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This is a Bill, not an Act. For current law, see the Acts databases.
2019-2020-2021
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Narcotic Drugs Amendment (Medicinal
Cannabis) Bill 2021
No. , 2021
(Health)
A Bill for an Act to amend the
Narcotic Drugs Act
1967
, and for related purposes
No. , 2021
Narcotic Drugs Amendment (Medicinal Cannabis) Bill 2021
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Narcotic Drugs Act 1967
3
Schedule 2--Application, saving and transitional provisions
32
Part 1--Introduction
32
Part 2--Licences and permits in force immediately before
transition time
34
Part 3--Pending applications for new licences etc.
37
Part 4--Other matters
41
Part 5--Transitional rules
43
No. , 2021
Narcotic Drugs Amendment (Medicinal Cannabis) Bill 2021
1
A Bill for an Act to amend the
Narcotic Drugs Act
1
1967
, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the
Narcotic Drugs Amendment (Medicinal Cannabis)
5
Act 2021
.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Narcotic Drugs Amendment (Medicinal Cannabis) Bill 2021
No. , 2021
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedules 1
and 2
A single day to be fixed by Proclamation.
However, if the provisions do not commence
within the period of 6 months beginning on
the day this Act receives the Royal Assent,
they commence on the day after the end of
that period.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendments
Schedule 1
No. , 2021
Narcotic Drugs Amendment (Medicinal Cannabis) Bill 2021
3
Schedule 1--Amendments
1
2
Narcotic Drugs Act 1967
3
1 Section 3
4
Omit:
5
A licensing and permit scheme regulates the cultivation of
6
cannabis plants and the production of cannabis and cannabis resin.
7
Cultivation and production, and related activities, under the scheme
8
are for medicinal purposes or for research relating to medicinal
9
cannabis.
10
substitute:
11
A licensing and permit scheme regulates the cultivation of
12
cannabis plants, the production of cannabis and cannabis resin, the
13
manufacture of cannabis drugs, and activities relating to such
14
cultivation, production and manufacture. Cultivation and
15
production under the scheme may be undertaken for medicinal or
16
scientific purposes whereas the manufacture of cannabis drugs may
17
be undertaken for a permitted supply.
18
2 Section
3 (paragraph beginning "A separate")
19
Before "drugs covered", insert "narcotic".
20
3 Subsection 4(1)
21
Insert:
22
cannabis drug
means:
23
(a) cannabis; or
24
(b) cannabis resin; or
25
(c) extracts of cannabis; or
26
(d) tinctures of cannabis; or
27
(e) another drug that includes, or is from, any part of the
28
cannabis plant.
29
Schedule 1
Amendments
4
Narcotic Drugs Amendment (Medicinal Cannabis) Bill 2021
No. , 2021
4 Subsection 4(1) (definitions of
cannabis licence
and
1
cannabis permit
)
2
Repeal the definitions.
3
5 Subsection 4(1) (definition of
cannabis plant
)
4
Repeal the definition, substitute:
5
cannabis plant
has the same meaning as in the Convention.
6
6 Subsection 4(1) (definitions of
cannabis research licence
7
and
cannabis research permit
)
8
Repeal the definitions.
9
7 Subsection 4(1) (definition of
licence
)
10
Repeal the definition, substitute:
11
licence
means:
12
(a) a manufacture licence; or
13
(b) a medicinal cannabis licence.
14
8 Subsection 4(1) (definition of
medicinal cannabis product
)
15
Repeal the definition.
16
9 Subsection 4(1)
17
Insert:
18
narcotic drug
means a drug other than a cannabis drug.
19
10 Subsection 4(1) (definition of
permit
)
20
Repeal the definition, substitute:
21
permit
means:
22
(a) a manufacture permit; or
23
(b) a medicinal cannabis permit.
24
11 Subsection 4(1)
25
Insert:
26
permitted supply
means:
27
Amendments
Schedule 1
No. , 2021
Narcotic Drugs Amendment (Medicinal Cannabis) Bill 2021
5
(a) the supply of a cannabis drug for use in a clinical trial that is,
1
or is likely to be, approved under the
Therapeutic Goods Act
2
1989
or notified to the Secretary under that Act; or
3
(b) the supply of a cannabis drug in accordance with an approval
4
or authority under that Act; or
5
(c) the supply of a cannabis drug for use in medical or scientific
6
research where that research:
7
(i) is not a clinical trial of a kind referred to in
8
paragraph (a); and
9
(ii) does not involve the drug being administered to
10
humans; or
11
(d) the supply of a cannabis drug for use as a reference standard
12
for medical or scientific testing purposes; or
13
(e) the supply of a cannabis drug in circumstances prescribed by
14
the regulations.
15
12 Subsection 4(1) (paragraph (c) of the definition of
16
premises
)
17
Omit "a place" (first occurring), substitute "an area of land or any other
18
place".
19
13 Subsection 4(1A)
20
Repeal the subsection.
21
14 Subsection 7A(1)
22
Omit "and section 25A of this Act, and other provisions of this Act so
23
far as they relate to those provisions", substitute "of this Act, and other
24
provisions of this Act so far as they relate to that Chapter".
25
15 Paragraphs 7A(1)(a) and (b)
26
Omit "related".
27
16 Paragraph 7A(1)(c)
28
Repeal the paragraph, substitute:
29
(c) prohibit an activity, or prevent a person from engaging in an
30
activity, that:
31
(i) is authorised under that Chapter or another provision of
32
this Act so far as it relates to that Chapter; and
33
Schedule 1
Amendments
6
Narcotic Drugs Amendment (Medicinal Cannabis) Bill 2021
No. , 2021
(ii) is, or is related to, the cultivation of cannabis plants or
1
the production of cannabis or cannabis resin.
2
17 Section 8B
3
Omit "the Secretary must", substitute "the Secretary may".
4
18 Chapter 2 (heading)
5
Repeal the heading, substitute:
6
Chapter 2--Medicinal cannabis licences and
7
permits
8
19 Section 8D
9
Repeal the section, substitute:
10
8D Simplified outline of this Chapter
11
This Chapter deals with medicinal cannabis licences and medicinal
12
cannabis permits.
13
A medicinal cannabis licence may authorise one or more of the
14
following activities:
15
(a)
the cultivation of cannabis plants for the purpose of
16
producing cannabis or cannabis resin for medicinal or
17
scientific purposes and, if appropriate, the obtaining of
18
cannabis plants for the purpose of such cultivation;
19
(b)
the production of cannabis or cannabis resin for
20
medicinal or scientific purposes;
21
(c)
the manufacture of a cannabis drug for one or more
22
permitted supplies;
23
(d)
activities relating to such obtaining, cultivation,
24
production or manufacture.
25
Before a licence holder can engage in any such activities, the
26
licence holder must obtain a medicinal cannabis permit. Medicinal
27
cannabis permits specify matters relating to the activities that are
28
authorised by the licence.
29
Amendments
Schedule 1
No. , 2021
Narcotic Drugs Amendment (Medicinal Cannabis) Bill 2021
7
Certain conditions are imposed on all medicinal cannabis licences,
1
and the Secretary may also impose additional conditions.
2
Medicinal cannabis licences and permits can be varied or revoked
3
in certain circumstances.
4
There are offences and civil penalties relating to the cultivation and
5
obtaining of cannabis plants, the production of cannabis and
6
cannabis resin and the manufacture of cannabis drugs.
7
8DA Purpose of this Chapter
8
A purpose of this Chapter is to enable the following activities to be
9
undertaken in order to ensure that medicinal cannabis products are
10
available to patients in Australia for therapeutic purposes:
11
(a) the cultivation and obtaining of cannabis plants for the
12
purposes of producing cannabis or cannabis resin for
13
medicinal or scientific purposes;
14
(b) the production of cannabis or cannabis resin for medicinal or
15
scientific purposes;
16
(c) the manufacture of a cannabis drug for a permitted supply.
17
20 Subsection 8E(1)
18
Repeal the subsection, substitute:
19
(1) A person may apply to the Secretary for a licence (a
medicinal
20
cannabis licence
) that authorises one or more of the following
21
activities:
22
(a) the cultivation of cannabis plants, in accordance with one or
23
more medicinal cannabis permits, for the purpose of
24
producing cannabis or cannabis resin for medicinal or
25
scientific purposes and, if appropriate, the obtaining of
26
cannabis plants for the purpose of such cultivation;
27
(b) the production of cannabis or cannabis resin for medicinal or
28
scientific purposes, in accordance with one or more
29
medicinal cannabis permits;
30
(c) the manufacture of a cannabis drug for one or more permitted
31
supplies, in accordance with one or more medicinal cannabis
32
permits;
33
Schedule 1
Amendments
8
Narcotic Drugs Amendment (Medicinal Cannabis) Bill 2021
No. , 2021
(d) activities relating to such obtaining, cultivation, production
1
or manufacture, including but not limited to the following (as
2
applicable):
3
(i) the supply of cannabis plants or a cannabis drug;
4
(ii) the packaging, transport, storage, possession and control
5
of cannabis plants or a cannabis drug;
6
(iii) the taking of samples from cannabis plants or a cannabis
7
drug and the testing of such samples;
8
(iv) the disposal or destruction of cannabis plants or a
9
cannabis drug.
10
21 Paragraph 8F(3)(b)
11
Repeal the paragraph, substitute:
12
(b) may have regard to any other matter relating to the conduct
13
of activities authorised by the licence or the distribution, use
14
and possession of:
15
(i) cannabis plants cultivated or obtained under the licence;
16
or
17
(ii) cannabis or cannabis resin produced under the licence;
18
or
19
(iii) a cannabis drug manufactured under the licence; and
20
22 Paragraph 8F(3)(d)
21
Omit "land or" (wherever occurring).
22
23 Paragraph 8G(1)(d)
23
Repeal the paragraph, substitute:
24
(d) the Secretary is not satisfied on reasonable grounds that the
25
applicant will take all reasonable measures to ensure the
26
physical security of cannabis plants or cannabis drugs that:
27
(i) are in the applicant's possession or control; and
28
(ii) are obtained, cultivated, produced or manufactured
29
under, or purportedly under, the licence; or
30
24 Paragraph 8G(1)(e)
31
Omit "land or".
32
Amendments
Schedule 1
No. , 2021
Narcotic Drugs Amendment (Medicinal Cannabis) Bill 2021
9
25 Section 8J
1
Repeal the section, substitute:
2
8J Particular circumstances in which Secretary must refuse to grant
3
a medicinal cannabis licence that authorises the
4
manufacture of a cannabis drug
5
The Secretary must refuse to grant a medicinal cannabis licence
6
that authorises the manufacture of a cannabis drug unless the
7
Secretary is satisfied on reasonable grounds that the drug will be
8
manufactured for a permitted supply.
9
26 Paragraph 8M(c)
10
Repeal the paragraph, substitute:
11
(c) for each of the following activities that are authorised by the
12
licence, the premises at which the activity is authorised by
13
the licence in accordance with one or more medicinal
14
cannabis permits:
15
(i) the obtaining and cultivation of cannabis plants;
16
(ii) the production of cannabis or cannabis resin;
17
(iii) the manufacture of a cannabis drug;
18
27 Paragraph 8M(d)
19
Omit "or production", substitute ", production or manufacture".
20
28 After paragraph 8M(d)
21
Insert:
22
(da) if the licence authorises the cultivation of cannabis plants--
23
the extent of the land on which the cultivation of cannabis
24
plants is authorised by the licence in accordance with one or
25
more medicinal cannabis permits;
26
29 Paragraph 8M(e)
27
Repeal the paragraph, substitute:
28
(e) the persons prescribed by the regulations as the persons who
29
are authorised by the licence to engage in the activities
30
authorised by the licence;
31
Schedule 1
Amendments
10
Narcotic Drugs Amendment (Medicinal Cannabis) Bill 2021
No. , 2021
30 Paragraphs 8M(g) and (h)
1
Repeal the paragraphs, substitute:
2
(g) the day on which the licence comes into force;
3
(h) if the licence is to be in force for a specified period--that
4
period;
5
(i) that the Secretary may, in accordance with section 15, require
6
the destruction of any of the following that are in the
7
possession of, or under the control of, the licence holder:
8
(i) cannabis plants;
9
(ii) a cannabis drug;
10
(iii) a narcotic preparation that contains such a drug;
11
(j) if the licence authorises the manufacture of a cannabis drug
12
for one or more permitted supplies--those permitted
13
supplies.
14
31 Section 8N
15
Repeal the section, substitute:
16
8N Period for which a medicinal cannabis licence is in force
17
(1) If a medicinal cannabis licence is revoked under subsection 10P(1)
18
or (2), the licence ceases to be in force on the day specified in the
19
notice given under that subsection revoking the licence.
20
(2) If:
21
(a) a medicinal cannabis licence is surrendered in accordance
22
with regulations made for the purposes of section 11A; and
23
(b) as a result of that surrender, the licence is to cease to be in
24
force on a particular day, or at a particular time, under those
25
regulations;
26
the licence ceases to be in force on that day, or at that time, unless
27
it ceases to be in force under subsection (1) of this section on an
28
earlier day.
29
(3) If a medicinal cannabis licence specifies a period during which the
30
licence is to remain in force, the licence ceases to be in force at the
31
end of that period unless it ceases to be in force under
32
subsection (1) or (2) on an earlier day or at an earlier time.
33
Amendments
Schedule 1
No. , 2021
Narcotic Drugs Amendment (Medicinal Cannabis) Bill 2021
11
32 After paragraph 9(4)(b)
1
Insert:
2
; or (c) if the application for the permit relates to a medicinal
3
cannabis licence that authorises the cultivation of cannabis
4
plants but does not authorise the production of cannabis or
5
cannabis resin--the Secretary is not satisfied on reasonable
6
grounds that the cultivation of the cannabis plants is:
7
(i) for the purposes of supply to the holder of a medicinal
8
cannabis licence that authorises such production; or
9
(ii) for a purpose prescribed by the regulations; or
10
(d) if the application for the permit relates to a medicinal
11
cannabis licence that authorises the production of cannabis or
12
cannabis resin but does not authorise the manufacture of a
13
cannabis drug--the Secretary is not satisfied on reasonable
14
grounds that the production of the cannabis or cannabis resin
15
is:
16
(i) for the purposes of supply to another holder of a
17
medicinal cannabis licence that authorises such
18
manufacture; or
19
(ii) for a purpose prescribed by the regulations.
20
33 At the end of section 9 (after the note)
21
Add:
22
(5) For the purposes of deciding whether to grant, or refuse to grant, a
23
medicinal cannabis permit, the Secretary may require the applicant
24
to provide access to premises at which activities authorised by the
25
medicinal cannabis licence to which the permit relates will take
26
place, for the purposes of inspecting the premises.
27
34 Subsection 9B(1)
28
Omit "a licence", substitute "a medicinal cannabis licence".
29
35 Paragraph 9B(1)(e)
30
Repeal the paragraph, substitute:
31
(e) the day on which the permit comes into force;
32
(ea) if the permit is to be in force for a specified period--that
33
period;
34
Schedule 1
Amendments
12
Narcotic Drugs Amendment (Medicinal Cannabis) Bill 2021
No. , 2021
36 Subsection 9B(1) (note 1)
1
Omit "Note 1", substitute "Note".
2
37 Subsection 9B(1) (note 2)
3
Repeal the note.
4
38 Subsection 9B(2)
5
Omit "a licence", substitute "a medicinal cannabis licence".
6
39 Paragraph 9B(2)(d)
7
Repeal the paragraph, substitute:
8
(d) the day on which the permit comes into force;
9
(da) if the permit is to be in force for a specified period--that
10
period;
11
40 At the end of section 9B
12
Add:
13
Medicinal cannabis permits--manufacture
14
(3) Without limiting the matters that the Secretary may specify in a
15
medicinal cannabis permit that relates to a medicinal cannabis
16
licence that authorises the manufacture of a cannabis drug, the
17
Secretary may specify one or more of the following that are
18
authorised by the licence in accordance with the permit:
19
(a) the maximum quantity of the cannabis drug that may be
20
manufactured at premises specified in the permit;
21
(b) the maximum quantity of the cannabis drug that, in the
22
opinion of the Secretary, having regard to prevailing market
23
conditions, it is necessary for the licence holder to have in the
24
holder's possession or control at any time for the normal
25
conduct of business;
26
(c) the period during which the cannabis drug may be
27
manufactured;
28
(d) the day on which the permit comes into force;
29
(e) if the permit is to be in force for a specified period--that
30
period;
31
(f) any matter prescribed by the regulations.
32
Amendments
Schedule 1
No. , 2021
Narcotic Drugs Amendment (Medicinal Cannabis) Bill 2021
13
41 Section 9C
1
Repeal the section, substitute:
2
9C Period for which a medicinal cannabis permit is in force
3
(1) If a medicinal cannabis permit is revoked under subsection 10P(2),
4
the permit ceases to be in force on the day specified in the notice
5
given under that subsection revoking the permit.
6
(2) If a medicinal cannabis permit is taken to be revoked under
7
subsection 10P(4), the permit ceases to be in force at the time
8
referred to in that subsection.
9
(3) If:
10
(a) a medicinal cannabis permit is surrendered in accordance
11
with regulations made for the purposes of section 11A; and
12
(b) as a result of that surrender, the permit is to cease to be in
13
force on a particular day, or at a particular time, under those
14
regulations;
15
the permit ceases to be in force on that day, or at that time, unless it
16
ceases to be in force under subsection (1) or (2) of this section on
17
an earlier day or at an earlier time.
18
(4) If a medicinal cannabis permit specifies a period during which the
19
permit is to remain in force, the permit ceases to be in force at the
20
end of that period unless it ceases to be in force under
21
subsection (1), (2) or (3) on an earlier day or at an earlier time.
22
42 Division 2 of Part 2 of Chapter 2
23
Repeal the Division.
24
43 Division 3 of Part 2 of Chapter 2 (heading)
25
Before "
cannabis
", insert "
medicinal
".
26
44 Section 10C (heading)
27
Omit "
Cannabis
", substitute "
Medicinal cannabis
".
28
45 Section 10C
29
Before "cannabis", insert "medicinal".
30
Schedule 1
Amendments
14
Narcotic Drugs Amendment (Medicinal Cannabis) Bill 2021
No. , 2021
46 Paragraph 10C(c)
1
Omit "9J,".
2
47 Subsection 10D(1)
3
Before "cannabis licence", insert "medicinal".
4
48 Paragraphs 10D(1)(b) and (c)
5
Repeal the paragraphs, substitute:
6
(b) the supply, delivery, dealing in any way with, transportation
7
and disposal of:
8
(i) cannabis plants cultivated or obtained under the licence
9
in accordance with a permit; or
10
(ii) cannabis or cannabis resin produced under the licence in
11
accordance with a permit; or
12
(iii) a cannabis drug manufactured under the licence in
13
accordance with a permit;
14
(c) the use of names or symbols that may suggest or imply a
15
particular effect upon humans of a cannabis drug or a
16
narcotic preparation that contains such a drug, but not so as
17
to prevent the specification of factual material;
18
49 Paragraph 10D(1)(e)
19
Omit "cannabis or cannabis resin", substitute "cannabis drugs, narcotic
20
preparations that contain such a drug or by-products of cannabis drugs
21
or such narcotic preparations".
22
50 Paragraph 10D(1)(g)
23
Omit "or production", substitute ", production or manufacture".
24
51 Paragraphs 10D(1)(h) and (i)
25
Omit "land and".
26
52 Paragraph 10D(1)(o)
27
Repeal the paragraph, substitute:
28
(o) actions to be taken in case of loss, theft, spoilage or
29
destruction (however occurring) of:
30
(i) cannabis plants cultivated or obtained under, or
31
purportedly under, the licence; or
32
Amendments
Schedule 1
No. , 2021
Narcotic Drugs Amendment (Medicinal Cannabis) Bill 2021
15
(ii) cannabis or cannabis resin produced under, or
1
purportedly under, the licence; or
2
(iii) a cannabis drug manufactured under, or purportedly
3
under, the licence; or
4
(iv) a narcotic preparation that contains such a drug;
5
53 Paragraph 10D(1)(s)
6
Omit "cannabis or cannabis resin", substitute "a cannabis drug or a
7
narcotic preparation that contains such a drug".
8
54 At the end of subsection 10D(1)
9
Add:
10
; (t) the labelling of a cannabis drug.
11
55 Subsection 10D(2)
12
Omit "Cannabis licence conditions", substitute "The conditions of a
13
medicinal cannabis licence that authorises the cultivation of cannabis
14
plants, or the production of cannabis or cannabis resin,".
15
56 Section 10E (heading)
16
Before "
cannabis
", insert "
medicinal
".
17
57 Subsection 10E(1)
18
Before "cannabis licence", insert "medicinal".
19
58 After paragraph 10E(1)(b)
20
Insert:
21
or (ba) to engage in the manufacture of a cannabis drug, or activities
22
related to such manufacture;
23
59 Subsection 10E(3)
24
Repeal the subsection, substitute:
25
(3) A reference in subsection (1) to:
26
(a) a licence holder; or
27
(b) a person authorised by a medicinal cannabis licence to
28
engage in a particular activity;
29
Schedule 1
Amendments
16
Narcotic Drugs Amendment (Medicinal Cannabis) Bill 2021
No. , 2021
is, in the case of the revocation or surrender of the licence, taken to
1
be a reference to a person who was the licence holder, or was so
2
authorised, immediately before the revocation or surrender (as the
3
case may be).
4
60 Section 10F (heading)
5
Before "
cannabis
", insert "
medicinal
".
6
61 Subsections 10F(1) and (2)
7
Before "cannabis licence" (wherever occurring), insert "medicinal".
8
62 Section 10G
9
Repeal the section, substitute:
10
10G Condition that activities authorised by medicinal cannabis
11
licence are undertaken in accordance with medicinal
12
cannabis permit
13
It is a condition of a medicinal cannabis licence that an activity
14
authorised by the licence (other than an activity of the kind
15
mentioned in paragraph 8E(1)(d)) is undertaken by the licence
16
holder, or by any other person authorised by the licence to
17
undertake the activity, in accordance with a medicinal cannabis
18
permit.
19
63 Section 10H
20
Repeal the section, substitute:
21
10H Condition about monitoring and inspection
22
It is a condition of a medicinal cannabis licence that, if a person is
23
authorised by the licence:
24
(a) to obtain or cultivate cannabis plants, to produce cannabis or
25
cannabis resin or to manufacture a cannabis drug; or
26
(b) to engage in activities relating to such obtaining, cultivation,
27
production or manufacture;
28
the person allow the Secretary, or a person authorised by the
29
Secretary, to:
30
Amendments
Schedule 1
No. , 2021
Narcotic Drugs Amendment (Medicinal Cannabis) Bill 2021
17
(c) enter premises at which the person is present and where the
1
obtaining, cultivation, production, manufacture or activity is
2
being undertaken, for the purposes of the following:
3
(i) inspecting or monitoring the obtaining, cultivation,
4
production, manufacture or activity;
5
(ii) checking whether the obtaining, cultivation, production,
6
manufacture or activity is being carried out as
7
authorised by the licence in accordance with a medicinal
8
cannabis permit, and whether licence conditions are
9
being complied with; and
10
(d) take samples of any thing at the premises and remove and
11
test such samples.
12
64 Paragraphs 10J(2)(c) and (d)
13
Repeal the paragraphs, substitute:
14
(c) a contract that deals with matters prescribed by the
15
regulations is in existence between the holder of the
16
medicinal cannabis licence (the
primary licence holder
) and
17
another holder of a medicinal cannabis licence that authorises
18
the manufacture of a cannabis drug; or
19
(d) the medicinal cannabis licence of the primary licence holder
20
authorises such manufacture.
21
65 After section 10J
22
Insert:
23
10JA Condition for medicinal cannabis licence authorising the
24
manufacture of cannabis drugs
25
It is a condition of a medicinal cannabis licence that authorises the
26
manufacture of a cannabis drug for one or more permitted supplies
27
that the licence holder must not supply the drug other than for
28
those permitted supplies.
29
66 Subsection 10K(1)
30
Before "cannabis", insert "medicinal".
31
67 Division 4 of Part 2 of Chapter 2 (heading)
32
Before "
cannabis
" (wherever occurring), insert "
medicinal
".
33
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68 Section 10M (heading)
1
Before "
cannabis
" (wherever occurring), insert "
medicinal
".
2
69 Subsections 10M(1), (2) and (3)
3
Before "cannabis" (wherever occurring), insert "medicinal".
4
70 Paragraphs 10M(4)(a) and (b)
5
Before "cannabis", insert "medicinal".
6
71 Paragraph 10M(4)(b)
7
Omit "9J or paragraph (a) of this subsection", substitute "this section".
8
72 Paragraph 10M(4)(c)
9
Before "cannabis", insert "medicinal".
10
73 Subsections 10M(5) and (6)
11
Before "cannabis" (wherever occurring), insert "medicinal".
12
74 Section 10N (heading)
13
Omit "
cannabis licences and permits
", substitute "
medicinal
14
cannabis licences and medicinal cannabis permits
".
15
75 Subsections 10N(1) and (4)
16
Before "cannabis" (wherever occurring), insert "medicinal".
17
76 Section 10P (heading)
18
Before "
cannabis
" (wherever occurring), insert "
medicinal
".
19
77 Subsection 10P(1)
20
Omit "cannabis licence, revoke the cannabis", substitute "medicinal
21
cannabis licence, revoke the".
22
78 Paragraph 10P(1)(c)
23
Before "business associate", insert "relevant".
24
79 Paragraph 10P(1)(c)
25
Before "cannabis", insert "medicinal".
26
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19
80 After subsection 10P(1)
1
Insert:
2
(1A) A business associate of a licence holder is a relevant business
3
associate if the Secretary considers it is reasonable, in considering
4
the revocation of the licence, to take that business associate into
5
account.
6
81 Subsection 10P(2)
7
Before "cannabis" (first and second occurring), insert "medicinal".
8
82 Paragraphs 10P(2)(e) and (g)
9
Omit "land or premises", substitute "premises".
10
83 Paragraph 10P(2)(g)
11
Omit "that land or".
12
84 Paragraph 10P(2)(h)
13
Omit "cannabis or cannabis resin", substitute "cannabis drugs or
14
narcotic preparations that contain such a drug".
15
85 Subsections 10P(3) and (4)
16
Before "cannabis" (wherever occurring), insert "medicinal".
17
86 Subsections 11(1), (2) and (4)
18
Before "cannabis" (wherever occurring), insert "medicinal".
19
87 Section 11A (heading)
20
Before "
cannabis
" (wherever occurring), insert "
medicinal
".
21
88 Section 11A
22
Before "cannabis" (wherever occurring), insert "medicinal".
23
89 Part 3 of Chapter 2 (heading)
24
Omit "
medicinal cannabis
", substitute "
cannabis plants and cannabis
25
drugs
".
26
Schedule 1
Amendments
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Narcotic Drugs Amendment (Medicinal Cannabis) Bill 2021
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90 Paragraph 11B(1)(b)
1
Omit all the words after "under", substitute "a medicinal cannabis
2
licence".
3
91 Section 11C (heading)
4
Before "
cannabis
", insert "
medicinal
".
5
92 Paragraph 11C(1)(a)
6
Before "cannabis" (first and last occurring), insert "medicinal".
7
93 Paragraph 11C(1)(b)
8
Before "cannabis", insert "medicinal".
9
94 Paragraph 11D(1)(b)
10
Omit all the words after "under", substitute "a medicinal cannabis
11
licence".
12
95 Section 11E (heading)
13
Before "
cannabis
", insert "
medicinal
".
14
96 Paragraph 11E(1)(a)
15
Before "cannabis" (first and last occurring), insert "medicinal".
16
97 Paragraph 11E(1)(b)
17
Before "cannabis", insert "medicinal".
18
98 At the end of Part 3 of Chapter 2
19
Add:
20
11EA Unauthorised manufacture of cannabis drugs
21
(1) A person who is a licence holder contravenes this subsection if:
22
(a) the person manufactures a cannabis drug or does a thing in
23
connection with such manufacture; and
24
(b) the manufacture of the cannabis drug, or the doing of the
25
thing, by the person is not authorised by or under a medicinal
26
cannabis licence.
27
Amendments
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21
Fault-based offence
1
(2) A person commits an offence if the person contravenes
2
subsection (1).
3
Note:
See section 24A in relation to the physical elements of the offence.
4
Penalty: Imprisonment for 10 years, or 600 penalty units, or both.
5
Strict liability offence
6
(3) A person commits an offence of strict liability if the person
7
contravenes subsection (1).
8
Penalty: 60 penalty units.
9
Civil penalty provision
10
(4) A person is liable to a civil penalty if the person contravenes
11
subsection (1).
12
Civil penalty:
1,000 penalty units.
13
11EB Breach of condition of a medicinal cannabis licence--
14
manufacture
15
(1) A person contravenes this subsection if:
16
(a) the person is authorised by a medicinal cannabis licence to
17
manufacture a cannabis drug, in accordance with a medicinal
18
cannabis permit, or to engage in activities related to such
19
manufacture; and
20
(b) the person breaches a condition of the licence; and
21
(c) the condition is not prescribed by the regulations for the
22
purposes of this paragraph.
23
Fault-based offence
24
(2) A person commits an offence if the person contravenes
25
subsection (1).
26
Note:
See section 24A in relation to the physical elements of the offence.
27
Penalty: Imprisonment for 10 years, or 600 penalty units, or both.
28
Schedule 1
Amendments
22
Narcotic Drugs Amendment (Medicinal Cannabis) Bill 2021
No. , 2021
Strict liability offence
1
(3) A person commits an offence of strict liability if the person
2
contravenes subsection (1).
3
Penalty: 60 penalty units.
4
Civil penalty provision
5
(4) A person is liable to a civil penalty if the person contravenes
6
subsection (1).
7
Civil penalty:
1,000 penalty units.
8
99 Chapter 3 (heading)
9
Before "
drugs
", insert "
narcotic
".
10
100 Section 11F
11
Omit:
12
A manufacture licence may authorise the manufacture of a drug
13
and activities related to such manufacture, including manufacture
14
for the purposes of research relating to medicinal cannabis
15
products.
16
Before a licence holder can manufacture a drug, the licence holder
17
must obtain a manufacture permit. Permits deal with matters such
18
as the types and quantities of drugs that can be manufactured.
19
substitute:
20
A manufacture licence may authorise the manufacture of a narcotic
21
drug and activities related to such manufacture.
22
Before a licence holder can manufacture a narcotic drug, the
23
licence holder must obtain a manufacture permit. Permits deal with
24
matters such as the types and quantities of narcotic drugs that can
25
be manufactured.
26
Amendments
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23
101 Section 1
1F (paragraph beginning "There are")
1
Before "drugs", insert "narcotic".
2
102 Paragraph 11G(1)(a)
3
Before "drug", insert "narcotic".
4
103 Subparagraphs 11G(1)(b)(i), (ii) and (iii)
5
Before "drug", insert "narcotic".
6
104 Subsection 11H(2)
7
Omit "sections 11J and 11K", substitute "section 11J".
8
105 Paragraph 11H(3)(b)
9
Before "drugs", insert "narcotic".
10
106 Paragraph 11H(3)(d)
11
Omit "land or" (wherever occurring).
12
107 Paragraph 11J(1)(b)
13
Omit "subject to subsection 11K(3)--".
14
108 Paragraph 11J(1)(d)
15
Omit "drugs or narcotic preparations", substitute "narcotic drugs or
16
narcotic preparations that contain such a drug".
17
109 Paragraph 11J(1)(e)
18
Omit "land or".
19
110 Section 11K
20
Repeal the section.
21
111 Paragraph 11N(b)
22
Omit "specified drugs", substitute "a specified narcotic drug".
23
112 Paragraph 11N(c)
24
Omit "drugs", insert "a narcotic drug".
25
Schedule 1
Amendments
24
Narcotic Drugs Amendment (Medicinal Cannabis) Bill 2021
No. , 2021
113 Paragraph 11N(e)
1
Repeal the paragraph, substitute:
2
(e) the persons prescribed by the regulations as the persons who
3
are authorised by the licence to engage in the activities
4
authorised by the licence;
5
114 Paragraphs 11N(h) and (i)
6
Repeal the paragraphs, substitute:
7
(h) that the Secretary may, in accordance with section 15, require
8
the destruction of any of the following that are in the
9
possession of, or under the control of, the licence holder:
10
(i) a narcotic drug;
11
(ii) a narcotic preparation that contains such a drug.
12
115 Section 11P
13
Repeal the section, substitute:
14
11P Period for which a manufacture licence is in force
15
(1) If a manufacture licence is revoked under subsection 13B(1) or (2),
16
the licence ceases to be in force on the day specified in the notice
17
given under that subsection revoking the licence.
18
(2) If:
19
(a) a manufacture licence is surrendered in accordance with
20
regulations made for the purposes of section 13D; and
21
(b) as a result of that surrender, the licence is to cease to be in
22
force on a particular day, or at a particular time, under those
23
regulations;
24
the licence ceases to be in force on that day, or at that time, unless
25
it ceases to be in force under subsection (1) of this section on an
26
earlier day.
27
(3) If a manufacture licence specifies a period during which the licence
28
is to remain in force, the licence ceases to be in force at the end of
29
that period unless it ceases to be in force under subsection (1) or
30
(2) on an earlier day or at an earlier time.
31
Amendments
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No. , 2021
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25
116 Section 12C
1
Before "drug" (wherever occurring), insert "narcotic".
2
117 Section 12D
3
Repeal the section, substitute:
4
12D Period for which a manufacture permit is in force
5
(1) If a manufacture permit is revoked under subsection 13B(2), the
6
permit ceases to be in force on the day specified in the notice given
7
under that subsection revoking the permit.
8
(2) If a manufacture permit is taken to be revoked under
9
subsection 13B(4), the permit ceases to be in force at the time
10
referred to in that subsection.
11
(3) If:
12
(a) a manufacture permit is surrendered in accordance with
13
regulations made for the purposes of section 13D; and
14
(b) as a result of that surrender, the permit is to cease to be in
15
force on a particular day, or at a particular time, under those
16
regulations;
17
the permit ceases to be in force on that day, or at that time, unless it
18
ceases to be in force under subsection (1) or (2) of this section on
19
an earlier day or at an earlier time.
20
(4) If a manufacture permit specifies a period during which the permit
21
is to remain in force, the permit ceases to be in force at the end of
22
that period unless it ceases to be in force under subsection (1), (2)
23
or (3) on an earlier day or at an earlier time.
24
118 Paragraph 12F(b)
25
Omit "drugs", substitute "a narcotic drug".
26
119 Paragraph 12F(c)
27
Repeal the paragraph.
28
120 Paragraph 12F(e)
29
Omit "drugs, narcotic preparations", substitute "narcotic drugs, narcotic
30
preparations that contain such a drug".
31
Schedule 1
Amendments
26
Narcotic Drugs Amendment (Medicinal Cannabis) Bill 2021
No. , 2021
121 Paragraph 12F(i)
1
Omit "land and".
2
122 Paragraph 12F(o)
3
Omit "drugs manufactured, under (or purportedly under) the licence, or
4
of narcotic preparations", substitute "a narcotic drug manufactured,
5
under (or purportedly under) the licence, or of a narcotic preparation
6
that contains such a drug".
7
123 Paragraph 12F(r)
8
Omit "contractors;", substitute "contractors.".
9
124 Paragraphs 12F(s) and (t)
10
Repeal the paragraphs.
11
125 Subsection 12G(1)
12
Before "drugs", insert "narcotic".
13
126 Section 12J
14
Repeal the section, substitute:
15
12J Condition that manufacture of narcotic drugs is in accordance
16
with a manufacture permit
17
It is a condition of a manufacture licence that an activity authorised
18
by the licence (other than an activity of the kind mentioned in
19
paragraph 11G(1)(b)) is undertaken by the licence holder, or by
20
any other person authorised by the licence to undertake the
21
activity, in accordance with a manufacture permit.
22
127 Paragraph 12K(a)
23
Before "drug", insert "narcotic".
24
128 Sections 12L and 12M
25
Repeal the sections.
26
129 Paragraph 13(4)(b)
27
Omit "paragraph (a) of this subsection", substitute "this section".
28
Amendments
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130 Paragraph 13B(1)(c)
1
Before "business associate", insert "relevant".
2
131 After subsection 13B(1)
3
Insert:
4
(1A) A business associate of a licence holder is a relevant business
5
associate if the Secretary considers it is reasonable, in considering
6
the revocation of the licence, to take that business associate into
7
account.
8
132 Paragraphs 13B(2)(e) and (g)
9
Omit "land or premises", substitute "premises".
10
133 Paragraph 13B(2)(g)
11
Omit "that land or".
12
134 Paragraph 13B(2)(h)
13
Omit "drugs or narcotic preparations", substitute "a narcotic drug, or a
14
narcotic preparation that contains such a drug,".
15
135 Part 3 of Chapter 3 (heading)
16
Before "
drugs
", insert "
narcotic
".
17
136 Section 13E (heading)
18
Before "
drugs
", insert "
narcotic
".
19
137 Paragraph 13E(1)(a)
20
Omit "drugs", substitute "a narcotic drug".
21
138 Paragraph 13E(1)(b)
22
Omit "drugs", substitute "narcotic drug".
23
139 Paragraph 13F(1)(a)
24
Omit "drugs", substitute "a narcotic drug".
25
140 After paragraph 13P(1)(c)
26
Insert:
27
Schedule 1
Amendments
28
Narcotic Drugs Amendment (Medicinal Cannabis) Bill 2021
No. , 2021
(ca) subsection 11EA(3);
1
(cb) subsection 11EB(3);
2
141 Section 14D
3
After "enters", insert "licensed".
4
142 Subsections 14E(1) and 14F(1)
5
After "occupier of", insert "licensed".
6
143 Section 14H
(paragraph beginning "The Secretary has
7
directions")
8
Omit "premises, the destruction of cannabis plants, cannabis and
9
cannabis resin and other drugs", substitute "premises and the handling
10
and destruction of cannabis plants, cannabis drugs, narcotic drugs and
11
narcotic preparations that contain such drugs".
12
144 Section 14H
13
Omit:
14
This Chapter provides that State and Territory agencies can be
15
approved to carry out specified activities relating to cannabis
16
plants, cannabis and cannabis resin, including cultivating cannabis
17
plants to produce cannabis or cannabis resin or for research relating
18
to medicinal cannabis. Such agencies can also be authorised to
19
undertake the manufacture of certain drugs.
20
This Chapter provides for a review of the Act.
21
145 Subsection 14P(1)
22
Omit "(1)".
23
146 Paragraphs 14P(1)(a), (b), (c) and (d)
24
Omit "land or".
25
147 Subsection 14P(2)
26
Repeal the subsection.
27
Amendments
Schedule 1
No. , 2021
Narcotic Drugs Amendment (Medicinal Cannabis) Bill 2021
29
148 Subsection 15(1)
1
Repeal the subsection, substitute:
2
(1) The Secretary may, by notice in writing given to a person who is,
3
or has been, the holder of a medicinal cannabis licence, require the
4
destruction of, or other dealings with, cannabis plants, cannabis or
5
cannabis resin in the person's possession or control, if the
6
Secretary is satisfied on reasonable grounds that:
7
(a) the cannabis plants were cultivated or obtained, or the
8
cannabis or cannabis resin was produced, in breach of the
9
licence; or
10
(b) the cannabis plants were cultivated or obtained, or the
11
cannabis or cannabis resin was produced, in circumstances
12
prescribed by the regulations; or
13
(c) circumstances prescribed by the regulations for the purposes
14
of this paragraph exist.
15
(1A) The Secretary may, by notice in writing given to a person who is,
16
or has been, the holder of a licence, require the destruction of, or
17
other dealings with, a drug or a narcotic preparation that contains a
18
drug in the person's possession or control, if the Secretary is
19
satisfied on reasonable grounds that:
20
(a) the drug or the drug contained in the narcotic preparation was
21
manufactured in breach of the licence; or
22
(b) the drug or the drug contained in the narcotic preparation was
23
manufactured in circumstances prescribed by the regulations;
24
or
25
(c) circumstances prescribed by the regulations for the purposes
26
of this paragraph exist.
27
149 Paragraphs 15(2)(a) and (4)(a)
28
After "subsection (1)", insert "or (1A)".
29
150 Section 15A
30
Omit "manufacture".
31
151 Paragraphs 15E(1)(f) to (j)
32
Repeal the paragraphs.
33
Schedule 1
Amendments
30
Narcotic Drugs Amendment (Medicinal Cannabis) Bill 2021
No. , 2021
152 Paragraphs 15E(1)(k) to (m)
1
Before "cannabis" (wherever occurring), insert "medicinal".
2
153 Paragraph 15E(1)(u)
3
Omit "manufacture".
4
154 Subparagraph 15F(2)(a)(i)
5
Omit "or (f)".
6
155 Subparagraph 15F(2)(a)(ii)
7
Before "cannabis", insert "medicinal".
8
156 Paragraph 15F(2)(b)
9
Omit "cannabis licence concerned relates to land or", substitute
10
"medicinal cannabis licence concerned relates to".
11
157 Subsection 23(1)
12
Omit "preparations, other than a person who is the holder of a
13
manufacture licence,", substitute "preparations (other than a person who
14
is the holder of a medicinal cannabis licence that authorises the
15
manufacture of a cannabis drug or is the holder of a manufacture
16
licence)".
17
158 Section 25A
18
Repeal the section.
19
159 Subsection 25B(1)
20
Omit "land or".
21
160 Paragraph 25B(2)(b)
22
Omit "land or".
23
161 At the end of paragraph 26(1)(a)
24
Add "or".
25
162 After paragraph 26(1)(b)
26
Insert:
27
Amendments
Schedule 1
No. , 2021
Narcotic Drugs Amendment (Medicinal Cannabis) Bill 2021
31
(ba) by sending the notice to the person by fax, email or other
1
electronic means to the last fax number, email address or
2
other electronic address that the Secretary has for the person;
3
or
4
163 Subsection 26(2)
5
Omit "or electronic address, or by other electronic means,", substitute ",
6
email address or other electronic address".
7
164 Section 26A
8
Repeal the section.
9
165 Subsection 27(2) (heading)
10
Omit "
land and
".
11
166 Subsection 27(2)
12
Omit "land or".
13
167 Paragraph 27(3)(a)
14
Omit "land or".
15
168 After paragraph 27(4)(a)
16
Insert:
17
(aa) scientific uses of samples;
18
169 Paragraph 27(4)(f)
19
Omit "cannabis, cannabis resin, and drugs and narcotic preparations that
20
contain cannabis or cannabis resin,", substitute "cannabis drugs and
21
narcotic preparations that contain such a drug".
22
170 Paragraph 27(4)(g)
23
Omit "a State or Territory", substitute "the Commonwealth, a State or a
24
Territory".
25
Schedule 2
Application, saving and transitional provisions
Part 1
Introduction
32
Narcotic Drugs Amendment (Medicinal Cannabis) Bill 2021
No. , 2021
Schedule 2--Application, saving and
1
transitional provisions
2
Part 1--Introduction
3
1 Definitions
4
In this Schedule:
5
cannabis licence application
means an application made under the
6
Narcotic Drugs Act for the grant of:
7
(a) a medicinal cannabis licence; or
8
(b) a cannabis research licence; or
9
(c) a cannabis manufacture licence.
10
cannabis manufacture licence
means a manufacture licence that
11
authorises either or both of the following:
12
(a) the manufacture of a drug that includes, or is from, any part
13
of the cannabis plant;
14
(b) activities relating to such manufacture.
15
cannabis manufacture permit
means a manufacture permit that relates
16
to the activities authorised by a cannabis manufacture licence.
17
converted licence
: see subitem 3(2) of this Schedule.
18
converted permit
: see subitem 3(4) of this Schedule.
19
Narcotic Drugs Act
means the
Narcotic Drugs Act 1967
.
20
non-commercial cannabis licence
means:
21
(a) a cannabis research licence that the Secretary, when granting
22
the licence, notified the applicant for the licence that the
23
Secretary was reasonably satisfied that the research that the
24
applicant proposed to undertake will be undertaken for, or
25
primarily for, non-commercial purposes; or
26
(b) a cannabis manufacture licence that the Secretary, when
27
granting the licence, notified the applicant for the licence that
28
the Secretary was reasonably satisfied that the manufacturing
29
that the applicant proposed to undertake will be undertaken
30
for, or primarily for, non-commercial purposes; or
31
(c) a cannabis manufacture licence that, on application by the
32
licence holder, the Secretary notified the licence holder that
33
the Secretary is reasonably satisfied that the manufacturing
34
Application, saving and transitional provisions
Schedule 2
Introduction
Part 1
No. , 2021
Narcotic Drugs Amendment (Medicinal Cannabis) Bill 2021
33
that the holder undertakes under the licence is for, or
1
primarily for, non-commercial purposes.
2
preserved licence
: see subitem 2(2) of this Schedule.
3
preserved permit
: see subitem 2(6) of this Schedule.
4
transition time
means the commencement of this Schedule.
5
Schedule 2
Application, saving and transitional provisions
Part 2
Licences and permits in force immediately before transition time
34
Narcotic Drugs Amendment (Medicinal Cannabis) Bill 2021
No. , 2021
Part 2--Licences and permits in force immediately
1
before transition time
2
2 Preservation of single licence etc.
3
(1)
This item applies if:
4
(a) immediately before the transition time, a person (the
licence
5
holder
) holds a single licence that is in force; and
6
(b) the licence is:
7
(i) a medicinal cannabis licence; or
8
(ii) a cannabis research licence; or
9
(iii) a cannabis manufacture licence.
10
Preservation of licence
11
(2)
Despite the amendments of the Narcotic Drugs Act made by Schedule 1
12
to this Act and subject to subitems (3) and (4), the licence (the
13
preserved licence
) continues to have effect, and may be dealt with, after
14
the transition time as if it were a medicinal cannabis licence that has
15
been granted under the Narcotic Drugs Act, as so amended.
16
(3)
If a period for which the preserved licence would be in force is
17
specified in the licence immediately before the transition time, the
18
licence is taken, after that time, not to specify such a period.
19
(4)
Subitem (3) does not apply in relation to a preserved licence if the
20
licence referred to in subitem (1) was a non-commercial cannabis
21
licence.
22
Preservation of notice to surrender licence
23
(5)
If:
24
(a) before the transition time, the licence holder gave a notice in
25
accordance with regulations made for the purposes of
26
section 11A or 13D of the Narcotic Drugs Act for the
27
surrender of the licence referred to in subitem (1); and
28
(b) immediately before the transition time, the licence has not
29
ceased to be in force under those regulations;
30
Application, saving and transitional provisions
Schedule 2
Licences and permits in force immediately before transition time
Part 2
No. , 2021
Narcotic Drugs Amendment (Medicinal Cannabis) Bill 2021
35
then, despite the amendments of that Act made by Schedule 1 to this
1
Act, the notice continues to have effect after the transition time as if it
2
were a notice given in relation to the preserved licence.
3
Preservation of permit that relates to preserved licence
4
(6)
If:
5
(a) immediately before the transition time, the licence holder
6
holds a permit that is in force; and
7
(b) the permit relates to the licence referred to in subitem (1);
8
then, despite the amendments of the Narcotic Drugs Act made by
9
Schedule 1 to this Act, the permit (the
preserved permit
) continues to
10
have effect, and may be dealt with, after the transition time as if it were
11
a medicinal cannabis permit granted under the Narcotic Drugs Act (as
12
amended by that Schedule) that relates to the preserved licence.
13
3 Conversion of multiple licences etc.
14
(1)
This item applies if:
15
(a) immediately before the transition time, a person (the
licence
16
holder
) holds 2 or more licences (the
original licences
) that
17
are in force; and
18
(b) the original licences are any one or more of the following:
19
(i) a medicinal cannabis licence;
20
(ii) a cannabis research licence;
21
(iii) a cannabis manufacture licence.
22
Conversion of multiple licences into a single licence
23
(2)
The original licences are taken, at the transition time, to be converted
24
into a single medicinal cannabis licence (the
converted licence
) that has
25
been granted under the Narcotic Drugs Act, as amended by Schedule 1
26
to this Act.
27
(3)
After the transition time, the converted licence:
28
(a) is taken to authorise the same activities that were authorised
29
by each of the original licences; and
30
(b) is taken to be subject to the same conditions that each of the
31
original licences is subject to; and
32
(c) is taken to specify the same matters as each of the original
33
licences specified (other than the matter mentioned in
34
Schedule 2
Application, saving and transitional provisions
Part 2
Licences and permits in force immediately before transition time
36
Narcotic Drugs Amendment (Medicinal Cannabis) Bill 2021
No. , 2021
whichever of paragraph 8M(g), 9L(g) or 11N(g) of the
1
Narcotic Drugs Act is applicable); and
2
(d) if each of the original licences were non-commercial
3
cannabis licences and each were to be in force for a particular
4
period--is taken to be in force until the end of whichever of
5
those periods ends last; and
6
(e) may be dealt with as a medicinal cannabis licence.
7
Continuation of permit that relates to original licence
8
(4)
If:
9
(a) immediately before the transition time, the licence holder
10
holds a permit that is in force; and
11
(b) the permit relates to an original licence;
12
then, despite the amendments of the Narcotic Drugs Act made by
13
Schedule 1 to this Act, the permit (the
converted permit
) continues to
14
have effect, and may be dealt with, after the transition time as if it were
15
a medicinal cannabis permit granted under the Narcotic Drugs Act (as
16
amended by that Schedule) that relates to the converted licence.
17
Copy of converted licence
18
(5)
The Secretary may, after the transition time, provide the licence holder
19
with a copy of the converted licence that specifies the following:
20
(a) the matters mentioned in paragraph (3)(c);
21
(b) if paragraph (3)(d) applies in relation to the converted
22
licence--when the licence will cease to be in force;
23
(c) any other relevant matter.
24
Application, saving and transitional provisions
Schedule 2
Pending applications for new licences etc.
Part 3
No. , 2021
Narcotic Drugs Amendment (Medicinal Cannabis) Bill 2021
37
Part 3--Pending applications for new licences etc.
1
4 Pending applications for new licences
--applications by
2
persons who do not hold a converted or preserved
3
licence
4
(1)
This item applies if:
5
(a) before the transition time, a person made one or more
6
cannabis licence applications; and
7
(b) immediately before the transition time, the Secretary has not
8
made a decision on the application or on any or all of those
9
applications (as the case may be); and
10
(c) at the transition time, the person does not hold a converted
11
licence or a preserved licence.
12
Single cannabis licence application
13
(2)
Both of the following apply if the person made only one cannabis
14
licence application:
15
(a) the application is taken, immediately after the transition time,
16
to be an application (the
deemed application
) made under
17
subsection 8E(1) of the Narcotic Drugs Act, as amended by
18
Schedule 1 to this Act, for a medicinal cannabis licence;
19
(b) after that time, the deemed application may be dealt with, or
20
may continue to be dealt with, under Part 2 of Chapter 2 of
21
the Narcotic Drugs Act, as so amended.
22
Multiple cannabis licence applications
23
(3)
Both of the following apply if the person made 2 or more cannabis
24
licence applications:
25
(a) the applications are taken, immediately after the transition
26
time, to be a single application made under subsection 8E(1)
27
of the Narcotic Drugs Act, as amended by Schedule 1 to this
28
Act, for a single medicinal cannabis licence;
29
(b) after that time, the single application may be dealt with, or
30
may continue to be dealt with, under Part 2 of Chapter 2 of
31
the Narcotic Drugs Act, as so amended.
32
Schedule 2
Application, saving and transitional provisions
Part 3
Pending applications for new licences etc.
38
Narcotic Drugs Amendment (Medicinal Cannabis) Bill 2021
No. , 2021
5 Pending applications for new licences
--applications by
1
persons who hold converted or preserved licences
2
(1)
This item applies if:
3
(a) before the transition time, a person made one or more
4
cannabis licence applications; and
5
(b) immediately before the transition time, the Secretary has not
6
made a decision on the application or on any or all of those
7
applications (as the case may be); and
8
(c) at the transition time, the person holds a converted licence or
9
a preserved licence.
10
Single cannabis licence application
11
(2)
Both of the following apply if the person made only one cannabis
12
licence application:
13
(a) the application is taken, immediately after the transition time,
14
to be an application (the
deemed application
) made under
15
subsection 10M(1) of the Narcotic Drugs Act, as amended by
16
Schedule 1 to this Act, for a variation of the preserved
17
licence or the converted licence (as the case may be);
18
(b) after that time, the deemed application may be dealt with, or
19
may continue to be deal with, under Division 4 of Part 2 of
20
Chapter 2 of the Narcotic Drugs Act, as so amended.
21
Multiple cannabis licence applications
22
(3)
Both of the following apply if the person made 2 or more cannabis
23
licence applications:
24
(a) the applications are taken, immediately after the transition
25
time, to be a single application made under
26
subsection 10M(1) of the Narcotic Drugs Act, as amended by
27
Schedule 1 to this Act, for a variation of the preserved
28
licence or the converted licence (as the case may be);
29
(b) after that time, the single application may be dealt with, or
30
may continue to be dealt with, under Division 4 of Part 2 of
31
Chapter 2 of the Narcotics Drugs Act, as so amended.
32
6 Pending applications for new permits
33
(1)
This item applies if:
34
Application, saving and transitional provisions
Schedule 2
Pending applications for new licences etc.
Part 3
No. , 2021
Narcotic Drugs Amendment (Medicinal Cannabis) Bill 2021
39
(a) before the transition time, a person made an application
1
under the Narcotic Drugs Act for the grant of:
2
(i) a medicinal cannabis permit; or
3
(ii) a cannabis research permit; or
4
(iii) a cannabis manufacture permit; and
5
(b) immediately before the transition time, the Secretary has not
6
made a decision on the application; and
7
(c) at the transition time, the person holds a preserved licence or
8
a converted licence; and
9
(d) the permit to which the application relates would relate to
10
activities authorised by the preserved licence or the converted
11
licence (as the case may be).
12
(2)
Both of the following apply in relation to the application:
13
(a) the application is taken, immediately after the transition time,
14
to be an application (the
deemed application
) made under
15
subsection 8P(1) of the Narcotic Drugs Act for a medicinal
16
cannabis permit that relates to the activities that are
17
authorised by the preserved licence or the converted licence
18
(as the case may be);
19
(b) after that time, the deemed application may be dealt with, or
20
may continue to be dealt with, under Part 2 of Chapter 2 of
21
the Narcotic Drugs Act, as amended by Schedule 1 to this
22
Act.
23
7 Pending applications for variation of existing licences
24
(1)
This item applies if:
25
(a) before the transition time, a person made an application
26
under the Narcotic Drugs Act for a variation of:
27
(i) a medicinal cannabis licence; or
28
(ii) a cannabis research licence; or
29
(iii) a cannabis manufacture licence; and
30
(b) immediately before the transition time, the Secretary has not
31
made a decision on the application; and
32
(c) at the transition time, the person holds a preserved licence or
33
a converted licence; and
34
(d) the licence to which the application relates is either:
35
(i) a licence that became a preserved licence; or
36
Schedule 2
Application, saving and transitional provisions
Part 3
Pending applications for new licences etc.
40
Narcotic Drugs Amendment (Medicinal Cannabis) Bill 2021
No. , 2021
(ii) a licence that has been converted into a converted
1
licence.
2
(2)
Both of the following apply in relation to the application:
3
(a) the application is taken, immediately after the transition time,
4
to be an application (the
deemed application
) made under
5
subsection 10M(1) of the Narcotic Drugs Act, as amended by
6
Schedule 1 to this Act, for a variation of the preserved
7
licence or the converted licence (as the case may be);
8
(b) after that time, the deemed application may be dealt with, or
9
may continue to be dealt with, under Division 4 of Part 2 of
10
Chapter 2 of the Narcotics Drugs Act, as so amended.
11
8 Pending applications for variation of existing permits
12
(1)
This item applies if:
13
(a) before the transition time, a person made an application
14
under the Narcotic Drugs Act for a variation of:
15
(i) a medicinal cannabis permit; or
16
(ii) a cannabis research permit; or
17
(iii) a cannabis manufacture permit; and
18
(b) immediately before the transition time, the Secretary has not
19
made a decision on the application; and
20
(c) at the transition time, the person holds a preserved permit or
21
a converted permit; and
22
(d) the permit to which the application relates is the permit that
23
became the preserved permit or the converted permit (as the
24
case may be).
25
(2)
Both of the following apply in relation to the application:
26
(a) the application is taken, immediately after the transition time,
27
to be an application (the
deemed application
) made under
28
subsection 10M(1) of the Narcotic Drugs Act, as amended by
29
Schedule 1 to this Act, for a variation of the preserved permit
30
or converted permit (as the case may be);
31
(b) after that time, the deemed application may be dealt with, or
32
may continue to be dealt with, under Division 4 of Part 2 of
33
Chapter 2 of the Narcotics Drugs Act, as so amended.
34
Application, saving and transitional provisions
Schedule 2
Other matters
Part 4
No. , 2021
Narcotic Drugs Amendment (Medicinal Cannabis) Bill 2021
41
Part 4--Other matters
1
9 Review of pre-transition reviewable decisions
--cannabis
2
research licence etc.
3
(1)
This item applies in relation to a decision if:
4
(a) the decision was made under the Narcotic Drugs Act before
5
the transition time; and
6
(b) the decision is a decision of the kind referred to in
7
paragraph 15E(1)(f), (g), (h), (i) or (j) of that Act; and
8
(c) immediately before the transition time, the period referred to
9
in paragraph 15G(2)(c) of that Act during which a person
10
may apply for review of the decision has not ended.
11
(2)
Despite the repeal of paragraphs 15E(1)(f), (g), (h), (i) and (j) of that
12
Act by Schedule 1 to this Act, Part 4 of Chapter 5 of the Narcotic Drugs
13
Act continues, after the transition time, to have effect in relation to the
14
decision as if the repeal had not happened.
15
10 Review of pre-transition reviewable decisions
--cannabis
16
licence etc.
17
(1)
This item applies in relation to a decision if:
18
(a) the decision was made under the Narcotic Drugs Act before
19
the transition time; and
20
(b) the decision is a decision of the kind referred to in
21
paragraph 15E(1)(k), (l) or (m) of that Act; and
22
(c) immediately before the transition time, the period referred to
23
in paragraph 15G(2)(c) of that Act during which a person
24
may apply for review of the decision has not ended.
25
(2)
Despite the amendments of paragraphs 15E(1)(k), (l) and (m) of that
26
Act made by Schedule 1 to this Act, Part 4 of Chapter 5 of the Narcotic
27
Drugs Act continues, after the transition time, to have effect in relation
28
to the decision as if the amendments had not been made.
29
11 Review by the Administrative Appeals Tribunal
30
(1)
This item applies in relation to a decision (the
review decision
) made
31
under section 15H of the Narcotic Drugs Act if:
32
Schedule 2
Application, saving and transitional provisions
Part 4
Other matters
42
Narcotic Drugs Amendment (Medicinal Cannabis) Bill 2021
No. , 2021
(a) the review decision was made before the transition time; and
1
(b) the review decision relates to a decision of a kind referred to
2
in paragraph 9(1)(b) or 10(1)(b) of this Schedule; and
3
(c) immediately before the transition time, both of the following
4
apply:
5
(i) an application for review of the review decision by the
6
Administrative Appeals Tribunal has not been made;
7
(ii) the time for a person to make such an application has
8
not ended (including any extensions of that time under
9
section 29 of the
Administrative Appeals Tribunal Act
10
1975
).
11
(2)
Despite the amendments of subsection 15E(1) of the Narcotic Drugs
12
Act made by Schedule 1 to this Act, section 15L of the Narcotic Drugs
13
Act continues, after the transition time, to have effect in relation to the
14
review decision as if the amendments had not been made.
15
12 Saving of directions relating to destruction etc.
16
(1)
This item applies in relation to a notice given to a person under
17
subsection 15(1) of the Narcotic Drugs Act if:
18
(a) the notice was given before the transition time; and
19
(b) immediately before the transition time, the person has not
20
complied with the notice.
21
(2)
Despite the amendments of section 15 of the Narcotic Drugs Act made
22
by Schedule 1 to this Act, the notice continues, after the transition time,
23
to have effect as if the amendments had not been made.
24
Application, saving and transitional provisions
Schedule 2
Transitional rules
Part 5
No. , 2021
Narcotic Drugs Amendment (Medicinal Cannabis) Bill 2021
43
Part 5--Transitional rules
1
13 Transitional rules
2
(1)
The Minister may, by legislative instrument, make rules prescribing
3
matters of a transitional nature (including prescribing any saving or
4
application provisions) relating to the amendments or repeals made by
5
this Act.
6
(2)
Without limiting subitem (1), the rules may make provision for, or in
7
relation to, the refund, remission or waiver of fees payable under the
8
Narcotic Drugs Act.
9
(3)
To avoid doubt, the rules may not do the following:
10
(a) create an offence or civil penalty;
11
(b) provide powers of:
12
(i) arrest or detention; or
13
(ii) entry, search or seizure;
14
(c) impose a tax;
15
(d) set an amount to be appropriated from the Consolidated
16
Revenue Fund under an appropriation in this Act;
17
(e) directly amend the text of this Act.
18
(4)
This Schedule (other than subitem (3)) does not limit the rules that may
19
be made for the purposes of subitem (1).
20
21