Psychotropic Substances Act 1976
No. 87, 1976
Compilation No. 4
Compilation date: 1 July 2015
Includes amendments up to: Act No. 41, 2015
Registered: 26 August 2015
About this compilation
This compilation
This is a compilation of the Psychotropic Substances Act 1976 that shows the text of the law as amended and in force on 1 July 2015 (the compilation date).
This compilation was prepared on 25 August 2015.
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on ComLaw (www.comlaw.gov.au). 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 series page on ComLaw for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on ComLaw for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
1 Short title
2 Commencement
2A General administration of Act
3 Interpretation
4 Extension of Territories
5 Approval of ratification of Convention
6 Exempt preparations
7 Provisional application of this Act to certain substances etc.
8 Amendments of the Schedules to the Convention
9 Psychotropic substances and preparations passing through Australia
10 Regulations
Schedule—Convention on Psychotropic Substances
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
An Act to Approve Ratification of the Convention on Psychotropic Substances and to give effect to that Convention with respect to certain Psychotropic Substances and Psychotropic Preparations that enter Australia in the course of Consignment from one place outside Australia to another place outside Australia
1 Short title
This Act may be cited as the Psychotropic Substances Act 1976.
2 Commencement
(1) Subject to subsection (2), this Act shall come into operation on the day on which it receives the Royal Assent.
(2) Section 9 shall come into operation on a date to be fixed by Proclamation, being a date not earlier than the date on which the Convention enters into force for Australia.
2A General administration of Act
The Comptroller‑General of Customs has the general administration of this Act.
3 Interpretation
In this Act, unless the…
Overview
The Psychotropic Substances Act 1976 was enacted to approve the ratification of the Convention on Psychotropic Substances and to give effect to that Convention with respect to certain psychotropic substances and psychotropic preparations that enter Australia in the course of consignment from one place outside Australia to another place outside Australia. The Act was passed by the Parliament of Australia and received Royal Assent on 25 August 1976. The primary objective of the Act is to regulate the importation, exportation, and transit of psychotropic substances and preparations through Australia, in alignment with the provisions of the Convention on Psychotropic Substances. The Act also outlines the powers and responsibilities of the Comptroller-General of Customs in administering the Act, including the enforcement of export authorizations and the seizure and forfeiture of psychotropic substances and preparations that are transported through Australia without proper authorization.
Scope and Application
The Psychotropic Substances Act 1976 (Cth) applies to the Commonwealth, the external territories, and to any psychotropic substances and preparations that enter Australia in the course of consignment from one place outside Australia to another place outside Australia. The Act is administered by the Comptroller-General of Customs and its provisions extend to the control and regulation of psychotropic substances and preparations in Schedules I and II of the Convention on Psychotropic Substances. This includes the requirement for export authorizations for certain psychotropic substances and preparations passing through Australia. The Act also allows for the declaration of exempt preparations, provisional application of the Act to certain substances, and amendments to the Schedules of the Convention. The Act provides for regulations to be made for carrying out or giving effect to the Act, and the Governor-General may make regulations not inconsistent with the Act.
Key Provisions
- The Psychotropic Substances Act 1976 (Act) primarily governs the importation, exportation, manufacture, trade, distribution, and possession of psychotropic substances and preparations within Australia. The Act's key sections include Section 9, which outlines the regulation of psychotropic substances passing through Australia, and Section 10, which empowers the Governor-General to make regulations for carrying out the Act's provisions. The Act imposes obligations on parties to comply with the Convention on Psychotropic Substances, including measures such as requiring licenses for manufacture, trade, and distribution, enforcing prescriptions for certain substances, and maintaining records of transactions.
- The Act also sets out various offences and penalties for breaches. For instance, Section 22 mandates that parties treat intentional actions contrary to laws or regulations adopted under the Act as punishable offences. These offences can include actions such as the manufacture, export, import, distribution, and use of controlled substances without proper authorization, possession of substances without legal authority, and failure to comply with reporting requirements. Penalties can include imprisonment or other deprivation of liberty, as well as seizure and confiscation of substances and equipment used in the commission of offences. The Act further specifies that serious offences should be liable to adequate punishment, and that certain actions, such as participation in a series of related offences, conspiracy, and preparatory acts, should also be treated as distinct offences.
- Area of Law
- International Law
- Drug Control
- Instrument
- Act
- Concepts
- Commencement Provisions
- Licensing & Registration
- Reporting & Disclosure Obligations
- Regulatory Standards
- Enforcement Powers
- Transitional Provisions
