Misuse of Drugs Act 1975 No 116 (as at 17 October 2009), Public Act

Act by section

5AA Expert Advisory Committee on Drugs
  • (1) The Minister must establish an Expert Advisory Committee on Drugs to advise the Minister on drug classification matters.

    (2) The functions of the Committee are—

    • (a) to carry out medical and scientific evaluations of controlled drugs, and any other narcotic or psychotropic substances, preparations, mixtures, or articles; and

    • (b) to make recommendations to the Minister about—

      • (i) whether and how controlled drugs or other substances, preparations, mixtures, or articles should be classified; and

      • (ii) the amount, level, or quantity at and over which any substance, preparation, mixture, or article that is a controlled drug (or is proposed to be classified as a controlled drug), and that is to be specified or described in clause 1 of Schedule 5, is to be presumed to be for supply; and

      • (iii) the level at and over which controlled drugs to which clause 2 of Schedule 5 applies are presumed to be for supply; and

    • (c) to increase public awareness of the Committee’s work, by (for instance) the timely release of papers, reports, and recommendations.

    (3) The Committee must comprise—

    • (a) up to 5 people who, between them, have appropriate expertise in—

      • (i) pharmacology:

      • (ii) toxicology:

      • (iii) drug and alcohol treatment:

      • (iv) psychology:

      • (v) community medicine; and

    • (b) up to 3 people employed in the Public Service (as defined in section 27 of the State Sector Act 1988) who between them have appropriate expertise in—

      • (i) public health:

      • (ii) the appropriateness and safety of pharmaceuticals and their availability to the public:

      • (iii) border control; and

    • (c) 1 Police employee; and

    • (ca) 1 employee of the Ministry of Justice who has appropriate expertise in matters relating to the justice system; and

    • (d) 1 person representing the views of consumers of drug treatment services.

    (4) The Minister must appoint 1 member as chairperson of the Committee.

    (5) Subsections (2) and (3) of section 5 apply to the Expert Advisory Committee on Drugs as if it were a committee established under section 5.

    Section 5AA: inserted, on 15 November 2000, by section 5 of the Misuse of Drugs Amendment Act 2000 (2000 No 47).

    Section 5AA(2)(b)(ii): substituted, on 22 June 2005, by section 7(1) of the Misuse of Drugs Amendment Act 2005 (2005 No 81).

    Section 5AA(2)(b)(iii): added, on 22 June 2005, by section 7(1) of the Misuse of Drugs Amendment Act 2005 (2005 No 81).

    Section 5AA(3)(c): amended, on 1 October 2008, by section 130(1) of the Policing Act 2008 (2008 No 72).

    Section 5AA(3)(ca): inserted, on 22 June 2005, by section 7(2) of the Misuse of Drugs Amendment Act 2005 (2005 No 81).