(1) The Governor may
from time to time by Order in Council published in the Gazette amend Schedule
III, IV, V, VI, VII or VIII by —
(a)
adding thereto or deleting therefrom —
(i)
any prohibited drug or any quantity specified in relation
thereto; or
(ii)
any prohibited plant of a particular species or genus or
any number specified in relation thereto,
as the case requires;
or
(b)
deleting and substituting all or any of the items therein; or
(c)
altering any item therein.
(1A) The Governor may
from time to time by Order in Council published in the Gazette amend Schedule
6A —
(a)
subject to section 20N(2) and (3), to modify a BSA; or
(b)
subject to section 20N(6) and (7), to establish a new BSA.
(2) Subject to this
section, on the publication in the Gazette of an Order in Council made under
subsection (1) or (1A), the Schedule to which that Order in Council relates is
amended accordingly and, as so amended, has the same force and effect as if
the amendment effected by that Order in Council had been effected by an Act
amending this Act.
(3) The Minister shall
cause a copy of every Order in Council made under subsection (1) or (1A) to be
laid on the Table of each House of Parliament within the first 14 sitting days
of that House after the publication of that Order in Council in the Gazette .
(4) If a copy of an
Order in Council made under subsection (1) or (1A) is not laid on the Table of
a House of Parliament in accordance with subsection (3), that Order in Council
ceases to have effect when that copy is not so laid but without affecting the
validity or curing the invalidity of anything done or omitted to be done in
good faith before that Order in Council so ceases to have effect.
(5) If either House of
Parliament passes a resolution, of which notice has been given within the
first 14 sitting days of that House after a copy of the relevant Order in
Council made under subsection (1) or (1A) has been laid on the Table of that
House under subsection (3), that that Order in Council be disallowed, that
Order in Council thereupon ceases to have effect, but the disallowance of that
Order in Council does not affect the validity or cure the invalidity of
anything done or omitted to be done in good faith before the passing of that
resolution.
[Section 42 amended: No. 50 of 1990 s. 5; No. 16
of 2023 s. 9.]