Poisons and Narcotic Drugs (Amendment) Act 1981 (ACT)

Poisons and Narcotic Drugs (Amendment)

Ordinance 1981

No. 19 of 1981

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following

Ordinance under the Seat of Government (Administration) Act 1910.

Dated 20 August 1981.

Z E L M A N C O W E N

Governor-General

By His Excellency's Command,

M I C H A E L M A C K E L L A R

Minister of State for Health

An Ordinance to amend the Poisons and Narcotic Drugs Ordinance 1978

Short title

ment) Ordinance 1981. 1 1. This Ordinance may be cited as the Poisons and Narcotic Drugs (Amend­

Principal Ordinance

2. In this Ordinance, "Principal Ordinance" means the Poisons and

Narcotic Drugs Ordinance 1978.2

(b) is either a Schedule 4 substance or a Schedule 8 substance.

3. After Part II of the Principal Ordinance, the following part is inserted:

"PART IIA—PSYCHOTROPIC SUBSTANCES

Interpretation

"29A. In this Part—
'licence' means a licence under section 29D;

'psychotropic substance' means a substance that—

(a) is a psychotropic substance within the meaning of the Psycho­ tropic Substances Act 1976; and

Manufacture of psychotropic substances prohibited

"29B . (1) A person shall not manufacture a psychotropic substance unless

he is the holder of a licence authorizing him to manufacture the substance.

Penalty: $2,000 or imprisonment for 2 years, or both.

"(2) Nothing in sub-section (I) applies to or in relation to the manufacture of a scheduled substance that is a drug within the meaning of the Narcotic Drugs Act 1967.

"(3) Nothing in sub-section (1) applies to or in relation to the manufacture, in the ordinary course of the practice of his profession, by a medical practitioner, a veterinary surgeon or a pharmacist of a psychotropic substance.

"(4) For the purposes of this section and without limiting the meaning of

the word 'manufacture', the manufacture of a substance includes—

(a)	the carrying out of any process by means of which the substance may be obtained; and
(b)	the separation of the substance from a plant from which it may be obtained.

Application for licence

"29c. An application for the grant of a licence—
(a) shall be in writing signed by the applicant;
(b) shall be lodged with the Chairman;

(c) shall state the full name and address of the applicant;

(d)	shall specify the substance or substances in respect of which the licence is sought;
(e)	shall specify the premises at which it is proposed the substance or substances will be manufactured; and

(f) shall contain such other information (if any) as is prescribed.

Grant of licence

"29D. (1) The Chairman may grant a licence for the purposes of this

Part to a person who—

(a) has made an application in accordance with section 29c; and
(b) has paid the prescribed fee.

"(2) The Chairman may grant a licence subject to such conditions (if any)

as he thinks fit.

"(3) Where the Chairman refuses an application for a licence, he shall

notify the applicant in writing of the refusal.

"(4) For the purpose of determining an application for a licence, the

Chairman shall have regard to—

(a)

the nature of the substance or substances, as the case may be, in respect of which a licence is sought;

(b)	the qualifications of the applicant, or, where the applicant is a body corporate, persons employed or to be employed by the applicant, to carry on the manufacture of the substance or substances in respect of which the licence is sought; and
(c)	whether it would, in all the circumstances, be in the public interest for the licence to be granted.

Contents of licences

"29E . A licence shall be in writing and shall specify—
(a) the name and address of the licensee;
(b) the period for which the licence is granted;

(c) the premises to which the licence relates;

(d) each substance the manufacture of which is authorized by the licence; and

(e) the conditions (if any) to which the licence is subject.

Duration of licence

"29F. A licence, unless sooner surrendered to the Chairman or cancelled,

remains in force for such period, not exceeding one year, as is specified in the

licence.

Cancellation of licences

" 2 9 c The Chairman may cancel a licence where—

(a) the licensee has been convicted of an offence against this Ordinance; or

(b) the licensee has contravened, or failed to comply with, a condition to which the licence is subject.

Notice of cancellation of licence

"29H . (1) The Chairman shall cause notice in writing of the cancellation

of a licence to be given to the holder of the licence.

"(2) Notice for the purpose of sub-section (1) may be given by post

addressed to the holder of the licence at his place of residence or business

last known to the Chairman.

"(3) The cancellation of a licence takes effect on such date as is specified in the notice given for the purpose of sub-section (1), being a date not earlier than the date on which that notice is so given.

Appeals

"29j. (I) In this section, 'Tribunal' means the Administrative Appeals

Tribunal established by the Administrative Appeals Tribunal Act 1975.

"(2) Application may be made to the Tribunal for a review of a decision

of the Chairman—

(a) refusing to grant a licence for the purposes of this Part;
(b) granting such a licence subject to a condition; or
(c) cancelling a licence.".

Amendments of Schedule 4

4. Schedule 4 to the Principal Ordinance is amended—

(a) by inserting after the entry relating to Ether the following entries:

"Ethchlorvynol

Ethinamate"; and

(b) by inserting after the entry "Leptazol" the entry "Lefetamine".

Amendments of Schedule 12

5. Schedule 12 to the Principal Ordinance is amended—

(a)	by inserting after the entry "Diethyltryptamine" the entry " D M H P " ; and
(b)	by inserting after the entry "3,4-MethyIenedioxyamphetamine" the entry "Parahexyl".

NOTES

1. Notified in the Commonwealth	of Australia	Gazette	on 28 August 1981.
2. No . 38, 1978.