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This is a Bill, not an Act. For current law, see the Acts databases.
DRUGS OF DEPENDENCE AMENDMENT BILL 2004
2004
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Health)
Drugs of
Dependence (Syringe Vending Machines) Amendment Bill
2004
Contents
Page
2004
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Health)
Drugs of Dependence
(Syringe Vending Machines) Amendment Bill 2004
A Bill for
An Act to amend the
Drugs of Dependence Act
1989 in relation to syringe vending machines, and for other
purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Drugs of Dependence (Syringe Vending Machines) Amendment
Bill 2004.
This Act commences on the day after its notification day.
Note The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
This Act amends the Drugs of Dependence Act 1989.
4 New
division 7.1 heading
insert
Division 7.1 Supply of syringes by approved
people
omit everything before
approval
substitute
85 Definitions for div 7.1
In this division:
substitute
93 Approval—no liability for ancillary
offences
omit
a provision in the Crimes Act 1900, part 9
substitute
the Criminal Code, part 2.4 (Extensions of criminal responsibility)
after section 94, insert
Division 7.2 Supply of syringes by vending
machine
94A Definitions for div 7.2
In this division:
vending machine means any machine or mechanical device used
or able to be used for selling or supplying syringes without the personal
manipulation or attention of the seller or supplier, or the seller’s or
supplier’s employee or agent, at the time of the sale or supply.
vending machine approval means an approval under section
94D.
approved person means a person who holds a current vending
machine approval.
94B Application for vending machine
approval
A person may apply in writing to the
chief health officer for approval to supply syringes by way of vending
machine.
Note If a form is approved under s 205 for
this provision, the form must be used.
94C Further information for vending machine approval
application
(1) The chief health officer may, by written notice given to the
applicant, require the applicant to give the chief health officer further stated
information or a document that the chief health officer reasonably needs to
decide the application.
(2) If the applicant fails to comply with a requirement under
subsection (1), the chief health officer may refuse to consider the
application further.
94D Decision about vending machine approval
application
(1) The chief health officer must—
(a) give the applicant approval to supply syringes by way of vending
machine; or
(b) refuse to give the approval.
(2) In deciding the application, the chief health officer must
consider—
(a) the public interest, including the desirability of preventing the
spread of disease; and
(b) the existing availability of syringes.
(3) Subsection (2) does not limit the matters that the chief health
officer may consider.
(4) A vending machine approval must be given in writing and must
state—
(a) the full name and address of the person to whom the approval is given;
and
(b) the period for which the approval is given.
94E Vending machine
approval—conditions
(1) A vending machine approval is subject to the conditions stated in the
approval.
(2) The conditions must include requirements relating to—
(a) the number of vending machines that may be installed under the
approval; and
(b) where each machine is to be located; and
(c) the syringes that may be supplied from the machines; and
(d) maintenance of the machines.
(3) The conditions may include any other requirements the chief health
officer considers appropriate.
Examples of other
requirements
1 information to be displayed or available at the machine
2 frequency of inspection
3 keeping of records
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
94F Vending machine
approval—surrender
(1) An approved person may surrender his or her vending machine approval
by giving written notice of surrender to the chief health officer.
(2) The surrender of an approval takes effect on—
(a) the day, and, the time on that day, the notice of surrender is given
to the chief health officer; or
(b) if a later date of effect is stated in the notice—that
date.
94G Vending machine
approval—cancellation
(1) The chief health officer may cancel a person’s vending machine
approval if the chief health officer believes, on reasonable grounds, that the
person has contravened a condition of the approval.
(2) The cancellation of a vending machine approval takes effect on the day
the notice of the cancellation is given under section 198A.
94H Vending machine approval—return on
surrender or cancellation
(1) A person commits an offence if—
(a) the person’s vending machine approval is surrendered or
cancelled; and
(b) the person fails to take all reasonable steps to return the approval
to the chief health officer as soon as practicable (but within 7 days) after the
day the surrender or cancellation takes effect.
Maximum penalty: 20 penalty units.
(2) An offence against this section is a strict liability
offence.
94I Vending machine approval—no liability for
ancillary offences
(1) An approved person, or someone acting for an approved person, does not
commit an offence under or because of the Criminal Code, part 2.4 (Extensions of
criminal responsibility) only because of something done by the person for the
purpose of supplying syringes under a vending machine approval and in accordance
with the conditions of the approval.
(2) A person who prints or publishes a notice, announcement or
advertisement in any form about the supply by people of syringes in the
circumstances mentioned in subsection (1) does not, only because of that
printing or publishing, commit an offence under or because of the Criminal Code,
part 2.4 (Extensions of criminal responsibility).
substitute
Part 12 Administrative review of
decisions
198 Reviewable decisions and eligible
people
For this part—
(a) a decision mentioned in schedule 6 is a reviewable
decision; and
(b) a person mentioned in schedule 6 in relation to a reviewable decision
is an eligible person for the decision.
198A Notice of reviewable
decisions
(1) If a person (the decision-maker) makes a reviewable
decision, the decision-maker must give written notice of the decision to each
eligible person for the decision.
(2) The notice must comply with the requirements of the code of practice
in force under the Administrative Appeals Tribunal Act 1989,
section 25B (1).
(3) In particular, the notice must tell the person—
(a) that the person has the right to apply to the administrative appeals
tribunal for review of the decision, and how the application must be made;
and
(b) about the options available under other Territory laws to have the
decision reviewed by a court or the ombudsman.
199 Review of decisions by AAT
An eligible person may apply to the administrative appeals tribunal for
review of a reviewable decision.
insert
Schedule 6 Reviewable
decisions
(see s 198)
column 1
item
|
column 2
decision
|
column 3
eligible person
|
1
|
refusing under section 6 to grant a manufacturer’s
licence
|
the applicant for the licence
|
2
|
granting under section 6 a manufacturer’s licence subject to
conditions, or varying under section 8 a condition specified in a
manufacturer’s licence
|
the applicant for the licence or any other person whose interests are
affected by the decision
|
3
|
under section 9 (5) refusing to amend a
manufacturer’s licence
|
the applicant for the licence
|
4
|
cancelling under section 11 a
manufacturer’s licence
|
the applicant for the licence
|
5
|
refusing under section 20 to grant a
wholesaler’s licence
|
the applicant for the licence
|
6
|
granting under section 20 a
wholesaler’s licence subject to a condition specified in a
wholesaler’s licence
|
the applicant for the licence or any other person whose interests are
affected by the decision
|
7
|
under section 23 (4) refusing to amend a
wholesaler’s licence
|
the applicant for the licence
|
8
|
cancelling under section 25 a
wholesaler’s licence
|
the applicant for the licence
|
9
|
refusing to grant an authorisation under
division 4.1 or 4.2
|
a person to whom the authorisation
relates
|
10
|
granting an authorisation under division 4.1 or
4.2 subject to conditions
|
a person to whom the authorisation relates
or any other person whose interests affected by the decision
|
11
|
varying a term or a condition specified in an
authorisation under division 4.1 or 4.2
|
a person to whom the authorisation
relates
|
12
|
cancelling an authorisation under division 4.1
or 4.2
|
a person to whom the authorisation
relates
|
13
|
renewing an authorisation under division 4.1 or
4.2 for a shorter period than that specified in the application for
renewal
|
a person to whom the authorisation relates
or any other person whose interests affected by the decision
|
14
|
refusing to authorise the sale of a drug of
dependence to the owner, or the agent of the owner, of a ship, or the delivery
of the drug of dependence to the master of a ship
|
a person to whom the authorisation
relates
|
15
|
refusing under section 86 to grant an approval to supply
syringes
|
the applicant for approval or any other
person whose interests affected by the decision
|
16
|
granting under section 86 an approval to
supply syringes subject to a condition
|
the applicant for approval
|
17
|
cancelling under section 88 an approval to
supply syringes
|
the person who holds the
approval
|
18
|
granting under section 94D a vending
machine approval
|
the applicant for vending machine
approval
|
19
|
cancelling under section 94G a vending machine approval
|
the applicant for vending machine
approval
|
20
|
refusing under section 150 to grant an
approval to conduct a treatment centre
|
the applicant for approval
|
21
|
granting under section 150 an approval to
conduct a treatment centre subject to conditions
|
the applicant for approval or any other
person whose interests affected by the decision
|
22
|
varying under section 152 or revoking, or
refusing to vary or revoke, a condition to which an approval to conduct a
treatment centre is subject
|
the person who holds the
approval
|
23
|
cancelling under section 154 an approval to
conduct a treatment centre
|
the person who holds the
approval
|
24
|
refusing under section 155 to restore an
approval to conduct a treatment centre
|
the person who held the
approval
|
renumber schedules when Act next republished under Legislation
Act
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2004.
2 Notification
Notified under the Legislation Act on 2004.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian
Capital Territory 2004
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