Access to Medicinal Cannabis Act 2016
Authorised by the Chief Parliamentary Counsel
Authorised Version
i
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary 1
1 Purposes 1
2 Commencement 2
3 Definitions 2
4 Meaning of associate 9
5 Suitability matters 11
6 References to employment by licensed manufacturer 11
7 Health Secretary may declare registered medical practitioner
or class of practitioner 12
8 Activities authorised by cultivation licence 12
9 Act binds the Crown 12
Part 2—Functions of Health Secretary 13
10 Functions of Health Secretary 13
11 Health Secretary may approve forms for authorisations 13
12 Health Secretary may declare medicinal cannabis testing
facility 14
Part 3—Independent Medical Advisory Committee 15
13 Minister may establish Committee 15
Part 4—Manufacture of medicinal cannabis—Health Secretary
and Resources Secretary 16
Division 1—Manufacturing authorisation—Resources Secretary 16
14 Resources Secretary authorised to manufacture intermediate
cannabis product 16
15 Resources Secretary may enter into contract for performance
of prescribed activity under manufacturing authorisation 17
16 Authorisation of party to section 15 contract 17
Division 2—Manufacturing authorisation—Health Secretary 18
17 Health Secretary authorised to manufacture medicinal
cannabis products 18
18 Health Secretary may enter into contract for performance of
prescribed activity under manufacturing authorisation 19
19 Authorisation of party to section 18 contract 19
-- 1 of 114 --
Section Page
ii
Authorised by the Chief Parliamentary Counsel
Part 5—Manufacturing licences 20
20 What a licensed manufacturer is authorised to do by a
manufacturing research licence 20
21 What a licensed manufacturer is authorised to do by a general
manufacturing licence 20
22 Manufacturing licence authorises activities only at licensed
premises 21
23 What a licensed manufacturer's employees are authorised to do 22
24 Application for manufacturing licence 22
25 Health Secretary may require applicant to take further steps 23
26 Health Secretary must give application to Chief Commissioner
of Police 23
27 Health Secretary to determine application for manufacturing
licence 25
28 Circumstances in which Health Secretary may issue
manufacturing licence 26
29 Form and duration of manufacturing licence 27
30 Conditions of manufacturing licence 28
31 Licensed manufacturer must issue employee identification
certificates 28
32 Application for renewal of manufacturing licence 29
33 Health Secretary may require applicant for renewal to take
further steps 30
34 Health Secretary must give application for renewal to Chief
Commissioner of Police 30
35 Health Secretary to determine application for renewal of
manufacturing licence 31
36 Circumstances in which Health Secretary may renew
manufacturing licence 33
37 Amendment of manufacturing licence 34
38 Suspension and cancellation of manufacturing licence 35
Part 6—Health Secretary's functions regarding obtaining,
purchasing, registering, selling and supplying medicinal cannabis
products 37
39 Health Secretary may obtain or purchase medicinal cannabis
product from licensed manufacturer 37
40 Health Secretary may approve medicinal cannabis products for
sale to and by pharmacists 37
41 Approved medicinal cannabis product register 38
42 Health Secretary may sell or supply approved medicinal
cannabis product to pharmacist 38
43 Health Secretary may set maximum price at which pharmacist
may sell approved medicinal cannabis product 39
44 Health Secretary may give directions to pharmacist 39
-- 2 of 114 --
Section Page
iii
Authorised by the Chief Parliamentary Counsel
45 Health Secretary may sell or supply medicinal cannabis
product to authorised research practitioner 40
Part 7—Practitioner medicinal cannabis authorisations 41
46 What is authorised by practitioner medicinal cannabis
authorisation—eligible patient or exceptional circumstances 41
47 What is authorised by practitioner medicinal cannabis
authorisation—research purposes 41
48 Specialist medical practitioner may apply for practitioner
medicinal cannabis authorisation—eligible patient 42
49 Specialist medical practitioner may apply for practitioner
medicinal cannabis authorisation—research purposes 43
50 Registered medical practitioner may apply for practitioner
medicinal cannabis authorisation—exceptional circumstances 44
51 Health Secretary to determine application for practitioner
medicinal cannabis authorisation 46
52 Form of practitioner medicinal cannabis authorisation 47
53 Health Secretary must keep practitioner medicinal cannabis
authorisations register 48
54 Health Secretary may amend practitioner medicinal cannabis
authorisation 48
55 Health Secretary may suspend or cancel practitioner medicinal
cannabis authorisation 49
Part 8—Patient medicinal cannabis access authorisations 50
56 What a patient medicinal cannabis access authorisation
authorises 50
57 Registered medical practitioner may issue patient medicinal
cannabis access authorisation 50
58 Pharmacist may sell or supply on patient medicinal cannabis
access authorisation 51
59 Registered medical practitioner may supply for research
purposes on patient medicinal cannabis access authorisation 51
60 Other authority to possess, use and administer 52
Part 9—Review of decisions relating to licences 53
Division 1—Decisions that may be reviewed 53
61 Review by VCAT 53
Division 2—Protected information 53
62 VCAT to inquire on grounds for refusal 53
63 Appointment of special counsel 54
64 Procedure for hearing—protected information 55
65 Decision of VCAT where protected information exists 56
66 General provisions for hearing matters involving protected
information 57
-- 3 of 114 --
Section Page
iv
Authorised by the Chief Parliamentary Counsel
Part 10—Offences 59
67 Licensed manufacturer must report amendment or cancellation
of Commonwealth licence 59
68 Licensed manufacturer must report certain events 59
69 Licensed manufacturer must report prescribed events 60
70 Licensed manufacturer must surrender suspended or cancelled
licence 60
71 Licensed manufacturer must not contravene licence 60
72 Licensed manufacturer must prohibit access to licensed
premises 61
73 Employee must carry employee identification certificate 61
74 Licensed manufacturer must not employ disqualified person 62
75 Disqualified person must not accept employment by licensed
manufacturer 62
76 Licensed manufacturer must ensure employees do not
contravene licence or provisions of this Act 63
77 Criminal liability of licensed manufacturer for a failure to
exercise due diligence 64
78 Manufacturing inspector not to be hindered or obstructed 65
79 Offences concerning labelling, packaging, containers and
advertising 65
Part 11—Manufacturing inspectors and enforcement powers 67
Division 1—Authorisation and general powers of manufacturing
inspectors 67
80 Manufacturing inspectors 67
81 Manufacturing inspector's identification certificate 67
82 Function and general powers of manufacturing inspector 68
Division 2—Further powers and procedures for manufacturing
inspectors 70
83 Manufacturing inspector must give receipt if thing taken or
seized 70
84 Manufacturing inspector's powers in relation to storage
devices 71
85 Manufacturing inspector may seize or secure cannabis on
belief of contravention 72
86 Manufacturing inspector may access ratepayer information 73
87 Manufacturing inspector may issue infringement notice 74
88 Manufacturing inspector's authorisations regarding cannabis 75
Division 3—Powers of Health Secretary regarding seized cannabis 75
89 How Health Secretary must deal with seized cannabis 75
90 Retention of seized cannabis for proceeding 77
91 Magistrates' Court may extend 3 month period 77
92 Forfeiture and destruction of seized cannabis 78
-- 4 of 114 --
Section Page
v
Authorised by the Chief Parliamentary Counsel
93 Recovery of costs of forfeiture and destruction order 79
Part 12—General 80
94 Provision of cannabis to medicinal cannabis testing facility 80
95 Authorisation of couriers 81
96 Delegation by Health Secretary 81
97 Immunity of officials 82
98 Competition and Consumer Act and Competition Code 82
99 Review of operation of Act 83
100 Regulations 83
Part 13—Amendment of the Drugs, Poisons and Controlled
Substances Act 1981 90
101 Definitions 90
102 Act not to derogate from provisions of certain other Acts 91
103 Persons authorized to have possession etc. of poisons or
controlled substances 91
104 What a licence, permit or warrant can authorise 91
105 Manufacture, sale or supply of poisons or controlled
substances by wholesale 91
106 Wholesaling of certain poisons 92
107 Retailing of poisons or controlled substances 92
108 Sale of poisons or controlled substances by persons other than
manufacturers etc. 92
109 Offences concerning labelling and other matters 92
110 Sale of substances in unauthorised containers 93
111 Vending machines for poisons or controlled substances 93
112 New section 31A inserted 93
113 Effect of this Division 93
114 Administration of drugs of dependence, Schedule 9 poisons,
Schedule 8 poisons and Schedule 4 poisons in aged care
services 94
115 Inspections 94
116 Duties of officers in relation to seized substances 95
117 Persons who are liable for contravention of Act 95
118 New section 61A inserted 95
119 Trafficking in a drug or drugs of dependence—large
commercial quantity 95
120 Trafficking in a drug or drugs of dependence—commercial
quantity 96
121 Trafficking in a drug of dependence to a child 96
122 Trafficking in a drug of dependence 96
123 Possession of substance, material, documents or equipment for
trafficking in a drug of dependence 96
124 Supply of drug of dependence to a child 96
125 Possession of tablet press 97
126 Possession of precursor chemicals 97
-- 5 of 114 --
Section Page
vi
Authorised by the Chief Parliamentary Counsel
127 Possession of document containing information about
trafficking or cultivating a drug of dependence 97
128 Publication of document containing instructions 97
129 Cultivation of narcotic plants—large commercial quantity 98
130 Cultivation of narcotic plants—commercial quantity 98
131 Cultivation of narcotic plants 98
132 Permitting use of premises for trafficking or cultivation of
drug of dependence 98
133 Possession of drug of dependence 98
134 Introduction of drug of dependence into the body of another
person 99
135 Use of drug of dependence 99
136 Forging prescriptions and orders for drugs of dependence 99
137 Obtaining drugs of dependence etc. by false representation 99
138 Definitions—Part VC 100
139 New section 80TA inserted 100
140 List of licences and permits 100
141 Proof that a substance is poison etc. 101
142 New section 129A inserted 101
Part 14—Consequential amendments to other Acts and repeal of
amending Parts 104
Division 1—Amendment of other Acts 104
143 Crimes Act 1958—Definitions 104
144 Crimes Act 1958—Effect of intoxication on reasonable belief 104
145 Crimes Act 1958—Intoxication 104
146 Guardianship and Administration Act 1986—Definitions 105
147 Health Records Act 2001—Definitions 105
148 Mental Health Act 2014—What is medical treatment? 106
149 Pharmacy Regulation Act 2010—Definitions 106
150 Pharmacy Regulation Act 2010—Disclosure of information to
other agencies 106
151 Prevention of Cruelty to Animals Act 1986—Cruelty 107
Division 2—Repeal of amending Parts 107
152 Repeal of amending Parts 107
═══════════════
Endnotes 108
1 General information 108
-- 6 of 114 --
Authorised by the Chief Parliamentary Counsel
Authorised Version
1
Access to Medicinal Cannabis Act 2016 †
No. 20 of 2016
[Assented to 26 April 2016]
The Parliament of Victoria enacts:
Part 1—Preliminary
1 Purposes
The main purposes of this Act are—
(a) to provide for medicinal use of products
derived from cannabis by establishing a
scheme—
(i) for supply to and treatment of
Victorians with specified conditions
with approved medicinal cannabis
products of reliable quality and known
composition; and
Victoria
-- 7 of 114 --
Part 1—Preliminary
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
2
Authorised by the Chief Parliamentary Counsel
(ii) which preserves the prohibition of
unlawful trafficking, cultivation, supply
and use of the drug of dependence
Cannabis L.; and
(b) to provide for the lawful manufacture of
medicinal cannabis products; and
(c) to consequentially amend the Drugs,
Poisons and Controlled Substances
Act 1981 and make related amendments to
certain other Acts.
2 Commencement
This Act comes into operation on a day or days to
be proclaimed.
3 Definitions
In this Act—
approved form means a form approved by the
Health Secretary under section 11;
approved medicinal cannabis product means a
medicinal cannabis product that the Health
Secretary has approved under section 40;
approved medicinal cannabis product register
means the register kept by the Health
Secretary under section 41;
associate has the meaning given in section 4;
cannabis means a plant or any part of a plant of
the genus Cannabis L., whether fresh or
dried, and includes cannabis seed;
cannabis material means—
(a) cannabis within the meaning of the
Narcotic Drugs Act 1967 of the
Commonwealth; and
-- 8 of 114 --
Part 1—Preliminary
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
3
Authorised by the Chief Parliamentary Counsel
(b) cannabis resin within the meaning of
that Act;
Notes
1 In the Narcotic Drugs Act 1967 of the
Commonwealth, cannabis means the
flowering or fruiting tops of the cannabis plant
(excluding the seeds and leaves when not
accompanied by the tops) from which the resin
has not been extracted, by whatever name they
may be designated.
2 In the Narcotic Drugs Act 1967 of the
Commonwealth, cannabis resin means the
separated resin, whether crude or purified,
obtained from the cannabis plant.
Commonwealth licence to manufacture means a
manufacture licence within the meaning of
the Narcotic Drugs Act 1967 of the
Commonwealth that authorises the
manufacture of a drug that includes, or is
from, cannabis;
cultivation licence means a cannabis licence
within the meaning of the Narcotic Drugs
Act 1967 of the Commonwealth and includes
an approval under section 25A of that Act
made in respect of an agency of the State of
Victoria;
eligible patient means—
(a) a patient who—
(i) is under 18 years of age; and
(ii) experiences severe seizures
resulting from an epileptic
condition in respect of which
other treatment options have not
proved effective or have generated
intolerable side effects; and
-- 9 of 114 --
Part 1—Preliminary
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
4
Authorised by the Chief Parliamentary Counsel
(iii) meets the prescribed criteria in
respect of that condition (if any);
or
(b) a patient who—
(i) has a prescribed medical
condition; and
(ii) meets the prescribed criteria in
respect of that condition (if any);
employee identification certificate means a
certificate issued by a licensed manufacturer;
general manufacturing licence means a licence
referred to in section 21;
Health Secretary means the Secretary to the
Department of Health and Human Services;
intermediate cannabis product means a
substance, compound, preparation or mixture
that is manufactured from cannabis but that
must be further manufactured before being
suitable for human use or consumption;
label means a statement in writing on a container
of medicinal cannabis, an approved
medicinal cannabis product or other
medicinal cannabis product and includes any
tag, brand mark or statement in writing on,
or attached to, or used in connection with,
any container or package containing any
medicinal cannabis, an approved medicinal
cannabis product or other medicinal cannabis
product and labelled has a corresponding
meaning;
licensed cultivator means a person who holds a
cultivation licence;
licensed manufacturer means a person who holds
a manufacturing licence;
-- 10 of 114 --
Part 1—Preliminary
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
5
Authorised by the Chief Parliamentary Counsel
licensed premises means the premises specified in
a manufacturing licence;
manufacture has the same meaning as it has in
section 4 of the Drugs, Poisons and
Controlled Substances Act 1981 but does
not include production;
manufacturing authorisation means—
(a) in relation to the Health Secretary, the
authorisation under section 17; or
(b) in relation to the Resources Secretary,
the authorisation under section 14;
manufacturing inspector means—
(a) a person authorised under section 80(1)
to be an inspector in respect of the
manufacture of medicinal cannabis
products under this Act; and
(b) a police officer;
manufacturing licence means—
(a) a manufacturing research licence; or
(b) a general manufacturing licence;
manufacturing research licence means a licence
referred to in section 20;
medicinal cannabis means—
(a) cannabis cultivated in accordance with
a cultivation licence or obtained in
accordance with this Act; or
(b) cannabis material produced in
accordance with a cultivation licence or
obtained in accordance with this Act; or
(c) an intermediate cannabis product
manufactured or obtained in accordance
with this Act; or
-- 11 of 114 --
Part 1—Preliminary
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
6
Authorised by the Chief Parliamentary Counsel
(d) a medicinal cannabis product
manufactured or obtained in accordance
with this Act;
medicinal cannabis product means a substance,
compound, preparation or mixture that is
manufactured from cannabis, cannabis
material or an intermediate cannabis product
for human use or consumption and includes
an approved medicinal cannabis product;
medicinal cannabis testing facility means a
facility declared by the Health Secretary
under section 12;
patient medicinal cannabis access authorisation
means an authorisation under section 56;
pharmacist means a person registered under the
Health Practitioner Regulation National Law
to practise in the pharmacy profession
(other than as a student);
practitioner medicinal cannabis authorisation
means the following authorisations issued by
the Health Secretary under Part 7—
(a) a practitioner medicinal cannabis
authorisation—eligible patient;
(b) a practitioner medicinal cannabis
authorisation—exceptional
circumstances;
(c) a practitioner medicinal cannabis
authorisation—research purposes;
practitioner medicinal cannabis authorisation—
eligible patient means an authorisation
referred to in section 48;
practitioner medicinal cannabis authorisation—
exceptional circumstances means an
authorisation referred to in section 50;
-- 12 of 114 --
Part 1—Preliminary
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
7
Authorised by the Chief Parliamentary Counsel
practitioner medicinal cannabis authorisation—
research purposes means an authorisation
referred to in section 49;
practitioner medicinal cannabis authorisation
register means the register kept by the
Health Secretary under section 53;
production has the same meaning as it has in
the Narcotic Drugs Act 1967 of the
Commonwealth;
Note
In the Narcotic Drugs Act 1967 of the
Commonwealth, production relevantly means the
separation of cannabis and cannabis resin from a
cannabis plant.
protected information means any information,
document or thing the production or
inspection of which—
(a) is likely to reveal the identity of a
person and the fact that the person—
(i) provided information that formed
the basis of a decision of the Chief
Commissioner of Police to oppose
an application for a manufacturing
licence; or
(ii) provided information to a police
officer in the course of an
investigation; or
(iii) is named in any evidence given or
information provided to a police
officer in the course of an
investigation; or
(iv) has been the subject of an
investigation conducted by a
police officer; or
-- 13 of 114 --
Part 1—Preliminary
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
8
Authorised by the Chief Parliamentary Counsel
(b) is likely to jeopardise the safety of a
person referred to in paragraph (a)(i),
(ii), (iii) or (iv); or
(c) is likely to reveal an investigation
method used by police officers; or
(d) is likely to put at risk an ongoing
investigation by a police officer; or
(e) is otherwise not in the public interest;
Resources Secretary means the Secretary to the
Department of Economic Development,
Jobs, Transport and Resources;
seized cannabis means cannabis, cannabis
material, an intermediate cannabis product or
a medicinal cannabis product seized by a
manufacturing inspector under section 85
and seizure of cannabis has a corresponding
meaning;
serious offence has the same meaning as it has in
section 69N of the Drugs, Poisons and
Controlled Substances Act 1981;
specialist medical practitioner means a registered
medical practitioner—
(a) who is registered under the Health
Practitioner Regulation National Law
(Victoria) in a recognised speciality
(within the meaning of that Law) that is
prescribed for a prescribed medical
condition for which a practitioner
medicinal cannabis authorisation—
eligible patient is available; or
(b) to whom, or who is a member of a class
to which, a declaration under section 7
applies;
-- 14 of 114 --
Part 1—Preliminary
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
9
Authorised by the Chief Parliamentary Counsel
storage device means—
(a) a tape; or
(b) a disk; or
(c) a similar device that stores information;
substance has the same meaning as it has in
section 4 of the Drugs, Poisons and
Controlled Substances Act 1981;
suitability matters has the meaning set out in
section 5.
4 Meaning of associate
(1) For the purposes of this Act, a person is an
associate of a licensed manufacturer or an
applicant for a licence under this Act if—
(a) the person is of or over the age of 18 years;
and
(b) the person—
(i) holds any relevant financial interest
in the business of the manufacturer or
applicant (as the case requires) or is
entitled to exercise any relevant power
(including on behalf of anyone else) in
the business and, because of that
interest or power, is able to exercise
significant influence over or with
respect to the management or operation
of the business; or
(ii) holds any relevant position
(including on behalf of anyone else)
in the business; or
(iii) is the manufacturer's or applicant's
spouse, domestic partner, parent,
step-parent, sibling, step-sibling, child,
step-child or adopted child.
-- 15 of 114 --
Part 1—Preliminary
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
10
Authorised by the Chief Parliamentary Counsel
(2) In subsection (1)—
domestic partner of a person means—
(a) a person who is in a registered domestic
relationship within the meaning of the
Relationships Act 2008 with that
person; or
(b) a person to whom that person is not
married but with whom that person is
living as a couple on a genuine
domestic basis (irrespective of gender);
relevant financial interest in a business means—
(a) any share in the capital of the business;
or
(b) any entitlement to receive any income
derived from the business;
relevant position in a business means the position
(however described) of director, partner,
trustee, manager or other executive position
or secretary;
relevant power means any power, whether
exercisable by voting or otherwise and
whether exercisable alone or in association
with others—
(a) to participate in any directorial,
managerial or executive decision; or
(b) to elect or appoint any person to any
relevant person.
(3) For the purposes of the definition of domestic
partner in subsection (2), in determining whether
persons who are not in a registered relationship
are domestic partners of each other, all the
circumstances of their relationship are to be taken
into account, including any one or more of the
matters referred to in section 35(2) of the
-- 16 of 114 --
Part 1—Preliminary
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
11
Authorised by the Chief Parliamentary Counsel
Relationships Act 2008 as may be relevant in a
particular case.
5 Suitability matters
The suitability matters for a person is applying for
the issue or renewal of a manufacturing licence
are the following—
(a) whether the person—
(i) is of good repute, having regard to
character, honesty and integrity; and
(ii) has a history of noncompliance with
this Act, the regulations, the Drugs,
Poisons and Controlled Substances
Act 1981, the regulations made under
that Act or a manufacturing licence;
and
(iii) has a sound and stable financial
background; and
(iv) is in financial circumstances that may
significantly limit the applicant's
capacity to meet the applicant's
obligations in conducting activities
under the licence;
(b) if the person is not an individual, whether the
person has a satisfactory ownership, trust or
corporate structure.
6 References to employment by licensed manufacturer
In this Act, a reference to employment by a
licensed manufacturer includes—
(a) employment under a contract of training; and
(b) engagement under any other contract to
perform a specified task authorised under the
manufacturing licence.
-- 17 of 114 --
Part 1—Preliminary
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
12
Authorised by the Chief Parliamentary Counsel
7 Health Secretary may declare registered medical
practitioner or class of practitioner
For the purposes of paragraph (b) of the definition
of specialist medical practitioner, the Health
Secretary, by notice published in the Government
Gazette, may declare—
(a) a registered medical practitioner to be able to
apply for a practitioner medicinal cannabis
authorisation—eligible patient or a
practitioner medicinal cannabis
authorisation—research purposes; or
(b) a class of registered medical practitioner to
be able to apply for a practitioner medicinal
cannabis authorisation—eligible patient or a
practitioner medicinal cannabis
authorisation—research purposes.
8 Activities authorised by cultivation licence
For the purposes of this Act, the Drugs, Poisons
and Controlled Substances Act 1981 and any
other Act, if a person is authorised to undertake an
activity by a cultivation licence, the person is
taken to be authorised to undertake that activity by
this Act.
9 Act binds the Crown
This Act binds the Crown in right of the State of
Victoria and, so far as the legislative power of the
Parliament permits, also binds the Crown in all its
other capacities.
-- 18 of 114 --
Part 2—Functions of Health Secretary
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
13
Authorised by the Chief Parliamentary Counsel
Part 2—Functions of Health Secretary
10 Functions of Health Secretary
The Health Secretary has the following
functions—
(a) to oversee the scheme established by this Act
for the use of medicinal products derived
from cannabis for supply to, and treatment
of, Victorians with specified conditions with
medicinal cannabis products of reliable
quality and known composition;
(b) to review research on the medicinal use of
cannabis;
(c) to provide data to the Commonwealth, as
requested, in relation to the manufacture,
sale or supply of cannabis in accordance with
this Act;
(d) to prepare and disseminate educational and
guidance materials in relation to medicinal
cannabis products;
(e) to generally administer the scheme
established by this Act in accordance with
this Act;
(f) any other functions given to the Health
Secretary by or under this Act.
11 Health Secretary may approve forms for
authorisations
(1) The Health Secretary may approve the
following—
(a) the application forms for practitioner
medicinal cannabis authorisations;
(b) the form of practitioner medicinal cannabis
authorisations;
-- 19 of 114 --
Part 2—Functions of Health Secretary
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
14
Authorised by the Chief Parliamentary Counsel
(c) the form of patient medicinal cannabis
access authorisations.
(2) The Health Secretary must ensure that a form
approved under subsection (1) is published—
(a) in the Government Gazette; and
(b) on a website operated by or on behalf of the
Health Secretary.
12 Health Secretary may declare medicinal cannabis
testing facility
(1) The Health Secretary may declare a facility to be a
medicinal cannabis testing facility by notice
published in the Government Gazette.
(2) A declaration under subsection (1) must be
published on a website operated by or on behalf of
the Health Secretary.
(3) A declaration under subsection (1) may be made
in respect of a facility located within Victoria or in
another State or a Territory.
-- 20 of 114 --
Part 3—Independent Medical Advisory Committee
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
15
Authorised by the Chief Parliamentary Counsel
Part 3—Independent Medical Advisory
Committee
13 Minister may establish Committee
(1) The Minister, by order published in the
Government Gazette—
(a) may establish an Independent Medical
Advisory Committee; and
(b) may appoint members to the Committee.
(2) An order under subsection (1) may provide for—
(a) the terms and conditions of the appointment
of a member of the Committee; and
(b) matters relating to the procedure of the
Committee, including—
(i) resignation and removal of members;
and
(ii) vacancies; and
(iii) quorums; and
(iv) subcommittees; and
(c) the matters related to medicinal cannabis on
which the Committee is to advise the
Minister.
(3) Without limiting anything in subsection (2), an
order under subsection (1) may specify that the
Committee is to advise the Health Secretary and
the Minister on—
(a) which medicinal cannabis products should be
approved medicinal cannabis products; and
(b) the regulations made for the purposes of the
definition of eligible patient; and
(c) desirable amendments to this Act and the
regulations.
-- 21 of 114 --
Part 4—Manufacture of medicinal cannabis—Health Secretary and
Resources Secretary
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
16
Authorised by the Chief Parliamentary Counsel
Part 4—Manufacture of medicinal
cannabis—Health Secretary and Resources
Secretary
Division 1—Manufacturing authorisation—
Resources Secretary
14 Resources Secretary authorised to manufacture
intermediate cannabis product
For the purposes of this Act, the regulations, the
Drugs, Poisons and Controlled Substances
Act 1981 and the regulations under that Act, the
Resources Secretary is authorised—
(a) to obtain or purchase cannabis and cannabis
material from—
(i) a licensed cultivator; or
(ii) any other prescribed person or body;
and
(b) to use the cannabis or cannabis material
(or cannabis or cannabis material that the
Resources Secretary possesses by reason of
being a licensed cultivator) to manufacture
intermediate cannabis products for—
(i) the purposes of manufacture of
medicinal cannabis products under the
Health Secretary's manufacturing
authorisation or a manufacturing
licence; or
(ii) research purposes; or
(iii) both purposes referred to in
subparagraphs (i) and (ii); and
(c) to supply cannabis, cannabis material and
intermediate cannabis products to the Health
Secretary; and
-- 22 of 114 --
Part 4—Manufacture of medicinal cannabis—Health Secretary and
Resources Secretary
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
17
Authorised by the Chief Parliamentary Counsel
(d) to sell or supply cannabis, cannabis material
and intermediate cannabis products to a
licensed manufacturer; and
(e) to undertake research activities in relation to
the manufacture of intermediate cannabis
products; and
(f) to dispose of or destroy cannabis, cannabis
material and intermediate cannabis products
in a safe manner; and
(g) to possess, store, package and transport
cannabis, cannabis material and intermediate
cannabis products for the purpose of the
other activities set out in this section; and
(h) to undertake any other prescribed activity in
relation to the manufacture of intermediate
cannabis products for medicinal purposes.
15 Resources Secretary may enter into contract for
performance of prescribed activity under
manufacturing authorisation
In the case of an activity referred to in section 14
that is prescribed for the purposes of this section,
the Resources Secretary may enter into a contract
under which another person is to perform that
activity.
16 Authorisation of party to section 15 contract
A person who is a party to a contract with the
Resources Secretary referred to in section 15 is
authorised to perform the activity to which the
contract relates.
-- 23 of 114 --
Part 4—Manufacture of medicinal cannabis—Health Secretary and
Resources Secretary
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
18
Authorised by the Chief Parliamentary Counsel
Division 2—Manufacturing authorisation—
Health Secretary
17 Health Secretary authorised to manufacture
medicinal cannabis products
For the purposes of this Act, the regulations, the
Drugs, Poisons and Controlled Substances
Act 1981 and the regulations under that Act, the
Health Secretary is authorised—
(a) to obtain cannabis, cannabis material and
intermediate cannabis products from the
Resources Secretary; and
(b) to obtain or purchase cannabis and cannabis
material from—
(i) a licensed cultivator; or
(ii) any other prescribed person or body;
and
(c) to obtain or purchase intermediate cannabis
products from—
(i) a licensed manufacturer; or
(ii) any other prescribed person or body;
and
(d) to use the cannabis, cannabis material and
intermediate cannabis products to
manufacture medicinal cannabis products
for use in accordance with this Act; and
(e) to use the cannabis, cannabis material and
intermediate cannabis products to
manufacture medicinal cannabis products
for research purposes; and
(f) to undertake research activities in relation to
the manufacture of medicinal cannabis
products; and
-- 24 of 114 --
Part 4—Manufacture of medicinal cannabis—Health Secretary and
Resources Secretary
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
19
Authorised by the Chief Parliamentary Counsel
(g) to dispose of or destroy cannabis, cannabis
material and intermediate cannabis products
in a safe manner; and
(h) to possess and store cannabis, cannabis
material, intermediate cannabis products and
medicinal cannabis products for the purpose
of the other activities set out in this section;
and
(i) to undertake any other prescribed activity in
relation to the manufacture of medicinal
cannabis products.
18 Health Secretary may enter into contract for
performance of prescribed activity under
manufacturing authorisation
In the case of an activity referred to in section 17
that is prescribed for the purposes of this section,
the Health Secretary may enter into a contract
under which another person is to perform that
activity.
19 Authorisation of party to section 18 contract
A person who is a party to a contract with the
Health Secretary referred to in section 18 is
authorised to perform the activity to which the
contract relates.
-- 25 of 114 --
Part 5—Manufacturing licences
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
20
Authorised by the Chief Parliamentary Counsel
Part 5—Manufacturing licences
20 What a licensed manufacturer is authorised to do by
a manufacturing research licence
A manufacturing research licence authorises the
licensed manufacturer to do all or any of the
following as specified in the licence for research
purposes—
(a) to obtain or purchase intermediate cannabis
products from the Resources Secretary;
(b) to obtain or purchase cannabis (other than
cannabis seed) or cannabis material from—
(i) a licensed cultivator; or
(ii) any other prescribed person or body;
(c) to use the cannabis, cannabis material or
intermediate cannabis products (or cannabis
or cannabis material that the licensed
manufacturer possesses by reason of also
being a licensed cultivator) to manufacture
intermediate cannabis products and
medicinal cannabis products for use in
accordance with this Act;
(d) to undertake research activities in relation to
the manufacture of medicinal cannabis
products;
(e) to possess, package, store and transport
cannabis, cannabis material, intermediate
cannabis products and medicinal cannabis
products for the purposes of the other
activities set out in the licence.
21 What a licensed manufacturer is authorised to do by
a general manufacturing licence
A general manufacturing licence authorises the
licensed manufacturer to do all or any of the
following as specified in the licence—
-- 26 of 114 --
Part 5—Manufacturing licences
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
21
Authorised by the Chief Parliamentary Counsel
(a) to obtain or purchase intermediate cannabis
products from the Resources Secretary;
(b) to obtain or purchase cannabis (other than
cannabis seed) and cannabis material from—
(i) a licensed cultivator; or
(ii) any other prescribed person or body;
(c) to use the cannabis, cannabis material and
intermediate cannabis products (or cannabis
and cannabis material that the manufacturer
possesses by reason of also being a licensed
cultivator) to manufacture intermediate
cannabis products and medicinal cannabis
products;
(d) to sell or supply intermediate cannabis
products and medicinal cannabis products to
the Health Secretary;
(e) to possess, package, store and transport
cannabis, cannabis material, intermediate
cannabis products and medicinal cannabis
products for the purposes of the other
activities set out in the licence.
22 Manufacturing licence authorises activities only at
licensed premises
A manufacturing licence authorises the activities
specified in the licence—
(a) only at the licensed premises; or
(b) as otherwise required for the transportation
of cannabis, cannabis material, intermediate
cannabis products and medicinal cannabis
products as authorised by the licence.
-- 27 of 114 --
Part 5—Manufacturing licences
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
22
Authorised by the Chief Parliamentary Counsel
23 What a licensed manufacturer's employees are
authorised to do
(1) Subject to subsection (2), a manufacturing licence
authorises an employee of the licensed
manufacturer to do what the licence authorises the
licensed manufacturer to do.
(2) A manufacturing licence does not authorise a
licensed manufacturer's employee to conduct any
activities referred to in this section other than as
required in the course of the employee's
employment.
24 Application for manufacturing licence
(1) A person who holds a Commonwealth licence to
manufacture may apply to the Health Secretary for
a manufacturing licence.
(2) An application must—
(a) be in writing; and
(b) be accompanied by the prescribed fee
(if any); and
(c) specify the premises in relation to which the
licence is sought; and
(d) specify whether the application is for—
(i) a manufacturing research licence; or
(ii) a general manufacturing licence; and
(e) identify each of the applicant's associates;
and
(f) include a proposed plan for managing risks
related to the conduct of activities authorised
by a manufacturing licence; and
(g) identify the Commonwealth licence to
manufacture that the person holds; and
(h) include the prescribed information (if any).
-- 28 of 114 --
Part 5—Manufacturing licences
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
23
Authorised by the Chief Parliamentary Counsel
25 Health Secretary may require applicant to take
further steps
(1) The Health Secretary may require that an
applicant for a manufacturing licence—
(a) provide further information in relation to the
application; or
(b) facilitate an inspection by the Secretary of
the premises in relation to which the licence
is sought; or
(c) submit a recent police record check in
respect of the applicant or an associate of the
applicant.
(2) The Health Secretary may require that an
applicant for a manufacturing licence vary
the plan, included in the application under
section 24(2)(f), for managing risks related to
the conduct of activities authorised by a
manufacturing licence.
26 Health Secretary must give application to Chief
Commissioner of Police
(1) On receiving an application for a manufacturing
licence, the Health Secretary must give a copy of
the application to the Chief Commissioner of
Police.
(2) On receiving further information in accordance
with a requirement under section 25(1), the Health
Secretary must give a copy of the information to
the Chief Commissioner of Police.
(3) The Chief Commissioner of Police must—
(a) report to the Health Secretary on—
(i) any matters concerning the application
that the Health Secretary asks the Chief
Commissioner to inquire into; and
-- 29 of 114 --
Part 5—Manufacturing licences
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
24
Authorised by the Chief Parliamentary Counsel
(ii) any matters concerning the application
that the Chief Commissioner believes it
is appropriate or reasonably necessary
to inquire into; and
(b) decide whether to support or oppose the
application within 28 days of the later of—
(i) the day on which the Chief
Commissioner received the copy of the
application; or
(ii) the last day on which the Chief
Commissioner received further
information under subsection (2)
(if any); and
(c) on making that decision, give the Health
Secretary a written notice setting out that
decision and—
(i) if the decision is wholly or partly based
on protected information, a statement of
that fact; or
(ii) in any other case, the reasons for the
decision.
(4) If the Chief Commissioner of Police decides to
oppose the application, and that decision is wholly
or partly based on protected information, the
Chief Commissioner must create a written record
of the reasons for the decision.
(5) Neither the Health Secretary nor the applicant is
entitled to the written record created under
subsection (4).
(6) Section 8 of the Administrative Law Act 1978
does not apply to a decision to oppose an
application if that decision is wholly or partly
based on protected information.
-- 30 of 114 --
Part 5—Manufacturing licences
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
25
Authorised by the Chief Parliamentary Counsel
27 Health Secretary to determine application for
manufacturing licence
(1) The Health Secretary must determine an
application for a manufacturing licence before the
day that is 60 days after—
(a) the day that the Secretary receives the
application; or
(b) if the Secretary makes a requirement under
section 25(1), the last day that the Secretary
makes a requirement under that section.
(2) The Health Secretary, in accordance with
section 28, may—
(a) grant the application and issue (as the case
requires)—
(i) a manufacturing research licence; or
(ii) a general manufacturing licence; or
(b) refuse the application.
(3) As soon as practicable after granting or refusing
the application, the Health Secretary must notify
the applicant of the Secretary's decision.
(4) If the Health Secretary refuses the application, the
Secretary must include in the written notice under
subsection (3)—
(a) if the refusal is because the Chief
Commissioner of Police decided, wholly or
partly on the basis of protected information,
to oppose the application under
section 26(3)(b), a statement that—
(i) the Chief Commissioner has created a
written record of the reasons for the
decision that relate to the protected
information; and
-- 31 of 114 --
Part 5—Manufacturing licences
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
26
Authorised by the Chief Parliamentary Counsel
(ii) the reasons are not able to be disclosed
to the applicant; and
(iii) the applicant is entitled to seek review
of the Secretary's decision by VCAT;
and
(b) in any other case—
(i) the reasons for the refusal of the
application; and
(ii) a statement that the applicant is entitled
to seek review of the Secretary's
decision by VCAT.
28 Circumstances in which Health Secretary may issue
manufacturing licence
(1) The Health Secretary must not grant an
application for a manufacturing licence unless—
(a) the Chief Commissioner has decided to
support the application under
section 26(3)(b); and
(b) the Secretary is satisfied that—
(i) the applicant holds a Commonwealth
licence to manufacture in relation to the
premises specified in the application
under section 24(2)(c); and
(ii) neither the applicant nor any of the
applicant's associates has been found
guilty of a serious offence in Victoria
or elsewhere on or after the day that is
10 years before the application is made;
and
(iii) the applicant and each of the applicant's
associates is a fit and proper person to
be concerned in or associated with
activities conducted under a
manufacturing licence; and
-- 32 of 114 --
Part 5—Manufacturing licences
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
27
Authorised by the Chief Parliamentary Counsel
(iv) the premises in relation to which the
licence is sought are suitable, in
relation to location, facilities and
proposed security arrangements, for
activities conducted under a
manufacturing licence; and
(v) the prescribed criteria (if any) are
satisfied.
(2) For the purposes of subsection (1)(b)(iii), in
determining whether a person is a fit and proper
person to be concerned in or associated with the
manufacture of medicinal cannabis products, the
Health Secretary may consider—
(a) the suitability matters; and
(b) whether the person has been found guilty of
any offence on or after the day that is
10 years before the application is made; and
(c) any other matter the Secretary thinks is
relevant to the issue of a manufacturing
licence.
29 Form and duration of manufacturing licence
(1) The Health Secretary must specify the following
information in a manufacturing licence—
(a) a licence number that is unique to that
manufacturing licence;
(b) the premises on which the licensed
manufacturer may carry out the activities
authorised by the licence;
(c) whether the licence is—
(i) a manufacturing research licence; or
(ii) a general manufacturing licence;
(d) the conditions imposed on the licence under
section 30(1)(d);
-- 33 of 114 --
Part 5—Manufacturing licences
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
28
Authorised by the Chief Parliamentary Counsel
(e) the day on which the licence expires being
not more than 3 years after the day on which
it is issued;
(f) the prescribed information (if any).
(2) A manufacturing licence expires on the day
specified in the licence under subsection (1)(d)
unless it is cancelled or renewed before that day.
30 Conditions of manufacturing licence
(1) A manufacturing licence is subject to—
(a) the condition that the licensed manufacturer
must not employ a person to carry out an
activity under the licence unless the
manufacturer is satisfied that the person is
suitable to carry out that activity; and
(b) the condition that the licensed manufacturer
must comply with the plan proposed in the
application for the licence under
section 24(2)(f);
(c) the prescribed conditions (if any); and
(d) any other conditions that the Health
Secretary specifies in the licence.
(2) Without limiting subsection (1), a condition may
require that the licensed manufacturer must ensure
that the medicinal cannabis product meets
specified standards regarding quality.
31 Licensed manufacturer must issue employee
identification certificates
(1) A licensed manufacturer must issue an
identification certificate containing the
information set out in subsection (2) to each
employee who is employed to carry out activities
under the manufacturing licence.
Penalty: 60 penalty units.
-- 34 of 114 --
Part 5—Manufacturing licences
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
29
Authorised by the Chief Parliamentary Counsel
(2) An employee identification certificate must
contain the following information—
(a) the employee's name;
(b) a clear photograph of the employee;
(c) the employee's date of birth;
(d) the date on which the employee
identification certificate expires under
subsection (3);
(e) the licence number;
(f) the prescribed information (if any).
(3) An employee identification certificate expires on
the day that the manufacturing licence expires
under section 29(2).
(4) A person who is issued an employee identification
certificate must return the certificate to the
licensed manufacturer if the person ceases to be
employed by the licensed manufacturer.
32 Application for renewal of manufacturing licence
(1) A licensed manufacturer may apply to the Health
Secretary for the renewal of the manufacturing
licence.
(2) An application for renewal must not be made later
than the day that is 60 days before the day on
which the manufacturing licence is due to expire.
(3) An application for renewal must—
(a) be in writing; and
(b) be accompanied by the prescribed fee
(if any); and
(c) include the prescribed information (if any).
(4) A manufacturing licence may be renewed more
than once.
-- 35 of 114 --
Part 5—Manufacturing licences
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
30
Authorised by the Chief Parliamentary Counsel
33 Health Secretary may require applicant for renewal
to take further steps
The Health Secretary may require that the
applicant for renewal of a manufacturing
licence—
(a) provide further information in relation to the
application for renewal; or
(b) facilitate an inspection by the Secretary of
the licensed premises; or
(c) submit a recent police record check in
respect of the applicant or an associate of the
applicant.
34 Health Secretary must give application for renewal
to Chief Commissioner of Police
(1) On receiving an application for renewal, the
Health Secretary must give a copy of the
application to the Chief Commissioner of Police.
(2) On receiving further information in accordance
with a requirement under section 33, the Health
Secretary must give a copy of the information to
the Chief Commissioner of Police.
(3) The Chief Commissioner of Police must—
(a) report to the Health Secretary on—
(i) any matters concerning the application
that the Health Secretary asks the Chief
Commissioner to inquire into; and
(ii) any matters concerning the application
that the Chief Commissioner believes it
is appropriate or reasonably necessary
to inquire into; and
-- 36 of 114 --
Part 5—Manufacturing licences
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
31
Authorised by the Chief Parliamentary Counsel
(b) decide whether to support or oppose the
application within 28 days of the later of—
(i) the day on which the Chief
Commissioner received the copy of the
application; or
(ii) the last day on which the Chief
Commissioner received further
information under subsection (2)
(if any); and
(c) on making that decision, give the Health
Secretary a written notice setting out that
decision and—
(i) if the decision is wholly or partly based
on protected information, a statement of
that fact; or
(ii) in any other case, the reasons for the
decision.
(4) If the Chief Commissioner of Police decides to
oppose the application, and that decision is wholly
or partly based on protected information, the
Chief Commissioner must create a written record
of the reasons for the decision.
(5) Neither the Health Secretary nor the applicant is
entitled to the written record created under
subsection (4).
(6) Section 8 of the Administrative Law Act 1978
does not apply to a decision to oppose an
application if that decision is wholly or partly
based on protected information.
35 Health Secretary to determine application for
renewal of manufacturing licence
(1) The Health Secretary must determine an
application for renewal of a manufacturing licence
before the day that is 60 days after—
-- 37 of 114 --
Part 5—Manufacturing licences
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
32
Authorised by the Chief Parliamentary Counsel
(a) the day that the Secretary receives the
application; or
(b) if the Secretary makes a requirement under
section 33, the last day that the Secretary
makes a requirement under that section.
(2) The Health Secretary, in accordance with
section 36, may—
(a) grant the application and renew the
manufacturing licence; or
(b) refuse the application.
(3) As soon as practicable after granting or refusing
the application for renewal, the Health Secretary
must notify the applicant of the Secretary's
decision.
(4) If the Health Secretary refuses the application for
renewal, the Secretary must include in the written
notice under subsection (3)—
(a) if the refusal is because the Chief
Commissioner of Police decided, wholly or
partly on the basis of protected information,
to oppose the application under
section 34(3)(b), a statement that—
(i) the Chief Commissioner has created a
written record of the reasons for the
decision that relate to the protected
information; and
(ii) the reasons are not able to be disclosed
to the applicant; and
(iii) the applicant is entitled to seek review
of the Secretary's decision by VCAT;
and
(b) in any other case—
(i) the reasons for the refusal of the
application; and
-- 38 of 114 --
Part 5—Manufacturing licences
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
33
Authorised by the Chief Parliamentary Counsel
(ii) a statement that the applicant is entitled
to seek review of the Secretary's
decision by VCAT.
36 Circumstances in which Health Secretary may
renew manufacturing licence
(1) The Health Secretary must not grant an
application for renewal of a manufacturing licence
unless—
(a) the Chief Commissioner has decided to
support the application under
section 34(3)(b); and
(b) the Secretary is satisfied that—
(i) neither the applicant nor any of the
applicant's associates has been found
guilty of a serious offence in Victoria
or elsewhere on or after the day that is
3 years before the application is made;
and
(ii) the applicant and each of the applicant's
associates is a fit and proper person to
be concerned in or associated with
activities conducted under the
manufacturing licence; and
(iii) the licensed premises are suitable, in
relation to location, facilities and
security arrangements, for activities
conducted under the manufacturing
licence.
(2) For the purposes of subsection (1)(b)(ii), in
determining whether a person is a fit and proper
person to be concerned in or associated with
activities conducted under the manufacturing
licence, the Health Secretary may consider—
(a) the suitability matters; and
-- 39 of 114 --
Part 5—Manufacturing licences
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
34
Authorised by the Chief Parliamentary Counsel
(b) whether the person has been found guilty of
any offence on or after the day that is 3 years
before the application is made; and
(c) any other matter the Secretary thinks is
relevant.
37 Amendment of manufacturing licence
(1) The Health Secretary may impose a new condition
on a manufacturing licence.
(2) The Health Secretary may—
(a) amend or remove a condition the Secretary
has imposed on a manufacturing licence
under subsection (1) or section 30(1)(d); or
(b) amend the condition imposed on a
manufacturing licence under section 30(1)(b)
(including by amending the plan referred to
in that provision).
(3) The Health Secretary may exercise a power under
subsection (1) or (2)—
(a) on the application of the licensed
manufacturer; or
(b) in the Secretary's discretion.
(4) An application under subsection (3)(a) must—
(a) be in writing; and
(b) be accompanied by the prescribed fee
(if any); and
(c) include the prescribed information.
(5) The Secretary must determine an application
under subsection (3)(a) within 28 days of
receiving the application.
(6) If the Health Secretary refuses an application
under subsection (3)(a), the Secretary must give
the applicant reasons for the refusal.
-- 40 of 114 --
Part 5—Manufacturing licences
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
35
Authorised by the Chief Parliamentary Counsel
(7) Within 7 days of exercising a power under
subsection (1) or (2), the Health Secretary must
give the licensed manufacturer a written notice
specifying the amendment made.
38 Suspension and cancellation of manufacturing
licence
(1) The Health Secretary, by written notice to a
licensed manufacturer, may suspend or cancel the
manufacturing licence if—
(a) the licensed manufacturer requests the
suspension or cancellation; or
(b) the Secretary is satisfied that—
(i) the licensed manufacturer has
contravened a condition of the licence;
or
(ii) the licensed manufacturer has
contravened this Act or the regulations
or the Drugs, Poisons and Controlled
Substances Act 1981 or the regulations
under that Act; or
(iii) the licensed manufacturer or an
associate of the licensed manufacturer
is no longer a fit and proper person to
be concerned in or associated with
activities conducted under the
manufacturing licence; or
(iv) the licensed premises are no longer
suitable for activities conducted under
the manufacturing licence; or
(v) the licensed manufacturer obtained the
manufacturing licence by fraud,
misrepresentation or concealment of
facts; or
-- 41 of 114 --
Part 5—Manufacturing licences
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
36
Authorised by the Chief Parliamentary Counsel
(c) the licensed manufacturer ceases to carry on
the activity to which the manufacturing
licence relates; or
(d) the Chief Commissioner requests the
suspension or cancellation on the basis of
protected information concerning the
licensed manufacturer.
(2) Within 7 days of suspending or cancelling a
manufacturing licence, the Health Secretary must
notify the Chief Commissioner of Police of the
suspension or cancellation.
(3) A manufacturing licence has no effect while it is
suspended.
(4) A manufacturing licence ceases to have effect
when it is cancelled.
-- 42 of 114 --
Part 6—Health Secretary's functions regarding obtaining, purchasing,
registering, selling and supplying medicinal cannabis products
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
37
Authorised by the Chief Parliamentary Counsel
Part 6—Health Secretary's functions
regarding obtaining, purchasing, registering,
selling and supplying medicinal cannabis
products
39 Health Secretary may obtain or purchase medicinal
cannabis product from licensed manufacturer
The Health Secretary is authorised—
(a) to obtain or purchase any medicinal cannabis
product from—
(i) a person who holds a general
manufacturing licence; or
(ii) any other prescribed person or body;
and
(b) to transport any medicinal cannabis product
for the purpose of paragraph (a); and
(c) to possess and store any medicinal cannabis
product obtained or purchased in accordance
with paragraph (a).
40 Health Secretary may approve medicinal cannabis
products for sale to and by pharmacists
(1) The Health Secretary may approve a medicinal
cannabis product if satisfied that the product is of
sufficient standard and quality to be suitable for
use by patients in accordance with this Act.
(2) The Health Secretary must not approve under
subsection (1) a medicinal cannabis product that is
designed to be administered by smoking.
(3) For the purposes of subsection (2), smoking does
not include vaporising.
-- 43 of 114 --
Part 6—Health Secretary's functions regarding obtaining, purchasing,
registering, selling and supplying medicinal cannabis products
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
38
Authorised by the Chief Parliamentary Counsel
41 Approved medicinal cannabis product register
(1) The Health Secretary must keep a publicly
accessible register that contains an entry for each
approved medicinal cannabis product.
(2) The Health Secretary must ensure that an entry for
an approved medicinal cannabis product includes
sufficient information to identify the product.
(3) The approved medicinal cannabis product register
must contain any other prescribed information in
respect of an approved medicinal cannabis
product.
(4) The Health Secretary must ensure that a copy of
the approved medicinal cannabis product register
is published on a website operated by or on behalf
of the Health Secretary.
42 Health Secretary may sell or supply approved
medicinal cannabis product to pharmacist
(1) The Health Secretary is authorised—
(a) to sell or supply to a pharmacist any
approved medicinal cannabis product that the
Health Secretary—
(i) obtained or purchased in accordance
with section 39(a); or
(ii) manufactured in accordance with a
manufacturing authorisation; and
(b) to package and transport any approved
medicinal cannabis product for the purpose
of that sale or supply.
(2) A pharmacist is authorised—
(a) to obtain or purchase any approved
medicinal cannabis product from the Health
Secretary; and
-- 44 of 114 --
Part 6—Health Secretary's functions regarding obtaining, purchasing,
registering, selling and supplying medicinal cannabis products
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
39
Authorised by the Chief Parliamentary Counsel
(b) to possess and store any approved medicinal
cannabis product obtained or purchased from
the Health Secretary; and
(c) to sell or supply any approved medicinal
cannabis product to a person who has a
patient medicinal cannabis authorisation for
that product; and
(d) to package and transport any approved
medicinal cannabis product for the purpose
of paragraph (a) or (c).
43 Health Secretary may set maximum price at which
pharmacist may sell approved medicinal cannabis
product
(1) The Health Secretary, by notice published in the
Government Gazette, may set the maximum price
at which a pharmacist may sell an approved
medicinal cannabis product.
(2) A pharmacist must not sell an approved medicinal
cannabis product at a price which exceeds the
maximum price set under subsection (1).
44 Health Secretary may give directions to pharmacist
(1) The Health Secretary may give a written direction
to a pharmacist to whom the Health Secretary has
sold or supplied an approved medicinal cannabis
product in relation to the manner of the sale or
supply of the approved medicinal cannabis
product by the pharmacist.
(2) A pharmacist must comply with a direction under
subsection (1).
-- 45 of 114 --
Part 6—Health Secretary's functions regarding obtaining, purchasing,
registering, selling and supplying medicinal cannabis products
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
40
Authorised by the Chief Parliamentary Counsel
45 Health Secretary may sell or supply medicinal
cannabis product to authorised research
practitioner
(1) The Health Secretary is authorised—
(a) to sell or supply to an authorised research
practitioner any specified medicinal cannabis
product that the Health Secretary—
(i) obtained or purchased in accordance
with section 39(a); or
(ii) manufactured in accordance with a
manufacturing authorisation; and
(b) to package and transport the medicinal
cannabis product for the purposes of
paragraph (a).
(2) In this section—
authorised research practitioner means a
registered medical practitioner who is
specified in a practitioner medicinal cannabis
authorisation—research purposes as
authorised to issue a patient medicinal
cannabis access authorisation to a participant
in research or a trial;
specified medicinal cannabis product means a
medicinal cannabis product that is specified,
or that belongs to a class that is specified, in
a practitioner medicinal cannabis
authorisation—research purposes.
Note
Section 47 authorises the authorised research practitioner to obtain
and purchase the medicinal cannabis product and supply it to the
participant.
-- 46 of 114 --
Part 7—Practitioner medicinal cannabis authorisations
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
41
Authorised by the Chief Parliamentary Counsel
Part 7—Practitioner medicinal cannabis
authorisations
46 What is authorised by practitioner medicinal
cannabis authorisation—eligible patient or
exceptional circumstances
A practitioner medicinal cannabis authorisation—
eligible patient or a practitioner medicinal
cannabis authorisation—exceptional
circumstances authorises each registered
medical practitioner specified in it—
(a) to issue a patient medicinal cannabis
authorisation to the patient specified in the
patient medicinal cannabis authorisation for
the approved medicinal cannabis product
specified in the authorisation; and
(b) to supply the specified approved medicinal
product to that patient by the issue of the
patient medicinal cannabis authorisation.
47 What is authorised by practitioner medicinal
cannabis authorisation—research purposes
A practitioner medicinal cannabis authorisation—
research purposes authorises each registered
medical practitioner specified in it—
(a) to issue a patient medicinal cannabis
authorisation to a participant specified in the
patient medicinal cannabis authorisation for
the medicinal cannabis product specified in
the authorisation; and
(b) to obtain or purchase the medicinal cannabis
product specified in the authorisation from
the Health Secretary; and
(c) to possess and store that medicinal cannabis
product; and
-- 47 of 114 --
Part 7—Practitioner medicinal cannabis authorisations
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
42
Authorised by the Chief Parliamentary Counsel
(d) to supply that medicinal cannabis product to
a person who holds a patient medicinal
cannabis access authorisation for that
product; and
(e) to package and transport a medicinal
cannabis product for the purposes of
paragraphs (b) and (d).
48 Specialist medical practitioner may apply for
practitioner medicinal cannabis authorisation—
eligible patient
(1) Subject to subsection (3), a specialist medical
practitioner may apply to the Health Secretary for
a practitioner medicinal cannabis authorisation—
eligible patient in respect of a patient.
(2) An application for a practitioner medicinal
cannabis authorisation—eligible patient must—
(a) be in the form approved by the Health
Secretary; and
(b) identify the patient in respect of whom the
practitioner medicinal cannabis authorisation
is sought; and
(c) specify the medical condition in relation to
which the practitioner medicinal cannabis
authorisation is sought; and
(d) specify the approved medicinal cannabis
product or class of product the applicant
seeks to use to treat the patient; and
(e) include a statement that the applicant is
satisfied as to the matters set out in
subsection (3); and
(f) identify each registered medical practitioner
(other than the applicant) whom the
applicant requests be authorised to issue a
patient medicinal cannabis access
authorisation to the eligible patient; and
-- 48 of 114 --
Part 7—Practitioner medicinal cannabis authorisations
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
43
Authorised by the Chief Parliamentary Counsel
(g) specify the recognised speciality (within the
meaning of the Health Practitioner
Regulation National Law (Victoria)) that is
prescribed in respect of the medical
condition for which the practitioner
medicinal cannabis authorisation—eligible
patient is sought.
(3) A specialist medical practitioner must not apply
for a practitioner medicinal cannabis
authorisation—eligible patient unless the
practitioner is satisfied that—
(a) the patient is an eligible patient; and
(b) it is appropriate in all the circumstances that
the patient should be treated with an
approved medicinal cannabis product; and
(c) the prescribed additional criteria (if any) are
met.
49 Specialist medical practitioner may apply for
practitioner medicinal cannabis authorisation—
research purposes
(1) Subject to subsection (3), a specialist medical
practitioner may apply to the Health Secretary for
a practitioner medicinal cannabis authorisation—
research purposes in respect of a person or class of
persons who are to participate in research or a
trial.
(2) An application for a practitioner medicinal
cannabis authorisation—research purposes must—
(a) be in the form approved by the Health
Secretary; and
(b) specify the prescribed details for each
participant in the research or trial in respect
of which the practitioner medicinal cannabis
authorisation—research purposes is sought;
and
-- 49 of 114 --
Part 7—Practitioner medicinal cannabis authorisations
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
44
Authorised by the Chief Parliamentary Counsel
(c) specify the medical condition or symptoms
in relation to which the practitioner
medicinal cannabis authorisation—research
purposes is sought; and
(d) specify the medicinal cannabis product or
class of product the applicant seeks to use
during the research or trial; and
(e) include a statement that the applicant is
satisfied as to the matters set out in
subsection (3); and
(f) specify the prescribed details regarding the
research or trial; and
(g) identify each registered medical practitioner
(other than the applicant) whom the
applicant requests be authorised to issue a
patient medicinal cannabis access
authorisation to a participant.
(3) A specialist medical practitioner must not apply
for a practitioner medicinal cannabis
authorisation—research purposes unless the
practitioner is satisfied that—
(a) it is appropriate in all the circumstances that
a participant should be treated with a
medicinal cannabis product for research
purposes; and
(b) the prescribed additional criteria (if any) are
met.
50 Registered medical practitioner may apply for
practitioner medicinal cannabis authorisation—
exceptional circumstances
(1) Subject to subsection (3), a registered medical
practitioner may apply to the Health Secretary for
a practitioner medicinal cannabis authorisation—
exceptional circumstances in respect of a patient
who is not an eligible patient.
-- 50 of 114 --
Part 7—Practitioner medicinal cannabis authorisations
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
45
Authorised by the Chief Parliamentary Counsel
(2) An application for a practitioner medicinal
cannabis authorisation—exceptional
circumstances must—
(a) be in the form approved by the Health
Secretary; and
(b) identify the patient in respect of whom the
practitioner medicinal cannabis authorisation
is sought; and
(c) set out the exceptional circumstances that
justify the patient being treated with an
approved medicinal cannabis product; and
(d) specify the medical condition in relation to
which the practitioner medicinal cannabis
authorisation is sought; and
(e) specify the approved medicinal cannabis
product or class of product the applicant
seeks to use to treat the patient; and
(f) include a statement that the applicant is
satisfied as to the matters set out in
subsection (3); and
(g) identify each registered medical practitioner
(other than the applicant) whom the
applicant requests be authorised to issue a
patient medicinal cannabis access
authorisation to the patient.
(3) A registered medical practitioner must not apply
for a practitioner medicinal cannabis
authorisation—exceptional circumstances patient
unless the practitioner is satisfied that—
(a) the patient is not an eligible patient but
exceptional circumstances exist to justify the
patient being treated with an approved
medicinal cannabis product; and
(b) the prescribed additional criteria (if any) are
met.
-- 51 of 114 --
Part 7—Practitioner medicinal cannabis authorisations
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
46
Authorised by the Chief Parliamentary Counsel
51 Health Secretary to determine application for
practitioner medicinal cannabis authorisation
(1) The Health Secretary must determine an
application for a practitioner medicinal cannabis
authorisation made under section 48, 49 or 50
within the prescribed time period of receiving it.
(2) The Health Secretary—
(a) may grant the application and issue a
practitioner medicinal cannabis authorisation
if the Secretary is satisfied that—
(i) it is appropriate in all the circumstances
to issue the authorisation, having regard
to the type of authorisation for which
the application was made; and
(ii) the patient or each participant in respect
of whom the application was made
ordinarily resides in Victoria; and
(iii) the prescribed criteria (if any) are met;
or
(b) must refuse the application if not so satisfied.
(3) In issuing a practitioner medicinal cannabis
authorisation, the Health Secretary may determine
the registered medical practitioners (other than the
applicant) who are to be authorised under the
practitioner medicinal cannabis authorisation to
issue a patient medicinal cannabis access
authorisation to the patient or each participant
specified in the practitioner medicinal cannabis
authorisation.
-- 52 of 114 --
Part 7—Practitioner medicinal cannabis authorisations
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
47
Authorised by the Chief Parliamentary Counsel
(4) As soon as practicable after granting or refusing
the application, the Health Secretary must notify
the applicant of the Secretary's decision.
(5) If the Health Secretary refuses the application, the
Secretary must provide reasons for the refusal
when notifying the applicant in accordance with
subsection (4).
52 Form of practitioner medicinal cannabis
authorisation
(1) The Health Secretary must specify the following
matters in a practitioner medicinal cannabis
authorisation—
(a) in the case of a practitioner medicinal
cannabis authorisation—eligible patient or a
practitioner medicinal cannabis
authorisation—exceptional circumstances,
the patient in respect of whom the
authorisation is issued;
(b) in the case of a practitioner medicinal
cannabis authorisation—research purposes,
each participant in the research or trial in
respect of whom the authorisation is issued;
(c) in the case of a practitioner medicinal
cannabis authorisation—eligible patient or a
practitioner medicinal cannabis
authorisation—research purposes, the
specialist medical practitioner to whom the
authorisation is issued;
(d) in the case of a practitioner medicinal
cannabis authorisation—exceptional
circumstances, the registered medical
practitioner to whom the authorisation is
issued;
-- 53 of 114 --
Part 7—Practitioner medicinal cannabis authorisations
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
48
Authorised by the Chief Parliamentary Counsel
(e) the other registered medical practitioners
authorised under the practitioner medicinal
cannabis authorisation to issue a patient
medicinal cannabis access authorisation to
the patient or participant;
(f) the medicinal cannabis product or class of
product in respect of which the practitioner
medicinal cannabis authorisation is issued;
(g) the date on which the practitioner medicinal
cannabis authorisation expires, which must
not be more than 1 year after the date on
which the authorisation is issued;
(h) the prescribed matters (if any).
(2) A practitioner medicinal cannabis authorisation
expires on the date specified in the authorisation
unless it is cancelled before that date.
53 Health Secretary must keep practitioner medicinal
cannabis authorisations register
(1) The Health Secretary must keep a register that
contains an entry for—
(a) each practitioner medicinal cannabis
authorisation issued; and
(b) each registered medical practitioner who is
specified in a practitioner medicinal cannabis
authorisation as authorised to issue a patient
medicinal cannabis access authorisation.
(2) The Health Secretary must ensure that each entry
includes the prescribed information.
54 Health Secretary may amend practitioner medicinal
cannabis authorisation
(1) The Health Secretary may amend a practitioner
medicinal cannabis authorisation if satisfied that it
is appropriate to do so in all the circumstances.
-- 54 of 114 --
Part 7—Practitioner medicinal cannabis authorisations
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
49
Authorised by the Chief Parliamentary Counsel
(2) The Health Secretary may exercise a power under
subsection (1)—
(a) on the application of the holder of the
practitioner medicinal cannabis
authorisation; or
(b) in the Secretary's discretion.
(3) The Secretary must determine an application
made under subsection (2)(a) as soon as
practicable after receiving the application.
(4) The Secretary must notify the holder of the
practitioner medicinal cannabis authorisation, in
writing as soon as practicable, if an amendment is
made under subsection (1).
55 Health Secretary may suspend or cancel
practitioner medicinal cannabis authorisation
(1) The Health Secretary may suspend or cancel a
practitioner medicinal cannabis authorisation at
any time if satisfied that it is appropriate to do so
in all the circumstances.
(2) As soon as practicable after suspending or
cancelling a practitioner medicinal cannabis
authorisation, the Health Secretary must notify
each registered medical practitioner who is
specified in the authorisation as authorised to
issue a patient medicinal cannabis access
authorisation.
(3) A practitioner medicinal cannabis authorisation
has no effect while it is suspended.
(4) A practitioner medicinal cannabis authorisation
ceases to have effect when it is cancelled.
-- 55 of 114 --
Part 8—Patient medicinal cannabis access authorisations
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
50
Authorised by the Chief Parliamentary Counsel
Part 8—Patient medicinal cannabis access
authorisations
56 What a patient medicinal cannabis access
authorisation authorises
A patient medicinal cannabis access authorisation
authorises the patient or participant specified in
the authorisation—
(a) to obtain the medicinal cannabis product
specified in the authorisation; and
(b) to possess and store the specified medicinal
cannabis product; and
(c) to use the specified medicinal cannabis
product.
57 Registered medical practitioner may issue patient
medicinal cannabis access authorisation
(1) A registered medical practitioner specified in a
practitioner medicinal cannabis authorisation may
issue a patient medicinal cannabis access
authorisation to the patient or participant specified
in that practitioner medicinal cannabis
authorisation.
(2) The registered medical practitioner must specify
the following matters in a patient medicinal
cannabis access authorisation—
(a) the identity of the patient or participant to
whom the authorisation is issued; and
(b) the medicinal cannabis product for that
patient or participant; and
(c) the prescribed information (if any).
Note
Sections 77 and 78 of the Drugs, Poisons and Controlled
Substances Act 1981 provide offences that relate to patient
medicinal cannabis access authorisations.
-- 56 of 114 --
Part 8—Patient medicinal cannabis access authorisations
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
51
Authorised by the Chief Parliamentary Counsel
58 Pharmacist may sell or supply on patient medicinal
cannabis access authorisation
A pharmacist is authorised—
(a) to sell or supply an approved medicinal
cannabis product specified in a patient
medicinal cannabis access authorisation to
the patient specified in the authorisation, or a
person acting on the patient's behalf, in
accordance with the authorisation; and
(b) to package and transport the specified
approved medicinal cannabis product for the
purposes of paragraph (a).
Note
See also section 13(1) of the Drugs, Poisons and Controlled
Substances Act 1981.
59 Registered medical practitioner may supply for
research purposes on patient medicinal cannabis
access authorisation
A registered medical practitioner specified in a
practitioner medicinal cannabis authorisation—
research purposes under which a patient medicinal
cannabis access authorisation is issued is
authorised—
(a) to supply a medicinal cannabis product
specified in the patient medicinal cannabis
access authorisation to the participant
specified in the authorisation in accordance
with the authorisation; and
(b) to package and transport the specified
medicinal cannabis product for the purposes
of paragraph (a).
-- 57 of 114 --
Part 8—Patient medicinal cannabis access authorisations
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
52
Authorised by the Chief Parliamentary Counsel
60 Other authority to possess, use and administer
(1) The following persons are authorised to
administer a medicinal cannabis product supplied
under a patient medicinal cannabis access
authorisation to the patient or participant specified
in that authorisation—
(a) each registered medical practitioner specified
in the practitioner medicinal cannabis
authorisation under which the patient
medicinal cannabis access authorisation was
issued;
(b) the treating registered medical practitioner of
the patient or participant, if not a registered
medical practitioner referred to in
paragraph (a);
(c) the following persons in accordance with the
written instructions of a registered medical
practitioner referred to in paragraph (a)
or (b)—
(i) a person who has responsibility for the
immediate care and safety of the patient
or participant;
(ii) the carer, parent or guardian of the
patient or participant;
(d) a person belonging to a prescribed class of
persons.
(2) A person referred to in subsection (1) is
authorised to possess and use the medicinal
cannabis product for the purposes of that
subsection.
-- 58 of 114 --
Part 9—Review of decisions relating to licences
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
53
Authorised by the Chief Parliamentary Counsel
Part 9—Review of decisions relating to
licences
Division 1—Decisions that may be reviewed
61 Review by VCAT
(1) A person may apply to VCAT for review of a
decision of the Health Secretary—
(a) to refuse to issue a manufacturing licence to
the person; or
(b) to refuse to renew a manufacturing licence
held by the person; or
(c) to suspend a manufacturing licence held by
the person; or
(d) to cancel a manufacturing licence held by the
person.
(2) An application for review under subsection (1)
must be made within 28 days after the later of—
(a) the day on which the decision is made; or
(b) if, under the Victorian Civil and
Administrative Tribunal Act 1998, the
person requests a statement of reasons for the
decision, the day on which the statement of
reasons is given to the person or the person is
informed under section 46(5) of that Act that
a statement of reasons will not be given.
Division 2—Protected information
62 VCAT to inquire on grounds for refusal
(1) This section applies if VCAT receives an
application for review of—
(a) a decision to refuse an application for the
issue or renewal of a manufacturing licence;
or
-- 59 of 114 --
Part 9—Review of decisions relating to licences
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
54
Authorised by the Chief Parliamentary Counsel
(b) a decision to suspend or cancel a
manufacturing licence.
(2) VCAT must request the Health Secretary to
inform VCAT whether the decision was made
because the Chief Commissioner of Police
opposed the application wholly or partly on the
basis of protected information.
(3) On receiving a request under subsection (2), the
Health Secretary must provide the requested
information to VCAT in a written notice.
63 Appointment of special counsel
(1) VCAT must appoint a special counsel to represent
the interests of the applicant if the Health
Secretary gives VCAT a written notice stating that
a decision was based on protected information.
(2) A special counsel must be a barrister within the
meaning of the Legal Profession Uniform Law
(Victoria) who, in the opinion of VCAT, has the
appropriate skills and ability to represent the
interests of the party at the hearing.
(3) At any time before the special counsel attends the
hearing or obtains any confidential affidavit in
relation to the application for the purpose of
obtaining information or instructions from the
party or representative in relation to the
proceeding, the special counsel may communicate
with—
(a) the party whose interests the special counsel
is representing; or
(b) any representative of that party.
(4) Subject to section 65(3), at any time after the
special counsel commences to attend the hearing
or obtains any confidential affidavit in relation to
the application, the special counsel—
-- 60 of 114 --
Part 9—Review of decisions relating to licences
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
55
Authorised by the Chief Parliamentary Counsel
(a) must not take instructions from the party
whose interests the special counsel is
representing, or from any representative of
that party; and
(b) must not communicate any other information
in relation to the hearing to that party or a
representative of that party without leave of
VCAT except to communicate any order
made by VCAT at or in relation to the
hearing.
(5) A special counsel may be required to sign a
confidentiality undertaking to VCAT.
64 Procedure for hearing—protected information
(1) If, in response to a request under section 62(2), the
Health Secretary informs VCAT in writing that
the decision was based on protected information,
VCAT must, at the hearing of the application, first
determine whether or not the information is
protected information.
(2) For the purposes of making a determination under
subsection (1), VCAT may hold a hearing or any
part of it in private.
(3) If VCAT determines to hold a hearing or part of a
hearing in private under subsection (2)—
(a) only the Chief Commissioner of Police and
the special counsel are entitled to be present;
and
(b) each party that is entitled to be present has a
right to make submissions as to—
(i) whether evidence supporting the
grounds for the decision under review
amounts to protected information; and
(ii) the weight that should be given to that
evidence; and
-- 61 of 114 --
Part 9—Review of decisions relating to licences
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
56
Authorised by the Chief Parliamentary Counsel
(iii) the character of the applicant and the
applicant's associates, being evidence
indicating whether each of those
persons is a fit and proper person to be
concerned in or associated with
activities conducted under a
manufacturing licence; and
(iv) whether, in all the circumstances, the
manufacturing licence should be issued,
renewed, suspended or cancelled (as the
case requires).
(4) After hearing the evidence of the Chief
Commissioner of Police and the special counsel
under subsection (3), VCAT must decide whether
or not any of the evidence adduced amounts to
protected information.
(5) If VCAT decides that none of the evidence
adduced under subsection (3) amounts to
protected information, VCAT must admit the
applicant to the proceeding and subsection (3)
ceases to apply to the hearing.
65 Decision of VCAT where protected information
exists
(1) Without limiting any other power of VCAT
conferred by or under this Part or any other Act, if
VCAT decides that any of the evidence adduced
under section 64(3) is protected information, that
subsection continues to apply to the hearing of the
proceeding to the extent that it relates to that
protected information.
(2) In making a determination in a proceeding to
which subsection (1) applies, VCAT must
decide—
(a) what weight to give the protected
information and any other evidence adduced;
and
-- 62 of 114 --
Part 9—Review of decisions relating to licences
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
57
Authorised by the Chief Parliamentary Counsel
(b) whether, in all the circumstances, the
manufacturing licence should be issued,
renewed, suspended or cancelled (as the case
requires).
(3) If VCAT decides that any of the evidence adduced
under section 64(3) is protected information—
(a) VCAT must take all steps and precautions to
prevent release of that information; and
(b) if the special counsel wishes to seek further
instructions from the applicant on one or
more occasions in relation to that protected
information, the special counsel may do so
only by submitting written questions for the
approval of VCAT after hearing any
submissions from the Chief Commissioner
of Police on their content.
(4) Despite section 117 of the Victorian Civil and
Administrative Tribunal Act 1998, any order
issued by VCAT in relation to a decision under
this section must only state—
(a) whether the decision of the Health Secretary
is upheld or overturned; and
(b) if the manufacturing licence is not issued or
renewed, or if the licence is suspended or
cancelled, that the applicant and each of the
applicant's associates has failed to meet the
fit and proper person requirements.
(5) For the avoidance of doubt, VCAT may publish
reasons for its decision to the extent that those
reasons do not relate to protected information.
66 General provisions for hearing matters involving
protected information
(1) For the purposes of a hearing to which section 64
or 65 applies, VCAT must be constituted by a
presidential member.
-- 63 of 114 --
Part 9—Review of decisions relating to licences
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
58
Authorised by the Chief Parliamentary Counsel
(2) At any time before a final determination has been
made by VCAT on a matter to which section 64
applies—
(a) the Health Secretary may change the
decision under review and issue or renew or
reinstate the manufacturing licence; and
(b) if the decision is changed as referred to in
paragraph (a), the proceeding terminates
immediately.
(3) The following provisions do not apply to a
proceeding for as long as section 64 or 65
applies—
(a) Subdivision 1 of Division 3 of Part 3 and
section 49 of the Victorian Civil and
Administrative Tribunal Act 1998;
(b) section 8 of the Administrative Law
Act 1978.
(4) Subsection (3) does not apply to the extent that the
proceeding does not involve protected
information.
-- 64 of 114 --
Part 10—Offences
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
59
Authorised by the Chief Parliamentary Counsel
Part 10—Offences
67 Licensed manufacturer must report amendment or
cancellation of Commonwealth licence
A licensed manufacturer must inform the Health
Secretary within 10 days if the Commonwealth
licence to manufacture held by the licensed
manufacturer is amended or cancelled.
Penalty: 100 penalty units.
68 Licensed manufacturer must report certain events
(1) A licensed manufacturer must report an event
specified in subsection (2) to the Health Secretary
within 7 days.
Penalty: 100 penalty units.
(2) For the purposes of subsection (1), the following
events are specified—
(a) a change in the details specified in the
licence;
(b) the signing of a personal insolvency
agreement or any declaration of bankruptcy
that applies to the licensed manufacturer;
(c) an event that means that any information
included in the application for the licence is
no longer accurate;
(d) if the licensed manufacturer is not an
individual, the manufacturer entering into
voluntary administration, liquidation or
receivership;
(e) any of the following events that happens
after the licensed manufacturer made the
application for the licence—
(i) a person becoming an associate of the
licensee;
-- 65 of 114 --
Part 10—Offences
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
60
Authorised by the Chief Parliamentary Counsel
(ii) the licensee being found guilty of an
offence in Victoria or another
jurisdiction, including a jurisdiction
outside Australia;
(iii) an associate of the licensee being found
guilty of a serious offence in Victoria
or another jurisdiction, including a
jurisdiction outside Australia.
69 Licensed manufacturer must report prescribed
events
A licensed manufacturer must report a prescribed
event to the Health Secretary within 7 days.
Penalty: 100 penalty units.
70 Licensed manufacturer must surrender suspended
or cancelled licence
Within 14 days of the suspension or cancellation
of a manufacturing licence, the holder of the
licence must surrender to the Health Secretary—
(a) the manufacturing licence; and
(b) each notice given in relation to the licence
under section 37(7).
Penalty: 20 penalty units.
71 Licensed manufacturer must not contravene licence
(1) A licensed manufacturer must not contravene a
condition of the license that is prescribed to be a
minor condition.
Penalty: 20 penalty units.
(2) A licensed manufacturer must not contravene a
condition of the licence that is not referred to in
subsection (1).
Penalty: 100 penalty units or 12 months
imprisonment or both.
-- 66 of 114 --
Part 10—Offences
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
61
Authorised by the Chief Parliamentary Counsel
72 Licensed manufacturer must prohibit access to
licensed premises
A licensed manufacturer must not, without
reasonable excuse, permit a person to enter
licensed premises unless the person is—
(a) an employee of the licensee who is
employed—
(i) to undertake an activity authorised by
the licence; or
(ii) to carry out an activity in the business
conducted by the licensee; or
(b) a manufacturing inspector; or
(c) accompanied at all times by a person referred
to in paragraph (a) or (b).
Penalty: 100 penalty units.
73 Employee must carry employee identification
certificate
(1) A person who is employed by a licensed
manufacturer and who has been issued an
employee identification certificate must carry the
certificate during the performance of any activity
authorised by the licence.
Penalty: 60 penalty units.
(2) A person who is employed by a licensed
manufacturer and who has been issued an
employee identification certificate must produce
the certificate on the request of a manufacturing
inspector.
Penalty: 60 penalty units.
-- 67 of 114 --
Part 10—Offences
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
62
Authorised by the Chief Parliamentary Counsel
74 Licensed manufacturer must not employ
disqualified person
A licensed manufacturer must not employ a
person in the business conducted under the licence
if the person—
(a) is under the age of 17 and is not an
apprentice or trainee undertaking an
approved training scheme within the
meaning of the Education and Training
Reform Act 2006; or
(b) has been found guilty of a serious offence in
Victoria or another jurisdiction, including a
jurisdiction outside Australia, in the last
10 years; or
(c) has been found guilty of an offence against
this Act in the last 5 years; or
(d) has been found guilty of an offence against a
corresponding law (within the meaning of
the Drugs, Poisons and Controlled
Substances Act 1981) in the last 5 years; or
(e) belongs to a prescribed class of persons.
Penalty: 60 penalty units.
75 Disqualified person must not accept employment by
licensed manufacturer
A person must not accept employment to carry out
activities in the business conducted by a licensed
manufacturer if the person—
(a) is under the age of 17 and is not an
apprentice or trainee undertaking an
approved training scheme within the
meaning of the Education and Training
Reform Act 2006; or
-- 68 of 114 --
Part 10—Offences
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
63
Authorised by the Chief Parliamentary Counsel
(b) has been found guilty of a serious offence in
Victoria or another jurisdiction, including a
jurisdiction outside Australia, in the last
10 years; or
(c) has been found guilty of an offence against
this Act in the last 5 years; or
(d) has been found guilty of an offence against a
corresponding law within the meaning of the
Drugs, Poisons and Controlled Substances
Act 1981 in the last 5 years; or
(e) belongs to a prescribed class of persons.
Penalty: 60 penalty units.
76 Licensed manufacturer must ensure employees do
not contravene licence or provisions of this Act
(1) A licensed manufacturer must take reasonable
steps to prevent an employee of the manufacturer
from contravening any of the following laws in
carrying out an activity authorised by the
licence—
(a) this Act;
(b) the regulations;
(c) the Drugs, Poisons and Controlled
Substances Act 1981;
(d) the regulations under the Drugs, Poisons
and Controlled Substances Act 1981.
Penalty: 60 penalty units.
(2) A licensed manufacturer must take reasonable
steps to provide each employee of the
manufacturer who carries out an activity
authorised by the licence with sufficient and
appropriate information, instruction, training and
-- 69 of 114 --
Part 10—Offences
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
64
Authorised by the Chief Parliamentary Counsel
supervision to enable the employee to carry out
that activity in accordance with the licence.
Penalty: 60 penalty units.
(3) An employee of a licensed manufacturer must
cooperate with the manufacturer in relation to
any direction given, or action taken, by the
manufacturer, or by a person authorised by the
manufacturer for that purpose, in order to comply
with subsection (1) or (2).
Penalty: 60 penalty units.
77 Criminal liability of licensed manufacturer for a
failure to exercise due diligence
(1) If an employee of a licensed manufacturer
commits an offence against this Act, the
manufacturer also commits an offence against this
Act if the manufacturer failed to exercise due
diligence to prevent the commission of the offence
by the employee.
(2) A licensed manufacturer referred to in
subsection (1) is liable to a penalty not exceeding
the maximum penalty that applies to the offence
against this Act committed by the employee.
(3) In determining whether a licensed manufacturer
failed to exercise due diligence, a court may have
regard to—
(a) whether or not the licensee permitted or
authorised the act or omission of the
employee that constituted the offence against
this Act; and
(b) what steps the licensee took, or could
reasonably have taken, to prevent the
commission of the offence by the employee.
-- 70 of 114 --
Part 10—Offences
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
65
Authorised by the Chief Parliamentary Counsel
(4) Without limiting any other defence available to a
licensed manufacturer, the manufacturer may rely
on a defence that would be available to the
employee if the employee were charged with the
offence with which the manufacturer is charged.
(5) In relying on a defence referred to in
subsection (4), the licensed manufacturer bears the
same burden of proof that the employee would
bear.
(6) A licensed manufacturer may commit an offence
against this Act whether or not the employee of
the manufacturer has been prosecuted for, or
found guilty of, an offence against this Part.
78 Manufacturing inspector not to be hindered or
obstructed
(1) A person must not, without reasonable excuse,
hinder or obstruct a manufacturing inspector in the
exercise of a power under this Act.
Penalty: 100 penalty units.
(2) A person must not, without reasonable excuse, fail
to comply with any direction, requirement or
order of a manufacturing inspector under this Act.
Penalty: 100 penalty units.
79 Offences concerning labelling, packaging, containers
and advertising
(1) A person must not sell or supply an approved
medicinal cannabis product or any other medicinal
cannabis product with a label that does not
comply with the prescribed labelling requirements
(if any).
Penalty: 20 penalty units.
-- 71 of 114 --
Part 10—Offences
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
66
Authorised by the Chief Parliamentary Counsel
(2) A person must not sell or supply an approved
medicinal cannabis product or any other medicinal
cannabis product in a container that does not
comply with the prescribed container
requirements (if any).
Penalty: 20 penalty units.
(3) A person must not sell or supply an approved
medicinal cannabis product or any other medicinal
cannabis product—
(a) which the person has stored or packaged
otherwise than in accordance with the
prescribed requirements (if any); or
(b) which the person knows to have been stored
or packaged otherwise than in accordance
with the prescribed requirements (if any).
Penalty: 20 penalty units.
(4) A person must not advertise for sale or supply an
approved medicinal cannabis product or any other
medicinal cannabis product otherwise than in
accordance with the prescribed advertising
requirements (if any).
Penalty: 20 penalty units.
-- 72 of 114 --
Part 11—Manufacturing inspectors and enforcement powers
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
67
Authorised by the Chief Parliamentary Counsel
Part 11—Manufacturing inspectors and
enforcement powers
Division 1—Authorisation and general powers of
manufacturing inspectors
80 Manufacturing inspectors
(1) The Health Secretary, by instrument, may
authorise the following persons to be inspectors in
respect of the manufacture of medicinal cannabis
products under this Act—
(a) any person employed under Part 3 of the
Public Administration Act 2004;
(b) any other appropriately qualified person.
(2) The authorisation is subject to—
(a) the conditions determined by the Health
Secretary (if any); and
(b) the prescribed conditions (if any).
(3) The Health Secretary may include, as a condition
of the authorisation, general directions as to how
the manufacturing inspector's powers are to be
exercised.
81 Manufacturing inspector's identification certificate
(1) The Health Secretary must issue an identification
certificate to each manufacturing inspector who is
not a police officer.
(2) A manufacturing inspector (other than a police
officer) who is performing the functions of a
manufacturing inspector must produce the
identification certificate to any person who
requests it.
-- 73 of 114 --
Part 11—Manufacturing inspectors and enforcement powers
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
68
Authorised by the Chief Parliamentary Counsel
(3) A police officer who is performing the functions
of a manufacturing inspector must produce written
evidence of the officer's status as a member of
Victoria Police to any person who requests it.
82 Function and general powers of manufacturing
inspector
(1) The function of a manufacturing inspector is to
determine whether activities referred to in
sections 20 and 21 are undertaken in compliance
with—
(a) a manufacturing licence; and
(b) this Act; and
(c) the regulations.
(2) For the purposes of determining that compliance,
a manufacturing inspector, with any assistance the
inspector thinks necessary, may do any of the
following things at any reasonable time—
(a) enter and inspect any place, other than
premises used as a residence, occupied by a
person who holds or held a manufacturing
licence;
(b) inspect, count, examine or mark for
identification any cannabis, cannabis
material, intermediate cannabis products or
medicinal cannabis products in the place;
(c) intercept, inspect and examine any vehicle or
machine which a manufacturing inspector
reasonably believes is being used in
connection with the manufacture of
cannabis;
(d) require a person to produce any document
that the inspector reasonably requires for
determining compliance as referred to in
subsection (1);
-- 74 of 114 --
Part 11—Manufacturing inspectors and enforcement powers
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
69
Authorised by the Chief Parliamentary Counsel
(e) do any of the following things to a document
produced under paragraph (d)—
(i) examine the document;
(ii) make copies of the document;
(iii) take extracts from the document;
(iv) seize the document for as long as is
reasonably necessary to make copies or
take extracts;
(f) take samples of cannabis or cannabis
material to determine whether the cannabis
or cannabis material is possessed in
accordance with a manufacturing licence;
(g) take samples of intermediate cannabis
products and medicinal cannabis products to
determine whether the products are being
manufactured or possessed in accordance
with a manufacturing licence.
(3) A manufacturing inspector must not exercise any
powers under this Act if the inspector fails to
produce the identification certificate for inspection
on request by—
(a) in the case of a power exercised in relation to
a vehicle—
(i) the person in charge, or apparently in
charge, of the vehicle; or
(ii) the occupier of the place where that
vehicle is located; or
(iii) the person in charge or apparently in
charge of that place; or
-- 75 of 114 --
Part 11—Manufacturing inspectors and enforcement powers
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
70
Authorised by the Chief Parliamentary Counsel
(b) in any other case—
(i) the occupier of the place at which the
power is exercised; or
(ii) the person in charge, or apparently in
charge, of that place.
(4) If a manufacturing inspector takes a sample under
subsection (1)(f) or (g), the inspector must—
(a) divide the sample into 3 parts; and
(b) give one part to the person referred to in
subsection (2)(a); and
(c) retain one part untouched; and
(d) submit one part for examination to a
medicinal cannabis testing facility.
Division 2—Further powers and procedures for
manufacturing inspectors
83 Manufacturing inspector must give receipt if thing
taken or seized
(1) This section applies if a manufacturing
inspector—
(a) seizes a document under section 82(2)(e)(iv);
or
(b) takes a sample under section 82(2)(f) or (g);
or
(c) seizes or secures cannabis under
section 85(1).
(2) In this section, a reference to a manufacturing
inspector seizing a thing is a reference to the
inspector seizing, taking, removing or securing
that thing as referred to in subsection (1).
-- 76 of 114 --
Part 11—Manufacturing inspectors and enforcement powers
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
71
Authorised by the Chief Parliamentary Counsel
(3) The manufacturing inspector must give a receipt
to the person who—
(a) occupies the premises at which the inspector
seized the thing; or
(b) uses a vehicle from which the inspector
seized the thing.
(4) If the manufacturing inspector is unable to give a
receipt to the person, the inspector must—
(a) post it to the person; or
(b) leave it at premises occupied by the person;
or
(c) if the receipt is to be issued in respect of a
document, leave a copy of the document
with, or post a copy of the document to, the
person.
(5) A receipt must—
(a) identify the thing seized; and
(b) state the name of the inspector who seized
the thing; and
(c) state the reason why the thing was seized.
84 Manufacturing inspector's powers in relation to
storage devices
(1) This section applies if—
(a) having entered a place under
section 82(2)(a), a manufacturing inspector
finds a thing that is or contains a storage
device; and
(b) the inspector believes on reasonable grounds
that information stored in the storage device
may be relevant to determining whether
there has been a contravention of—
(i) this Act; or
-- 77 of 114 --
Part 11—Manufacturing inspectors and enforcement powers
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
72
Authorised by the Chief Parliamentary Counsel
(ii) the regulations; or
(iii) a manufacturing licence.
(2) If there is at the place equipment that may be used
with the storage device, the manufacturing
inspector may—
(a) operate the equipment to access the
information; or
(b) require the licensed manufacturer, or one of
the manufacturer's employees, to operate the
equipment to access the information.
(3) The manufacturing inspector may—
(a) put the information in a documentary form
and seize the documents so produced; or
(b) copy the information to another storage
device and remove that other storage device
from the place; or
(c) require a licensed manufacturer, or an
employee of a licensed manufacturer, to do
or facilitate a thing referred to in
paragraph (a) or (b).
(4) A manufacturing inspector must not operate
equipment for a purpose set out in this section
unless the inspector believes on reasonable
grounds that the operation can be carried out
without damage to the equipment.
85 Manufacturing inspector may seize or secure
cannabis on belief of contravention
(1) A manufacturing inspector may seize or secure
cannabis, cannabis material, an intermediate
cannabis product or a medicinal cannabis product
if the inspector believes on reasonable grounds
that the thing to be seized—
-- 78 of 114 --
Part 11—Manufacturing inspectors and enforcement powers
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
73
Authorised by the Chief Parliamentary Counsel
(a) is possessed or was manufactured in
contravention of—
(i) this Act; or
(ii) the regulations; or
(iii) the Drugs, Poisons and Controlled
Substances Act 1981; or
(iv) the regulations under the Drugs,
Poisons and Controlled Substances
Act 1981; or
(v) a manufacturing licence; or
(b) is possessed or manufactured by a person
who holds a manufacturing licence that has
been suspended or cancelled under this Act.
(2) The manufacturing inspector must give a copy of
the receipt that is given under section 83 in respect
of the seized cannabis to the Health Secretary.
(3) If the manufacturing inspector is a police officer,
the inspector must also give a copy of the
detention or seizure receipt to the Chief
Commissioner of Police.
(4) The manufacturing inspector may, with any
necessary assistance, supply seized cannabis to the
Health Secretary.
(5) This section does not limit or prevent the exercise
of any power by a police officer to commence a
proceeding in respect of compliance with this Act
in relation to any seized cannabis.
86 Manufacturing inspector may access ratepayer
information
(1) For the purposes of exercising a power under this
Act, a manufacturing inspector may require a
person who has custody of any records relating to
-- 79 of 114 --
Part 11—Manufacturing inspectors and enforcement powers
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
74
Authorised by the Chief Parliamentary Counsel
a ratepayer (within the meaning of the Local
Government Act 1989) to provide the inspector
with—
(a) the name and address or other contact details
of a ratepayer who is—
(i) a licensed manufacturer; or
(ii) an applicant for a manufacturing
licence; or
(b) the address or description of any land in
respect of which a ratepayer is liable to pay
rates and charges under Part 8 of the Local
Government Act 1989 if the ratepayer is—
(i) a licensed manufacturer; or
(ii) an applicant for a manufacturing
licence.
(2) A manufacturing inspector may make a record of
any information provided to the inspector under
subsection (1).
(3) A manufacturing inspector must not be charged a
fee for anything done, or required to be done,
under this section.
87 Manufacturing inspector may issue infringement
notice
(1) A manufacturing inspector may serve an
infringement notice on a person who the inspector
has reason to believe has committed a prescribed
offence.
(2) An offence referred to in subsection (1) for which
an infringement notice may be served is an
infringement offence within the meaning of the
Infringements Act 2006.
(3) The infringement penalty for an offence against
this Act is the prescribed infringement penalty in
respect of that offence.
-- 80 of 114 --
Part 11—Manufacturing inspectors and enforcement powers
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
75
Authorised by the Chief Parliamentary Counsel
88 Manufacturing inspector's authorisations regarding
cannabis
For the purposes of this Act, a manufacturing
inspector is authorised to possess cannabis,
cannabis material, intermediate cannabis products
and medicinal cannabis products in the exercise or
performance of any power, function or duty
conferred or imposed on the inspector by this Act
or the regulations.
Division 3—Powers of Health Secretary regarding
seized cannabis
89 How Health Secretary must deal with seized
cannabis
(1) If a manufacturing inspector seizes cannabis,
cannabis material, an intermediate cannabis
product or a medicinal cannabis product, the
Health Secretary may—
(a) deal with the seized cannabis in accordance
with subsection (3) if—
(i) the Secretary is satisfied on reasonable
grounds that, in relation to the seized
cannabis, there has been a
contravention of this Act, the
regulations, the Drugs, Poisons and
Controlled Substances Act 1981, the
regulations made under that Act or a
manufacturing licence; and
(ii) the person from whom the cannabis
was seized surrenders the seized
cannabis to the Secretary; and
(iii) that person consents to the Secretary
dealing with the seized cannabis in
accordance with subsection (3); or
-- 81 of 114 --
Part 11—Manufacturing inspectors and enforcement powers
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
76
Authorised by the Chief Parliamentary Counsel
(b) if the seized cannabis is required for
evidence in a proceeding, retain the cannabis
in accordance with section 90.
(2) Unless subsection (1) applies, the Health
Secretary must take reasonable steps to return the
seized cannabis—
(a) to the person from whom it was seized; or
(b) to its lawful owner.
(3) In the circumstances set out in subsection (1)(a),
the Health Secretary may do any of the
following—
(a) dispose of the seized cannabis;
(b) direct the person from whom the cannabis
was seized to dispose of the seized cannabis;
(c) in the case of seized cannabis plants, harvest
the cannabis plants and—
(i) destroy the harvest; or
(ii) otherwise deal with the harvest as
appropriate;
(d) enter into an agreement with the person from
whom the cannabis was seized, or any other
person, to deal with the seized cannabis as
required in all of the circumstances;
(e) anything reasonably required to ensure the
security of the seized cannabis.
(4) Section 94(1) applies to seized cannabis retained
by the Health Secretary under this Division.
Note
Section 94(1) authorises the Health Secretary to have the
seized cannabis tested at a medicinal cannabis testing
facility.
-- 82 of 114 --
Part 11—Manufacturing inspectors and enforcement powers
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
77
Authorised by the Chief Parliamentary Counsel
90 Retention of seized cannabis for proceeding
(1) This section applies if the Health Secretary is
retaining seized cannabis for evidence in a
proceeding under section 89(1)(b).
(2) The seized cannabis may be retained—
(a) for a period of 3 months or such longer
period as specified in an order under
section 91; and
(b) for a subsequent period that ends on the
completion of the proceeding (including any
appeal) for which the seized cannabis is
retained.
(3) If a proceeding is not commenced by the end of
the period referred to in subsection (2)(a), the
seized cannabis must be returned in accordance
with section 89(2).
(4) The seized cannabis may be retained at a place
approved by the Health Secretary.
91 Magistrates' Court may extend 3 month period
(1) This section applies if the Health Secretary is
retaining seized cannabis for evidence in a
proceeding under section 89(1)(b).
(2) The Health Secretary may apply to the
Magistrates' Court for an extension (not exceeding
3 months) of the period during which the seized
cannabis may be retained.
(3) An application under subsection (2) must not be
made after—
(a) the day that is 3 months after the cannabis is
seized; or
(b) if an extension has been granted under this
section, the end of the period of the
extension.
-- 83 of 114 --
Part 11—Manufacturing inspectors and enforcement powers
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
78
Authorised by the Chief Parliamentary Counsel
(4) The Magistrates' Court may make an order
extending the period that the seized cannabis is to
be retained if satisfied that—
(a) the making of the order is in the interests of
justice; and
(b) the total period of retention does not exceed
12 months; and
(c) retention of the seized cannabis is necessary
for the purpose of an investigation into
whether a contravention of this Act has
occurred.
(5) At least 7 days before the hearing of an
application under subsection (1), the applicant
must give notice to—
(a) the person from whom the cannabis was
seized; and
(b) the lawful owner of the seized cannabis.
92 Forfeiture and destruction of seized cannabis
(1) This section applies the Health Secretary is
retaining seized cannabis for evidence in a
proceeding under section 89(1)(b).
(2) The Health Secretary may apply to the
Magistrates' Court for a forfeiture and destruction
order if the Secretary—
(a) is satisfied on reasonable grounds that, in
relation to the seized cannabis, there has
been a contravention of this Act, the
regulations, the Drugs, Poisons and
Controlled Substances Act 1981, the
regulations made under that Act or a
manufacturing licence (as the case requires);
and
-- 84 of 114 --
Part 11—Manufacturing inspectors and enforcement powers
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
79
Authorised by the Chief Parliamentary Counsel
(b) has cancelled the manufacturing licence held
by the person from whom the cannabis was
seized.
(3) On an application under subsection (2), the
Magistrates' Court may order that the seized
cannabis is forfeited to the Crown.
(4) The Magistrates' Court may specify, in an order
under subsection (3), that the seized cannabis is to
be destroyed.
(5) The Magistrates' Court may only make an order
under subsection (4) if satisfied that—
(a) the seized cannabis poses a risk to public
health and safety; and
(b) it is appropriate to make the order in all the
circumstances.
(6) The Magistrates' Court may—
(a) give any direction to enable the Health
Secretary to carry out an order under
subsection (3); and
(b) authorise the Health Secretary to give any
appropriate direction to destroy the seized
cannabis in accordance with the order.
93 Recovery of costs of forfeiture and destruction order
If the Health Secretary incurs any costs in
carrying out an order under section 92(3) or (4),
the Secretary may recover those costs in any court
of competent jurisdiction as a debt due to the
Crown.
-- 85 of 114 --
Part 12—General
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
80
Authorised by the Chief Parliamentary Counsel
Part 12—General
94 Provision of cannabis to medicinal cannabis testing
facility
(1) The Health Secretary is authorised—
(a) to transport and provide cannabis, cannabis
material, an intermediate cannabis product or
a medicinal cannabis product to a medicinal
cannabis testing facility for testing or
examination; and
(b) to receive the cannabis, cannabis material, an
intermediate cannabis product or medicinal
cannabis product (or the remainder of it)
from the medicinal cannabis testing facility
after the testing or examination is complete.
(2) A person who operates a medicinal cannabis
testing facility is authorised—
(a) to receive cannabis, cannabis material, an
intermediate cannabis product or a medicinal
cannabis product for the purpose of testing or
examination; and
(b) to use the cannabis, cannabis material,
intermediate cannabis product or medicinal
cannabis product (or any part of it) for that
testing or examination; and
(c) to return the cannabis, cannabis material,
intermediate cannabis product or medicinal
cannabis product (or the remainder of it)
after the testing or examination; and
(d) to possess and store cannabis, cannabis
material, an intermediate cannabis product or
a medicinal cannabis product for the purpose
of the other activities set out in this
subsection.
-- 86 of 114 --
Part 12—General
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
81
Authorised by the Chief Parliamentary Counsel
95 Authorisation of couriers
(1) If, under this Act, a person (the supplier) is
authorised to transport cannabis, cannabis
material, an intermediate cannabis product or a
medicinal cannabis product to another person
(the recipient), the supplier or the recipient may
engage a courier to carry out the transportation.
(2) The supplier is authorised to give the cannabis,
cannabis material, intermediate cannabis product
or medicinal cannabis product to the courier for
the purpose of transporting it to the recipient.
(3) The courier is authorised—
(a) to transport the cannabis, cannabis material,
intermediate cannabis product or medicinal
cannabis product to the recipient; and
(b) to possess and store the cannabis, cannabis
material, intermediate cannabis product or
medicinal cannabis product for the purpose
of that transportation.
(4) Subject to subsection (5), a person who is
employed by the courier is authorised to do what
the courier is authorised to do.
(5) Subsection (4) does not authorise a person
employed by the courier to conduct any activities
referred to in subsection (3) other than an activity
required in the course of the employee's
employment.
96 Delegation by Health Secretary
The Health Secretary, by instrument, may
delegate any powers or functions of the Health
Secretary under this Act and the regulations, other
than this power of delegation, to a person or class
of persons employed under Part 3 of the Public
Administration Act 2004.
-- 87 of 114 --
Part 12—General
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
82
Authorised by the Chief Parliamentary Counsel
97 Immunity of officials
(1) A person specified in subsection (2) is not in any
way liable to any penalty in respect of anything
done by the person in the exercise or performance
of any power, function or duty conferred or
imposed on the person by this Act or the
regulations.
(2) For the purposes of subsection (1), the following
persons are specified—
(a) the Health Secretary;
(b) a manufacturing inspector.
98 Competition and Consumer Act and Competition
Code
(1) For the purposes of the Competition and
Consumer Act 2010 of the Commonwealth and
the Consumer Code, the following things are
authorised by this Act—
(a) issuing or renewing a manufacturing licence;
(b) refusing an application for the issue or
renewal of a manufacturing licence;
(c) imposing a condition on a manufacturing
licence that limits the amount of a medicinal
cannabis product that may be manufactured
under the licence;
(d) entering into, amending or giving effect to a
Health Secretary agreement.
(2) In this section—
giving effect to, in relation to an agreement or
contract, includes—
(a) complying with any obligation under
the agreement or contract; and
(b) exercising or enforcing any right or
power under the agreement or contract;
-- 88 of 114 --
Part 12—General
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
83
Authorised by the Chief Parliamentary Counsel
Health Secretary agreement means an agreement
or contract under which the Health
Secretary—
(a) obtains cannabis, cannabis material or
intermediate cannabis products as
authorised by section 17(a); or
(b) obtains or purchases cannabis or
cannabis material as authorised by
section 17(b); or
(c) obtains or purchases a medicinal
cannabis product as authorised by
section 39(a); or
(d) sells or supplies an approved medicinal
cannabis product as authorised by
section 42(1)(a); or
(e) sells or supplies a medicinal
cannabis product as authorised by
section 45(1)(a).
99 Review of operation of Act
Before the fourth anniversary of the
commencement of this section, the Minister must
cause an independent review to be conducted into
the operation of this Act.
100 Regulations
(1) The Governor in Council may make regulations
for or with respect to—
(a) prescribing quality standards for—
(i) manufacture of intermediate cannabis
products and medicinal cannabis
products;
(ii) approved medicinal cannabis products;
-- 89 of 114 --
Part 12—General
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
84
Authorised by the Chief Parliamentary Counsel
(b) prescribing conditions on manufacturing
licences, including standards as conditions
on licences;
(c) prescribing fees;
(d) without limiting paragraph (c), prescribing
fees or levies to recover any compliance or
administrative costs;
(e) prescribing forms;
(f) prescribing particulars or information to be
included in any application for the issue,
renewal or amendment of a manufacturing
licence;
(g) regulating, restricting or prohibiting
premises, vehicles or machines used or
intended to be used for or in connection with
the manufacture and destruction of medicinal
cannabis products;
(h) regulating or prohibiting the transport of
medicinal cannabis products, including in
relation to specific geographical areas or
regions in Victoria;
(i) the distance required to separate medicinal
cannabis products at premises from any other
place;
(j) matters to be considered by the Health
Secretary in relation to the suitability of
premises for the manufacture of medicinal
cannabis products;
(k) standards or requirements as to security of
access to premises and in relation to
separating medicinal cannabis products from
a public place or any other premises;
(l) requirements of signage at licensed premises
and information to be displayed at those
premises, or on equipment or vehicles used
-- 90 of 114 --
Part 12—General
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
85
Authorised by the Chief Parliamentary Counsel
for or in connection with the manufacture of
medicinal cannabis products;
(m) the manner in which inspections, searches,
detentions and seizures under this Act are to
be carried out;
(n) records to be kept in relation to medicinal
cannabis products;
(o) the sale, supply and safe custody, storage and
security of medicinal cannabis products,
including approved medicinal cannabis
products;
(p) prescribing a penalty of not more than
20 penalty units for any contravention of the
regulations;
(q) generally any other matter or thing that is
authorised or required to be prescribed or
necessary to be prescribed to carry out this
Act.
(2) Without limiting subsection (1), the Governor in
Council may make regulations for or with respect
to—
(a) prohibiting, regulating or controlling the
manufacture, sale, possession,
administration, use, supply, distribution, safe
custody and storage of medicinal cannabis
products;
(b) preventing the improper use of medicinal
cannabis products;
(c) prohibiting or regulating the issue by
registered medical practitioners of patient
medicinal cannabis access authorisations for
medicinal cannabis products;
-- 91 of 114 --
Part 12—General
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
86
Authorised by the Chief Parliamentary Counsel
(d) prohibiting or regulating the dispensing of
approved medicinal cannabis products by
pharmacists on patient medicinal cannabis
access authorisations or classes of patient
medicinal cannabis access authorisations;
(e) requiring persons engaged in the
manufacture, sale, supply, dispensing,
administration, authorisation and distribution
of medicinal cannabis products to keep
records and provide information in writing or
otherwise;
(f) the custody, accumulation, destruction,
administration, use, supply and storage of
any medicinal cannabis products, including,
but not limited to—
(i) the specifications of cupboards and
other receptacles; and
(ii) the manner of storage of any medicinal
cannabis products
(g) regulating or prohibiting the sale, supply,
dispensing or administration of any
medicinal cannabis products;
(h) regulating the supply of any medicinal
cannabis products to drug-dependent
persons;
(i) regulating and controlling advertising by any
person in relation to medicinal cannabis
products, including the form and content of
advertisements;
(j) the colouring of any medicinal cannabis
products;
(k) prohibiting or regulating the sale or supply of
any medicinal cannabis products, whether by
wholesale or by retail, or any class of
products, unless the product or class of
-- 92 of 114 --
Part 12—General
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
87
Authorised by the Chief Parliamentary Counsel
product is packaged in accordance with
regulations and contains no more than a
specified concentration of cannabinoids;
(l) the minimum size of packages or containers
in which medicinal cannabis products or any
class of medicinal cannabis products may be
sold or supplied or offered for sale or supply;
(m) specifying the containers in which any
medicinal cannabis products may be sold or
supplied and prohibiting the use of those
containers for other substances;
(n) prescribing the approved medicinal cannabis
products and other medicinal cannabis
products that the following are authorised to
possess, use, administer or supply—
(i) a nurse practitioner or category of nurse
practitioner;
(ii) a registered nurse or class of registered
nurse;
(iii) a registered midwife or class of
registered midwife;
(o) labelling and specifying the particulars to be
included in labels attached to containers of
approved medicinal cannabis products and
other medicinal cannabis products;
(p) the inspection of premises (other than
residential premises), mobile facilities,
stocks, records and any other documents
relating to medicinal cannabis products;
(q) specifying the persons or classes of persons
authorised or entitled to purchase, obtain,
possess, use or administer any medicinal
cannabis products;
-- 93 of 114 --
Part 12—General
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
88
Authorised by the Chief Parliamentary Counsel
(r) the administration and use of approved
medicinal cannabis products or other
medicinal cannabis products.
(3) Regulations made under this Act may—
(a) be of general or limited application;
(b) differ according to differences in time, place
or circumstances;
(c) apply to different classes of person, licences
or product;
(d) provide for different fees for different
activities or classes of activity or different
cases or classes of cases;
(e) provide for waiver or reduction of fees;
(f) in the case of applications for the issue or
renewal of licences, specify fees that reflect
the cost of administration of, and the
provision of, inspection services in
connection with this Act;
(g) confer powers or discretions or impose
duties on the Health Secretary, a
manufacturing inspector or any other
specified person;
(h) exempt specified persons or things or classes
of person or classes of thing from complying
with all or any of the regulations—
(i) whether unconditionally or on specified
conditions; and
(ii) either wholly or to such an extent as is
specified;
(i) leave any matter to be required to be
undertaken in a manner approved by the
Health Secretary;
-- 94 of 114 --
Part 12—General
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
89
Authorised by the Chief Parliamentary Counsel
(j) apply, adopt or incorporate any matter
contained in any document whether—
(i) wholly or partially or as amended by
the regulations; or
(ii) as in force at a particular time; or
(iii) as in force from time to time.
(4) Regulations made under this Act may provide that
any specified contravention of the regulations is to
be regarded—
(a) as infamous conduct in a professional respect
within the meaning and for the purposes of
any Act; or
(b) as unprofessional conduct within the
meaning and for the purposes of the Health
Practitioner Regulation National Law.
-- 95 of 114 --
Part 13—Amendment of the Drugs, Poisons and Controlled Substances Act
1981
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
90
Authorised by the Chief Parliamentary Counsel
Part 13—Amendment of the Drugs, Poisons
and Controlled Substances Act 1981
101 Definitions
(1) In section 4(1) of the Drugs, Poisons and
Controlled Substances Act 1981 insert the
following definitions—
"approved medicinal cannabis product has the
same meaning as it has in the Access to
Medicinal Cannabis Act 2016;
medicinal cannabis has the same meaning as it
has in the Access to Medicinal Cannabis
Act 2016;
medicinal cannabis product has the same
meaning as it has in the Access to Medicinal
Cannabis Act 2016;
medicinal cannabis cultivation licence means a
cultivation licence within the meaning of the
Access to Medicinal Cannabis Act 2016;
medicinal cannabis manufacturing licence
means a manufacturing licence within the
meaning of the Access to Medicinal
Cannabis Act 2016;
patient medicinal cannabis access authorisation
has the same meaning as it has in the Access
to Medicinal Cannabis Act 2016;
practitioner medicinal cannabis authorisation
has the same meaning as it has in the Access
to Medicinal Cannabis Act 2016;".
(2) In section 4(1) of the Drugs, Poisons and
Controlled Substances Act 1981—
(a) in the definition of poison or controlled
substance, in paragraph (j), for "poison;"
substitute "poison; or"'
-- 96 of 114 --
Part 13—Amendment of the Drugs, Poisons and Controlled Substances Act
1981
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
91
Authorised by the Chief Parliamentary Counsel
(b) in the definition of poison or controlled
substance, after paragraph (j) insert—
"(k) medicinal cannabis;";
(c) in the definition of Schedule 8 poison, after
"Standard" insert "other than medicinal
cannabis";
(d) in the definition of Schedule 9 poison, after
"Standard" insert "other than medicinal
cannabis".
102 Act not to derogate from provisions of certain other
Acts
In section 7 of the Drugs, Poisons and
Controlled Substances Act 1981 after
"National Law," insert "the Access to Medicinal
Cannabis Act 2016, the".
103 Persons authorized to have possession etc. of poisons
or controlled substances
In section 13(1) of the Drugs, Poisons and
Controlled Substances Act 1981, after "and the
regulations" insert "and, in relation to medicinal
cannabis, the Access to Medicinal Cannabis
Act 2016 and the regulations under that Act".
104 What a licence, permit or warrant can authorise
In section 20(3) of the Drugs, Poisons and
Controlled Substances Act 1981, after
"substances" insert ", other than medicinal
cannabis,".
105 Manufacture, sale or supply of poisons or controlled
substances by wholesale
(1) In section 23(1) of the Drugs, Poisons and
Controlled Substances Act 1981, after "this Act"
insert "or by or under the Access to Medicinal
Cannabis Act 2016".
-- 97 of 114 --
Part 13—Amendment of the Drugs, Poisons and Controlled Substances Act
1981
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
92
Authorised by the Chief Parliamentary Counsel
(2) In section 23(2) of the Drugs, Poisons and
Controlled Substances Act 1981, after "this Act"
insert "or by or under the Access to Medicinal
Cannabis Act 2016".
106 Wholesaling of certain poisons
In section 24 of the Drugs, Poisons and
Controlled Substances Act 1981 after "under this
Act" insert "or by or under the Access to
Medicinal Cannabis Act 2016".
107 Retailing of poisons or controlled substances
(1) In section 26(1) of the Drugs, Poisons and
Controlled Substances Act 1981 after "this Act"
insert "or by or under the Access to Medicinal
Cannabis Act 2016".
(2) In section 26(2) of the Drugs, Poisons and
Controlled Substances Act 1981 after "this Act"
insert "or by or under the Access to Medicinal
Cannabis Act 2016".
108 Sale of poisons or controlled substances by persons
other than manufacturers etc.
In section 27 of the Drugs, Poisons and
Controlled Substances Act 1981 after "under this
Act" insert "or by or under the Access to
Medicinal Cannabis Act 2016".
109 Offences concerning labelling and other matters
After section 27A(4) of the Drugs, Poisons and
Controlled Substances Act 1981 insert—
"(5) This section does not apply in relation to
medicinal cannabis, approved medicinal
cannabis products or other medicinal
cannabis products.".
-- 98 of 114 --
Part 13—Amendment of the Drugs, Poisons and Controlled Substances Act
1981
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
93
Authorised by the Chief Parliamentary Counsel
110 Sale of substances in unauthorised containers
After section 29(2) of the Drugs, Poisons and
Controlled Substances Act 1981 insert—
"(3) Nothing in this section affects any other
requirements of this Act or the regulations or
the Access to Medicinal Cannabis
Act 2016 or the regulations under that Act
with respect to the containers in which
approved medicinal cannabis products which
are, or contain, poisons or controlled
substances may be sold.".
111 Vending machines for poisons or controlled
substances
In section 30 of the Drugs, Poisons and
Controlled Substances Act 1981, for "his"
(wherever occurring) substitute "the person's".
112 New section 31A inserted
After section 31 of the Drugs, Poisons and
Controlled Substances Act 1981 insert—
"31A Division does not apply to medicinal
cannabis
This Division does not apply to medicinal
cannabis.".
113 Effect of this Division
In section 36C of the Drugs, Poisons and
Controlled Substances Act 1981, after
"Schedule 4 poison" insert "or, in relation to
medicinal cannabis, this Act, the Regulations, the
Access to Medicinal Cannabis Act 2016 or the
regulations under that Act".
-- 99 of 114 --
Part 13—Amendment of the Drugs, Poisons and Controlled Substances Act
1981
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
94
Authorised by the Chief Parliamentary Counsel
114 Administration of drugs of dependence, Schedule 9
poisons, Schedule 8 poisons and Schedule 4 poisons
in aged care services
(1) In section 36E of the Drugs, Poisons and
Controlled Substances Act 1981, after
"dependence" insert "(including any medicinal
cannabis product)".
(2) In section 36E(b) of the Drugs, Poisons and
Controlled Substances Act 1981, after
"prescription" insert "or, in the case of a
medicinal cannabis product, supplied under a
patient medicinal cannabis access authorisation
for that resident".
115 Inspections
(1) In section 42(1) of the Drugs, Poisons and
Controlled Substances Act 1981, after "this Act
and the regulations" insert "or the Access to
Medicinal Cannabis Act 2016 and the
regulations under that Act (other than any
provision that relates to a medicinal cannabis
cultivation licence or a medicinal cannabis
manufacturing licence)".
(2) After section 42(1)(a) of the Drugs, Poisons and
Controlled Substances Act 1981 insert—
"(ab) enter upon any premises (other than
residential premises) occupied by any person
authorised by or under the Access to
Medicinal Cannabis Act 2016 or the
regulations under that Act (other than any
provision that relates to a medicinal cannabis
manufacturing licence) to have in that
person's possession medicinal cannabis, or
any medicinal cannabis product;".
-- 100 of 114 --
Part 13—Amendment of the Drugs, Poisons and Controlled Substances Act
1981
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
95
Authorised by the Chief Parliamentary Counsel
(3) In section 42(1)(e) of the Drugs, Poisons and
Controlled Substances Act 1981, after "this Act"
insert "or the Access to Medicinal Cannabis
Act 2016 (other than any provision that relates to
a medicinal cannabis cultivation licence or a
medicinal cannabis manufacturing licence)".
116 Duties of officers in relation to seized substances
After section 43(4) of the Drugs, Poisons and
Controlled Substances Act 1981 insert—
"(5) This section applies to medicinal cannabis
unless the medicinal cannabis is seized under
Part 11 of the Access to Medicinal
Cannabis Act 2016.".
117 Persons who are liable for contravention of Act
After section 44(5) of the Drugs, Poisons and
Controlled Substances Act 1981 insert—
"(6) This section does not apply to medicinal
cannabis.".
118 New section 61A inserted
After section 61 of the Drugs, Poisons and
Controlled Substances Act 1981 insert—
"61A Part does not apply to medicinal cannabis
This Part does not apply to medicinal
cannabis.".
119 Trafficking in a drug or drugs of dependence—large
commercial quantity
In section 71(1) of the Drugs, Poisons and
Controlled Substances Act 1981, after "or the
regulations" insert "or the Access to Medicinal
Cannabis Act 2016 or the regulations under that
Act".
-- 101 of 114 --
Part 13—Amendment of the Drugs, Poisons and Controlled Substances Act
1981
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
96
Authorised by the Chief Parliamentary Counsel
120 Trafficking in a drug or drugs of dependence—
commercial quantity
In section 71AA of the Drugs, Poisons and
Controlled Substances Act 1981, after "or the
regulations" insert "or the Access to Medicinal
Cannabis Act 2016 or the regulations under that
Act".
121 Trafficking in a drug of dependence to a child
In section 71AB of the Drugs, Poisons and
Controlled Substances Act 1981, after "or the
regulations" (where twice occurring) insert
"or the Access to Medicinal Cannabis Act 2016
or the regulations under that Act".
122 Trafficking in a drug of dependence
In section 71AC of the Drugs, Poisons and
Controlled Substances Act 1981, after "or the
regulations" (where twice occurring) insert
"or the Access to Medicinal Cannabis Act 2016
or the regulations under that Act".
123 Possession of substance, material, documents or
equipment for trafficking in a drug of dependence
In section 71A(1) of the Drugs, Poisons and
Controlled Substances Act 1981, after "or the
regulations" insert "or the Access to Medicinal
Cannabis Act 2016 or the regulations under that
Act".
124 Supply of drug of dependence to a child
(1) In section 71B(1) of the Drugs, Poisons and
Controlled Substances Act 1981, after "or the
regulations" insert "or the Access to Medicinal
Cannabis Act 2016 or the regulations under that
Act".
-- 102 of 114 --
Part 13—Amendment of the Drugs, Poisons and Controlled Substances Act
1981
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
97
Authorised by the Chief Parliamentary Counsel
(2) In section 71B(1A) of the Drugs, Poisons and
Controlled Substances Act 1981, after "or the
regulations" insert "or the Access to Medicinal
Cannabis Act 2016 or the regulations under that
Act".
125 Possession of tablet press
In section 71C of the Drugs, Poisons and
Controlled Substances Act 1981, after "or the
regulations (if any)" insert "or the Access to
Medicinal Cannabis Act 2016 or the regulations
under that Act (if any)".
126 Possession of precursor chemicals
In section 71D of the Drugs, Poisons and
Controlled Substances Act 1981, after "or the
regulations (if any)" insert "or the Access to
Medicinal Cannabis Act 2016 or the regulations
under that Act (if any)".
127 Possession of document containing information
about trafficking or cultivating a drug of
dependence
In section 71E(1) of the Drugs, Poisons and
Controlled Substances Act 1981, after "or the
regulations" insert "or the Access to Medicinal
Cannabis Act 2016 or the regulations under that
Act".
128 Publication of document containing instructions
In section 71F(1) of the Drugs, Poisons and
Controlled Substances Act 1981, after "or the
regulations" insert "or the Access to Medicinal
Cannabis Act 2016 or the regulations under that
Act".
-- 103 of 114 --
Part 13—Amendment of the Drugs, Poisons and Controlled Substances Act
1981
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
98
Authorised by the Chief Parliamentary Counsel
129 Cultivation of narcotic plants—large commercial
quantity
In section 72 of the Drugs, Poisons and
Controlled Substances Act 1981, after "or the
regulations" insert "or the Access to Medicinal
Cannabis Act 2016 or the regulations under that
Act".
130 Cultivation of narcotic plants—commercial quantity
In section 72A of the Drugs, Poisons and
Controlled Substances Act 1981, after "or the
regulations" insert "or the Access to Medicinal
Cannabis Act 2016 or the regulations under that
Act".
131 Cultivation of narcotic plants
In section 72B of the Drugs, Poisons and
Controlled Substances Act 1981, after "or the
regulations" insert "or the Access to Medicinal
Cannabis Act 2016 or the regulations under that
Act".
132 Permitting use of premises for trafficking or
cultivation of drug of dependence
In section 72D of the Drugs, Poisons and
Controlled Substances Act 1981, after "or the
regulations" (where twice occurring) insert
"or the Access to Medicinal Cannabis Act 2016
or the regulations under that Act".
133 Possession of drug of dependence
(1) In section 73(1) of the Drugs, Poisons and
Controlled Substances Act 1981, after "or the
regulations" insert "or the Access to Medicinal
Cannabis Act 2016 or the regulations under that
Act".
-- 104 of 114 --
Part 13—Amendment of the Drugs, Poisons and Controlled Substances Act
1981
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
99
Authorised by the Chief Parliamentary Counsel
(2) In section 73(2) of the Drugs, Poisons and
Controlled Substances Act 1981, after "or the
regulations" insert "or the Access to Medicinal
Cannabis Act 2016 or the regulations under that
Act".
134 Introduction of drug of dependence into the body of
another person
In section 74 of the Drugs, Poisons and
Controlled Substances Act 1981, after "or the
regulations" insert "or the Access to Medicinal
Cannabis Act 2016 or the regulations under that
Act".
135 Use of drug of dependence
In section 75 of the Drugs, Poisons and
Controlled Substances Act 1981, after "or the
regulations" insert "or the Access to Medicinal
Cannabis Act 2016 or the regulations under that
Act".
136 Forging prescriptions and orders for drugs of
dependence
At the end of section 77 of the Drugs, Poisons
and Controlled Substances Act 1981 insert—
"(2) For the purposes of subsection (1), a patient
medicinal cannabis access authorisation is an
order for a drug of dependence.".
137 Obtaining drugs of dependence etc. by false
representation
In section 78(a), (b) and (d) of the Drugs, Poisons
and Controlled Substances Act 1981, after
"or the regulations" (wherever occurring) insert
"or the Access to Medicinal Cannabis Act 2016
or the regulations under that Act".
-- 105 of 114 --
Part 13—Amendment of the Drugs, Poisons and Controlled Substances Act
1981
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
100
Authorised by the Chief Parliamentary Counsel
138 Definitions—Part VC
In section 80T of the Drugs, Poisons and
Controlled Substances Act 1981 insert the
following definition—
"medicinal cannabis vaporiser means a device
capable of being used or intended to be used
for the purposes of introducing into the body
of a person a medicinal cannabis product by
the drawing of vapour resulting from heating
the product, whether through water or
another liquid in the device or otherwise;".
139 New section 80TA inserted
After section 80T of the Drugs, Poisons and
Controlled Substances Act 1981 insert—
"80TA Part not to apply in relation to pharmacist
dealing with medicinal cannabis vaporiser
Nothing in this Part applies in relation to a
pharmacist displaying, selling or supplying a
medicinal cannabis vaporiser to a person
authorised to possess, use or administer a
medicinal cannabis product by the Access to
Medicinal Cannabis Act 2016 or the
regulations under that Act.".
140 List of licences and permits
After section 118(6) of the Drugs, Poisons and
Controlled Substances Act 1981 insert—
"(7) This section does not apply to medicinal
cannabis manufacturing licences, practitioner
medicinal cannabis authorisations, patient
medicinal cannabis access authorisations or
any other authorisation under the Access to
Medicinal Cannabis Act 2016.".
-- 106 of 114 --
Part 13—Amendment of the Drugs, Poisons and Controlled Substances Act
1981
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
101
Authorised by the Chief Parliamentary Counsel
141 Proof that a substance is poison etc.
In section 122(b) of the Drugs, Poisons and
Controlled Substances Act 1981, after
'"Schedule 9"' insert 'or "medicinal cannabis
product"'.
142 New section 129A inserted
After section 129 of the Drugs, Poisons and
Controlled Substances Act 1981 insert—
"129A Regulations—medicinal cannabis
(1) Without limiting section 129 or 132 and in
addition to the powers provided in those
sections, the Governor in Council may make
regulations for or with respect to—
(a) prohibiting, regulating or controlling
the manufacture, sale, possession,
administration, use, supply,
distribution, safe custody and storage of
intermediate cannabis products and
medicinal cannabis products;
(b) preventing the improper use of
intermediate cannabis products and
medicinal cannabis products;
(c) prohibiting or regulating the issue by
registered medical practitioners of
patient medicinal cannabis access
authorisations for any approved
medicinal cannabis products and other
medicinal cannabis products and the
dispensing of those authorisations;
(d) prohibiting or regulating the dispensing
by pharmacists of patient medicinal
cannabis access authorisations or
classes of authorisations for approved
medicinal cannabis products and other
medicinal cannabis products;
-- 107 of 114 --
Part 13—Amendment of the Drugs, Poisons and Controlled Substances Act
1981
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
102
Authorised by the Chief Parliamentary Counsel
(e) requiring persons engaged in the
manufacture, sale, supply, dispensing,
administration, authorisation and
distribution of intermediate cannabis
products and medicinal cannabis
products to keep records and provide
information in writing or otherwise;
(f) regulating, for the purposes of
Division 10A of Part II, the
administration of medicinal cannabis
products to residents of aged care
services;
(g) the custody, accumulation, destruction,
administration, use, supply and storage
of any intermediate cannabis products
and medicinal cannabis products,
including, but not limited to—
(i) the specifications of cupboards
and other receptacles; and
(ii) the manner of storage of any
intermediate cannabis products
and medicinal cannabis products;
(h) prohibiting or regulating the sale,
supply, dispensing or administration of
any approved medicinal cannabis
products and other medicinal cannabis
products;
(i) regulating the transfer, conveyance or
transportation of intermediate cannabis
products and medicinal cannabis
products;
(j) regulating the supply of any medicinal
cannabis products to drug-dependent
persons;
-- 108 of 114 --
Part 13—Amendment of the Drugs, Poisons and Controlled Substances Act
1981
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
103
Authorised by the Chief Parliamentary Counsel
(k) regulating and controlling advertising
by any person in relation to any
intermediate cannabis products and
medicinal cannabis products, including
the form and content of advertisements;
(l) prescribing a penalty of not more than
20 penalty units for any contravention
of the regulations made under this
section.
(2) Regulations made under this section may
provide that any specified contravention of
the regulations is to be regarded—
(a) as infamous conduct in a professional
respect within the meaning and for the
purposes of any Act; or
(b) as unprofessional conduct within the
meaning and for the purposes of the
Health Practitioner Regulation National
Law.
(3) Nothing in this section limits any power to
make regulations under the Access to
Medicinal Cannabis Act 2016.".
-- 109 of 114 --
Part 14—Consequential amendments to other Acts and repeal of amending
Parts
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
104
Authorised by the Chief Parliamentary Counsel
Part 14—Consequential amendments to
other Acts and repeal of amending Parts
Division 1—Amendment of other Acts
143 Crimes Act 1958—Definitions
In section 2A(1) of the Crimes Act 1958 insert
the following definitions—
"medicinal cannabis product has the same
meaning as in the Access to Medicinal
Cannabis Act 2016;
patient medicinal cannabis access authorisation
has the same meaning as in the Access to
Medicinal Cannabis Act 2016;".
144 Crimes Act 1958—Effect of intoxication on
reasonable belief
(1) In section 37H(2) of the Crimes Act 1958—
(a) after paragraph (c) insert—
"(ca) from the use of a medicinal cannabis
product in accordance with a patient
medicinal cannabis access
authorisation; or";
(b) in paragraph (d), after "not required" insert
"(other than a medicinal cannabis product)".
(2) In section 37H(3) of the Crimes Act 1958, for
"(2)(c) or (d)" substitute "(2)(c), (ca) or (d)".
145 Crimes Act 1958—Intoxication
(1) In section 322T(5) of the Crimes Act 1958—
(a) after paragraph (c) insert—
"(ca) from the use of a medicinal cannabis
product in accordance with a patient
medicinal cannabis access
authorisation; or";
-- 110 of 114 --
Part 14—Consequential amendments to other Acts and repeal of amending
Parts
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
105
Authorised by the Chief Parliamentary Counsel
(b) in paragraph (d), after "required" insert
"(other than a medicinal cannabis product)".
(2) In section 322T(6) of the Crimes Act 1958, for
"(5)(c) or (d)" substitute "(5)(c), (ca) or (d)".
146 Guardianship and Administration Act 1986—
Definitions
(1) In section 3(1) of the Guardianship and
Administration Act 1986 insert the following
definition—
"approved medicinal cannabis product has the
same meaning as in the Access to Medicinal
Cannabis Act 2016;".
(2) In section 3(1) of the Guardianship and
Administration Act 1986, in the definition of
medical or dental treatment—
(a) in paragraph (g), after "pharmaceutical drug"
insert "(other than an approved medicinal
cannabis product)";
(b) after paragraph (g) insert—
"(ga) the administration of an approved
medicinal cannabis product in
accordance with a patient medicinal
cannabis access authorisation
(within the meaning of the Access to
Medicinal Cannabis Act 2016); or".
147 Health Records Act 2001—Definitions
In section 3(1) of the Health Records Act 2001,
in the definition of health service—
(a) after paragraph (c) insert—
"(ca) the sale or supply of an approved
medicinal cannabis product within the
meaning of the Access to Medicinal
Cannabis Act 2016 in accordance with
that Act by a pharmacist registered
-- 111 of 114 --
Part 14—Consequential amendments to other Acts and repeal of amending
Parts
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
106
Authorised by the Chief Parliamentary Counsel
under the Health Practitioner
Regulation National Law; or";
(b) in paragraph (d), for "(b) or (c)" substitute
"(b), (c) or (ca)".
148 Mental Health Act 2014—What is medical
treatment?
In section 7 of the Mental Health Act 2014—
(a) after paragraph (c) insert—
"(ca) the administration of an approved
medicinal cannabis product within the
meaning of the Access to Medicinal
Cannabis Act 2016; or";
(b) in paragraph (d) for "(b) or (c)" substitute
"(b), (c) or (ca)".
149 Pharmacy Regulation Act 2010—Definitions
In section 3(1) of the Pharmacy Regulation
Act 2010 insert the following definitions—
"medicine includes an approved medicinal
cannabis product within the meaning of the
Access to Medicinal Cannabis Act 2016;
prescription includes a patient medicinal cannabis
access authorisation within the meaning of
the Access to Medicinal Cannabis
Act 2016;".
150 Pharmacy Regulation Act 2010—Disclosure of
information to other agencies
For section 107(1)(c) of the Pharmacy
Regulation Act 2010 substitute—
"(c) the Secretary, in relation to the
administration of—
(i) the Drugs, Poisons and Controlled
Substances Act 1981 and the
regulations made under that Act; and
-- 112 of 114 --
Part 14—Consequential amendments to other Acts and repeal of amending
Parts
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
107
Authorised by the Chief Parliamentary Counsel
(ii) the Access to Medicinal Cannabis
Act 2016 and the regulations made
under that Act;".
151 Prevention of Cruelty to Animals Act 1986—Cruelty
In section 9(1)(j) of the Prevention of Cruelty to
Animals Act 1986, after "1975" insert
", the Access to Medicinal Cannabis Act 2016".
Division 2—Repeal of amending Parts
152 Repeal of amending Parts
Part 13 and this Part are repealed on the first
anniversary of the first day on which all of the
provisions of this Act are in operation.
Note
The repeal of these Parts does not affect the continuing operation
of the amendments made by them (see section 15(1) of the
Interpretation of Legislation Act 1984).
═══════════════
-- 113 of 114 --
Endnotes
Access to Medicinal Cannabis Act 2016
No. 20 of 2016
108
Authorised by the Chief Parliamentary Counsel
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
† Minister's second reading speech—
Legislative Assembly: 10 December 2015
Legislative Council: 11 February 2016
The long title for the Bill for this Act was "A Bill for an Act to provide
for medicinal use of products derived from cannabis by establishing a
scheme for the lawful manufacture of those products and the lawful use of
those products by a limited class of Victorians, to consequentially amend
the Drugs, Poisons and Controlled Substances Act 1981 and to make
related amendments to certain other Acts and for other purposes."
-- 114 of 114 --