Drugs, Poisons and Controlled Substances Amendment (Cultivation of a Narcotic Plant) Regulations 2013

Authorised by the Chief Parliamentary Counsel Authorised Version i Drugs, Poisons and Controlled Substances Amendment (Cultivation of a Narcotic Plant) Regulations 2013 S.R. No. 50/2013 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provisions 1 3 Authority to cultivate narcotic plants for non-therapeutic uses 2 4 New regulation 52A inserted 2 52A Authority to possess narcotic plant 2 ═══════════════ ENDNOTES 4 -- 1 of 5 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2013 S.R. No. 50/2013 Drugs, Poisons and Controlled Substances Act 1981 Drugs, Poisons and Controlled Substances Amendment (Cultivation of a Narcotic Plant) Regulations 2013 The Governor in Council makes the following Regulations: Dated: 30 April 2013 Responsible Minister: MARY WOOLDRIDGE Minister for Mental Health YVETTE CARISBROOKE Clerk of the Executive Council 1 Objective The objective of these Regulations is to amend the Drugs, Poisons and Controlled Substances Regulations 2006 to authorise certain classes of persons to possess the narcotic plant Papaver somniferum L. in certain circumstances. 2 Authorising provisions These Regulations are made under sections 129, 132, 132A and 132B of the Drugs, Poisons and Controlled Substances Act 1981. -- 2 of 5 -- S.R. No. 50/2013 Drugs, Poisons and Controlled Substances Amendment (Cultivation of a Narcotic Plant) Regulations 2013 2 Authorised by the Chief Parliamentary Counsel 3 Authority to cultivate narcotic plants for non-therapeutic uses At the end of regulation 52 of the Drugs, Poisons and Controlled Substances Regulations 20061 insert— "(2) The holder of an authority under subregulation (1) is, for the purpose of that authority, authorized to possess the narcotic plant to which that authority relates for the purposes of sections 72, 72A, 72B and 73 of the Act.". 4 New regulation 52A inserted After regulation 52 of the Drugs, Poisons and Controlled Substances Regulations 2006 insert— "52A Authority to possess narcotic plant (1) A person listed in column 1 of the following Table who is an employee of, or engaged by, the holder of an authority under regulation 52 to cultivate the narcotic plant Papaver somniferum L., is authorised to possess that narcotic plant in the circumstances and to the extent specified in column 2 of the Table in respect of that person. Item No. Column 1 Authorised person Column 2 Circumstances and extent 1. A person who transports a narcotic plant cultivated under an authority under regulation 52 after it has been harvested For the purposes of transport and delivery to the person to whom the consignment of the narcotic plant is addressed r. 3 -- 3 of 5 -- S.R. No. 50/2013 Drugs, Poisons and Controlled Substances Amendment (Cultivation of a Narcotic Plant) Regulations 2013 3 Authorised by the Chief Parliamentary Counsel Item No. Column 1 Authorised person Column 2 Circumstances and extent 2. A person who stores a narcotic plant cultivated under an authority under regulation 52 after it has been harvested For the purposes of storing the narcotic plant after it has been harvested 3. A person who processes a narcotic plant cultivated under an authority under regulation 52 after it has been harvested For the purposes of processing the narcotic plant after it has been harvested (2) In this regulation— process means treat by mechanical, chemical or other artificial means.". ═══════════════ r. 4 -- 4 of 5 -- S.R. No. 50/2013 Drugs, Poisons and Controlled Substances Amendment (Cultivation of a Narcotic Plant) Regulations 2013 4 Authorised by the Chief Parliamentary Counsel ENDNOTES 1 Reg. 3: S.R. No. 57/2006. Reprint No. 1 as at 16 June 2011. Reprinted to S.R. No. 131/2010. Subsequently amended by S.R. No. 136/2012. Endnotes -- 5 of 5 --