Hon Todd McClay
Government Bill
100—3
As reported from the committee of the whole House
Key
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
11A Duty of advisory committee relating to use of animals when evaluating psychoactive product for approval
11A 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
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
25A Offence relating to sale of approved product without licence
26 Offence relating to importation, manufacture, research, or sale in breach of licence conditions
26 Offence relating to breach of licence condition
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 products
41 Register of products
Subpart 3—Appeals against decisions of 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 question 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 or possessing psychoactive substances (including approved products)
47 Restriction on selling approved products to persons under 18 years
48 Restriction on supplying approved products to persons under 18 years in public place
49 Restriction on employing persons under 18 years to sell approved products
Other restrictions, prohibitions, and requirements relating to approved products
50 Prohibitions and restrictions 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
52A Prohibition on sponsoring activity involving use of trade mark, etc, of approved product
53 Prohibitions, restrictions, and requirements relating to advertising of approved products
53A Restriction on retailer's name using words, expressions, or trademarks, etc, associated with approved products
54 Restrictions and requirements relating to labelling of approved products
55 Restrictions and requirements relating to packaging of 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 psychoactive substances and approved products
Prohibitions and restrictions on convicted persons selling approved products
61 Prohibitions and restrictions on convicted persons selling approved products
Local approved products policies
61A Territorial authority may have local approved products policy
61B Territorial authorities may adopt joint local approved products policy
61C Content of local approved products policy
61D Adoption and review of local approved products policy
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
69A Power to enter and search retail premises
70 Warranted power to enter and search
71 Power to demand information where offence against section 47 suspected
72 Power to demand information where offence against section 46, 48, or 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
Liability of principals and directors
75A Liability of principals and directors
Subpart 4—Other powers of Authority
76 Authority may declare recognised authorities
77 Approved laboratories
78 Recall orders
79 Export certificates
Subpart 4A—Cost recovery
79A Costs to be recovered
79B Principles of cost recovery
79C Methods of cost recovery
79D Cost recovery to relate generally to financial year
79E Three-yearly review of cost recovery
79F Regulations prescribing fees and charges
79G Regulations imposing levies
79H Failure to pay fee, charge, or levy
Subpart 5—Other matters
Duty to notify adverse reactions
80 Duty of specified persons to notify Authority about adverse reactions
Regulations
81 Regulations relating to psychoactive substances
82 Regulations relating to infringement offences
83 Other regulations
Delegation of Authority's functions, duties, or powers
84 Delegation of Authority's functions, duties, or powers
Protection from civil and criminal liability
84A Immunities
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
Application, savings, and transitional provisions
88 Application, savings, and transitional provisions
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 1Application, savings, and transitional provisions
Schedule 2Consequential amendments and revocation
Legislative history
The Parliament of New Zealand enacts as follows: