1 Title
2 Commencement
Part 1Preliminary provisions
Subpart 1—Preliminary matters
3 Purpose
4 Principles
5 Application of Act
6 Overview
7 Act binds the Crown
Subpart 2—Interpretation
General
8 Interpretation
Meaning of psychoactive substance
9 Meaning of psychoactive substance
Subpart 3—Key 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 2Psychoactive substances and approved products
Subpart 1—Licences 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 2—Approved 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 3—Appeals 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 3Control of approved products and other matters
Subpart 1—Control 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 2—Offences 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 3—Enforcement
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 4—Other powers of Authority
86 Authority may declare recognised authorities
87 Approved laboratories
88 Recall orders
89 Export certificates
Subpart 5—Cost 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 6—Other 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 1Application, savings, and transitional provisions
Schedule 2Consequential amendments and revocation
Legislative history
The Parliament of New Zealand enacts as follows: