DANGEROUS DRUGS REGULATIONS 1998
[Consolidated as at 31 December 2012
on the authority of the Administrator
and in accordance with
the Enactments Reprinting Act 1980]
TABLE OF PROVISIONS
1. Short title
2. Interpretation
3. Fees
4. Form of Application
Schedule
DANGEROUS DRUGS REGULATIONS 1998
Short title
1. These Regulations may be cited as the Dangerous Drugs Regulations 1998.
Interpretation
2. In these Regulations—
“Low THC Cannabis” means cannabis that contains less than 1 per cent w/w dry weight of delta - 9 - tetrahydrocannabinol when tested in accordance with the prescribed method; and
“prescribed method” means the Commission of the European Communities Method for the Quantitative Determination of THC (Tetrahydrocannabinol) in Hemp, as amended from time to time,
but
amended such that sampling is to be undertaken from a single plant only.
Fees
3. The fee payable for the grant of a licence under subsection 7A (1) of the Act is 1 fee unit, payable on application for that licence.
Form of Application
4. An applicant for the grant of a licence under subsection 7A (1) of the Act must —
(a) apply to the Minister in the form contained in the Schedule; and
(b) supply the Minister with the information required in that form and any other information required by the Minister.
SCHEDULE
Application for Licence
(Section 7A Dangerous Drugs Act 1927)
Full Name of Applicant/s | |
Business Name of Applicant/s (if any) | |
Contact Details of Applicant/s | Address/Registered Office: Telephone No. Fax No. |
Postal Address of Applicant/s | |
Class of licence sought | This licence is sought to authorise the licensee to: - import Certified Low THC cannabis into Norfolk Island
- import other cannabis into Norfolk Island
- export cannabis from Norfolk Island
- Plant, Cultivate, Tend, Harvest, Sell and Possess Low THC Cannabis
- Plant, Cultivate, Tend, Harvest, Sell and Possess other Cannabis
(Tick applicable boxes) |
Location of Operations (Applicant must attach a map specifying proposed area of cultivation) | |
Name & Signature: Date: (Natural persons) | |
Execution (Bodies Corporate) | The Common Seal of ) ) was affixed on 20 ) in accordance with its ) constituting documents ) by: (Name and office held: ) in the presence of: (Name and office held: ) |
(Applicants should note that only persons authorised by the Minister may enter the area licenced for the purposes of the licence. Applications for authorisation of persons can be obtained from the Administration).
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NOTES
The Dangerous Drugs Regulations 1998 as shown in this consolidation comprises Regulations No. 5 of 1998 and amendments as indicated in the Tables below.
Enactment | Number and year | Date of commencement | Application saving or transitional provision |
Dangerous Drugs Regulations 1998 | 5, 1998 | 9.7.98 | |
| | | | | Interpretation (Amendment) Act 2012 [to substitute throughout —Commonwealth Minister for Minister; and to substitute Minister for executive member] | 14, 2012 | 28.12.12 | |
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|
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Table of Amendments
ad = added or inserted | am = amended | rep = repealed | rs = repealed and substituted |
Provisions affected | How affected |
2 and 3 | NB – regs 2 & 3 have been renumbered to be in appropriate sequence | |
| | |
Schedule | am | Act 14, 2012 |
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© Norfolk Island Government 2013
The Copyright Act 1968 of the Commonwealth of Australia permits certain reproduction and publication of this legislation. For reproduction or publication beyond that permitted by the Act, written permission must be sought from the Legislative Counsel, Administration of Norfolk Island, Norfolk Island, South Pacific 2899.
Overview
The Dangerous Drugs Regulations 1998 were enacted to provide a regulatory framework governing the import, export, cultivation, and possession of dangerous drugs on Norfolk Island, complementing the Dangerous Drugs Act 1927. These regulations were introduced to address the need for a structured and controlled approach to managing dangerous drugs, ensuring public safety while allowing for the legitimate use of certain substances for medical or scientific purposes. Enacted by the Norfolk Island Government, the policy objective of these regulations is to establish clear guidelines and licensing requirements for handling dangerous drugs, thereby mitigating risks associated with their misuse and illegal trade. The regulations outline specific procedures for the application and granting of licenses for activities such as the importation and cultivation of low THC cannabis and other cannabis products.
Scope and Application
The Norfolk Island Dangerous Drugs Regulations 1998 apply specifically to the regulation of dangerous drugs on Norfolk Island, including the control of substances such as Low THC Cannabis and other forms of cannabis. This legislation applies to natural persons and bodies corporate who seek to import, export, cultivate, or possess dangerous drugs on Norfolk Island. The regulations mandate the application for specific licenses to undertake these activities, requiring applicants to submit detailed information and plans for their operations, including the provision of a map specifying the proposed area of cultivation. The geographic scope of these regulations is confined to Norfolk Island, establishing a regulatory framework unique to this territory. The regulations also detail the fees associated with the application for a license and outline the form that must be used for the application process. The Dangerous Drugs Act 1927, under which these regulations are formulated, may extend or restrict the application of these regulations through subordinate instruments, thereby providing flexibility in enforcement and compliance.
Key Provisions
The Dangerous Drugs Regulations 1998 (C2015Q00277) are a set of regulations that provide specific details and operational provisions to complement the Dangerous Drugs Act 1927, focusing particularly on the management and control of dangerous drugs in Norfolk Island. Section 1 of the Regulations establishes the title, clarifying that these Regulations are referred to as the Dangerous Drugs Regulations 1998. Section 2 provides critical definitions, such as the term "Low THC Cannabis," which refers to cannabis containing less than 1 per cent w/w dry weight of delta-9-tetrahydrocannabinol when tested using a prescribed method. This definition is crucial for the classification and regulation of cannabis products on the island. Section 3 details the fees associated with the application for a licence under subsection 7A(1) of the Act, specifying that one fee unit is payable on application for the licence. Section 4 outlines the application process, stipulating that applicants must submit their application in the specified form included in the Schedule and provide all necessary information required by the Minister.
The Regulations impose several obligations on parties or entities they govern. For example, applicants seeking a licence must adhere to the specific application form and provide detailed information as required, including the full name, contact details, and the class of licence sought. Additionally, applicants must specify the location of their operations and attach a map detailing the proposed area of cultivation. The Regulations also mandate that only authorised individuals may enter the licensed area for the purpose of the licence, with applications for such authorisation available from the Administration.
Violations of the Dangerous Drugs Regulations 1998 can lead to various penalties and consequences. While the specific penalties are not detailed within the Regulations themselves, breaches of the Dangerous Drugs Act 1927, which these Regulations support, can result in severe criminal and civil penalties. Generally, offences under the Dangerous Drugs Act can attract significant fines and imprisonment, reflecting the seriousness with which drug-related offences are treated under Norfolk Island law. The precise penalties would depend on the specific nature and severity of the breach, as well as any relevant case law and statutory provisions.