Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(see s 5)
Part 1.1 Drugs of Dependence Act 1989
omit
cocaine, pentazocine or pethidine
substitute
cocaine, fentanyl, pentazocine or pethidine
Explanatory note
This amendment allows the supply of fentanyl (in addition to cocaine, pentazocine and pethidine) to dentists. Fentanyl is used for providing short-term pain relief in dental treatment.
[1.2] Section 160 (1), definition of exempt person , paragraph (d)
omit
cocaine, pethidine or pentazocine
substitute
cocaine, fentanyl, pentazocine or pethidine
Explanatory note
This amendment allows dentists to possess fentanyl (in addition to cocaine, pentazocine and pethidine) for the treatment of patients. Fentanyl is used for providing short-term pain relief.
omit
cocaine, pethidine or pentazocine
substitute
cocaine, fentanyl, pentazocine or pethidine
Explanatory note
This amendment allows dentists to sell fentanyl (in addition to cocaine, pentazocine and pethidine) as part of their treatment of patients. Fentanyl is used for providing short-term pain relief.
omit
cocaine, pethidine, or pentazocine
substitute
cocaine, fentanyl, pentazocine or pethidine
Explanatory note
This amendment allows dentists to administer fentanyl (in addition to cocaine, pentazocine and pethidine) as part of their treatment of patients. Fentanyl is used for providing short-term pain relief.
Part 1.2 Interactive Gambling Act 1998
substitute
Maximum penalty: 200 penalty units, imprisonment for 2 years or both.
Explanatory note
This amendment corrects a typographical error.
Section 14 (1) imposes a penalty of 200 penalty units and imprisonment
for 2 months instead of 2 years. The amendment brings the penalty provision
into line with other provisions of the Act that impose a maximum penalty of
200 penalty units and a term of imprisonment or both.
Part 1.3 Land (Planning and Environment) Act 1991
[1.6] Section 186C (2) (b) (i)
substitute
(i) the conservator; and
Explanatory note
This amendment corrects an unintended consequential amendment made when the planning and land authority was established. Section 186C originally provided that a rural lease could only be granted, transferred or varied if the Minister or someone authorised by the Minister had signed a land management agreement. The Executive Director of Environment ACT was authorised to sign these agreements.
When the planning and land authority was established, the Act was amended to assign many of the functions exercised by the Minister to the planning and land authority. However, section 186C (2) was amended so that the planning and land authority was required to sign the land management agreements. This amendment restores the previous position by providing that the conservator, (who is the Executive Director of Environment ACT), can sign land management agreements under section 186C (2). Conservator is defined in the dictionary as the conservator of flora and fauna. This position is established under the Nature Conservation Act 1980 and is responsible for various nature conservation and land management functions.
substitute
(4) If the conservator decides to vary a land management agreement under a provision of the agreement mentioned in section 186C (3), the conservator must give written notice of the decision to the other party to the agreement.
Explanatory note
Section 282A (4) requires notice of a decision by the planning and land authority under section 186C (3) to vary a land management agreement (other than by agreement between the parties) to be given to the other party to the agreement. This amendment is related to the amendment of section 186C (2) (b) (i) and restores the previous position by requiring the conservator rather than the planning and land authority to give notice to the other party to a land management agreement.
Part 1.4 Magistrates Court Act 1930
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If an authorised person
substitute
(1) If an authorised person
Explanatory note
This amendment is consequential on the insertion of a new subsection by the next amendment.
insert
(2) To remove any doubt, an authorised person may not serve an infringement notice on a person under this section for an offence after the end of the time within which a prosecution may be brought for the offence.
Note For the time within which a prosecution must be begun, see Legislation Act, s 192.
Explanatory note
Section 120 deals with the service of infringement notices for offences generally. The amendment makes it clear that an infringement notice cannot be served under the section for an offence that cannot be prosecuted. This is implicit in the nature of an infringement notice scheme and in the provisions of the Magistrates Court Act 1930 , part 8. For example, section 118 (1) provides ‘the purpose of this part is to create a system of infringement notices ... as an alternative to prosecution ' (emphasis added). However, the point is not expressly dealt with in the part. The amendment will put the matter beyond doubt by expressly providing that infringement notices may not be served for ‘stale' offences.
insert
(7A) To remove any doubt, an authorised person may not serve an infringement notice on a person under this section for an offence after—
(a) if regulations under subsection (7) prescribe a period for the offence—the end of the prescribed period; or
(b) in any other case—the end of the time within which a prosecution may be brought against the person for the offence.
(commencement: the later of the commencement of the Litter Act 2004 , section 29 or 14 days after the day this Act is notified)
Explanatory note
Section 131B (which is proposed to be inserted by the Litter Bill 2003 ) deals with the service of infringement notices for offences involving a vehicle on a responsible person for the vehicle. The amendment makes it clear that an infringement notice cannot be served under the section for an offence that cannot be prosecuted.
Under section 131B (7) the regulations may provide that an infringement notice for an offence may only be served under section 131B within the prescribed period after the day the offence was committed. The effect of section 131B (7) is reflected in the subsection inserted by the amendment.
renumber subsections when Act next republished under Legislation Act
(commencement: the later of the commencement of the Litter Act 2004 , section 29 or 14 days after the day this Act is notified)
Explanatory note
This amendment provides for the consequential renumbering of subsections.
insert
(6) To remove any doubt, subsection (2) does not permit the administering authority to lay an information against a person for an offence after the end of the time within which, apart from this section, a prosecution may be brought against the person for the offence.
Note For the time within which a prosecution must be begun, see Legislation Act, s 192.
Explanatory note
This amendment makes it clear that this section does not provide for an extended period within which a prosecution for an offence may be brought. The Legislation Act, section 192 limits the time for bringing prosecutions for minor summary offences to 1 year after the day of the commission of the offence unless ‘a Territory law provides for another period'.
The Magistrates Court Act 1930 , section 134 (2) provides that an administering authority ‘may' lay an information against a person for an offence for which an infringement notice has been served within 60 days after being given a notice disputing liability is received.
The better view is that the word
‘may' in this context indicates that the laying of an information is
discretionary rather than mandatory (see Legislation Act, section 146 (1)) and
does not empower the laying of an information within the 60-day period after
the
1-year period for bringing a prosecution has ended. This view is supported
by section 134 (5) which has the effect that a prosecution for an
offence must be begun within 60 days after the receipt of a notice disputing
liability for the offence.
The amendment will put the matter beyond doubt by expressly providing that the section does not permit the laying of an information after the end of the 1-year period.
insert
(2A) Subsections (1) and (2) do not apply in relation to the sale or supply of a restricted substance to, or the dispensing of a restricted substance for, a person (or someone else for whom the person is acting) if—
(a) the substance is a designated restricted substance under section 16A (Supply of certain restricted substances by pharmacists in emergencies); and
(b) the person is a person to whom section 16A applies; and
(c) the sale, supply or dispensing is in accordance with that section.
(commencement: the later of the commencement of the Nurse Practitioners Legislation Amendment Act 2004 , part 6 or 14 days after the day this Act is notified)
Explanatory note
This amendment inserts a new section 16 (2A) consequent on the insertion of a new section 16A by another amendment. The amendments in this part amend section 16 as it is proposed to be amended by the Nurse Practitioners Legislation Amendment Bill 2003 .
renumber subsections when Act next republished under Legislation Act
(commencement: the later of the commencement of the Nurse Practitioners Legislation Amendment Act 2004 , part 6 or 14 days after the day this Act is notified)
Explanatory note
This amendment provides for the consequential renumbering of subsections.
insert
16A Supply of certain restricted substances by pharmacists in emergencies
(1) This section applies if a pharmacist is satisfied that—
(a) a person is undergoing treatment essential to the person's health or well being; and
(b) a designated restricted substance has previously been prescribed for the treatment by a doctor or dentist; and
(c) the person is in immediate need of the substance for continuation of the treatment; and
(d) because of an emergency affecting the person, it is not practicable for the person to obtain a prescription for the substance from a doctor or dentist.
(2) The pharmacist may supply the designated restricted substance to the person if—
(a) the quantity supplied is not more than that required for 3 days treatment; or
(b) if the kind of substance supplied is a liquid, aerosol, cream, ointment or anovulant tablet that is contained in a standard pack—the standard pack is the smallest standard pack in which that kind of liquid, aerosol, cream, ointment or anovulant tablet is generally available.
(3) In this section:
"designated restricted substance" means a restricted substance that is not—
(a) an anabolic steroid; or
(b) a benzodiazepine; or
(c) a restricted substance prescribed under the regulations for this definition.
"supply" includes sell and dispense.
(commencement: the later of the commencement of the Nurse Practitioners Legislation Amendment Act 2004 , part 6 or 14 days after the day this Act is notified)
Explanatory note
This amendment allows a pharmacist to supply a small quantity of certain prescription medicines to a person without a doctor's or dentist's prescription if an emergency makes it impractical for the person to obtain a prescription for the medicine. The need for a provision of this kind was highlighted by the January 2003 bushfires. The amendment does not authorise the supply of drugs of dependence that are controlled under the Drugs of Dependence Act 1989 .