Misuse of Drugs Act 1975

4B Matters to which Minister must have regard before recommending Order in Council under section 4(1) or (1B)

• (1) Before recommending to the Governor-General that an Order in Council be made under section 4(1), the Minister must, in respect of each substance, preparation, mixture, or article (drug) referred to in the proposed Order in Council,—

  • (a) consult with, and consider any advice given by, the Expert Advisory Committee on Drugs established under section 5AA, about the drug; and

  • (b) have regard to the matters set out in subsection (2).

  (2) The matters that the Minister must have regard to under subsection (1)(b), and on which the Expert Advisory Committee on Drugs must give advice, are—

  • (a) the likelihood or evidence of drug abuse, including such matters as the prevalence of the drug, levels of consumption, drug seizure trends, and the potential appeal to vulnerable populations; and

  • (b) the specific effects of the drug, including pharmacological, psychoactive, and toxicological effects; and

  • (c) the risks, if any, to public health; and

  • (d) the therapeutic value of the drug, if any; and

  • (e) the potential for use of the drug to cause death; and

  • (f) the ability of the drug to create physical or psychological dependence; and

  • (g) the international classification and experience of the drug in other jurisdictions; and

  • (h) any other matters that the Minister considers relevant.

  (3) Before recommending to the Governor-General that an Order in Council be made under section 4(1B), the Minister must, in relation to the amount, level, or quantity at and over which any controlled drug is to be presumed to be for supply in the proposed Order in Council,—

  • (a) consult with, and consider any advice given by, the Expert Advisory Committee on Drugs established under section 5AA, about the amount, level, or quantity at and over which a controlled drug might be presumed to be for supply; and

  • (b) have regard to the matters in subsection (4).

  (4) The matters that the Minister must have regard to under subsection (3)(b), and on which the Expert Advisory Committee on Drugs may give advice, are—

  • (a) the amount of the drug that could reasonably be possessed for personal use, including, without limitation, levels of consumption, the ability of the drug to create physical or psychological dependence, and the specific effects of the drug; and

  • (b) the amount, level, or quantity at and over which the drug is presumed to be for supply in other jurisdictions; and

  • (c) any other matters that the Minister considers relevant.

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

  Section 4B heading: amended, on 22 June 2005, by section 6(1) of the Misuse of Drugs Amendment Act 2005 (2005 No 81).

  Section 4B(2): amended, on 22 June 2005, by section 6(2) of the Misuse of Drugs Amendment Act 2005 (2005 No 81).

  Section 4B(3): added, on 22 June 2005, by section 6(3) of the Misuse of Drugs Amendment Act 2005 (2005 No 81).

  Section 4B(4): added, on 22 June 2005, by section 6(3) of the Misuse of Drugs Amendment Act 2005 (2005 No 81).