Misuse of Drugs Act 1975

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37 Regulations

(1)

The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:

(a)

providing for the issue of licences for the import, export, possession, production, manufacture, procuring, supply, administration, or use of controlled drugs and the cultivation of prohibited plants:

(b)

prescribing the form, duration, terms, and conditions of any licence under this Act and enabling additional conditions to be imposed:

(c)

prescribing the fees payable for licences under this Act and providing for the cancellation and suspension of such licences:

(d)

permitting the import, export, possession, production, manufacture, procuring, supply, administration, or use of controlled drugs, and the cultivation of prohibited plants, otherwise than pursuant to a licence under this Act but subject to such conditions or restrictions as may be prescribed by or imposed under the regulations:

(e)

prohibiting, limiting, restricting, and imposing conditions on, either generally or in relation to particular cases or classes of case or particular classes of person, the prescribing, production, manufacture, procuring, supply, use, or possession of controlled drugs pursuant to any provision of section 8:

(f)

requiring persons who are engaged in the import, export, production, manufacture, procuring, supply, or administration of any controlled drug, or who utilise any controlled drug in the course of or in connection with their profession, trade, or calling, or any occupation whether paid or unpaid, or who otherwise undertake the supply or administration of any controlled drug, to keep records in such form and manner and to furnish information with respect to such matters as may be prescribed:

(fa)

regulating the issue of standing orders that authorise the supply and administration of controlled drugs, imposing conditions, limitations, requirements, or restrictions in relation to the contents of standing orders of that kind and their use, and providing for any other matters that are necessary or desirable for the administration of standing orders of that kind:

(g)

regulating the issue by medical practitioners, dentists, midwives, nurse practitioners, optometrists, designated prescribers, and veterinarians of prescriptions for the supply of any controlled drug, and requiring persons issuing or dispensing prescriptions in respect of any such drug to furnish such information relating to those prescriptions as may be prescribed:

(ga)

prescribing the circumstances in which, and the conditions under which, any person or class of persons may possess needles or syringes notwithstanding that those needles or syringes may be intended to be used for the purpose of the commission of offences against this Act:

(gb)

regulating the sale, exchange, or supply of needles or syringes—

(i)

by medical practitioners or pharmacists generally, or by those approved for the purpose by the Director-General of Health; or

(ii)

by authorised representatives of any agency, association, or body approved for the purpose by the Director-General of Health,—

notwithstanding that those needles or syringes may be intended by the persons to whom they are sold or supplied, or with whom they are exchanged, to be used for the commission of offences against this Act:

(h)

requiring any medical practitioner who attends a person whom he considers, or has reasonable grounds to suspect, is dependent on controlled drugs of any description to furnish such particulars with respect to that person as may be prescribed:

(i)

prohibiting, regulating, or restricting the supply of controlled drugs to any person so dependent and the issue of prescriptions for such supply:

(j)

regulating the dispensing and compounding of controlled drugs:

(k)

regulating the packing, labelling, storage, carriage, and destruction of controlled drugs:

(l)

declaring plants to be prohibited plants:

(m)

controlling or restricting the cultivation and destruction of prohibited plants and the sale, distribution, possession, and destruction of the seeds or fruit of prohibited plants:

(n)

providing for the weighing, counting, measuring, sealing, seizing, and taking of samples of controlled drugs:

(o)

prohibiting, regulating, or restricting advertisements for controlled drugs, and statements made in any such advertisement:

(p)

providing for the waiver of fees in whole or in part in particular cases or classes of cases and for the total or partial refund of fees:

(q)

prescribing offences in respect of the contravention of or non-compliance with any regulations made under this Act, and the amounts of fines that may be imposed in respect of any such offences, which fines shall be an amount not exceeding $500 and, where the offence is a continuing one, a further amount not exceeding $20 for every day or part of a day during which the offence has continued:

(r)

exempting, or providing for the exemption of, any persons or classes of persons, or excepting any controlled drugs, from any provision of any regulation made under this Act which imposes conditions or obligations:

(s)

generally for prohibiting, controlling, or restricting the import, export, possession, production, manufacture, procuring, supply, administration, and use of controlled drugs:

(t)

providing for such matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for its due administration.

(2)

Any regulations made under subsection (1) may—

(a)

be expressed to apply to controlled drugs generally, or to particular controlled drugs or classes of controlled drugs specified or described in the regulations, and may make different provision for different controlled drugs or classes of controlled drugs so specified or described:

(b)

provide for depriving persons of any rights, privileges, or exemptions, conferred on any class of person to which those persons belong, by any such regulations.

Compare: 1965 No 45 s 23; 1960 No 97 s 53(2)(h), (o); Misuse of Drugs Act 1971 s 10(2)(g), (h), (i) (UK)

Section 37(1)(fa): inserted, on 22 October 2003, by section 6 of the Misuse of Drugs Amendment Act 2003 (2003 No 86).

Section 37(1)(g): amended, on 1 July 2014, by section 47 of the Medicines Amendment Act 2013 (2013 No 141).

Section 37(1)(g): amended, on 22 December 2005, by section 105 of the Veterinarians Act 2005 (2005 No 126).

Section 37(1)(g): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 37(1)(g): amended, on 15 October 1999, by section 16 of the Medicines Amendment Act 1999 (1999 No 117).

Section 37(1)(g): amended, on 28 August 1990, by section 18 of the Nurses Amendment Act 1990 (1990 No 107).

Section 37(1)(ga): inserted, on 13 January 1988, by section 7 of the Misuse of Drugs Amendment Act (No 2) 1987 (1987 No 193).

Section 37(1)(gb): inserted, on 13 January 1988, by section 7 of the Misuse of Drugs Amendment Act (No 2) 1987 (1987 No 193).