Supervised Injecting Place Trial Act 1999 (ACT)

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Supervised Injecting Place Trial Act 1999   

A1999-90

Republication No 10

Effective:  1 September 2016

Republication date: 1 September 2016

Last amendment made by A2016‑52

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication

The republished law

This is a republication of the Supervised Injecting Place Trial Act 1999 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 1 September 2016It also includes any commencement, amendment, repeal or expiry affecting this republished law to 1 September 2016. 

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

  • authorised republications to which the Legislation Act 2001 applies

  • unauthorised republications.

  • The status of this republication appears on the bottom of each page.

    Editorial changes

    The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

    This republication does not include amendments made under part 11.3 (see endnote 1).

    Uncommenced provisions and amendments

    If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.

    Modifications

    If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see the Legislation Act 2001, section 95.

    Penalties

    At the republication date, the value of a penalty unit for an offence against this law is $150 for an individual and $750 for a corporation (see Legislation Act 2001, s 133).

    Supervised Injecting Place Trial Act 1999

    Contents

    Page

    Part 1      Introductory

    1            Name of Act  2

    2            Dictionary  2

    3            Notes  2

    4            Object  2

    Part 2      Operation of facility

    5            Declaration of facility  3

    6            Declaration of operators  4

    7           Law enforcement protocol  4

    8            Publication of law enforcement protocol  4

    9            Approval of internal management protocol  5

    10          Criteria for assessing facility  6

    11          Exemption of staff and other persons from certain criminal proceedings     7

    12          Exemption of persons from certain civil proceedings  8

    13          Directions to DPP  8

    14          Things not permitted by Act  8

    15          Provision of injecting equipment at facility  9

    16          Provision of information about facility  9

    17          Excluding persons from facility  10

    Part 3      Advisory committee

    18          Advisory committee  11

    19          Committee’s functions  11

    20          Constitution  11

    21          Chairperson and deputy chairperson  13

    22          Ending of appointments  13

    24          Convening meetings  13

    25          Leave of absence  14

    26          Procedure  14

    27          Quorum  14

    28          Administration  14

    Part 4      Consultation with committee

    29          Minister must consult committee  15

    30          Criteria for deciding place for facility  15

    31          Review of the operation of scientific trial  16

    Part 5      Miscellaneous

    32          Regulation-making power  17

    33          Expiry of Act  17

    Dictionary18

    Endnotes

    1            About the endnotes  20

    2            Abbreviation key  20

    3            Legislation history  21

    4            Amendment history  23

    5            Earlier republications  25

    Supervised Injecting Place Trial Act 1999

    An Act to allow for a trial of a supervised injecting place for drug‑dependent people

    Part 1Introductory

    1. Name of Act

      This Act is the Supervised Injecting Place Trial Act 1999.

    2. Dictionary

      The dictionary at the end of this Act is part of this Act.

      Note 1The dictionary at the end of this Act defines certain terms used in this Act.

      Note 2A definition in the dictionary applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

    3. Notes

      A note included in this Act is explanatory and is not part of this Act.

      NoteSee Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

    4. Object

      The object of this Act is to allow the temporary operation of a supervised injecting place, for the purpose of an independently evaluated scientific trial of—

      (a)    the public health benefits and risks of such places; and

      (b)    other matters relating to the operation of a supervised injecting place.

    Part 2Operation of facility

    1. Declaration of facility

      (1)The Minister may, in writing, declare a place to be the facility for this Act.

      (2)The Minister may declare a place to be the facility only if—

      (a)    the Minister is satisfied the place is a hygienic environment suitable for use—

      (i)   to give drug-dependent people access to clean equipment to allow such a person to administer a substance to himself or herself at the place; and

      (ii)   to provide for the safe disposal of the equipment; and

      (b)a law enforcement protocol has been approved under section 7 and published as required by section 8; and

      (c)an internal management protocol has been approved under section 9; and

      (d)approved criteria for the scientific trial have been presented to the Legislative Assembly as required by section 10; and

      (e)    the place to be declared as the facility is one that has been recommended by the advisory committee.

      (3)A declaration is a notifiable instrument.

      NoteA notifiable instrument must be notified under the Legislation Act 2001.

      (4)The Minister must give additional public notice of a declaration under subsection (3).

      Note Public notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1). The requirement in s (4) is in addition to the requirement for notification on the legislation register as a notifiable instrument.

    2. Declaration of operators

      (1)The Minister may, after consultation with the advisory committee, in writing, declare a person to be the operator of the facility.

      (2)The Minister shall not declare a non-government organisation to be the operator other than in accordance with a recommendation of the advisory committee.

      (3)A declaration under this section is a notifiable instrument.

      NoteA notifiable instrument must be notified under the Legislation Act 2001.

    3. Law enforcement protocol

      (1)The Minister may, after consultation with the advisory committee, by instrument approve a protocol that deals with—

      (a)    the detection, investigation and prosecution of offences by a person who self-administers a substance at the facility; and

      (b)    anything else necessary or convenient to be dealt with to give effect to the object of this Act;

      as the law enforcement protocol for this Act.

      (2)The Minister must ensure that a protocol is approved under this section that will allow the facility to function in accordance with the object of this Act.

      (3)The Minister must not approve a protocol that has the effect of exempting a member of the staff of the facility from the operation of a law in relation to the possession, use or dealing in substances.

    4. Publication of law enforcement protocol

      (1)The Minister must give public notice of the effect of an instrument made under section 7, as soon as practicable after the instrument is made.

      Note Public notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1).

      (2)The notice must state the places where a copy of the law enforcement protocol may be bought or, at any reasonable time, inspected.

      (3)The Minister must ensure that—

      (a)    copies of the law enforcement protocol may be bought at each place stated for that purpose in the notice; and

      (b)    a copy of the law enforcement protocol is, at any reasonable time, available for inspection at each place stated for that purpose in the notice.

    5. Approval of internal management protocol

      (1)The Minister may, by instrument, approve a protocol relating to the facility as the internal management protocol for this Act.

      (2)An operator shall manage the facility in accordance with the internal management protocol.

      (3)Before making an instrument under subsection (1), the Minister must be satisfied that the following requirements will be met:

      (a)the facility must be under the supervision of a supervisor;

      (b)the supervisor must have general oversight of the clinical operations of the facility and responsibility for ensuring that adequate clinical procedures are used in the facility;

      (c)each member of staff of the facility who directly supervises injection of substances at the facility must be a doctor or a nurse;

      (d)each member of staff of the facility who issues equipment at the facility for use in injection of substances at the facility must hold an approval under the Public Health Act 1997, part 3A (Supply of syringes);

      (e)the facility must contain, or provide satisfactory access to—

      (i)primary health care services (including medical consultation and medical assessment services); and

      (ii)drug and alcohol counselling services; and

      (iii)health education services; and

      (iv)drug and alcohol detoxification and rehabilitation services; and

      (v)services for testing for blood borne diseases;

      (f)the health and safety of staff and users of the facility must be protected, having regard to the design of, and services provided by, the facility;

      (g)any recommendations of the advisory committee concerning the operation of the facility must be given effect;

      (h)any regulations concerning the operation of the facility must be complied with.

    6. Criteria for assessing facility

      (1)The Minister must consult the advisory committee on the appropriate criteria, and must attempt to agree with the committee on a set of criteria.

      (2)If a set of criteria is agreed, the Minister must approve them.

      (3)If agreement is not possible—

      (a)the advisory committee must set out its preferred criteria (alternative criteria); and

      (b)the Minister must approve a set of criteria and a statement of the reasons why they are approved instead of the alternative criteria (Minister’s reasons).

      (4)The Minister must present a copy of the approved  criteria, together with any alternative criteria and Minister’s reasons, to the Legislative Assembly within 3 sitting days after the approval.

      (5)In this section:

      criteria means criteria by which the scientific trial of the effects of giving drug-dependent people a place to self-administer a substance is to be assessed.

    7. Exemption of staff and other persons from certain criminal proceedings

      (1)This section applies to a person who is or has been—

      (a)    a Minister or public employee; or

      (b)    a member of the staff of the facility; or

      (c)    the owner or occupier of the premises where the facility is situated.

      (2)A proceeding for a criminal offence (including an offence against the Criminal Code, section 717 (Accessory after the fact)) does not lie against a person to whom this section applies in relation to an act—

      (a)    done in good faith by the person in the person’s capacity as a person to whom this section applies; and

      (b)    that consists of participating, or being in any other way concerned, in the establishment of the facility or in its operation as a supervised injecting place; and

      (c)    done in accordance with the requirements (if any) prescribed under the regulations.

    8. Exemption of persons from certain civil proceedings

      A civil proceeding does not lie against the Territory or anyone else in relation to the death of, or any loss or injury sustained by, someone (the affected person) caused by, or arising out of—

      (a)    the self-administration by the affected person of a substance at the facility; or

      (b)    anything else done by the affected person, whether or not at the facility, in relation to the self-administration.

    9. Directions to DPP

      (1)The Attorney-General must give such directions to the DPP under the Director of Public Prosecutions Act 1990, section 20 (1) as are necessary to ensure that drug-dependent people are not deterred by fear of prosecution for an offence from making use of the facility in accordance with the object of this Act.

      (2)The directions for subsection (1) must include, but are not limited to, a direction stating circumstances in which the DPP is restrained from prosecuting a person who administers a substance to himself or herself at the facility for an offence against—

      (a)the Drugs of Dependence Act 1989, section 169 (Possessing drugs of dependence) or section 171 (Possessing prohibited substances); or

      (b)the Medicines, Poisons and Therapeutic Goods Act 2008, section 36 (Possessing certain declared substances) or section 37 (Administering certain declared substances).

    10. Things not permitted by Act

      This Act does not permit—

      (a)the members of the staff of the facility to sell or possess or use a substance in the facility; or

      (b)a drug-dependent person to sell or supply a substance in the facility; or

      (c)a drug-dependent person to possess in the facility more than 0.5g of a substance; or

      (d)a drug-dependent person to possess a substance outside the facility.

    11. Provision of injecting equipment at facility

      Despite any other provision of this Act or of another Territory law, it is lawful for a member of the staff of the facility to provide, at the facility, sterile equipment to another person for use by the other person, at the facility, to self-administer a substance, if the other person—

      (a)agrees to return the equipment after use for safe disposal; and

      (b)unless the member of the staff knows, or reasonably believes, that the other person has previously administered a substance to himself or herself—the other person has been offered counselling or rehabilitation or medical services at the facility.

    12. Provision of information about facility

      Despite any other provision of this Act or of another Territory law, it is lawful for a person to give, for this Act, information about the operation of the facility to—

      (a)the Legislative Assembly or a committee of the Assembly; or

      (b)the Minister or a public employee acting in the course of his or her duties on behalf of a Minister; or

      (c)the advisory committee; or

      (d)a person appointed in writing by the Minister to review the effectiveness of the facility in meeting the relevant objectives of this Act.

    13. Excluding persons from facility

      (1)The operator or the person for the time being in charge of the facility may exclude a person from the facility by telling the person orally that he or she is excluded under this Act for a stated period that is not longer than 3 days.

      (2)The operator or the person for the time being in charge of the facility may exclude a person from the facility by telling the person in writing that he or she is excluded under this Act for a stated period, giving brief reasons for the exclusion.

      (3)A person who has been told under subsection (1) or (2) that he or she is excluded—

      (a)    must leave the facility immediately; and

      (b)    must not enter the facility during the stated period.

      Maximum penalty (subsection (3)):  10 penalty units.

    Part 3Advisory committee

    1. Advisory committee

      An advisory committee, to be called the Supervised Drug Injection Trial Advisory Committee, is established.

    2. Committee’s functions

      The functions of the advisory committee are—

      (a)to make written recommendations to the Minister about the matters mentioned in section 29 (1) (Minister must consult committee); and

      (b)to exercise other functions given to the advisory committee by this Act or another Territory law.

      Note 1A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity).

      Note 2A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act, s 104).

    3. Constitution

      (1)Subject to subsection (2), the advisory committee consists of  members made up as follows:

      (a)the director‑general;

      (b)1 person nominated by, and representing, each of the following persons or bodies:

      (i)the Australian Federal Police;

      (ii)the director of public prosecutions;

      (iii)the legal aid office;

      (iv)the ambulance service;

      (v)the Australian Institute of Criminology;

      (vi)the Australian Medical Association;

      (vii)the Canberra City Heart Business Association;

      (viii)the Women’s Information Resources and Education on Drugs and Dependency (WIREDD);

      (ix)an association representing residents of an area where the facility is, or is to be, located;

      (x)Assisting Drug Dependents Inc;

      (xi)National Centre for Epidemiology and Health;

      (xii)Canberra Injectors Network;

      (xiii)Australian Intravenous League;

      (xiv)Alcohol and other Drugs Council of Australia;

      (xv)the Winnunga Nimmityjah Aboriginal Health Service;

      (xvi)the Youth Coalition of the ACT.

      (2)The regulations may reduce or extend the membership of the advisory committee.

      (3)Each member of the advisory committee is appointed by the Minister for a term of not longer than 3 years.

      Note 1For the making of appointments (including acting appointments), see Legislation Act, pt 19.3.

      Note 2A person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def appoint).

      (4)A member holds office on the terms (if any) in relation to matters not provided for by this Act that are stated in the instrument of appointment.

    4. Chairperson and deputy chairperson

      The Minister must appoint—

      (a)a member of the advisory committee to be chairperson of the advisory committee; and

      (b)a member of the advisory committee to be deputy chairperson of the advisory committee.

    5. Ending of appointments

      (1)The Minister may end the appointment of a member for misbehaviour or physical or mental incapacity.

      (2)The Minister must end the appointment of a member if the member—

      (a)becomes bankrupt or personally insolvent; or

      (b)is absent for 3 consecutive meetings without leave; or

      (c)is convicted in Australia or elsewhere of an offence punishable by imprisonment for 1 year or longer.

      NoteA person’s appointment also ends if the person resigns (see Legislation Act, s 210).

    6. Convening meetings

      (1)The chairperson, or if the chairperson cannot do so, the deputy chairperson, must call such meetings of the advisory committee—

      (a)as the chairperson or the deputy chairperson considers necessary for the efficient performance of its functions; or

      (b)as the Minister directs, by written notice given to the chairperson or the deputy chairperson.

      (2)The chairperson must call a meeting of the advisory committee if asked by 3 members.

    1. Leave of absence

      The advisory committee may grant leave of absence (either before, or at the earliest practicable time after, the absence occurs) to a member.

    2. Procedure

      (1)The chairperson presides at a meeting of the advisory committee when he or she is present.

      (2)If the chairperson is not present, the deputy chairperson presides.

      (3)If the chairperson and the deputy chairperson are both absent from a meeting, the members present must elect a member present to preside.

      (4)The member presiding at a meeting may give directions in relation to the procedure to be followed for the meeting.

      (5)The member presiding at a meeting has a deliberative vote and, if there is an equality of votes, a casting vote.

      (6)The advisory committee must keep minutes of its proceedings.

      (7)A meeting of the advisory committee may be called by telephone, television or any other device which permits instantaneous audio communication, with or without instantaneous visual communication.

    3. Quorum

      At a meeting of the advisory committee, a majority of the members for the time being of the advisory committee is a quorum.

    4. Administration

      The advisory committee may make arrangements with the director‑general for the provision of administrative or secretarial services to the advisory committee.

    Part 4Consultation with committee

    1. Minister must consult committee

      (1)The Minister must consult the advisory committee about—

      (a)any place to be declared to be the facility; and

      (b)the operation of the facility (including the hours of operation); and

      (c)the conditions of access to the facility; and

      (d)the terms on which people under 18 years old may attend the facility; and

      (e)the way in which, and the criteria by which, the effectiveness of the operation of the facility may be evaluated.

      (2)If the Minister decides not to give effect to a recommendation of the advisory committee about a matter mentioned in subsection (1), the Minister must—

      (a)give a written statement of the reasons to the chairperson within 14 days after making the decision; and

      (b)present a copy of the statement to the Legislative Assembly, within 3 sitting days after making the decision.

    2. Criteria for deciding place for facility

      In deciding whether to recommend a place to the Minister as the facility, the advisory committee must have regard to—

      (a)the cost of setting up and maintaining the facility at the place; and

      (b)the capacity to maintain the place in a hygienic condition; and

      (c)the capacity of the place to meet the objective of giving drug‑dependent people using the place access to counselling, medical treatment, detoxification and other health promotion services; and

      (d)the means of safe disposal of injecting equipment after use.

    3. Review of the operation of scientific trial

      (1)The advisory committee must, as soon as practicable after the end of each 6 months following the date of effect of the declaration of the facility, give the Minister a report on—

      (a)the operation of the facility during the 6 months; and

      (b)the views of the advisory committee about the scientific trial during the 6 months.

      (2)The advisory committee must, before the expiry of this Act—

      (a)arrange an assessment of the scientific trial against the criteria approved under section 10; and

      (b)give to the Minister a report containing the assessment together with a  recommendation either that the scientific trial continue for a stated time, or that it cease.

      (3)The Minister must present a copy of each report to the Legislative Assembly within 6 sitting days after receiving the report.

    Part 5Miscellaneous

    1. Regulation-making power

      The Executive may make regulations for this Act.

      NoteRegulations must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.

    2. Expiry of Act

      This Act expires 2 years after the day when the first declaration is made under section 5.


    Dictionary

    (see s 2)

    Note 1The Legislation Act contains definitions and other provisions relevant to this Act.

    Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:

    ·ambulance service

    ·Attorney-General

    ·bankrupt or personally insolvent

    ·director‑general (see s 163)

    ·DPP

    ·Executive

    ·Legislative Assembly

    ·Minister (see s 162)

    ·notifiable instrument (see s 10)

    ·penalty unit (see s 133)

    ·public servant

    ·regulations.

    advisory committee means the advisory committee established by section 18.

    chairperson means the chairperson of the advisory committee.

    deputy chairperson means the deputy chairperson of the advisory committee.

    drug-dependent person—see the Medicines, Poisons and Therapeutic Goods Act 2008, dictionary.

    facility means the place that is declared under section 5 to be the facility.

    internal management protocol means a protocol approved under section 9.

    law enforcement protocol means a protocol approved under section 8.

    operator, of the facility, means a person who is declared under section 5 to be the operator of the facility.

    staff, of the facility, includes the following persons:

    (a)    the operator of the facility;

    (b)    a manager of the facility;

    (c)    a person engaged by the operator or manager of the facility to provide services at the facility, whether under a contract of employment or otherwise;

    (d)    a person engaged by the operator or manager of the facility to provide voluntary assistance at the facility.

    substance means a controlled medicine, or prohibited substance, within the meaning of the Medicines, Poisons and Therapeutic Goods Act 2008.

    supervised injecting place means a place that provides—

    (a)    a supervised and hygienic environment for the self-administration of substances by drug-dependent people; and

    (b)    access to clean equipment for such self-administration, and safe facilities for disposing of the equipment; and

    (c)    an opportunity for users of the facility to be referred to counselling, medical treatment, detoxification and similar services.

    Endnotes

    1. About the endnotes

      Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.

      Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.

      Uncommenced amending laws are not included in the republished law.  The details of these laws are underlined in the legislation history.  Uncommenced expiries are underlined in the legislation history and amendment history.

      If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. 

      The endnotes also include a table of earlier republications.

    2. Abbreviation key

    A = Act NI = Notifiable instrument
    AF = Approved form o = order
    am = amended om = omitted/repealed
    amdt = amendment ord = ordinance
    AR = Assembly resolution orig = original
    ch = chapter par = paragraph/subparagraph
    CN = Commencement notice pres = present
    def = definition prev = previous
    DI = Disallowable instrument (prev...) = previously
    dict = dictionary pt = part
    disallowed = disallowed by the Legislative r = rule/subrule
    Assembly reloc = relocated
    div = division renum = renumbered
    exp = expires/expired R[X] = Republication No
    Gaz = gazette RI = reissue
    hdg = heading s = section/subsection
    IA = Interpretation Act 1967 sch = schedule
    ins = inserted/added sdiv = subdivision
    LA = Legislation Act 2001 SL = Subordinate law
    LR = legislation register sub = substituted
    LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
    mod = modified/modification or to be expired
    1. Legislation history

      Supervised Injecting Place Trial Act 1999 A1999‑90

      notified 23 December 1999 (Gaz 1999 No S65)
      commenced 23 December 1999 (s 2)

      NoteAct expires 2 years after the day when the first declaration is made under s 5 (see s 33)

      as amended by

      Supervised Injecting Place Trial Amendment Act 2000 A2000‑39

      notified 12 July 2000 (Gaz 2000 No S36)

      commenced 12 July 2000 (s 2)

      Legislation (Consequential Amendments) Act 2001 A2001‑44 pt 373

      notified 26 July 2001 (Gaz 2001 No 30)
      s 1, s 2 commenced 26 July 2001 (IA s 10B)

      pt 373 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)

      Statute Law Amendment Act 2003 (No 2) A2003-56 sch 3 pt 3.26

      notified LR 5 December 2003
      s 1, s 2 commenced 5 December 2003 (LA s 75 (1))

      sch 3 pt 3.26 commenced 19 December 2003 (s 2)

      Emergencies Act 2004 A2004-28 pt 3.23

      notified LR 29 June 2004
      s 1, s 2 commenced 29 June 2004 (LA s 75 (1))

      pt 3.23 commenced 1 July 2004 (s 2 (1) and CN2004-11)

      Medicines, Poisons and Therapeutic Goods Act 2008 A2008-26 sch 2 pt 2.22

      notified LR 14 August 2008
      s 1, s 2 commenced 14 August 2008 (LA s 75 (1))

      sch 2 pt 2.22 commenced 14 February 2009 (s 2 and LA s 79)

      Statute Law Amendment Act 2008 A2008-28 sch 3 pt 3.55

      notified LR 12 August 2008
      s 1, s 2 commenced 12 August 2008 (LA s 75 (1))

      sch 3 pt 3.55 commenced 26 August 2008 (s 2)

      Statute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.71

      notified LR 26 November 2009
      s 1, s 2 commenced 26 November 2009 (LA s 75 (1))

      sch 3 pt 3.71 commenced 17 December 2009 (s 2)

      Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.143

      notified LR 30 June 2011
      s 1, s 2 commenced 30 June 2011 (LA s 75 (1))

      sch 1 pt 1.143 commenced 1 July 2011 (s 2 (1))

      Red Tape Reduction Legislation Amendment Act 2015 A2015-33 sch 1 pt 1.62

      notified LR 30 September 2015
      s 1, s 2 commenced 30 September 2015 (LA s 75 (1))
      sch 1 pt 1.62 commenced 14 October 2015 (s 2)

      Public Sector Management Amendment Act 2016 A2016-52 sch 1 pt 1.58

      notified LR 25 August 2016
      s 1, s 2 commenced 25 August 2016 (LA s 75 (1))
      sch 1 pt 1.58 commenced 1 September 2016 (s 2)

    2. Amendment history

      Long title

      long titlesub A2008‑26 amdt 2.152

      Dictionary

      s 2om R1 LRA

      ins A2003‑56 amdt 3.246

      am A2008‑26 amdt 2.153

      Notes

      s 3defs reloc to dict A2003‑56 amdt 3.245

      sub A2003‑56 amdt 3.246

      Declaration of facility

      s 5am A2000‑39 s 4; A2001‑44 amdts 1.3948-1.3950;


      A2003‑56

      amdt 3.247; A2008‑26 amdt 2.161; A2015‑33 amdt 1.217

      Declaration of operators

      s 6am A2001‑44 amdt 1.3951, amdt 1.3952

      Publication of law enforcement protocol

      s 8am A2015‑33 amdt 1.218

      Approval of internal management protocol

      s 9am A2008‑26 amdt 2.154

      Criteria for assessing facility

      s 10am A2008‑26 amdt 2.161

      Exemption of staff and other persons from certain criminal proceedings

      s 11am A2008‑28 amdt 3.165

      Directions to DPP

      s 13am A2008‑26 amdt 2.155, amdt 2.161

      Things not permitted by Act

      s 14am A2008‑26 amdt 2.156

      Committee’s functions

      s 19am A2001‑44 amdt 1.3953, amdt 1.3954

      sub A2003‑56 amdt 3.248

      Constitution

      s 20am A2003‑56 amdts 3.249-3.251; A2011‑22 amdt 1.409

      Chairperson and deputy chairperson

      s 21am A2003‑56 amdt 3.252

      Ending of appointments

      s 22sub A2003‑56 amdt 3.253

      am A2008‑28 amdt 3.166; A2009‑49 amdt 3.184

      Resignation

      s 23om A2003‑56 amdt 3.253

      Administration

      s 28am A2011‑22 amdt 1.409

      Minister must consult committee

      s 29am A2003‑56 amdt 3.254

      Criteria for deciding place for facility

      s 30am A2008‑26 amdt 2.161

      Regulation-making power

      s 32am A2001‑44 amdt 1.3955

      Dictionary

      dictins A2003‑56 amdt 3.255

      am A2004‑28 amdt 3.66; A2009‑49 amdt 3.185; A2011‑22 amdt 1.410; A2016‑52 amdt 1.156

      def advisory committee reloc from s 3 A2003‑56 amdt 3.245

      def chairperson reloc from s 3 A2003‑56 amdt 3.245

      def deputy chairperson reloc from s 3 A2003‑56 amdt 3.245

      def drug dependent person reloc from s 3 A2003‑56 amdt 3.245

      om A2008‑26 amdt 2.157

      def drug-dependent person ins A2008‑26 amdt 2.157

      def drug of dependence reloc from s 3 A2003‑56 amdt 3.245

      om A2008‑26 amdt 2.158

      def Drugs of Dependence Act reloc from s 3 A2003‑56 amdt 3.245

      om A2008‑26 amdt 2.158

      def facility reloc from s 3 A2003‑56 amdt 3.245

      def internal management protocol reloc from s 3 A2003‑56 amdt 3.245

      def law enforcement protocol reloc from s 3 A2003‑56 amdt 3.245

      def newspaper reloc from s 3 A2003‑56 amdt 3.245

      om A2015‑33 amdt 1.219

      def operator reloc from s 3 A2003‑56 amdt 3.245

      def prohibited substance reloc from s 3 A2003‑56 amdt 3.245

      om A2008‑26 amdt 2.159

      def staff reloc from s 3 A2003‑56 amdt 3.245

      def substance reloc from s 3 A2003‑56 amdt 3.245

      sub A2008‑26 amdt 2.160

      def supervised injecting place reloc from s 3 A2003‑56 amdt 3.245

      am A2008‑26 amdt 2.161

    3. Earlier republications

      Some earlier republications were not numbered. The number in column 1 refers to the publication order. 

      Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical.

    Republication No Amendments to Republication date
    1 A2000‑39 1 September 2000
    2 A2001‑44 21 January 2002
    3 A2003‑56 19 December 2003
    4 A2004‑28 1 July 2004
    5 A2008‑28 26 August 2008
    6 A2008‑28 14 February 2009
    7 A2009‑49 17 December 2009
    8 A2011-22 1 July 2011
    9 A2015‑33 14 October 2015
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