2004

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Minister for Health)

2004

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Minister for Health)

An Act to amend the Drugs of Dependence Act 1989 in relation to syringe vending machines, and for other purposes

The Legislative Assembly for the Australian Capital Territory enacts as follows:

This Act is the Drugs of Dependence (Syringe Vending Machines) Amendment Bill 2004.

This Act commences on the day after its notification day.

Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

This Act amends the Drugs of Dependence Act 1989.

In this division:

a provision in the Crimes Act 1900, part 9

the Criminal Code, part 2.4 (Extensions of criminal responsibility)

In this division:

vending machine means any machine or mechanical device used or able to be used for selling or supplying syringes without the personal manipulation or attention of the seller or supplier, or the seller’s or supplier’s employee or agent, at the time of the sale or supply.

vending machine approval means an approval under section 94D.

approved person means a person who holds a current vending machine approval.

A person may apply in writing to the chief health officer for approval to supply syringes by way of vending machine.

Note If a form is approved under s 205 for this provision, the form must be used.

(1) The chief health officer may, by written notice given to the applicant, require the applicant to give the chief health officer further stated information or a document that the chief health officer reasonably needs to decide the application.

(2) If the applicant fails to comply with a requirement under

subsection (1), the chief health officer may refuse to consider the application further.

(1) The chief health officer must—

(a) give the applicant approval to supply syringes by way of vending machine; or

(b) refuse to give the approval.

(2) In deciding the application, the chief health officer must consider—

(a) the public interest, including the desirability of preventing the spread of disease; and

(b) the existing availability of syringes.

(3) Subsection (2) does not limit the matters that the chief health officer may consider.

(4) A vending machine approval must be given in writing and must state—

(a) the full name and address of the person to whom the approval is given; and

(b) the period for which the approval is given.

(1) A vending machine approval is subject to the conditions stated in the approval.

(2) The conditions must include requirements relating to—

(a) the number of vending machines that may be installed under the approval; and

(b) where each machine is to be located; and

(c) the syringes that may be supplied from the machines; and

(d) maintenance of the machines.

(3) The conditions may include any other requirements the chief health officer considers appropriate.

1 information to be displayed or available at the machine

2 frequency of inspection

3 keeping of records

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(1) An approved person may surrender his or her vending machine approval by giving written notice of surrender to the chief health officer.

(2) The surrender of an approval takes effect on—

(a) the day, and, the time on that day, the notice of surrender is given to the chief health officer; or

(b) if a later date of effect is stated in the notice—that date.

(1) The chief health officer may cancel a person’s vending machine approval if the chief health officer believes, on reasonable grounds, that the person has contravened a condition of the approval.

(2) The cancellation of a vending machine approval takes effect on the day the notice of the cancellation is given under section 198A.

(1) A person commits an offence if—

(a) the person’s vending machine approval is surrendered or cancelled; and

(b) the person fails to take all reasonable steps to return the approval to the chief health officer as soon as practicable (but within 7 days) after the day the surrender or cancellation takes effect.

Maximum penalty: 20 penalty units.

(2) An offence against this section is a strict liability offence.

(1) An approved person, or someone acting for an approved person, does not commit an offence under or because of the Criminal Code, part 2.4 (Extensions of criminal responsibility) only because of something done by the person for the purpose of supplying syringes under a vending machine approval and in accordance with the conditions of the approval.

(2) A person who prints or publishes a notice, announcement or advertisement in any form about the supply by people of syringes in the circumstances mentioned in subsection (1) does not, only because of that printing or publishing, commit an offence under or because of the Criminal Code, part 2.4 (Extensions of criminal responsibility).

For this part—

(a) a decision mentioned in schedule 6 is a reviewable decision; and

(b) a person mentioned in schedule 6 in relation to a reviewable decision is an eligible person for the decision.

(1) If a person (the decision-maker) makes a reviewable decision, the decision-maker must give written notice of the decision to each eligible person for the decision.

(2) The notice must comply with the requirements of the code of practice in force under the Administrative Appeals Tribunal Act 1989, section 25B (1).

(3) In particular, the notice must tell the person—

(a) that the person has the right to apply to the administrative appeals tribunal for review of the decision, and how the application must be made; and

(b) about the options available under other Territory laws to have the decision reviewed by a court or the ombudsman.

An eligible person may apply to the administrative appeals tribunal for review of a reviewable decision.

Presentation speech made in the Legislative Assembly on 2004.

Notified under the Legislation Act on 2004.

For the latest republication of amended laws, see www.legislation.act.gov.au.