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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017-2018
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Criminal Code and Other Legislation
Amendment (Removing Commonwealth
Restrictions on Cannabis) Bill 2018
No. , 2018
(Senator Leyonhjelm)
A Bill for an Act to remove Commonwealth
restrictions on cannabis, and for related purposes
No. , 2018
Criminal Code and Other Legislation Amendment (Removing
Commonwealth Restrictions on Cannabis) Bill 2018
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments to the Criminal Code Act 1995
3
Criminal Code Act 1995
3
Schedule 2--Amendments to the Criminal Code
Regulations 2002
5
Criminal Code Regulations 2002
5
Schedule 3--Amendments to the Crimes (Traffic in Narcotic
Drugs and Psychotropic Substances) Act 1990
6
Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act
1990
6
Schedule 4--Amendments to the Defence Force Discipline Act
1982
8
Defence Force Discipline Act 1982
8
Schedule 5--Amendments to the Narcotic Drugs Act 1967
11
Narcotic Drugs Act 1967
11
Schedule 6--Amendments to the Therapeutic Goods Act 1989
20
Therapeutic Goods Act 1989
20
No. , 2018
Criminal Code and Other Legislation Amendment (Removing
Commonwealth Restrictions on Cannabis) Bill 2018
1
A Bill for an Act to remove Commonwealth
1
restrictions on cannabis, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the Criminal Code and Other Legislation Amendment
5
(Removing Commonwealth Restrictions on Cannabis) Act 2018.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Criminal Code and Other Legislation Amendment (Removing
Commonwealth Restrictions on Cannabis) Bill 2018
No. , 2018
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day after this Act receives the Royal
Assent.
2. Schedules 1 to
6
The day after the end of the period of 12
months beginning on the day this Act
receives the Royal Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Note:
The provisions of the Criminal Code Regulations 2002 amended or
12
inserted by this Act, and any other provisions of those regulations,
13
may be amended or repealed by regulations made under section 5 of
14
the Criminal Code Act 1995 (see subsection 13(5) of the Legislation
15
Act 2003).
16
Amendments to the Criminal Code Act 1995 Schedule 1
No. , 2018
Criminal Code and Other Legislation Amendment (Removing
Commonwealth Restrictions on Cannabis) Bill 2018
3
Schedule 1--Amendments to the Criminal
1
Code Act 1995
2
3
Criminal Code Act 1995
4
1 Section 300.2 of the Criminal Code
5
Insert:
6
cannabis means:
7
(a) any part of a cannabis plant (including the whole plant and
8
any flowering or fruiting tops, seeds, stems and leaves),
9
however described; or
10
(b) any resin, oil, compound (including cannabinoids) or other
11
product, whether crude or purified, obtained from a cannabis
12
plant.
13
2 Before section 301.1 of the Criminal Code
14
Insert:
15
301.1A Application of this Act to cannabis
16
Despite any other provision of this Act, a regulation must not list
17
cannabis as, and the Minister must not determine cannabis is, any
18
of the following:
19
(a) a controlled drug;
20
(b) a controlled plant;
21
(c) a border controlled drug;
22
(d) a border controlled plant;
23
(e) a serious drug;
24
(f) a controlled precursor;
25
(g) a border controlled precursor.
26
3 Subsection 301.2(2) of the Criminal Code
27
After "permit", insert "certain".
28
Schedule 1 Amendments to the Criminal Code Act 1995
4
Criminal Code and Other Legislation Amendment (Removing
Commonwealth Restrictions on Cannabis) Bill 2018
No. , 2018
4 After paragraph 320.2(2)(b) of the Criminal Code
1
Insert:
2
(ba) cannabis; or
3
Amendments to the Criminal Code Regulations 2002 Schedule 2
No. , 2018
Criminal Code and Other Legislation Amendment (Removing
Commonwealth Restrictions on Cannabis) Bill 2018
5
Schedule 2--Amendments to the Criminal
1
Code Regulations 2002
2
3
Criminal Code Regulations 2002
4
1 Regulation 5B
5
Repeal the regulation.
6
2 Subregulation 5E(1) (table item 1)
7
Repeal the item.
8
3 Schedule 3 (table items 50, 51, 95 and 238)
9
Repeal the items.
10
4 Schedule 4 (table items 34, 35, 36, 71 and 194)
11
Repeal the items.
12
Schedule 3 Amendments to the Crimes (Traffic in Narcotic Drugs and Psychotropic
Substances) Act 1990
6
Criminal Code and Other Legislation Amendment (Removing
Commonwealth Restrictions on Cannabis) Bill 2018
No. , 2018
Schedule 3--Amendments to the Crimes
1
(Traffic in Narcotic Drugs and
2
Psychotropic Substances) Act 1990
3
4
Crimes (Traffic in Narcotic Drugs and Psychotropic
5
Substances) Act 1990
6
1 Section 3
7
Repeal the following definitions:
8
(a) definition of cannabis;
9
(b) definition of cannabis plant;
10
(c) definition of cannabis resin.
11
2 Section 3 (paragraph (c) of the definition of manufacture)
12
Omit "opium, coca leaves, cannabis or cannabis resin", substitute
13
"opium or coca leaves".
14
3 Paragraph 6(1)(a)
15
Omit "opium poppy, coca bush or cannabis plant", substitute "opium
16
poppy or coca bush".
17
4 Paragraph 6(1)(b)
18
Omit "opium, coca leaves, cannabis or cannabis resin", substitute
19
"opium or coca leaves.".
20
5 Subsection 15(2) (table item dealing with cultivation of
21
cannabis plant)
22
Repeal the item.
23
6 Subsection 15(5) (table)
24
Repeal the table, substitute:
25
26
Quantity of drug or substance
Maximum Period of Imprisonment
If a commercial quantity of the drug or
substance was sold, supplied or
Life
Amendments to the Crimes (Traffic in Narcotic Drugs and Psychotropic Substances)
Act 1990 Schedule 3
No. , 2018
Criminal Code and Other Legislation Amendment (Removing
Commonwealth Restrictions on Cannabis) Bill 2018
7
Quantity of drug or substance
Maximum Period of Imprisonment
possessed
If a traffickable quantity of the drug or
substance was sold, supplied or
possessed
25 years
If less than a traffickable quantity of the
drug or substance was sold, supplied or
possessed
5 years
1
7 Schedule 2 (table items dealing with Cannabis, Cannabis
2
Oil and Cannabis Resin)
3
Repeal the table items.
4
8 Part 1 of Schedule 3 (table item dealing with
5
Tetrahydrocannabinols (THC) and their alkyl
6
homologues)
7
Repeal the table item.
8
Schedule 4 Amendments to the Defence Force Discipline Act 1982
8
Criminal Code and Other Legislation Amendment (Removing
Commonwealth Restrictions on Cannabis) Bill 2018
No. , 2018
Schedule 4--Amendments to the Defence
1
Force Discipline Act 1982
2
3
Defence Force Discipline Act 1982
4
1 Section 59
5
Repeal the section, substitute:
6
59 Dealing in or possession of prohibited drugs
7
Selling, dealing or trafficking in a prohibited drug--defence
8
member or defence civilian outside Australia
9
(1) A person who is a defence member or a defence civilian commits
10
an offence if the person:
11
(a) is outside Australia; and
12
(b) sells, or deals or traffics in, a prohibited drug; and
13
(c) knows the nature of the drug.
14
Maximum punishment:
Imprisonment for 10 years.
15
(2) It is a defence to a charge under subsection (1) if the person proves
16
that he or she had lawful authority for the conduct mentioned in
17
paragraph (1)(b).
18
Note:
The defendant bears a legal burden in relation to the matter in
19
subsection (2). See section 13.4 of the Criminal Code.
20
Possessing a prohibited drug--defence member or defence civilian
21
outside Australia
22
(3) A person who is a defence member or a defence civilian commits
23
an offence if the person:
24
(a) is outside Australia; and
25
(b) is in possession of a prohibited drug; and
26
(c) knows that he or she possesses that drug and knows its
27
nature.
28
Maximum punishment:
Imprisonment for 2 years.
29
Amendments to the Defence Force Discipline Act 1982 Schedule 4
No. , 2018
Criminal Code and Other Legislation Amendment (Removing
Commonwealth Restrictions on Cannabis) Bill 2018
9
(4) It is a defence to a charge under subsection (3) if the person proves
1
that he or she lawful authority for possessing the prohibited drug.
2
Note:
The defendant bears a legal burden in relation to the matter in
3
subsection (4). See section 13.4 of the Criminal Code.
4
Administering a prohibited drug--defence member or defence
5
civilian outside Australia.
6
(5) A person who is a defence member or a defence civilian commits
7
an offence if the person:
8
(a) is outside Australia; and
9
(b) administers, or causes or permits to be administered, to
10
himself or herself, a prohibited drug.
11
Maximum punishment:
Imprisonment for 2 years.
12
(5A) It is a defence to a charge under subsection (5) if the person proves
13
that he or she had lawful authority for the conduct mentioned in
14
paragraphs (5)(b).
15
Administering a prohibited drug--defence member or defence
16
civilian in Australia
17
(6) A person who is a defence member or a defence civilian commits
18
an offence if the person:
19
(a) is in Australia; and
20
(b) administers, or causes or permits to be administered, to
21
himself or herself a prohibited drug.
22
Maximum punishment:
23
(c) if the convicted person is a defence member--imprisonment
24
for 2 years; or
25
(d) if the convicted person is a defence civilian--a fine of 3
26
penalty units.
27
(6A) It is a defence to a charge under subsection (6) if the person proves
28
that he or she had lawful authority for the conduct mentioned in
29
paragraphs (6)(b).
30
Schedule 4 Amendments to the Defence Force Discipline Act 1982
10
Criminal Code and Other Legislation Amendment (Removing
Commonwealth Restrictions on Cannabis) Bill 2018
No. , 2018
Possessing non-trafficable quantity of a prohibited drug--defence
1
member in Australia
2
(7) A defence member commits an offence if the member:
3
(a) is in Australia; and
4
(b) is in possession of a quantity of a prohibited drug not
5
exceeding the prescribed quantity of that drug; and
6
(c) knows that he or she possesses that drug and knows its
7
nature.
8
Maximum punishment:
Imprisonment for 2 years.
9
(8) It is a defence to a charge under subsection (7) if the member
10
proves that he or she had lawful authority for possessing the
11
prohibited drug.
12
Note:
The defendant bears a legal burden in relation to the matter in
13
subsection (8). See section 13.4 of the Criminal Code.
14
Definitions
15
(9) In this section:
16
controlled drug has the same meaning as in Part 9.1 of the
17
Criminal Code.
18
controlled plant has the same meaning as in Part 9.1 of the
19
Criminal Code.
20
prescribed quantity, in relation to a prohibited drug, means:
21
(a) for a narcotic substance that is a controlled drug or a
22
controlled plant in relation to which there is a trafficable
23
quantity specified under the Criminal Code--the trafficable
24
quantity so specified for that substance; or
25
(b) for any other prohibited drug--50 grams.
26
prohibited drug means:
27
(a) a narcotic substance (as defined by subsection 4(1) of the
28
Customs Act 1901); or
29
(b) an anabolic steroid (within the meaning of Part 8 of the
30
Crimes Act 1900 (ACT)).
31
Amendments to the Narcotic Drugs Act 1967 Schedule 5
No. , 2018
Criminal Code and Other Legislation Amendment (Removing
Commonwealth Restrictions on Cannabis) Bill 2018
11
Schedule 5--Amendments to the Narcotic
1
Drugs Act 1967
2
3
Narcotic Drugs Act 1967
4
1 Section 3
5
Repeal the section, substitute:
6
3 Simplified outline of this Act
7
This Act gives effect to certain of Australia's obligations under the
8
Single Convention on Narcotic Drugs, 1961, as in force from time
9
to time. The Convention, as amended by the 1972 Protocol, is set
10
out in Schedule 1 to this Act.
11
A licensing and permit scheme regulates the manufacture of drugs
12
covered by the Convention, but does not include cannabis.
13
Authorised inspectors have monitoring, inspection and
14
enforcement powers under the Regulatory Powers Act to ensure
15
this Act is being complied with. The Secretary has comprehensive
16
powers to give directions to licence holders and former licence
17
holders.
18
2 Section 4 (definition of cannabis)
19
Repeal the definition, substitute:
20
cannabis has the same meaning as in section 300.2 of the Criminal
21
Code.
22
3 Section 4
23
Repeal the following definitions:
24
(a) definition of cannabis licence;
25
(b) definition of cannabis permit;
26
(c) definition of cannabis plant;
27
(d) definition of cannabis research licence;
28
Schedule 5 Amendments to the Narcotic Drugs Act 1967
12
Criminal Code and Other Legislation Amendment (Removing
Commonwealth Restrictions on Cannabis) Bill 2018
No. , 2018
(e) definition of cannabis research permit;
1
(f) definition of cannabis resin;
2
(g) definition of cultivate a cannabis plant;
3
(h) definition of medicinal cannabis licence;
4
(i) definition of medicinal cannabis permit;
5
(j) definition of medicinal cannabis product.
6
4 Section 4 (definition of licence)
7
Repeal the definition, substitute:
8
licence means a manufacture licence.
9
5 Section 4 (definition of permit)
10
Repeal the definition, substitute:
11
permit means a manufacture permit.
12
6 After section 4
13
Insert:
14
4A Application of this Act to cannabis
15
(1) Nothing in this Act makes it an offence or contravention of a civil
16
penalty provision for any person or body corporate to participate in
17
the cultivation, production, manufacture, extraction, preparation,
18
transportation, distribution, delivery, brokerage, dispatch,
19
trafficking, offering, purchase, sale, trade, exporting, importing,
20
use, consumption or possession of cannabis.
21
(2) Subsection (1) is enacted for the avoidance of doubt.
22
(3) A reference in this Act to a drug does not include a reference to
23
cannabis.
24
7 Section 7A
25
Repeal the section.
26
8 Section 8
27
Repeal the section, substitute:
28
Amendments to the Narcotic Drugs Act 1967 Schedule 5
No. , 2018
Criminal Code and Other Legislation Amendment (Removing
Commonwealth Restrictions on Cannabis) Bill 2018
13
8 Provisional application of Act to substances
1
(1) Where the Commission on Narcotic Drugs of the Economic and
2
Social Council of the United Nations decides, in accordance with
3
paragraph 3 of Article 3 of the Convention, that the Parties to the
4
Convention shall apply provisionally to a substance all measures of
5
control applicable to drugs in Schedule I annexed to the
6
Convention, the regulations may provide that the substance is a
7
drug for the purposes of this Act.
8
(2) Subsection (1) does not apply to cannabis.
9
9 Chapter 2
10
Repeal the Chapter.
11
10 Section 11F
12
Repeal the section, substitute:
13
11F Simplified outline of this Chapter
14
A manufacture licence may authorise the manufacture of a drug
15
and activities related to such manufacture.
16
Before a licence holder can manufacture a drug, the licence holder
17
must obtain a manufacture permit. Permits deal with matters such
18
as the types and quantities of drugs that can be manufactured.
19
Certain conditions are imposed on all manufacture licence holders,
20
and the Secretary may impose additional conditions.
21
Manufacture licences and manufacture permits can be varied or
22
revoked in certain circumstances.
23
There are offences and civil penalties relating to the manufacture
24
of drugs.
25
11 Section 11K
26
Repeal the section.
27
Schedule 5 Amendments to the Narcotic Drugs Act 1967
14
Criminal Code and Other Legislation Amendment (Removing
Commonwealth Restrictions on Cannabis) Bill 2018
No. , 2018
12 Paragraph 11N(i)
1
Repeal the paragraph.
2
13 Section 12F
3
Repeal the section, substitute:
4
12F Conditions that may be described or imposed
5
The conditions of a manufacture licence that may be prescribed or
6
imposed may relate to, but are not limited to, the following:
7
(a) matters relating to the activities authorised by the licence,
8
including activities authorised in accordance with a permit;
9
(b) the supply, delivery, dealing in any way with, transportation
10
and disposal of drugs manufactured under the licence;
11
(c) waste disposal;
12
(d) the destruction of drugs, narcotic preparations and
13
by-products of such drugs or preparations;
14
(e) documentation and record keeping in respect of activities to
15
which the licence relates;
16
(f) facilities and containment in respect of the manufacture
17
authorised by the licence, including requirements relating to
18
the following:
19
(i) the security of the premises;
20
(ii) the certification of premises or facilities to specified
21
containment levels;
22
(g) the safety, security and surveillance of premises;
23
(h) access to land and premises on which activities authorised by
24
the licence are, are to be, or have been undertaken;
25
(i) measures to manage risks posed to the health and safety of
26
people, or to the environment;
27
(j) data collection, including studies to be conducted;
28
(k) information that is to be provided, whether on request by the
29
Secretary or on a regular basis, and the times at which, or
30
periods within which, such information is to be provided;
31
(l) the taking of samples of any thing to which the licence relates
32
and the removal and testing of such samples;
33
(m) auditing and reporting;
34
Amendments to the Narcotic Drugs Act 1967 Schedule 5
No. , 2018
Criminal Code and Other Legislation Amendment (Removing
Commonwealth Restrictions on Cannabis) Bill 2018
15
(n) actions to be taken in case of loss, theft, spoilage or
1
destruction (however occurring) of drugs manufactured,
2
under (or purportedly under) the licence, or of narcotic
3
preparations;
4
(o) compliance with a code of practice;
5
(p) contingency planning;
6
(q) matters relating to the employment of staff or the engagement
7
of contractors;
8
(r) advertising to the public by the licence holder in relation to
9
drugs or narcotic preparations.
10
14 Section 12L
11
Repeal the section.
12
15 Section 12M
13
Repeal the section.
14
16 Section 14H
15
Repeal the section, substitute:
16
14H Simplified outline of this Chapter
17
This Chapter enables the Secretary to obtain information and
18
documents from applicants for licences and licence holders.
19
This Chapter also enables the Secretary to request information and
20
documents from other persons, and to require information and
21
documents from certain agencies.
22
The Secretary is authorised to release information and documents
23
obtained under or for the purposes of this Act.
24
The Secretary has directions powers with respect to the security of
25
premises and the destruction of drugs.
26
This Chapter also deals with internal and external review of
27
decisions.
28
Schedule 5 Amendments to the Narcotic Drugs Act 1967
16
Criminal Code and Other Legislation Amendment (Removing
Commonwealth Restrictions on Cannabis) Bill 2018
No. , 2018
This Chapter provides that State and Territory agencies can be
1
authorised to undertake the manufacture of certain drugs.
2
This Chapter provides for a review of the Act.
3
This Chapter also contains provisions dealing with matters such as:
4
(a)
requirements relating to drugs passing through
5
Australia; and
6
(b)
delegating powers and functions under this Act; and
7
(c)
serving notices; and
8
(d)
making regulations for the purposes of this Act.
9
17 Paragraph 14N(h)
10
Repeal the paragraph, substitute:
11
(h) the disclosure is in circumstances prescribed by the
12
regulations, being circumstances that relate to public safety
13
or the regulation of health professionals.
14
18 Paragraph 14P(1)(d)
15
Repeal the paragraph, substitute:
16
(d) give such directions to the person as the Secretary considers
17
appropriate in relation to drugs or narcotic preparations
18
manufactured by the person or in the person's possession or
19
control, or substances used in such manufacture in the
20
person's possession or control; including but not limited to
21
directions in relation to their handling at a place other than
22
the land or premises at which the obtaining, production or
23
manufacture occurred; or
24
19 Section 15
25
Repeal the section, substitute:
26
15 Directions with respect to destruction, etc.
27
(1) The Secretary may, by notice in writing given to a person who is
28
licence holder, or who has been a licence holder, require the
29
destruction of, or other dealings with, drugs or narcotic
30
Amendments to the Narcotic Drugs Act 1967 Schedule 5
No. , 2018
Criminal Code and Other Legislation Amendment (Removing
Commonwealth Restrictions on Cannabis) Bill 2018
17
preparations in the person's possession or control, if the Secretary
1
is satisfied on reasonable grounds that:
2
(a) the drugs or narcotic preparations were manufactured in
3
breach of the licence; or
4
(b) the drugs or narcotic preparations were manufactured in
5
circumstances prescribed by the regulations; or
6
(c) circumstances prescribed by the regulations for the purposes
7
of this paragraph exist.
8
(2) If the Secretary requires the destruction of, or other dealing with,
9
drugs or narcotic preparations the Secretary may:
10
(a) direct the person to whom the notice was given under
11
subsection (1), or a person in charge of the drugs or narcotic
12
preparations, to carry out the destruction or dealing; or
13
(b) carry out the destruction or dealing; or
14
(c) arrange for another person with appropriate qualifications or
15
expertise to carry out the destruction or dealing.
16
(3) If the Secretary:
17
(a) directs the destruction of, or other dealing with, drugs or
18
narcotic preparations as mentioned in paragraph (2)(a); or
19
(b) arranges for such destruction or dealing as mentioned in
20
paragraph (2)(c);
21
the Secretary may supervise the destruction or dealing.
22
(4) If the Commonwealth incurs costs because of a requirement under
23
this section:
24
(a) the person to whom the notice was given under
25
subsection (1) is liable to pay to the Commonwealth an
26
amount equal to the costs; and
27
(b) the amount may be recovered by the Commonwealth as a
28
debt due to the Commonwealth in a court of competent
29
jurisdiction.
30
Note:
For requirements for a notice of a decision to give a direction under
31
this section, see section 15F.
32
20 Section 15B
33
Repeal the section, substitute:
34
Schedule 5 Amendments to the Narcotic Drugs Act 1967
18
Criminal Code and Other Legislation Amendment (Removing
Commonwealth Restrictions on Cannabis) Bill 2018
No. , 2018
15B General matters about directions
1
(1) This section applies to a direction under section 14P, 15 or 15A.
2
(2) To avoid doubt, the direction may be given in respect of:
3
(a) drugs or narcotic preparations generally; or
4
(b) drugs or narcotic preparations, of a kind specified in the
5
direction; or
6
(c) particular drugs or narcotic preparations, specified in the
7
direction.
8
(3) If the direction is inconsistent with a condition of a licence
9
(whether the condition is specified in the licence or imposed by
10
this Act), the condition is of no effect to the extent of the
11
inconsistency.
12
21 Section 15E
13
Repeal the section, substitute:
14
15E Reviewable decisions
15
(1) Each of the following decisions of the Secretary is a reviewable
16
decision:
17
(a) a decision under section 11H to refuse to grant a manufacture
18
licence;
19
(b) a decision under section 11L to impose conditions on a
20
manufacture licence;
21
(c) a decision under section 12A to refuse to grant a manufacture
22
permit;
23
(d) a decision under subsection 13(1) to vary a manufacture
24
licence or a manufacture permit;
25
(e) a decision under subsection 13A(4) to refuse to vary a
26
manufacture licence or a manufacture permit on application;
27
(f) a decision under section 13B to revoke a manufacture licence
28
or a manufacture permit;
29
(g) a decision under section 14P or 15 to give a direction to the
30
holder or former holder of a licence;
31
(h) a decision under section 15A to give a direction to the holder
32
of a manufacture licence.
33
Amendments to the Narcotic Drugs Act 1967 Schedule 5
No. , 2018
Criminal Code and Other Legislation Amendment (Removing
Commonwealth Restrictions on Cannabis) Bill 2018
19
(2) The regulations may also provide that a decision made under a
1
specified provision of this Act is a reviewable decision.
2
Note:
The reference to this Act includes a reference to instruments made
3
under this Act (see the definition of this Act in subsection 4(1)).
4
22 Section 25A
5
Repeal the section.
6
23 Subsection 27(4)
7
Repeal the subsection (not including the heading), substitute:
8
(4) The regulations may provide for or in relation to the following:
9
(a) testing of samples;
10
(b) regulating, restricting or prohibiting premises, vehicles,
11
equipment or machines used, or intended to be used, for or in
12
connection with activities relating to licences;
13
(c) empowering the Secretary to do things in relation to drugs
14
and narcotic preparations, that have been seized under this
15
Act;
16
(d) modifying the operation of Chapter 3 of this Act if the
17
applicant for a licence, or a licence holder, is an agency of a
18
State or Territory;
19
(e) how forfeited goods are dealt with.
20
Schedule 6 Amendments to the Therapeutic Goods Act 1989
20
Criminal Code and Other Legislation Amendment (Removing
Commonwealth Restrictions on Cannabis) Bill 2018
No. , 2018
Schedule 6--Amendments to the Therapeutic
1
Goods Act 1989
2
3
Therapeutic Goods Act 1989
4
1 After section 52E
5
Insert:
6
52EAAA Exemption of cannabis from the Poisons Standard
7
(1) The Secretary must ensure that the current Poisons Standard does
8
not apply in relation to cannabis.
9
(2) In this section, cannabis has the same meaning as in section 300.2
10
of the Criminal Code.
11
(3) Subsections (1) and (2) apply despite anything in sections 52D or
12
52E.
13