Psychoactive Substances Act 2013

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Psychoactive Substances Act 2013

Public Act2013 No 53
Date of assent17 July 2013
Commencementsee section 2

Contents

1 Title

2 Commencement

Part 1
Preliminary provisions

Subpart 1Preliminary matters

3 Purpose

4 Principles

5 Application of Act

6 Overview

7 Act binds the Crown

Subpart 2Interpretation

General

8 Interpretation

Meaning of psychoactive substance

9 Meaning of psychoactive substance

Subpart 3Key regulatory roles

10 Psychoactive Substances Regulatory Authority

11 Psychoactive Substances Expert Advisory Committee

12 Duty of advisory committee relating to use of animals when evaluating psychoactive products

Part 2
Psychoactive substances and approved products

Subpart 1Licences to import, manufacture, research, and sell

Applications for licence

13 Application for licence

14 Authority may refuse to process application for licence

15 Authority may request further information, etc

Granting of licence

16 Grounds for granting licence

Conditions of licence

17 Compulsory conditions of licences

18 Discretionary conditions of licence

Duration of licence

19 Duration of licence

Licence not transferable

20 Licence may not be transferred

Refusal of licence

21 Refusal to grant licence

Suspension, cancellation, and surrender of licence

22 Suspension or cancellation of licence

23 Surrender of licence

Offences relating to licences

24 Offence relating to application for licence

25 Offence relating to importation of psychoactive substance without licence

26 Offence relating to manufacture of psychoactive substance without licence

27 Offence relating to sale of approved product without licence

28 Offence relating to breach of licence condition

Further provisions relating to manufacture of psychoactive substances

29 Code of manufacturing practice

30 Audit of manufacturing facilities

31 Authorised person may enter manufacturing facility

32 Authority may issue compliance notice

Subpart 2Approved products

Applications for approval

33 Application for approval

34 Authority may refuse to process application for approval

35 Authority may request further information, etc

36 Authority must protect confidential supporting information relating to application for approval

Granting of approval

37 Grounds for approving product

Conditions of approval

38 Conditions of approval

Refusal and revocation of approval

39 Refusal to grant approval

40 Revocation of approval

Offences relating to approvals

41 Offence relating to application for approval

42 Offence relating to breach of conditions of approval

Register of products

43 Register of products

Subpart 3Appeals against decisions of Authority

44 Psychoactive Substances Appeals Committee

45 Appeals against Authority's decisions

46 Appeals committee may refer appeals back for reconsideration

Further appeals

47 Appeal to High Court on question of law

Part 3
Control of approved products and other matters

Subpart 1Control of approved products

Age restrictions

48 Restriction on persons under 18 years buying or possessing psychoactive substances (including approved products)

49 Restriction on selling approved products to persons under 18 years

50 Restriction on supplying approved products to persons under 18 years in public place

51 Restriction on employing persons under 18 years to sell approved products

Other restrictions, prohibitions, and requirements relating to approved products

52 Prohibitions and restrictions on place of sale of approved products

53 Restrictions and requirements relating to Internet sales of approved products

54 Prohibition on free-of-charge distribution and rewards of approved products

55 Prohibition on sponsoring activity involving use of trade mark, etc, of approved product

56 Prohibitions, restrictions, and requirements relating to advertising of approved products

57 Restriction on retailer's name using words, expressions, or trade marks, etc, associated with approved products

58 Restrictions and requirements relating to labelling of approved products

59 Restrictions and requirements relating to packaging of approved products

60 Requirement relating to health warnings

61 Requirement to display signage

62 Restrictions and requirements relating to storage and display of approved products

63 Restrictions and requirements relating to disposal of psychoactive substances

64 Requirement to keep records relating to psychoactive substances and approved products

Prohibitions and restrictions on convicted persons selling approved products

65 Prohibitions and restrictions on convicted persons selling approved products

Local approved products policies

66 Territorial authority may have local approved products policy

67 Territorial authorities may adopt joint local approved products policy

68 Content of local approved products policy

69 Adoption and review of local approved products policy

Subpart 2Offences relating to psychoactive substances that are not approved products

70 Offences relating to psychoactive substance that is not approved product

71 Offence relating to personal possession of psychoactive substance that is not approved product

Infringement offences

72 Interpretation

73 Proceedings for infringement offence

74 Infringement notices

75 Payment of infringement fees

Subpart 3Enforcement

Enforcement officers

76 Enforcement officers

Enforcement powers

77 Warrantless power to enter and search

78 Power to enter and search retail premises

79 Warranted power to enter and search

80 Power to demand information where offence against section 49 suspected

81 Power to demand information where offence against section 48, 50, or 71 suspected

82 Forfeiture

Offences relating to enforcement

83 Obstructing enforcement officer or constable

International controlled delivery of psychoactive substances

84 International controlled delivery of psychoactive substances

Liability of principals and directors

85 Liability of principals and directors

Subpart 4Other powers of Authority

86 Authority may declare recognised authorities

87 Approved laboratories

88 Recall orders

89 Export certificates

Subpart 5Cost recovery

90 Costs to be recovered

91 Principles of cost recovery

92 Methods of cost recovery

93 Cost recovery to relate generally to financial year

94 Three-yearly review of cost recovery

95 Regulations prescribing fees and charges

96 Regulations imposing levies

97 Failure to pay fee, charge, or levy

Subpart 6Other matters

Duty to notify adverse reactions

98 Duty of specified persons to notify Authority about adverse reactions

Regulations

99 Regulations relating to psychoactive substances

100 Regulations relating to infringement offences

101 Other regulations

Delegation of Authority's functions, duties, or powers

102 Delegation of Authority's functions, duties, or powers

Protection from civil and criminal liability

103 Immunities

Relationship with other enactments

104 Relationship with Hazardous Substances and New Organisms Act 1996

105 Application of Customs and Excise Act 1996

Review of Act

106 Ministry must review Act

Application, savings, and transitional provisions

107 Application, savings, and transitional provisions

Amendments to Search and Surveillance Act 2012

108 Amendments to Search and Surveillance Act 2012

Amendments to Children, Young Persons, and Their Families Act 1989

109 Amendments to Children, Young Persons, and Their Families Act 1989

Consequential amendments and revocation

110 Consequential amendments and revocation

Schedule 1
Application, savings, and transitional provisions

Schedule 2
Consequential amendments and revocation

Legislative history


The Parliament of New Zealand enacts as follows: