Misuse of Drugs Amendment Act 2005

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Reprint as at 1 April 2010

Misuse of Drugs Amendment Act 2005

Public Act2005 No 81
Date of assent21 June 2005
Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.

A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.

Contents

1 Title

2 Commencement

Part 1
Substantive amendments to Misuse of Drugs Act 1975 and consequential amendments

3 Interpretation

4 Amendment of schedules that identify controlled drugs and precursor substances

5 Procedure for bringing Order in Council made under section 4(1) into force

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

7 Expert Advisory Committee on Drugs

8 Dealing with controlled drugs

9 Aiding offences against corresponding law of another country

10 New sections 12AB and 12AC inserted

12AB Offence to knowingly import or export precursor substances for unlawful use

12AC Offence to import or export precursor substance without reasonable excuse

11 Laundering proceeds of drug offences

12 Commission of offences outside New Zealand

13 Miscellaneous offences

14 Search and seizure

15 Powers of Minister to prohibit prescribing, etc

16 Mistake as to nature of controlled drug or precursor substance

17 Further provision on crimes to be treated as included in extradition treaties

18 Restrictions on surrender of offenders

19 New section 36 substituted

36 Application of Customs and Excise Act 1996

20 New Part 3 added to Schedule 4 of principal Act

21 Schedule 4 of principal Act amended

22 New Schedule 5 added

23 Consequential amendments

Part 2
Amendments to Misuse of Drugs Amendment Act 1978

24 Allowing delivery of unlawfully imported drugs for purpose of detection, etc

25 New sections 12A to 12D inserted

12A Searches relating to persons involved in delivery under section 12

12B Seizure of items found during search under section 12A

12C Obligations on member of police or Customs officer conducting search under section 12A to identify self and power relied on

12D International controlled delivery and liability for offences

26 New sections 13EA to 13EE inserted

13EA Searches associated with detention warrant

13EB Definition of rub-down search

13EC Definition of strip search

13ED Restrictions on searches associated with detention warrant

13EE Reporting search associated with detention warrant

27 Renewal of warrants

28 Commissioner of Police and chief executive of New Zealand Customs Service to report to Parliament

29 Schedule 2 amended

30 Transitional provision relating to person detained under amendment Act on commencement of this Act

Part 3
Restricted substances

31 Interpretation

Functions of Expert Advisory Committee on Drugs under this Part

32 Functions of Expert Advisory Committee on Drugs under this Part

Scheduling restricted substances

33 Amendment to Schedule 4

34 Procedure for bringing Order in Council into force

35 Matters to which Minister must have regard before recommending Order in Council under section 33(1)

Sale and supply restrictions

36 Restriction on selling restricted substances to persons under 18 years

37 Defence to charge of selling restricted substance to person under 18 years

38 Restriction on persons under 18 years selling restricted substances

39 Restriction on supplying restricted substances to persons under 18 years

40 Defence to charge of supplying restricted substance to person under 18 years

41 Restriction on place of sale or supply of restricted substances

42 Restriction on free of charge distribution and rewards of restricted substances

Advertising restrictions and requirements

43 Restrictions and requirements relating to advertising restricted substances

Labelling restrictions and requirements

44 Restrictions and requirements relating to labelling restricted substances

Packaging restrictions and requirements

45 Restrictions and requirements relating to packaging restricted substances

Health warning requirements

46 Requirement relating to health warning

Signage requirements

47 Requirement to display signage

Quantity, dosage, form, and serving restrictions and requirements

48 Restrictions and requirements relating to quantity, dosage, form, or serving of restricted substances

Storage and display restrictions and requirements

49 Restrictions and requirements relating to storage and display of restricted substances

Manufacturing requirement

50 Requirement to manufacture restricted substances in accordance with code of practice

51 Restriction on import of restricted substances

Recall

52 Recall of restricted substances in certain circumstances

Record-keeping requirement

53 Requirement to keep records relating to restricted substances

Certain persons prohibited from selling or manufacturing restricted substances

54 Certain persons prohibited from selling or manufacturing restricted substances

Enforcement officers

55 Enforcement officers

Enforcement powers

56 Entry and inspection for purposes of ensuring compliance with this Part

57 Powers of entry and inspection if reasonable grounds to believe offence committed under this Part

58 Requirement to give identifying information

59 Information laid under this Part

Offences relating to enforcement

60 Offence to obstruct enforcement officer or member of police under this Part

61 Offence to make false statement to enforcement officer or member of police under this Part

Regulations

62 Regulations

Code of manufacturing practice

63 Code of manufacturing practice

Relationship of this Part to other specified enactments

64 Relationship of this Part to specified enactments

65 Sections of principal Act that do not apply to restricted substances

66 Application of section 31 of principal Act to this Part

67 Administration of this Part

Schedule 1
New Part 3 added to Schedule 4 of principal Act

Schedule 2
New Schedule 5 added to principal Act

Schedule 3
Consequential amendments to other enactments

Schedule 4
Restricted substances

Reprint notes

The Parliament of New Zealand enacts as follows: