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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Controlled Substances (Confidentiality and Other Matters)
Amendment Bill 2020
A BILL FOR
An Act to amend the
Controlled
Substances Act 1984
.
Contents
Part 2—Amendment of Controlled
Substances Act 1984
5Amendment of section 63—Regulations and
fee notices
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Controlled Substances (Confidentiality and
Other Matters) Amendment Act 2020.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Controlled Substances
Act 1984
3—Amendment
of section 18A—Restriction of prescription or supply of drug of dependence
in certain circumstances
(1) Section 18A(3)—delete subsection (3) and substitute:
(3) An application for the authority of the Minister to prescribe or
supply a drug of dependence under this section must—
(a) be made in a manner and form approved by the Minister by the
registered health practitioner who proposes to prescribe or supply the drug;
and
(b) include such information as the Minister may require.
(2) Section 18A(5)—delete subsection (5) and substitute:
(5) An authority to prescribe or supply a drug of
dependence—
(a) will be given in a manner and form determined by the Minister;
and
(b) will specify—
(i) the quantity of the drug of dependence that may be so prescribed or
supplied by the registered health practitioner to whom the authority is given;
and
(ii) the period for which any such drug may be so prescribed or
supplied.
(3) Section 18A(8)(b)—delete paragraph (b) and substitute:
(b) may be varied or revoked by the Minister at any time by notice given
to the holder of the authority or temporary authority in a manner and form
determined by the Minister.
Section 60A—delete the section and substitute:
60A—Confidentiality
(1) Subject to this section, a person must not disclose confidential
information obtained (whether by that person or any other person) in the
administration or enforcement of this Act except—
(a) as required or authorised by or under this Act or any other Act or
law; or
(b) with the consent of the person from whom the information was obtained
or to whom the information relates; or
(c) in connection with the administration or enforcement of this Act;
or
(d) for the purposes of any legal proceedings arising out of the
administration or enforcement of this Act; or
(e) in accordance with the regulations.
Maximum penalty: $10 000.
(2) Information that is disclosed under this section for a particular
purpose must not be used for any other purpose by—
(a) the person to whom the information was disclosed; or
(b) any other person who gains access to the information (whether properly
or improperly and whether directly or indirectly) as a result of that
disclosure.
Maximum penalty: $10 000.
(3) Nothing in this section prevents the disclosure of statistical or
other information that could not be reasonably expected to lead to the
identification of any person to whom it relates.
(4) In this section—
confidential information means—
(a) information relating to trade processes;
(b) medical information relating to any person;
(c) any other information that—
(i) is of a personal nature; or
(ii) is by its nature confidential; or
(iii) was specified as confidential by the person from whom the
information was obtained;
(d) information of a prescribed class.
5—Amendment
of section 63—Regulations and fee notices
(1) Section 63(4)(d)—delete paragraph (d) and substitute:
(d) regulate the payment, refund, waiver or reduction of fees prescribed
by the Minister under subsection (4a);
(2) Section 63(4)(i)—delete paragraph (i) and substitute:
(i) prescribes fines, not exceeding $10 000, for offences against the
regulations;
(j) fix expiation fees, not exceeding $2 000, for alleged offences
against the regulations.
(3) Section 63—after subsection (4) insert:
(4a) The Minister may prescribe fees for the purposes of this Act by fee
notice under the
Legislation
(Fees) Act 2019
.