Psychoactive Substances Bill

  • enacted

Hon Todd McClay

Psychoactive Substances Bill

Government Bill

100—3

As reported from the committee of the whole House

Contents

Key

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

11A Duty of advisory committee relating to use of animals when evaluating psychoactive product for approval

11A 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

12 Application for licence

13 Authority may refuse to process application for licence

14 Authority may request further information, etc

Granting of licence

15 Grounds for granting licence

Conditions of licence

16 Compulsory conditions of licences

17 Discretionary conditions of licence

Duration of licence

18 Duration of licence

Licence not transferable

19 Licence may not be transferred

Refusal of licence

20 Refusal to grant licence

Suspension, cancellation, and surrender of licence

21 Suspension or cancellation of licence

22 Surrender of licence

Offences relating to licences

23 Offence relating to application for licence

24 Offence relating to importation of psychoactive substance without licence

25 Offence relating to manufacture of psychoactive substance without licence

25A Offence relating to sale of approved product without licence

26 Offence relating to importation, manufacture, research, or sale in breach of licence conditions

26 Offence relating to breach of licence condition

Further provisions relating to manufacture of psychoactive substances

27 Code of manufacturing practice

28 Audit of manufacturing facilities

29 Authorised person may enter manufacturing facility

30 Authority may issue compliance notice

Subpart 2Approved products

Applications for approval

31 Application for approval

32 Authority may refuse to process application for approval

33 Authority may request further information, etc

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

Granting of approval

35 Grounds for approving product

Conditions of approval

36 Conditions of approval

Refusal and revocation of approval

37 Refusal to grant approval

38 Revocation of approval

Offences relating to approvals

39 Offence relating to application for approval

40 Offence relating to breach of conditions of approval

Register of products

41 Register of products

Subpart 3Appeals against decisions of Authority

42 Psychoactive Substances Appeals Committee

43 Appeals against Authority's decisions

44 Appeals committee may refer appeals back for reconsideration

Further appeals

45 Appeal to High Court on question of law

Part 3
Control of approved products and other matters

Subpart 1Control of approved products

Age restrictions

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

47 Restriction on selling approved products to persons under 18 years

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

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

Other restrictions, prohibitions, and requirements relating to approved products

50 Prohibitions and restrictions on place of sale of approved products

51 Restrictions and requirements relating to Internet sales of approved products

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

52A Prohibition on sponsoring activity involving use of trade mark, etc, of approved product

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

53A Restriction on retailer's name using words, expressions, or trademarks, etc, associated with approved products

54 Restrictions and requirements relating to labelling of approved products

55 Restrictions and requirements relating to packaging of approved products

56 Requirement relating to health warnings

57 Requirement to display signage

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

59 Restrictions and requirements relating to disposal of psychoactive substances

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

Prohibitions and restrictions on convicted persons selling approved products

61 Prohibitions and restrictions on convicted persons selling approved products

Local approved products policies

61A Territorial authority may have local approved products policy

61B Territorial authorities may adopt joint local approved products policy

61C Content of local approved products policy

61D Adoption and review of local approved products policy

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

62 Offences relating to psychoactive substance that is not approved product

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

Infringement offences

64 Interpretation

65 Proceedings for infringement offence

66 Infringement notices

67 Payment of infringement fees

Subpart 3Enforcement

Enforcement officers

68 Enforcement officers

Enforcement powers

69 Warrantless power to enter and search

69A Power to enter and search retail premises

70 Warranted power to enter and search

71 Power to demand information where offence against section 47 suspected

72 Power to demand information where offence against section 46, 48, or 63 suspected

73 Forfeiture

Offences relating to enforcement

74 Obstructing enforcement officer or constable

International controlled delivery of psychoactive substances

75 International controlled delivery of psychoactive substances

Liability of principals and directors

75A Liability of principals and directors

Subpart 4Other powers of Authority

76 Authority may declare recognised authorities

77 Approved laboratories

78 Recall orders

79 Export certificates

Subpart 4ACost recovery

79A Costs to be recovered

79B Principles of cost recovery

79C Methods of cost recovery

79D Cost recovery to relate generally to financial year

79E Three-yearly review of cost recovery

79F Regulations prescribing fees and charges

79G Regulations imposing levies

79H Failure to pay fee, charge, or levy

Subpart 5Other matters

Duty to notify adverse reactions

80 Duty of specified persons to notify Authority about adverse reactions

Regulations

81 Regulations relating to psychoactive substances

82 Regulations relating to infringement offences

83 Other regulations

Delegation of Authority's functions, duties, or powers

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

Protection from civil and criminal liability

84A Immunities

Relationship with other enactments

85 Relationship with Hazardous Substances and New Organisms Act 1996

86 Application of Customs and Excise Act 1996

Review of Act

87 Ministry must review Act

Application, savings, and transitional provisions

88 Application, savings, and transitional provisions

Amendments to Search and Surveillance Act 2012

89 Amendments to Search and Surveillance Act 2012

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

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

Consequential amendments and revocation

91 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: