Queensland Numbered Acts

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)
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