Commonwealth Numbered Regulations

NARCOTIC DRUGS AMENDMENT (LICENCE CHARGES) REGULATION 2016 (F2016L01894) - SCHEDULE 1

Narcotic Drugs Regulation 2016

1  After paragraph 11(2)(f)

Insert:

                    (fa)  if the applicant seeks a decision of the Secretary under subsection 54A(2) in relation to the research that the applicant proposes to undertake under the licence--the following details about the research:

                              (i)  the primary purpose of the research;

                             (ii)  who will benefit from the research;

                            (iii)  how any products that may be developed as a result of the research will be used;

                            (iv)  the source of the funds for the research;

                             (v)  who owns or operates the research facilities in which the research will be undertaken;

2  At the end of section 52

Add:

                   ; (h)  a decision under subsection 54A(2) about whether research that an applicant proposes to undertake will be undertaken for non-commercial purposes, or primarily for non-commercial purposes.

3  After Division 1 of Part 5

Insert:

Division 1A -- Charges

54A   Classes of cannabis research licences for the purposes of charge

Commercial cannabis research licence

             (1)  For the purposes of paragraph 28(1)(e) of the Act , a cannabis research licence is a commercial cannabis research licence if, when granting the licence, the Secretary does not notify the applicant for the licence in accordance with subsection (2).

Non-commercial cannabis research licence

             (2)  For the purposes of paragraph 28(1)(e) of the Act, a cannabis research licence is a non-commercial cannabis research licence if, when granting the licence, the Secretary notifies the applicant for the licence in writing that the Secretary is reasonably satisfied that the research that the applicant proposes to undertake will be undertaken for non-commercial purposes, or primarily for non-commercial purposes.

Matters to which the Secretary must have regard

             (3)  In making a decision under subsection (2) about research that an applicant proposes to undertake, the Secretary must have regard to the following:

                     (a)  the primary purpose of the research;

                     (b)  who will benefit from the research;

                     (c)  how any products that may be developed as a result of the research will be used;

                     (d)  the source of the funds for the research;

                     (e)  who owns or operates the research facilities in which the research will be undertaken.

Other matters

             (4)  Subsection (3) does not limit the matters to which the Secretary may have regard in making a decision under subsection (2).

54B   When charge is payable

                   For the purposes of subparagraph 28(1)(e)(i) of the Act, charge payable in respect of a licence:

                     (a)  is payable to the Secretary on behalf of the Commonwealth; and

                     (b)  is due and payable on the day specified in an invoice given to the holder of the licence by the Secretary.

54C   Recovery of charge

                   For the purposes of paragraph 28(1)(e) of the Act, charge that is due and payable:

                     (a)  is a debt due to the Commonwealth; and

                     (b)  may be recovered by the Secretary on behalf of the Commonwealth by action in a court of competent jurisdiction.