PUBLIC HEALTH (MEDICINAL CANNABIS) ACT 2016 - As at 20 October 2016

Queensland Numbered Acts

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PUBLIC HEALTH (MEDICINAL CANNABIS) ACT 2016 - As at 20 October 2016 - Act 53 of 2016

TABLE OF PROVISIONS

CHAPTER 1 - PRELIMINARY

1. Short title
2. Commencement
3. Act binds all persons
4. Object of Act

CHAPTER 2 - INTERPRETATION

5. Definitions
6. Meaning of medicinal cannabis
7. Meaning of cannabis product
8. References to particular terms relating to medicinal cannabis approvals

CHAPTER 3 - APPROVALS

PART 1 - APPLICATION FOR APPROVALS

Division 1 - Preliminary

9. Definitions for part
10. Suitability of person to hold approval
11. Suitability of patient to undergo treatment with medicinal cannabis
12. Approved form

Division 2 - Particular provisions for application for medicinal cannabis approval

13. Purpose of division
14. Who may apply for medicinal cannabis approval
15. Requirements before making application for medicinal cannabis approval
16. Opinion of specialist medical practitioner to accompany application

Division 3 - Particular provisions for application for dispensing approval

17. Purpose of division
18. Who may apply for dispensing approval

Division 4 - Particular provisions for clinical trial approval

19. Purpose of division
20. Who may apply for clinical trial approval

Division 5 - Process for deciding applications

21. Consideration by the expert advisory panel
22. Requirement to seek opinion of specialist medical practitioner
23. Decision on application for approval
24. Criteria for grant of medicinal cannabis approval
25. Criteria for grant or renewal of dispensing approval
26. Criteria for grant of clinical trial approval
27. Chief executive may require information or documents
32. Chief executive may extend period for decision for complex application
33. Failure to decide application

PART 2 - GRANT OF APPROVALS

Division 1 - Grant of approvals generally

34. Standard conditions for approvals
35. Additional or varied conditions for approvals
36. Term of approvals
37. Transfer of approvals prohibited

Division 2 - Form of medicinal cannabis approval

38. Form of medicinal cannabis approval

Division 3 - Form of dispensing approval

39. Form of dispensing approval

Division 4 - Form of clinical trial approval

40. Form of clinical trial approval
41. Term of clinical trial approval

PART 3 - AMENDMENT, REPLACEMENT AND RENEWAL OF APPROVALS

Division 1 - Preliminary

42. Making applications
43. Process for deciding application

Division 2 - Amendment

44. Application by holder to amend approval
45. Minor amendment of approval by chief executive

Division 3 - Replacement

46. Application for replacement of approval
47. Criteria for deciding replacement application

Division 4 - Renewal

48. Application for renewal of dispensing approval
49. Dispensing approval taken to be in force while renewal application considered

PART 4 - RETURN AND SURRENDER OF APPROVALS

50. Return of instrument of approval

CHAPTER 4 - DEALINGS WITH MEDICINAL CANNABIS

PART 1 - PRELIMINARY

51. Authority subject to Act and approval

PART 2 - MEDICINAL CANNABIS PRESCRIBED BY PATIENT-CLASS PRESCRIBERS

52. Prescription of medicinal cannabis other than under medicinal cannabis approval
53. Patient-class prescribers
54. Eligible patients
55. Carers
56. Approved pharmacists and secondary dispensers

PART 3 - MEDICINAL CANNABIS PRESCRIBED UNDER MEDICINAL CANNABIS APPROVALS

57. Single-patient prescribers
58. Approved pharmacists and secondary dispensers
59. Patients
60. Carers

PART 4 - GENERAL PROVISIONS

61. Restricted access patients
62. Carriers
63. Authorised persons
64. State analysts
65. State forensic and scientific service facilities
66. Approved clinical trials
67. Use of instruments or things to administer medicinal cannabis
68. Regulation may prescribe authority

CHAPTER 5 - MANAGING MEDICINAL CANNABIS

PART 1 - MEDICINAL CANNABIS MANAGEMENT PLANS

69. What is a medicinal cannabis management plan
70. What must be included in plan
71. Who must make plan
72. Making and notifying plan
73. Persons to be informed of plan
74. Review of plan
75. Offence for failure to comply with plan

PART 2 - ADMINISTRATIVE ACTION

76. Definitions for part
77. Grounds for action to be taken
78. Show cause notice
79. Representations about show cause notices
80. Ending show cause process without further action
81. Decision to take administrative action
82. Immediate administrative action
83. Additional power for immediate amendment or cancellation of medicinal cannabis approval
84. Chief executive to give notice of administrative action to boards
85. Chief executive may inform boards about particular matters

PART 3 - COMPLIANCE NOTICES

86. Giving a compliance notice
87. Content of compliance notice

PART 4 - MEDICINAL CANNABIS REGISTER

88. Chief executive to keep register
89. Content of register—approvals
90. Content of register—administrative action
91. Register not to be made public

CHAPTER 6 - OFFENCES

92. Offence to perform regulated activities for medicinal cannabis
93. Misuse of lawful direction for medicinal cannabis
94. Offence for false or misleading statements or documents
95. Offence for failure to comply with approval conditions
96. Offence for failure to comply with compliance notice
97. Offence for failure to comply with recall order
98. State officers not liable for an offence

CHAPTER 7 - MONITORING, INVESTIGATIONS AND ENFORCEMENT

PART 1 - GENERAL PROVISIONS ABOUT AUTHORISED PERSONS

Division 1 - Appointment of authorised persons

99. Authorised persons under chapter
100. Functions of authorised persons
101. Appointment and qualifications
102. Appointment conditions and limit on powers
103. When office ends
104. Resignation

Division 2 - Identity cards

105. Issue of identity card
106. Production or display of identity card
107. Return of identity card

Division 3 - Preliminary

108. References to exercise of powers
109. Reference to document includes reference to reproductions from electronic document

PART 2 - ENTRY OF PLACES BY AUTHORISED PERSONS

Division 1 - Power to enter

110. General power to enter places
111. Power to enter place to check compliance with notice or order

Division 2 - Entry by consent

112. Application of division
113. Incidental entry to ask for access
114. Matters authorised person must tell occupier
115. Consent acknowledgement

Division 3 - Entry for checking compliance

116. Entry of place under s

Division 4 - Entry under warrant

Subdivision 1 - Obtaining warrant

117. Application for warrant
118. Issue of warrant
119. Electronic application
120. Additional procedure if electronic application
121. Defect in relation to a warrant

Subdivision 2 - Entry procedure

122. Entry procedure

PART 3 - OTHER AUTHORISED PERSONS’ POWERS AND RELATED MATTERS

Division 1 - Stopping or moving vehicles

123. Application of division
124. Power to stop or move
125. Identification requirements if vehicle moving
126. Failure to comply with direction

Division 2 - General powers of authorised persons after entering places

127. Application of division
128. General powers
129. Power to require reasonable help
130. Offence to contravene help requirement

Division 3 - Seizure by authorised persons and forfeiture

Subdivision 1 - Power to seize

131. Seizing evidence at a place that may be entered without consent or warrant
132. Seizing evidence at a place that may be entered only with consent or warrant
133. Seizure of property subject to security

Subdivision 2 - Powers to support seizure

134. Power to secure seized thing
135. Offence to contravene other seizure requirement
136. Offence to interfere

Subdivision 3 - Safeguards for seized things

137. Receipt and information notice for seized thing
138. Access to seized thing
139. Return of seized thing

Subdivision 4 - Forfeiture

140. Forfeiture by chief executive decision
141. Information notice about forfeiture decision

Subdivision 5 - Dealing with property forfeited or transferred to State

142. When thing becomes property of the State
143. How property may be dealt with

Division 4 - Disposal orders

144. Disposal order

Division 5 - Other information-obtaining powers of authorised persons

145. Power to require name and address
146. Offence to contravene personal details requirement
147. Power to require production of document
148. Offence to contravene document production requirement
149. Offence to contravene document certification requirement
150. Power to require information
151. Offence to contravene information requirement

Division 6 - Power to remove or reduce diversion risk or substance risk

152. Power to remove or reduce risk stated in warrant

PART 4 - ANALYSIS OF THINGS

153. Chief executive may approve laboratory
154. Analysis
155. Certificate must indicate method used

PART 5 - MISCELLANEOUS PROVISIONS RELATING TO AUTHORISED PERSONS

Division 1 - Damage

156. Duty to avoid inconvenience and minimise damage
157. Notice of damage

Division 2 - Compensation

158. Compensation

Division 3 - Other offences relating to authorised persons

159. Giving authorised person false or misleading information
160. Obstructing authorised person
161. Impersonating authorised person

Division 4 - Other provisions

162. Evidential immunity for individuals complying with particular requirements

PART 6 - RECALL ORDERS AND PUBLIC WARNINGS

Division 1 - Recall orders

163. Chief executive may make recall order
164. Notice required for making recall order
165. Decision about recall order
166. Notifying public about recall order
167. Content of recall order
168. Nature of recall order

Division 2 - Public warnings

169. Statement of warning

CHAPTER 8 - EXPERT ADVISORY PANEL

PART 1 - ESTABLISHMENT

170. Establishment
171. Role
172. Membership
173. Remuneration and appointment conditions of members
174. Resignation and removal of members
175. Chairperson
176. Deputy chairperson

PART 2 - OPERATIONS

177. Conduct of operations and proceedings
178. Working groups

CHAPTER 9 - REVIEW AND APPEALS

PART 1 - INTERPRETATION

179. Definitions for chapter

PART 2 - INTERNAL REVIEWS

180. External review or appeal process starts with internal review
181. Who may apply for internal review
182. Internal review application
183. Stay of operation of original decision
184. Internal review
185. Notice of internal review decision

PART 3 - EXTERNAL REVIEWS BY QCAT

186. Who may apply for external review

PART 4 - APPEALS

187. Who may appeal
188. Procedure for an appeal to court
189. Stay of operation of internal review decision
190. Powers of court on appeal
191. Effect of decision of court on appeal

CHAPTER 10 - PROTECTION FROM LIABILITY

192. Definitions for chapter
193. Protection from liability in relation to monitoring and enforcement
194. Protection from liability in relation to medicinal cannabis
195. Protection from liability in relation to reviews
196. Civil remedies not otherwise affected

CHAPTER 11 - LEGAL PROCEEDINGS

PART 1 - EVIDENCE

197. Application of part
198. Appointments and approvals
199. Signatures
200. Evidentiary aids
201. Evidence of medicinal cannabis

PART 2 - PROCEEDINGS

202. Offences against this Act
203. Proceeding not to commence if compliance notice in effect
204. Allegations of false or misleading information or document
205. Recovery of costs of investigation
206. Responsibility for acts or omissions of representatives
207. Executive officer may be taken to have committed offence

CHAPTER 12 - GENERAL

PART 1 - CONFIDENTIALITY

208. Definitions for part
209. Confidentiality of information
210. Disclosure of information to entities performing relevant functions
211. Disclosure for care or treatment of person
212. Disclosure for medicinal cannabis approval
213. Disclosure to protect public health or safety
214. Requests by chief executive for information

PART 2 - MISCELLANEOUS

215. Delegation by chief executive
216. Approved forms
217. Regulation-making power

CHAPTER 13 - TRANSITIONAL PROVISION

218. Existing approval for medicinal cannabis

CHAPTER 14 - CONSEQUENTIAL AMENDMENTS

PART 1 - AMENDMENT OF THIS ACT

219. Act amended
220. Amendment of long title

PART 2 - AMENDMENT OF HEALTH ACT 1937

221. Act amended
222. Amendment of section 5 (Interpretation)

PART 3 - AMENDMENT OF HEALTH (DRUGS AND POISONS) REGULATION 1996

223. Regulation amended
224. Omission of s 77 (Approved drug—dronabinol (delta-9-tetrahydrocannabinol))
225. Amendment of s 270A (Approval must not be granted for therapeutic use of S9 poisons)
226. Omission of s 270B (Approval for cannabis)
SCHEDULE 1

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