Queensland Numbered Acts

PUBLIC HEALTH (MEDICINAL CANNABIS) ACT 2016 - SECT 218

218 Existing approval for medicinal cannabis

(1) This section applies to an approval (the
"transitioned approval" )—

(a) granted under repealed section 270B; and

(b) in force immediately before the commencement.

(2) The transitioned approval is taken to be an equivalent approval granted to the holder of the transitioned approval until the earliest of the following—

(a) if repealed section 270B(b)(i) applied to the transitioned approval—an equivalent approval is granted to the holder of the transitioned approval;

(b) if repealed section 270B(b)(ii) applied to the transitioned approval—an equivalent approval is granted to the holder of the transitioned approval or another person;

(c) the term of the transitioned approval ends;

(d) the transitioned approval is cancelled;

(e) the transitioned approval is surrendered by the holder of the transitioned approval.

(3) However, subsection (4) applies if—

(a) before the term of the transitioned approval ends, a person applies for an equivalent approval; and

(b) the chief executive has not decided whether to grant the equivalent approval on the day the term of the transitioned approval ends.

(4) The transitioned approval is taken to be an equivalent approval, granted to the holder of the transitioned approval, until the chief executive makes a decision about the grant of the equivalent approval.

(5) In this section—

"equivalent approval" , in relation to a transitional approval, means—

(a) if repealed section 270B(b)(i) applied to the transitioned approval—a clinical trial approval applying to the clinical trial for the transitioned approval; and

(b) if repealed section 270B(b)(ii) applied to the transitioned approval—a medicinal cannabis approval applying to the person who was being treated under the transitioned approval.

"repealed section 270B" means repealed section 270B of the Health (Drugs and Poisons) Regulation 1996 .