Victorian Numbered Acts

ACCESS TO MEDICINAL CANNABIS ACT 2016 (NO. 20 OF 2016)

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purposes  
   2.      Commencement  
   3.      Definitions  
   4.      Meaning of associate  
   5.      Suitability matters  
   6.      References to employment by licensed manufacturer  
   7.      Health Secretary may declare registered medical practitioner or class of practitioner  
   8.      Activities authorised by cultivation licence  
   9.      Act binds the Crown  

   PART 2--FUNCTIONS OF HEALTH SECRETARY

   10.     Functions of Health Secretary  
   11.     Health Secretary may approve forms for authorisations  
   12.     Health Secretary may declare medicinal cannabis testing facility  

   PART 3--INDEPENDENT MEDICAL ADVISORY COMMITTEE

   13.     Minister may establish Committee  

   PART 4--MANUFACTURE OF MEDICINAL CANNABIS--HEALTH SECRETARY AND RESOURCES SECRETARY

           Division 1--Manufacturing authorisation--Resources Secretary

   14.     Resources Secretary authorised to manufacture intermediate cannabis product  
   15.     Resources Secretary may enter into contract for performance of prescribed activity under manufacturing authorisation  
   16.     Authorisation of party to section 15 contract  

           Division 2--Manufacturing authorisation--Health Secretary

   17.     Health Secretary authorised to manufacture medicinal cannabis products  
   18.     Health Secretary may enter into contract for performance of prescribed activity under manufacturing authorisation  
   19.     Authorisation of party to section 18 contract  

   PART 5--MANUFACTURING LICENCES

   20.     What a licensed manufacturer is authorised to do by a manufacturing research licence  
   21.     What a licensed manufacturer is authorised to do by a general manufacturing licence  
   22.     Manufacturing licence authorises activities only at licensed premises  
   23.     What a licensed manufacturer's employees are authorised to do  
   24.     Application for manufacturing licence  
   25.     Health Secretary may require applicant to take further steps  
   26.     Health Secretary must give application to Chief Commissioner of Police  
   27.     Health Secretary to determine application for manufacturing licence  
   28.     Circumstances in which Health Secretary may issue manufacturing licence  
   29.     Form and duration of manufacturing licence  
   30.     Conditions of manufacturing licence  
   31.     Licensed manufacturer must issue employee identification certificates  
   32.     Application for renewal of manufacturing licence  
   33.     Health Secretary may require applicant for renewal to take further steps  
   34.     Health Secretary must give application for renewal to Chief Commissioner of Police  
   35.     Health Secretary to determine application for renewal of manufacturing licence  
   36.     Circumstances in which Health Secretary may renew manufacturing licence  
   37.     Amendment of manufacturing licence  
   38.     Suspension and cancellation of manufacturing licence  

   PART 6--HEALTH SECRETARY'S FUNCTIONS REGARDING OBTAINING, PURCHASING, REGISTERING, SELLING AND SUPPLYING MEDICINAL CANNABIS PRODUCTS

   39.     Health Secretary may obtain or purchase medicinal cannabis product from licensed manufacturer  
   40.     Health Secretary may approve medicinal cannabis products for sale to and by pharmacists  
   41.     Approved medicinal cannabis product register  
   42.     Health Secretary may sell or supply approved medicinal cannabis product to pharmacist  
   43.     Health Secretary may set maximum price at which pharmacist may sell approved medicinal cannabis product  
   44.     Health Secretary may give directions to pharmacist  
   45.     Health Secretary may sell or supply medicinal cannabis product to authorised research practitioner  

   PART 7--PRACTITIONER MEDICINAL CANNABIS AUTHORISATIONS

   46.     What is authorised by practitioner medicinal cannabis authorisation—eligible patient or exceptional circumstances  
   47.     What is authorised by practitioner medicinal cannabis authorisation—research purposes  
   48.     Specialist medical practitioner may apply for practitioner medicinal cannabis authorisation—eligible patient  
   49.     Specialist medical practitioner may apply for practitioner medicinal cannabis authorisation—research purposes  
   50.     Registered medical practitioner may apply for practitioner medicinal cannabis authorisation—exceptional circumstances  
   51.     Health Secretary to determine application for practitioner medicinal cannabis authorisation  
   52.     Form of practitioner medicinal cannabis authorisation  
   53.     Health Secretary must keep practitioner medicinal cannabis authorisations register  
   54.     Health Secretary may amend practitioner medicinal cannabis authorisation  
   55.     Health Secretary may suspend or cancel practitioner medicinal cannabis authorisation  

   PART 8--PATIENT MEDICINAL CANNABIS ACCESS AUTHORISATIONS

   56.     What a patient medicinal cannabis access authorisation authorises  
   57.     Registered medical practitioner may issue patient medicinal cannabis access authorisation  
   58.     Pharmacist may sell or supply on patient medicinal cannabis access authorisation  
   59.     Registered medical practitioner may supply for research purposes on patient medicinal cannabis access authorisation  
   60.     Other authority to possess, use and administer  

   PART 9--REVIEW OF DECISIONS RELATING TO LICENCES

           Division 1--Decisions that may be reviewed

   61.     Review by VCAT  

           Division 2--Protected information

   62.     VCAT to inquire on grounds for refusal  
   63.     Appointment of special counsel  
   64.     Procedure for hearing—protected information  
   65.     Decision of VCAT where protected information exists  
   66.     General provisions for hearing matters involving protected information  

   PART 10--OFFENCES

   67.     Licensed manufacturer must report amendment or cancellation of Commonwealth licence  
   68.     Licensed manufacturer must report certain events  
   69.     Licensed manufacturer must report prescribed events  
   70.     Licensed manufacturer must surrender suspended or cancelled licence  
   71.     Licensed manufacturer must not contravene licence  
   72.     Licensed manufacturer must prohibit access to licensed premises  
   73.     Employee must carry employee identification certificate  
   74.     Licensed manufacturer must not employ disqualified person  
   75.     Disqualified person must not accept employment by licensed manufacturer  
   76.     Licensed manufacturer must ensure employees do not contravene licence or provisions of this Act  
   77.     Criminal liability of licensed manufacturer for a failure to exercise due diligence  
   78.     Manufacturing inspector not to be hindered or obstructed  
   79.     Offences concerning labelling, packaging, containers and advertising  

   PART 11--MANUFACTURING INSPECTORS AND ENFORCEMENT POWERS

           Division 1--Authorisation and general powers of manufacturing inspectors

   80.     Manufacturing inspectors  
   81.     Manufacturing inspector's identification certificate  
   82.     Function and general powers of manufacturing inspector  

           Division 2--Further powers and procedures for manufacturing inspectors

   83.     Manufacturing inspector must give receipt if thing taken or seized  
   84.     Manufacturing inspector's powers in relation to storage devices  
   85.     Manufacturing inspector may seize or secure cannabis on belief of contravention  
   86.     Manufacturing inspector may access ratepayer information  
   87.     Manufacturing inspector may issue infringement notice  
   88.     Manufacturing inspector's authorisations regarding cannabis  

           Division 3--Powers of Health Secretary regarding seized cannabis

   89.     How Health Secretary must deal with seized cannabis  
   90.     Retention of seized cannabis for proceeding  
   91.     Magistrates' Court may extend 3 month period  
   92.     Forfeiture and destruction of seized cannabis  
   93.     Recovery of costs of forfeiture and destruction order  

   PART 12--GENERAL

   94.     Provision of cannabis to medicinal cannabis testing facility  
   95.     Authorisation of couriers  
   96.     Delegation by Health Secretary  
   97.     Immunity of officials  
   98.     Competition and Consumer Act and Competition Code  
   99.     Review of operation of Act  
   100.    Regulations  

   PART 13--AMENDMENT OF THE DRUGS, POISONS AND CONTROLLED SUBSTANCES ACT 1981

   101.    Definitions  
   102.    Act not to derogate from provisions of certain other Acts  
   103.    Persons authorized to have possession etc. of poisons or controlled substances  
   104.    What a licence, permit or warrant can authorise  
   105.    Manufacture, sale or supply of poisons or controlled substances by wholesale  
   106.    Wholesaling of certain poisons  
   107.    Retailing of poisons or controlled substances  
   108.    Sale of poisons or controlled substances by persons other than manufacturers etc.  
   109.    Offences concerning labelling and other matters  
   110.    Sale of substances in unauthorised containers  
   111.    Vending machines for poisons or controlled substances  
   112.    New section 31A inserted  
   113.    Effect of this Division  
   114.    Administration of drugs of dependence, Schedule 9 poisons, Schedule 8 poisons and Schedule 4 poisons in aged care services  
   115.    Inspections  
   116.    Duties of officers in relation to seized substances  
   117.    Persons who are liable for contravention of Act  
   118.    New section 61A inserted  
   119.    Trafficking in a drug or drugs of dependence—large commercial quantity  
   120.    Trafficking in a drug or drugs of dependence—commercial quantity  
   121.    Trafficking in a drug of dependence to a child  
   122.    Trafficking in a drug of dependence  
   123.    Possession of substance, material, documents or equipment for trafficking in a drug of dependence  
   124.    Supply of drug of dependence to a child  
   125.    Possession of tablet press  
   126.    Possession of precursor chemicals  
   127.    Possession of document containing information about trafficking or cultivating a drug of dependence  
   128.    Publication of document containing instructions  
   129.    Cultivation of narcotic plants—large commercial quantity  
   130.    Cultivation of narcotic plants—commercial quantity  
   131.    Cultivation of narcotic plants  
   132.    Permitting use of premises for trafficking or cultivation of drug of dependence  
   133.    Possession of drug of dependence  
   134.    Introduction of drug of dependence into the body of another person  
   135.    Use of drug of dependence  
   136.    Forging prescriptions and orders for drugs of dependence  
   137.    Obtaining drugs of dependence etc. by false representation  
   138.    Definitions—Part VC  
   139.    New section 80TA inserted  
   140.    List of licences and permits  
   141.    Proof that a substance is poison etc.  
   142.    New section 129A inserted  

   PART 14--CONSEQUENTIAL AMENDMENTS TO OTHER ACTS AND REPEAL OF AMENDING PARTS

           Division 1--Amendment of other Acts

   143.    Crimes Act 1958—Definitions  
   144.    Crimes Act 1958—Effect of intoxication on reasonable belief  
   145.    Crimes Act 1958—Intoxication  
   146.    Guardianship and Administration Act 1986—Definitions  
   147.    Health Records Act 2001—Definitions  
   148.    Mental Health Act 2014—What is medical treatment?  
   149.    Pharmacy Regulation Act 2010—Definitions  
   150.    Pharmacy Regulation Act 2010—Disclosure of information to other agencies  
   151.    Prevention of Cruelty to Animals Act 1986—Cruelty  

           Division 2--Repeal of amending Parts

   152.    Repeal of amending Parts  
           ENDNOTES