Psychoactive Substances Act 2013

If you need more information about this Act, please contact the administering agency: Ministry of Health

Version as at 1 July 2022

Coat of Arms of New Zealand

Psychoactive Substances Act 2013

Public Act
 
2013 No 53
Date of assent
 
17 July 2013
Commencement
 
see section 2
Note

The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

This Act is administered by the Ministry of Health.

Contents

1Title
2Commencement
Part 1
Preliminary provisions
Subpart 1—Preliminary matters
3Purpose
4Principles
5Application of Act
6Overview
7Act binds the Crown
Subpart 2—Interpretation
General
8Interpretation
Meaning of psychoactive substance
9Meaning of psychoactive substance
Subpart 3—Key regulatory roles
10Psychoactive Substances Regulatory Authority
11Psychoactive Substances Expert Advisory Committee
12Advisory committee not to have regard to results of trials involving animals
Part 2
Psychoactive substances and approved products
Subpart 1—Licences to import, manufacture, research, and sell
Applications for licence
13Application for licence
14Authority may refuse to process application for licence
15Authority may request further information, etc
Granting of licence
16Grounds for granting licence
Conditions of licence
17Compulsory conditions of licences
18Discretionary conditions of licence
Duration of licence
19Duration of licence
Licence not transferable
20Licence may not be transferred
Refusal of licence
21Refusal to grant licence
Suspension, cancellation, and surrender of licence
22Suspension or cancellation of licence
23Surrender of licence
Offences relating to licences
24Offence relating to application for licence
25Offence relating to importation of psychoactive substance without licence
26Offence relating to manufacture of psychoactive substance without licence
27Offence relating to sale of approved product without licence
28Offence relating to breach of licence condition
Further provisions relating to manufacture of psychoactive substances
29Code of manufacturing practice
30Audit of manufacturing facilities
31Authorised person may enter manufacturing facility
32Authority may issue compliance notice
Subpart 2—Approved products
Applications for approval
33Application for approval
34Authority may refuse to process application for approval
35Authority may request further information, etc
36Authority must protect confidential supporting information relating to application for approval
Granting of approval
37Grounds for approving product
Conditions of approval
38Conditions of approval
Refusal and revocation of approval
39Refusal to grant approval
40Revocation of approval
Offences relating to approvals
41Offence relating to application for approval
42Offence relating to breach of conditions of approval
Register of products
43Register of products
Subpart 3—Appeals against decisions of Authority
44Psychoactive Substances Appeals Committee
45Appeals against Authority’s decisions
46Appeals committee may refer appeals back for reconsideration
Further appeals
47Appeal to High Court on question of law
Part 3
Control of approved products and other matters
Subpart 1—Control of approved products
Age restrictions
48Restriction on persons under 18 years buying or possessing psychoactive substances (including approved products)
49Restriction on selling approved products to persons under 18 years
50Restriction on supplying approved products to persons under 18 years in public place
51Restriction on employing persons under 18 years to sell approved products
Other restrictions, prohibitions, and requirements relating to approved products
52Prohibitions and restrictions on place of sale of approved products
53Restrictions and requirements relating to Internet sales of approved products
54Prohibition on free-of-charge distribution and rewards of approved products
55Prohibition on sponsoring activity involving use of trade mark, etc, of approved product
56Prohibitions, restrictions, and requirements relating to advertising of approved products
57Restriction on retailer’s name using words, expressions, or trade marks, etc, associated with approved products
58Restrictions and requirements relating to labelling of approved products
59Restrictions and requirements relating to packaging of approved products
60Requirement relating to health warnings
61Requirement to display signage
62Restrictions and requirements relating to storage and display of approved products
63Restrictions and requirements relating to disposal of psychoactive substances
64Requirement to keep records relating to psychoactive substances and approved products
Prohibitions and restrictions on convicted persons selling approved products
65Prohibitions and restrictions on convicted persons selling approved products
Local approved products policies
66Territorial authority may have local approved products policy
67Territorial authorities may adopt joint local approved products policy
68Content of local approved products policy
69Adoption and review of local approved products policy
Subpart 2—Offences relating to psychoactive substances that are not approved products
70Offences relating to psychoactive substance that is not approved product
71Offence relating to personal possession of psychoactive substance that is not approved product
Infringement offences
72Interpretation
73Proceedings for infringement offence
74Infringement notices
75Payment of infringement fees
Subpart 3—Enforcement
Enforcement officers
76Enforcement officers
Enforcement powers
77Warrantless power to enter and search
78Power to enter and search retail premises
79Warranted power to enter and search
80Power to demand information where offence against section 49 suspected
81Power to demand information where offence against section 48, 50, or 71 suspected
82Forfeiture
Offences relating to enforcement
83Obstructing enforcement officer or constable
International controlled delivery of psychoactive substances
84International controlled delivery of psychoactive substances
Liability of principals and directors
85Liability of principals and directors
Subpart 4—Other powers of Authority
86Authority may declare recognised authorities
87Approved laboratories
88Recall orders
89Export certificates
Subpart 5—Cost recovery
90Costs to be recovered
91Principles of cost recovery
92Methods of cost recovery
93Cost recovery to relate generally to financial year
94Three-yearly review of cost recovery
95Regulations prescribing fees and charges
96Regulations imposing levies
97Failure to pay fee, charge, or levy
Subpart 6—Other matters
Duty to notify adverse reactions
98Duty of specified persons to notify Authority about adverse reactions
Regulations
99Regulations relating to psychoactive substances
100Regulations relating to infringement offences
101Other regulations
Delegation of Authority’s functions, duties, or powers
102Delegation of Authority’s functions, duties, or powers
Protection from civil and criminal liability
103Immunities
Relationship with other enactments
104Relationship with Hazardous Substances and New Organisms Act 1996
105Application of Customs and Excise Act 2018
Review of Act
106Ministry must review Act
Application, savings, and transitional provisions
107Application, savings, and transitional provisions
Amendments to Search and Surveillance Act 2012
108Amendments to Search and Surveillance Act 2012
Amendments to Children, Young Persons, and Their Families Act 1989
109Amendments to Children, Young Persons, and Their Families Act 1989
Consequential amendments and revocation
110Consequential amendments and revocation
Schedule 1
Application, savings, and transitional provisions
Schedule 2
Consequential amendments and revocation
Notes

The Parliament of New Zealand enacts as follows: