Misuse of Drugs Act 1975

4A Procedure for bringing Order in Council made under section 4(1) or (1B) into force

• (1) Subject to subsection (2), the Governor-General may, by Order in Council, make a commencement order bringing any Order in Council made under section 4(1) or (1B) into force.

  (2) The commencement order may be made only after the Order in Council made under section 4(1) or (1B) has been approved by resolution of the House of Representatives.

  (3) A resolution of the House of Representatives approving an Order in Council made under section 4(1) or (1B) may be made at any time after—

  • (a) the date that is 28 days after the date on which notice that the Order in Council has been made is given in the Gazette; or

  • (b) if the Gazette notice is given during the period commencing on 24 December in one year and ending on 15 January in the following year, 15 February of that following year.

  (4) An Order in Council made under section 4(1) or (1B) lapses if—

  • (a) a motion to approve the Order in Council is defeated; or

  • (b) no motion to approve the Order in Council is agreed to within 1 year of its date of making.

  Section 4A: substituted, on 15 November 2000, by section 4 of the Misuse of Drugs Amendment Act 2000 (2000 No 47).

  Section 4A heading: amended, on 22 June 2005, by section 5(1) of the Misuse of Drugs Amendment Act 2005 (2005 No 81).

  Section 4A(1): amended, on 22 June 2005, by section 5(2) of the Misuse of Drugs Amendment Act 2005 (2005 No 81).

  Section 4A(2): amended, on 22 June 2005, by section 5(2) of the Misuse of Drugs Amendment Act 2005 (2005 No 81).

  Section 4A(3): amended, on 22 June 2005, by section 5(2) of the Misuse of Drugs Amendment Act 2005 (2005 No 81).

  Section 4A(4): amended, on 22 June 2005, by section 5(2) of the Misuse of Drugs Amendment Act 2005 (2005 No 81).