Misuse of Drugs Amendment Act 2005 No 81 (as at 01 April 2008), Public Act

62 Regulations
  • (1) The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:

    • Exemptions—
    • (a) exempting any specified preparation, concentration, form, or use of a restricted substance from being a restricted substance:

    • Place of sale or supply restrictions
    • (b) prescribing restrictions on the places and premises from which restricted substances may be sold or supplied, or both, including, without limitation, restrictions of the following kinds:

      • (i) a restriction completely prohibiting the sale or supply, or both, of restricted substances from premises of a specified kind (for example, from non-fixed premises, such as a vehicle):

      • (ii) a restriction prohibiting the sale of restricted substances from certain types of retail premises (for example, premises where liquor is sold):

      • (iii) a restriction prohibiting the sale or supply, or both, of restricted substances from places where children or minors gather (for example, schools or recreational facilities):

    • Advertising restrictions and requirements
    • (c) prescribing restrictions on the location, manner, way, medium, or form in which advertising for restricted substances may appear, including, without limitation, restrictions of the following kinds:

      • (i) a restriction completely prohibiting sponsorship activities relating to restricted substances:

      • (ii) a restriction on advertising restricted substances in certain places (for example, near schools):

      • (iii) a restriction on using certain forms or themes of advertising for restricted substances (for example, advertising that appeals to children):

    • (d) prescribing requirements relating to the location, manner, way, medium, and form in which advertising for restricted substances, if undertaken, is to appear, including, without limitation, a requirement that advertising for restricted substances include certain information (for example, the ingredients contained in the restricted substance):

    • Labelling restrictions and requirements
    • (e) prescribing restrictions on the manner, way, medium, or form in which the labelling of restricted substances is to appear for the purposes of sale or supply, or both, including, without limitation, prohibiting certain kinds of labelling (for example, labelling designed to appeal to children or that associates restricted substances with youth culture):

    • (f) prescribing requirements relating to the manner, way, medium, or form in which the labelling of restricted substances is to appear for the purposes of sale or supply, or both (for example, requiring that the inner and outer packages for restricted substances both carry labels specifying certain prescribed matters):

    • Packaging restrictions and requirements
    • (g) prescribing restrictions on the size and type of packaging for restricted substances for the purposes of sale or supply, or both:

    • (h) prescribing requirements as to the size and type of packaging for restricted substances for the purposes of sale or supply, or both (for example, that packaging is to be tamper-proof or child-proof):

    • (i) prescribing restrictions on the type of material and the medium or form of the material that may be inserted in packages that hold restricted substances for the purposes of sale or supply, or both, including, without limitation, a restriction prohibiting the inclusion of written material of a certain kind (for example, material that associates restricted substances with youth culture):

    • (j) prescribing requirements as to the content of any material required to be inserted in packages that hold restricted substances for the purposes of sale, supply, or both, including, without limitation, a requirement that certain material be inserted in the package (for example, informational leaflets relating to contraindications for use of the restricted substance):

    • (k) prescribing requirements relating to the material, and the medium or form of the material that is to be inserted in packages that hold restricted substances for the purposes of sale, supply, or both, including, without limitation, a requirement that material be presented in a certain way (for example, printed in a certain size or manner):

    • Health warning requirements
    • (l) prescribing requirements that health warnings accompany restricted substances for the purposes of sale or supply, or both, including, without limitation, the following kinds of requirements:

      • (i) a requirement that a health warning accompany a restricted substance that specifies that the restricted substance should not be taken with certain other things (for example, liquor, drugs, other restricted substances, or medicines):

      • (ii) a requirement that a health warning accompany a restricted substance that specifies that the restricted substance should not be taken when a person is in a specified condition or situation (for example, the person is pregnant, breast-feeding, driving, or operating heavy machinery):

      • (iii) a requirement that a health warning accompany the restricted substance that states where to obtain help should adverse effects occur as a result of taking the restricted substance:

    • (m) prescribing requirements as to the manner, way, medium, or form in which health warnings are, if required, to appear (for example, that the health warning is to be on the label or advertising of a package containing restricted substances):

    • Signage requirements
    • (n) prescribing requirements relating to signage that is to be displayed when restricted substances are sold:

    • (o) prescribing requirements as to the manner, way, medium, and form in which signage, if required, is to be displayed when restricted substances are sold (for example, a requirement that a person selling a restricted substance display a sign of a particular size stating that the restricted substance may not be sold to a person under the age of 18 years or stating a recommended maximum dosage):

    • Quantity, dosage, form, and serving requirements
    • (p) prescribing restrictions on the quantity or form of restricted substances that may be sold or supplied together at any one time:

    • (q) prescribing requirements relating to the quantity or form of restricted substances that may be sold or supplied together at any one time:

    • (r) prescribing restrictions on the maximum dosage or serving of restricted substances that may be sold or supplied at any one time:

    • (s) prescribing requirements relating to the maximum dosage or serving of restricted substances that may be sold or supplied at any one time:

    • Storage and display restrictions
    • (t) prescribing restrictions on the storage or display of restricted substances for the purposes of sale or supply, or both, including, without limitation, a restriction on the maximum amount of any restricted substance that may be stored in any premises at any one time:

    • (u) prescribing restrictions on the manner of storage and display of restricted substances for the purposes of sale or supply, or both, including, without limitation, a restriction that a restricted substance must not be displayed in a particular place (for example, a position in a shop where it is visible from the street):

    • (v) prescribing requirements relating to the storage or display, or both, of restricted substances for the purposes of sale or supply, or both (for example, a requirement that sellers of a restricted substance must store it at or below a certain temperature):

    • Record-keeping requirements
    • (w) prescribing requirements for specified persons to keep records under this Part and the period of time for which those records must be retained:

    • General
    • (x) providing for such matters as are contemplated by or necessary for giving full effect to the provisions of this Part and for its due administration.

    (2) Any regulations made under subsection (1) may apply to all restricted substances, any class or description of restricted substances, or any particular restricted substance.