New South Wales Consolidated Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Previous]
[Next]
[Download]
[History]
[Help]
DRUG MISUSE AND TRAFFICKING ACT 1985 - SECT 45
Regulations
(1) The Governor may make regulations, not inconsistent with this Act, for or
with respect to any matter that by this Act is required or permitted to be
prescribed or that is necessary or convenient to be prescribed for carrying
out or giving effect to this Act.
(1A) The regulations may exempt a person or
class of persons from a provision of this Act or the regulations.
(2) A
regulation made under subsection (1A) may apply as follows-- (a) to specified
prohibited plants, prohibited drugs or psychoactive substances,
(b) in
relation to a needle exchange program approved from time to time by the
Secretary of the Ministry of Health for the regulation (an
"approved needle exchange program" ),
(c) to a person or class of persons
involved in an approved needle exchange program who are approved from time to
time by the Secretary of the Ministry of Health for the regulation.
(2A) The
regulations may make provision for or with respect to prohibiting or
regulating the sale and storage of-- (a) precursors, and
(b) any apparatus
that is capable of being used in the manufacture or production of a
prohibited drug,
being such precursors and apparatus as are prescribed by the
regulations for the purposes of this section.
(3) A regulation may create an
offence punishable by a penalty, including a distinct penalty in the case of a
second or subsequent offence, not exceeding-- (a) 150 penalty units in the
case of a corporation, or
(b) 50 penalty units in the case of an individual.
(4) An offence under the regulations may be prosecuted summarily before the
Local Court.
(5) A provision of a regulation may-- (a) apply generally or be
limited in its application by reference to specified exceptions or factors,
(b) apply differently according to different factors of a specified kind, or
(c) authorise any matter or thing to be from time to time determined, applied
or regulated by any specified person or body,
or may do any combination of
those things.
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback