4 Amendment of schedules that identify controlled drugs and precursor substances, and set amount, level, or quantity at and over which controlled drugs are presumed to be for supply

(1)

The Governor-General may, by Order in Council, in accordance with a recommendation of the Minister, amend Schedule 1, Schedule 2, Schedule 3, and Schedule 4, by doing any 1 or more of the following to any 1 or more of those schedules:

(a)

adding the name or description of any substance, preparation, mixture, or article to a schedule; or

(b)

removing the name or description of any substance, preparation, mixture, or article from a schedule; or

(c)

moving the name or description of any substance, preparation, mixture, or article from one schedule, or Part or clause of a schedule, and inserting that name or description in another schedule, or Part or clause of a schedule.

(1A)

An Order in Council may not be made under subsection (1) in relation to a controlled drug if the effect of the Order in Council is—

(a)

to remove the controlled drug from all of Schedules 1 to 3; or

(b)

to move the controlled drug—

(i)
(ii)
(iii)

from Part 1 of Schedule 2 or of Schedule 3 to another Part of the same schedule.

(1B)

The Governor-General may, by Order in Council, in accordance with a recommendation of the Minister, amend Schedule 5 by doing any of the following:

(a)

altering the amount, level, or quantity at and over which any controlled drug is presumed to be for supply:

(b)

adding any substance, preparation, mixture, or article that is to be classified as a controlled drug to clause 1 of Schedule 5 and the amount, level, or quantity at and over which it is presumed to be for supply.

(1C)

An Order in Council may not be made under subsection (1B)(a) in relation to a controlled drug unless the name or description of the controlled drug is, at the same time, being moved from Schedule 1, 2, or 3, or from a Part or clause of Schedule 1, 2, or 3 to another of those schedules, Parts, or clauses.

(1D)

An Order in Council may not be made under subsection (1B)(b) in relation to a substance, preparation, mixture, or article unless its name or description is, at the same time, being added to Schedule 1, 2, or 3.

(2)

An Order in Council made under subsection (1) or subsection (1B) may not come into force except in accordance with a commencement order made under section 4A.

(3)

An Order in Council made under subsection (1) or (1B) is a legislative instrument, but not a disallowable instrument, for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.

(4)

The Governor-General may, by Order in Council,—

(a)

amend the name or description of any substance, preparation, mixture, or article named or described in Schedule 1, Schedule 2, Schedule 3, or Schedule 5, if the amendment is necessary for the purpose of rendering that name or description consistent with international scientific usage:

(b)

update Schedule 1, Schedule 2, Schedule 3, or Schedule 5, if the update is necessary for the purpose of clarifying content or correcting drafting errors:

(c)

add to, or remove from, Schedule 4 the name or description of any substance included in that schedule, if the amendment is necessary for the purpose of giving effect to any changes to the Annex to the Vienna Convention.

(5)

No Order in Council may be made under paragraph (a) or paragraph (b) of subsection (4) if it has the effect of classifying, changing the classification of, or declassifying any substance, preparation, mixture, or article.

Section 4: replaced, on 15 November 2000, by section 4 of the Misuse of Drugs Amendment Act 2000 (2000 No 47).

Section 4 heading: amended, on 22 June 2005, by section 4(1) of the Misuse of Drugs Amendment Act 2005 (2005 No 81).

Section 4(1A): inserted, on 22 June 2005, by section 4(2) of the Misuse of Drugs Amendment Act 2005 (2005 No 81).

Section 4(1B): inserted, on 22 June 2005, by section 4(2) of the Misuse of Drugs Amendment Act 2005 (2005 No 81).

Section 4(1C): inserted, on 22 June 2005, by section 4(2) of the Misuse of Drugs Amendment Act 2005 (2005 No 81).

Section 4(1D): inserted, on 22 June 2005, by section 4(2) of the Misuse of Drugs Amendment Act 2005 (2005 No 81).

Section 4(2): amended, on 22 June 2005, by section 4(3) of the Misuse of Drugs Amendment Act 2005 (2005 No 81).

Section 4(3): replaced, on 5 August 2013, by section 77(3) of the Legislation Act 2012 (2012 No 119).

Section 4(4)(a): amended, on 22 June 2005, by section 4(5) of the Misuse of Drugs Amendment Act 2005 (2005 No 81).

Section 4(4)(b): amended, on 22 June 2005, by section 4(5) of the Misuse of Drugs Amendment Act 2005 (2005 No 81).