Public Health (Medicinal Cannabis) Act 2016 (Qld)
Case
No judgment structure available for this case.
The Parliament of Queensland enacts—
Chapter 1 Preliminary
1 Short title
This Act may be cited as the Public Health (Medicinal Cannabis) Act 2016.
2 Commencement
This Act commences on a day to be fixed by proclamation.
3 Act binds all persons
(1) This Act binds all persons including the State and, as far as the legislative power of the Parliament permits, the Commonwealth and the other States.(2) Nothing in this Act makes the State, the Commonwealth or another State liable to be prosecuted for an offence against this Act.
4 Object of Act
The object of this Act is to provide for regulated access to medicinal cannabis in Queensland through—(a) the prescription of medicinal cannabis, under a system of medicinal cannabis approvals, by single-patient prescribers; and(b) the prescription of medicinal cannabis, without medicinal cannabis approvals, by patient-class prescribers.
Chapter 2 Interpretation
5 Definitions
The dictionary in schedule 1 defines particular words used in this Act.
6 Meaning of medicinal cannabis
(1) Medicinal cannabis is a cannabis product that is—(a) not an approved good; and(b) used, or is intended by the manufacturer of the product to be used, for human therapeutic purposes.In this section—approved good means a registered good or a listed good under the Therapeutic Goods Act 1989 (Cwlth).
7 Meaning of cannabis product
A cannabis product is any product—(a) that is or was any part of a plant of the genus Cannabis, whether living or dead; or(b) otherwise derived, wholly or in part, from any part of a plant of the genus Cannabis, whether living or dead; or(c) that has, or is intended by the manufacturer of the product to have, a pharmacological effect that is substantially similar to the pharmacological effect of a product mentioned in paragraph (a) or (b).
8 References to particular terms relating to medicinal cannabis approvals
If a provision of this Act applies to, or in relation to, a medicinal cannabis approval—(a) a reference in the provision to ‘the single-patient prescriber’ is a reference to the single-patient prescriber that is the holder of the approval; and(b) a reference in the provision to ‘the patient’ is a reference to the patient of the single-patient prescriber to whom the approval applies; and(c) a reference in the provision to ‘the dispensing pharmacy’ is a reference to the dispensing pharmacy stated in the approval; and(d) a reference in the provision to ‘medicinal cannabis’ is a reference to the medicinal cannabis that is the subject of the approval.
Chapter 3 Approvals
Part 1 Application for approvals
Division 1 Preliminary
9 Definitions for part
In this part—application means the following applications made under chapter 3—(a) an original application for an approval;(b) an amendment application for an approval;(c) a replacement application for an approval;(d) a renewal application for an approval, other than a medicinal cannabis approval or a clinical trial approval.information requirement notice, for an application, means a notice—(a) given to the applicant by the chief executive; and(b) stating the information the chief executive reasonably considers is required from the applicant to decide the application.
10 Suitability of person to hold approval
(1) In deciding whether a person is a suitable person to hold, or to continue to hold, an approval the chief executive may have regard to, and may make inquiries about, the following—(a) the person’s qualifications and experience;(b) the person’s character and standing;(c) whether the person engages, or has engaged, in conduct that risks, or is likely to risk, medicinal cannabis being used for a purpose that is unlawful under a law of a State or the Commonwealth;(d) the person’s knowledge and understanding of the applicant’s obligations under this Act;(e) whether the person, in the chief executive’s reasonable opinion, will be able to comply with—(i) this Act; and(ii) the conditions proposed to apply to the approval;(f) whether the person—(i) has held a similar instrument under a relevant law that was suspended, cancelled or had conditions imposed on it; or(ii) has been refused a similar instrument under a relevant law.(2) Subsection (1) does not limit the matters to which the chief executive may have regard in considering the suitability of the person to hold an approval.
11 Suitability of patient to undergo treatment with medicinal cannabis
In deciding whether a patient is a suitable person to undergo treatment with medicinal cannabis under a medicinal cannabis approval, the chief executive may have regard to the following—(a) the information in the application for approval;(b) the patient’s personal circumstances;(c) the advice of the expert advisory panel;(d) the advice of a specialist medical practitioner;(e) whether the patient, in the chief executive’s reasonable opinion, will be able to comply with—(i) this Act; and(ii) the conditions proposed to apply to the approval.
12 Approved form
An application must be in the approved form, if any.
Division 2 Particular provisions for application for medicinal cannabis approval
13 Purpose of division
This division states particular matters relating to applications for medicinal cannabis approvals.
14 Who may apply for medicinal cannabis approval
A medical practitioner may apply for an approval (a medicinal cannabis approval) to facilitate the treatment of a particular patient of the medical practitioner with medicinal cannabis.
15 Requirements before making application for medicinal cannabis approval
(1) Before the applicant makes the application, the applicant must obtain, from a person with authority to consent to treatment of the patient with medicinal cannabis, written consent to—(a) treat the patient; and(b) make the application.(2) For subsection (1), if the patient is a person with authority to consent to the treatment, the applicant must obtain the consent of the patient.
16 Opinion of specialist medical practitioner to accompany application
(1) This section applies if, before making the application, the applicant has obtained a written opinion from a specialist medical practitioner relating to the treatment of the patient with medicinal cannabis.(2) The applicant must include a copy of the opinion in the application.
Division 3 Particular provisions for application for dispensing approval
17 Purpose of division
This division states particular matters relating to applications for dispensing approvals.
18 Who may apply for dispensing approval
A pharmacist may apply for an approval (a dispensing approval) to dispense medicinal cannabis.
Division 4 Particular provisions for clinical trial approval
19 Purpose of division
This division states particular matters relating to applications for clinical trial approvals.
20 Who may apply for clinical trial approval
A person may apply for an approval (a clinical trial approval) to include medicinal cannabis, or a type or form of medicinal cannabis, in, or as part of, a clinical trial.
Division 5 Process for deciding applications
21 Consideration by the expert advisory panel
The chief executive may give all or part of an application, or the information contained in the application, to the expert advisory panel.
22 Requirement to seek opinion of specialist medical practitioner
(1) The chief executive may require the applicant for a medicinal cannabis approval to seek, in writing, an opinion from a specialist medical practitioner in a specialty the chief executive reasonably considers is related to the medical condition or associated symptoms of the patient stated in the application.(2) The opinion mentioned in subsection (1) must relate to the appropriateness and effectiveness of treating the patient’s medical condition or associated symptoms with medicinal cannabis.(3) The applicant must—(a) obtain the written opinion; and(b) if the chief executive requests a copy of the written opinion—give a copy of the opinion to the chief executive.(4) The chief executive may exercise the powers under subsection (1) and (3)(b)—(a) as many times as the chief executive reasonably considers necessary for the purpose of deciding the application; and(b) despite the applicant being a specialist medical practitioner in a specialty related to the medical condition or associated symptoms of the patient; and(c) despite the applicant having already obtained, or provided to the chief executive, a written opinion of a specialist medical practitioner relating to the treatment of the patient with medicinal cannabis.
23 Decision on application for approval
(1) The chief executive must consider an application and decide to—(a) grant the application; or(b) grant the application subject to conditions; or(c) refuse to grant the application.(2) If the chief executive decides to grant the application, the chief executive must—(a) if the application is for the grant of an approval—give the applicant the approval; or(b) if the application is an amendment application for an approval—(i) endorse the approval with the amendment; or(ii) cancel the approval and give the approval holder a new approval with the amendment; or(c) if the application is a replacement application for an approval—give the approval holder the replacement approval; or(d) if the application is a renewal application for an approval—give the approval holder the new approval.(3) If the chief executive decides to endorse or cancel an approval, the chief executive must, as soon as practicable, give the approval holder a notice requiring the approval holder to return the instrument for the approval.(4) The chief executive must give the applicant an information notice about the following decisions, as soon as practicable after the decision is made—(a) a decision to refuse to grant the application for the approval;(b) a decision to impose conditions on the approval, other than conditions sought by the applicant.
24 Criteria for grant of medicinal cannabis approval
(1) When considering an application for a medicinal cannabis approval the chief executive may consider the following—(a) whether the applicant is a suitable person to hold the approval;(b) whether the patient is a suitable person to undergo treatment with medicinal cannabis;(c) the patient’s medical condition and associated symptoms of the medical condition;(d) the form and dosage of medicinal cannabis for which the applicant intends to give a lawful direction under the approval;(e) whether treatment with medicinal cannabis can be integrated into the patient’s existing medical treatment;(f) any opinion of a specialist medical practitioner given to the chief executive under section or ;(g) alternative treatments suitable for the patient’s medical condition or associated symptoms;(h) the patient’s history of drug dependence, if any, including current use of cannabis;(i) whether the medicinal cannabis to which the approval will apply—(i) has, or will be, manufactured or imported in accordance with the applicable law of the Commonwealth; and(ii) is, or will be, approved or authorised to be supplied, for the purpose of treating the patient, in accordance with the applicable law of the Commonwealth;(j) any other information in the application for the approval;(k) any other matters the chief executive reasonably considers relevant to deciding the application.(2) Without limiting subsection (1), the chief executive may grant a medicinal cannabis approval only if the chief executive is satisfied of the following matters—(a) the applicant is a suitable person to hold the approval;(b) the patient is a suitable person to undergo treatment with medicinal cannabis;(c) the medicinal cannabis to which the approval will apply—(i) has, or will be, manufactured or imported in accordance with the applicable law of the Commonwealth; and(ii) is, or will be, able to be supplied, for the purpose of treating the patient, in accordance with the applicable law of the Commonwealth.
25 Criteria for grant or renewal of dispensing approval
(1) When considering an application for the grant or renewal of a dispensing approval the chief executive may consider the following—(a) whether the applicant is a suitable person to hold the approval;(b) the applicant’s familiarity with the use of medicinal cannabis for therapeutic purposes;(c) the location and facilities of the pharmacy from which the applicant intends to dispense medicinal cannabis;(d) any other information in the application for the approval;(e) any other matters the chief executive reasonably considers relevant to deciding the application.(2) Without limiting subsection (1), the chief executive may grant or renew a dispensing approval only if the chief executive is satisfied the applicant is a suitable person to hold the approval.
26 Criteria for grant of clinical trial approval
(1) When considering an application for a clinical trial approval the chief executive may have regard to the following—(a) whether the applicant is a suitable person to hold the approval;(b) any approval required for the clinical trial under the Therapeutic Goods Act 1989 (Cwlth);(c) whether the medicinal cannabis to which the approval will apply has, or will be, manufactured or imported in accordance with the applicable law of the Commonwealth;(d) any other information in the application for the approval;(e) any other matters the chief executive reasonably considers relevant to deciding the application.(2) Without limiting subsection (1), the chief executive may grant a clinical trial approval only if the chief executive is satisfied—(a) the applicant is a suitable person to hold the approval; and(b) the medicinal cannabis to which the approval will apply has, or will be, manufactured or imported in accordance with the applicable law of the Commonwealth.
27 Chief executive may require information or documents
(1) Before deciding an application for an approval, the chief executive may investigate the following—(a) the applicant;(b) for a medicinal cannabis approval—the patient.(2) The chief executive may give the applicant an information requirement notice—(a) for a renewal application—within 14 days after the chief executive receives the application; or(b) for another application—within 60 days after the chief executive receives the application.(3) The information requirement notice must state a reasonable period for compliance with the notice that is—(a) for a renewal application—at least 14 days after the giving of the notice; or(b) for another application—at least 30 days after the giving of the notice.(4) The information required under the information requirement notice must be verified by statutory declaration if the notice requires it.(5) The applicant is taken to have withdrawn the application if the applicant does not comply with the information requirement notice.
32 Chief executive may extend period for decision for complex application
(1) This section applies if the chief executive considers that, because of the complexity of the matters to be decided for an application, the chief executive needs extra time to consider the application.(2) The chief executive—(a) may extend the period for considering the application by the reasonable number of days the chief executive considers necessary to decide the application; and(b) must give the applicant notice of the day the extended period ends.
33 Failure to decide application
(1) Subject to subsections (2) and (3), the chief executive is taken to have refused to grant an application for an approval if the chief executive fails to decide the application—(a) for an original application for an approval—within 90 days after the chief executive receives the application; or(b) for a renewal application for an approval—within 30 days after the chief executive receives the application; or(c) for another application for an approval—within 60 days after the chief executive receives the application.(2) If the chief executive has given the applicant an information requirement notice, a period mentioned in subsection (1) starts from the day the chief executive receives the information required under the information requirement notice.(3) If the chief executive has extended the period for deciding the application for the approval under section , the chief executive is taken to have refused to grant the application if the chief executive does not decide the application within the extended period.(4) If the chief executive is, under this section, taken to have refused to grant an application, the chief executive must give the applicant for the application an information notice for the deemed refusal.
Part 2 Grant of approvals
Division 1 Grant of approvals generally
34 Standard conditions for approvals
(1) A regulation may prescribe the standard conditions that apply to an approval.(2) A regulation under subsection (1) may prescribe the standard conditions for an approval by reference to a code, guideline, protocol or standard relevant to the approval.
35 Additional or varied conditions for approvals
(1) This section applies if the chief executive reasonably believes it is necessary for an additional or varied condition to apply to an approval.(2) The chief executive may—(a) impose additional conditions for the approval; or(b) vary a standard condition prescribed by regulation by stating the variation in the instrument for the approval.
36 Term of approvals
An approval, other than a clinical trial approval, remains in force for the term, not more than 1 year, decided by the chief executive and stated in the approval, unless sooner cancelled, suspended or surrendered.
37 Transfer of approvals prohibited
An approval can not be transferred.
Division 2 Form of medicinal cannabis approval
38 Form of medicinal cannabis approval
An instrument for a medicinal cannabis approval must—(a) be in the approved form; and(b) contain the following information—(i) the single-patient prescriber’s name and professional qualifications;(ii) the name and address of the business or entity in relation to which the single-patient prescriber practises medicine;(iii) the name, residential address and date of birth of the patient;(iv) the term of the approval;(v) the conditions applying to the approval;(vi) if a TGA approval approves or authorises the supply of the medicinal cannabis for the purpose of treating the patient—details of the TGA approval;(vii) the type, form, dosage and dispensing intervals of the medicinal cannabis for which a lawful direction may be given under the approval;(viii) the name and address of the dispensing pharmacy for the approval.
Division 3 Form of dispensing approval
39 Form of dispensing approval
An instrument for a dispensing approval must—(a) be in the approved form; and(b) contain the following information—(i) the approved pharmacist’s name and professional qualifications; and(ii) the name and business address of the pharmacy from which the approved pharmacist is authorised to dispense medicinal cannabis;(iii) if another pharmacist is a secondary dispenser under the approval—the name, professional qualifications and address of the pharmacist;(iv) the term of the approval;(v) the conditions applying to the approval.
Division 4 Form of clinical trial approval
40 Form of clinical trial approval
An instrument for a clinical trial approval must—(a) be in the approved form; and(b) contain the following information—(i) the approval holder’s name and professional qualifications; and(ii) details of any approval required for the clinical trial under the Therapeutic Goods Act 1989 (Cwlth); and(iii) the term of the approval;(iv) the conditions applying to the approval.
41 Term of clinical trial approval
(1) A clinical trial approval remains in force for the term, not more than the trial period, decided by the chief executive and stated in the approval, unless sooner cancelled, suspended or surrendered.
(2) In this section—trial period, in relation to a clinical trial approval, means the period required to complete the clinical trial under the approval.
Part 3 Amendment, replacement and renewal of approvals
Division 1 Preliminary
42 Making applications
An application for the amendment, replacement or renewal of an approval must be—(a) made to the chief executive; and(b) in the approved form.
43 Process for deciding application
Subject to this chapter, an application for the amendment, replacement or renewal of an approval must be decided under part 1, division 5.
Division 2 Amendment
44 Application by holder to amend approval
The holder of an approval may apply (an amendment application for the approval) to the chief executive to amend the approval in relation to the following—(a) the things the holder, or another person, is authorised to do under the approval;(b) for a medicinal cannabis approval—the treatment, or any aspect of the treatment, authorised under the approval;(c) the conditions applying to the approval, including a standard condition prescribed by regulation.
45 Minor amendment of approval by chief executive
(1) The chief executive may decide to amend an approval, on the chief executive’s own initiative, if the amendment is only for—(a) a formal or clerical reason; or(b) another reason if the chief executive reasonably believes the amendment will not adversely affect the interests of a person to whom the approval applies.(2) The chief executive must give notice of the following to each person to whom the approval applies as soon as practicable after the chief executive decides to make the amendment—(a) the amendment decided by the chief executive;(b) the reason for the amendment;(c) if the chief executive decides to endorse the instrument for the approval—that the holder must return the instrument to the chief executive to be endorsed.
Division 3 Replacement
46 Application for replacement of approval
The holder of an approval may apply (a replacement application for the approval) for the replacement of the approval if the instrument for the approval has been damaged, destroyed, lost or stolen.
47 Criteria for deciding replacement application
The chief executive may grant the replacement application for the approval if the chief executive is reasonably satisfied the instrument for the approval has been damaged, destroyed, lost or stolen.
Division 4 Renewal
48 Application for renewal of dispensing approval
(1) The holder of a dispensing approval may apply to the chief executive to renew the approval (a renewal application for the approval) within the period starting 60 days before the term of the approval ends.(2) Despite subsection (1), the chief executive may accept a renewal application for the approval made within 30 days after the term of the approval ends if the chief executive is satisfied it is reasonable to do so in the circumstances.
49 Dispensing approval taken to be in force while renewal application considered
(1) This section applies if a renewal application for a dispensing approval is made before the approval expires.(2) The approval is taken to continue in force from the day that, apart from this section, the approval would have expired.(3) Subsection (2) applies until the application is—(a) decided under section ; or(b) taken to have been withdrawn under section .(4) However, if the application is refused, or taken to be refused under section , the approval continues in force until the information notice for the refusal is given to the applicant.(5) Subsection (2) does not apply if the approval is earlier suspended or cancelled under chapter 5, part 2.
Part 4 Return and surrender of approvals
50 Return of instrument of approval
(1) This section applies if—(a) the chief executive gives a notice to an approval holder that requires the holder to return the original instrument for the approval to the chief executive; or(b) the approval holder receives a replacement instrument for the approval and subsequently finds the original instrument for the approval.(2) The approval holder must return the original instrument for the approval to the chief executive within 1 of the following periods, unless the holder has a reasonable excuse—(a) if the holder has received a notice from the chief executive—7 days after receiving the notice;(b) if the holder finds the original instrument for the approval—as soon as practicable after finding the instrument.Maximum penalty—20 penalty units.
Chapter 4 Dealings with medicinal cannabis
Part 1 Preliminary
51 Authority subject to Act and approval
A person is authorised to perform an activity under this chapter only to the extent the person performs the activity—(a) in accordance with this Act; and(b) if an approval, or the conditions imposed on the approval, restricts or states the way in which the person must perform the activity—in accordance with the restriction or stated way; and(c) if a condition stated in a regulation made under section (1)(b) restricts or states the way in which the person must perform the activity—in accordance with the restriction or stated way.
Part 2 Medicinal cannabis prescribed by patient-class prescribers
52 Prescription of medicinal cannabis other than under medicinal cannabis approval
(1) A regulation may prescribe—(a) a class of specialist medical practitioners who may prescribe medicinal cannabis under this Act; and(b) conditions applying to the way in which the class of specialist medical practitioners may exercise the authority given to them under this chapter.(2) The regulation may also prescribe—(a) the class of patients to whom a member of the class of specialist medical practitioners mentioned in subsection (1)(a) may prescribe medicinal cannabis; and(b) the type of medicinal cannabis with which a member of the class of specialist medical practitioners, mentioned in subsection (1)(a), may treat a member of the class of patients, mentioned in paragraph (a).(3) Without limiting subsection (1)(b), a condition may do either or both of the following—(a) require members of the class of specialist medical practitioners to comply with a stated code, guideline, protocol or standard;(b) require members of the class of specialist medical practitioners to notify the chief executive if a particular thing happens.
53 Patient-class prescribers
(1) If a patient-class prescriber is satisfied an eligible patient the patient-class prescriber is treating (the patient) needs eligible medicinal cannabis for therapeutic use as a part of the patient’s medical treatment, the patient-class prescriber is authorised to give a lawful direction for the—(a) issue or supply of eligible medicinal cannabis for the purpose of treating the patient; or(b) administration of eligible medicinal cannabis to the patient.(2) The patient-class prescriber is authorised to obtain and possess compliant eligible medicinal cannabis if the patient-class prescriber is temporarily possessing the medicinal cannabis—(a) until the patient can be treated with, or use, the medicinal cannabis; and(b) only for the purpose of treating the patient.(3) The patient-class prescriber is authorised to do the following in accordance with the lawful direction—(a) supply the medicinal cannabis to the patient;(b) issue the medicinal cannabis to a carer for the patient;(c) administer the medicinal cannabis to the patient.
54 Eligible patients
(1) This section applies if a patient-class prescriber has given a lawful direction for the administration, issue or supply of eligible medicinal cannabis for the treatment of an eligible patient.(2) The patient is authorised to obtain, possess or self-administer compliant eligible medicinal cannabis in accordance with the lawful direction.(3) The patient is also authorised to issue the medicinal cannabis to the following persons—(a) the patient-class prescriber for the purpose of administering the medicinal cannabis to the patient;(b) a carer for the patient;(c) if section applies to the patient—a facilitator or a responsible person within the meaning of that section.
55 Carers
(1) A carer, for an eligible patient, is authorised to obtain and possess compliant eligible medicinal cannabis if the carer is temporarily possessing the medicinal cannabis—(a) until the patient can be treated with, or use, the medicinal cannabis; and(b) only for the purpose of treating the patient.(2) The carer is authorised to—(a) if the patient is able to self-administer the medicinal cannabis—supply the medicinal cannabis to the patient; or(b) administer the medicinal cannabis to the patient in accordance with a lawful direction for the medicinal cannabis; or(c) issue the medicinal cannabis to—(i) a patient-class prescriber for administration to the patient; or(ii) if section applies to the patient—a facilitator or a responsible person within the meaning of that section.
56 Approved pharmacists and secondary dispensers
(1) An approved pharmacist is authorised to obtain eligible medicinal cannabis and possess the medicinal cannabis at the approved pharmacist’s dispensary if the approved pharmacist is possessing the medicinal cannabis for the purpose of—(a) selling or supplying the medicinal cannabis to eligible patients; or(b) selling or issuing the medicinal cannabis to carers for eligible patients or other persons authorised to obtain and possess the medicinal cannabis.(2) The approved pharmacist, when at the dispensary, is authorised to—(a) do the following in accordance with a lawful direction for eligible medicinal cannabis—(i) sell or supply eligible medicinal cannabis to eligible patients;(ii) sell or issue eligible medicinal cannabis to carers for eligible patients or other persons authorised to obtain and possess the medicinal cannabis; and(b) manufacture eligible medicinal cannabis within the meaning of schedule 1, definition manufacture, paragraph (a)(vi) to (viii).(3) If the approved pharmacist is not at the dispensary, the secondary dispenser under the dispensing approval is authorised to possess, sell, supply, issue and manufacture eligible medicinal cannabis in accordance with subsections (1) and (2) when at the dispensary.
Part 3 Medicinal cannabis prescribed under medicinal cannabis approvals
57 Single-patient prescribers
(1) A single-patient prescriber, for a medicinal cannabis approval, is authorised to give a lawful direction for the—(a) issue or supply of the medicinal cannabis for the purpose of treating the patient; and(b) administration of the medicinal cannabis to the patient.(2) The single-patient prescriber is authorised to obtain and possess compliant medicinal cannabis if the single-patient prescriber is temporarily possessing the medicinal cannabis—(a) until the patient can be treated with, or use, the medicinal cannabis; and(b) only for the purpose of treating the patient.(3) The single-patient prescriber is authorised to do the following in accordance with the lawful direction—(a) supply the medicinal cannabis to the patient;(b) issue the medicinal cannabis to a carer for the patient;(c) administer the medicinal cannabis to the patient.
58 Approved pharmacists and secondary dispensers
(1) An approved pharmacist, working in the dispensing pharmacy for a medicinal cannabis approval, is authorised to obtain medicinal cannabis and possess the medicinal cannabis at the dispensing pharmacy if the approved pharmacist is possessing the medicinal cannabis for the purpose of—(a) selling or supplying the medicinal cannabis to the patient; or(b) selling or issuing the medicinal cannabis to a carer for the patient or another person authorised to obtain and possess the medicinal cannabis.(2) The approved pharmacist, when at the dispensing pharmacy, is authorised to—(a) do the following in accordance with a lawful direction for the medicinal cannabis—(i) sell or supply the medicinal cannabis to the patient;(ii) sell or issue the medicinal cannabis to a carer for the patient or another person authorised to obtain and possess the medicinal cannabis; and(b) manufacture medicinal cannabis within the meaning of schedule 1, definition manufacture, paragraph (a)(vi) to (viii).(3) If the approved pharmacist is not at the dispensing pharmacy, the secondary dispenser under the dispensing approval is authorised to possess, sell, supply, issue and manufacture medicinal cannabis in accordance with subsections (1) and (2) when at the dispensing pharmacy.
59 Patients
(1) The patient for a medicinal cannabis approval is authorised to obtain, possess or self-administer compliant medicinal cannabis in accordance with a lawful direction for the medicinal cannabis.(2) The patient is authorised to issue compliant medicinal cannabis to the following persons—(a) the single-patient prescriber for the purpose of administering the medicinal cannabis to the patient;(b) a carer for the patient;(c) if section applies to the patient—a facilitator or a responsible person within the meaning of that section.
60 Carers
(1) A carer, for a patient to whom a medicinal cannabis approval applies, is authorised to obtain and possess compliant medicinal cannabis if the carer is temporarily possessing the medicinal cannabis—(a) until the patient can be treated with, or use, the medicinal cannabis; and(b) only for the purpose of treating the patient.(2) The carer is authorised to—(a) if the patient is able to self-administer the medicinal cannabis—supply the medicinal cannabis to the patient; or(b) administer the medicinal cannabis to the patient in accordance with a lawful direction for the medicinal cannabis; or(c) issue the medicinal cannabis to—(i) the single-patient prescriber for administration to the patient; or(ii) if section applies to the patient—a facilitator or a responsible person within the meaning of that section.
Part 4 General provisions
61 Restricted access patients
(1) This section applies if—(a) a patient is authorised to obtain, possess or self-administer compliant medicinal cannabis; and(b) the patient is not reasonably able to obtain, possess or self-administer the medicinal cannabis because of the patient’s age, medical condition or location; and(c) a carer for the patient is not reasonably able to administer or supply the medicinal cannabis to the patient because of the patient’s medical condition or location.Examples for subsection (1)—
1 The patient is in a remote location and is not reasonably able to obtain compliant medicinal cannabis from a pharmacy.2 The patient is not reasonably able to obtain, possess or self-administer compliant medicinal cannabis because the patient—(a) is in a hospital; or(b) is detained in a detention centre, prison, watch house or police establishment; or(c) lives in a nursing home; or(d) is in the care of an out-of-home care service.(2) A person (a facilitator) who is an adult, and who has regular access to the patient, is authorised to obtain and possess the medicinal cannabis if the facilitator is temporarily possessing the medicinal cannabis—(a) until the patient can be treated with, or use, the medicinal cannabis; and(b) only for the purpose of treating the patient.(3) The facilitator is authorised to—(a) if the patient is able to self-administer the medicinal cannabis—supply the medicinal cannabis to the patient; or(b) issue the medicinal cannabis to another facilitator, who is a health practitioner, a trainee health practitioner or a prescribed person treating the patient, for administration to the patient; or(c) if the facilitator is a health practitioner, a trainee health practitioner or a prescribed person treating the patient—administer the medicinal cannabis to the patient in accordance with a lawful direction for the medicinal cannabis.(4) If this section applies because the patient is in the care of an institution, a responsible person for the institution is authorised to—(a) obtain the medicinal cannabis and possess it at the premises of the institution while the patient is in the care of the institution; and(b) issue the medicinal cannabis to a facilitator, who works at the institution, for treatment of the patient.(5) If the facilitator is a trainee health practitioner, the facilitator must only administer the medicinal cannabis to the patient under the personal supervision of another facilitator who is a health practitioner treating the patient.(6) A regulation may prescribe conditions for the administration of medicinal cannabis by prescribed persons under this section.(7) In this section—controlled drug see the Health Act 1937, section 5.out-of-home care service means an entity mentioned in the Child Protection Act 1999, section 82(1).prescribed person means a person who is a member of a class of persons prescribed by regulation for this section.responsible person, for an institution, means—(a) a person in charge of the institution; or(b) a person in charge of the provision of health care for the institution; or(c) a person in charge of dispensing controlled drugs for the institution.
62 Carriers
(1) To the extent necessary to transport and deliver medicinal cannabis, the following persons are authorised to possess the medicinal cannabis—(a) a person engaged by a single-patient prescriber, a lawful manufacturer or the chief executive to transport and deliver medicinal cannabis that is the subject of a medicinal cannabis approval to—(i) the single-patient prescriber; or(ii) a dispensing pharmacy;(b) a person engaged to deliver eligible medicinal cannabis to a dispensary;(c) a person engaged by a patient, a carer for the patient or the chief executive to transport and deliver the medicinal cannabis to a facilitator, or a responsible person for an institution, with authority to deal with the medicinal cannabis under section ;(d) a person engaged by an authorised person, a State analyst or the chief executive to transport and deliver the medicinal cannabis to a person authorised to possess the medicinal cannabis;(e) an adult acting for a person who is engaged under paragraphs (a) to (d) to transport and deliver the medicinal cannabis.(2) In this section—lawful manufacturer means a person who is, in accordance with the applicable law of the Commonwealth, authorised to manufacture medicinal cannabis.patient means—(a) a patient to whom a medicinal cannabis approval applies; or(b) a person being treated with eligible medicinal cannabis in accordance with a lawful direction of a patient-class prescriber.
63 Authorised persons
To the extent necessary to perform an authorised person’s official duties, an authorised person is authorised—(a) to obtain medicinal cannabis; or(b) to possess medicinal cannabis; or(c) in a disaster or emergency situation—to destroy medicinal cannabis.
64 State analysts
(1) To the extent necessary to perform a State analyst’s official duties, a State analyst is authorised to—(a) obtain medicinal cannabis; or(b) possess medicinal cannabis at the place where the analyst is performing official duties; or(c) use medicinal cannabis for official purposes or destroy it.(2) A trainee State analyst under the personal supervision of a State analyst is authorised to—(a) obtain medicinal cannabis; or(b) possess medicinal cannabis at the place where the trainee is performing official duties; or(c) use medicinal cannabis for official purposes or destroy it.
65 State forensic and scientific service facilities
(1) To the extent necessary to perform the person’s official duties, the person in charge of a forensic and scientific facility operated by the State is authorised to—(a) possess medicinal cannabis; or(b) destroy medicinal cannabis.(2) The person in charge may delegate the authority to an appropriately qualified officer of the department.
66 Approved clinical trials
(1) A person is authorised to possess, obtain, dispense, issue, supply, sell, administer or self-administer medicinal cannabis approved for use in an approved clinical trial under a clinical trial approval.
(2) A medical practitioner is authorised to give a lawful direction for medicinal cannabis approved for use in an approved clinical trial under a clinical trial approval.(3) The authority mentioned in subsections (1) and (2) must only be exercised—(a) to the extent necessary for carrying out the trial; and(b) for the purpose of treating a patient taking part in the trial with the medicinal cannabis; and(c) in accordance with—(i) the clinical trial approval; and(ii) any approval required for the clinical trial under the Therapeutic Goods Act 1989 (Cwlth); and(iii) in relation to the dispensing, supplying or administration of medicinal cannabis to a patient, or the obtaining, possession and self-administration of medicinal cannabis by the patient—a lawful direction given in relation to the patient under subsection (2).
67 Use of instruments or things to administer medicinal cannabis
(1) This section applies to a person who is authorised under this chapter to administer medicinal cannabis or self-administer medicinal cannabis.(2) For the purpose of administering or self-administering the medicinal cannabis, the person is authorised to use—(a) for medicinal cannabis that is the subject of a medicinal cannabis approval—any instrument or thing, used for administering medicinal cannabis, stated in the approval; or(b) for eligible medicinal cannabis—(i) if a condition stated in a regulation made under section (1)(b) states or restricts the instruments or things that may be used to administer or self-administer the medicinal cannabis—an instrument or thing that complies with the condition; or(ii) otherwise—any instrument or thing used for administering medicinal cannabis.
68 Regulation may prescribe authority
(1) An eligible person is authorised to deal with medicinal cannabis—(a) in a way (an authorised way) prescribed by regulation for the class of persons of which the person is a member; and(b) subject to any conditions prescribed by regulation for the authorised way or the class of persons.(2) Without limiting subsection (1)(b), a condition may do either or both of the following—(a) require an eligible person to comply with a stated code, guideline, protocol or standard;(b) require an eligible person to notify the chief executive if a particular thing happens.(3) In this section—eligible person means a person who is a member of any of the following classes of persons—(a) health practitioners;(b) trainee health practitioners;(c) a class of persons prescribed by regulation—Hospital and Health Service means a Hospital and Health Service established under the Hospital and Health Boards Act 2011.(i) who are persons required to deal with medicinal cannabis in the course of their occupation or engagement in an institution or a Hospital and Health Service; or(ii) who otherwise deal with medicinal cannabis.
Chapter 5 Managing medicinal cannabis
Part 1 Medicinal cannabis management plans
69 What is a medicinal cannabis management plan
A medicinal cannabis management plan, for an entity, is a document that sets out a plan for managing known and foreseeable risks associated with the entity, or a person employed or engaged by the entity, performing an activity (the relevant activity) that—(a) involves medicinal cannabis; and(b) the entity or person is authorised to perform under this Act.
70 What must be included in plan
(1) A medicinal cannabis management plan for an entity must state the following—(a) the day on which the plan starts;(b) the relevant activity to be performed by the entity or person;(c) the location where the medicinal cannabis will be stored or used to perform the relevant activity;(d) details of the known or foreseeable risks associated with the medicinal cannabis and the relevant activity;(e) the measures to be taken to manage the risks mentioned in paragraph (d);(f) the way in which the effectiveness of the plan will be monitored;(g) the persons to whom the plan applies;(h) the information, training and instruction to be provided to the persons to whom the plan applies, including the way in which the persons are informed of changes to the plan;(i) when and how the plan must be reviewed;(j) the individual responsible for making, implementing and reviewing the plan.(2) The medicinal cannabis management plan must—(a) be written in a way likely to be understood easily by persons to whom the plan applies; and(b) be signed by the individual mentioned in subsection (1)(j).(3) A medicinal cannabis management plan may deal with more than 1 relevant activity.(4) A regulation may prescribe additional matters to be dealt with in a medicinal cannabis management plan, including, for example—(a) the minimum standards or performance indicators to be included in a plan to deliver particular risk management outcomes; and(b) the minimum requirements for reviewing a plan.
71 Who must make plan
(1) Each of the following entities must make a medicinal cannabis management plan—(a) a single-patient prescriber if the single-patient prescriber is required, as a condition of the single-patient prescriber’s medicinal cannabis approval, to make a medicinal cannabis management plan;(b) a patient-class prescriber if the patient-class prescriber—(i) prescribes or administers medicinal cannabis under chapter 4, part 2; and(ii) is required, under a condition in a regulation made under section (1)(b), to make a medicinal cannabis management plan;(c) an approved pharmacist if the pharmacist is required, as a condition of the pharmacist’s dispensing approval, to make a medicinal cannabis management plan;(d) if a responsible person for an institution is intending to exercise the authority mentioned in section (4)—the responsible person.(2) A regulation may prescribe additional entities that must make medicinal cannabis management plans for dealing with particular relevant activities.
72 Making and notifying plan
(1) An entity required to make a medicinal cannabis management plan to perform a relevant activity must make the plan before the activity is performed.Maximum penalty—500 penalty units.
(2) The entity must notify the chief executive, in the approved form, of the following matters as soon as practicable after the medicinal cannabis management plan has been made—(a) when the medicinal cannabis management plan starts;(b) when the relevant activity dealt with by the plan will be performed for the first time.Maximum penalty—50 penalty units.
73 Persons to be informed of plan
An entity that has made a medicinal cannabis management plan must take reasonable steps to—(a) inform persons to whom the plan applies about the contents of the plan; and(b) ensure those persons comply with the plan.Maximum penalty—200 penalty units.
74 Review of plan
An entity that has made a medicinal cannabis management plan must review the plan—(a) in accordance with the terms of the plan; and(b) in accordance with any requirements prescribed by regulation; and(c) not more than 5 years after the day the plan starts.Maximum penalty—200 penalty units.
75 Offence for failure to comply with plan
(1) A person to whom a medicinal cannabis management plan applies must comply with the plan, unless the person has a reasonable excuse.Maximum penalty—100 penalty units.
(2) In a proceeding for an offence against subsection (1), it is a defence for the person to prove the person—(a) was not informed about the contents of the medicinal cannabis management plan; or(b) took all reasonable steps to comply with the plan.
Part 2 Administrative action
76 Definitions for part
In this part—administrative action, in relation to an approval, means—(a) suspension of the approval; or(b) cancellation of the approval; or(c) variation of the approval; or(d) imposition of conditions on the approval.
77 Grounds for action to be taken
Each of the following is a ground for the chief executive to take administrative action in relation to an approval—(a) the approval holder has contravened this Act or a condition of the approval;(b) for a medicinal cannabis approval—(i) the chief executive reasonably believes the administrative action is necessary to ensure the welfare of the patient; or(ii) the patient or a carer for the patient has contravened this Act or a condition of the approval applying to the patient or the carer; or(iii) the patient is not, or is no longer, suitable to undergo treatment with medicinal cannabis;(c) the chief executive believes the administrative action is necessary to prevent or minimise a diversion risk or a substance risk;(d) the approval holder is not, or is no longer, suitable to hold the approval;(e) any of the following persons made a materially false or misleading representation or declaration to obtain the approval—(i) generally—the approval holder; or(ii) for a medicinal cannabis approval— a carer for the patient or a person with authority to consent to the patient’s treatment with medicinal cannabis.
78 Show cause notice
(1) This section applies if—(a) the chief executive reasonably believes a ground exists to take administrative action in relation to an approval; and(b) the approval holder—(i) has been given a compliance notice about the matter to which the ground relates and the holder has failed, without reasonable excuse, to comply with the notice; or(ii) has not been given, and it is not intended to give the holder, a compliance notice about the matter to which the ground relates.(2) The chief executive must give the approval holder a notice under this section (a show cause notice).(3) The show cause notice must state the following—(a) the administrative action (the proposed action) in relation to the approval the chief executive proposes to take;(b) the grounds for the proposed action;(c) an outline of the facts and circumstances forming the basis for the grounds;(d) if the proposed action is a suspension of the approval—the proposed suspension period;(e) if the proposed action is a variation of the approval—details of the variation;(f) if the proposed action is the imposition of conditions—details of the conditions;(g) an invitation to the approval holder to show within a stated period (the show cause period) why the proposed action should not be taken.(4) The show cause period must be a period ending not less than 21 days after the show cause notice is given to the approval holder.
79 Representations about show cause notices
(1) The approval holder may make written representations to the chief executive about the show cause notice given to the holder within the show cause period for the notice.(2) The chief executive must consider all representations (the accepted representations) made under subsection (1).
80 Ending show cause process without further action
(1) This section applies if, after considering the accepted representations from the approval holder for the show cause notice, the chief executive no longer believes a ground exists to take administrative action in relation to the approval.(2) The chief executive must not take any further action about the show cause notice.(3) The chief executive must give notice to the holder that no further action is to be taken about the show cause notice.
81 Decision to take administrative action
(1) This section applies if, after considering the accepted representations from the approval holder for the show cause notice, the chief executive—(a) still reasonably believes a ground exists to take administrative action in relation to the approval; and(b) reasonably believes the administrative action is warranted.(2) This section also applies if there are no accepted representations for the show cause notice.(3) The chief executive may decide—(a) if the proposed action stated in the show cause notice was to suspend the approval for a stated period—to suspend the approval for no longer than the stated period; or(b) if the proposed action stated in the show cause notice was to cancel the approval—to either cancel the approval or suspend it for a period; or(c) if the proposed action stated in the show cause notice was to vary the approval—to either vary the approval as proposed or vary the approval in a less onerous way; or(d) if the proposed action stated in the show cause notice was to impose conditions on the approval—to either impose the conditions proposed or impose less onerous conditions on the approval.(4) As soon as practicable after making the decision, the chief executive must give an information notice about the decision to the approval holder.(5) The decision takes effect on—(a) the day the information notice is given to the holder; or(b) if a later day of effect is stated in the information notice—the later day.
82 Immediate administrative action
(1) The chief executive may decide to immediately take administrative action in relation to an approval if the chief executive reasonably believes—(a) a ground exists to take the administrative action in relation to the approval; and(b) it is necessary to take the administrative action immediately because there is an imminent and serious risk to the life, health or safety of a person.(2) The administrative action in relation to the approval—(a) takes effect when both of the following notices are given to the approval holder—(i) a show cause notice for the administrative action;(ii) an information notice for the chief executive’s decision to take the action; and(b) continues in effect until the earliest of the following—(i) the chief executive decides to stop the administrative action;(ii) the show cause notice is finally dealt with;(iii) 60 days after the day the notices were given to the holder.
83 Additional power for immediate amendment or cancellation of medicinal cannabis approval
(1) The chief executive may also decide to—(a) amend a medicinal cannabis approval immediately if—(i) the chief executive is reasonably satisfied the immediate amendment is reasonably necessary in the circumstances; or(ii) the expert advisory panel recommends the immediate amendment of the approval; or(b) cancel a medicinal cannabis approval immediately if the chief executive is reasonably satisfied—(i) the approval holder (the first approval holder) has ceased to treat the patient to whom the approval relates; and(ii) it is reasonably necessary, for the welfare of the patient, for the chief executive to urgently give a medicinal cannabis approval that relates to the patient to a person other than the first approval holder.(2) The amendment or cancellation takes effect on—(a) the day an information notice for the chief executive’s decision is given to the approval holder; or(b) if a later day of effect is stated in the information notice—the later day.(3) For subsection (1)(b)(i), the chief executive may be reasonably satisfied the first approval holder has ceased to treat a patient, whether or not the chief executive has regard to—(a) the reason the treatment ceased; or(b) when the holder last treated the patient.
84 Chief executive to give notice of administrative action to boards
(1) This section applies if—(a) the chief executive takes administrative action in relation to an approval; and(b) the profession in which the approval holder is registered has a board.(2) The chief executive must, as soon as practicable after taking the administrative action, give written notice about the administrative action to the approval holder’s board.
85 Chief executive may inform boards about particular matters
(1) This section applies if—(a) the chief executive reasonably believes—(i) the holder of an approval, or a patient-class prescriber, has committed an offence against this Act: or(ii) a ground exists to take administrative action in relation to an approval; and(b) the profession in which the approval holder, or the patient-class prescriber, is registered has a board.(2) The chief executive may give information about the belief, including the grounds for the belief, to the board.
Part 3 Compliance notices
86 Giving a compliance notice
(1) This section applies if the chief executive or an authorised person reasonably believes—(a) a person (the contravener) has contravened a provision of this Act or a condition of an approval in circumstances that make it likely the contravention will continue or be repeated; and(b) a matter relating to the contravention is reasonably capable of being rectified; and(c) it is appropriate to give the contravener an opportunity to rectify the matter.(2) The chief executive or authorised person may give the contravener a notice (a compliance notice) requiring the contravener to rectify the matter.Note—
Failure to comply with a compliance notice is an offence under section .
87 Content of compliance notice
The compliance notice must state the following—(a) that the chief executive or authorised person reasonably believes the contravener has contravened a provision of this Act or a condition of an approval in circumstances that make it likely the contravention will continue or be repeated;(b) the provision or condition the chief executive or authorised person believes has been contravened;(c) briefly, how it is believed the provision or condition has been contravened;(d) the matter relating to the contravention that the chief executive or authorised person believes is reasonably capable of being rectified;(e) the reasonable steps the contravener must take to rectify the matter;(f) that the contravener must take the steps within a stated period that is reasonable, having regard to any diversion risks or substance risks posed by the contravention;(g) that it is an offence to fail to comply with the compliance notice unless the contravener has a reasonable excuse.
Part 4 Medicinal cannabis register
88 Chief executive to keep register
The chief executive must keep a register about—(a) approvals; and(b) administrative action taken in relation to persons who hold, or have held, approvals.
89 Content of register—approvals
The register must contain the following particulars for each approval—(a) any identification number allocated to the approval;(b) the name of the approval holder;(c) for a medicinal cannabis approval—the name of—(i) the patient; and(ii) the dispensing pharmacy; and(d) for a dispensing approval—the name of any secondary dispenser for the approval;(e) the type of the approval;(f) the term of the approval;(g) the conditions applying to the approval.
90 Content of register—administrative action
The register must contain the following particulars for each person in relation to whom administrative action has been taken—(a) the name of the person;(b) a general description of the administrative action taken in relation to the person.
91 Register not to be made public
(1) The register must not be made available to the public.(2) If asked by the commissioner of the police service, the chief executive may give the commissioner information contained in the register.
Chapter 6 Offences
92 Offence to perform regulated activities for medicinal cannabis
(1) A person must not—(a) perform, or attempt to perform, a regulated activity for medicinal cannabis; or(b) agree to perform, or otherwise offer to perform, a regulated activity for medicinal cannabis.Maximum penalty—750 penalty units.
(2) A person does not commit an offence against subsection (1) if the person—(a) is authorised to perform the regulated activity under this Act or another Act; or(b) if the regulated activity is manufacturing medicinal cannabis—is, in accordance with the applicable law of the Commonwealth, authorised to manufacture medicinal cannabis; or(c) has a reasonable excuse.(3) For subsection (1), the following are immaterial—(a) the quantity of medicinal cannabis involved in the regulated activity;(b) if the regulated activity involves the interaction of two or more persons—whether or not—(i) the persons are in the same place at the same time; or
(ii) the interaction is by indirect means such as the internet, email, phone, fax, mail order or a vending machine;(c) in relation to a regulated activity other than possession of medicinal cannabis—whether or not the person performing the regulated activity is authorised to possess medicinal cannabis.(4) In this section—regulated activity, for medicinal cannabis, means—(a) giving, or purporting to give, a lawful direction for medicinal cannabis; or(b) possessing medicinal cannabis; or(c) obtaining medicinal cannabis; or(d) manufacturing medicinal cannabis; or(e) issuing, supplying or selling medicinal cannabis; or(f) administering or self-administering medicinal cannabis; or(g) destroying medicinal cannabis; or(h) otherwise disposing of medicinal cannabis as waste.
93 Misuse of lawful direction for medicinal cannabis
(1) A person must not obtain, or attempt to obtain, medicinal cannabis by using 1 or more of the following documents—(a) a document the person has prepared, if the person is not a single-patient prescriber or a patient-class prescriber;(b) a document the person knows has been prepared by someone who is not a single-patient prescriber or a patient-class prescriber;(c) a written lawful direction the person knows falsely states the name or residential address of the patient to be treated under the lawful direction;(d) a written lawful direction the person knows has been changed in any way by someone other than—(i) the single-patient prescriber, or patient-class prescriber, for the lawful direction; or(ii) a pharmacist authorised to dispense medicinal cannabis for the lawful direction.Maximum penalty—100 penalty units.
(2) The following persons must not prepare a written lawful direction for medicinal cannabis in the person’s own name, unless the person has a reasonable excuse—(a) a single-patient prescriber;(b) a patient-class prescriber.Maximum penalty—100 penalty units.
(3) A person must not change a written lawful direction for medicinal cannabis in any way, unless the person is—(a) the single-patient prescriber, or patient-class prescriber, for the lawful direction; or(b) a pharmacist authorised to dispense medicinal cannabis for the lawful direction.Maximum penalty—100 penalty units.
(4) A person does not commit an offence against subsection (3) if the person—(a) accidentally makes a change to the lawful direction; and(b) takes reasonable steps to rectify the change.(5) In this section—single-patient prescriber, for a lawful direction, means the single-patient prescriber who prepared the lawful direction in accordance with this Act and the medicinal cannabis approval for the medicinal cannabis.patient-class prescriber, for a lawful direction, means the patient-class prescriber who prepared the lawful direction in accordance with this Act.
94 Offence for false or misleading statements or documents
A person must not state anything, or give a document containing information, the person knows is false or misleading in a material particular—(a) in relation to—(i) an application for an approval under this Act; or(ii) an application for the amendment, replacement or renewal of an approval under this Act; or(iii) a response to a request for information under this Act from the chief executive; or(b) for the purpose of obtaining a lawful direction for medicinal cannabis.Maximum penalty—50 penalty units.
95 Offence for failure to comply with approval conditions
A person must comply with the conditions of an approval that apply to the person, unless the person has a reasonable excuse.Maximum penalty—200 penalty units.
96 Offence for failure to comply with compliance notice
A person given a compliance notice must comply with the notice, unless the person has a reasonable excuse.Maximum penalty—200 penalty units.
Note—
See chapter 5, part 3 about when the chief executive or an authorised person may give a compliance notice.
97 Offence for failure to comply with recall order
A person to whom the requirements of a recall order apply must comply with the requirements, unless the person has a reasonable excuse.Maximum penalty—500 penalty units.
Note—
See chapter 7, part 6, division 1 about the making of recall orders by the chief executive.
98 State officers not liable for an offence
(1) Nothing in this chapter makes the following persons liable for an offence for an act done, or omission made, honestly and without negligence, in the performance of the person’s function under this Act or another law—(a) an authorised person;(b) a State analyst or trainee State analyst;(c) a person employed or engaged by a forensic and scientific facility operated by the State;(d) a person authorised by another law to deal with medicinal cannabis in performing the person’s functions under that law.Example—
a drug control officer within the meaning of the Police Powers and Responsibilities Act 2000, section 726 or the Corrective Services Act 2006, section 344B(2) In this section—function includes power and responsibility.
Chapter 7 Monitoring, investigations and enforcement
Part 1 General provisions about authorised persons
Division 1 Appointment of authorised persons
99 Authorised persons under chapter
This chapter includes provision for the appointment of authorised persons, and gives authorised persons particular powers.
100 Functions of authorised persons
An authorised person has the following functions—(a) to investigate, monitor and enforce compliance with this Act;(b) to investigate or monitor whether an occasion has arisen for the exercise of powers under this Act;(c) to facilitate the exercise of powers under this Act.
101 Appointment and qualifications
(1) The chief executive may, by instrument in writing, appoint any of the following persons as authorised persons—(a) a public service employee;(b) other persons prescribed by regulation.(2) However, the chief executive may appoint a person as an authorised person only if the chief executive is satisfied the person is appropriately qualified.
102 Appointment conditions and limit on powers
(1) An authorised person holds office on any conditions stated in—(a) the authorised person’s instrument of appointment; or(b) a signed notice given to the authorised person; or(c) a regulation.(2) The instrument of appointment, a signed notice given to the authorised person or a regulation may limit the authorised person’s powers.(3) In this section—signed notice means a notice signed by the chief executive.
103 When office ends
(1) The office of a person as an authorised person ends if any of the following happens—(a) the term of office stated in a condition of office ends;(b) under another condition of office, the office ends;(c) the authorised person’s resignation under section takes effect.(2) Subsection (1) does not limit the ways the office of a person as an authorised person ends.(3) In this section—condition of office means a condition under which the authorised person holds office.
104 Resignation
An authorised person may resign by signed notice given to the chief executive.
Division 2 Identity cards
105 Issue of identity card
(1) The chief executive must issue an identity card to each authorised person.(2) The identity card must—(a) contain a recent photo of the authorised person; and(b) contain a copy of the authorised person’s signature; and(c) identify the person as an authorised person under this Act; and(d) state an expiry date for the card.(3) This section does not prevent the issue of a single identity card to a person for this Act and other purposes.
106 Production or display of identity card
(1) In exercising a power in relation to a person in the person’s presence, an authorised person must—(a) produce the authorised person’s identity card for the person’s inspection before exercising the power; or(b) have the identity card displayed so it is clearly visible to the person when exercising the power.(2) However, if it is not practicable to comply with subsection (1), the authorised person must produce the identity card for the person’s inspection at the first reasonable opportunity.(3) For subsection (1), an authorised person does not exercise a power in relation to a person only because the authorised person has entered a place as mentioned in section (1)(b) or (d).
107 Return of identity card
If the office of a person as an authorised person ends, the person must return the person’s identity card to the chief executive within 21 days after the office ends unless the person has a reasonable excuse.Maximum penalty—20 penalty units.
Division 3 Preliminary
108 References to exercise of powers
If—(a) a provision of this chapter refers to the exercise of a power by an authorised person; and(b) there is no reference to a specific power;the reference is to the exercise of all or any authorised persons’ powers under this chapter or a warrant, to the extent the powers are relevant.
109 Reference to document includes reference to reproductions from electronic document
A reference in this chapter to a document includes a reference to an image or writing—(a) produced from an electronic document; or(b) not yet produced, but reasonably capable of being produced, from an electronic document, with or without the aid of another article or device.
Part 2 Entry of places by authorised persons
Division 1 Power to enter
110 General power to enter places
(1) An authorised person may enter a place if—(a) an occupier at the place consents under division 2 to the entry and section has been complied with for the occupier; or(b) it is a public place and the entry is made when the place is open to the public; or(c) the entry is authorised under a warrant and, if there is an occupier of the place, section has been complied with for the occupier; or(d) the place is a dispensary, or the address of the business or entity in relation to which a single-patient prescriber or a patient-class prescriber practices medicine, and is—(i) open for carrying on business; or(ii) otherwise open for entry; or(iii) required to be open for inspection under this Act or an approval; or(e) the entry is authorised under section .(2) For subsection (1)(d) and (e), entry to a place does not include entry to a part of the place where a person resides without the person’s consent or a warrant.(3) If the power to enter arose only because an occupier of the place consented to the entry, the power is subject to any conditions of the consent and ceases if the consent is withdrawn.(4) The consent may provide consent for re-entry and is subject to the conditions of consent.(5) If the power to enter is under a warrant, the power is subject to the terms of the warrant.(6) If the power to re-enter is under a warrant, the re-entry is subject to the terms of the warrant.
111 Power to enter place to check compliance with notice or order
(1) This section applies if a person has been given a compliance notice or recall order in relation to medicinal cannabis at a place.(2) An authorised person may, at reasonable times, enter the place to check whether the compliance notice or recall order has been complied with.Notes—
1 See, however, the restrictions on entry under section (2).2 See section for the procedure for entry under this section.
Division 2 Entry by consent
112 Application of division
This division applies if an authorised person intends to ask an occupier of a place to consent to the authorised person or another authorised person entering the place.
113 Incidental entry to ask for access
For the purpose of asking the occupier for the consent, an authorised person may, without the occupier’s consent or a warrant—(a) enter land around premises at the place to an extent that is reasonable to contact the occupier; or(b) enter part of the place the authorised person reasonably considers members of the public ordinarily are allowed to enter when they wish to contact an occupier of the place.
114 Matters authorised person must tell occupier
Before asking for the consent, the authorised person must give a reasonable explanation to the occupier—(a) about the purpose of the entry, including the powers intended to be exercised; and(b) that the occupier is not required to consent; and(c) that the consent may be given subject to conditions and may be withdrawn at any time.
115 Consent acknowledgement
(1) If the consent is given, the authorised person may ask the occupier to sign an acknowledgement of the consent.(2) The acknowledgement must state—(a) the purpose of the entry, including the powers to be exercised; and(b) the following has been explained to the occupier—(i) the purpose of the entry, including the powers intended to be exercised;(ii) that the occupier is not required to consent;(iii) that the consent may be given subject to conditions and may be withdrawn at any time; and(c) the occupier gives the authorised person or another authorised person consent to enter the place and exercise the powers; and(d) the time and day the consent was given; and(e) any conditions of the consent.(3) If the occupier signs the acknowledgement, the authorised person must immediately give a copy to the occupier.(4) If—(a) an issue arises in a proceeding about whether the occupier consented to the entry; and(b) a signed acknowledgement complying with subsection (2) for the entry is not produced in evidence;the onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented.
Division 3 Entry for checking compliance
116 Entry of place under s
(1) This section applies to an authorised person intending to enter a place under section .(2) The authorised person must, before entering the place, make a reasonable attempt to locate an occupier and obtain the occupier’s consent to the entry.Note—
See division 2 about entry by consent.(3) If the occupier refuses consent to enter, the authorised person must not enter the place unless the entry is under a warrant.(4) If the authorised person is unable to locate an occupier after making a reasonable attempt to do so, the authorised person may enter the place.(5) If the authorised person enters the place after being unable to locate an occupier, the authorised person must leave a notice in a conspicuous position and in a reasonably secure way stating the date, time and purpose of the entry.
Division 4 Entry under warrant
Subdivision 1 Obtaining warrant
117 Application for warrant
(1) An authorised person may apply to a magistrate for a warrant for a place.(2) The authorised person must prepare a written application that states the grounds on which the warrant is sought.(3) The written application must be sworn.(4) The magistrate may refuse to consider the application until the authorised person gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.Example—
The magistrate may require additional information supporting the written application to be given by statutory declaration.
118 Issue of warrant
(1) The magistrate may issue the warrant for the place only if the magistrate is satisfied there are reasonable grounds for suspecting that there is at the place, or will be at the place within the next 7 days, a particular thing or activity that may provide evidence of an offence against this Act.(2) The warrant must state—(a) the place to which the warrant applies; and(b) that an authorised person may with necessary and reasonable help and force—(i) enter the place and any other place necessary for entry to the place; and(ii) exercise the authorised person’s powers; and(c) particulars of the offence that the magistrate considers appropriate; and(d) the name of the person suspected of having committed the offence unless the name is unknown or the magistrate considers it inappropriate to state the name; and(e) the evidence that may be seized under the warrant; and(f) the hours of the day or night when the place may be entered; and(g) the magistrate’s name; and(h) the day and time of the warrant’s issue; and(i) the day, within 14 days after the warrant’s issue, the warrant ends, unless the warrant allows for re-entry of a place under subsection (3).(3) If the warrant relates to a diversion risk or a substance risk for medicinal cannabis, the warrant may also state that an authorised person may enter the place again to check compliance with a disposal order for the medicinal cannabis issued as a result of the authorised person’s entry of the place under the warrant.(4) To the extent that the warrant allows for the re-entry of a place as mentioned in subsection (3), it expires on—(a) the day that is 7 days after the expiration of the period stated in the disposal order for completing the steps stated in the order; or(b) if an earlier day is stipulated in the warrant, that day.
119 Electronic application
(1) An application under section may be made by phone, fax, email, radio, videoconferencing or another form of electronic communication if the authorised person reasonably considers it necessary because of—(a) urgent circumstances; or(b) other special circumstances, including, for example, the authorised person’s remote location.(2) The application—(a) may not be made before the authorised person prepares the written application under section (2); but(b) may be made before the written application is sworn.
120 Additional procedure if electronic application
(1) For an application made under section , the magistrate may issue the warrant (the original warrant) only if the magistrate is satisfied—(a) it was necessary to make the application under section ; and(b) the way the application was made under section was appropriate.(2) After the magistrate issues the original warrant—(a) if there is a reasonably practicable way of immediately giving a copy of the warrant to the authorised person, including, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the authorised person; or(b) otherwise—(i) the magistrate must tell the authorised person the information mentioned in section (2); and(ii) the authorised person must complete a form of warrant, including by writing on it the information mentioned in section (2) provided by the magistrate.(3) The copy of the warrant mentioned in subsection (2)(a), or the form of warrant completed under subsection (2)(b) (in either case the duplicate warrant), is a duplicate of, and as effectual as, the original warrant.(4) The authorised person must, at the first reasonable opportunity, send to the magistrate—(a) the written application complying with section (2) and (3); and(b) if the authorised person completed a form of warrant under subsection (2)(b), the completed form of warrant.(5) The magistrate must keep the original warrant and, on receiving the documents under subsection (4)—(a) attach the documents to the original warrant; and(b) give the original warrant and documents to the clerk of the court of the relevant magistrates court.(6) Despite subsection (3), if—(a) an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and(b) the original warrant is not produced in evidence;the onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a warrant authorised the exercise of the power.(7) This section does not limit section .(8) In this section—relevant magistrates court, in relation to a magistrate, means the Magistrates Court that the magistrate constitutes under the Magistrates Act 1991.
121 Defect in relation to a warrant
(1) A warrant is not invalidated by a defect in—(a) the warrant; or(b) compliance with this subdivision;unless the defect affects the substance of the warrant in a material particular.(2) In this section—warrant includes a duplicate warrant mentioned in section (3).
(1) This section applies in a proceeding for an offence against this Act.(2) If it is relevant to prove a person’s state of mind about a particular act or omission, it is enough to show—(a) the act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and(b) the representative had the state of mind.(3) An act done or omitted to be done for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves the person could not, by the exercise of reasonable diligence, have prevented the act or omission.(4) In this section—representative means—(a) for a corporation—an executive officer, employee or agent of the corporation; or(b) for an individual—an employee or agent of the individual.state of mind means—(a) the person’s knowledge, intention, opinion, belief or purpose; and(b) the person’s reasons for the intention, opinion, belief or purpose.
207 Executive officer may be taken to have committed offence
(1) If a corporation commits an offence against a serious offence provision, each executive officer of the corporation is taken to have also committed the offence if—(a) the officer authorised or permitted the corporation’s conduct constituting the offence; or(b) the officer was, directly or indirectly, knowingly concerned in the corporation’s conduct.(2) The executive officer may be proceeded against for, and convicted of, the offence whether or not the corporation has been proceeded against for, or convicted of, the offence.(3) This section does not affect either of the following—(a) the liability of the corporation for the offence;(b) the liability, under the Criminal Code, chapter 2, of any person, whether or not the person is an executive officer of the corporation, for the offence.(4) In this section—serious offence provision means section , , , , or .
Chapter 12 General
Part 1 Confidentiality
208 Definitions for part
In this part—administrator means the following—(a) a person who is, or was, the chief executive;(b) a person who is, or was, involved in the administration or enforcement of this Act, including, for example—confidential information means information, other than information that is publicly available—(i) a single-patient prescriber; or(ii) a patient-class prescriber; or(iii) an approved pharmacist or secondary dispenser; or(iv) a health service employee; or(v) a public service employee; or(vi) a member of the expert advisory panel.(a) about a person’s personal affairs or health; and(b) that has become known to an administrator in the course of performing the administrator’s functions under this Act.
209 Confidentiality of information
(1) An administrator must not, whether directly or indirectly, disclose confidential information.Maximum penalty—50 penalty units.
(2) However, subsection (1) does not apply if—(a) the confidential information is disclosed—(i) under this Act; or(ii) with the written consent of the person to whom the information relates; or(iii) to the person to whom the information relates; or(iv) in a way that could not identify any person; or(b) the disclosure of the confidential information is authorised under another law.(3) The Hospital and Health Boards Act 2011, section 142 does not apply to an administrator in relation to confidential information.
210 Disclosure of information to entities performing relevant functions
(1) An administrator may disclose confidential information to the following—(a) a coroner investigating the death of a person under the Coroners Act 2003;(b) the health ombudsman conducting an investigation under the Health Ombudsman Act 2013;(c) a law enforcement agency for the purposes of detecting, preventing, investigating or prosecuting an offence involving medicinal cannabis;(d) the APVMA for performing its functions under the Agricultural and Veterinary Chemicals Act 1994 (Cwlth) or the Agricultural and Veterinary Chemicals Code Act 1994 (Cwlth);(e) the Therapeutic Goods Administration for performing its functions under the Therapeutic Goods Act 1989 (Cwlth);(f) another Commonwealth or State entity for performing its functions relating to—(i) services provided by health practitioners; or(ii) the regulation of health practitioners; or(iii) the administration of a corresponding law; or(iv) the Food Act 2006, the Food Production (Safety) Act 2000, or a law of another jurisdiction that provides for the same or similar matters as those Acts.(2) However, an administrator may disclose confidential information to an entity under subsection (1) only if the administrator is satisfied—(a) the confidential information will be collected, stored and used by the entity to which it is disclosed in a way that protects, to the extent practicable, the privacy of the persons to whom the information relates; and(b) the provision of the confidential information to the entity is necessary for the entity to exercise its functions.(3) In this section—APVMA means the Australian Pesticides and Veterinary Medicines Authority continued in existence by the Agricultural and Veterinary Chemicals (Administration) Act 1992 (Cwlth), section 6.
211 Disclosure for care or treatment of person
An administrator may disclose confidential information if the disclosure is—(a) to a health practitioner providing care or treatment to the person to whom the information relates; and(b) necessary for the care or treatment of the person.
212 Disclosure for medicinal cannabis approval
A person may disclose confidential information if the disclosure—(a) is to the chief executive; and(b) relates to—(i) if the person is a single-patient prescriber for a medicinal cannabis approval—the patient; or(ii) if the person is applying for a medicinal cannabis approval—the patient stated in the application.
213 Disclosure to protect public health or safety
(1) This section applies if—(a) a person has authority under this Act to perform an activity related to medicinal cannabis; and(b) the chief executive reasonably believes a diversion risk or substance risk exists because of the person’s actions in relation to medicinal cannabis; and(c) the chief executive reasonably considers a Commonwealth or State entity may be required to take action in relation to the risk.(2) The chief executive may give the Commonwealth or State entity the confidential information that is reasonably necessary for the entity to assess, or act in relation to, the diversion risk or substance risk.
214 Requests by chief executive for information
(1) Subsection (2) applies if the chief executive considers a public entity has information, including confidential information, that is necessary for the chief executive to—(a) perform the chief executive’s functions under this Act; and(b) prevent an imminent diversion risk or substance risk for medicinal cannabis.(2) The chief executive may, by notice, ask the public entity to give the information to the chief executive within a stated reasonable time.(3) The public entity must comply with the notice unless the entity reasonably considers the disclosure of the information—(a) would prejudice the investigation of a contravention, or possible contravention, of a law; or(b) would prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of a law; or(c) would endanger a person’s life or physical safety.(4) However, in complying with the notice, the public entity and the chief executive must ensure—(a) the information given to the chief executive relates only to the chief executive’s functions under this Act; and(b) to the extent possible, the privacy of a person to whom the information relates is protected from unjustified intrusion.(5) In this section—public entity means a public sector unit and includes the chief executive, however described, of a public sector unit.
Part 2 Miscellaneous
215 Delegation by chief executive
The chief executive may delegate the chief executive’s functions and powers under this Act to an appropriately qualified person who is—(a) a public service officer or employee; or(b) a health service employee.
216 Approved forms
The chief executive may approve forms for use under this Act.
217 Regulation-making power
(1) The Governor in Council may make regulations under this Act.(2) Without limiting subsection (1), a regulation may be made about the following—(a) conditions for approvals;(b) transporting and delivering medicinal cannabis;(c) issuing, supplying or selling medicinal cannabis;(d) the giving of lawful directions for medicinal cannabis;(e) to the extent a law of the State, in relation to the manufacture of medicinal cannabis, will not be inconsistent with Commonwealth law—manufacture of medicinal cannabis;(f) practices for wholesale and retail selling of medicinal cannabis;(g) medicinal cannabis management plans;(h) environmental requirements for places where medicinal cannabis is stored;(i) packaging, labelling or displaying medicinal cannabis;(j) advertising medicinal cannabis;(k) the following for persons, or classes of persons, authorised to deal with medicinal cannabis under this Act—(i) monitoring requirements for medicinal cannabis;(ii) record-keeping and accounting requirements for medicinal cannabis, including requirements about purchase orders and invoices;(iii) notification requirements for medicinal cannabis, including requirements for notifying the chief executive about lost or stolen medicinal cannabis and other circumstances where a diversion risk or substance risk exists;(iv) reporting requirements for medicinal cannabis, including requirements about self-assessing compliance with this Act and reporting about compliance with this Act;(l) destroying or disposing of medicinal cannabis;(m) methods for analysis of medicinal cannabis by a State analyst;(n) conducting approved clinical trials;(o) fees for applications and other matters under this Act, including the analysis of medicinal cannabis by State analysts.(3) A regulation made under this Act may impose a penalty of not more than 20 penalty units for a contravention of the regulation.
Chapter 13 Transitional provision
218 Existing approval for medicinal cannabis
(1) This section applies to an approval (the transitioned approval)—(a) granted under repealed section 270B; and(b) in force immediately before the commencement.(2) The transitioned approval is taken to be an equivalent approval granted to the holder of the transitioned approval until the earliest of the following—(a) if repealed section 270B(b)(i) applied to the transitioned approval—an equivalent approval is granted to the holder of the transitioned approval;(b) if repealed section 270B(b)(ii) applied to the transitioned approval—an equivalent approval is granted to the holder of the transitioned approval or another person;(c) the term of the transitioned approval ends;(d) the transitioned approval is cancelled;(e) the transitioned approval is surrendered by the holder of the transitioned approval.(3) However, subsection (4) applies if—(a) before the term of the transitioned approval ends, a person applies for an equivalent approval; and(b) the chief executive has not decided whether to grant the equivalent approval on the day the term of the transitioned approval ends.(4) The transitioned approval is taken to be an equivalent approval, granted to the holder of the transitioned approval, until the chief executive makes a decision about the grant of the equivalent approval.(5) In this section—equivalent approval, in relation to a transitional approval, means—(a) if repealed section 270B(b)(i) applied to the transitioned approval—a clinical trial approval applying to the clinical trial for the transitioned approval; and(b) if repealed section 270B(b)(ii) applied to the transitioned approval—a medicinal cannabis approval applying to the person who was being treated under the transitioned approval.repealed section 270B means repealed section 270B of the Health (Drugs and Poisons) Regulation 1996.
Chapter 14 Consequential amendments
Part 1 Amendment of this Act
219 Act amended
This part amends this Act.
220 Amendment of long title
Long title, from ‘and to amend’—
omit.
Part 2 Amendment of Health Act 1937
221 Act amended
This part amends the Health Act 1937.
222 Amendment of section 5 (Interpretation)
(1) Section 5, definition article—
omit, insert—article—(a) without limit to the generality of its meaning, includes—(i) any textile product, any toys, any medical or surgical apparatus or appliance, any absorbent wool or surgical dressing, and also includes boots, shoes, paint, poisons, drugs, biological preparations, pesticides, detergents, dangerous substances; and(ii) substances declared under a regulation to be articles; but(b) does not include medicinal cannabis under the Public Health (Medicinal Cannabis) Act 2016, section .(2) Section 5, definition drug—
omit, insert—drug—(a) without limiting the ordinary meaning of the term—(i) means—any article used for or in the composition or preparation of medicine for internal or external consumption or use by humans; and(ii) includes—(A) disinfectants, germicides, antiseptics, pesticides, detergents, preservatives, deodorants, anaesthetics, tobacco, narcotics, soaps, cosmetics, dusting powders, essences, unguents, and all other toilet articles;(B) goods for therapeutic use within the meaning of the Therapeutic Goods Act 1989 (Cwlth);(C) an article or substance declared under a regulation to be a drug; but(b) does not include medicinal cannabis under the Public Health (Medicinal Cannabis) Act 2016, section .(3) Section 5, definition poison—
omit, insert—poison—(a) means every substance or article prescribed as such; but(b) does not include medicinal cannabis under the Public Health (Medicinal Cannabis) Act 2016, section .
Part 3 Amendment of Health (Drugs and Poisons) Regulation 1996
223 Regulation amended
This part amends the Health (Drugs and Poisons) Regulation 1996.
224 Omission of s 77 (Approved drug—dronabinol (delta-9-tetrahydrocannabinol))
Section 77—
omit.
225 Amendment of s 270A (Approval must not be granted for therapeutic use of S9 poisons)
Section 270A, ‘Subject to section 270B, the’—
omit, insert—The
226 Omission of s 270B (Approval for cannabis)
Section 270B—
omit.
Schedule 1 Dictionary
section
accepted representations see section (2).administer, a substance, means—(a) introduce a dose of the substance into the body of a person or an animal by any means; or
(b) give a dose of the substance to a person to be taken immediately.
Examples for paragraphs (a) and (b)—
administrative action, for chapter 5, part 2, see section .administrator, for chapter 12, part 1, see section .amendment application, for an approval, see section .application for chapter 3, part 1, see section .approval means—• injecting a substance into the body of a person or an animal• putting cream on the skin of a person or an animal• putting drops into the eyes of a person or an animal• handing a dose of tablets to a person for the person to swallow
(a) a medicinal cannabis approval; or
(b) a dispensing approval; or
(c) a clinical trial approval.approved clinical trial means a clinical trial to which a clinical trial approval applies.approved pharmacist means—
(a) a pharmacist who works in a hospital pharmacy; or
(b) a pharmacist who—authorised person means a person who holds office under chapter 7, part 1 as an authorised person.board, for a person, means the National Board established under the Health Practitioner Regulation National Law for the profession in which the person is registered.cannabis product see section .capacity, for a person for a matter, has the same meaning as in the Powers of Attorney Act 1998, schedule 3.carer, for a patient, means an adult who has responsibility for the immediate care and safety of the patient.chairperson see section (1).civil claim, for chapter 10, see section .civil liability, for chapter 10, see section .clinical trial means a clinical trial of medicinal cannabis, or another use of medicinal cannabis solely for experimental purposes in humans, approved by the Therapeutic Goods Administration, or otherwise in accordance with the Therapeutic Goods Act 1989 (Cwlth).clinical trial approval see section .compliance notice see section (2).compliant, for medicinal cannabis, means the medicinal cannabis has been—(i) does not work in a hospital pharmacy; and(ii) holds a dispensing approval.
(a) prescribed, for the treatment of, or use by, a patient, in accordance with this Act; and
(b) dispensed in accordance with this Act, including any lawful direction under this Act; and
(c) if the medicinal cannabis is the subject of a medicinal cannabis approval—prescribed and dispensed in accordance with the approval; and
(d) manufactured or imported in accordance with the applicable law of the Commonwealth; and
(e) approved, or authorised to be supplied, for the purpose of treating the patient, in accordance with the applicable law of the Commonwealth.confidential information, for chapter 12, part 1, see section .corresponding law means a law of another jurisdiction that provides for, or provided for, the same or similar matters as this Act.court means a Magistrates Court.detention centre means a detention centre under the Youth Justice Act 1992.dispense means issue, sell or supply in accordance with a lawful direction.dispensary means—
(a) for an approved pharmacist who works in a hospital pharmacy—the hospital pharmacy; or
(b) for another approved pharmacist—the pharmacy from which the approved pharmacist is authorised to dispense medicinal cannabis under the approved pharmacist’s dispensing approval.dispensing approval see section .dispensing pharmacy means a dispensary stated, under a medicinal cannabis approval, to be the dispensing pharmacy for the approval.disposal order see section (2).diversion risk, for medicinal cannabis, means a risk of the medicinal cannabis being sold, supplied, issued or otherwise given to or obtained by a person not authorised under this Act to obtain or possess the medicinal cannabis.document certification requirement see section (6).document production requirement see section (2).drug means—
(a) a drug under the Health Act 1937, section 5; and
(b) medicinal cannabis.drug dependence, for a person, means repeated administration to the person of a drug resulting in the person—
(a) demonstrating any of the following over the person’s continued use of the drug—(i) impaired control;(ii) drug-seeking behaviour that suggests impaired control;(iii) social impairment related to continued use of the drug;(iv) continued use of the drug despite the known harms of the continued use; and
(b) suffering, or likely suffering, mental or physical distress or disorder when the administration to the person of the drug ceases.educational institution means—
(a) an approved education and care service under the Education and Care Services National Law (Queensland); or
(b) a QEC approved service under the Education and Care Services Act 2013; or
(c) a State school, or non-State school, under the Education (General Provisions) Act 2006.electronic document means a document of a type under the Acts Interpretation Act 1954, schedule 1, definition document, paragraph (c).eligible medicinal cannabis, in relation to a patient-class prescriber and an eligible patient, means—
(a) medicinal cannabis of a type stated in a regulation made under section 52 as being a type of medicinal cannabis with which the patient-class prescriber may treat the eligible patient; or
(b) if paragraph (a) does not apply—any medicinal cannabis.eligible patient, in relation to a patient-class prescriber, means—
(a) a person who is a member of the class of patients stated in a regulation made under section 52 as being a class of patients to whom the patient-class prescriber may prescribe medicinal cannabis; or
(b) if paragraph (a) does not apply—any patient of the patient-class prescriber.expert advisory panel see section .former owner see section (1).general medical practitioner means a person, other than a specialist medical practitioner, registered under the Health Practitioner Regulation National Law to practise in the medical profession.general power see section (1).health practitioner means a person who carries on, and is entitled to carry on, an occupation involving the provision of care for another person’s physical or mental health or wellbeing.health service employee means a person appointed as a health service employee under the Hospital and Health Boards Act 2011, section 67.help requirement see section (1).hospital means a public sector hospital or private hospital.hospital pharmacy means a pharmacy operated by the State at a public sector hospital.identity card, for a provision about authorised persons, means an identity card issued under section (1).information notice, for a decision, means a notice stating each of the following—
(a) the decision and the reasons for it;
(b) the rights of review and appeal under this Act;
(c) the period in which any review or appeal under this Act must be started;
(d) how rights of review and appeal under this Act are to be exercised;
(e) that a stay of a decision the subject of an appeal under this Act may be applied for under this Act.information requirement see section (3).information requirement notice, for chapter 3, part 1, see section .institution means—
(a) a hospital; or
(b) a detention centre, prison, watch house or police establishment; or
(c) an educational institution; or
(d) a nursing home; or
(e) an entity conducting a departmental care service, or a licensed care service, under the Child Protection Act 1999, schedule 3; or
(f) an entity mentioned in the Child Protection Act 1999, section 82(1)(f); or
(g) another entity prescribed by regulation.issue, medicinal cannabis, means give medicinal cannabis to a person who is authorised to administer the medicinal cannabis to another person.internal review application see section .internal review decision see section (1)(b).lawful direction, for medicinal cannabis—
(a) means any direction or instruction given by the single-patient prescriber, or the patient-class prescriber, for the medicinal cannabis, whether orally, in writing or electronically, for the dispensing or administration of medicinal cannabis; and
(b) includes—manufacture, in relation to a substance—(i) a prescription for the medicinal cannabis; and(ii) an instruction on a label or other packaging for medicinal cannabis.
(a) means any 1 or more of the following actions performed for the purpose of producing the substance—(i) carry out a process or step in making, growing or cultivating the substance;(ii) process or refine the substance;(iii) convert the substance into another substance;(iv) make or prepare an ampoule, capsule, tablet, vial or other dosage form that consists of, or contains, the substance;(v) mix, compound or formulate the substance with any other substance;(vi) assemble, label, pack or repack the substance;(vii) store the substance;(viii) sterilise the substance;(ix) test, monitor or otherwise control the quality of the substance, including monitor the way in which the substance is supplied; but
(b) does not include either of the following if done for the treatment of an individual—medical practitioner means either of the following—(i) mixing a lawfully supplied substance with another thing in accordance with instructions for the mixing of the substance with the thing; or(ii) adding a lawfully supplied substance to another thing in accordance with instructions for the adding of the substance to the thing.
(a) a general medical practitioner;
(b) a specialist medical practitioner.medicinal cannabis see section .medicinal cannabis approval see section .medicinal cannabis management plan, for an entity, see section .notice means a written notice.nursing home means a facility, other than a hospital or private residence, at which accommodation and nursing is provided to persons who, because of disability, disease, illness, incapacity or infirmity, have a continuing need for care.obtain, for medicinal cannabis, means acquire, buy, receive or otherwise obtain medicinal cannabis.occupier, of a place, includes the following—
(a) if there is more than 1 person who apparently occupies the place—any 1 of the persons;
(b) any person at the place who is apparently acting with the authority of a person who apparently occupies the place;
(c) if no-one apparently occupies the place—any person who is an owner of the place.of, a place, includes at or on the place.offence warning, for a direction or requirement by an authorised person, means a warning that, without a reasonable excuse, it is an offence for the person to whom the direction or requirement is made not to comply with it.original decision see section .owner, of a thing that has been seized under chapter 7, includes a person who would be entitled to possession of the thing had it not been seized.parent, of a child, includes—
(a) a person who exercises parental responsibility for the child, other than a person standing in the place of a parent of the child on a temporary basis; and
(b) for an Aboriginal child—a person who, under Aboriginal tradition, is regarded as a parent of the child; and
(c) for a Torres Strait Islander child—a person who, under Island custom, is regarded as a parent of the child.patient-class prescriber means—
(a) a specialist medical practitioner who is a member of a class of specialist medical practitioners prescribed by regulation under section (1)(a); or
(b) a registrar in the speciality of a specialist medical practitioner mentioned in paragraph (a), working under the personal supervision of the practitioner in the practitioner’s specialty.personal details requirement see section (5).personal supervision—
(a) means supervision by a person (the supervisor) of another person; and
(b) includes supervision using any technology that allows reasonably contemporaneous and continuous—person in control—(i) communication between the persons; and(ii) observation by the supervisor of actions taken by the other person.
(a) of a vehicle, includes—(i) the vehicle’s driver or rider; and(ii) anyone who reasonably appears to be, claims to be, or acts as if he or she is, the vehicle’s driver or rider or the person in control of the vehicle; or
(b) of another thing, includes anyone who reasonably appears to be, claims to be, or acts as if he or she is, the person in possession or control of the thing.person with authority to consent, to treatment of a patient with medicinal cannabis, means—
(a) if the patient has capacity to consent to the treatment—the patient; or
(b) otherwise—pharmacist means a person registered under the Health Practitioner Regulation National Law to practise in the pharmacy profession, other than as a student.place includes the following—(i) if the patient is a child—a parent of the patient; or(ii) if the patient is an adult—(A) if a guardian or an administrator is appointed for the patient under the Guardianship and Administration Act 2000—the guardian or administrator; or(B) if an attorney, appointed by the patient under an enduring power of attorney under the Powers of Attorney Act 1998, may consent to the treatment on behalf of the patient—the attorney.
(a) premises;
(b) vacant land;
(c) a place in Queensland waters;
(d) a place held under more than 1 title or by more than 1 owner;
(e) the land or water where a building or structure, or a group of buildings or structures, is situated.possess, medicinal cannabis, includes—
(a) have custody or control of medicinal cannabis; and
(b) have an ability or right to obtain custody or control of medicinal cannabis.premises includes—
(a) a building or other structure; and
(b) a part of a building or other structure; and
(c) a caravan or vehicle; and
(d) a cave or tent; and
(e) premises held under more than 1 title or by more than 1 owner.prescription means a written instrument authorising a pharmacist to dispense medicinal cannabis to or for a person for the lawful treatment of the person, and includes—
(a) a written, electronic or faxed instrument; and
(b) an entry for the dispensing of the medicinal cannabis in a medical record, medication chart or medication ordering system, whether the entry is made in writing or electronically.private hospital see the Private Health Facilities Act 1999, section 9.proposed action see section (3)(a).public place means—
(a) a place, or part of the place—(i) the public is entitled to use, is open to members of the public or is used by the public, whether or not on payment of money; orExamples of a place that may be a public place under subparagraph (i)—
a beach, a park, a road(ii) the occupier of which allows, whether or not on payment of money, members of the public to enter; orExamples of a place that may be a public place under subparagraph (ii)—
a saleyard, a showground
(b) a place that is a public place under another Act.public sector hospital has the meaning given in the Hospital and Health Boards Act 2011.reasonably believes means believes on grounds that are reasonable in the circumstances.reasonably suspects means suspects on grounds that are reasonable in the circumstances.recall order see section (2).registrar, in a specialty, means a person who is undergoing a course of training, the successful completion of which will qualify the person as a specialist medical practitioner in the specialty.relevant activity see section .relevant law means the following—
(a) this Act;
(b) the Health Act 1937;
(c) a corresponding law.renewal application, for an approval, see section (1).replacement application, for an approval, see section .responsible person, for a recall order, see section (2)(a).secondary dispenser, in relation to an approved pharmacist, means a pharmacist stated to be a secondary dispenser under the approved pharmacist’s dispensing approval.self-administer, a substance, means a person administers the substance to themself.show cause notice see section (2).show cause period see section (3)(g).single-patient prescriber means a medical practitioner who is the holder of the medicinal cannabis approval.specialist medical practitioner, in a specialty, means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession as a specialist registrant in the specialty.State analyst means a State analyst appointed under the Health Act 1937.substance risk, for a substance, means a risk of harm to the life, health or safety of a person arising from the use, or potential use, of the substance.supply, for medicinal cannabis, means give a person 1 or more treatment doses of medicinal cannabis, to be taken by the person during a certain period.TGA approval means an approval or authorisation granted under the Therapeutic Goods Act 1989 (Cwlth).Therapeutic Goods Administration means the Therapeutic Goods Administration under the Therapeutic Goods Act 1989 (Cwlth).trainee health practitioner means a person who is undergoing a course of training, the successful completion of which will qualify the trainee as a health practitioner.trainee State analyst means a person who is undergoing a course of training, the successful completion of which will qualify the person for appointment as a State analyst.vehicle—
(a) means a vehicle under the Transport Operations (Road Use Management) Act 1995; and
(b) includes a vessel under that Act.
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