No 76, 2016

s 14LA.......................................

ad No 76, 2016

s 14M........................................

ad No 12, 2016

Division 2

s 14MA......................................

ad No 76, 2016

s 14N.........................................

ad No 12, 2016

am No 76, 2016

Part 3

Part 3.........................................

ad No 12, 2016

s 14P..........................................

ad No 12, 2016

am No 56, 2021

s 15............................................

ad No 12, 2016

am No 56, 2021

s 15A.........................................

ad No 12, 2016

am No 56, 2021

s 15B.........................................

ad No 12, 2016

s 15C.........................................

ad No 12, 2016

s 15D.........................................

ad No 12, 2016

Part 4

Part 4.........................................

ad No 12, 2016

s 15E.........................................

ad No 12, 2016

am No 56, 2021

s 15F..........................................

ad No 12, 2016

am No 76, 2016; No 56, 2021

s 15G.........................................

ad No 12, 2016

s 15H.........................................

ad No 12, 2016

s 15J..........................................

ad No 12, 2016

am No 76, 2016; No 39, 2024

s 15K.........................................

ad No 12, 2016

s 15L.........................................

ad No 12, 2016

am No 39, 2024

s 15M........................................

ed C13

am No 39, 2024

s 15N.........................................

ed C13

am No 39, 2024

Part 5

Part 5 heading.............................

ad No 12, 2016

s 21............................................

am No 12, 2016

s 21A.........................................

ad No 76, 2016

Part IV heading...........................

rep No 12, 2016

s 22............................................

am No 176, 1976; No 80, 1982; No 65, 1985; No 10, 1986; No 85, 1995; No 41, 2015; No 12, 2016

s 23............................................

am No 176, 1976; No 165, 1984; No 111, 2001; No 73, 2008; No 12, 2016; No 56, 2021

s 24............................................

am No 176, 1976; No 80, 1982; No 65, 1985; No 10, 1986; No 85, 1995; No 111, 2001; No 73, 2008; No 5, 2011; No 41, 2015; No 4, 2016; No 12, 2016

s 24A.........................................

ad No 12, 2016

s 24B.........................................

ad No 12, 2016

s 24C.........................................

ad No 76, 2016

s 25............................................

rs No 176, 1976

am No 80, 1982; No 165, 1984; Nos 39 and 65, 1985; No 73, 2008; No 5, 2011; No 12, 2016; No 76, 2016

s 25A.........................................

ad No 12, 2016

rep No 56, 2021

s 25B.........................................

ad No 12, 2016

am No 56, 2021

s 26............................................

am No 73, 2008; No 12, 2016

ed C12

am No 56, 2021

s 26A.........................................

ad No 12, 2016

rep No 56, 2021

s 26B.........................................

ad No 76, 2016

s 26C.........................................

ad No 76, 2016

s 27............................................

rs No 12, 2016

am No 76, 2016; No 56, 2021

s 28............................................

ad No 12, 2016

am No 76, 2016

The Schedules heading................

ed C12

First Schedule.............................

rep No 12, 2016

Second Schedule.........................

rep No 12, 2016

Schedule 1

Schedule 1..................................

ad No 12, 2016

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