Hon Peter Dunne
Government Bill
100—1
Explanatory note
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
Part 2Psychoactive substances and approved products
Subpart 1—Licences to import, manufacture, and sell psychoactive substances
Applications for licence
12 Application for licence
13 Authority may refuse to process application for licence
14 Authority may request further information, etc
Granting of licence
15 Grounds for granting licence
Conditions of licence
16 Compulsory conditions of licences
17 Discretionary conditions of licence
Duration of licence
18 Duration of licence
Licence not transferable
19 Licence may not be transferred
Refusal of licence
20 Refusal to grant licence
Suspension, cancellation, and surrender of licence
21 Suspension or cancellation of licence
22 Surrender of licence
Offences relating to licences
23 Offence relating to application for licence
24 Offence relating to importation of psychoactive substance without licence
25 Offence relating to manufacture of psychoactive substance without licence
26 Offence relating to import, manufacture, sale, or supply of psychoactive substance in breach of licence conditions
Further provisions relating to manufacture of psychoactive substances
27 Code of manufacturing practice
28 Audit of manufacturing facilities
29 Authorised person may enter manufacturing facility
30 Authority may issue compliance notice
Subpart 2—Approved products
Applications for approval
31 Application for approval
32 Authority may refuse to process application for approval
33 Authority may request further information, etc
34 Authority must protect confidential supporting information relating to application for approval
Granting of approval
35 Grounds for approving product
Conditions of approval
36 Conditions of approval
Refusal and revocation of approval
37 Refusal to grant approval
38 Revocation of approval
Offences relating to approvals
39 Offence relating to application for approval
40 Offence relating to breach of conditions of approval
Register of approved products
41 Register of approved products
Subpart 3—Appeals against Authority
42 Psychoactive Substances Appeals Committee
43 Appeals against Authority's decisions
44 Appeals committee may refer appeals back for reconsideration
Further appeals
45 Appeal to High Court on questions of law
Part 3Control of approved products and other matters
Subpart 1—Control of approved products
Age restrictions
46 Restriction on persons under 18 years buying approved products
47 Restriction on selling approved products to persons under 18 years
48 Restriction on supplying approved products to persons under 18 years
49 Restriction on employing persons under 18 years to sell approved products
Other restrictions, prohibitions, and requirements relating to approved products
50 Restrictions and prohibitions on place of sale of approved products
51 Restrictions and requirements relating to Internet sales of approved products
52 Prohibition on free-of-charge distribution and rewards of approved products
53 Prohibitions, restrictions, and requirements relating to advertising approved products
54 Restrictions and requirements relating to labelling approved products
55 Restrictions and requirements relating to packaging approved products
56 Requirement relating to health warnings
57 Requirement to display signage
58 Restrictions and requirements relating to storage and display of approved products
59 Restrictions and requirements relating to disposal of psychoactive substances
60 Requirement to keep records relating to approved products
Prohibitions and restrictions on convicted persons selling approved products
61 Prohibitions and restrictions on convicted persons selling approved products
Subpart 2—Offences relating to psychoactive substances that are not approved products
62 Offences relating to psychoactive substance that is not approved product
63 Offence relating to personal possession of psychoactive substance that is not approved product
Infringement offences
64 Interpretation
65 Proceedings for infringement offence
66 Infringement notices
67 Payment of infringement fees
Subpart 3—Enforcement
Enforcement officers
68 Enforcement officers
Enforcement powers
69 Warrantless power to enter and search
70 Warranted power to enter and search
71 Power to demand information where offence against section 47 suspected
72 Power to demand information and arrest where offence against section 63 suspected
73 Forfeiture
Offences relating to enforcement
74 Obstructing enforcement officer or constable
International controlled delivery of psychoactive substances
75 International controlled delivery of psychoactive substances
Subpart 4—Other powers of Authority
76 Authority may declare recognised authorities
77 Approved laboratories
78 Recall orders
79 Export certificates
Subpart 5—Other matters
Duty to notify adverse reactions
80 Duty to notify Authority about adverse reactions
Regulations
81 Regulations relating to psychoactive substances
82 Regulations relating to fees and charges
83 Other regulations
Delegation of Authority's functions, duties, or powers
84 Delegation of Authority's functions, duties, or powers
Relationship with other enactments
85 Relationship with Hazardous Substances and New Organisms Act 1996
86 Application of Customs and Excise Act 1996
Review of Act
87 Ministry must review Act
Transitional provision
88 Transitional provision
Amendments to Search and Surveillance Act 2012
89 Amendments to Search and Surveillance Act 2012
Amendments to Children, Young Persons, and Their Families Act 1989
90 Amendments to Children, Young Persons, and Their Families Act 1989
Consequential amendments and revocation
91 Consequential amendments and revocation
Schedule 1Transitional provision
Schedule 2Consequential amendments and revocation
The Parliament of New Zealand enacts as follows: