22 Powers of Minister to prohibit importation, etc, of controlled drugs
  • (1) The Minister may from time to time, by notice in the Gazette, prohibit the import, manufacture, production, procuring, possession, supply, administration, or other use of any specified controlled drug, either absolutely or subject to such conditions as he thinks fit, for any specified period not exceeding 1 year:

    provided that this power shall not be exercised more than once in respect of any controlled drug so specified.

    (1A) The Minister may from time to time, by notice in the Gazette, prohibit the importation, supply, possession for the purpose of sale or supply, or offering for sale of any class of pipe, other utensil, or identifiable component of a pipe or other utensil, not being a needle or syringe, that may be used for administering any controlled drug or in the preparation of any controlled drug to be administered, either absolutely or subject to such conditions as the Minister thinks fit.

    (2) Every person commits an offence against this Act who,—

    • (a) being a person permitted by or under this Act to import, manufacture, produce, procure, possess, supply, administer, or otherwise use, as the case may require, a controlled drug specified in a notice under subsection (1); or

    • (b) were it not for a notice issued under subsection (1), would be permitted by or under this Act to import, manufacture, produce, procure, possess, supply, administer, or otherwise use, as the case may require, a controlled drug specified in that notice,—

    contravenes or fails to comply with that notice.

    (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.

    (4) Subject to subsection (5), every person who commits an offence against subsection (3) is liable,—

    • (a) in the case of an individual, to imprisonment for a term not exceeding 3 months or to a fine not exceeding $1,000, or to both; or

    • (b) in the case of a body corporate, to a fine not exceeding $5,000.

    (5) Where—

    • (a) a body corporate is convicted of an offence against subsection (3); and

    • (b) under section 17(2), a person (being a director or person concerned in the management of that body corporate) is also guilty of that offence,—

    that person is liable to imprisonment for a term not exceeding 3 months or to a fine not exceeding $5,000, or to both.

    (6) Every notice issued under subsection (1A) is a regulation for the purposes of the Regulations (Disallowance) Act 1989, but is not a regulation for the purposes of the Acts and Regulations Publication Act 1989.

    Compare: 1960 No 97 s 28

    Section 22 heading: amended, on 21 August 1997, by section 2 of the Misuse of Drugs Amendment Act 1997 (1997 No 57).

    Section 22(1A): inserted, on 13 January 1988, by section 4(1) of the Misuse of Drugs Amendment Act (No 2) 1987 (1987 No 193).

    Section 22(1A): amended, on 9 August 2011, by section 6(1)(a) of the Misuse of Drugs Amendment Act (No 2) 2011 (2011 No 54).

    Section 22(1A): amended, on 9 August 2011, by section 6(1)(b) of the Misuse of Drugs Amendment Act (No 2) 2011 (2011 No 54).

    Section 22(2): substituted, on 21 August 1997, by section 2(1) of the Misuse of Drugs Amendment Act 1997 (1997 No 57).

    Section 22(3): substituted, on 9 August 2011, by section 6(2) of the Misuse of Drugs Amendment Act (No 2) 2011 (2011 No 54).

    Section 22(4): added, on 21 August 1997, by section 2(1) of the Misuse of Drugs Amendment Act 1997 (1997 No 57).

    Section 22(5): added, on 21 August 1997, by section 2(1) of the Misuse of Drugs Amendment Act 1997 (1997 No 57).

    Section 22(6): added, on 21 August 1997, by section 2(1) of the Misuse of Drugs Amendment Act 1997 (1997 No 57).