Document ID: chunk:federal_register_of_legislation:F2024C00525:reg:62:p1
Version: federal_register_of_legislation:F2024C00525
Segment Type: reg
Provision Reference: reg 62 (pt 1/2)
Character Range: 121133–123846

62  Application provisions relating to the Narcotic Drugs Amendment (Medicinal Cannabis) Regulations 2021
 (1) Sections 17, 17A, 17B, 17C, 17D, 17E and 17F, as inserted by Schedule 1 to the Narcotic Drugs Amendment (Medicinal Cannabis) Regulations 2021, apply in relation to a medicinal cannabis licence held at the commencement of this section or granted on or after the commencement of this section.
 (2) The amendments of sections 20 and 40 made by Schedule 1 to the Narcotic Drugs Amendment (Medicinal Cannabis) Regulations 2021 apply in relation to a matter that comes to the attention of a licence holder on or after the commencement of this section, whether in relation to a licence held at the commencement of this section or granted on or after the commencement of this section.
 (3) If:
 (a) before the commencement of this section the Secretary had, under subsection 26(1) or 45(1), given to the holder of a licence notice in writing of the suspension of the licence or a permit that relates to the licence (the suspension notice); and
 (b) immediately before the commencement of this section, either of the following apply:
 (i) the suspension had not come into effect because the day specified in the notice of suspension had not occurred;
 (ii) the period of the suspension had started but not ended; and
 (c) the licence or permit is preserved or converted under item 2 or 3 of Schedule 2 to the Narcotic Drugs Amendment (Medicinal Cannabis) Act 2021;
then, after the commencement of this section:
 (d) the preserved or converted licence or permit is taken to be suspended under Subdivision B of Division 4 of Part 2 of this instrument as amended by Schedule 1 to the Narcotic Drugs Amendment (Medicinal Cannabis) Regulations 2021; and
 (e) the suspension may be dealt with under that Subdivision as so amended; and
 (f) if the suspension is still to come into effect because the day specified in the notice of suspension has not occurred—the suspension takes effect in accordance with the suspension notice; and
 (g) if the suspension notice permits specified activities to occur during the period of the suspension—the permitted activities can occur during the period of the suspension in accordance with the conditions specified in the suspension notice.
 (4) If:
 (a) a decision was made under this instrument before the commencement of this section; and
 (b) the decision is a decision of the kind referred to in paragraph 52(b), (c), (h), (i) or (j) as in force immediately before the commencement of this section; and
 (c) immediately before the commencement of this section, the period referred to in paragraph 15G(2)(c) of the Act during which a person may apply for review of the decision