An Act to regulate distribution and use of medicinal cannabis in Queensland and to amend the Health Act 1937 and the Health (Drugs and Poisons) Regulation 1996 for particular purposes
The Parliament of Queensland enacts—
This Act may be cited as the Public Health (Medicinal Cannabis) Act 2016 .
This Act commences on a day to be fixed by proclamation.
(1)This Act binds all persons including the State and, as far as the legislative power of the Parliament permits, the Commonwealth and the other States.(2)Nothing in this Act makes the State, the Commonwealth or another State liable to be prosecuted for an offence against this Act.
The object of this Act is to provide for regulated access to medicinal cannabis in Queensland through—(a)the prescription of medicinal cannabis, under a system of medicinal cannabis approvals, by single-patient prescribers; and(b)the prescription of medicinal cannabis, without medicinal cannabis approvals, by patient-class prescribers.
The dictionary in schedule 1 defines particular words used in this Act.
6Meaning of medicinal cannabis
(1) Medicinal cannabis is a cannabis product that is—(a)not an approved good; and(b)used, or is intended by the manufacturer of the product to be used, for human therapeutic purposes.In this section—approved good means a registered good or a listed good under the Therapeutic Goods Act 1989 (Cwlth).
A cannabis product is any product—(a)that is or was any part of a plant of the genus Cannabis, whether living or dead; or(b)otherwise derived, wholly or in part, from any part of a plant of the genus Cannabis, whether living or dead; or(c)that has, or is intended by the manufacturer of the product to have, a pharmacological effect that is substantially similar to the pharmacological effect of a product mentioned in paragraph (a) or (b).
8References to particular terms relating to medicinal cannabis approvals
If a provision of this Act applies to, or in relation to, a medicinal cannabis approval—(a)a reference in the provision to ‘the single-patient prescriber’ is a reference to the single-patient prescriber that is the holder of the approval; and(b)a reference in the provision to ‘the patient’ is a reference to the patient of the single-patient prescriber to whom the approval applies; and(c)a reference in the provision to ‘the dispensing pharmacy’ is a reference to the dispensing pharmacy stated in the approval; and(d)a reference in the provision to ‘medicinal cannabis’ is a reference to the medicinal cannabis that is the subject of the approval.
In this part—application means the following applications made under chapter 3—(a)an original application for an approval;(b)an amendment application for an approval;(c)a replacement application for an approval;(d)a renewal application for an approval, other than a medicinal cannabis approval or a clinical trial approval.information requirement notice, for an application, means a notice—(a) given to the applicant by the chief executive; and(b) stating the information the chief executive reasonably considers is required from the applicant to decide the application.
10Suitability of person to hold approval
(1)In deciding whether a person is a suitable person to hold, or to continue to hold, an approval the chief executive may have regard to, and may make inquiries about, the following—(a)the person’s qualifications and experience;(b)the person’s character and standing;(c)the person’s criminal history but only to the extent it is relevant to the application;(d)whether the person engages, or has engaged, in conduct that risks, or is likely to risk, medicinal cannabis being used for a purpose that is unlawful under a law of a State or the Commonwealth;(e)the person’s knowledge and understanding of the applicant’s obligations under this Act;(f)whether the person, in the chief executive’s reasonable opinion, will be able to comply with—(i)this Act; and(ii)the conditions proposed to apply to the approval;(g)whether the person—(i)has held a similar instrument under a relevant law that was suspended, cancelled or had conditions imposed on it; or(ii)has been refused a similar instrument under a relevant law.(2)Subsection (1) does not limit the matters to which the chief executive may have regard in considering the suitability of the person to hold an approval.
11Suitability of patient to undergo treatment with medicinal cannabis
In deciding whether a patient is a suitable person to undergo treatment with medicinal cannabis under a medicinal cannabis approval, the chief executive may have regard to the following—(a)the information in the application for approval;(b)the patient’s personal circumstances;(c)the patient’s criminal history but only to the extent it is relevant to the application;(d)the advice of the expert advisory panel;(e)the advice of a specialist medical practitioner;(f)whether the patient, in the chief executive’s reasonable opinion, will be able to comply with—(i)this Act; and(ii)the conditions proposed to apply to the approval.
An application must be in the approved form, if any.
This division states particular matters relating to applications for medicinal cannabis approvals.
14Who may apply for medicinal cannabis approval
A medical practitioner may apply for an approval (a medicinal cannabis approval) to facilitate the treatment of a particular patient of the medical practitioner with medicinal cannabis.
15Requirements before making application for medicinal cannabis approval
(1)Before the applicant makes the application, the applicant must obtain, from a person with authority to consent to treatment of the patient with medicinal cannabis, written consent to—(a)treat the patient; and(b)make the application.(2)For subsection (1), if the patient is a person with authority to consent to the treatment, the applicant must obtain the consent of the patient.
16Opinion of specialist medical practitioner to accompany application
(1)This section applies if, before making the application, the applicant has obtained a written opinion from a specialist medical practitioner relating to the treatment of the patient with medicinal cannabis.(2)The applicant must include a copy of the opinion in the application.
This division states particular matters relating to applications for dispensing approvals.
18Who may apply for dispensing approval
A pharmacist may apply for an approval (a dispensing approval) to dispense medicinal cannabis.
This division states particular matters relating to applications for clinical trial approvals.
20Who may apply for clinical trial approval
A person may apply for an approval (a clinical trial approval) to include medicinal cannabis, or a type or form of medicinal cannabis, in, or as part of, a clinical trial.
21Consideration by the expert advisory panel
The chief executive may give all or part of an application, or the information contained in the application, to the expert advisory panel.
22Requirement to seek opinion of specialist medical practitioner
(1)The chief executive may require the applicant for a medicinal cannabis approval to seek, in writing, an opinion from a specialist medical practitioner in a specialty the chief executive reasonably considers is related to the medical condition or associated symptoms of the patient stated in the application.(2)The opinion mentioned in subsection (1) must relate to the appropriateness and effectiveness of treating the patient’s medical condition or associated symptoms with medicinal cannabis.(3)The applicant must—(a)obtain the written opinion; and(b)if the chief executive requests a copy of the written opinion—give a copy of the opinion to the chief executive.(4)The chief executive may exercise the powers under subsection (1) and (3)(b)—(a)as many times as the chief executive reasonably considers necessary for the purpose of deciding the application; and(b)despite the applicant being a specialist medical practitioner in a specialty related to the medical condition or associated symptoms of the patient; and(c)despite the applicant having already obtained, or provided to the chief executive, a written opinion of a specialist medical practitioner relating to the treatment of the patient with medicinal cannabis.
23Decision on application for approval
(1)The chief executive must consider an application and decide to—(a) grant the application; or(b)grant the application subject to conditions; or(c)refuse to grant the application.(2)If the chief executive decides to grant the application, the chief executive must—(a)if the application is for the grant of an approval—give the applicant the approval; or(b)if the application is an amendment application for an approval—(i) endorse the approval with the amendment; or(ii)cancel the approval and give the approval holder a new approval with the amendment; or(c) if the application is a replacement application for an approval—give the approval holder the replacement approval; or(d) if the application is a renewal application for an approval—give the approval holder the new approval.(3)If the chief executive decides to endorse or cancel an approval, the chief executive must, as soon as practicable, give the approval holder a notice requiring the approval holder to return the instrument for the approval.(4)The chief executive must give the applicant an information notice about the following decisions, as soon as practicable after the decision is made—(a)a decision to refuse to grant the application for the approval;(b) a decision to impose conditions on the approval, other than conditions sought by the applicant.
24Criteria for grant of medicinal cannabis approval
(1)When considering an application for a medicinal cannabis approval the chief executive may consider the following—(a)whether the applicant is a suitable person to hold the approval;(b)whether the patient is a suitable person to undergo treatment with medicinal cannabis;(c)the patient’s medical condition and associated symptoms of the medical condition;(d)the form and dosage of medicinal cannabis for which the applicant intends to give a lawful direction under the approval;(e)whether treatment with medicinal cannabis can be integrated into the patient’s existing medical treatment;(f)any opinion of a specialist medical practitioner given to the chief executive under section or ;(g)alternative treatments suitable for the patient’s medical condition or associated symptoms;(h)the patient’s history of drug dependence, if any, including current use of cannabis;(i)whether the medicinal cannabis to which the approval will apply—(i)has, or will be, manufactured or imported in accordance with the applicable law of the Commonwealth; and(ii)is, or will be, approved or authorised to be supplied, for the purpose of treating the patient, in accordance with the applicable law of the Commonwealth;(j)any other information in the application for the approval;(k)any other matters the chief executive reasonably considers relevant to deciding the application.(2)Without limiting subsection (1), the chief executive may grant a medicinal cannabis approval only if the chief executive is satisfied of the following matters—(a)the applicant is a suitable person to hold the approval;(b)the patient is a suitable person to undergo treatment with medicinal cannabis;(c)the medicinal cannabis to which the approval will apply—(i)has, or will be, manufactured or imported in accordance with the applicable law of the Commonwealth; and(ii)is, or will be, able to be supplied, for the purpose of treating the patient, in accordance with the applicable law of the Commonwealth.
25Criteria for grant or renewal of dispensing approval
(1)When considering an application for the grant or renewal of a dispensing approval the chief executive may consider the following—(a)whether the applicant is a suitable person to hold the approval;(b)the applicant’s familiarity with the use of medicinal cannabis for therapeutic purposes;(c)the location and facilities of the pharmacy from which the applicant intends to dispense medicinal cannabis;(d)any other information in the application for the approval;(e)any other matters the chief executive reasonably considers relevant to deciding the application.(2)Without limiting subsection (1), the chief executive may grant or renew a dispensing approval only if the chief executive is satisfied the applicant is a suitable person to hold the approval.
26Criteria for grant of clinical trial approval
(1)When considering an application for a clinical trial approval the chief executive may have regard to the following—(a)whether the applicant is a suitable person to hold the approval;(b)any approval required for the clinical trial under the Therapeutic Goods Act 1989 (Cwlth);(c)whether the medicinal cannabis to which the approval will apply has, or will be, manufactured or imported in accordance with the applicable law of the Commonwealth;(d)any other information in the application for the approval;(e)any other matters the chief executive reasonably considers relevant to deciding the application.(2)Without limiting subsection (1), the chief executive may grant a clinical trial approval only if the chief executive is satisfied—(a)the applicant is a suitable person to hold the approval; and(b)the medicinal cannabis to which the approval will apply has, or will be, manufactured or imported in accordance with the applicable law of the Commonwealth.
27Chief executive may require information or documents
(1)Before deciding an application for an approval, the chief executive may investigate the following—(a)the applicant;(b)for a medicinal cannabis approval—the patient.(2)The chief executive may give the applicant an information requirement notice—(a)for a renewal application—within 14 days after the chief executive receives the application; or(b)for another application—within 60 days after the chief executive receives the application.(3)The information requirement notice must state a reasonable period for compliance with the notice that is—(a)for a renewal application—at least 14 days after the giving of the notice; or(b)for another application—at least 30 days after the giving of the notice.(4)The information required under the information requirement notice must be verified by statutory declaration if the notice requires it.(5)The applicant is taken to have withdrawn the application if the applicant does not comply with the information requirement notice.
(1)The chief executive may ask the commissioner of police for a written report about the criminal history of an individual mentioned in section .(2)Also, the chief executive may ask the commissioner of police for a brief description of the circumstances of a conviction or charge mentioned in the individual’s criminal history.(3)For subsections (1) and (2), the chief executive’s request may include the following information—(a)the individual’s name and any other name the chief executive believes the individual may use or may have used;(b)the individual’s residential address;(c)the individual’s sex;(d)the individual’s date and place of birth.(4)After receiving the written report about the criminal history of the individual, the chief executive may request further information about the individual’s criminal history from the commissioner of police.(5)Further information requested under subsection (4) is taken to be part of the individual’s criminal history check.(6)Subject to subsection (7), the commissioner of police must comply with a request under this section.(7)The commissioner of police’s obligation to comply with the request applies only to information in the possession of the commissioner or to which the commissioner has access.
29Individuals for whom criminal history checks may be conducted
(1)The chief executive may conduct a criminal history check for the following individuals—(a)the applicant for an approval;(b)for an application for a medicinal cannabis approval—the patient stated in the application;(c)either of the following individuals if the chief executive knows, or reasonably suspects, the individual has been convicted of an offence that is relevant to the approval—(i)the approval holder;(ii)for a medicinal cannabis approval—the patient.(2)A regulation may prescribe a fee for a criminal history check payable by the person of whom the check is being conducted.
30Commissioner of police must notify changes in criminal history
(1)This section applies to an individual—(a)for whom a criminal history check has been conducted under section ; and(b)who is subsequently charged with an offence.(2)The commissioner of police must notify the chief executive about the change in the individual’s criminal history.(3)The notice must state the following—(a)the individual’s name and address;(b)the individual’s date of birth;(c)the offence the individual is charged with;(d)particulars of the offence;(e)the date of the charge.
31Application of Criminal Law (Rehabilitation of Offenders) Act 1986
The Criminal Law (Rehabilitation of Offenders) Act 1986 does not apply to a request, disclosure or notification made under this division.
32Chief executive may extend period for decision for complex application
(1)This section applies if the chief executive considers that, because of the complexity of the matters to be decided for an application, the chief executive needs extra time to consider the application.(2)The chief executive—(a)may extend the period for considering the application by the reasonable number of days the chief executive considers necessary to decide the application; and(b)must give the applicant notice of the day the extended period ends.
33Failure to decide application
(1)Subject to subsections (2) and (3), the chief executive is taken to have refused to grant an application for an approval if the chief executive fails to decide the application—(a)for an original application for an approval—within 90 days after the chief executive receives the application; or(b)for a renewal application for an approval—within 30 days after the chief executive receives the application; or(c) for another application for an approval—within 60 days after the chief executive receives the application.(2)If the chief executive has given the applicant an information requirement notice, a period mentioned in subsection (1) starts from the day the chief executive receives the information required under the information requirement notice.(3)If the chief executive has extended the period for deciding the application for the approval under section , the chief executive is taken to have refused to grant the application if the chief executive does not decide the application within the extended period.(4)If the chief executive is, under this section, taken to have refused to grant an application, the chief executive must give the applicant for the application an information notice for the deemed refusal.
34Standard conditions for approvals
(1)A regulation may prescribe the standard conditions that apply to an approval.(2)A regulation under subsection (1) may prescribe the standard conditions for an approval by reference to a code, guideline, protocol or standard relevant to the approval.
35Additional or varied conditions for approvals
(1)This section applies if the chief executive reasonably believes it is necessary for an additional or varied condition to apply to an approval.(2)The chief executive may—(a)impose additional conditions for the approval; or(b)vary a standard condition prescribed by regulation by stating the variation in the instrument for the approval.
An approval, other than a clinical trial approval, remains in force for the term, not more than 1 year, decided by the chief executive and stated in the approval, unless sooner cancelled, suspended or surrendered.
37Transfer of approvals prohibited
An approval can not be transferred.
38Form of medicinal cannabis approval
An instrument for a medicinal cannabis approval must—(a)be in the approved form; and(b)contain the following information—(i)the single-patient prescriber’s name and professional qualifications;(ii)the name and address of the business or entity in relation to which the single-patient prescriber practises medicine;(iii)the name, residential address and date of birth of the patient;(iv) the term of the approval;(v)the conditions applying to the approval;(vi)if a TGA approval approves or authorises the supply of the medicinal cannabis for the purpose of treating the patient—details of the TGA approval;(vii)the type, form, dosage and dispensing intervals of the medicinal cannabis for which a lawful direction may be given under the approval;(viii)the name and address of the dispensing pharmacy for the approval.
An instrument for a dispensing approval must—(a)be in the approved form; and(b)contain the following information—(i)the approved pharmacist’s name and professional qualifications; and(ii)the name and business address of the pharmacy from which the approved pharmacist is authorised to dispense medicinal cannabis;(iii)if another pharmacist is a secondary dispenser under the approval—the name, professional qualifications and address of the pharmacist;(iv)the term of the approval;(v)the conditions applying to the approval.
40Form of clinical trial approval
An instrument for a clinical trial approval must—(a)be in the approved form; and(b)contain the following information—(i)the approval holder’s name and professional qualifications; and(ii)details of any approval required for the clinical trial under the Therapeutic Goods Act 1989 (Cwlth); and(iii)the term of the approval;(iv)the conditions applying to the approval.
41Term of clinical trial approval
(1)A clinical trial approval remains in force for the term, not more than the trial period, decided by the chief executive and stated in the approval, unless sooner cancelled, suspended or surrendered.(2)In this section—trial period, in relation to a clinical trial approval, means the period required to complete the clinical trial under the approval.
An application for the amendment, replacement or renewal of an approval must be—(a)made to the chief executive; and(b)in the approved form.
43Process for deciding application
Subject to this chapter, an application for the amendment, replacement or renewal of an approval must be decided under part 1, division 5.
44Application by holder to amend approval
The holder of an approval may apply (an amendment application for the approval) to the chief executive to amend the approval in relation to the following—(a)the things the holder, or another person, is authorised to do under the approval;(b)for a medicinal cannabis approval—the treatment, or any aspect of the treatment, authorised under the approval;(c)the conditions applying to the approval, including a standard condition prescribed by regulation.
45Minor amendment of approval by chief executive
(1)The chief executive may decide to amend an approval, on the chief executive’s own initiative, if the amendment is only for—(a)a formal or clerical reason; or(b)another reason if the chief executive reasonably believes the amendment will not adversely affect the interests of a person to whom the approval applies.(2)The chief executive must give notice of the following to each person to whom the approval applies as soon as practicable after the chief executive decides to make the amendment—(a)the amendment decided by the chief executive;(b)the reason for the amendment;(c) if the chief executive decides to endorse the instrument for the approval—that the holder must return the instrument to the chief executive to be endorsed.
46Application for replacement of approval
The holder of an approval may apply (a replacement application for the approval) for the replacement of the approval if the instrument for the approval has been damaged, destroyed, lost or stolen.
47Criteria for deciding replacement application
The chief executive may grant the replacement application for the approval if the chief executive is reasonably satisfied the instrument for the approval has been damaged, destroyed, lost or stolen.
48Application for renewal of dispensing approval
(1)The holder of a dispensing approval may apply to the chief executive to renew the approval (a renewal application for the approval) within the period starting 60 days before the term of the approval ends.(2)Despite subsection (1), the chief executive may accept a renewal application for the approval made within 30 days after the term of the approval ends if the chief executive is satisfied it is reasonable to do so in the circumstances.
49Dispensing approval taken to be in force while renewal application considered
(1)This section applies if a renewal application for a dispensing approval is made before the approval expires.(2)The approval is taken to continue in force from the day that, apart from this section, the approval would have expired.(3)Subsection (2) applies until the application is—(a)decided under section ; or(b)taken to have been withdrawn under section .(4)However, if the application is refused, or taken to be refused under section , the approval continues in force until the information notice for the refusal is given to the applicant.(5)Subsection (2) does not apply if the approval is earlier suspended or cancelled under chapter 5, part 2.
50Return of instrument of approval
(1)This section applies if—(a)the chief executive gives a notice to an approval holder that requires the holder to return the original instrument for the approval to the chief executive; or(b)the approval holder receives a replacement instrument for the approval and subsequently finds the original instrument for the approval.(2)The approval holder must return the original instrument for the approval to the chief executive within 1 of the following periods, unless the holder has a reasonable excuse—(a)if the holder has received a notice from the chief executive—7 days after receiving the notice;(b)if the holder finds the original instrument for the approval—as soon as practicable after finding the instrument.Maximum penalty—20 penalty units.
51Authority subject to Act and approval
A person is authorised to perform an activity under this chapter only to the extent the person performs the activity—(a)in accordance with this Act; and(b)if an approval, or the conditions imposed on the approval, restricts or states the way in which the person must perform the activity—in accordance with the restriction or stated way; and(c)if a condition stated in a regulation made under section (1)(b) restricts or states the way in which the person must perform the activity—in accordance with the restriction or stated way.
52Prescription of medicinal cannabis other than under medicinal cannabis approval
(1)A regulation may prescribe—(a)a class of specialist medical practitioners who may prescribe medicinal cannabis under this Act; and(b)conditions applying to the way in which the class of specialist medical practitioners may exercise the authority given to them under this chapter.(2)The regulation may also prescribe—(a)the class of patients to whom a member of the class of specialist medical practitioners mentioned in subsection (1)(a) may prescribe medicinal cannabis; and(b)the type of medicinal cannabis with which a member of the class of specialist medical practitioners, mentioned in subsection (1)(a), may treat a member of the class of patients, mentioned in paragraph (a).(3)Without limiting subsection (1)(b), a condition may do either or both of the following—(a)require members of the class of specialist medical practitioners to comply with a stated code, guideline, protocol or standard;(b)require members of the class of specialist medical practitioners to notify the chief executive if a particular thing happens.
(1)If a patient-class prescriber is satisfied an eligible patient the patient-class prescriber is treating (the patient) needs eligible medicinal cannabis for therapeutic use as a part of the patient’s medical treatment, the patient-class prescriber is authorised to give a lawful direction for the—(a)issue or supply of eligible medicinal cannabis for the purpose of treating the patient; or(b)administration of eligible medicinal cannabis to the patient.(2)The patient-class prescriber is authorised to obtain and possess compliant eligible medicinal cannabis if the patient-class prescriber is temporarily possessing the medicinal cannabis—(a)until the patient can be treated with, or use, the medicinal cannabis; and(b)only for the purpose of treating the patient.(3)The patient-class prescriber is authorised to do the following in accordance with the lawful direction—(a)supply the medicinal cannabis to the patient;(b)issue the medicinal cannabis to a carer for the patient;(c)administer the medicinal cannabis to the patient.
(1)This section applies if a patient-class prescriber has given a lawful direction for the administration, issue or supply of eligible medicinal cannabis for the treatment of an eligible patient.(2)The patient is authorised to obtain, possess or self-administer compliant eligible medicinal cannabis in accordance with the lawful direction.(3)The patient is also authorised to issue the medicinal cannabis to the following persons—(a)the patient-class prescriber for the purpose of administering the medicinal cannabis to the patient;(b)a carer for the patient;(c)if section applies to the patient—a facilitator or a responsible person within the meaning of that section.
(1)A carer, for an eligible patient, is authorised to obtain and possess compliant eligible medicinal cannabis if the carer is temporarily possessing the medicinal cannabis—(a)until the patient can be treated with, or use, the medicinal cannabis; and(b)only for the purpose of treating the patient.(2)The carer is authorised to—(a)if the patient is able to self-administer the medicinal cannabis—supply the medicinal cannabis to the patient; or(b)administer the medicinal cannabis to the patient in accordance with a lawful direction for the medicinal cannabis; or(c)issue the medicinal cannabis to—(i)a patient-class prescriber for administration to the patient; or(ii)if section applies to the patient—a facilitator or a responsible person within the meaning of that section.
56Approved pharmacists and secondary dispensers
(1)An approved pharmacist is authorised to obtain eligible medicinal cannabis and possess the medicinal cannabis at the approved pharmacist’s dispensary if the approved pharmacist is possessing the medicinal cannabis for the purpose of—(a)selling or supplying the medicinal cannabis to eligible patients; or(b)selling or issuing the medicinal cannabis to carers for eligible patients or other persons authorised to obtain and possess the medicinal cannabis.(2)The approved pharmacist, when at the dispensary, is authorised to—(a)do the following in accordance with a lawful direction for eligible medicinal cannabis—(i)sell or supply eligible medicinal cannabis to eligible patients;(ii)sell or issue eligible medicinal cannabis to carers for eligible patients or other persons authorised to obtain and possess the medicinal cannabis; and(b)manufacture eligible medicinal cannabis within the meaning of schedule 1, definition manufacture, paragraph (a)(vi) to (viii).(3)If the approved pharmacist is not at the dispensary, the secondary dispenser under the dispensing approval is authorised to possess, sell, supply, issue and manufacture eligible medicinal cannabis in accordance with subsections (1) and (2) when at the dispensary.
(1)A single-patient prescriber, for a medicinal cannabis approval, is authorised to give a lawful direction for the—(a)issue or supply of the medicinal cannabis for the purpose of treating the patient; and(b)administration of the medicinal cannabis to the patient.(2)The single-patient prescriber is authorised to obtain and possess compliant medicinal cannabis if the single-patient prescriber is temporarily possessing the medicinal cannabis—(a)until the patient can be treated with, or use, the medicinal cannabis; and(b)only for the purpose of treating the patient.(3)The single-patient prescriber is authorised to do the following in accordance with the lawful direction—(a)supply the medicinal cannabis to the patient;(b)issue the medicinal cannabis to a carer for the patient;(c)administer the medicinal cannabis to the patient.
58Approved pharmacists and secondary dispensers
(1)An approved pharmacist, working in the dispensing pharmacy for a medicinal cannabis approval, is authorised to obtain medicinal cannabis and possess the medicinal cannabis at the dispensing pharmacy if the approved pharmacist is possessing the medicinal cannabis for the purpose of—(a)selling or supplying the medicinal cannabis to the patient; or(b)selling or issuing the medicinal cannabis to a carer for the patient or another person authorised to obtain and possess the medicinal cannabis.(2)The approved pharmacist, when at the dispensing pharmacy, is authorised to—(a)do the following in accordance with a lawful direction for the medicinal cannabis—(i)sell or supply the medicinal cannabis to the patient;(ii)sell or issue the medicinal cannabis to a carer for the patient or another person authorised to obtain and possess the medicinal cannabis; and(b)manufacture medicinal cannabis within the meaning of schedule 1, definition manufacture, paragraph (a)(vi) to (viii).(3)If the approved pharmacist is not at the dispensing pharmacy, the secondary dispenser under the dispensing approval is authorised to possess, sell, supply, issue and manufacture medicinal cannabis in accordance with subsections (1) and (2) when at the dispensing pharmacy.
(1)The patient for a medicinal cannabis approval is authorised to obtain, possess or self-administer compliant medicinal cannabis in accordance with a lawful direction for the medicinal cannabis.(2)The patient is authorised to issue compliant medicinal cannabis to the following persons—(a)the single-patient prescriber for the purpose of administering the medicinal cannabis to the patient;(b)a carer for the patient;(c)if section applies to the patient—a facilitator or a responsible person within the meaning of that section.
(1)A carer, for a patient to whom a medicinal cannabis approval applies, is authorised to obtain and possess compliant medicinal cannabis if the carer is temporarily possessing the medicinal cannabis—(a)until the patient can be treated with, or use, the medicinal cannabis; and(b)only for the purpose of treating the patient.(2)The carer is authorised to—(a)if the patient is able to self-administer the medicinal cannabis—supply the medicinal cannabis to the patient; or(b)administer the medicinal cannabis to the patient in accordance with a lawful direction for the medicinal cannabis; or(c)issue the medicinal cannabis to—(i)the single-patient prescriber for administration to the patient; or(ii)if section applies to the patient—a facilitator or a responsible person within the meaning of that section.
(1)This section applies if—(a)a patient is authorised to obtain, possess or self-administer compliant medicinal cannabis; and(b)the patient is not reasonably able to obtain, possess or self-administer the medicinal cannabis because of the patient’s age, medical condition or location; and(c)a carer for the patient is not reasonably able to administer or supply the medicinal cannabis to the patient because of the patient’s medical condition or location.1The patient is in a remote location and is not reasonably able to obtain compliant medicinal cannabis from a pharmacy.2The patient is not reasonably able to obtain, possess or self-administer compliant medicinal cannabis because the patient—(a)is in a hospital; or(b)is detained in a detention centre, prison, watch house or police establishment; or(c)lives in a nursing home; or(d)is in the care of an out-of-home care service.(2)A person (a facilitator) who is an adult, and who has regular access to the patient, is authorised to obtain and possess the medicinal cannabis if the facilitator is temporarily possessing the medicinal cannabis—(a)until the patient can be treated with, or use, the medicinal cannabis; and(b)only for the purpose of treating the patient.(3)The facilitator is authorised to—(a)if the patient is able to self-administer the medicinal cannabis—supply the medicinal cannabis to the patient; or(b)issue the medicinal cannabis to another facilitator, who is a health practitioner, a trainee health practitioner or a prescribed person treating the patient, for administration to the patient; or(c)if the facilitator is a health practitioner, a trainee health practitioner or a prescribed person treating the patient—administer the medicinal cannabis to the patient in accordance with a lawful direction for the medicinal cannabis.(4)If this section applies because the patient is in the care of an institution, a responsible person for the institution is authorised to—(a)obtain the medicinal cannabis and possess it at the premises of the institution while the patient is in the care of the institution; and(b)issue the medicinal cannabis to a facilitator, who works at the institution, for treatment of the patient.(5)If the facilitator is a trainee health practitioner, the facilitator must only administer the medicinal cannabis to the patient under the personal supervision of another facilitator who is a health practitioner treating the patient.(6)A regulation may prescribe conditions for the administration of medicinal cannabis by prescribed persons under this section.(7)In this section—controlled drug see the Health Act 1937, section 5.out-of-home care service means an entity mentioned in the Child Protection Act 1999 , section 82(1).prescribed person means a person who is a member of a class of persons prescribed by regulation for this section.responsible person, for an institution, means—(a)a person in charge of the institution; or(b)a person in charge of the provision of health care for the institution; or(c)a person in charge of dispensing controlled drugs for the institution.
(1)To the extent necessary to transport and deliver medicinal cannabis, the following persons are authorised to possess the medicinal cannabis—(a)a person engaged by a single-patient prescriber, a lawful manufacturer or the chief executive to transport and deliver medicinal cannabis that is the subject of a medicinal cannabis approval to—(i)the single-patient prescriber; or(ii)a dispensing pharmacy;(b)a person engaged to deliver eligible medicinal cannabis to a dispensary;(c)a person engaged by a patient, a carer for the patient or the chief executive to transport and deliver the medicinal cannabis to a facilitator, or a responsible person for an institution, with authority to deal with the medicinal cannabis under section ;(d)a person engaged by an authorised person, a State analyst or the chief executive to transport and deliver the medicinal cannabis to a person authorised to possess the medicinal cannabis;(e)an adult acting for a person who is engaged under paragraphs (a) to (d) to transport and deliver the medicinal cannabis.(2)In this section—lawful manufacturer means a person who is, in accordance with the applicable law of the Commonwealth, authorised to manufacture medicinal cannabis.patient means—(a)a patient to whom a medicinal cannabis approval applies; or(b)a person being treated with eligible medicinal cannabis in accordance with a lawful direction of a patient-class prescriber.
To the extent necessary to perform an authorised person’s official duties, an authorised person is authorised—(a)to obtain medicinal cannabis; or(b)to possess medicinal cannabis; or(c)in a disaster or emergency situation—to destroy medicinal cannabis.
(1)To the extent necessary to perform a State analyst’s official duties, a State analyst is authorised to—(a)obtain medicinal cannabis; or(b)possess medicinal cannabis at the place where the analyst is performing official duties; or(c)use medicinal cannabis for official purposes or destroy it.(2)A trainee State analyst under the personal supervision of a State analyst is authorised to—(a)obtain medicinal cannabis; or(b)possess medicinal cannabis at the place where the trainee is performing official duties; or(c)use medicinal cannabis for official purposes or destroy it.
65State forensic and scientific service facilities
(1)To the extent necessary to perform the person’s official duties, the person in charge of a forensic and scientific facility operated by the State is authorised to—(a)possess medicinal cannabis; or(b)destroy medicinal cannabis.(2)The person in charge may delegate the authority to an appropriately qualified officer of the department.
(1)A person is authorised to possess, obtain, dispense, issue, supply, sell, administer or self-administer medicinal cannabis approved for use in an approved clinical trial under a clinical trial approval.(2)A medical practitioner is authorised to give a lawful direction for medicinal cannabis approved for use in an approved clinical trial under a clinical trial approval.(3)The authority mentioned in subsections (1) and (2) must only be exercised—(a)to the extent necessary for carrying out the trial; and(b)for the purpose of treating a patient taking part in the trial with the medicinal cannabis; and(c)in accordance with—(i)the clinical trial approval; and(ii)any approval required for the clinical trial under the Therapeutic Goods Act 1989 (Cwlth); and(iii)in relation to the dispensing, supplying or administration of medicinal cannabis to a patient, or the obtaining, possession and self-administration of medicinal cannabis by the patient—a lawful direction given in relation to the patient under subsection (2).
67Use of instruments or things to administer medicinal cannabis
(1)This section applies to a person who is authorised under this chapter to administer medicinal cannabis or self-administer medicinal cannabis.(2)For the purpose of administering or self-administering the medicinal cannabis, the person is authorised to use—(a)for medicinal cannabis that is the subject of a medicinal cannabis approval—any instrument or thing, used for administering medicinal cannabis, stated in the approval; or(b)for eligible medicinal cannabis—(i)if a condition stated in a regulation made under section (1)(b) states or restricts the instruments or things that may be used to administer or self-administer the medicinal cannabis—an instrument or thing that complies with the condition; or(ii)otherwise—any instrument or thing used for administering medicinal cannabis.
68Regulation may prescribe authority
(1)An eligible person is authorised to deal with medicinal cannabis—(a)in a way (an authorised way) prescribed by regulation for the class of persons of which the person is a member; and(b)subject to any conditions prescribed by regulation for the authorised way or the class of persons.(2)Without limiting subsection (1)(b), a condition may do either or both of the following—(a)require an eligible person to comply with a stated code, guideline, protocol or standard;(b)require an eligible person to notify the chief executive if a particular thing happens.(3)In this section—eligible person means a person who is a member of any of the following classes of persons—(a)health practitioners;(b)trainee health practitioners;(c)a class of persons prescribed by regulation—(i)who are persons required to deal with medicinal cannabis in the course of their occupation or engagement in an institution or a Hospital and Health Service; or(ii)who otherwise deal with medicinal cannabis.Hospital and Health Service means a Hospital and Health Service established under the Hospital and Health Boards Act 2011 .
69What is a medicinal cannabis management plan
A medicinal cannabis management plan, for an entity, is a document that sets out a plan for managing known and foreseeable risks associated with the entity, or a person employed or engaged by the entity, performing an activity (the relevant activity) that—(a)involves medicinal cannabis; and(b)the entity or person is authorised to perform under this Act.
70What must be included in plan
(1)A medicinal cannabis management plan for an entity must state the following—(a)the day on which the plan starts;(b)the relevant activity to be performed by the entity or person;(c)the location where the medicinal cannabis will be stored or used to perform the relevant activity;(d)details of the known or foreseeable risks associated with the medicinal cannabis and the relevant activity;(e)the measures to be taken to manage the risks mentioned in paragraph (d);(f)the way in which the effectiveness of the plan will be monitored;(g)the persons to whom the plan applies;(h)the information, training and instruction to be provided to the persons to whom the plan applies, including the way in which the persons are informed of changes to the plan;(i)when and how the plan must be reviewed;(j)the individual responsible for making, implementing and reviewing the plan.(2)The medicinal cannabis management plan must—(a)be written in a way likely to be understood easily by persons to whom the plan applies; and(b)be signed by the individual mentioned in subsection (1)(j).(3)A medicinal cannabis management plan may deal with more than 1 relevant activity.(4)A regulation may prescribe additional matters to be dealt with in a medicinal cannabis management plan, including, for example—(a)the minimum standards or performance indicators to be included in a plan to deliver particular risk management outcomes; and(b)the minimum requirements for reviewing a plan.
(1)Each of the following entities must make a medicinal cannabis management plan—(a)a single-patient prescriber if the single-patient prescriber is required, as a condition of the single-patient prescriber’s medicinal cannabis approval, to make a medicinal cannabis management plan;(b)a patient-class prescriber if the patient-class prescriber—(i)prescribes or administers medicinal cannabis under chapter 4, part 2; and(ii)is required, under a condition in a regulation made under section (1)(b), to make a medicinal cannabis management plan;(c)an approved pharmacist if the pharmacist is required, as a condition of the pharmacist’s dispensing approval, to make a medicinal cannabis management plan;(d)if a responsible person for an institution is intending to exercise the authority mentioned in section (4)—the responsible person.(2)A regulation may prescribe additional entities that must make medicinal cannabis management plans for dealing with particular relevant activities.
(1)An entity required to make a medicinal cannabis management plan to perform a relevant activity must make the plan before the activity is performed.Maximum penalty—500 penalty units.
(2)The entity must notify the chief executive, in the approved form, of the following matters as soon as practicable after the medicinal cannabis management plan has been made—(a)when the medicinal cannabis management plan starts;(b)when the relevant activity dealt with by the plan will be performed for the first time.Maximum penalty—50 penalty units.
73Persons to be informed of plan
An entity that has made a medicinal cannabis management plan must take reasonable steps to—(a)inform persons to whom the plan applies about the contents of the plan; and(b)ensure those persons comply with the plan.Maximum penalty—200 penalty units.
An entity that has made a medicinal cannabis management plan must review the plan—(a)in accordance with the terms of the plan; and(b)in accordance with any requirements prescribed by regulation; and(c)not more than 5 years after the day the plan starts.Maximum penalty—200 penalty units.
75Offence for failure to comply with plan
(1)A person to whom a medicinal cannabis management plan applies must comply with the plan, unless the person has a reasonable excuse.Maximum penalty—100 penalty units.
(2)In a proceeding for an offence against subsection (1), it is a defence for the person to prove the person—(a)was not informed about the contents of the medicinal cannabis management plan; or(b)took all reasonable steps to comply with the plan.
In this part—administrative action, in relation to an approval, means—(a)suspension of the approval; or(b)cancellation of the approval; or(c)variation of the approval; or(d)imposition of conditions on the approval.
77Grounds for action to be taken
Each of the following is a ground for the chief executive to take administrative action in relation to an approval—(a)the approval holder has contravened this Act or a condition of the approval;(b)for a medicinal cannabis approval—(i)the chief executive reasonably believes the administrative action is necessary to ensure the welfare of the patient; or(ii)the patient or a carer for the patient has contravened this Act or a condition of the approval applying to the patient or the carer; or(iii)the patient is not, or is no longer, suitable to undergo treatment with medicinal cannabis;(c) the chief executive believes the administrative action is necessary to prevent or minimise a diversion risk or a substance risk;(d) the approval holder is not, or is no longer, suitable to hold the approval;(e)any of the following persons made a materially false or misleading representation or declaration to obtain the approval—(i)generally—the approval holder; or(ii)for a medicinal cannabis approval— a carer for the patient or a person with authority to consent to the patient’s treatment with medicinal cannabis.
(1)This section applies if—(a) the chief executive reasonably believes a ground exists to take administrative action in relation to an approval; and(b)the approval holder—(i)has been given a compliance notice about the matter to which the ground relates and the holder has failed, without reasonable excuse, to comply with the notice; or(ii)has not been given, and it is not intended to give the holder, a compliance notice about the matter to which the ground relates.(2)The chief executive must give the approval holder a notice under this section (a show cause notice).(3)The show cause notice must state the following—(a) the administrative action (the proposed action) in relation to the approval the chief executive proposes to take;(b)the grounds for the proposed action;(c) an outline of the facts and circumstances forming the basis for the grounds;(d)if the proposed action is a suspension of the approval—the proposed suspension period;(e)if the proposed action is a variation of the approval—details of the variation;(f) if the proposed action is the imposition of conditions—details of the conditions;(g)an invitation to the approval holder to show within a stated period (the show cause period) why the proposed action should not be taken.(4) The show cause period must be a period ending not less than 21 days after the show cause notice is given to the approval holder.
79Representations about show cause notices
(1)The approval holder may make written representations to the chief executive about the show cause notice given to the holder within the show cause period for the notice.(2)The chief executive must consider all representations (the accepted representations) made under subsection (1).
80Ending show cause process without further action
(1) This section applies if, after considering the accepted representations from the approval holder for the show cause notice, the chief executive no longer believes a ground exists to take administrative action in relation to the approval.(2)The chief executive must not take any further action about the show cause notice.(3)The chief executive must give notice to the holder that no further action is to be taken about the show cause notice.
81Decision to take administrative action
(1)This section applies if, after considering the accepted representations from the approval holder for the show cause notice, the chief executive—(a) still reasonably believes a ground exists to take administrative action in relation to the approval; and(b)reasonably believes the administrative action is warranted.(2) This section also applies if there are no accepted representations for the show cause notice.(3) The chief executive may decide—(a) if the proposed action stated in the show cause notice was to suspend the approval for a stated period—to suspend the approval for no longer than the stated period; or(b) if the proposed action stated in the show cause notice was to cancel the approval—to either cancel the approval or suspend it for a period; or(c)if the proposed action stated in the show cause notice was to vary the approval—to either vary the approval as proposed or vary the approval in a less onerous way; or(d)if the proposed action stated in the show cause notice was to impose conditions on the approval—to either impose the conditions proposed or impose less onerous conditions on the approval.(4) As soon as practicable after making the decision, the chief executive must give an information notice about the decision to the approval holder.(5) The decision takes effect on—(a) the day the information notice is given to the holder; or(b)if a later day of effect is stated in the information notice—the later day.
82Immediate administrative action
(1)The chief executive may decide to immediately take administrative action in relation to an approval if the chief executive reasonably believes—(a)a ground exists to take the administrative action in relation to the approval; and(b)it is necessary to take the administrative action immediately because there is an imminent and serious risk to the life, health or safety of a person.(2)The administrative action in relation to the approval—(a) takes effect when both of the following notices are given to the approval holder—(i)a show cause notice for the administrative action;(ii) an information notice for the chief executive’s decision to take the action; and(b)continues in effect until the earliest of the following—(i)the chief executive decides to stop the administrative action;(ii) the show cause notice is finally dealt with;(iii)60 days after the day the notices were given to the holder.
83Additional power for immediate amendment or cancellation of medicinal cannabis approval
(1)The chief executive may also decide to—(a)amend a medicinal cannabis approval immediately if—(i)the chief executive is reasonably satisfied the immediate amendment is reasonably necessary in the circumstances; or(ii)the expert advisory panel recommends the immediate amendment of the approval; or(b)cancel a medicinal cannabis approval immediately if the chief executive is reasonably satisfied—(i)the approval holder (the first approval holder) has ceased to treat the patient to whom the approval relates; and(ii)it is reasonably necessary, for the welfare of the patient, for the chief executive to urgently give a medicinal cannabis approval that relates to the patient to a person other than the first approval holder.(2)The amendment or cancellation takes effect on—(a)the day an information notice for the chief executive’s decision is given to the approval holder; or(b)if a later day of effect is stated in the information notice—the later day.(3)For subsection (1)(b)(i), the chief executive may be reasonably satisfied the first approval holder has ceased to treat a patient, whether or not the chief executive has regard to—(a)the reason the treatment ceased; or(b)when the holder last treated the patient.
84Chief executive to give notice of administrative action to boards
(1)This section applies if—(a)the chief executive takes administrative action in relation to an approval; and(b)the profession in which the approval holder is registered has a board.(2)The chief executive must, as soon as practicable after taking the administrative action, give written notice about the administrative action to the approval holder’s board.
85Chief executive may inform boards about particular matters
(1)This section applies if—(a)the chief executive reasonably believes—(i)the holder of an approval, or a patient-class prescriber, has committed an offence against this Act: or(ii)a ground exists to take administrative action in relation to an approval; and(b)the profession in which the approval holder, or the patient-class prescriber, is registered has a board.(2)The chief executive may give information about the belief, including the grounds for the belief, to the board.
(1)This section applies if the chief executive or an authorised person reasonably believes—(a)a person (the contravener) has contravened a provision of this Act or a condition of an approval in circumstances that make it likely the contravention will continue or be repeated; and(b) a matter relating to the contravention is reasonably capable of being rectified; and(c)it is appropriate to give the contravener an opportunity to rectify the matter.(2)The chief executive or authorised person may give the contravener a notice (a compliance notice) requiring the contravener to rectify the matter.Failure to comply with a compliance notice is an offence under section .
87Content of compliance notice
The compliance notice must state the following—(a)that the chief executive or authorised person reasonably believes the contravener has contravened a provision of this Act or a condition of an approval in circumstances that make it likely the contravention will continue or be repeated;(b)the provision or condition the chief executive or authorised person believes has been contravened;(c)briefly, how it is believed the provision or condition has been contravened;(d) the matter relating to the contravention that the chief executive or authorised person believes is reasonably capable of being rectified;(e)the reasonable steps the contravener must take to rectify the matter;(f) that the contravener must take the steps within a stated period that is reasonable, having regard to any diversion risks or substance risks posed by the contravention;(g)that it is an offence to fail to comply with the compliance notice unless the contravener has a reasonable excuse.
88Chief executive to keep register
The chief executive must keep a register about—(a)approvals; and(b)administrative action taken in relation to persons who hold, or have held, approvals.
89Content of register—approvals
The register must contain the following particulars for each approval—(a)any identification number allocated to the approval;(b)the name of the approval holder;(c)for a medicinal cannabis approval—the name of—(i)the patient; and(ii)the dispensing pharmacy; and(d)for a dispensing approval—the name of any secondary dispenser for the approval;(e)the type of the approval;(f)the term of the approval;(g)the conditions applying to the approval.
90Content of register—administrative action
The register must contain the following particulars for each person in relation to whom administrative action has been taken—(a)the name of the person;(b)a general description of the administrative action taken in relation to the person.
91Register not to be made public
(1)The register must not be made available to the public.(2)If asked by the commissioner of the police service, the chief executive may give the commissioner information contained in the register.
92Offence to perform regulated activities for medicinal cannabis
(1)A person must not—(a)perform, or attempt to perform, a regulated activity for medicinal cannabis; or(b)agree to perform, or otherwise offer to perform, a regulated activity for medicinal cannabis.Maximum penalty—750 penalty units.
(2)A person does not commit an offence against subsection (1) if the person—(a)is authorised to perform the regulated activity under this Act or another Act; or(b)if the regulated activity is manufacturing medicinal cannabis—is, in accordance with the applicable law of the Commonwealth, authorised to manufacture medicinal cannabis; or(c)has a reasonable excuse.(3)For subsection (1), the following are immaterial—(a)the quantity of medicinal cannabis involved in the regulated activity;(b)if the regulated activity involves the interaction of two or more persons—whether or not—(i)the persons are in the same place at the same time; or(ii)the interaction is by indirect means such as the internet, email, phone, fax, mail order or a vending machine;(c)in relation to a regulated activity other than possession of medicinal cannabis—whether or not the person performing the regulated activity is authorised to possess medicinal cannabis.(4)In this section—regulated activity, for medicinal cannabis, means—(a)giving, or purporting to give, a lawful direction for medicinal cannabis; or(b)possessing medicinal cannabis; or(c)obtaining medicinal cannabis; or(d)manufacturing medicinal cannabis; or(e)issuing, supplying or selling medicinal cannabis; or(f)administering or self-administering medicinal cannabis; or(g)destroying medicinal cannabis; or(h)otherwise disposing of medicinal cannabis as waste.
93Misuse of lawful direction for medicinal cannabis
(1)A person must not obtain, or attempt to obtain, medicinal cannabis by using 1 or more of the following documents—(a)a document the person has prepared, if the person is not a single-patient prescriber or a patient-class prescriber;(b)a document the person knows has been prepared by someone who is not a single-patient prescriber or a patient-class prescriber;(c)a written lawful direction the person knows falsely states the name or residential address of the patient to be treated under the lawful direction;(d)a written lawful direction the person knows has been changed in any way by someone other than—(i)the single-patient prescriber, or patient-class prescriber, for the lawful direction; or(ii)a pharmacist authorised to dispense medicinal cannabis for the lawful direction.Maximum penalty—100 penalty units.
(2)The following persons must not prepare a written lawful direction for medicinal cannabis in the person’s own name, unless the person has a reasonable excuse—(a)a single-patient prescriber;(b)a patient-class prescriber.Maximum penalty—100 penalty units.
(3)A person must not change a written lawful direction for medicinal cannabis in any way, unless the person is—(a)the single-patient prescriber, or patient-class prescriber, for the lawful direction; or(b)a pharmacist authorised to dispense medicinal cannabis for the lawful direction.Maximum penalty—100 penalty units.
(4)A person does not commit an offence against subsection (3) if the person—(a)accidentally makes a change to the lawful direction; and(b)takes reasonable steps to rectify the change.(5)In this section—single-patient prescriber, for a lawful direction, means the single-patient prescriber who prepared the lawful direction in accordance with this Act and the medicinal cannabis approval for the medicinal cannabis.patient-class prescriber, for a lawful direction, means the patient-class prescriber who prepared the lawful direction in accordance with this Act.
94Offence for false or misleading statements or documents
A person must not state anything, or give a document containing information, the person knows is false or misleading in a material particular—(a)in relation to—(i)an application for an approval under this Act; or(ii)an application for the amendment, replacement or renewal of an approval under this Act; or(iii)a response to a request for information under this Act from the chief executive; or(b)for the purpose of obtaining a lawful direction for medicinal cannabis.Maximum penalty—50 penalty units.
95Offence for failure to comply with approval conditions
A person must comply with the conditions of an approval that apply to the person, unless the person has a reasonable excuse.Maximum penalty—200 penalty units.
96Offence for failure to comply with compliance notice
A person given a compliance notice must comply with the notice, unless the person has a reasonable excuse.Maximum penalty—200 penalty units.
See chapter 5, part 3 about when the chief executive or an authorised person may give a compliance notice.
97Offence for failure to comply with recall order
A person to whom the requirements of a recall order apply must comply with the requirements, unless the person has a reasonable excuse.Maximum penalty—500 penalty units.
See chapter 7, part 6, division 1 about the making of recall orders by the chief executive.
98State officers not liable for an offence
(1)Nothing in this chapter makes the following persons liable for an offence for an act done, or omission made, honestly and without negligence, in the performance of the person’s function under this Act or another law—(a) an authorised person;(b)a State analyst or trainee State analyst;(c)a person employed or engaged by a forensic and scientific facility operated by the State;(d)a person authorised by another law to deal with medicinal cannabis in performing the person’s functions under that law.a drug control officer within the meaning of the Police Powers and Responsibilities Act 2000, section 726 or the Corrective Services Act 2006, section 344B(2) In this section—function includes power and responsibility.
99Authorised persons under chapter
This chapter includes provision for the appointment of authorised persons, and gives authorised persons particular powers.
100Functions of authorised persons
An authorised person has the following functions—(a)to investigate, monitor and enforce compliance with this Act;(b)to investigate or monitor whether an occasion has arisen for the exercise of powers under this Act;(c)to facilitate the exercise of powers under this Act.
101Appointment and qualifications
(1)The chief executive may, by instrument in writing, appoint any of the following persons as authorised persons—(a)a public service employee;(b)other persons prescribed by regulation.(2)However, the chief executive may appoint a person as an authorised person only if the chief executive is satisfied the person is appropriately qualified.
102Appointment conditions and limit on powers
(1)An authorised person holds office on any conditions stated in—(a)the authorised person’s instrument of appointment; or(b)a signed notice given to the authorised person; or(c)a regulation.(2)The instrument of appointment, a signed notice given to the authorised person or a regulation may limit the authorised person’s powers.(3)In this section—signed notice means a notice signed by the chief executive.
(1)The office of a person as an authorised person ends if any of the following happens—(a)the term of office stated in a condition of office ends;(b)under another condition of office, the office ends;(c)the authorised person’s resignation under section takes effect.(2)Subsection (1) does not limit the ways the office of a person as an authorised person ends.(3)In this section—condition of office means a condition under which the authorised person holds office.
An authorised person may resign by signed notice given to the chief executive.
(1)The chief executive must issue an identity card to each authorised person.(2)The identity card must—(a)contain a recent photo of the authorised person; and(b)contain a copy of the authorised person’s signature; and(c)identify the person as an authorised person under this Act; and(d)state an expiry date for the card.(3)This section does not prevent the issue of a single identity card to a person for this Act and other purposes.
106Production or display of identity card
(1)In exercising a power in relation to a person in the person’s presence, an authorised person must—(a)produce the authorised person’s identity card for the person’s inspection before exercising the power; or(b)have the identity card displayed so it is clearly visible to the person when exercising the power.(2)However, if it is not practicable to comply with subsection (1), the authorised person must produce the identity card for the person’s inspection at the first reasonable opportunity.(3)For subsection (1), an authorised person does not exercise a power in relation to a person only because the authorised person has entered a place as mentioned in section (1)(b) or (d).
If the office of a person as an authorised person ends, the person must return the person’s identity card to the chief executive within 21 days after the office ends unless the person has a reasonable excuse.Maximum penalty—20 penalty units.
108References to exercise of powers
If—(a)a provision of this chapter refers to the exercise of a power by an authorised person; and(b)there is no reference to a specific power;the reference is to the exercise of all or any authorised persons’ powers under this chapter or a warrant, to the extent the powers are relevant.
109Reference to document includes reference to reproductions from electronic document
A reference in this chapter to a document includes a reference to an image or writing—(a)produced from an electronic document; or(b)not yet produced, but reasonably capable of being produced, from an electronic document, with or without the aid of another article or device.
110General power to enter places
(1)An authorised person may enter a place if—(a)an occupier at the place consents under division 2 to the entry and section has been complied with for the occupier; or(b)it is a public place and the entry is made when the place is open to the public; or(c)the entry is authorised under a warrant and, if there is an occupier of the place, section has been complied with for the occupier; or(d)the place is a dispensary, or the address of the business or entity in relation to which a single-patient prescriber or a patient-class prescriber practices medicine, and is—(i)open for carrying on business; or(ii)otherwise open for entry; or(iii)required to be open for inspection under this Act or an approval; or(e)the entry is authorised under section .(2)For subsection (1)(d) and (e), entry to a place does not include entry to a part of the place where a person resides without the person’s consent or a warrant.(3)If the power to enter arose only because an occupier of the place consented to the entry, the power is subject to any conditions of the consent and ceases if the consent is withdrawn.(4)The consent may provide consent for re-entry and is subject to the conditions of consent.(5)If the power to enter is under a warrant, the power is subject to the terms of the warrant.(6)If the power to re-enter is under a warrant, the re-entry is subject to the terms of the warrant.
111Power to enter place to check compliance with notice or order
(1)This section applies if a person has been given a compliance notice or recall order in relation to medicinal cannabis at a place.(2)An authorised person may, at reasonable times, enter the place to check whether the compliance notice or recall order has been complied with.1See, however, the restrictions on entry under section (2).2See section for the procedure for entry under this section.
This division applies if an authorised person intends to ask an occupier of a place to consent to the authorised person or another authorised person entering the place.
113Incidental entry to ask for access
For the purpose of asking the occupier for the consent, an authorised person may, without the occupier’s consent or a warrant—(a)enter land around premises at the place to an extent that is reasonable to contact the occupier; or(b)enter part of the place the authorised person reasonably considers members of the public ordinarily are allowed to enter when they wish to contact an occupier of the place.
114Matters authorised person must tell occupier
Before asking for the consent, the authorised person must give a reasonable explanation to the occupier—(a)about the purpose of the entry, including the powers intended to be exercised; and(b)that the occupier is not required to consent; and(c)that the consent may be given subject to conditions and may be withdrawn at any time.
(1)If the consent is given, the authorised person may ask the occupier to sign an acknowledgement of the consent.(2)The acknowledgement must state—(a)the purpose of the entry, including the powers to be exercised; and(b)the following has been explained to the occupier—(i)the purpose of the entry, including the powers intended to be exercised;(ii)that the occupier is not required to consent;(iii)that the consent may be given subject to conditions and may be withdrawn at any time; and(c)the occupier gives the authorised person or another authorised person consent to enter the place and exercise the powers; and(d)the time and day the consent was given; and(e)any conditions of the consent.(3)If the occupier signs the acknowledgement, the authorised person must immediately give a copy to the occupier.(4)If—(a)an issue arises in a proceeding about whether the occupier consented to the entry; and(b)a signed acknowledgement complying with subsection (2) for the entry is not produced in evidence;the onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented.
(1)This section applies to an authorised person intending to enter a place under section .(2)The authorised person must, before entering the place, make a reasonable attempt to locate an occupier and obtain the occupier’s consent to the entry.See division 2 about entry by consent.(3)If the occupier refuses consent to enter, the authorised person must not enter the place unless the entry is under a warrant.(4)If the authorised person is unable to locate an occupier after making a reasonable attempt to do so, the authorised person may enter the place.(5)If the authorised person enters the place after being unable to locate an occupier, the authorised person must leave a notice in a conspicuous position and in a reasonably secure way stating the date, time and purpose of the entry.
(1)An authorised person may apply to a magistrate for a warrant for a place.(2)The authorised person must prepare a written application that states the grounds on which the warrant is sought.(3)The written application must be sworn.(4)The magistrate may refuse to consider the application until the authorised person gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.The magistrate may require additional information supporting the written application to be given by statutory declaration.
(1)The magistrate may issue the warrant for the place only if the magistrate is satisfied there are reasonable grounds for suspecting that there is at the place, or will be at the place within the next 7 days, a particular thing or activity that may provide evidence of an offence against this Act.(2)The warrant must state—(a)the place to which the warrant applies; and(b)that an authorised person may with necessary and reasonable help and force—(i)enter the place and any other place necessary for entry to the place; and(ii)exercise the authorised person’s powers; and(c)particulars of the offence that the magistrate considers appropriate; and(d)the name of the person suspected of having committed the offence unless the name is unknown or the magistrate considers it inappropriate to state the name; and(e)the evidence that may be seized under the warrant; and(f)the hours of the day or night when the place may be entered; and(g)the magistrate’s name; and(h)the day and time of the warrant’s issue; and(i)the day, within 14 days after the warrant’s issue, the warrant ends, unless the warrant allows for re-entry of a place under subsection (3).(3)If the warrant relates to a diversion risk or a substance risk for medicinal cannabis, the warrant may also state that an authorised person may enter the place again to check compliance with a disposal order for the medicinal cannabis issued as a result of the authorised person’s entry of the place under the warrant.(4)To the extent that the warrant allows for the re-entry of a place as mentioned in subsection (3), it expires on—(a)the day that is 7 days after the expiration of the period stated in the disposal order for completing the steps stated in the order; or(b)if an earlier day is stipulated in the warrant, that day.
(1)An application under section may be made by phone, fax, email, radio, videoconferencing or another form of electronic communication if the authorised person reasonably considers it necessary because of—(a)urgent circumstances; or(b)other special circumstances, including, for example, the authorised person’s remote location.(2)The application—(a)may not be made before the authorised person prepares the written application under section (2); but(b)may be made before the written application is sworn.
120Additional procedure if electronic application
(1)For an application made under section , the magistrate may issue the warrant (the original warrant) only if the magistrate is satisfied—(a)it was necessary to make the application under section ; and(b)the way the application was made under section was appropriate.(2)After the magistrate issues the original warrant—(a)if there is a reasonably practicable way of immediately giving a copy of the warrant to the authorised person, including, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the authorised person; or(b)otherwise—(i)the magistrate must tell the authorised person the information mentioned in section (2); and(ii)the authorised person must complete a form of warrant, including by writing on it the information mentioned in section (2) provided by the magistrate.(3)The copy of the warrant mentioned in subsection (2)(a), or the form of warrant completed under subsection (2)(b) (in either case the duplicate warrant), is a duplicate of, and as effectual as, the original warrant.(4)The authorised person must, at the first reasonable opportunity, send to the magistrate—(a)the written application complying with section (2) and (3); and(b)if the authorised person completed a form of warrant under subsection (2)(b), the completed form of warrant.(5)The magistrate must keep the original warrant and, on receiving the documents under subsection (4)—(a)attach the documents to the original warrant; and(b)give the original warrant and documents to the clerk of the court of the relevant magistrates court.(6)Despite subsection (3), if—(a)an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and(b)the original warrant is not produced in evidence;the onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a warrant authorised the exercise of the power.(7)This section does not limit section .(8)In this section—relevant magistrates court, in relation to a magistrate, means the Magistrates Court that the magistrate constitutes under the Magistrates Act 1991 .
121Defect in relation to a warrant
(1)A warrant is not invalidated by a defect in—(a)the warrant; or(b)compliance with this subdivision;unless the defect affects the substance of the warrant in a material particular.(2)In this section—warrant includes a duplicate warrant mentioned in section (3).
(1)This section applies if an authorised person is intending to enter a place under a warrant issued under this division.(2)Before entering the place, the authorised person must do or make a reasonable attempt to do the following things—(a)identify himself or herself to a person who is an occupier of the place and is present by producing the authorised person’s identity card or another document evidencing the authorised person’s appointment;(b)give the person a copy of the warrant;(c)tell the person the authorised person is permitted by the warrant to enter the place;(d)give the person an opportunity to allow the authorised person immediate entry to the place without using force.(3)However, the authorised person need not comply with subsection (2) if the authorised person believes on reasonable grounds that entry to the place without compliance is required to ensure the execution of the warrant is not frustrated.(4)In this section—warrant includes a duplicate warrant mentioned in section (3).
This division applies if an authorised person reasonably suspects, or is aware, that a thing in or on a vehicle may provide evidence of the commission of an offence against this Act.
(1)If the vehicle is moving, the authorised person may, to exercise his or her powers, signal or otherwise direct the person in control of the vehicle to stop the vehicle and to bring the vehicle to, and keep it at, a convenient place within a reasonable distance to allow the authorised person to exercise the powers.(2)If the vehicle is stopped, the authorised person may direct the person in control of the vehicle—(a)not to move it until the authorised person has exercised the authorised person’s powers; or(b)to move the vehicle to, and keep it at, a stated reasonable place to allow the authorised person to exercise the powers.(3)When giving the direction under subsection (2), the authorised person must give the person in control an offence warning for the direction.
125Identification requirements if vehicle moving
(1)This section applies if the authorised person proposes to give a direction under section (1) and the vehicle is moving.(2)The authorised person must clearly identify himself or herself as an authorised person exercising the authorised person’s powers.1If the authorised person is in a moving vehicle, he or she may use a loudhailer to identify himself or herself as an authorised person exercising powers.2If the authorised person is standing at the side of the road, he or she may use a sign to identify himself or herself as an authorised person exercising powers.(3)When the vehicle stops, the authorised person must—(a)have with him or her the authorised person’s identity card; and(b)immediately produce the identity card for the inspection of the person in control of the vehicle.(4)Subsection (3) applies despite section .
126Failure to comply with direction
(1)The person in control of the vehicle must comply with a direction under section unless the person has a reasonable excuse.Maximum penalty—50 penalty units.
(2)It is a reasonable excuse for the person not to comply with a direction if—(a)the vehicle was moving and the authorised person did not comply with section ; or(b)to comply immediately would have endangered someone else or caused loss or damage to property, and the person complies as soon as it is practicable to do so.(3)Subsection (2) does not limit subsection (1).(4)A person does not commit an offence against subsection (1) if—(a)the direction the person fails to comply with is given under section (2); and(b)the person is not given an offence warning for the direction.
(1) The powers under this division may be exercised if an authorised person enters a place under section (1)(a), (c), (d) or (e).(2)However, if the authorised person enters under section (1)(a), (c) or (e), the powers under this division are subject to any conditions of the consent or terms of the warrant.
(1)The authorised person may do any of the following (each a general power)—(a)search any part of the place;(b)inspect, examine or film any part of the place or anything at the place;(c) take for examination a thing, or a sample of or from a thing, at the place;(d)place an identifying mark in or on anything at the place;(e) take an extract from, or copy, a document at the place, or take the document to another place to copy;(f)produce an image or writing at the place from an electronic document or, to the extent it is not practicable, take a thing containing an electronic document to another place to produce an image or writing;(g)take to, into or onto the place and use any person, equipment and materials the authorised person reasonably requires for exercising the authorised person’s powers under this division;(h)remain at the place for the time necessary to achieve the purpose of the entry.(2)The authorised person may take a necessary step to allow the exercise of a general power.(3)If the authorised person takes a document from the place to copy it, the authorised person must copy the document and return it to the place as soon as practicable.(4)If the authorised person takes from the place an article or device reasonably capable of producing a document from an electronic document to produce the document, the authorised person must produce the document and return the article or device to the place as soon as practicable.(5)In this section—examine includes analyse, test, account, measure, weigh, grade, gauge and identify.film includes photograph, videotape and record an image in another way.inspect, a thing, includes open the thing and examine its contents.
129Power to require reasonable help
(1)The authorised person may make a requirement (a help requirement) of an occupier of the place or a person at the place to give the authorised person reasonable help to exercise a general power, including, for example, to produce a document or to give information.(2)When making the help requirement, the authorised person must give the person an offence warning for the requirement.
130Offence to contravene help requirement
(1)A person of whom a help requirement has been made must comply with the requirement unless the person has a reasonable excuse.Maximum penalty—50 penalty units.
(2)It is a reasonable excuse for an individual not to comply with a help requirement if complying might tend to incriminate the individual or expose the individual to a penalty.(3)However, subsection (2) does not apply if a document or information the subject of the help requirement is required to be held or kept by the defendant under this Act.See, however, section .
131Seizing evidence at a place that may be entered without consent or warrant
An authorised person who enters a place the authorised person may enter under this Act without the consent of an occupier of the place and without a warrant may seize a thing at the place if the authorised person reasonably believes the thing is evidence of an offence against this Act.
132Seizing evidence at a place that may be entered only with consent or warrant
(1)This section applies if—(a)an authorised person is authorised to enter a place only with the consent of an occupier of the place or a warrant; and(b)the authorised person enters the place after obtaining the consent or under a warrant.(2)If the authorised person enters the place with the occupier’s consent, the authorised person may seize a thing at the place only if—(a)the authorised person reasonably believes the thing is evidence of an offence against this Act; and(b)seizure of the thing is consistent with the purpose of entry as explained to the occupier when asking for the occupier’s consent.(3)If the authorised person enters the place under a warrant, the authorised person may seize the evidence for which the warrant was issued.(4)The authorised person may also seize anything else at the place if the authorised person reasonably believes—(a)the thing is evidence of an offence against this Act; and(b)the seizure is necessary to prevent the thing being hidden, lost or destroyed.(5)The authorised person may also seize a thing at the place if the authorised person reasonably believes it has just been used in committing an offence against this Act.
133Seizure of property subject to security
(1)An authorised person may seize a thing, and exercise powers relating to the thing, despite a lien or other security over the thing claimed by another person.(2)However, the seizure does not affect the other person’s claim to the lien or other security against a person other than the authorised person or a person acting for the authorised person.
134Power to secure seized thing
(1)Having seized a thing under this division, an authorised person may—(a)leave it at the place where it was seized (the place of seizure) and take reasonable action to restrict access to it; or(b)move it from the place of seizure.(2)For subsection (1)(a), the authorised person may, for example—(a)seal the thing, or the entrance to the place of seizure, and mark the thing or place to show access to the thing or place is restricted; or(b)for equipment—make it inoperable; ormake it inoperable by dismantling it or removing a component without which the equipment can not be used(c)require a person the authorised person reasonably believes is in control of the place or thing to do an act mentioned in paragraph (a) or (b) or anything else an authorised person could do under subsection (1)(a).
135Offence to contravene other seizure requirement
A person must comply with a requirement made of the person under section (2)(c) unless the person has a reasonable excuse.Maximum penalty—100 penalty units.
(1)If access to a seized thing is restricted under section , a person must not tamper with the thing or with anything used to restrict access to the thing without—(a)an authorised person’s approval; or(b)a reasonable excuse.Maximum penalty—100 penalty units.
(2)If access to a place is restricted under section , a person must not enter the place in contravention of the restriction or tamper with anything used to restrict access to the place without—(a)an authorised person’s approval; or(b)a reasonable excuse.Maximum penalty—100 penalty units.
137Receipt and information notice for seized thing
(1)This section applies if an authorised person seizes anything under this division unless—(a)the authorised person reasonably believes there is no-one apparently in possession of the thing or it has been abandoned; or(b)because of the condition, nature and value of the thing it would be unreasonable to require the authorised person to comply with this section.(2)The authorised person must, as soon as practicable after seizing the thing, give an owner or person in control of the thing before it was seized—(a)a receipt for the thing that generally describes the thing and its condition; and(b)an information notice about the decision to seize it.(3)However, if an owner or person from whom the thing is seized is not present when it is seized, the receipt and information notice may be given by leaving them in a conspicuous position and in a reasonably secure way at the place at which the thing is seized.(4)The receipt and information notice may—(a)be given in the same document; and(b)relate to more than 1 seized thing.(5)The authorised person may delay giving the receipt and information notice if the authorised person reasonably suspects giving them may frustrate or otherwise hinder an investigation by the authorised person under this chapter.(6)However, the delay may be only for so long as the authorised person continues to have the reasonable suspicion and remains in the vicinity of the place at which the thing was seized to keep it under observation.
(1)Until a seized thing is forfeited or returned, the authorised person who seized the thing must allow an owner of the thing—(a)to inspect it at any reasonable time and from time to time; and(b)if it is a document—to copy it.(2)Subsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.(3)The inspection or copying must be allowed free of charge.
(1)This section applies if a seized thing is not—(a)forfeited or transferred under subdivision 4 or 5; or(b)subject to a disposal order under division 4.(2)As soon as the chief executive stops being satisfied there are reasonable grounds for retaining the thing, the chief executive must return it to its owner.(3)If the thing is not returned to its owner within 3 months after it was seized, the owner may apply to the chief executive for its return.(4)Within 30 days after receiving the application, the chief executive must—(a)if the chief executive is satisfied there are reasonable grounds for retaining the thing and decides to retain it—give the owner notice of the decision, including the grounds for retaining the thing; or(b)otherwise—return the thing to the owner.(5)For this section, there are reasonable grounds for retaining a seized thing if—(a)the thing is being, or is likely to be, examined; or(b)the thing is needed, or may be needed, for the purposes of—(i)a proceeding for an offence against this Act that is likely to be started or that has been started but not completed; or(ii)an appeal from a decision in a proceeding for an offence against this Act; or(c)it is not lawful for the owner to possess the thing.(6)Subsection (5) does not limit the grounds that may be reasonable grounds for retaining the seized thing.(7)Nothing in this section affects a lien or other security over the seized thing.(8)In this section—examine includes analyse, test, measure, weigh, grade, gauge and identify.
140Forfeiture by chief executive decision
(1)The chief executive may decide a seized thing is forfeited to the State if an authorised person—(a)after making reasonable inquiries, can not find an owner; or(b)after making reasonable efforts, can not return it to an owner; or(c)reasonably believes it is necessary to keep the thing to prevent it being used to commit the offence for which it was seized.(2)However, the authorised person is not required to—(a)make inquiries if it would be unreasonable to make inquiries to find an owner; or(b)make efforts if it would be unreasonable to make efforts to return the thing to an owner.The owner of the thing has migrated to another country.(3)Regard must be had to the thing’s condition, nature and value in deciding—(a)whether it is reasonable to make inquiries or efforts; and(b)if inquiries or efforts are made—what inquiries or efforts, including the period over which they are made, are reasonable.
141Information notice about forfeiture decision
(1)If the chief executive decides under section (1) to forfeit a thing, the chief executive must as soon as practicable give a person who owned the thing immediately before the forfeiture (the former owner) an information notice about the decision.(2)If the decision was made under section (1)(a) or (b), the information notice may be given by leaving it at the place where the thing was seized, in a conspicuous position and in a reasonably secure way.(3)The information notice must state that the former owner may apply for a stay of the decision if he or she appeals against the decision.(4)However, subsections (1) to (3) do not apply if—(a)the decision was made under section (1)(a) or (b); and(b)the place where the thing was seized is—(i)a public place; or(ii)a place where the notice is unlikely to be read by the former owner.
142When thing becomes property of the State
A thing becomes the property of the State if—(a)the thing is forfeited to the State under section (1); or(b)the owner of the thing and the State agree, in writing, to the transfer of the ownership of the thing to the State.
143How property may be dealt with
(1)This section applies if, under section , a thing becomes the property of the State.(2)The chief executive may deal with the thing as the chief executive considers appropriate, including, for example, by destroying it or giving it away.(3)The chief executive must not deal with the thing in a way that could prejudice the outcome of an appeal against the forfeiture under this chapter.(4)If the chief executive sells the thing, the chief executive may, after deducting the costs of the sale, return the proceeds of the sale to the former owner of the thing.(5)This section is subject to any disposal order made for the thing.
(1)This section applies if a person is convicted of an offence against this Act.(2)The court may make an order (a disposal order), on its own initiative or on an application by the prosecution, for the disposal of any of the following things owned by the person—(a)anything that was the subject of, or used to commit, the offence;(b)another thing the court considers is likely to be used by the person or another person in committing a further offence against this Act.(3)The court may make a disposal order for a thing—(a)whether or not it has been seized under this Act; and(b)if the thing has been seized—whether or not it has been returned to the former owner.(4)In deciding whether to make a disposal order for a thing, the court—(a)may require notice to be given to anyone the court considers appropriate, including, for example, any person who may have any property in the thing; and(b)must hear any submissions that any person claiming to have any property in the thing may wish to make.(5)The court may make any order to enforce the disposal order that it considers appropriate.(6)This section does not limit the court’s powers under another law.
145Power to require name and address
(1)This section applies if an authorised person—(a)finds a person committing an offence against this Act; or(b)finds a person in circumstances that lead the authorised person to reasonably suspect the person has just committed an offence against this Act; or(c)has information that leads the authorised person to reasonably suspect a person has just committed an offence against this Act.(2)The authorised person may require the person to state the person’s name and residential address.(3)The authorised person may also require the person to give evidence of the correctness of the stated name or address if, in the circumstances, it would be reasonable to expect the person to—(a)be in possession of evidence of the correctness of the stated name or address; or(b)otherwise be able to give the evidence.(4)When making a personal details requirement, the authorised person must give the person an offence warning for the requirement.(5)A requirement under this section is a personal details requirement.
146Offence to contravene personal details requirement
(1)A person of whom a personal details requirement has been made must comply with the requirement unless the person has a reasonable excuse.Maximum penalty—50 penalty units.
(2)A person may not be convicted of an offence under subsection (1) unless the person is found guilty of the offence in relation to which the personal details requirement was made.
147Power to require production of document
(1)An authorised person may require a person to make available for inspection by an authorised person, or to produce to the authorised person for inspection, at a reasonable time and place nominated by the authorised person—(a)a document issued to the person under this Act; or(b)a document required to be kept by the person under this Act; or(c)if a document or information required to be kept by the person under this Act is stored or recorded by means of a device—a document that is a clear written reproduction of the stored or recorded document or information.(2)A requirement under subsection (1) is a document production requirement.(3)For an electronic document, compliance with the document production requirement requires the making available or production of a clear written reproduction of the electronic document.(4)The authorised person may keep the document to copy it.(5)If the authorised person copies the document, or an entry in the document, the authorised person may require the person responsible for keeping the document to certify the copy as a true copy of the document or entry.(6)A requirement under subsection (5) is a document certification requirement.(7)The authorised person must return the document to the person as soon as practicable after copying it.(8)However, if a document certification requirement is made of a person, the authorised person may keep the document until the person complies with the requirement.
148Offence to contravene document production requirement
(1)A person of whom a document production requirement has been made must comply with the requirement unless the person has a reasonable excuse.Maximum penalty—50 penalty units.
(2)It is not a reasonable excuse for a person to fail to comply with a document production requirement on the basis that complying with the requirement might tend to incriminate the person or expose the person to a penalty.See, however, section .(3)The authorised person must inform the person, in a way that is reasonable in the circumstances—(a)that the person must comply with the document production requirement even though complying might tend to incriminate the person or expose the person to a penalty; and(b)that, under section , there is a limited immunity against the future use of the information or document given in compliance with the requirement.(4)If the person fails to comply with the document production requirement when the authorised person has failed to comply with subsection (3), the person can not be convicted of the offence against subsection (1).(5)If a court convicts a person of an offence against subsection (1), the court may, as well as imposing a penalty for the offence, order the person to comply with the document production requirement.
149Offence to contravene document certification requirement
(1)A person of whom a document certification requirement has been made must comply with the requirement unless the person has a reasonable excuse.Maximum penalty—50 penalty units.
(2)It is not a reasonable excuse for a person to fail to comply with a document certification requirement on the basis that complying with the requirement might tend to incriminate the person or expose the person to a penalty.See, however, section .(3)The authorised person must inform the person, in a way that is reasonable in the circumstances—(a)that the person must comply with the document certification requirement even though complying might tend to incriminate the person or expose the person to a penalty; and(b)that, under section , there is a limited immunity against the future use of the information or document given in compliance with the requirement.(4)If the person fails to comply with the document certification requirement when the authorised person has failed to comply with subsection (3), the person can not be convicted of the offence against subsection (1).
150Power to require information
(1)This section applies if an authorised person reasonably believes—(a)an offence against this Act has been committed; and(b)a person may be able to give information about the offence.(2)The authorised person may, by notice given to the person, require the person to give the authorised person information related to the offence at a stated reasonable time and place.(3)A requirement under subsection (2) is an information requirement.(4)For information that is an electronic document, compliance with the information requirement requires the giving of a clear image or written version of the electronic document.(5)In this section—information includes a document.
151Offence to contravene information requirement
(1)A person of whom an information requirement is made must comply with the requirement unless the person has a reasonable excuse.Maximum penalty—50 penalty units.
(2)It is a reasonable excuse for an individual not to give the information if giving the information might tend to incriminate the individual or expose the individual to a penalty.
152Power to remove or reduce risk stated in warrant
(1)This section applies if—(a)an authorised person enters a place after obtaining a warrant; and(b)the warrant authorises the authorised person to exercise powers under this division.(2)The authorised person may take the steps necessary in the circumstances to remove or reduce a diversion risk or substance risk related to medicinal cannabis, or to prevent the diversion risk or substance risk from recurring, including seizing a thing.See also division 2 which provides for the general powers available to an authorised person after entering a place.
153Chief executive may approve laboratory
The chief executive may approve a laboratory to analyse things taken under this Act if the chief executive is satisfied the laboratory has the resources and expertise to conduct the analysis.
(1)If an authorised person takes a thing for analysis under this Act, the authorised person must as soon as practicable give it to a State analyst for analysis.(2)If a State analyst receives a thing for analysis under subsection (1), the State analyst must as soon as practicable—(a)analyse the thing; or(b)give the thing to an approved laboratory for analysis.(3)If the State analyst analyses the thing, the State analyst must, as soon as practicable after analysing it—(a)complete a certificate of analysis for it; and(b)give the certificate to the authorised person who took the thing for analysis.(4)If an approved laboratory analyses the thing, the State analyst must, as soon as practicable after it is analysed—(a)obtain a certificate of analysis for it from the approved laboratory; and(b)give the certificate to the authorised person who took the thing for analysis.
155Certificate must indicate method used
The certificate of analysis must include information about the method used to conduct the analysis.
156Duty to avoid inconvenience and minimise damage
In exercising a power, an authorised person must take all reasonable steps to cause as little inconvenience, and do as little damage, as possible.See also section .
(1)This section applies if—(a)an authorised person damages something when exercising, or purporting to exercise, a power; or(b)a person (the assistant) acting under the direction or authority of an authorised person damages something.(2)However, this section does not apply to damage the authorised person reasonably considers is trivial or if the authorised person reasonably believes—(a)there is no-one apparently in possession of the thing; or(b)the thing has been abandoned.(3)The authorised person must give notice of the damage to a person who appears to the authorised person to be an owner, or person in control, of the thing.(4)However, if for any reason it is not practicable to comply with subsection (3), the authorised person must—(a)leave the notice at the place where the damage happened; and(b)ensure it is left in a conspicuous position and in a reasonably secure way.(5)The authorised person may delay complying with subsection (3) or (4) if the authorised person reasonably suspects complying with the subsection may frustrate or otherwise hinder the performance of the authorised person’s functions.(6)The delay may be only for so long as the authorised person continues to have the reasonable suspicion and remains in the vicinity of the place.(7)If the authorised person believes the damage was caused by a latent defect in the thing or other circumstances beyond the control of the authorised person or the assistant, the authorised person may state the belief in the notice.(8)The notice must state—(a)particulars of the damage; and(b)that the person who suffered the damage may claim compensation under section .
(1)A person may claim compensation from the State if the person incurs loss because of the exercise, or purported exercise, of a power by or for an authorised person including a loss arising from compliance with a requirement made of the person under part 3, division 3, 4 or 5.(2)The compensation may be claimed and ordered in a proceeding—(a)brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or(b)for an alleged offence against this Act the investigation of which gave rise to the claim for compensation.(3)A court may order the payment of compensation only if it is satisfied it is just to make the order in the circumstances of the particular case.(4)In considering whether it is just to order compensation, the court must have regard to—(a)any relevant offence committed by the claimant; and(b)whether the loss arose from a lawful seizure or lawful forfeiture.(5)A regulation may prescribe other matters that may, or must, be taken into account by the court when considering whether it is just to order compensation.(6)Section does not provide for a statutory right of compensation other than as provided by this section.(7)In this section—loss includes costs and damage.
159Giving authorised person false or misleading information
(1)A person must not, in relation to the administration of this Act, give an authorised person information the person knows is false or misleading in a material particular.Maximum penalty—50 penalty units.
(2)Subsection (1) applies to information given in relation to the administration of this Act whether or not the information was given in response to a specific power under this Act.(3)Subsection (1) does not apply to a person if the person, when giving information in a document—(a)tells the authorised person, to the best of the person’s ability, how the document is false or misleading; and(b)if the person has, or can reasonably obtain, the correct information—gives the correct information.
160Obstructing authorised person
(1)A person must not obstruct an authorised person exercising a power, or someone helping an authorised person exercising a power, unless the person has a reasonable excuse.Maximum penalty—100 penalty units.
(2)If a person has obstructed an authorised person, or someone helping an authorised person, and the authorised person decides to proceed with the exercise of the power, the authorised person must warn the person that—(a)it is an offence to cause an obstruction unless the person has a reasonable excuse; and(b)the authorised person considers the person’s conduct an obstruction.(3)In this section—obstruct includes assault, hinder, resist, attempt to obstruct and threaten to obstruct.
161Impersonating authorised person
A person must not impersonate an authorised person.Maximum penalty—100 penalty units.
162Evidential immunity for individuals complying with particular requirements
(1)Subsection (2) applies if an individual gives or produces information or a document to an authorised person under section or .(2)Evidence of the information or document, and other evidence directly or indirectly derived from the information or document, is not admissible against the individual in any proceeding to the extent it tends to incriminate the individual, or expose the individual to a penalty, in the proceeding.(3)Subsection (2) does not apply to a proceeding about the false or misleading nature of the information or anything in the document or in which the false or misleading nature of the information or document is relevant evidence.
163Chief executive may make recall order
(1)This section applies if the chief executive reasonably considers a form or type of medicinal cannabis poses a substance risk.(2)The chief executive may make a written order (a recall order) that—(a)is directed to a stated person (the responsible person) who is authorised under this Act to dispense or give a lawful direction for medicinal cannabis; and(b)requires a stated product that is, or contains, the medicinal cannabis to be recalled from use or distribution by the responsible person.(3)Without limiting subsection (1), the chief executive may make a recall order for a product if the chief executive considers the order is necessary to prevent or minimise harm to persons because—(a)the labelling, or instruction for use, of the product is inaccurate; or(b)the packaging of the product is not sufficiently secure having regard to the nature of the product; or(c)the product is not safe or effective when used in accordance with the instruction for the use of the product.Failure to comply with a recall order is an offence under section .
164Notice required for making recall order
(1)The chief executive must do the following before making the recall order—(a)give notice to the responsible person for the order that the chief executive intends to make the order and the reasons for making the order;(b)give the responsible person a copy of the proposed order;(c)invite the responsible person to show cause why the chief executive should not make the proposed order.(2)However, if the chief executive reasonably considers the recall order must be made immediately to prevent significant and imminent harm to a person, the chief executive may make the order without complying with subsection (1).(3)If subsection (2) applies, the chief executive must do the following as soon as practicable, and no later than 48 hours, after the recall order is made—(a)give a copy of the order to the responsible person for the order;(b)advise the responsible person by notice about the reasons for making the order;(c)invite the responsible person to show cause why the chief executive should revoke the order.(4)A responsible person for a recall order may make written submissions to the chief executive within 7 days after receiving the notice, or notice and order, from the chief executive.(5)The chief executive must consider any written submissions made by the responsible person under subsection (4) before making, or deciding whether to revoke, the recall order.
165Decision about recall order
(1)This section applies if, after considering any written submissions made by the responsible person under section (4), the chief executive decides—(a)to make a recall order; or(b) not to revoke a recall order.(2)The chief executive must give the responsible person—(a)a copy of the recall order; and(b)an information notice for the decision to make, or not revoke, the recall order.
166Notifying public about recall order
Information that is sufficient to alert the public about the potential harm identified in the recall order must be published on the department’s website.
(1)The recall order must state the following—(a) the reasons for the recall of the stated product;(b) what the responsible person for the order must do to recall the product from use;(c) the reasonable period for which the order is in effect.(2)Without limiting subsection (1), a recall order for a stated product may state the responsible person for the order must do any of the following—(a) stop the sale, issue or supply of the product;(b)take reasonable steps to recover the product from another person;(c) isolate or destroy the product;(d) repackage or relabel the product;(e)publish warnings about the product.
(1)The responsible person for a recall order is liable for any cost incurred in relation to complying with the order.(2) The recall order remains in force for the period stated in the order unless it is sooner revoked by the chief executive.
(1)The Minister or chief executive may make or issue a public statement identifying and giving warnings or information about any of the following—(a)notification action being taken and persons who have committed contraventions of this Act;(b) practices regulated under a relevant law that, in the reasonable opinion of the Minister or chief executive, are unlawful;(c)offences committed against a relevant law and the person or persons who committed the offences.(2)The statement may identify particular contraventions, practices, offences and persons.(3) The Minister or chief executive must not make or issue a statement under this section unless satisfied—(a)it is in the public interest to do so; and(b)a public statement or warning has not been released, or is not about to be released, under another process that is more appropriate to the circumstances.(4)Without limiting subsection (3)(a), it is in the public interest if the Minister or chief executive considers that the statement is necessary to prevent or minimise a substance risk for medicinal cannabis.(5) In this section—notification action means a recall order, compliance notice or show cause notice.relevant law includes the Therapeutic Goods Act 1989 (Cwlth).
There is to be a panel of experts to assist the chief executive (the expert advisory panel) in the administration of the Act.
The expert advisory panel must—(a)at the request of the chief executive—(i)provide advice, and make recommendations, to the chief executive regarding applications for approvals; and(ii)make recommendations about current or proposed research related to the therapeutic use of cannabis products; and(b)undertake ongoing monitoring of—(i)the use of medicinal cannabis in Queensland; and(ii)research related to the therapeutic use of cannabis products; and(iii)advancements and developments in the field.
(1)The chief executive may—(a)appoint members of the expert advisory panel; and(b)revise the membership of the panel by adding, or removing, panel members.(2)The chief executive may appoint members under subsection (1)(a) on a permanent or temporary basis.(3)In appointing a person as a member of the expert advisory panel, the chief executive must have regard to the person’s experience and expertise related to the manufacture and use of cannabis products for therapeutic purposes, including, for example, experience and expertise in the following areas—(a)science or medicine;(b)justice and law;(c)ethics, culture or sociology;(d)agriculture.
173Remuneration and appointment conditions of members
(1)A member is entitled to be paid the remuneration and allowances, if any, decided by the chief executive.(2)The member otherwise holds office on the terms and conditions, not provided by this Act, that are decided by the chief executive.
174Resignation and removal of members
(1)A person is no longer a member of the expert advisory panel if the person—(a)resigns by signed notice given to the chief executive; or(b)is removed from office by the chief executive under subsection (2).(2)The chief executive may at any time remove a member from the panel for any reason or none.
(1)The chief executive must appoint 1 member to be the chairperson of the expert advisory panel (the chairperson).(2)The chairperson holds office for the term decided by the chief executive.(3)However, a vacancy occurs in the office of chairperson if the person holding the office—(a)resigns from the office by signed notice given to the chief executive; or(b)stops being a member of the panel.(4)A person resigning the office of chairperson may continue to be a member of the panel.
(1)The chief executive must appoint 1 member to be the deputy chairperson of the expert advisory panel (the deputy chairperson).(2)The deputy chairperson holds office for the term decided by the chief executive.(3)However, a vacancy occurs in the office of deputy chairperson if the person holding the office—(a)resigns from the office by signed notice given to the chief executive; or(b)stops being a member of the panel.(4)A person resigning the office of deputy chairperson may continue to be a member of the panel.(5)The deputy chairperson may act as chairperson during—(a)a vacancy in the office of chairperson; or(b)a period the chairperson is absent from duty.
177Conduct of operations and proceedings
Subject to this part, the expert advisory panel may conduct its operations and proceedings, including its meetings, as it considers appropriate.
(1)The chairperson may, with the agreement of the chief executive, establish 1 or more working groups to assist the expert advisory panel in performing its functions.(2)The chairperson may decide on the membership and functions of a working group established under subsection (1).
In this chapter—internal review application means an application made to the chief executive under section .internal review decision see section (1)(b).original decision means a decision made under this Act other than a decision to impose 1 or more of the following conditions on a medicinal cannabis approval—(a)a condition about the way in which the medicinal cannabis is to be dispensed, sold, administered or self-administered under the approval;(b)a condition about the making of lawful directions for the medicinal cannabis;(c)a condition requiring the single-patient prescriber to, at stated times, examine the patient or conduct tests in relation to the patient—(i)to ensure the medicinal cannabis is being used in the way the single-patient prescriber has directed; or(ii)to detect the use of other drugs or poisons by the patient, or the presence of other drugs or poisons in the patient.
180External review or appeal process starts with internal review
A person may not apply to QCAT for review of an original decision or appeal against an original decision to the court unless the person has applied for an internal review of the decision under this chapter.
181Who may apply for internal review
(1)A person who is given, or is entitled to be given, an information notice for an original decision may apply to the chief executive for an internal review of the decision under this chapter.(2)A person who has not been given, but is entitled to be given, an information notice for an original decision may ask the chief executive for an information notice for the decision.(3)The failure by the chief executive to give a person an information notice for an original decision does not limit or otherwise affect the person’s right to apply for a review of the decision under subsection (1).
182Internal review application
(1)An internal review application must be—(a)in the approved form; and(b)supported by enough information to enable the chief executive to decide the application; and(c)made within 14 days after the applicant is given the information notice for the original decision the subject of the application.(2)However, the chief executive may, at any time, extend the time for making an internal review application.
183Stay of operation of original decision
(1)An internal review application does not stay the original decision the subject of the application.(2)However, the applicant may immediately apply to a reviewing body for a stay of the original decision.(3)The reviewing body may stay the original decision to secure the effectiveness of the internal review and a later appeal to a court or external review by QCAT.(4)The stay—(a)may be given on conditions the reviewing body considers appropriate; and(b)operates for the period fixed by the reviewing body; and(c)may be amended or revoked by the reviewing body.(5)The period of the stay must not extend past the time when the chief executive makes an internal review decision about the original decision and any later period the reviewing body allows the applicant to enable the applicant to appeal against, or apply for an external review of, the internal review decision.(6)An internal review application affects the original decision, or carrying out of the decision, only if the decision is stayed.(7)In this section—reviewing body means—(a)for an original decision to seize or forfeit a thing—the court; or(b)for another original decision—QCAT.
(1)The chief executive must, within 28 days after receiving an internal review application—(a)conduct an internal review of the original decision; and(b)make a decision (the internal review decision) to—(i)confirm the original decision; or(ii)amend the original decision; or(iii)substitute another decision for the original decision.(2)The application must be dealt with by—(a)a person who is not the person who made the original decision; and(b)a person in a more senior office than the person who made the original decision.(3)Subsection (2)—(a)applies despite the Acts Interpretation Act 1954, section 27A; and(b)does not apply to an original decision made by the chief executive personally.(4)If the internal review decision confirms the original decision, for the purpose of an appeal or external review, the original decision is taken to be the internal review decision.(5)If the internal review decision amends the original decision, for the purpose of an appeal or external review, the original decision as amended is taken to be the internal review decision.
185Notice of internal review decision
(1)The chief executive must, within 14 days after making the internal review decision for an internal review application, give notice of the decision to the applicant for the application.(2)If the internal review decision is not the decision sought by the applicant, the notice must—(a)for an internal review of an original decision to seize or forfeit a thing—state the following—(i)the day the notice is given to the applicant;(ii)the reason for the internal review decision;(iii)that the applicant may, within 28 days after the notice is given, appeal against the internal review decision to the court;(iv)how to appeal the internal review decision;(v)that the applicant may apply to the court for a stay of the internal review decision; or(b)for an internal review of another original decision—be accompanied by an information notice for the internal review decision.(3)If the chief executive does not give the notice within the 14 days, the chief executive is taken to have made an internal review decision confirming the original decision.
186Who may apply for external review
A person given, or entitled to be given, an information notice for the internal review decision under this Act may apply, as provided under the QCAT Act, to QCAT for an external review of the decision.
A person who has applied for an internal review of an original decision to seize or forfeit a thing and is dissatisfied with the internal review decision for the application may appeal to the court against the decision.
188Procedure for an appeal to court
(1)An appeal is started by filing a notice of appeal with the clerk of the court.(2)A copy of the notice must be served on the chief executive.(3)The notice of appeal must be filed within 28 days after the appellant receives notice of the internal review decision appealed against.(4)However, the court may, at any time, extend the time for filing the notice of appeal.(5)The notice of appeal must state fully the grounds of the appeal.
189Stay of operation of internal review decision
(1)The court may grant a stay of the operation of an internal review decision appealed against to secure the effectiveness of the appeal.(2)A stay—(a)may be granted on conditions the court considers appropriate; and(b)operates for the period fixed by the court; and(c)may be amended or revoked by the court.(3)The period of a stay stated by the court must not extend past the time when the court decides the appeal.(4)An appeal against an internal review decision affects the decision, or the carrying out of the decision, only if the decision is stayed.
(1)In deciding an appeal, the court—(a)has the same powers as the chief executive in making the internal review decision appealed against; and(b)is not bound by the rules of evidence; and(c)must comply with natural justice.(2)An appeal is by way of rehearing.(3)The court may—(a)confirm the internal review decision; or(b)set aside the internal review decision and substitute another decision; or(c)set aside the internal review decision and return the matter to the chief executive with directions the court considers appropriate.
191Effect of decision of court on appeal
(1)If the court sets aside the internal review decision and returns the matter to the chief executive with directions, and the chief executive makes a new decision in accordance with the directions, the new decision is not subject to review or appeal under this chapter.(2)If the court substitutes another decision for the internal review decision—(a)the substituted decision is taken to be the decision of the chief executive; and(b)the chief executive may give effect to the substituted decision as if the decision were the original decision of the chief executive and no application for review or appeal had been made.
In this chapter—civil claim, in relation to an act done, omission made, or a result of the act or omission—(a)means a claim based in tort, contract or another form of action in relation to the act, omission or result, including, for example, breach of statutory duty or defamation; and(b)includes, for a fatal injury, a claim for the deceased’s dependants or estate.civil liability, in relation to a person, means liability of any type for the payment of an amount by the person because of a civil claim.
193Protection from liability in relation to monitoring and enforcement
(1)A prescribed person does not incur civil liability for—(a)an act done, or omission made, in good faith and without negligence, under chapter 7; or(b)a result of the act or omission.(2)If subsection (1) prevents a civil liability attaching to a prescribed person, the liability attaches instead to the State.(3)This section does not apply to the extent the prescribed person is protected from the civil liability under the Public Service Act 2008, section 26C.(4)In this section—prescribed person means—(a)an authorised person or State analyst; or(b)a person acting under the direction of any of the following—(i)the chief executive;(ii)a public service employee employed in the department;(iii)an authorised person or State analyst.
194Protection from liability in relation to medicinal cannabis
(1)A prescribed person does not incur civil liability for—(a)an act or omission—(i)done or made by the person in good faith and without negligence; and(ii)that is, or is associated with—(A)an application for the grant, amendment or replacement of a medicinal cannabis approval; or(B)the grant, amendment or replacement of a medicinal cannabis approval; or(C)administrative action relating to a medicinal cannabis approval; or(D)a regulated activity for medicinal cannabis carried out in accordance with this Act; or(b)a result of the act or omission.(2)This section does not apply to the extent the prescribed person is protected from the civil liability under the Public Service Act 2008, section 26C.(3)In this section—prescribed person means—(a)a member of the expert advisory panel;(b)a single-patient prescriber;(c)a patient-class prescriber;(d)an approved pharmacist or secondary dispenser.regulated activity, for medicinal cannabis, see section (4).
195Protection from liability in relation to reviews
(1)A person does not incur civil liability for engaging, or for the result of engaging, in either of the following in good faith and without negligence—(a)applying for or otherwise being involved in a review of a decision under this Act;(b)giving oral, written or other matter to the chief executive, or a person acting at the direction of the chief executive, for a review of a decision under this Act.(2)This section does not apply to the extent the person is protected from the civil liability under the Public Service Act 2008, section 26C.
196Civil remedies not otherwise affected
Apart from this chapter, nothing in this Act affects or limits a civil remedy a person may have against the holder of an approval or another person in relation to a matter dealt with under this Act.
This part applies to a legal proceeding under this Act.
The following must be presumed unless a party to the proceeding, by reasonable notice, requires proof of it—(a)the chief executive’s appointment;(b)the appointment of an authorised person or State analyst;(c)the appointment of a member of the expert advisory panel;(d)the authority of a person mentioned in paragraph (a), (b) or (c) to do anything under this Act.
A signature purporting to be the signature of the chief executive, an authorised person, a State analyst or a member of the expert advisory panel is evidence of the signature it purports to be.
(1)A certificate purporting to be signed by the chief executive stating any of the following matters is evidence of the matter—(a)a stated document is 1 of the following things made, given, issued or kept under this Act—(i)an appointment or decision;(ii) an approval;(iii)a notice, direction or requirement;(iv)a code, guideline, protocol or standard;(b)a stated document is another document given to the chief executive or otherwise kept under this Act;(c)a stated document is a copy of, or an extract from a part of, a thing mentioned in paragraph (a) or (b);(d)on a stated day, or during a stated period, a stated person was or was not the holder of an approval;(e)on a stated day, or during a stated period, an approval—(i)was or was not in force; or(ii)was or was not subject to a stated condition;(f)on a stated day an approval was suspended for a stated period, surrendered or cancelled;(g)on a stated day, or during a stated period, an appointment as an authorised person, State analyst or member of the expert advisory panel was, or was not, in force for a stated person;(h)on a stated day—(i)a stated person was given a stated notice or direction under this Act; or(ii)a stated requirement under this Act was made of a stated person; or(iii)a stated amount is or was payable under this Act by a stated person.(2)In a complaint starting a proceeding, a statement that the matter came to the knowledge of the complainant on a stated day is evidence of when the matter came to the complainant’s knowledge.(3)A certificate purporting to be that of a State analyst in relation to a thing seized or taken by an authorised person under chapter 7 stating any of the following matters is evidence of the matters—(a)the analyst’s qualifications;(b)the analyst took, or received from a stated person, the thing;(c)the thing was analysed at a stated place on a stated day or during a stated period;(d)the method used to analyse the thing;(e)the results of the analysis.(4)In a proceeding in which the chief executive applies, under section , to recover costs incurred by the chief executive, a certificate by the chief executive stating that stated costs were incurred and the way in which, and purpose for which, they were incurred is evidence of the matters stated.
201Evidence of medicinal cannabis
(1)This section applies to a legal proceeding in which it is necessary to prove that a particular substance is medicinal cannabis.(2)Evidence that a substance—(a)is commonly supplied under the same name or description as the particular substance; and(b)is a type or form of medicinal cannabis;is evidence that the particular substance is also that type or form of medicinal cannabis.(3)Evidence that the particular substance, or a container for the particular substance, is labelled, marked or inscribed in the way required under a regulation for a type or form of medicinal cannabis is evidence that the particular substance is that type or form of medicinal cannabis.
(1)An offence against this Act is a summary offence.(2)A proceeding for the offence must start within the later of the following periods to end—(a)1 year after the offence was allegedly committed;(b)6 months after the offence comes to the complainant’s knowledge, but within 2 years after the offence was allegedly committed.
203Proceeding not to commence if compliance notice in effect
(1)This section applies to a person given a compliance notice stating a provision that it is an offence to contravene.(2)The person can not be prosecuted for the offence unless the person—(a)fails to comply with the compliance notice; and(b)does not have a reasonable excuse for the failure to comply.
204Allegations of false or misleading information or document
In a proceeding for an offence against this Act involving false or misleading information, or a false or misleading document, it is enough for a charge to state that the information or document was ‘false or misleading’ to the person’s knowledge, without specifying which.
205Recovery of costs of investigation
(1)This section applies if—(a)a court convicts a person of an offence against this Act; and(b)the chief executive applies to the court for an order against the person for the payment of the costs the chief executive incurred in taking a thing, conducting an analysis or doing something else for the investigation of the offence; and(c)the court finds the chief executive has reasonably incurred the costs.(2)The court may order the person to pay the chief executive an amount equal to the costs if it is satisfied it would be just to make the order in the circumstances of the particular case.(3)This section does not limit the court’s powers under the Penalties and Sentences Act 1992 or another law.(4)An application to a court under this section, and an order made by the court on the application, is a judgment in the court’s civil jurisdiction.(5)An issue on the application is to be decided on the balance of probabilities.
206Responsibility for acts or omissions of representatives
(1)This section applies in a proceeding for an offence against this Act.(2)If it is relevant to prove a person’s state of mind about a particular act or omission, it is enough to show—(a)the act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and(b)the representative had the state of mind.(3)An act done or omitted to be done for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves the person could not, by the exercise of reasonable diligence, have prevented the act or omission.(4)In this section—representative means—(a)for a corporation—an executive officer, employee or agent of the corporation; or(b)for an individual—an employee or agent of the individual.state of mind means—(a)the person’s knowledge, intention, opinion, belief or purpose; and(b)the person’s reasons for the intention, opinion, belief or purpose.
207Executive officer may be taken to have committed offence
(1)If a corporation commits an offence against a serious offence provision, each executive officer of the corporation is taken to have also committed the offence if—(a)the officer authorised or permitted the corporation’s conduct constituting the offence; or(b)the officer was, directly or indirectly, knowingly concerned in the corporation’s conduct.(2)The executive officer may be proceeded against for, and convicted of, the offence whether or not the corporation has been proceeded against for, or convicted of, the offence.(3)This section does not affect either of the following—(a)the liability of the corporation for the offence;(b)the liability, under the Criminal Code, chapter 2, of any person, whether or not the person is an executive officer of the corporation, for the offence.(4)In this section—serious offence provision means section , , , , or .
In this part—administrator means the following—(a)a person who is, or was, the chief executive;(b)a person who is, or was, involved in the administration or enforcement of this Act, including, for example—(i)a single-patient prescriber; or(ii)a patient-class prescriber; or(iii)an approved pharmacist or secondary dispenser; or(iv)a health service employee; or(v)a public service employee; or(vi)a member of the expert advisory panel.confidential information means information, other than information that is publicly available—(a)about a person’s personal affairs or health; and(b)that has become known to an administrator in the course of performing the administrator’s functions under this Act.
209Confidentiality of information
(1)An administrator must not, whether directly or indirectly, disclose confidential information.Maximum penalty—50 penalty units.
(2)However, subsection (1) does not apply if—(a)the confidential information is disclosed—(i)under this Act; or(ii)with the written consent of the person to whom the information relates; or(iii)to the person to whom the information relates; or(iv)in a way that could not identify any person; or(b)the disclosure of the confidential information is authorised under another law.(3)The Hospital and Health Boards Act 2011, section 142 does not apply to an administrator in relation to confidential information.
210Disclosure of information to entities performing relevant functions
(1)An administrator may disclose confidential information to the following—(a)a coroner investigating the death of a person under the Coroners Act 2003 ;(b)the health ombudsman conducting an investigation under the Health Ombudsman Act 2013 ;(c)a law enforcement agency for the purposes of detecting, preventing, investigating or prosecuting an offence involving medicinal cannabis;(d)the APVMA for performing its functions under the Agricultural and Veterinary Chemicals Act 1994 (Cwlth) or the Agricultural and Veterinary Chemicals Code Act 1994 (Cwlth);(e)the Therapeutic Goods Administration for performing its functions under the Therapeutic Goods Act 1989 (Cwlth);(f)another Commonwealth or State entity for performing its functions relating to—(i)services provided by health practitioners; or(ii)the regulation of health practitioners; or(iii)the administration of a corresponding law; or(iv)the Food Act 2006 , the Food Production (Safety) Act 2000 , or a law of another jurisdiction that provides for the same or similar matters as those Acts.(2)However, an administrator may disclose confidential information to an entity under subsection (1) only if the administrator is satisfied—(a)the confidential information will be collected, stored and used by the entity to which it is disclosed in a way that protects, to the extent practicable, the privacy of the persons to whom the information relates; and(b)the provision of the confidential information to the entity is necessary for the entity to exercise its functions.(3)In this section—APVMA means the Australian Pesticides and Veterinary Medicines Authority continued in existence by the Agricultural and Veterinary Chemicals (Administration) Act 1992 (Cwlth), section 6.
211Disclosure for care or treatment of person
An administrator may disclose confidential information if the disclosure is—(a)to a health practitioner providing care or treatment to the person to whom the information relates; and(b)necessary for the care or treatment of the person.
212Disclosure for medicinal cannabis approval
A person may disclose confidential information if the disclosure—(a)is to the chief executive; and(b)relates to—(i)if the person is a single-patient prescriber for a medicinal cannabis approval—the patient; or(ii)if the person is applying for a medicinal cannabis approval—the patient stated in the application.
213Disclosure to protect public health or safety
(1)This section applies if—(a)a person has authority under this Act to perform an activity related to medicinal cannabis; and(b)the chief executive reasonably believes a diversion risk or substance risk exists because of the person’s actions in relation to medicinal cannabis; and(c)the chief executive reasonably considers a Commonwealth or State entity may be required to take action in relation to the risk.(2)The chief executive may give the Commonwealth or State entity the confidential information that is reasonably necessary for the entity to assess, or act in relation to, the diversion risk or substance risk.
214Requests by chief executive for information
(1)Subsection (2) applies if the chief executive considers a public entity has information, including confidential information, that is necessary for the chief executive to—(a)perform the chief executive’s functions under this Act; and(b)prevent an imminent diversion risk or substance risk for medicinal cannabis.(2)The chief executive may, by notice, ask the public entity to give the information to the chief executive within a stated reasonable time.(3)The public entity must comply with the notice unless the entity reasonably considers the disclosure of the information—(a)would prejudice the investigation of a contravention, or possible contravention, of a law; or(b)would prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of a law; or(c)would endanger a person’s life or physical safety.(4)However, in complying with the notice, the public entity and the chief executive must ensure—(a)the information given to the chief executive relates only to the chief executive’s functions under this Act; and(b)to the extent possible, the privacy of a person to whom the information relates is protected from unjustified intrusion.(5)In this section—public entity means a public sector unit and includes the chief executive, however described, of a public sector unit.
215Delegation by chief executive
The chief executive may delegate the chief executive’s functions and powers under this Act to an appropriately qualified person who is—(a)a public service officer or employee; or(b)a health service employee.
The chief executive may approve forms for use under this Act.
(1)The Governor in Council may make regulations under this Act.(2)Without limiting subsection (1), a regulation may be made about the following—(a)conditions for approvals;(b)transporting and delivering medicinal cannabis;(c)issuing, supplying or selling medicinal cannabis;(d)the giving of lawful directions for medicinal cannabis;(e)to the extent a law of the State, in relation to the manufacture of medicinal cannabis, will not be inconsistent with Commonwealth law—manufacture of medicinal cannabis;(f)practices for wholesale and retail selling of medicinal cannabis;(g)medicinal cannabis management plans;(h)environmental requirements for places where medicinal cannabis is stored;(i)packaging, labelling or displaying medicinal cannabis;(j)advertising medicinal cannabis;(k)the following for persons, or classes of persons, authorised to deal with medicinal cannabis under this Act—(i)monitoring requirements for medicinal cannabis;(ii)record-keeping and accounting requirements for medicinal cannabis, including requirements about purchase orders and invoices;(iii)notification requirements for medicinal cannabis, including requirements for notifying the chief executive about lost or stolen medicinal cannabis and other circumstances where a diversion risk or substance risk exists;(iv)reporting requirements for medicinal cannabis, including requirements about self-assessing compliance with this Act and reporting about compliance with this Act;(l)destroying or disposing of medicinal cannabis;(m)methods for analysis of medicinal cannabis by a State analyst;(n)conducting approved clinical trials;(o)fees for applications and other matters under this Act, including criminal history checks and the analysis of medicinal cannabis by State analysts.(3)A regulation made under this Act may impose a penalty of not more than 20 penalty units for a contravention of the regulation.
218Existing approval for medicinal cannabis
(1)This section applies to an approval (the transitioned approval)—(a)granted under repealed section 270B; and(b)in force immediately before the commencement.(2)The transitioned approval is taken to be an equivalent approval granted to the holder of the transitioned approval until the earliest of the following—(a)if repealed section 270B(b)(i) applied to the transitioned approval—an equivalent approval is granted to the holder of the transitioned approval;(b)if repealed section 270B(b)(ii) applied to the transitioned approval—an equivalent approval is granted to the holder of the transitioned approval or another person;(c)the term of the transitioned approval ends;(d)the transitioned approval is cancelled;(e)the transitioned approval is surrendered by the holder of the transitioned approval.(3)However, subsection (4) applies if—(a)before the term of the transitioned approval ends, a person applies for an equivalent approval; and(b)the chief executive has not decided whether to grant the equivalent approval on the day the term of the transitioned approval ends.(4)The transitioned approval is taken to be an equivalent approval, granted to the holder of the transitioned approval, until the chief executive makes a decision about the grant of the equivalent approval.(5)In this section—equivalent approval, in relation to a transitional approval, means—(a)if repealed section 270B(b)(i) applied to the transitioned approval—a clinical trial approval applying to the clinical trial for the transitioned approval; and(b)if repealed section 270B(b)(ii) applied to the transitioned approval—a medicinal cannabis approval applying to the person who was being treated under the transitioned approval.repealed section 270B means repealed section 270B of the Health (Drugs and Poisons) Regulation 1996 .
This part amends this Act.
Long title, from ‘and to amend’—
omit.
This part amends the Health Act 1937 .
222Amendment of section 5 (Interpretation)
(1)Section 5, definition article—
omit, insert—article—(a)without limit to the generality of its meaning, includes—(i)any textile product, any toys, any medical or surgical apparatus or appliance, any absorbent wool or surgical dressing, and also includes boots, shoes, paint, poisons, drugs, biological preparations, pesticides, detergents, dangerous substances; and(ii)substances declared under a regulation to be articles; but(b)does not include medicinal cannabis under the Public Health (Medicinal Cannabis) Act 2016 , section .(2)Section 5, definition drug—
omit, insert—drug—(a)without limiting the ordinary meaning of the term—(i)means—any article used for or in the composition or preparation of medicine for internal or external consumption or use by humans; and(ii)includes—(A)disinfectants, germicides, antiseptics, pesticides, detergents, preservatives, deodorants, anaesthetics, tobacco, narcotics, soaps, cosmetics, dusting powders, essences, unguents, and all other toilet articles;(B)goods for therapeutic use within the meaning of the Therapeutic Goods Act 1989 (Cwlth);(C)an article or substance declared under a regulation to be a drug; but(b)does not include medicinal cannabis under the Public Health (Medicinal Cannabis) Act 2016 , section .(3)Section 5, definition poison—
omit, insert—poison—(a)means every substance or article prescribed as such; but(b)does not include medicinal cannabis under the Public Health (Medicinal Cannabis) Act 2016 , section .
This part amends the Health (Drugs and Poisons) Regulation 1996 .
224Omission of s 77 (Approved drug—dronabinol (delta-9-tetrahydrocannabinol))
Section 77—
omit.
225Amendment of s 270A (Approval must not be granted for therapeutic use of S9 poisons)
Section 270A, ‘Subject to section 270B, the’—
omit, insert—The
226Omission of s 270B (Approval for cannabis)
Section 270B—
omit.
section
accepted representations see section (2).
administer, a substance, means—
(a)introduce a dose of the substance into the body of a person or an animal by any means; or
(b)give a dose of the substance to a person to be taken immediately.
Examples for paragraphs (a) and (b)—
•injecting a substance into the body of a person or an animal•putting cream on the skin of a person or an animal•putting drops into the eyes of a person or an animal•handing a dose of tablets to a person for the person to swallow
administrative action, for chapter 5, part 2, see section .
administrator, for chapter 12, part 1, see section .
amendment application, for an approval, see section .
application for chapter 3, part 1, see section .
approval means—
(a)a medicinal cannabis approval; or
(b)a dispensing approval; or
(c)a clinical trial approval.
approved clinical trial means a clinical trial to which a clinical trial approval applies.
approved pharmacist means—
(a)a pharmacist who works in a hospital pharmacy; or
(b)a pharmacist who—(i)does not work in a hospital pharmacy; and(ii)holds a dispensing approval.
authorised person means a person who holds office under chapter 7, part 1 as an authorised person.
board, for a person, means the National Board established under the Health Practitioner Regulation National Law for the profession in which the person is registered.
cannabis product see section .
capacity, for a person for a matter, has the same meaning as in the Powers of Attorney Act 1998 , schedule 3.
carer, for a patient, means an adult who has responsibility for the immediate care and safety of the patient.
chairperson see section (1).
civil claim, for chapter 10, see section .
civil liability, for chapter 10, see section .
clinical trial means a clinical trial of medicinal cannabis, or another use of medicinal cannabis solely for experimental purposes in humans, approved by the Therapeutic Goods Administration, or otherwise in accordance with the Therapeutic Goods Act 1989 (Cwlth).
clinical trial approval see section .
compliance notice see section (2).
compliant, for medicinal cannabis, means the medicinal cannabis has been—
(a)prescribed, for the treatment of, or use by, a patient, in accordance with this Act; and
(b)dispensed in accordance with this Act, including any lawful direction under this Act; and
(c)if the medicinal cannabis is the subject of a medicinal cannabis approval—prescribed and dispensed in accordance with the approval; and
(d)manufactured or imported in accordance with the applicable law of the Commonwealth; and
(e)approved, or authorised to be supplied, for the purpose of treating the patient, in accordance with the applicable law of the Commonwealth.
confidential information, for chapter 12, part 1, see section .
conviction includes a plea of guilty or finding of guilt by a court even though a conviction is not recorded.
corresponding law means a law of another jurisdiction that provides for, or provided for, the same or similar matters as this Act.
court means a Magistrates Court.
criminal history, of an individual, means all of the following—
(a)every conviction of the individual for an offence, in Queensland or elsewhere, whether before or after the commencement of this Act;
(b)every charge made against the individual for an offence, in Queensland or elsewhere, whether before or after the commencement of this Act.
criminal history check, for an individual, means a check of the individual’s criminal history.
detention centre means a detention centre under the Youth Justice Act 1992 .
dispense means issue, sell or supply in accordance with a lawful direction.
dispensary means—
(a)for an approved pharmacist who works in a hospital pharmacy—the hospital pharmacy; or
(b)for another approved pharmacist—the pharmacy from which the approved pharmacist is authorised to dispense medicinal cannabis under the approved pharmacist’s dispensing approval.
dispensing approval see section .
dispensing pharmacy means a dispensary stated, under a medicinal cannabis approval, to be the dispensing pharmacy for the approval.
disposal order see section (2).
diversion risk, for medicinal cannabis, means a risk of the medicinal cannabis being sold, supplied, issued or otherwise given to or obtained by a person not authorised under this Act to obtain or possess the medicinal cannabis.
document certification requirement see section (6).
document production requirement see section (2).
drug means—
(a)a drug under the Health Act 1937, section 5; and
(b)medicinal cannabis.
drug dependence, for a person, means repeated administration to the person of a drug resulting in the person—
(a)demonstrating any of the following over the person’s continued use of the drug—(i)impaired control;(ii)drug-seeking behaviour that suggests impaired control;(iii)social impairment related to continued use of the drug;(iv)continued use of the drug despite the known harms of the continued use; and
(b)suffering, or likely suffering, mental or physical distress or disorder when the administration to the person of the drug ceases.
educational institution means—
(a)an approved education and care service under the Education and Care Services National Law (Queensland); or
(b)a QEC approved service under the Education and Care Services Act 2013 ; or
(c)a State school, or non-State school, under the Education (General Provisions) Act 2006 .
electronic document means a document of a type under the Acts Interpretation Act 1954, schedule 1, definition document, paragraph (c).
eligible medicinal cannabis, in relation to a patient-class prescriber and an eligible patient, means—
(a)medicinal cannabis of a type stated in a regulation made under section 52 as being a type of medicinal cannabis with which the patient-class prescriber may treat the eligible patient; or
(b)if paragraph (a) does not apply—any medicinal cannabis.
eligible patient, in relation to a patient-class prescriber, means—
(a)a person who is a member of the class of patients stated in a regulation made under section 52 as being a class of patients to whom the patient-class prescriber may prescribe medicinal cannabis; or
(b)if paragraph (a) does not apply—any patient of the patient-class prescriber.
expert advisory panel see section .
former owner see section (1).
general medical practitioner means a person, other than a specialist medical practitioner, registered under the Health Practitioner Regulation National Law to practise in the medical profession.
general power see section (1).
health practitioner means a person who carries on, and is entitled to carry on, an occupation involving the provision of care for another person’s physical or mental health or wellbeing.
health service employee means a person appointed as a health service employee under the Hospital and Health Boards Act 2011, section 67.
help requirement see section (1).
hospital means a public sector hospital or private hospital.
hospital pharmacy means a pharmacy operated by the State at a public sector hospital.
identity card, for a provision about authorised persons, means an identity card issued under section (1).
information notice, for a decision, means a notice stating each of the following—
(a)the decision and the reasons for it;
(b)the rights of review and appeal under this Act;
(c)the period in which any review or appeal under this Act must be started;
(d)how rights of review and appeal under this Act are to be exercised;
(e)that a stay of a decision the subject of an appeal under this Act may be applied for under this Act.
information requirement see section (3).
information requirement notice, for chapter 3, part 1, see section .
institution means—
(a)a hospital; or
(b)a detention centre, prison, watch house or police establishment; or
(c)an educational institution; or
(d)a nursing home; or
(e)an entity conducting a departmental care service, or a licensed care service, under the Child Protection Act 1999 , schedule 3; or
(f)an entity mentioned in the Child Protection Act 1999 , section 82(1)(f); or
(g)another entity prescribed by regulation.
issue, medicinal cannabis, means give medicinal cannabis to a person who is authorised to administer the medicinal cannabis to another person.
internal review application see section .
internal review decision see section (1)(b).
lawful direction, for medicinal cannabis—
(a) means any direction or instruction given by the single-patient prescriber, or the patient-class prescriber, for the medicinal cannabis, whether orally, in writing or electronically, for the dispensing or administration of medicinal cannabis; and
(b) includes—(i)a prescription for the medicinal cannabis; and(ii)an instruction on a label or other packaging for medicinal cannabis.
manufacture, in relation to a substance—
(a)means any 1 or more of the following actions performed for the purpose of producing the substance—(i)carry out a process or step in making, growing or cultivating the substance;(ii)process or refine the substance;(iii)convert the substance into another substance;(iv)make or prepare an ampoule, capsule, tablet, vial or other dosage form that consists of, or contains, the substance;(v)mix, compound or formulate the substance with any other substance;(vi)assemble, label, pack or repack the substance;(vii)store the substance;(viii)sterilise the substance;(ix)test, monitor or otherwise control the quality of the substance, including monitor the way in which the substance is supplied; but
(b)does not include either of the following if done for the treatment of an individual—(i)mixing a lawfully supplied substance with another thing in accordance with instructions for the mixing of the substance with the thing; or(ii)adding a lawfully supplied substance to another thing in accordance with instructions for the adding of the substance to the thing.
medical practitioner means either of the following—
(a)a general medical practitioner;
(b)a specialist medical practitioner.
medicinal cannabis see section .
medicinal cannabis approval see section .
medicinal cannabis management plan, for an entity, see section .
notice means a written notice.
nursing home means a facility, other than a hospital or private residence, at which accommodation and nursing is provided to persons who, because of disability, disease, illness, incapacity or infirmity, have a continuing need for care.
obtain, for medicinal cannabis, means acquire, buy, receive or otherwise obtain medicinal cannabis.
occupier, of a place, includes the following—
(a)if there is more than 1 person who apparently occupies the place—any 1 of the persons;
(b)any person at the place who is apparently acting with the authority of a person who apparently occupies the place;
(c)if no-one apparently occupies the place—any person who is an owner of the place.
of, a place, includes at or on the place.
offence warning, for a direction or requirement by an authorised person, means a warning that, without a reasonable excuse, it is an offence for the person to whom the direction or requirement is made not to comply with it.
original decision see section .
owner, of a thing that has been seized under chapter 7, includes a person who would be entitled to possession of the thing had it not been seized.
parent, of a child, includes—
(a)a person who exercises parental responsibility for the child, other than a person standing in the place of a parent of the child on a temporary basis; and
(b)for an Aboriginal child—a person who, under Aboriginal tradition, is regarded as a parent of the child; and
(c)for a Torres Strait Islander child—a person who, under Island custom, is regarded as a parent of the child.patient-class prescriber means—
(a)a specialist medical practitioner who is a member of a class of specialist medical practitioners prescribed by regulation under section (1)(a); or
(b)a registrar in the speciality of a specialist medical practitioner mentioned in paragraph (a), working under the personal supervision of the practitioner in the practitioner’s specialty.
personal details requirement see section (5).
personal supervision—
(a)means supervision by a person (the supervisor) of another person; and
(b)includes supervision using any technology that allows reasonably contemporaneous and continuous—(i)communication between the persons; and(ii)observation by the supervisor of actions taken by the other person.
person in control—
(a) of a vehicle, includes—(i) the vehicle’s driver or rider; and(ii)anyone who reasonably appears to be, claims to be, or acts as if he or she is, the vehicle’s driver or rider or the person in control of the vehicle; or
(b)of another thing, includes anyone who reasonably appears to be, claims to be, or acts as if he or she is, the person in possession or control of the thing.
person with authority to consent, to treatment of a patient with medicinal cannabis, means—
(a)if the patient has capacity to consent to the treatment—the patient; or
(b)otherwise—(i)if the patient is a child—a parent of the patient; or(ii)if the patient is an adult—(A)if a guardian or an administrator is appointed for the patient under the Guardianship and Administration Act 2000 —the guardian or administrator; or(B)if an attorney, appointed by the patient under an enduring power of attorney under the Powers of Attorney Act 1998 , may consent to the treatment on behalf of the patient—the attorney.
pharmacist means a person registered under the Health Practitioner Regulation National Law to practise in the pharmacy profession, other than as a student.
place includes the following—
(a)premises;
(b)vacant land;
(c)a place in Queensland waters;
(d)a place held under more than 1 title or by more than 1 owner;
(e)the land or water where a building or structure, or a group of buildings or structures, is situated.
possess, medicinal cannabis, includes—
(a)have custody or control of medicinal cannabis; and
(b)have an ability or right to obtain custody or control of medicinal cannabis.
premises includes—
(a)a building or other structure; and
(b)a part of a building or other structure; and
(c)a caravan or vehicle; and
(d)a cave or tent; and
(e)premises held under more than 1 title or by more than 1 owner.
prescription means a written instrument authorising a pharmacist to dispense medicinal cannabis to or for a person for the lawful treatment of the person, and includes—
(a)a written, electronic or faxed instrument; and
(b)an entry for the dispensing of the medicinal cannabis in a medical record, medication chart or medication ordering system, whether the entry is made in writing or electronically.
private hospital see the Private Health Facilities Act 1999, section 9.
proposed action see section (3)(a).
public place means—
(a)a place, or part of the place—(i)the public is entitled to use, is open to members of the public or is used by the public, whether or not on payment of money; orExamples of a place that may be a public place under subparagraph (i)—
a beach, a park, a road(ii)the occupier of which allows, whether or not on payment of money, members of the public to enter; orExamples of a place that may be a public place under subparagraph (ii)—
a saleyard, a showground
(b)a place that is a public place under another Act.
public sector hospital has the meaning given in the Hospital and Health Boards Act 2011 .
reasonably believes means believes on grounds that are reasonable in the circumstances.
reasonably suspects means suspects on grounds that are reasonable in the circumstances.
recall order see section (2).
registrar, in a specialty, means a person who is undergoing a course of training, the successful completion of which will qualify the person as a specialist medical practitioner in the specialty.
relevant activity see section .
relevant law means the following—
(a)this Act;
(b)the Health Act 1937 ;
(c)a corresponding law.
renewal application, for an approval, see section (1).
replacement application, for an approval, see section .
responsible person, for a recall order, see section (2)(a).
secondary dispenser, in relation to an approved pharmacist, means a pharmacist stated to be a secondary dispenser under the approved pharmacist’s dispensing approval.
self-administer, a substance, means a person administers the substance to themself.
show cause notice see section (2).
show cause period see section (3)(g).
single-patient prescriber means a medical practitioner who is the holder of the medicinal cannabis approval.
specialist medical practitioner, in a specialty, means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession as a specialist registrant in the specialty.
State analyst means a State analyst appointed under the Health Act 1937 .
substance risk, for a substance, means a risk of harm to the life, health or safety of a person arising from the use, or potential use, of the substance.
supply, for medicinal cannabis, means give a person 1 or more treatment doses of medicinal cannabis, to be taken by the person during a certain period.
TGA approval means an approval or authorisation granted under the Therapeutic Goods Act 1989 (Cwlth).
Therapeutic Goods Administration means the Therapeutic Goods Administration under the Therapeutic Goods Act 1989 (Cwlth).
trainee health practitioner means a person who is undergoing a course of training, the successful completion of which will qualify the trainee as a health practitioner.
trainee State analyst means a person who is undergoing a course of training, the successful completion of which will qualify the person for appointment as a State analyst.
vehicle—
(a)means a vehicle under the Transport Operations (Road Use Management) Act 1995 ; and
(b)includes a vessel under that Act.
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