Misuse of Drugs Amendment Act 2005

Reprint as at 18 July 2013

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.

This Act is administered by the Ministry of Health.


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

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

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

26 New sections 13EA to 13EE inserted

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

[Repealed]

31 Interpretation [Repealed]

Functions of Expert Advisory Committee on Drugs under this Part

[Repealed]

32 Functions of Expert Advisory Committee on Drugs under this Part [Repealed]

Scheduling restricted substances

[Repealed]

33 Amendment to Schedule 4 [Repealed]

34 Procedure for bringing Order in Council into force [Repealed]

35 Matters to which Minister must have regard before recommending Order in Council under section 33(1) [Repealed]

Sale and supply restrictions

[Repealed]

36 Restriction on selling restricted substances to persons under 18 years [Repealed]

37 Defence to charge of selling restricted substance to person under 18 years [Repealed]

38 Restriction on persons under 18 years selling restricted substances [Repealed]

39 Restriction on supplying restricted substances to persons under 18 years [Repealed]

40 Defence to charge of supplying restricted substance to person under 18 years [Repealed]

41 Restriction on place of sale or supply of restricted substances [Repealed]

42 Restriction on free of charge distribution and rewards of restricted substances [Repealed]

Advertising restrictions and requirements

[Repealed]

43 Restrictions and requirements relating to advertising restricted substances [Repealed]

Labelling restrictions and requirements

[Repealed]

44 Restrictions and requirements relating to labelling restricted substances [Repealed]

Packaging restrictions and requirements

[Repealed]

45 Restrictions and requirements relating to packaging restricted substances [Repealed]

Health warning requirements

[Repealed]

46 Requirement relating to health warning [Repealed]

Signage requirements

[Repealed]

47 Requirement to display signage [Repealed]

Quantity, dosage, form, and serving restrictions and requirements

[Repealed]

48 Restrictions and requirements relating to quantity, dosage, form, or serving of restricted substances [Repealed]

Storage and display restrictions and requirements

[Repealed]

49 Restrictions and requirements relating to storage and display of restricted substances [Repealed]

Manufacturing requirement

[Repealed]

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

51 Restriction on import of restricted substances [Repealed]

Recall

[Repealed]

52 Recall of restricted substances in certain circumstances [Repealed]

Record-keeping requirement

[Repealed]

53 Requirement to keep records relating to restricted substances [Repealed]

Certain persons prohibited from selling or manufacturing restricted substances

[Repealed]

54 Certain persons prohibited from selling or manufacturing restricted substances [Repealed]

Enforcement officers

[Repealed]

55 Enforcement officers [Repealed]

Enforcement powers

[Repealed]

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

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

58 Requirement to give identifying information [Repealed]

59 Time for filing charging document under this Part [Repealed]

Offences relating to enforcement

[Repealed]

60 Offence to obstruct enforcement officer or constable under this Part [Repealed]

61 Offence to make false statement to enforcement officer or constable under this Part [Repealed]

Regulations

[Repealed]

62 Regulations [Repealed]

Code of manufacturing practice

[Repealed]

63 Code of manufacturing practice [Repealed]

Relationship of this Part to other specified enactments

[Repealed]

64 Relationship of this Part to specified enactments [Repealed]

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

66 Application of section 31 of principal Act to this Part [Repealed]

67 Administration of this Part [Repealed]

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

[Repealed]

Reprint notes


The Parliament of New Zealand enacts as follows: