Misuse of Drugs Amendment Act (No 2) 2011

1: Title
This Act is the Misuse of Drugs Amendment Act (No 2) 2011.
2: Commencement
1: Sections 8 9(1) and (2) 10 11
2: The rest of this Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Misuse of Drugs Act 1975 2011-08-09 Misuse of Drugs Act 1975 except sections 8, 9(1) and (2), 10 and 11 2011-09-08 Misuse of Drugs Act 1975 sections 8, 9(1) and (2), 10 and 11
1: Amendments to principal Act and consequential amendments to other enactments
Amendments to principal Act
4: Interpretation
Section 2(1) temporary class drug temporary class drug notice section 4C .
5: New sections 4C to 4E inserted
The following sections are inserted after section 4B
4C: Temporary class drug notice
1: The Minister may, by notice in the Gazette
2: The Minister must not give notice under subsection (1)
3: The Minister must not give notice under subsection (1)
4: A notice under subsection (1)
a: its chemical name, or 1 of its chemical names:
b: its product name:
c: a description of the substance, preparation, mixture, or article, in the form that the Minister considers appropriate for the purposes of the notice.
5: A notice under subsection (1)
6: The date specified under subsection (5) Gazette
4D: Effect of temporary class drug notice
1: Except as provided in this section, a temporary class drug is to be treated, while the temporary class drug notice remains in force, in the same way as if the drug were a controlled drug that is specified or described in Part 1 of Schedule 3.
2: A temporary class drug specified or described in a temporary class drug notice is not to be added to any schedule of this Act while the notice is in force.
3: Despite section 7(1), it is not an offence for a person, in relation to a temporary class drug, to do either or both of the following while the temporary class drug notice relating to that drug is in force:
a: to possess for his or her own use less than 56 grams in total of any products (including cigarettes), or any drug forms (including flakes, tablets, or capsules), each containing some quantity of that temporary class drug:
b: to use that temporary class drug.
4: Possession by a person of 56 grams or more in total of any products (including cigarettes), or any drug forms (including flakes, tablets, or capsules), each containing some quantity of that temporary class drug is to be treated, for the purposes of this Act, as possession by that person of an amount, level, or quantity at and over which a controlled drug that is specified or described in Part 1 of Schedule 3 is presumed to be for supply.
5: A substance that has a structure substantially similar to a temporary class drug is not to be treated as a controlled drug analogue by reason only of that similarity.
6: While a temporary class drug notice is in force, the Minister must seek advice, as he or she considers appropriate, under section 5 or 5AA, or both, in relation to the temporary class drug and its appropriate classification, if any (including as a precursor substance, or as a restricted substance as defined in section 31 of the Misuse of Drugs Amendment Act 2005), under this Act.
7: As soon as possible after the publication of a temporary class drug notice 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.
8: Despite the Regulations (Disallowance) Act 1989, a temporary class drug notice is not to be treated as a regulation for the purposes of the Acts and Regulations Publication Act 1989.
4E: Duration of temporary class drug notice
1: A temporary class drug notice expires at the earliest of—
a: the close of the day that is 1 year after the date on which the notice came into force; or
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; or
v: classified as a restricted substance (as defined in section 31 of the Misuse of Drugs Amendment Act 2005); or
c: its revocation by the Minister by notice in the Gazette
2: A temporary class drug notice may be renewed by the Minister—
a: prior to 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 4D(6)
6: Powers of Minister to prohibit importation, etc, of controlled drugs
1: Section 22(1A)
a: omitting import or supply importation, supply, possession for the purpose of sale or supply, or offering for sale
b: omitting pipe or other utensil pipe, other utensil, or identifiable component of a pipe or other utensil
2: Section 22
3: Every person commits an offence against this Act who—
a: supplies, possesses for the purpose of sale or supply, or offers for sale a pipe, other utensil, or identifiable component of a pipe or other utensil whose sale, possession for the purpose of sale or supply, or offering for sale (as the case may be) is absolutely prohibited by a notice issued under subsection (1A); or
b: supplies, possesses for the purpose of sale or supply, or offers for sale a pipe, other utensil, or identifiable component of a pipe or other utensil otherwise than in accordance with any condition under which that pipe, other utensil, or identifiable component of a pipe or other utensil may, under a notice issued under subsection (1A), be supplied, possessed for the purpose of sale or supply, or offered for sale (as the case may be); or
c: imports a pipe, other utensil, or identifiable component of a pipe or other utensil otherwise than in accordance with any condition under which that pipe, other utensil, or identifiable component of a pipe or other utensil may, under a notice issued under subsection (1A), be imported.
7: Schedule 1 amended
The item relating to thalidomide in clause 1
8: Schedule 2 amended
Clause 1 Ephedrine Pseudoephedrine .
9: Schedule 3 amended
1: Part 3 clause 6
2: The items relating to ephedrine and pseudoephedrine in clause 1
3: Paragraph (d) of the item relating to amphetamine analogues in Part 7 and/or alkylthio radicals alkylamino radicals
10: Schedule 4 amended
The items relating to ephedrine and pseudoephedrine in clause 1
11: Schedule 5 amended
Clause 1 Schedule Consequential amendments to other enactments
12: Land Transport Act 1998 consequentially amended
1: This section amends the Land Transport Act 1998
2: Paragraph (a)(i) of the definition of qualifying drug section 2(1) (except thalidomide)
3: Section 58(1)(b) (except thalidomide)
4: Section 61(2)(b) (except thalidomide)
5: Section 62(1)(b) (except thalidomide) 2011-08-09 Land Transport Act 1998
13: Customs and Excise Act 1996 consequentially amended
1: This section amends the Customs and Excise Act 1996
2: Schedule 1 pipe or other utensil pipe, other utensil, or identifiable component of a pipe or other utensil 2011-08-09 Customs and Excise Act 1996
2: Amendment to Misuse of Drugs Amendment Act 2005
14: Misuse of Drugs Amendment Act 2005 amended
This Part amends the Misuse of Drugs Amendment Act 2005 2011-08-09 Misuse of Drugs Amendment Act 2005
15: Interpretation
Paragraph (b)(v) and (viii) of the definition of substance section 31