Dangerous Drugs Amendment Act 1960
Dangerous Drugs Amendment Act 1960
Dangerous Drugs Amendment Act 1960
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Dangerous Drugs Amendment Act 1960
Public Act |
1960 No 104 |
|
Date of assent |
25 October 1960 |
|
Contents
An Act to amend the Dangerous Drugs Act 1927
BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:
1 Short Title
This Act may be cited as the Dangerous Drugs Amendment Act 1960, and shall be read together with and deemed part of the Dangerous Drugs Act 1927 (hereinafter referred to as the principal Act).
2 Interpretation
Section 2 of the principal Act is hereby amended by inserting in subsection (1), in their appropriate alphabetical order, the following definitions:
“To ‘cultivate’ includes to sow or to plant; and ‘cultivation’ has a corresponding meaning:
“‘Prohibited plant’ means—
“(a)
Cannabis sativa:
“(b)
Every variety of Papaver somniferum:
“(c)
Erythroxylum coca and Erythroxylum truxillense and every species of Erythroxylum from which a dangerous drug can be produced:
“(d)
Any other plant which is declared to be a prohibited plant by regulations made under this Act.”
3 Licensing of importation and exportation of dangerous drugs transferred from Comptroller of Customs to Director-General of Health
(1)
Section 4 of the principal Act is hereby amended by repealing subsections (1) and (3).
(2)
Section 5 of the principal Act is hereby amended:
(a)
By omitting from subsection (2) the word “Comptroller”
, and substituting the words “Director-General of Health”
:
(b)
By inserting in subsection (4), after the word “Minister”
, the words “of Health”
.
(3)
Section 6 of the principal Act is hereby amended by omitting the word “Comptroller”
, and substituting the words “Director-General of Health”
.
(4)
Section 25 of the principal Act is hereby amended by adding to subsection (2) (as amended by subsection (2) of section 2 of the Dangerous Drugs Amendment Act 1928) the words “or a Medical Officer of Health”
.
(5)
This section shall come into force on the first day of January, nineteen hundred and sixty-one.
4 Control of products obtained from the phenanthrene alkaloids of opium or from the ecgonine alkaloids of the coca leaf
The principal Act is hereby further amended by inserting, after section 6, the following section:
“6a
“(1)
No person shall import, produce, manufacture, sell, distribute, or otherwise deal in any product which is obtained from any of the phenanthrene alkaloids of opium or from any of the ecgonine alkaloids of the coca leaf and which is not a dangerous drug:
“Provided that if the Governor-General is satisfied that any such product is of medical or scientific value, he may by Order in Council declare that this section shall not apply to that product.
“(2)
For the purposes of sections 11 and 13 of this Act every product to which subsection (1) of this section applies shall be deemed to be a dangerous drug within the meaning of this Act.”
5 Cultivation of prohibited plants
The principal Act is hereby amended by inserting, after section 9, the following section:
“9a
“(1)
No person shall cultivate any prohibited plant except pursuant to a licence issued by the Director-General.
“(2)
No person shall be in possession of the seed of any prohibited plant for the purpose of sowing it unless he is the holder of a licence to cultivate that prohibited plant.
“(3)
Any officer of Customs, or any officer of the Department of Health, or any member of the Police, with such assistants as he thinks necessary, may seize and destroy any prohibited plant which is being cultivated other than in accordance with the conditions of a licence granted under this section, and may also seize and destroy the seed of any prohibited plant if that seed is in the possession of any person who is not the holder of a licence to cultivate that plant granted under this section or if it is in the possession of any person who is cultivating any prohibited plant other than in accordance with the conditions of a licence granted under this section.
“(4)
It shall be a defence to a charge under subsection (1) or subsection (2) of this section if the person charged proves that the prohibited plant or seed to which the charge relates was a variety of Papaver somniferum, and that it was not intended to be a source of any dangerous drug or that it was not being developed as a variety from which a dangerous drug could be produced.”
6 Unlawful supply or possession of dangerous drugs
(1)
The principal Act is hereby further amended by repealing section 15, and substituting the following section:
“15
“(1)
Every person is liable on conviction on indictment to imprisonment for a term not exceeding fourteen years who, contrary to the provisions of this Act or of any regulations made under this Act, sells, gives, supplies, or administers, or offers to sell, give, supply, or administer, any dangerous drug to any person if that person is under the age of twenty-one years.
“(2)
Every person is liable on conviction on indictment to imprisonment for a term not exceeding seven years who, contrary to the provisions of this Act or of any regulations made under this Act,—
“(a)
Produces, manufactures, distributes, or deals in or has in his possession any dangerous drug:
“(b)
Sells, gives, supplies, or administers, or offers to sell, give, supply, or administer, any dangerous drug to any person if that person is of or over the age of twenty-one years:
“Provided that if the Judge is satisfied that the contravention of the Act or regulations was not wilful or that it constituted merely a breach of a provision relating to the keeping of books or the issuing or dispensing of prescriptions or other matters of a procedural character, the offender is liable to imprisonment for a term not exceeding three months or to a fine not exceeding one hundred pounds or to both.”
(2)
The First Schedule to the Summary Proceedings Act 1957 is hereby amended by inserting in Part II, after the reference to the Customs Act 1913, the following words:
| “The Dangerous Drugs Act 1927 | 15 | Offences as to supply and possession of dangerous drugs”. |
7 General penalty increased
Section 20 of the principal Act is hereby amended by omitting the words “fifty pounds”
, and substituting the words “one hundred pounds or to imprisonment for three months or to both”
.
8 Minimum fines abolished
The principal Act is hereby further amended by repealing section 21.
9 Summary jurisdiction
Section 25 of the principal Act is hereby further amended by adding the following subsection:
“(4)
Except where this Act otherwise provides, every offence against this Act or against any regulations made under this Act shall be punishable on summary conviction.”
10 Power to make additional regulations
Section 26 of the principal Act is hereby amended by omitting from the end of paragraph (e) of subsection (1) the word “and”
, and repealing paragraph (f) of that subsection and substituting the following paragraphs:
“(f)
Declaring plants to be prohibited plants;
“(g)
Controlling or restricting the cultivation of prohibited plants and the sale, distribution, and possession of the seeds of prohibited plants;
“(h)
Providing for the weighing, counting, measuring, sealing, seizing, and taking of samples of dangerous drugs; and
“(i)
Generally for prohibiting, controlling, or restricting the importation, exportation, production, manufacture, sale, distribution, possession, purchase or procuring, and use of dangerous drugs, and prescribing fees and all matters which are required or permitted to be prescribed by this Act or with respect to which regulations are necessary or convenient for giving full effect to this Act.”
11 Regulations to be laid before Parliament
Section 26 of the principal Act is hereby further amended by adding the following subsection:
“(3)
All regulations made under this Act and all Orders in Council made under section 3 or section 6a hereof shall be laid before Parliament.”
12 Act to bind the Crown
The principal Act is hereby further amended by inserting, after section 27, the following section:
“27a
This Act shall bind the Crown.”
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Versions
Dangerous Drugs Amendment Act 1960
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