Misuse of Drugs Amendment Act 2019

1: Title
This Act is the Misuse of Drugs Amendment Act 2019.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act
This Act amends the Misuse of Drugs Act 1975 principal Act 2019-08-13 Misuse of Drugs Act 1975
1: Amendments to principal Act
4: Section 2 amended (Interpretation)
1: In section 2(1) Class C controlled drug includes any temporary class drug and
2: In section 2(1) controlled drug includes any temporary class drug and
3: In section 2(1) temporary class drug section 4C
5: New sections 4C to 4G inserted
After section 4B
4C: Temporary class drug order
1: The Minister may, by an order published in the Gazette
2: The Minister must not make an order if the substance, preparation, mixture, or article is already a Class A controlled drug, a Class B controlled drug, a Class C controlled drug (except a controlled drug analogue), or a precursor substance.
3: The Minister must not make an order unless satisfied that the substance, preparation, mixture, or article that is to be specified in the order—
a: poses, or may pose, a risk of harm to individuals or to society; and
b: has not been classified under this Act, except as a controlled drug analogue.
4: An order may describe the substance, preparation, mixture, or article by either or both of the following:
a: its chemical name, or one of its chemical names:
b: a description of the substance, preparation, mixture, or article, in the form that the Minister considers appropriate for the purposes of the order.
5: An order must state the date on which the order comes into force, and that date must not be earlier than the day after the date of the publication of the order in the Gazette
4D: Effect of temporary class drug order
1: This section applies to every temporary class drug while it remains subject to a temporary class drug order.
2: The temporary class drug must be treated for all purposes as if the drug were a controlled drug that is specified or described in Part 1 of Schedule 3.
3: See section 7(5)
4: A substance that has a structure substantially similar to the temporary class drug must not be treated as a controlled drug analogue just because of that similarity.
4E: Further action relating to temporary class drugs
1: While a temporary class drug order is in place, the Minister must seek advice, as the Minister considers appropriate, under section 5 or 5AA (or both) about the temporary class drug and its appropriate classification (if any, including as a precursor substance) under this Act.
2: As soon as possible after the publication of a temporary class drug order in the Gazette
a: on the Ministry of Health's Internet site, in an electronic form that is publicly accessible; and
b: in any other way that the Director-General considers appropriate in the circumstances.
4F: Duration of temporary class drug order
1: A temporary class drug order expires at the earliest of—
a: the close of the day that is 1 year after the date on which the order came into force; and
b: the date on which the substance, preparation, mixture, or article is—
i: classified as a Class A controlled drug; or
ii: classified as a Class B controlled drug; or
iii: classified as a Class C controlled drug; or
iv: added to Schedule 4 as a precursor substance; and
c: its revocation by the Minister by order in the Gazette
2: A temporary class drug order may be renewed by the Minister—
a: before the date of its expiry as calculated under subsection (1)
b: on 1 occasion only; and
c: only for the purpose of allowing sufficient time for the Minister to obtain the advice that is to be sought under section 4E(1)
4G: Status of temporary class drug order
A temporary class drug order is a disallowable instrument but not a legislative instrument for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.
6: Section 7 amended (Possession and use of controlled drugs)
After section 7(4)
5: To avoid doubt, it is affirmed that there is a discretion to prosecute for an offence against subsection (1)﻿(a), and a prosecution should not be brought unless it is required in the public interest.
6: When considering whether a prosecution is required in the public interest, in addition to any other relevant matters, consideration should be given to whether a health-centred or therapeutic approach would be more beneficial to the public interest.
7: Schedule 1 amended
In Schedule 1 5F-ADB: Methyl (2S)-2-{[1-(5-fluoropentyl)-1H-indazole-3-carbonyl]amino}-3,3-dimethylbutanoate AMB-FUBINACA: Methyl (2S)-2-({1-[(4-fluorophenyl)methyl]-1H-indazole-3-carbonyl}amino)-3-methylbutanoate
2: Amendment to Psychoactive Substances Act 2013
8: Psychoactive Substances Act 2013 amended
1: This section amends the Psychoactive Substances Act 2013
2: After section 9(3)﻿(b)
ba: a substance, preparation, mixture, or article specified by an order made under section 4C 2019-08-13 Psychoactive Substances Act 2013