Commonwealth Consolidated Acts

NARCOTIC DRUGS ACT 1967

TABLE OF PROVISIONS

           Long Title

            

CHAPTER 1--Preliminary
            

   PART 1--GENERAL--PROVISIONS

   1.      Short title  
   2.      Commencement  
   2A.     Object of this Act  
   3.      Simplified outline of this Act  
   4.      Interpretation  
   5.      Crown to be bound  
   6.      Extension to external Territories  
   7.      Inconsistency with State and Territory laws  
   7A.     Interaction with State and Territory laws  
   8.      Provisional application of Act to substances  

   PART 2--FIT--AND PROPER PERSON REQUIREMENTS

   8A.     Matters to be taken into account in deciding whether a natural person is a fit and proper person  
   8B.     Matters to be taken into account in deciding whether a body corporate is a fit and proper person  
   8C.     Act does not affect spent conviction provisions  
            

CHAPTER 2--Medicinal cannabis licences and permits
            

   PART 1--INTRODUCTION

   8D.     Simplified outline of this Chapter  
   8DA.    Purpose of this Chapter  

   PART 2--LICENCES--AND PERMITS

           Division 1--Medicinal cannabis licences and permits

   8E.     Person may apply for a medicinal cannabis licence  
   8F.     Secretary must make a decision on an application for a medicinal cannabis licence  
   8G.     General circumstances in which Secretary must refuse to grant a medicinal cannabis licence  
   8H.     Exception in special circumstances  
   8J.     Particular circumstances in which Secretary must refuse to grant a medicinal cannabis licence that authorises the manufacture of a cannabis drug  
   8K.     Secretary may impose conditions  
   8L.     Notification of decision  
   8M.     Matters to be specified in a medicinal cannabis licence  
   8N.     Period for which a medicinal cannabis licence is in force  
   8P.     Holder of a medicinal cannabis licence may apply for a medicinal cannabis permit  
   9.      Secretary must make a decision on an application for a medicinal cannabis permit  
   9A.     Notification of decision  
   9B.     Matters to be specified in a medicinal cannabis permit  
   9C.     Period for which a medicinal cannabis permit is in force  

           Division 3--Conditions of medicinal cannabis licences

   10C.    Medicinal cannabis licence is subject to conditions  
   10D.    Conditions that may be prescribed or imposed  
   10E.    Condition that medicinal cannabis licence holder inform people of obligations  
   10F.    Condition that medicinal cannabis licence holder employ or engage suitable staff  
   10G.    Condition that activities authorised by medicinal cannabis licence are undertaken in accordance with medicinal cannabis permit  
   10H.    Condition about monitoring and inspection  
   10J.    Condition that medicinal cannabis licence holder be a party to certain contracts  
   10JA.   Condition for medicinal cannabis licence authorising the manufacture of cannabis drugs  
   10K.    Condition that licence holder notify the Secretary of certain matters  
   10L.    Sections 10E to 10K do not limit conditions that may be imposed or prescribed  

           Division 4--Variation and revocation of medicinal cannabis licences and medicinal cannabis permits

   10M.    Variation of medicinal cannabis licences and medicinal cannabis permits  
   10N.    Applications for variation of medicinal cannabis licences and medicinal cannabis permits  
   10P.    Revocation of medicinal cannabis licence and medicinal cannabis permit  
   11.     Secretary to notify of proposed revocation  
   11A.    Suspension or surrender of medicinal cannabis licences and medicinal cannabis permits  

   PART 3--OFFENCES--AND CIVIL PENALTIES RELATING TO CANNABIS PLANTS AND CANNABIS DRUGS

   11B.    Unauthorised cultivation of cannabis plants etc.  
   11C.    Breach of condition of a medicinal cannabis licence--cultivation  
   11D.    Unauthorised production of cannabis or cannabis resin  
   11E.    Breach of condition of a medicinal cannabis licence--production  
   11EA.   Unauthorised manufacture of cannabis drugs  
   11EB.   Breach of condition of a medicinal cannabis licence--manufacture  
            

CHAPTER 3--Licensing the manufacturing of narcotic drugs
            

   PART 1--INTRODUCTION

   11F.    Simplified outline of this Chapter  

   PART 2--LICENCES--AND PERMITS

           Division 1--Manufacture licences and permits

   11G.    Person may apply for a manufacture licence  
   11H.    Secretary must make a decision on an application for a manufacture licence  
   11J.    General circumstances in which Secretary must refuse to grant a manufacture licence  
   11L.    Secretary may impose conditions  
   11M.    Notification of decision  
   11N.    Matters to be specified in a manufacture licence  
   11P.    Period for which a manufacture licence is in force  
   12.     Holder of a manufacture licence may apply for a manufacture permit  
   12A.    Secretary must make a decision on an application for a manufacture permit  
   12B.    Notification of decision  
   12C.    Matters to be specified in a manufacture permit  
   12D.    Period for which a manufacture permit is in force  

           Division 2--Conditions of manufacture licences

   12E.    Manufacture licence is subject to conditions  
   12F.    Conditions that may be prescribed or imposed  
   12G.    Condition that manufacture licence holder inform people of obligations  
   12H.    Condition that manufacture licence holder employ or engage suitable staff  
   12J.    Condition that manufacture of narcotic drugs is in accordance with a manufacture permit  
   12K.    Condition about monitoring and inspection  
   12N.    Condition that licence holder notify the Secretary of certain matters  
   12P.    Sections 12G to 12N do not limit conditions that may be imposed or prescribed  

           Division 3--Variation and revocation of manufacture licences and manufacture permits

   13.     Variation of manufacture licences and manufacture permits  
   13A.    Applications for variation of manufacture licences and permits  
   13B.    Revocation of manufacture licence and manufacture permit  
   13C.    Secretary to notify of proposed revocation  
   13D.    Suspension or surrender of manufacture licences and manufacture permits  

   PART 3--OFFENCES--AND CIVIL PENALTIES RELATING TO MANUFACTURE OF NARCOTIC DRUGS

   13E.    Unauthorised manufacture of narcotic drugs  
   13F.    Breach of condition of a manufacture licence  
            

CHAPTER 4--Monitoring and enforcement
            

   PART 1--INTRODUCTION

   13G.    Simplified outline of this Chapter  

   PART 2--APPOINTMENT--OF AUTHORISED INSPECTORS

   13H.    Appointment of authorised inspectors  

   PART 3--MONITORING--, INSPECTION, INVESTIGATION ETC. UNDER THE REGULATORY POWERS ACT

   13J.    Powers of issuing officers  
   13K.    Monitoring powers under Part 2 of the Regulatory Powers Act  
   13L.    Modifications of Part 2 of the Regulatory Powers Act  
   13M.    Investigation powers under Part 3 of the Regulatory Powers Act  
   13N.    Civil penalties under Part 4 of the Regulatory Powers Act  
   13P.    Provisions subject to an infringement notice  
   14.     Enforceable undertakings  
   14A.    Injunctions  
   14B.    Extension to external Territories  

   PART 4--MONITORING--AND SEARCHING LICENSED PREMISES

   14C.    Monitoring licensed premises  
   14D.    Announcement before entry  
   14E.    Occupier is entitled to observe exercise of powers  
   14F.    Occupier to provide officers etc. with facilities and assistance  
   14G.    Obstruction or hindrance of authorised inspectors  
            

CHAPTER 5--General
            

   PART 1--INTRODUCTION

   14H.    Simplified outline of this Chapter  

   PART 2--OBTAINING--AND DISCLOSING INFORMATION AND DOCUMENTS

           Division 1--Obtaining information and documents for purposes relating to licences

   14J.    Secretary may require further information or documents  
   14K.    Secretary may request information or documents from any source  
   14L.    Secretary may require information or documents from other sources  
   14LA.   Identification of sensitive law enforcement information  
   14M.    Failure to give information or documents within specified period  

           Division 2--Disclosure of certain information

   14MA.   Secrecy--unauthorised disclosures of sensitive law enforcement information  
   14N.    Authorised disclosures of information  

   PART 3--DIRECTIONS--POWERS

   14P.    Directions with respect to security of premises and handling of things  
   15.     Directions with respect to destruction, etc.  
   15A.    Directions with respect to manufacturing and labelling of drugs  
   15B.    General matters about directions  
   15C.    Failure to comply with a direction  
   15D.    Supply of a drug or narcotic preparation not labelled in accordance with a direction  

   PART 4--REVIEW--OF DECISIONS

   15E.    Reviewable decisions  
   15F.    Notice of reviewable decisions  
   15G.    Internal review of reviewable decisions--application for review  
   15H.    Internal review of reviewable decisions--review of decision  
   15J.    Internal review of reviewable decisions--notice of decision  
   15K.    Minister or internal reviewer may require further information  
   15L.    Review of decisions under this Division by Administrative Review Tribunal  
   15M.    Application by Secretary to Administrative Review Tribunal  
   15N.    Failure to include information identified as sensitive law enforcement information in certain statements  

   PART 5--OTHER--MATTERS

   21.     Forfeiture  
   21A.    Operation of natural justice hearing rule  
   22.      Drugs passing through Australia  
   23.     Requirement to keep records and furnish reports  
   24.     Inspection of certain premises  
   24A.    Physical elements of offences  
   24B.    Privilege against self - incrimination  
   24C.    Licences not transferable  
   25.     Delegation  
   25B.    Secretary to notify States and Territories of certain matters  
   26.     Service of notices  
   26B.    Minister may issue standards  
   26C.    Minister may issue guidelines  
   27.     Regulations  
   28.      General provisions relating to regulations  
           SCHEDULE 1 Single Convention on Narcotic Drugs, 1961, as amended by the 1972 Protocol