Narcotic Drugs (Licence Charges) Regulation 2016 (Cth)
made under the
This is a compilation of the
The notes at the end of this compilation (the
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
For more information about any editorial changes made in this compilation, see the endnotes.
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
This is the
Narcotic Drugs (Licence Charges) Regulation 2016 .
This instrument is made under the
Narcotic Drugs (Licence Charges) Act 2016 .
Note: A number of expressions used in this instrument are defined in the Act, including the following:
(a) charge;
(b) licence.
(1) In this instrument:
Act means theNarcotic Drugs (Licence Charges) Act 2016 .
agency of the Commonwealth, a State or a Territory has the same meaning as in theNarcotic Drugs Act 1967 .
authorised inspector has the same meaning as in theNarcotic Drugs Act 1967 .
commercial medicinal cannabis licence has the same meaning as in theNarcotic Drugs Regulation 2016 .
inspection type 1 means an inspection by an authorised inspector for the purposes of monitoring compliance with theNarcotic Drugs Act 1967 or any instrument made under that Act by the holder of a licence that is in force.
inspection type 2 means an inspection by an authorised inspector for the purpose of verifying information in relation to a licence that is in force that is provided by:
(a) the holder of the licence; or
(b) any other person, law enforcement agency, or any other agency of the Commonwealth, a State or a Territory;
that relates to any one or more of the following:
(c) activities engaged in under, or purportedly under, the licence or a permit that relates to the licence;
(d) conditions of the licence;
(e) any other matters relating to the licence, or the holder of the licence;
(f) any other matters relating to one or more permits that relate to the licence.
law enforcement agency has the same meaning as in theNarcotic Drugs Act 1967 .
licence year has the meaning given by subsection 5(2).
medicinal cannabis licence has the same meaning as in theNarcotic Drugs Act 1967 .
non‑commercial medicinal cannabis licence has the same meaning as in theNarcotic Drugs Regulation 2016 .
permit has the same meaning as in theNarcotic Drugs Act 1967 .
Regulatory Powers Act means theRegulatory Powers (Standard Provisions) Act 2014 .Note: Subsection (2) deals with references to provisions of the Regulatory Powers Act.
(2) In this instrument, a reference to a provision of the Regulatory Powers Act is a reference to that provision as it applies because of Chapter 4 of the
Narcotic Drugs Act 1967 .
(1) This section prescribes periods for the purposes of paragraph 6(1)(b) of the Act (which imposes charge on licences in force at a time in a prescribed period) for licences of the following classes:
(a) commercial medicinal cannabis licence;
(b) non‑commercial medicinal cannabis licence.
(2) The period (the
licence year ) for a licence is:(a) if the licence was preserved by item 2 of Schedule 2 to the
Narcotic Drugs Amendment (Medicinal Cannabis) Act 2021 —12 months starting on:-
(i) the day the licence came into force; or
(ii) a later anniversary of the day mentioned in subparagraph (i) of this paragraph; or
-
(b) if the licence was converted from multiple licences (the
original licences ) into a single licence by item 3 of Schedule 2 to theNarcotic Drugs Amendment (Medicinal Cannabis) Act 2021 :(i) 12 months ending immediately before the earliest anniversary day for one of the original licences to occur after the commencement of the
Narcotic Drugs (Licence Charges) Amendment (Medicinal Cannabis Licences) Regulations 2021 ; or(ii) 12 months starting on a later anniversary of the day mentioned in subparagraph (i) of this paragraph; or
(c) otherwise—12 months starting on:
(i) the day the licence comes into force; or
(ii) a later anniversary of the day mentioned in subparagraph (i).
(3) For the purposes of subparagraph (2)(b)(i), the
anniversary day for an original licence means the day immediately after the last day of a licence year for that licence, had:(a) the licence year been determined under subsection 5(2) of this instrument as in force before the commencement of the
Narcotic Drugs (Licence Charges) Amendment (Medicinal Cannabis Licences) Regulations 2021 ; and(b) the licence not been converted under item 3 of Schedule 2 to the
Narcotic Drugs Amendment (Medicinal Cannabis) Act 2021 .
(1) This section prescribes the amount of charge on a medicinal cannabis licence for the purpose of subsection 8(1) of the Act.
Amount for commercial medicinal cannabis licences (2) The amount of charge on a commercial medicinal cannabis licence for a licence year is $28,310.
Amount for non‑commercial medicinal cannabis licences (3) The amount of charge on a non‑commercial medicinal cannabis licence for the first year that the licence is in force is $28,310.
(4) The amount of charge on a non‑commercial medicinal cannabis licence for any later licence year is nil.
Note: For the definition of
commercial medicinal cannabis licence ,non‑commercial medicinal cannabis licence andlicence year , see section 4.
(1) For the purpose of subsections 6(3) and 8(1) of the Act, this section prescribes amounts of charge for an inspection relating to a licence that is in force.
(2) The amount of charge for an inspection type 1 is $12,950.
(3) The amount of charge for an inspection type 2 is $4,920.
(4) To avoid doubt, more than one charge under subsection (2) or (3) is payable during a licence year if more than one inspection is carried out during the year.
Note 1: For the meaning of
licence ,inspection type 1 andinspection type 2 , see section 4.Note 2: For the requirements regarding the payment of charge, see section 54B of the
Narcotic Drugs Regulation 2016 .
The amendment of section 6 made by the
Narcotic Drugs (Licence Charges) Amendment (Cannabis) Regulations 2018 applies in relation to licences granted under theNarcotic Drugs Act 1967 on or after the commencement of this section.
(1) This section provides for the application of provisions of this instrument as amended by the
Narcotic Drugs (Licence Charges) Amendment (2020 Measures No. 1) Regulations 2020 .Note: The
Narcotic Drugs (Licence Charges) Amendment (2020 Measures No. 1) Regulations 2020 commenced on 15 July 2020.(2) Subsection 5(2) applies in relation to a licence that came or comes into force before, on or after 15 July 2020.
(3) Paragraphs 6(2)(a) and (b) apply to charge for licence years that start on or after 15 July 2020.
(4) Paragraph 6(2)(c) applies to charge for licence years that end on or after 15 July 2020 but does not apply to the carrying out of an activity before 15 July 2020.
(5) This section does not affect the operation of section 7 of the
Acts Interpretation Act 1901 in relation to liability for charge that was incurred before the commencement of theNarcotic Drugs (Licence Charges) Amendment (2020 Measures No. 1) Regulations 2020 .Note: Section 7 of the
Acts Interpretation Act 1901 preserves the liability despite the amendments made by theNarcotic Drugs (Licence Charges) Amendment (2020 Measures No. 1) Regulations 2020 . That section applies in relation to regulations because of section 13 of theLegislation Act 2003 .
(1) This section provides for the application of this instrument as amended by the
Narcotic Drugs (Licence Charges) Amendment (Cannabis‑Related Manufacture Licences) Regulations 2020 .Note: The
Narcotic Drugs (Licence Charges) Amendment (Cannabis‑Related Manufacture Licences) Regulations 2020 commenced on 1 November 2020.(2) Subsection 5(2) applies in relation to a cannabis‑related manufacture licence that came or comes into force before, on or after 1 November 2020.
(3) Paragraph 6(2)(a) applies to charge on a cannabis‑related manufacture licence for licence years that start on or after 1 November 2020.
(4) Paragraph 6(2)(a) also applies to charge on a cannabis‑related manufacture licence for a licence year that starts before 1 November 2020 and ends on or after 1 November 2020 as if the reference in that paragraph to $11,570 were a reference to the amount worked out using the formula:
(5) Paragraph 6(2)(b) applies to charge on a cannabis‑related manufacture licence for licence years that start on or after 1 November 2020.
(6) Paragraph 6(2)(b) also applies to charge on a cannabis‑related manufacture licence for a licence year that starts before 1 November 2020 and ends on or after 1 November 2020 as if the amount worked out under that paragraph were instead the amount worked out under whichever of the following paragraphs applies:
(a) if any of the permits was in force on 1 November 2020—the amount worked out using the formula:
(b) if all of the permits come into force after 1 November 2020—the amount worked out using the formula:
(7) Paragraph 6(2)(c) applies to charge on a cannabis‑related manufacture licence for licence years that end on or after 1 November 2020 but does not apply to the carrying out of an activity in relation to the licence before 1 November 2020.
(1) The amendments of paragraphs 6(2)(a) and (b) made by the
Narcotic Drugs (Licence Charges) Amendment ( Charge Amounts and Other Measures ) Regulations 2021 apply to charge on a licence for licence years that start on or after 1 July 2021.(2) The amendment of subparagraph 6(2)(c)(i) made by the
Narcotic Drugs (Licence Charges) Amendment ( Charge Amounts and Other Measures ) Regulations 2021 applies to charge on a licence for licence years that end on or after 1 July 2021 but does not apply to the carrying out of an activity before 1 July 2021.
(1) The amendments of section 6 made by the
Narcotic Drugs (Licence Charges) Amendment (Charge Amounts) Regulations 2023 apply to licence years that start on or after 1 August 2023.(2) The amendments of section 4 made by, and section 6A as inserted by, the
Narcotic Drugs (Licence Charges) Amendment (Charge Amounts) Regulations 2023 apply to inspections commenced on or after 1 August 2023.
(1) The amendments of section 6 made by the
Narcotic Drugs (Licence Charges) Amendment Regulations 2024 apply to licence years that start on or after 1 July 2024.(2) The amendments of section 6A made by the
Narcotic Drugs (Licence Charges) Amendment Regulations 2024 apply to inspections commenced on or after 1 July 2024.
(1) The amendments of section 6 made by the
Narcotic Drugs (Licence Charges) Amendment (Charge Amounts) Regulations 2025 (theamending regulations ) apply to licence years that start on or after 1 July 2025.(2) The amendments of section 6A made by the amending regulations apply to inspections commenced on or after 1 July 2025.
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
The abbreviation key sets out abbreviations that may be used in the endnotes.
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
The
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub‑subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev…) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = | Sch = Schedule(s) |
LIA = | Sdiv = Subdivision(s) |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | |
No. = Number(s) | commenced or to be commenced |
Narcotic Drugs (Licence Charges) Regulation 2016 | 9 Dec 2016 (F2016L01893) | 10 Dec 2016 (s 2(1) item 1) | |
Narcotic Drugs (Licence Charges) Amendment (Cannabis) Regulations 2018 | 20 Mar 2018 (F2018L00318) | 21 Mar 2018 (s 2(1) item 1) | — |
Narcotic Drugs (Licence Charges) Amendment (2020 Measures No. 1) Regulations 2020 | 10 July 2020 (F2020L00901) | 15 July 2020 (s 2(1) item 1) | — |
Narcotic Drugs (Licence Charges) Amendment (Cannabis‑Related Manufacture Licences) Regulations 2020 | 20 Oct 2020 (F2020L01327) | 1 Nov 2020 (s 2(1) item 1) | — |
Narcotic Drugs (Licence Charges) Amendment (Charge Amounts and Other Measures) Regulations 2021 | 15 June 2021 (F2021L00752) | 1 July 2021 (s 2(1) item 1) | — |
Narcotic Drugs (Licence Charges) Amendment (Medicinal Cannabis Licences) Regulations 2021 | 10 Dec 2021 (F2021L01752) | 24 Dec 2021 (s 2(1) item 1) | — |
Narcotic Drugs (Licence Charges) Amendment (Charge Amounts) Regulations 2023 | 24 July 2023 (F2023L01029) | 1 Aug 2023 (s 2(1) item 1) | — |
Narcotic Drugs (Licence Charges) Amendment Regulations 2024 | 6 June 2024 (F2024L00644) | 1 July 2024 (s 2(1) item 1) | — |
Narcotic Drugs (Licence Charges) Amendment (Charge Amounts) Regulations 2025 | 24 Mar 2025 (F2025L00416) | 1 July 2025 (s 2(1) item 1) | — |
Part 1 heading............................. | ad F2021L00752 |
s 2............................................. | rep LA s 48D |
s 4............................................. | am F2020L00901; F2020L01327; F2021L01752; F2023L01029 |
Part 2 heading............................. | ad F2021L00752 |
s 5............................................. | rs F2020L00901 |
am F2020L01327; F2021L01752 | |
s 6............................................. | am F2018L00318 |
rs F2020L00901 | |
am F2020L01327; F2021L00752; F2021L01752 | |
rs F2023L01029 | |
am F2024L00644; F2025L00416 | |
s 6A........................................... | ad F2023L01029 |
am F2024L00644; F2025L00416 | |
Part 3 heading............................. | ad F2021L00752 |
s 7............................................. | ad F2018L00318 |
s 8............................................. | ad F2020L00901 |
s 9............................................. | ad F2020L01327 |
s 10............................................ | ad F2021L00752 |
s 11............................................ | ad F2023L01029 |
s 12............................................ | ad F2024L00644 |
s 13............................................ | ad F2025L00416 |
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