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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Medicinal Cannabis Legislation
Amendment (Securing Patient Access)
Bill 2017
No. , 2017
(Senator Di Natale)
A Bill for an Act to amend the law relating to
medicinal cannabis, and for related purposes
No. , 2017
Medicinal Cannabis Legislation Amendment (Securing Patient Access)
Bill 2017
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Customs Act 1901
3
Narcotic Drugs Act 1967
4
No. , 2017
Medicinal Cannabis Legislation Amendment (Securing Patient Access)
Bill 2017
1
A Bill for an Act to amend the law relating to
1
medicinal cannabis, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
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This Act is the Medicinal Cannabis Legislation Amendment
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(Securing Patient Access) Act 2017.
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2 Commencement
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(1) Each provision of this Act specified in column 1 of the table
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commences, or is taken to have commenced, in accordance with
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column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
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12
2
Medicinal Cannabis Legislation Amendment (Securing Patient Access)
Bill 2017
No. , 2017
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after 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.
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3 Schedules
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Legislation that is specified in a Schedule to this Act is amended or
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repealed as set out in the applicable items in the Schedule
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concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
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Amendments Schedule 1
No. , 2017
Medicinal Cannabis Legislation Amendment (Securing Patient Access)
Bill 2017
3
Schedule 1--Amendments
1
2
Customs Act 1901
3
1 After section 51A
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Insert:
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51B Conditions on the importation of medicinal cannabis
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(1) This section applies in relation to the importation of prohibited
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goods intended to be used as medicinal cannabis products.
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(2) For the purposes of satisfying the conditions of a licence,
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permission, consent or approval to import the goods:
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(a) the goods are taken to be drugs required for medical
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purposes; and
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(b) if a condition permits the supply of the goods to a person for
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a purpose mentioned in paragraph 19(1)(a) or (b), or
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subsection 19(5), of the Therapeutic Good Act 1989, that
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condition is taken to also permit the supply of the goods to a
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person in the circumstances mentioned in
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subregulation 12A(2) of the Therapeutic Goods
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Regulations 1990.
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Note 1:
Paragraphs 19(1)(a) and (b), and subsection 19(5), of the Therapeutic
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Goods Act 1989 permit supply of imported medicinal cannabis under
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the Special Access Scheme Category--B, clinic trials scheme and
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authorised prescribers scheme.
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Note 2:
Subregulation 12A(2) of the Therapeutic Goods Regulations 1990
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permits the supply of imported medicinal cannabis, as exempted
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goods, under the Special Access Scheme Category--A.
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2 Application provision
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The amendment made by this Schedule applies in relation to the
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following:
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(a) a prohibited good imported on or after the commencement of
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this Schedule;
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(b) a condition of a licence, permission, consent or approval
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imposed before, on or after the commencement of this
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Schedule.
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Schedule 1 Amendments
4
Medicinal Cannabis Legislation Amendment (Securing Patient Access)
Bill 2017
No. , 2017
Narcotic Drugs Act 1967
1
3 After subparagraph 11K(2)(b)(ii)
2
Insert:
3
(iia) supplied for the purposes of use in the circumstances
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mentioned in subsection (2A) if the supply for that
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purpose is, or is likely to be, notified to the Secretary
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under the Therapeutic Goods Act 1989; or
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4 After subsection 11K(2)
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Insert:
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(2A) For the purposes of subparagraph (2)(b)(iia), the circumstances are
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the following:
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(a) the medicinal cannabis is to be given to a person who is
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seriously ill with a condition from which death is reasonably
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likely to occur within a matter of months, or from which
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premature death is reasonably likely to occur in the absence
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of early treatment;
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(b) the medical practitioner by whom, or at whose direction, the
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medicinal cannabis is to be given to the person has complied,
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or is likely to comply, with the requirements under the
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Therapeutic Goods Act 1989, and regulations made under
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that Act, in relation to the supply of the medicinal cannabis to
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the person.
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