Narcotic Drugs Amendment Act 2016 (Cth)
Contents
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The Parliament of Australia enacts:
This Act may be cited as the
Narcotic Drugs Amendment Act 2016 .
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day this Act receives the Royal Assent. | 29 February 2016 |
Schedule 1 | A single day to be fixed by Proclamation. However, if the provisions do not commence within the period of 8 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. | 29 October 2016 |
Schedule 2 | The earlier of:
| 1 May 2016 (F2016N00004) |
Schedules 3 to 5 | At the same time as the provisions covered by table item 2. | 29 October 2016 |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1 — Amendments relating to medicinal cannabis
Repeal the title, substitute:
Repeal the heading, substitute:
Insert:
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.
Repeal the section, substitute:
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 and the production of cannabis and cannabis resin. Cultivation and production, and related activities, under the scheme are for medicinal purposes or for research relating to medicinal cannabis.
A separate licensing and permit scheme regulates the manufacture of 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.
Repeal the subsection, substitute:
(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:
(a) the Crown in right of the Commonwealth, a State or a Territory;
(b) a Minister of the Commonwealth, a State or a Territory;
(c) a Commonwealth, State or Territory government department;
(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;
(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:
(i) the Crown in right of the Commonwealth, a State or a Territory;
(ii) a person or body covered by paragraph (b) or (d);
(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 arebusiness associates , in relation to a business, if each person:
(a) both:
(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
(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
(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 licence means a cannabis research licence or a medicinal cannabis licence.
cannabis permit means a cannabis research permit or a medicinal cannabis permit.
cannabis plant means the following:
(a) any plant of the genus cannabis;
(b) any part of a plant of the genus cannabis including, but not limited to, the seeds, stems or leaves of the plant.
cannabis research licence : see subsection 9D(1).
cannabis research permit : see subsection 9N(1).
cannabis resin has the same meaning as in the Convention.
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 theCustoms 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 theAustralian 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:
(a) sow a seed of a cannabis plant;
(b) plant, grow, tend, nurture or harvest a cannabis plant;
(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 any substance prescribed by regulations under section 8 of this Act.
fit and proper person : see sections 8A and 8B.
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:
(a) if the agency is a court—the registrar (however described) of the court; or
(b) otherwise—the principal officer (however described) of the agency.
internal reviewer : see subsection 15H(1).
issuing officer means :
(a) a Judge of a court created by the Parliament; or
(b) a Deputy President of the Administrative Appeals Tribunal; or
(c) a non‑presidential member of the Administrative Appeals Tribunal who:
(i) is enrolled as a legal practitioner of the High Court, or the Supreme Court of a State or Territory; and
(ii) has been so enrolled for at least 5 years.
licence means the following:
(a) a cannabis research licence;
(b) a manufacture licence:
(c) 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).
medicinal cannabis product means a product, including but not limited to a substance, composition, preparation or mixture, that:
(a) includes, or is from, any part of the cannabis plant; and
(b) is for use for the purposes of curing, or alleviating the symptoms of, a disease, ailment or injury.
narcotic preparation means any mixture, whether solid or liquid, that contains a drug.
offence against this Act includes an offence against theCrimes Act 1914 or theCriminal Code that relates to this Act.
opium has the same meaning as in the Convention.
permit means the following:
(a) a cannabis research permit;
(b) a manufacture permit;
(c) a medicinal cannabis permit.
premises includes the following:
(a) a structure or building;
(b) a vehicle, vessel or aircraft;
(c) a place (whether or not enclosed or built on), including a place situated underground or under water;
(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 theRegulatory 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:
(a) the Federal Court of Australia; or
(b) the Federal Circuit Court of Australia; or
(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:
(a) a share in the capital of the business; or
(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:
(a) to participate in any directorial, managerial or executive decision of the business; or
(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 theNational Health Act 1953 .
serious offence means the following:
(a) an offence against a law of the Commonwealth, a State, a Territory or another country that:
(i) involves dishonesty, fraud or cultivation of, or trafficking in, drugs; and
(ii) is punishable by a maximum penalty of imprisonment for not less than 3 months;
(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:
(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(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.
supply includes the following, whether free of charge or otherwise:
(a) supply by way of sale, exchange, gift, lease, loan, hire or hire‑purchase;
(b) supply by way of sample;
(c) supply in the course of testing safety or efficacy;
(d) supply by way of administration to, or application in the treatment of, a person.
this Act includes:
(a) instruments made under this Act;
(b) the Regulatory Powers Act as it applies because of this Act.
(1A) To avoid doubt, a reference to a drug in this Act includes a reference to a medicinal cannabis product that is a drug.
Repeal the sections, substitute:
(1) This Act binds the Crown in each of its capacities.
(2) This Act does not make the Crown liable to be prosecuted for an offence.
This Act extends to every external Territory.
Omit “section 12 or 13”, substitute “this Act”.
Insert:
(1) Despite section 7, Chapter 2 and section 25A of this Act, and other provisions of this Act so far as they relate to those provisions, 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 to do one or more of the following:
(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 related scientific purposes, or otherwise authorise such cultivation;
(b) provide for the grant of a licence (however described) authorising the production of cannabis or cannabis resin for medicinal or related scientific purposes, or otherwise authorise such production;
(c) prohibit an activity, or prevent a person from engaging in an activity, that is authorised under Chapter 2 or section 25A of this Act, or another provision of this Act so far as it relates to Chapter 2 or section 25A.
(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.
(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.
Repeal the section, substitute:
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:
(a) any conviction of the person for an offence against a law of the Commonwealth, a State or a Territory;
(b) any civil penalty (however described) imposed upon the person under a law of the Commonwealth, a State or a Territory;
(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;
(d) the connections and associations that the person has with other persons (including but not limited to the person’s relatives);
(e) the person’s previous business experience;
(f) the capacity of the person to comply with conditions of the licence;
(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;
(h) whether the person is of good repute, having regard to matters going to their character, honesty and professional and personal integrity;
(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.
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 must have regard to the following:
(a) any conviction of the body corporate for an offence against a law of the Commonwealth, a State or a Territory;
(b) any civil penalty (however described) imposed upon the body corporate under a law of the Commonwealth, a State or a Territory;
(c) if there is such a conviction or imposition of a civil penalty upon the body corporate:
(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
(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;
(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;
(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);
(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;
(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;
(h) the capacity of the body corporate to meet the conditions of the licence;
(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;
(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.
Nothing in this Part 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).
Repeal the Part, substitute:
There are 2 types of cannabis licence.
A medicinal cannabis licence may authorise:
(a) the cultivation of cannabis plants for producing cannabis or cannabis resin for medicinal purposes and the obtaining of cannabis plants for that purpose; or
(b) the production of cannabis or cannabis resin for medicinal purposes; or
(c) all of the above;
and activities related to such cultivation, obtaining or production.
A cannabis research licence may authorise:
(a) the cultivation of cannabis plants for producing cannabis or cannabis resin for research relating to medicinal cannabis and the obtaining of cannabis plants for that purpose; or
(b) the production of cannabis or cannabis resin for research relating to medicinal cannabis; or
(c) all of the above;
and activities related to such cultivation, obtaining or production.
Before a licence holder can cultivate cannabis plants, or produce cannabis or cannabis resin, the licence holder must obtain a cannabis permit. Permits deal with matters such as the types of cannabis plants that can be cultivated and the quantities of cannabis and cannabis resin that can be produced.
Certain conditions are imposed on all cannabis licences, and the Secretary may impose additional conditions.
Cannabis licences and cannabis permits can be varied or revoked in certain circumstances.
There are offences and civil penalties relating to the cultivation and obtaining of cannabis plants and the production of cannabis and cannabis resin.
(1) A person may apply to the Secretary for a licence (a
medicinal cannabis licence ) that authorises one or more of the following activities:
(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 purposes and, if appropriate, the obtaining of cannabis plants for the purpose of such cultivation;
(b) the production of cannabis or cannabis resin for medicinal purposes, in accordance with one or more medicinal cannabis permits;
(c) activities relating to such obtaining, cultivation or production, including but not limited to the following (as applicable):
(i) the supply of cannabis plants, cannabis or cannabis resin;
(ii) the packaging, transport, storage, possession and control of cannabis plants, cannabis or cannabis resin;
(iii) the disposal or destruction of cannabis plants, cannabis or cannabis resin.
Note: A cannabis plant includes the seeds of a cannabis plant (see subsection 4(1)).
(2) The application must be made in the form or manner approved in writing by the Secretary, and must:
(a) contain the information (if any) prescribed by the regulations; and
(b) contain the information (if any) specified in writing by the Secretary; and
(c) be accompanied by the documents (if any) prescribed by the regulations; and
(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) The application must be accompanied by the application fee (if any) prescribed by the regulations.
(4) The application may be withdrawn at any time before a decision is made on the application, but the application fee is not refundable.
(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) 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) For the purposes of deciding whether to grant, or refuse to grant, a medicinal cannabis licence, the Secretary:
(a) must have regard to the following:
(i) the information and documents provided by the applicant;
(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;
(iii) any other matter prescribed by the regulations; and
(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 cannabis plants cultivated or obtained, or cannabis or cannabis resin produced, under the licence; and
(c) may have regard to any other matter the Secretary considers relevant; and
(d) may require the applicant to provide access to land or premises at which activities proposed to be authorised by the licence will take place, for the purposes of inspecting the land or premises.
(1) The Secretary must refuse to grant a medicinal cannabis licence if:
(a) the Secretary is not satisfied on reasonable grounds that:
(i) the applicant is a fit and proper person to hold the licence; and
(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
(b) subject to section 8H—the Secretary is satisfied on reasonable grounds that:
(i) the applicant; or
(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
(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
(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, cannabis or cannabis resin:
(i) in the applicant’s possession or control; and
(ii) obtained, cultivated or produced under, or purportedly under, the licence; or
(e) the Secretary is not satisfied on reasonable grounds of the suitability of the location, facilities or proposed security arrangements at the land or premises where activities authorised by the licence will take place; or
(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
(g) the application fee (if any) has not been paid; or
(h) the applicant has not complied with a requirement under subsection 14J(1) (additional information) in relation to the application.
Relevant business associate
(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.
Paragraph 8G(1)(b) does not prevent the Secretary from granting a medicinal cannabis licence if the Secretary is satisfied:
(a) that the conduct referred to in that paragraph:
(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
(ii) was fully disclosed in the application; and
(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.
Licence authorising cultivation but not production
(1) The Secretary must refuse to grant a medicinal cannabis licence that:
(a) authorises the cultivation of cannabis plants (whether or not it also authorises the obtaining of cannabis plants); and
(b) does not also authorise the production of cannabis or cannabis resin;
if the Secretary is not satisfied on reasonable grounds that the cultivation of the cannabis plants is:
(c) for the purposes of supply to the holder of a medicinal cannabis licence that authorises such production; or
(d) for a purpose prescribed by the regulations.
Licence authorising production
(2) The Secretary must refuse to grant a medicinal cannabis licence that authorises the production of cannabis or cannabis resin (whether or not it also authorises the cultivation of cannabis plants) if the Secretary is not satisfied on reasonable grounds that:
(a) the production of the cannabis or cannabis resin for medicinal purposes is for the purposes of supply to the holder of a licence under this Act that authorises:
(i) the manufacture of one or more drugs that are medicinal cannabis products; or
(ii) the manufacture of a drug for the purposes of research relating to medicinal cannabis products; or
(b) the applicant holds a licence that authorises such manufacture; or
(c) the production of the cannabis or cannabis resin for medicinal purposes is for a purpose prescribed by the regulations.
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)).
If the Secretary decides to grant a medicinal cannabis licence, the Secretary must, as soon as practicable:
(a) notify the applicant for the licence, in writing, of the Secretary’s decision; and
(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.
A medicinal cannabis licence must specify the following:
(a) the name of the licence holder;
(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;
(c) the extent of the land on which, and the premises at which, the obtaining and cultivation of cannabis plants, and the production of cannabis or cannabis resin, as the case requires, is authorised by the licence in accordance with one or more medicinal cannabis permits;
(d) the premises at which other activities relating to such obtaining, cultivation or production is authorised by the licence;
(e) the persons authorised by the licence to engage in activities authorised by the licence;
(f) the conditions (if any) imposed by the Secretary under section 8K;
(g) the period for which the licence is in force;
(h) that the Secretary may, in accordance with section 15, require the destruction of cannabis plants, cannabis or cannabis resin in the possession of, or under the control of, the licence holder.
A medicinal cannabis licence ceases to be in force:
(a) at the end of the period for which it is expressed to be in force; or
(b) if it is revoked earlier—when it is revoked.
(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) The application must be made in the form or manner approved in writing by the Secretary, and must:
(a) contain the information (if any) prescribed by the regulations; and
(b) contain the information (if any) specified in writing by the Secretary; and
(c) be accompanied by the documents (if any) prescribed by the regulations; and
(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) The application must be accompanied by the application fee (if any) prescribed by the regulations.
(4) The application may be withdrawn at any time before a decision is made on the application, but the application fee is not refundable.
(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) 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) 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) The Secretary must refuse to grant a medicinal cannabis permit if:
(a) the application fee (if any) has not been paid; or
(b) the applicant has not complied with a requirement under subsection 14J(1) (additional information) in relation to the application.
If the Secretary decides to grant a medicinal cannabis permit that relates to a medicinal cannabis licence, the Secretary must, as soon as practicable:
(a) notify the licence holder, in writing, of the Secretary’s decision; and
(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.
Medicinal cannabis permits—cultivation
(1) Without limiting the matters that the Secretary may specify in a medicinal cannabis permit that relates to a 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:
(a) the types and strains of cannabis plants that may be cultivated;
(b) the maximum size of the cannabis crop that may be cultivated;
(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;
(d) the period during which cannabis plants may be cultivated;
(e) the period for which the permit is in force;
(f) any matter prescribed by the regulations.
Note 1: 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.
Note 2: A cannabis plant includes the seeds of a cannabis plant (see subsection 4(1)).
Medicinal cannabis permits—production
(2) Without limiting the matters that the Secretary may specify in a medicinal cannabis permit that relates to a 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:
(a) the maximum quantity of cannabis or cannabis resin that may be produced;
(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;
(c) the period during which the cannabis or cannabis resin may be produced;
(d) the period for which the permit is in force;
(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.
A medicinal cannabis permit ceases to be in force:
(a) at the end of the period for which it is expressed to be in force; or
(b) if it is revoked or taken to be revoked earlier—when it is revoked or taken to be revoked.
Note: A medicinal cannabis permit is taken to be revoked if the medicinal cannabis licence to which the permit relates is revoked: see subsection 10P(4).
(1) A person may apply to the Secretary for a licence (a
cannabis research licence ) that authorises one or more of the following activities:
(a) the cultivation of cannabis plants, in accordance with one or more cannabis research permits, for the purpose of producing cannabis or cannabis resin for research relating to medicinal cannabis and, if appropriate, the obtaining of cannabis plants for the purpose of such cultivation;
(b) the production of cannabis or cannabis resin for research relating to medicinal cannabis, in accordance with one or more cannabis research permits;
(c) activities relating to such cultivation, obtaining or production, including but not limited to the following (as applicable):
(i) the packaging, transport, storage, possession and control of cannabis plants, cannabis or cannabis resin;
(ii) the disposal or destruction of cannabis plants, cannabis or cannabis resin.
Note: A cannabis plant includes the seeds of a cannabis plant (see subsection 4(1)).
(2) The application must be made in the form or manner approved in writing by the Secretary, and must:
(a) contain the information (if any) prescribed by the regulations; and
(b) contain the information (if any) specified in writing by the Secretary; and
(c) be accompanied by the documents (if any) prescribed by the regulations; and
(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) The application must be accompanied by the application fee (if any) prescribed by the regulations.
(4) The application may be withdrawn at any time before a decision is made on the application, but the application fee is not refundable.
(1) If a person has made an application for a cannabis research licence, the Secretary must decide whether to grant, or refuse to grant, the licence.
(2) The Secretary may, subject to sections 9F and 9H, grant the cannabis research licence if the Secretary considers it appropriate in all the circumstances to do so.
(3) For the purposes of deciding whether to grant, or refuse to grant, a cannabis research licence, the Secretary:
(a) must have regard to the following:
(i) the information and documents provided by the applicant;
(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;
(iii) any other matter prescribed by the regulations; and
(b) may have regard to any other matter relating to the distribution, use, possession and control of cannabis plants cultivated or obtained, or cannabis or cannabis resin produced under the licence; and
(c) may have regard to any other matter the Secretary considers relevant; and
(d) may require the applicant to provide access to land or premises at which activities proposed to be authorised by the licence will take place, for the purposes of inspecting the land or premises.
(1) The Secretary must refuse to grant a cannabis research licence if:
(a) the Secretary is not satisfied on reasonable grounds that:
(i) the applicant is a fit and proper person to hold the licence; and
(ii) each of the applicant’s relevant business associates for the application (see subsection (2)), whether in relation to a business relating to the cannabis research licence, or in relation to any other business, is a fit and proper person to be associated with the holder of a cannabis research licence; or
(b) subject to section 9G—the Secretary is satisfied on reasonable grounds that:
(i) the applicant; or
(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
(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
(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, cannabis or cannabis resin:
(i) in the applicant’s possession or control; and
(ii) obtained, cultivated or produced under, or purportedly under, the licence; or
(e) the Secretary is not satisfied on reasonable grounds of the suitability of the location, facilities or proposed security arrangements at the land or premises where activities authorised by the licence will take place; or
(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
(g) the application fee (if any) has not been paid; or
(h) the applicant has not complied with a requirement under subsection 14J(1) (additional information) in relation to the application.
Relevant business associate
(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.
Paragraph 9F(1)(b) does not prevent the Secretary from granting a cannabis research licence if the Secretary is satisfied that:
(a) the conduct referred to in that paragraph:
(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
(ii) was fully disclosed in the application; and
(b) 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.
The Secretary must refuse to grant a cannabis research licence if the Secretary is not satisfied on reasonable grounds of the following:
(a) if the licence will authorise the cultivation of cannabis plants—the cultivation so authorised is for the purposes of research relating to medicinal cannabis;
(b) if the licence will authorise the production of cannabis or cannabis resin—the production of cannabis or cannabis resin authorised by the licence is:
(i) for the purposes of research relating to medicinal cannabis by the applicant; or
(ii) for the purposes of research relating to medicinal cannabis products;
(c) the applicant:
(i) has the appropriate financial resources, other resources and expertise that are necessary to carry out such research; or
(ii) is included in a class of persons prescribed by the regulations.
If the Secretary decides to grant a cannabis research licence, the Secretary may impose conditions to which the licence is subject including, but not limited to, conditions set out in section 10D.
Note 1: For requirements for a notice of a decision to impose conditions on a cannabis research 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)).
If the Secretary decides to grant a cannabis research licence, the Secretary must, as soon as practicable:
(a) notify the applicant for the licence, in writing, of the Secretary’s decision; and
(b) provide a copy of the licence, specifying the matters as mentioned in section 9L, to the applicant.
Note: For requirements for a notice of a decision to refuse to grant a cannabis research licence, see section 15F.
A cannabis research licence must specify the following:
(a) the name of the licence holder;
(b) the activities authorised by the licence, and the extent to which those activities are authorised only in accordance with one or more cannabis research permits held by the licence holder;
(c) the extent of the land on which, and the premises at which, the obtaining and cultivation of cannabis plants, and the production of cannabis or cannabis resin, as the case requires, is authorised by the licence in accordance with a cannabis research permit;
(d) the premises at which other activities relating to such obtaining, cultivation or production is authorised by the licence;
(e) the persons authorised by the licence to engage in activities authorised by the licence;
(f) the conditions (if any) imposed by the Secretary under section 9J;
(g) the period for which the licence is in force;
(h) that the Secretary may, in accordance with section 15, require the destruction of cannabis plants, cannabis or cannabis resin in the licence holder’s possession or control.
A cannabis research licence ceases to be in force:
(a) at the end of the period for which it is expressed to be in force; or
(b) if it is revoked earlier—when it is revoked.
(1) The holder of a cannabis research licence may apply for a permit (a
cannabis research permit ) in relation to activities that are authorised by the licence only in accordance with such a permit.(2) The application must be made in the form or manner approved in writing by the Secretary, and must:
(a) contain the information (if any) prescribed by the regulations; and
(b) contain the information (if any) specified in writing by the Secretary; and
(c) be accompanied by the documents (if any) prescribed by the regulations; and
(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) The application must be accompanied by the application fee (if any) prescribed by the regulations.
(4) The application may be withdrawn at any time before a decision is made on the application, but the application fee is not refundable.
(1) If a person has made an application for a cannabis research permit, the Secretary must decide whether to grant, or refuse to grant, the permit.
(2) The Secretary may, subject to subsections (3) and (4), grant a cannabis research permit if the Secretary considers it appropriate in all the circumstances to do so.
(3) The Secretary may refuse to grant a cannabis research permit if the Secretary is satisfied on reasonable grounds that the holder of the cannabis research licence to which the permit relates has breached a condition of the licence.
(4) The Secretary must refuse to grant a cannabis research permit if:
(a) the application fee (if any) has not been paid; or
(b) the applicant has not complied with a requirement under subsection 14J(1) (additional information) in relation to the application.
If the Secretary decides to grant a cannabis research permit that relates to a cannabis research licence, the Secretary must, as soon as practicable:
(a) notify the licence holder, in writing, of the Secretary’s decision; and
(b) provide a copy of the permit, specifying the matters as mentioned in section 10A, to the licence holder.
Note: For requirements for a notice of a decision to refuse to grant a cannabis research permit, see section 15F.
Cannabis research permits—cultivation
(1) Without limiting the matters that the Secretary may specify in a cannabis research permit that relates to a 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:
(a) the types and strains of cannabis plants that may be cultivated;
(b) the maximum size of the cannabis crop that may be cultivated;
(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 conducting the research authorised by the licence;
(d) the period during which cannabis plants may be cultivated;
(e) the period for which the permit is in force;
(f) any matters prescribed by the regulations.
Note: A cannabis plant includes the seeds of a cannabis plant (see subsection 4(1)).
Cannabis research permits—production
(2) Without limiting the matters that the Secretary may specify in a cannabis research permit that relates to a 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:
(a) the maximum quantity of cannabis or cannabis resin that may be produced;
(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 produce at any time for conducting the research authorised by the licence;
(c) the period during which the cannabis or cannabis resin may be produced;
(d) the period for which the permit is in force;
(e) any matters prescribed by the regulations.
A cannabis research permit ceases to be in force:
(a) at the end of the period for which it is expressed to be in force; or
(b) if it is revoked or taken to be revoked earlier—when it is revoked or taken to be revoked.
Note: A cannabis research permit is taken to be revoked if the cannabis research licence to which the permit relates is revoked: see subsection 10P(4).
A cannabis licence is subject to the following conditions:
(a) the conditions set out in sections 10E to 10K;
(b) the conditions (if any) prescribed by the regulations;
(c) the conditions (if any) imposed by the Secretary (see sections 8K, 9J, 10D and 10M).
(1) The conditions of a cannabis licence that may be prescribed or imposed may relate to, but are not limited to, the following:
(a) matters relating to the activities authorised by the licence, including activities authorised in accordance with a permit;
(b) the supply, delivery, dealing in any way with, transportation and disposal of cannabis plants cultivated or obtained, or cannabis or cannabis resin produced, under the licence in accordance with a permit;
(c) the use of names or symbols that may suggest or imply a particular effect upon humans of cannabis or cannabis resin, but not so as to prevent the specification of factual material;
(d) waste disposal;
(e) the destruction of cannabis plants, parts of cannabis plants, cannabis or cannabis resin, including the specification of the circumstances in which:
(i) destruction must not occur without the Secretary’s permission; or
(ii) destruction must occur;
(f) documentation and record‑keeping in respect of activities to which the licence relates;
(g) facilities and containment in respect of the cultivation or production authorised by the licence, including requirements relating to the following:
(i) the security of premises;
(ii) the certification of premises or facilities to specified containment levels;
(h) the safety, security and surveillance of land and premises;
(i) access to land and premises on which activities authorised by the licence are, are to be, or have been, undertaken;
(j) measures to manage risks posed to the health and safety of people, or to the environment;
(k) data collection, including studies to be conducted;
(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;
(m) the taking of samples of any thing to which the licence relates and the removal and testing of such samples;
(n) auditing and reporting;
(o) actions to be taken in case of loss, theft, spoilage or destruction (however occurring) of cannabis plants cultivated or obtained, or cannabis or cannabis resin produced, under (or purportedly under) the licence;
(p) compliance with the following (however described):
(i) a code of practice;
(ii) a technical or procedural guideline (however described);
(iii) a prescribed quality standard;
(q) contingency planning;
(r) matters relating to the employment of staff or the engagement of contractors;
(s) advertising to the public by the licence holder in relation to cannabis plants, cannabis or cannabis resin.
(2) Cannabis licence conditions 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.
(1) It is a condition of a cannabis licence that the licence holder inform any person authorised by the licence:
(a) to engage in the obtaining or cultivation of cannabis plants, or activities related to such obtaining or cultivation; or
(b) to engage in the production of cannabis or cannabis resin, or activities related to such production;
of the following:
(c) each condition that is relevant to that person, including each variation or revocation of such a condition;
(d) the revocation of the licence and of any permit that relates to the licence and is relevant to the person;
(e) the giving of one or more directions in relation to the licence under Part 3 of Chapter 5.
(2) Requirements in relation to the manner in which information is provided under subsection (1) may be:
(a) prescribed by the regulations; or
(b) specified by the Secretary.
(3) A reference in subsection (1) to a licence holder or a person authorised under a cannabis licence is, in the case of revocation of the licence, taken to be a reference to a person who was the licence holder, or was so authorised, immediately before that revocation.
(1) It is a condition of a 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:
(a) the person is aged under 18 years; or
(b) the person has been convicted of a serious offence during the period of 5 years before the employment or engagement; or
(c) the person is taken not to be suitable to carry out activities authorised by a cannabis licence under regulations made for the purposes of subsection (2); or
(d) the person is included in a class of persons prescribed by the regulations for the purposes of this paragraph.
(2) The regulations may prescribe circumstances in which a person is taken not to be suitable to carry out activities authorised by a cannabis licence, including but not limited to circumstances relating to the following:
(a) a person’s criminal record;
(b) a person’s employment history.
Medicinal cannabis licence
(1) It is a condition of a medicinal cannabis licence that the licence holder, and other persons authorised by the licence to obtain or cultivate cannabis plants, or to produce cannabis or cannabis resin, do so in accordance with a medicinal cannabis permit.
Cannabis research licence
(2) It is a condition of a cannabis research licence that the licence holder, and other persons authorised by the licence to obtain or cultivate cannabis plants, or to produce cannabis or cannabis resin, do so in accordance with a cannabis research permit.
It is a condition of a cannabis licence that, if a person is authorised by the licence:
(a) to obtain or cultivate cannabis plants or to produce cannabis or cannabis resin; or
(b) to engage in activities related to such obtaining, cultivation or production;
the person allow the Secretary, or a person authorised by the Secretary, to:
(c) enter land or premises at which the person is present and where the obtaining, cultivation, production or activity is being undertaken, for the purposes of the following:
(i) inspecting or monitoring the obtaining, cultivation, production or activity;
(ii) checking whether the obtaining, cultivation, production or activity is being carried out as authorised by the licence in accordance with a cannabis permit, and whether licence conditions are being complied with; and
(d) take samples of any thing at such land or premises and remove and test such samples.
Licence authorising cultivation but not production
(1) If, at a particular time:
(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
(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:
(c) the holder of the medicinal cannabis licence; and
(d) the holder of another medicinal cannabis licence that authorises the production of cannabis or cannabis resin.
Licence authorising production
(2) If, at a particular time:
(a) a medicinal cannabis licence authorises the production of cannabis or cannabis resin; and
(b) a medicinal cannabis permit that relates to such production is in force;
it is a condition of the licence that:
(c) a contract that deals with matters prescribed by the regulations is in existence between the holder of the medicinal cannabis licence and the holder of a licence under this Act that authorises:
(i) the manufacture of one or more drugs that are medicinal cannabis products; or
(ii) the manufacture of a drug for the purposes of research in relation to medicinal cannabis products; or
(d) the holder of the medicinal cannabis licence holds a licence that authorises such manufacture.
(3) A contract of a kind referred to in subsection (1) or (2) is not required to be in existence:
(a) in the circumstances (if any) prescribed by the regulations; or
(b) if the Secretary determines in a particular case that such a contract is not required to be in existence.
It is a condition of a cannabis licence that the licence holder notify the Secretary as soon as reasonably practicable after any of the following matters comes to the attention of the licence holder:
(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;
(b) a breach of the licence;
(c) any other matter that may require or permit the Secretary to revoke the licence or a permit to which the licence relates;
(d) any matter prescribed by the regulations.
Note: Section 24B deals with the privilege against self‑incrimination.
Sections 10E to 10K do not limit the conditions that may be imposed by the Secretary or prescribed by the regulations.
(1) The Secretary may vary a cannabis licence, or a cannabis permit that relates to a cannabis licence, by notice in writing given to the licence holder:
(a) at any time, on the Secretary’s own initiative; or
(b) on application by the licence holder.
Note: For requirements for a notice of a decision under paragraph (1)(a) to vary a cannabis licence or cannabis permit, see section 15F.
(2) The Secretary may vary a cannabis licence or a cannabis permit if the Secretary considers it appropriate in all the circumstances to do so.
(3) Despite subsection (2), the Secretary must not vary a cannabis licence or a cannabis permit if:
(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
(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
(c) if an application was made for the variation:
(i) the application fee (if any) has not been paid; or
(ii) the applicant has not complied with a requirement under subsection 14J(1) (additional information) in relation to the application.
(4) Without limiting subsection (1), the Secretary may:
(a) vary a cannabis licence to impose licence conditions or additional licence conditions, or
(b) vary a cannabis licence to remove or vary licence conditions that were imposed by the Secretary under section 8K or 9J or paragraph (a) of this subsection; or
(c) vary a 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) If the Secretary decides to vary a cannabis licence or a cannabis permit to which the licence relates, the Secretary must give the licence or permit as varied to the licence holder.
(6) A variation of a cannabis licence or a cannabis permit takes effect on the day specified in the notice under subsection (1).
(1) An application for a variation of a cannabis licence or a cannabis permit must be in writing, and must:
(a) contain the information (if any) prescribed by the regulations; and
(b) contain the information (if any) specified in writing by the Secretary; and
(c) be accompanied by the documents (if any) prescribed by the regulations; and
(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) The application for a variation must be accompanied by the application fee (if any) prescribed by the regulations.
(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) If an application has been made for variation of a cannabis licence or a 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 cannabis licence or a cannabis permit on application, see section 15F.
(1) The Secretary must, by notice in writing given to the holder of a cannabis licence, revoke the cannabis licence if the Secretary is satisfied on reasonable grounds:
(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
(b) that the licence holder is no longer a fit and proper person to hold the licence; or
(c) that a 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 cannabis licence.
(2) The Secretary may, by notice in writing given to the holder of a cannabis licence, revoke the licence, or a cannabis permit that relates to that licence, if the Secretary is satisfied on reasonable grounds:
(a) that a condition of the licence has been breached; or
(b) that the licence holder has engaged in conduct that constitutes an offence against this Act; or
(c) that the licence or permit, as the case requires, was obtained or varied on the basis of information that:
(i) was false or misleading in a material particular; or
(ii) omitted a matter or thing without which the information was misleading in a material particular; or
(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
(e) that the location, facilities or security arrangements at the land or premises at which activities authorised by the licence take place are not suitable for those activities; or
(f) that the licence holder has ceased to carry on all activities authorised by the licence; or
(g) that activities authorised by the licence to be undertaken at specified land or 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 that land or those premises; or
(h) that the licence holder is not taking all reasonable measures to ensure the physical security of cannabis plants, cannabis or cannabis resin in the holder’s possession or control; or
(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
(j) that circumstances prescribed by the regulations for the purposes of this paragraph exist.
(3) The revocation of a cannabis licence or a cannabis permit takes effect on the day specified in the notice under subsection (1) or (2).
(4) If a cannabis licence is revoked, any 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 cannabis licence or a cannabis permit, see section 15F.
(1) Before revoking under section 10P a cannabis licence, or a cannabis permit that relates to a cannabis licence, the Secretary must give written notice of the proposed revocation to the licence holder.
(2) A notice under subsection (1) in relation to a cannabis licence or a cannabis permit must:
(a) state that the Secretary proposes to revoke the licence or permit, as the case requires, and the reasons for the proposed revocation; and
(b) invite the licence holder to make a written submission to the Secretary about the proposed revocation.
(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) In considering whether to vary or revoke a cannabis licence or a cannabis permit, the Secretary must have regard to any submission made under paragraph (2)(b).
The regulations may make provision for and in relation to the suspension or surrender of cannabis licences and cannabis permits.
(1) A person who is a licence holder contravenes this subsection if:
(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
(b) the obtaining or cultivation of the cannabis plant, or the doing of the thing, by the person is not authorised by or under one of the following:
(i) a medicinal cannabis licence;
(ii) a cannabis research licence.
Fault‑based offence
(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
(3) A person commits an offence of strict liability if the person contravenes subsection (1).
Penalty: 60 penalty units.
Civil penalty provision
(4) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 1,000 penalty units.
(1) A person contravenes this subsection if:
(a) the person is authorised by a cannabis licence to cultivate cannabis plants in accordance with a cannabis permit, or to engage in activities related to such cultivation; and
(b) the person breaches a condition of the cannabis licence; and
(c) the condition is not prescribed by the regulations for the purposes of this paragraph.
Fault‑based offence
(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
(3) A person commits an offence of strict liability if the person contravenes subsection (1).
Penalty: 60 penalty units.
Civil penalty provision
(4) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 1,000 penalty units.
(1) A person who is a licence holder contravenes this subsection if:
(a) the person produces cannabis or cannabis resin, or does a thing in connection with such production; and
(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 one of the following:
(i) a medicinal cannabis licence;
(ii) a cannabis research licence.
Fault‑based offence
(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
(3) A person commits an offence of strict liability if the person contravenes subsection (1).
Penalty: 60 penalty units.
Civil penalty provision
(4) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 1,000 penalty units.
(1) A person contravenes this subsection if:
(a) the person is authorised by a cannabis licence to produce cannabis or cannabis resin, in accordance with a cannabis permit, or to engage in activities related to such production; and
(b) the person breaches a condition of the cannabis licence; and
(c) the condition is not prescribed by the regulations for the purposes of this paragraph.
Fault‑based offence
(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
(3) A person commits an offence of strict liability if the person contravenes subsection (1).
Penalty: 60 penalty units.
Civil penalty provision
(4) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 1,000 penalty units.
A manufacture licence may authorise the manufacture of a drug and activities related to such manufacture, including manufacture for the purposes of research relating to medicinal cannabis products.
Before a licence holder can manufacture a drug, the licence holder must obtain a manufacture permit. Permits deal with matters such as the types and quantities of 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 drugs.
(1) A person may apply to the Secretary for a licence (a
manufacture licence ) that authorises one or more of the following activities:(a) the manufacture of a drug in accordance with one or more manufacture permits;
(b) activities relating to such manufacture, including but not limited to the following (as applicable):
(i) the supply of the drug;
(ii) the packaging, transport, storage, possession and control of the drug;
(iii) the disposal or destruction of the drug.
(2) The application must be made in the form or manner approved in writing by the Secretary, and must:
(a) contain the information (if any) prescribed by the regulations; and
(b) contain the information (if any) specified in writing by the Secretary; and
(c) be accompanied by the documents (if any) prescribed by the regulations; and
(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) The application must be accompanied by the application fee (if any) prescribed by the regulations.
(4) The application may be withdrawn at any time before a decision is made on the application, but the application fee is not refundable.
(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) The Secretary may, subject to sections 11J and 11K, grant a manufacture licence if the Secretary considers it appropriate in all the circumstances to do so.
(3) For the purposes of deciding whether to grant, or refuse to grant, a manufacture licence, the Secretary:
(a) must have regard to the following:
(i) the information and documents provided by the applicant;
(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;
(iii) any other matter prescribed by the regulations; and
(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 drugs manufactured under the licence; and
(c) may have regard to any other matter the Secretary considers relevant; and
(d) may require the applicant to provide access to land or premises at which activities proposed to be authorised by the licence will take place, for the purposes of inspecting the land or premises.
(1) The Secretary must refuse to grant a manufacture licence if:
(a) the Secretary is not satisfied on reasonable grounds that:
(i) the applicant is a fit and proper person to hold the licence; and
(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
(b) subject to subsection 11K(3)—the Secretary is satisfied on reasonable grounds that:
(i) the applicant; or
(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
(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
(d) the Secretary is not satisfied on reasonable grounds that the applicant will take all reasonable measures to ensure the physical security of drugs or narcotic preparations:
(i) in the applicant’s possession or control; and
(ii) manufactured under, or purportedly under, the licence; or
(e) the Secretary is not satisfied on reasonable grounds of the suitability of the location, facilities or proposed security arrangements at the land or premises where activities authorised by the licence will take place; or
(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
(g) the application fee (if any) has not been paid; or
(h) the applicant has not complied with a requirement under subsection 14J(1) (additional information) in relation to the application.
Relevant business associate
(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.
Application of section
(1) This section applies to an application for a manufacture licence that will authorise the manufacture of a drug that includes, or is from, any part of the cannabis plant.
Particular circumstances in which Secretary must refuse to grant a manufacture licence
(2) The Secretary must refuse to grant the licence if the Secretary is not satisfied on reasonable grounds of one of the following:
(a) in the case of any such drug (including, but not limited to, a drug that is a medicinal cannabis product)—that the drug is for the purposes of research in relation to medicinal cannabis products, and the applicant:
(i) has the appropriate financial resources, other resources and expertise that are necessary to carry out such research; or
(ii) is included in a class of persons prescribed by the regulations;
(b) that the drug is a medicinal cannabis product that will be:
(i) supplied for the purposes of 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(ii) otherwise supplied in accordance with an approval or authority under the
Therapeutic Goods Act 1989 ; or(iii) supplied in circumstances prescribed by the regulations;
(c) that the drug is a medicinal cannabis product that is registered goods within the meaning of the
Therapeutic Goods Act 1989 .
Special rule in exceptional circumstances
(3) Paragraph 11J(1)(b) does not prevent the Secretary from granting the licence if the Secretary is satisfied that:
(a) the conduct referred to in that paragraph:
(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
(ii) was fully disclosed in the application; and
(b) if the licence were granted, the applicant could comply with all the requirements of the licence and this Act.
However, this subsection does not require the Secretary to grant the licence even if the Secretary is so satisfied.
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)).
If the Secretary decides to grant a manufacture licence, the Secretary must, as soon as practicable:
(a) notify the applicant for the licence, in writing, of the Secretary’s decision; and
(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.
A manufacture licence must specify the following:
(a) the name of the licence holder;
(b) the activities authorised by the licence, including the manufacture of specified drugs, and the extent to which those activities are authorised only in accordance with one or more manufacture permits held by the licence holder;
(c) the premises at which the manufacture of drugs is authorised by the licence in accordance with one or more manufacture permits;
(d) the premises at which other activities relating to such manufacture is authorised by the licence;
(e) the persons authorised by the licence to engage in activities authorised by the licence;
(f) the conditions (if any) imposed by the Secretary under section 11L;
(g) the period for which the licence is in force;
(h) that the Secretary may, in accordance with section 15, require the destruction of drugs or narcotic preparations in the licence holder’s possession or control;
(i) the purposes for which, or the circumstances in which, any medicinal cannabis product manufactured under the licence is to be supplied.
A manufacture licence ceases to be in force:
(ii) Control under licence the establishments and premises in which such trade or distribution may take place. The requirement of licensing need not apply to preparations.
(c) The provisions of sub‑paragraphs (a) and (b) relating to licensing need not apply to persons duly authorized to perform and while performing therapeutic or scientific functions.
2. The Parties shall also:
(a) Prevent the accumulation in the possession of traders, distributors, State enterprises or duly authorized persons referred to above, of quantities of drugs and poppy straw in excess of those required for the normal conduct of business, having regard to the prevailing market conditions; and
(b) (i) Require medical prescriptions for the supply or dispensation of drugs to individuals. This requirement need not apply to such drugs as individuals may lawfully obtain, use, dispense or administer in connexion with their duly authorized therapeutic functions; and
(ii) If the Parties deem these measures necessary or desirable, require that prescriptions for drugs in Schedule I should be written on official forms to be issued in the form of counterfoil books by the competent governmental authorities or by authorized professional associations.
3. It is desirable that Parties require that written or printed offers of drugs, advertisements of every kind or descriptive literature relating to drugs and used for commercial purposes, interior wrappings of packages containing drugs, and labels under which drugs are offered for sale indicate the international non‑proprietary name communicated by the World Health Organization.
4. If a Party considers such measures necessary or desirable, it shall require that the inner package containing a drug or wrapping thereof shall bear a clearly visible double red band. The exterior wrapping of the package in which such drug is contained shall not bear a double red band.
5. A Party shall require that the label under which a drug is offered for sale show the exact drug content by weight or percentage. This requirement of label information need not apply to a drug dispensed to an individual on medical prescription.
6. The provisions of paragraphs 2 and 5 need not apply to the retail trade in or retail distribution of drugs in Schedule II.
Article 31
Special provisions relating to international trade
1. The Parties shall not knowingly permit the export of drugs to any country or territory except:
(a) In accordance with the laws and regulations of that country or territory; and
(b) Within the limits of the total of the estimates for that country or territory, as defined in paragraph 2 of Article 19, with the addition of the amounts intended to be re‑exported.
2. The Parties shall exercise in free ports and zones the same supervision and control as in other parts of their territories, provided, however, that they may apply more drastic measures.
3. The Parties shall:
(a) Control under licence the import and export of drugs except where such import or export is carried out by a State enterprise or enterprises;
(b) Control all persons and enterprises carrying on or engaged in such import or export.
4. (a) Every Party permitting the import or export of drugs shall require a separate import or export authorization to be obtained for each such import or export whether it consists of one or more drugs.
(b) Such authorization shall state the name of the drug, the international non‑proprietary name if any, the quantity to be imported or exported, and the name and address of the importer and exporter, and shall specify the period within which the importation or exportation must be effected.
(c) The export authorization shall also state the number and date of the import certificate (paragraph 5) and the authority by whom it has been issued.
(d) The import authorization may allow an importation in more than one consignment.
5. Before issuing an export authorization the Parties shall require an import certificate, issued by the competent authorities of the importing country or territory and certifying that the importation of the drug or drugs referred to therein, is approved and such certificate shall be produced by the person or establishment applying for the export authorization. The Parties shall follow as closely as may be practicable the form of import certificate approved by the Commission.
6. A copy of the export authorization shall accompany each consignment, and the Government issuing the export authorization shall send a copy to the Government of the importing country or territory.
7. (a) The Government of the importing country or territory, when the importation has been effected or when the period fixed for the importation has expired, shall return the export authorization with an endorsement to that effect, to the Government of the exporting country or territory.
(b) The endorsement shall specify the amount actually imported.
(c) If a lesser quantity than that specified in the export authorization is actually exported, the quantity actually exported shall be stated by the competent authorities on the export authorization and on any official copy thereof.
8. Exports of consignments to a post office box, or to a bank to the account of a party other than the party named in the export authorization, shall be prohibited.
9. Exports of consignments to a bonded warehouse are prohibited unless the government of the importing country certifies on the import certificate, produced by the person or establishment applying for the export authorization, that it has approved the importation for the purpose of being placed in a bonded warehouse. In such case the export authorization shall specify that the consignment is exported for such purpose. Each withdrawal from the bonded warehouse shall require a permit from the authorities having jurisdiction over the warehouse and, in the case of a foreign destination shall be treated as if it were a new export within the meaning of this Convention.
10. Consignments of drugs entering or leaving the territory of a Party not accompanied by an export authorization shall be detained by the competent authorities.
11. A Party shall not permit any drugs consigned to another country to pass through its territory, whether or not the consignment is removed from the conveyance in which it is carried, unless a copy of the export authorization for such consignment is produced to the competent authorities of such Party.
12. The competent authorities of any country or territory through which a consignment of drugs is permitted to pass shall take all due measures to prevent the diversion of the consignment to a destination other than that named in the accompanying copy of the export authorization unless the Government of that country or territory through which the consignment is passing authorizes the diversion. The Government of the country or territory of transit shall treat any requested diversion as if the diversion were an export from the country or territory of transit to the country or territory of new destination. If the diversion is authorized, then provisions of paragraph 7(a) and (b) shall also apply between the country or territory of transit and the country or territory which originally exported the consignment.
13. No consignment of drugs while in transit, or whilst being stored in a bonded warehouse, may be subjected to any process which would change the nature of the drugs in question. The packing may not be altered without the permission of the competent authorities.
14. The provisions of paragraphs 11 to 13 relating to the passage of drugs through the territory of a Party do not apply where the consignment in question is transported by aircraft which does not land in the country or territory of transit. If the aircraft lands in any such country or territory, those provisions shall be applied so far as circumstances require.
15. The provisions of this Article are without prejudice to the provisions of any international agreements which limit the control which may be exercised by any of the Parties over drugs in transit.
16. Nothing in this Article other than paragraphs 1(a) and 2 need apply in the case of preparations in Schedule III.
Article 32
Special provisions concerning the carriage of drugs in first‑aid kits of ships or aircraft engaged in international traffic
1. The international carriage by ships or aircraft of such limited amounts of drugs as may be needed during their journey or voyage for first‑aid purposes or emergency cases shall not be considered to be import, export or passage through a country within the meaning of this Convention.
2. Appropriate safeguards shall be taken by the country of registry to prevent the improper use of drugs referred to in paragraph 1 or their diversion for illicit purposes. The Commission, in consultation with the appropriate international organizations, shall recommend such safeguards.
3. Drugs carried by ships or aircraft in accordance with paragraph 1 shall be subject to the laws, regulations, permits and licences of the country of registry, without prejudice to any rights of the competent local authorities to carry out checks, inspections and other control measures on board ships or aircraft. The administration of such drugs in the case of emergency shall not be considered a violation of the requirements of Article 30, paragraph 2(b).
Article 33
Possession of drugs
The Parties shall not permit the possession of drugs except under legal authority.
Article 34
Measures of supervision and inspection
The Parties shall require:
(a) That all persons who obtain licences as provided in accordance with this Convention, or who have managerial or supervisory positions in a State enterprise established in accordance with this Convention, shall have adequate qualifications for the effective and faithful execution of the provisions of such laws and regulations as are enacted in pursuance thereof; and
(b) That governmental authorities, manufacturers, traders, scientists, scientific institutions and hospitals keep such records as will show the quantities of each drug manufactured and of each individual acquisition and disposal of drugs. Such records shall respectively be preserved for a period of not less than two years. Where counterfoil books (Article 30, paragraph 2(b)) of official prescriptions are used, such books including the counterfoils shall also be kept for a period of not less than two years.
Article 35
Action against the illicit traffic
Having due regard to their constitutional, legal and administrative systems, the Parties shall:
(a) Make arrangements at the national level for co‑ordination of preventive and repressive action against the illicit traffic; to this end they may usefully designate an appropriate agency responsible for such co‑ordination;
(b) Assist each other in the campaign against the illicit traffic in narcotic drugs;
(c) Co‑operate closely with each other and with the competent international organizations of which they are members with a view to maintaining a coordinated campaign against the illicit traffic;
(d) Ensure that international co‑operation between the appropriate agencies be conducted in an expeditious manner;
(e) Ensure that where legal papers are transmitted internationally for the purposes of a prosecution, the transmittal be effected in an expeditious manner to the bodies designated by the Parties; this requirement shall be without prejudice to the right of a Party to require that legal papers be sent to it through the diplomatic channel;
(f) Furnish, if they deem it appropriate, to the Board and the Commission through the Secretary‑General, in addition to information required by article 18, information relating to illicit drug activity within their borders, including information on illicit cultivation, production, manufacture and use of, and on illicit trafficking in, drugs; and
(g) Furnish the information referred to in the preceding paragraph as far as possible in such manner and by such dates as the Board may request; if requested by a Party, the Board may offer its advice to it in furnishing the information and in endeavouring to reduce the illicit drug activity within the borders of that Party.
Article 36
Penal provisions
1. (a) Subject to its constitutional limitations, each Party shall adopt such measures as will ensure that cultivation, production, manufacture, extraction, preparation, possession, offering, offering for sale, distribution, purchase, sale, delivery on any terms whatsoever, brokerage, dispatch, dispatch in transit, transport, importation and exportation of drugs contrary to the provisions of this Convention, and any other action which in the opinion of such Party may be contrary to the provisions of this Convention, shall be punishable offences when committed intentionally, and that serious offences shall be liable to adequate punishment particularly by imprisonment or other penalties of deprivation of liberty.
(b) Notwithstanding the preceding sub‑paragraph, when abusers of drugs have committed such offences, the Parties may provide, either as an alternative to conviction or punishment or in addition to conviction or punishment, that such abusers shall undergo measures of treatment, education, after‑care, rehabilitation and social reintegration in conformity with paragraph 1 of article 38.
2. Subject to the constitutional limitations of a Party, its legal system and domestic law:
(a) (i) Each of the offences enumerated in paragraph 1, if committed in different countries, shall be considered as a distinct offence;
(ii) Intentional participation in, conspiracy to commit and attempts to commit, any of such offences, and preparatory acts and financial operations in connexion with the offences referred to in this article, shall be punishable offences as provided in paragraph 1;
(iii) Foreign convictions for such offences shall be taken into account for the purpose of establishing recidivism; and
(iv) Serious offences heretofore referred to committed either by nationals or by foreigners shall be prosecuted by the Party in whose territory the offence was committed, or by the Party in whose territory the offender is found if extradition is not acceptable in conformity with the law of the Party to which application is made, and if such offender has not already been prosecuted and judgement given.
(b) (i) Each of the offences enumerated in paragraphs 1 and 2(a)(ii) of this article shall be deemed to be included as an extraditable offence in any extradition treaty existing between Parties. Parties undertake to include such offences as extraditable offences in every extradition treaty to be concluded between them.
(ii) If a Party which makes extradition conditional on the existence of a treaty receives a request for extradition from another Party with which it has no extradition treaty, it may at its option consider this Convention as the legal basis for extradition in respect of the offences enumerated in paragraphs 1 and 2(a)(ii) of this article. Extradition shall be subject to the other conditions provided by the law of the requested Party.
(iii) Parties which do not make extradition conditional on the existence of a treaty shall recognize the offences enumerated in paragraphs 1 and 2(a)(ii) of this article as extraditable offences between themselves, subject to the conditions provided by the law of the requested Party.
(iv) Extradition shall be granted in conformity with the law of the Party to which application is made, and, notwithstanding sub‑paragraphs (b)(i), (ii) and (iii) of this paragraph, the Party shall have the right to refuse to grant the extradition in cases where the competent authorities consider that the offence is not sufficiently serious.
3. The provisions of this Article shall be subject to the provisions of the criminal law of the Party concerned on questions of jurisdiction.
4. Nothing contained in this Article shall affect the principle that the offences to which it refers shall be defined, prosecuted and punished in conformity with the domestic law of a Party.
Article 37
Seizure and confiscation
Any drugs, substances and equipment used in or intended for the commission of any of the offences, referred to in Article 36, shall be liable to seizure and confiscation.
Article 38
Measures against the abuse of drugs
1. The Parties shall give special attention to and take all practicable measures for the prevention of abuse of drugs and for the early identification, treatment, education, after‑care, rehabilitation and social reintegration of the persons involved and shall coordinate their efforts to these ends.
2. The Parties shall as far as possible promote the training of personnel in the treatment, after‑care, rehabilitation and social reintegration of abusers of drugs.
3. The Parties shall take all practicable measures to assist persons whose work so requires to gain an understanding of the problems of abuse of drugs and of its prevention, and shall also promote such understanding among the general public if there is a risk that abuse of drugs will become widespread.
Article 38
Agreement on regional centres
If a Party considers it desirable as part of its action against the illicit traffic in drugs, having due regard to its constitutional, legal and administrative systems, and, if it so desires, with the technical advice of the Board or the specialized agencies, it shall promote the establishment, in consultation with other interested Parties in the region, of agreements which contemplate the development of regional centres for scientific research and education to combat the problems resulting from the illicit use of and traffic in drugs.
Article 39
Application of stricter national control measures than those required by this Convention
Notwithstanding anything contained in this Convention, a Party shall not be, or be deemed to be, precluded from adopting measures of control more strict or severe than those provided by this Convention and in particular from requiring that preparations in Schedule III or drugs in Schedule II be subject to all or such of the measures of control applicable to drugs in Schedule I as in its opinion is necessary or desirable for the protection of the public health or welfare.
Article 40
Languages of the Convention and procedure for signature, ratification and accession
1. This Convention, of which the Chinese, English, French, Russian and Spanish texts are equally authentic, shall be open for signature until 1 August 1961 on behalf of any Member of the United Nations, of any non‑member State which is a Party to the Statute of the International Court of Justice or member of a specialized agency of the United Nations, and also of any other State which the Council may invite to become a Party.
2. This Convention is subject to ratification. The instruments of ratification shall be deposited with the Secretary‑General.
3. This Convention shall be open after 1 August 1961 for accession by the States referred to in paragraph 1. The instruments of accession shall be deposited with the Secretary‑General.
Article 41
Entry into force
1. This Convention shall come into force on the thirtieth day following the date on which the fortieth instrument of ratification or accession is deposited in accordance with Article 40.
2. In respect of any other State depositing an instrument of ratification or accession after the date of deposit of the said fortieth instrument, this Convention shall come into force on the thirtieth day after the deposit by that State of its instrument of ratification or accession.
Article 42
Territorial application
This Convention shall apply to all non‑metropolitan territories for the international relations of which any Party is responsible, except where the previous consent of such a territory is required by the Constitution of the Party or of the territory concerned, or required by custom. In such case the Party shall endeavour to secure the needed consent of the territory within the shortest period possible, and when that consent is obtained the Party shall notify the Secretary‑General. This Convention shall apply to the territory or territories named in such notification from the date of its receipt by the Secretary‑General. In those cases where the previous consent of the non‑metropolitan territory is not required, the Party concerned shall, at the time of signature, ratification or accession, declare the non‑metropolitan territory or territories to which this Convention applies.
Article 43
Territories for the purposes of Articles 19, 20, 21 and 31
1. Any Party may notify the Secretary‑General that, for the purposes of Articles 19, 20, 21 and 31, one of its territories is divided into two or more territories, or that two or more of its territories are consolidated into a single territory.
2. Two or more Parties may notify the Secretary‑General that, as the result of the establishment of a customs union between them, those Parties constitute a single territory for the purposes of Articles 19, 20, 21 and 31.
3. Any notification under paragraph 1 or 2 above shall take effect on 1 January of the year following the year in which the notification was made.
Article 44
Termination of previous international treaties
1. The provisions of this Convention, upon its coming into force, shall, as between Parties hereto, terminate and replace the provisions of the following treaties:
(a) International Opium Convention, signed at The Hague on 23 January 1912;
(b) Agreement concerning the Manufacture of, Internal Trade in and Use of Prepared Opium, signed at Geneva on 11 February 1925;
(c) International Opium Convention, signed at Geneva on 19 February 1925;
(d) Convention for Limiting the Manufacture and Regulating the Distribution of Narcotic Drugs, signed at Geneva on 13 July 1931;
(e) Agreement for the Control of Opium Smoking in the Far East, signed at Bangkok on 27 November 1931;
(f) Protocol signed at Lake Success on 11 December 1946, amending the Agreements, Conventions and Protocols on Narcotic Drugs concluded at The Hague on 23 January 1912, at Geneva on 11 February 1925 and 19 February 1925 and 13 July 1931, at Bangkok on 27 November 1931 and at Geneva on 26 June 1936, except as it affects the last‑named Convention;
(g) The Conventions and Agreements referred to in sub‑paragraphs (a) to (e) as amended by the Protocol of 1946 referred to in sub‑paragraph (f);
(h) Protocol signed at Paris on 19 November 1948 bringing under International Control Drugs outside the Scope of the Convention of 13 July 1931 for Limiting the Manufacture and Regulating the Distribution of Narcotic Drugs, as amended by the Protocol signed at Lake Success on 11 December 1946;
(i) Protocol for Limiting and Regulating the Cultivation of the Poppy Plant, the Production of, International and Wholesale Trade in, and Use of Opium, signed at New York on 23 June 1953, should that Protocol have come into force.
2. Upon the coming into force of this Convention, Article 9 of the Convention for the Suppression of the Illicit Traffic in Dangerous Drugs, signed at Geneva on 26 June 1936, shall, between the Parties thereto which are also Parties to this Convention, be terminated, and shall be replaced by paragraph 2(b) of Article 36 of this Convention; provided that such a Party may by notification to the Secretary‑General continue in force the said Article 9.
Article 45
Transitional provisions
1. The functions of the Board provided for in Article 9 shall, as from the date of the corning into force of this Convention (Article 41, paragraph 1), be provisionally carried out by the Permanent Central Board constituted under Chapter VI of the Convention referred to in Article 44(c) as amended, and by the Supervisory Body constituted under Chapter II of the Convention referred to in Article 44(d) as amended, as such functions may respectively require.
2. The Council shall fix the date on which the new Board referred to in Article 9 shall enter upon its duties. As from that date that Board shall, with respect to the States Parties to the treaties enumerated in Article 44 which are not Parties to this Convention, undertake the functions of the Permanent Central Board and of the Supervisory Body referred to in paragraph 1.
Article 46
Denunciation
1. After the expiry of two years from the date of the coming into force of this Convention (Article 41, paragraph 1) any Party may, on its own behalf or on behalf of a territory for which it has international responsibility, and which has withdrawn its consent given in accordance with Article 42, denounce this Convention by an instrument in writing deposited with the Secretary‑General.
2. The denunciation, if received by the Secretary‑General on or before the first day of July in any year, shall take effect on the first day of January in the succeeding year, and if received after the first day of July, shall take effect as if it had been received on or before the first day of July in the succeeding year.
3. This Convention shall be terminated if, as a result of denunciations made in accordance with paragraph 1, the conditions for its coming into force as laid down in Article 41, paragraph 1, cease to exist.
Article 47
Amendments
1. Any Party may propose an amendment to this Convention. The text of any such amendment and the reasons therefor shall be communicated to the Secretary‑General who shall communicate them to the Parties and to the Council. The Council may decide either:
(a) That a conference shall be called in accordance with Article 62, paragraph 4, of the Charter of the United Nations to consider the proposed amendment; or
(b) That the Parties shall be asked whether they accept the proposed amendment and also asked to submit to the Council any comments on the proposal.
2. If a proposed amendment circulated under paragraph 1(b) of this Article has not been rejected by any Party within eighteen months after it has been circulated, it shall thereupon enter into force. If however a proposed amendment is rejected by any Party, the Council may decide, in the light of comments received from Parties, whether a conference shall be called to consider such amendment.
Article 48
Disputes
1. If there should arise between two or more Parties a dispute relating to the interpretation or application of this Convention, the said Parties shall consult together with a view to the settlement of the dispute by negotiation, investigation, mediation, conciliation, arbitration, recourse to regional bodies, judicial process or other peaceful means of their own choice.
2. Any such dispute which cannot be settled in the manner prescribed shall be referred to the International Court of Justice for decision.
Article 49
Transitional reservations
1. A Party may at the time of signature, ratification or accession reserve the right to permit temporarily in any one of its territories:
(a) The quasi‑medical use of opium;
(b) Opium smoking;
(c) Coca leaf chewing;
(d) The use of cannabis, cannabis resin, extracts and tinctures of cannabis for non‑medical purposes; and
(e) The production and manufacture of and trade in the drugs referred to under (a) to (d) for the purposes mentioned therein.
2. The reservations under paragraph 1 shall be subject to the following restrictions:
(a) The activities mentioned in paragraph 1 may be authorized only to the extent that they were traditional in the territories in respect of which the reservation is made, and were there permitted on 1 January 1961.
(b) No export of the drugs referred to in paragraph 1 for the purposes mentioned therein may be permitted to a non‑party or to a territory to which this Convention does not apply under Article 42.
(c) Only such persons may be permitted to smoke opium as were registered by the competent authorities to this effect on 1 January 1964.
(d) The quasi‑medical use of opium must be abolished within fifteen years from the coming into force of this Convention as provided in paragraph 1 of Article 41.
(e) Coca leaf chewing must be abolished within twenty‑five years from the coming into force of this Convention as provided in paragraph 1 of Article 41.
(f) The use of cannabis for other than medical and scientific purposes must be discontinued as soon as possible but in any case within twenty‑five years from the coming into force of this Convention as provided in paragraph 1 of Article 41.
(g) The production and manufacture of and trade in the drugs referred to in paragraph 1 for any of the uses mentioned therein must be reduced and finally abolished simultaneously with the reduction and abolition of such uses.
3. A Party making a reservation under paragraph 1 shall:
(a) Include in the annual report to be furnished to the Secretary‑General, in accordance with Article 18, paragraph 1(a), an account of the progress made in the preceding year towards the abolition of the use, production, manufacture or trade referred to under paragraph 1; and
(b) Furnish to the Board separate estimates (Article 19) and statistical returns (Article 20) in respect of the reserved activities in the manner and form prescribed by the Board.
4. (a) If a Party which makes a reservation under paragraph 1 fails to furnish:
(i) The report referred to in paragraph 3(a) within six months after the end of the year to which the information relates;
(ii) The estimates referred to in paragraph 3(b) within three months after the date fixed for that purpose by the Board in accordance with Article 12, paragraph 1;
(iii) The statistics referred to in paragraph 3(b) within three months after the date on which they are due in accordance with Article 20, paragraph 2,
the Board or the Secretary‑General, as the case may be, shall send to the Party concerned a notification of the delay, and shall request such information within a period of three months after the receipt of that notification.
(b) If the Party fails to comply within this period with the request of the Board or the Secretary‑General, the reservation in question made under paragraph 1 shall cease to be effective.
5. A State which has made reservations may at any time by notification in writing withdraw all or part of its reservations.
Article 50
Other reservations
1. No reservations other than those made in accordance with Article 49 or with the following paragraphs shall be permitted.
2. Any State may at the time of signature, ratification or accession make reservations in respect of the following provisions of this Convention: Article 12, paragraphs 2 and 3; Article 13, paragraph 2; Article 14, paragraphs 1 and 2; Article 31, paragraph 1(b), and Article 48.
3. A State which desires to become a Party but wishes to be authorized to make reservations other than those made in accordance with paragraph 2 of this Article or with Article 49 may inform the Secretary‑General of such intention. Unless by the end of twelve months after the date of the Secretary‑General’s communication of the reservation concerned, this reservation has been objected to by one third of the States that have ratified or acceded to this Convention before the end of that period, it shall be deemed to be permitted, it being understood however that States which have objected to the reservation need not assume towards the reserving State any legal obligation under this Convention which is affected by the reservation.
4. A State which has made reservations may at any time by notification in writing withdraw all or part of its reservations.
Article 51
Notifications
The Secretary‑General shall notify to all the States referred to in paragraph 1 of Article 40:
(a) Signatures, ratifications and accessions in accordance with article 40;
(b) The date upon which this Convention enters into force in accordance with Article 41;
(c) Denunciations in accordance with Article 46; and
(d) Declarations and notifications under Articles 42, 43, 47, 49 and 50.
LIST OF DRUGS INCLUDED IN SCHEDULE I
ACETYLMETHADOL (3‑acetoxy‑6‑dimethylamino‑4,4‑diphenylheptane)
ALLYLPRODINE (3‑allyl‑1‑methyl‑4‑phenyl‑4‑propionoxypiperidine)
ALPHACETYLMETHADOL (alpha‑3‑acetoxy‑6‑dimethylamino‑4,4‑diphenylheptane)
ALPHAMEPRODINE (alpha‑3‑ethyl‑1‑methyl‑4‑phenyl‑4‑propionoxypiperidine)
ALPHAMETHADOL (alpha‑6‑dimethylamino‑4,4‑diphenyl‑3‑heptanol)
ALPHAPRODINE (alpha‑1,3‑dimethyl‑4‑phenyl‑4‑propionoxypiperidine)
ANILERIDINE (1‑
BENZETHIDINE (1‑(2‑benzyloxyethyl)‑4‑phenylpiperidine‑4‑carboxylic acid ethyl ester)
BENZYLMORPHINE (3‑benzylmorphine)
BETACETYLMETHADOL (beta‑3‑acetoxy‑6‑dimethylamino‑4,4‑diphenylheptane)
BETAMEPRODINE (beta‑3‑ethhyl‑1‑methyl‑4‑phenyl‑4‑propionoxypiperidine)
BETAMETHADOL (beta‑6‑dimethylamino‑4,4‑diphenyl‑3‑heptanol)
BETAPRODINE (beta‑1,3‑dimethyl‑4‑phenyl‑4‑propionoxypiperidine)
CANNABIS and CANNABIS RESIN and EXTRACTS and TINCTURES of CANNABIS
CLONITAZENE (2‑
COCA LEAF
COCAINE (methyl ester of benzoylecgonine)
CONCENTRATE OF POPPY STRAW (the material arising when poppy straw has entered into a process for the concentration of its alkaloids, when such material is made available in trade)
DESOMORPHINE (dihydrodeoxymorphine)
DEXTROMORAMIDE ((+)‑4‑[2‑methyl‑4‑oxo‑3,3‑diphenyl‑4‑(1‑pyrrolidinyl) butyl] morpholine)
DIAMPROMIDE (N‑[2‑methylphenethylamino) propyl] propionanilide)
DIETHYLTHIAMBUTENE (3‑diethylamino‑1,1‑di‑(2’‑thienyl)‑1‑butene)
DIHYDROMORPHINE
DIMENOXADOL (2‑dimethylaminoethyl‑1‑ethoxy‑1,1‑diphenylacetate)
DIMEPHEPTANOL (6‑dimethylamino‑4,4‑diphenyl‑3‑heptanol)
DIMETHYLTHIAMBUTENE (3‑dimethylamino‑1,1‑di‑(2’‑thienyl)‑1‑butene)
DIOXAPHETYL BUTYRATE (ethyl 4‑morpholino‑2,2‑diphenylbutyrate)
DIPHENOXYLATE (1‑(3‑cyano‑3,3‑diphenylpropyl)‑4‑phenylpiperidine‑4‑carboxylic acid ethyl ester)
DIPIPANONE (4,4‑diphenyl‑6‑piperidine‑3‑heptanone)
ECGONINE, its esters and derivatives which are convertible to ecgonine and cocaine
ETHYLMETHYLTHIAMBUTENE (3‑ethylmethylamino‑1,1‑di‑(2’‑thienyl)‑1‑butene)
ETONITAZENE (1‑diethylaminoethyl‑2‑
ETOXERIDINE (1‑[2‑(2‑hydroxyethoxy) ethyl]‑4‑phenylpiperidine‑4‑carboxylic acid ethyl ester)
FURETHIDINE (1‑(2‑tetrahydrofurfuryloxyethyl)‑4‑phenylpiperidine‑4‑carboxylic acid ethyl ester)
HEROIN (diacetylmorphine)
HYDROCODONE (dihydrocodeinone)
HYDROMORPHINOL (14‑hydroxydihydromorphine)
HYDROMORPHONE (dihydromorphinone)
HYDROXYPETHIDINE (4‑
ISOMETHADONE (6‑dimethylamino‑5‑methyl‑4,4‑diphenyl‑3‑hexanone)
KETOBEMIDONE (4‑
LEVOMETHORPHAN* ((‑)‑3‑methoxy‑N‑methylmorphinan)
LEVOMORAMIDE ((‑)‑4‑[2‑methyl‑4‑oxo‑3,3‑diphenyl‑4‑(1‑pyrrolidinyl) butyl] morpholine)
LEVOPHENACYLMORPHAN ((‑)‑3‑hydroxy‑N‑phenacylmorphinan)
LEVORPHANOL* ((‑)‑3‑hydroxy‑N‑methylmorphinan)
METAZOCINE (2’‑hydroxy‑2,5,9‑trimethyl‑6,7‑benzomorphan)
METHADONE (6‑dimethylamino‑4,4‑diphenyl‑3‑heptanone)
METHYLDESORPHINE (6‑methyl‑delta 6‑deoxymorphine)
METHYLDIHYDROMORPHINE (6‑methyldihydromorphine)
1‑Methyl‑4‑phenylpiperidine‑4‑carboxylic acid
METOPON (5‑methyldihydromorphinone)
MORPHERIDINE (1‑(2‑morpholinoethyl)‑4‑phenylpiperidine‑4‑carboxylic acid ethyl ester)
MORPHINE
MORPHINE METHOBROMIDE and other pentavalent nitrogen morphine derivatives
MORPHINE‑N‑OXIDE
MYROPHINE (myristylbenzylmorphine)
NICOMORPHINE (3,6‑dinicotinylmorphine)
NORLEVORPHANOL ((‑)‑3‑hydroxymorphinan)
NORMETHADONE (6‑dimethylamino‑4,4‑diphenyl‑3‑hexanone)
NORMORPHINE (demethylmorphine)
OPIUM
OXYCODONE (14‑hydroxydihydrocodeinone)
OXYMORPHONE (14‑hydroxydihydromorphinone)
PETHIDINE (1‑methyl‑4‑phenylpiperidine‑4‑carboxylic acid ethyl ester)
PHENADOXONE (6‑morpholino‑4,4‑diphenyl‑3‑heptanone)
PHENAMPROMIDE (N‑(1‑methyl‑2‑piperidinoethyl) propionanilide)
PHENAZOCINE (2’‑hydroxy‑5,9‑dimethyl‑2‑phenethyl‑6,7‑benzomorphan)
PHENOMORPHAN (3‑hydroxy‑N‑phenethylmorphinan)
PHENOPERIDINE (1‑(3‑hydroxy‑3‑phenylpropyl)‑4‑phenylpiperidine‑4‑carboxylic acid ethyl ester)
PIMINODINE (4‑phenyl‑1‑(3‑phenylaminopropyl) piperidine‑4‑carboxylic acid ethyl ester)
PROHEPTAZINE (1,3‑dimethyl‑4‑phenyl‑4‑propionoxyazacycloheptane)
PROPERIDINE (1‑methyl‑4‑phenylpiperidine‑4‑carboxylic acid isopropyl ester)
RACEMETHORPHAN ((+/‑)‑3‑methoxy‑N‑methylmorphinan)
RACEMORAMIDE ((+/‑)‑4‑[2‑methyl‑4‑oxo‑3,3‑diphenyl‑4‑(1‑pyrroldinyl) butyl] morpholine)
RACEMORPHAN ((+/‑)‑3‑hydroxy‑N‑methylmorphinan)
THEBACON (acetyldihydrocodeinone)
THEBAINE
TRIMEPERIDINE (1,2,5‑trimethyl‑4‑phenyl‑4‑propionoxypiperidine); 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 esters and ethers, unless appearing in another Schedule, of the drugs in this Schedule whenever the existence of such esters or ethers is possible;
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.]
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.
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.
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.
CANNABIS and CANNABIS RESIN
DESOMORPHINE (dihydrodeoxymorphine)
HEROIN (diacetylmorphine)
KETOBEMIDONE (4‑
The salts of the drugs listed in this Schedule whenever the formation of such salts is possible.
Insert:
(8) The regulations may prescribe the circumstances in which an approval under paragraph (1)(b) must not be given, including but not limited to circumstances relating to:
(a) a particular class of therapeutic goods;
(b) a particular class of persons to whom therapeutic goods are to be supplied.
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