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DRUGS OF DEPENDENCE REGULATION 2009 (NO 5 OF 2009)
2009
DRUGS OF DEPENDENCE
REGULATION 2009
Circulated by the authority
Katy Gallagher MLA
Minister for Health
Following the commencement of the Criminal Code (Serious Drug
Offences) Amendment Act 2004 the Drugs of Dependence
Act 1989 ceased to deal with serious drug offences. The Drugs of
Dependence Act 1989 did however retain some lower order offences and
the Simple Cannabis Offence Notice Scheme. The Drugs of Dependence
Act 1989 was also, until the commencement of the Medicines, Poisons and
Therapeutic Goods Act 2008 (the MPTG Act), the primary legislative tool for
regulating the legitimate manufacture, supply, and use of pharmaceuticals in the
ACT.
Upon commencement of the Criminal Code (Serious Drug Offences)
Amendment Act 2004, the schedules relating to ‘drugs of
dependence’ and ‘prohibited drugs’ in the Drugs of Dependence
Regulation 1993 were moved to schedule 1 of the Criminal Code
Regulation 2005.
The Drugs of Dependence Regulation 2005
ensured that schedule 1 of the Criminal Code Regulation 2005 also
applied to the Drugs of Dependence Act 1989. The Drugs of
Dependence Regulation 2005 also included a schedule that at the time was
needed for the licensing scheme for the manufacture of drugs in part 2 of
the Drugs of Dependence Act 1989.
This Regulation will
replace the Drugs of Dependence Regulation 2005. The provisions applying
schedule 1 of the Criminal Code Regulation 2005 to the Drugs of
Dependence Act 1989 are retained, but with amended headings, to reflect
consequential amendments made by the MPTG Act.
The licensing of the
manufacture of drugs is now governed by the MPTG Act, replacing the licensing
scheme that was in the Drugs of Dependence legislation. Accordingly, the
schedule in the Drugs of Dependence Regulation 2005 and the section
applying the schedule were not required in this Regulation.
The
differences between the Drugs of Dependence Regulation 2005 and this
Regulation are minor; being corrected references and the removal of redundant
provisions. On that basis a Regulatory Impact Statement for the Regulation is
not required under section 34 of the Legislation Act 2001 as
this Regulation does not impose an appreciable cost on the community, or a part
of the community.
This section sets out the name of the Regulation as the Drugs of
Dependence Regulation 2009.
The commencement of the Regulation is tied to commencement of the
Medicines, Poisons and Therapeutic Goods Act 2008,
schedule 2.9.
This section provides that notes are explanatory and not part of the
regulation.
Section 4 – Drugs of dependence – Act,
dict, def drug of dependence
Section 4(a) provides that a
substance listed in part 1.1 of Schedule 1 of the Criminal Code
Regulation 2005 is a drug of dependence for the Drugs of
Dependence Act 1989.
Furthermore, a drug that is an
associated drug or a related drug of a substance listed in
part 1.1 of Schedule 1 of the Criminal Code Regulation 2005 is
also a drug of dependence by virtue of this provision. What is an associated
drug is established by section 5(2) of the Criminal Code
Regulation 2005. Section 5(3) of the Criminal Code
Regulation 2005 establishes what is a related
drug.
Section 5 – Prohibited substances – Act, s
3(1), def prohibited substance
Section 5(a) provides that a
substance listed in part 1.2 of Schedule 1 of the Criminal Code
Regulation 2005 is a prohibited substance for the Drugs of
Dependence Act 1989.
Furthermore, a drug that is an
associated drug or a related drug of a substance listed in
part 1.2 of Schedule 1 of the Criminal Code Regulation 2005 is
also a drug of dependence by virtue of this provision. What is an associated
drug is established by section 5(2) of the Criminal Code
Regulation 2005. Section 5(3) of the Criminal Code
Regulation 2005 establishes what is a related drug.