Psychoactive Substances Bill

  • enacted

Subpart 2Interpretation

General

8 Interpretation
  • In this Act, unless the context otherwise requires,—

    adverse reaction means an unwanted or a harmful reaction

    • (a) an unwanted or harmful reaction that is experienced by an individual who has used a psychoactive substance or an approved product; and

    • (b) that is suspected to have arisen from, or to be related to, the use of the substance or product

    advertising

    • (a) means any words, whether written, printed, or spoken, and any pictorial representation or design, used or appearing to be used to promote the sale of an approved product (for example, a sign, publication, or leaflet); and

    • (b) includes any matter referred to in paragraph (a) that is represented in an electronic or a digital medium

    advisory committee means the Psychoactive Substances Expert Advisory Committee established by section 11

    alcohol has the same meaning as in section 5(1) of the Sale and Supply of Alcohol Act 2012

    animal has the same meaning as in section 2(1) of the Animal Welfare Act 1999

    appeals committee means the Psychoactive Substances Appeals Committee established by section 42

    approved evidence of age document has the same meaning as in section 5(1) of the Sale and Supply of Alcohol Act 2012

    approved evidence of age system has the same meaning as in section 5(1) of the Sale and Supply of Alcohol Act 2012

    approved product means a psychoactive product approved by the Authority under section 35 that is or contains 1 or more psychoactive substances

    Authority means the Psychoactive Substances Regulatory Authority established by section 10

    code of manufacturing practice or code means a code of practice, relating to the manufacture of psychoactive substances, issued under section 27

    constable has the same meaning as in section 4 of the Policing Act 2008

    Customs officer has the same meaning as in section 2(1) of the Customs and Excise Act 1996

    district, in relation to a territorial authority, has the same meaning as in section 5(1) of the Local Government Act 2002

    enforcement officer means a person appointed by the Authority under section 68

    evidential material has the same meaning as in section 3(1) of the Search and Surveillance Act 2012

    export certificate means a certificate issued by the Authority under section 79

    hazardous substance has the same meaning as in section 2(1) of the Hazardous Substances and New Organisms Act 1996

    individual means a natural person, other than a deceased natural person

    importation and importer have the same meanings as in section 2(1) of the Customs and Excise Act 1996

    individual means a natural person, other than a deceased natural person

    Internet sale, in relation to an approved product, means a sale (whether by retail or by wholesale) of the approved product pursuant to a contract that—

    • (a) has been entered into using the Internet and is between—

      • (i) a seller whose business is or includes offering the product for sale (whether by retail or wholesale); and

      • (ii) a person (whether the purchaser or a person acting on the purchaser's behalf) who is at a distance from the seller's place of business; and

    • (b) contains a term providing for the product to be delivered by or on behalf of the seller to, or to a place or person chosen by, the purchaser

    label includes any written, pictorial, or other descriptive matter that—

    • (a) relates to an approved product; or

    • (b) appears on, is attached to, or is associated with the approved product

    licence means a licence, granted under section 15, that is in force

    manufacture, in relation to a psychoactive substance or an approved product,—

    • (a) means to make up, prepare, produce, or process the substance or product for the purpose of sale; and

    • (b) includes packaging the substance or product for the purpose of sale

    manufacturer includes any company with which a manufacturer is associated within the meaning of subpart YB of the Income Tax Act 2007

    Minister means the Minister who is, of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act

    Ministry means the department of State that is, with the authority of the Prime Minister, for the time being responsible for the administration of this Act

    minor means a person under the age of 18 years

    New Zealand resident has the same meaning as in section YD 1 or YD 2 of the Income Tax Act 2007

    place includes any building, conveyance, craft, land, or structure

    possess, in relation to a psychoactive substance, includes a psychoactive substance that is subject to a person's control but that is in the custody of another person

    prescribed monitoring agency means the agency specified in the regulations as the agency to whom adverse reactions must be reported

    private premises has the same meaning as in section 3(1) of the Search and Surveillance Act 2012

    psychoactive effect, in relation to an individual who is using or has used a psychoactive product substance, means the effect of the product substance on the individual's mind

    psychoactive product or product means a finished product packaged and ready for retail sale that is a psychoactive substance or that contains 1 or more psychoactive substances

    psychoactive substance has the meaning given in section 9

    public health has the same meaning as in section 6(1) of the New Zealand Public Health and Disability Act 2000

    publicly notify means to publish a notice—

    • (a) in the Gazette; and

    • (b) on an Internet site maintained by or on behalf of the Authority

    regulations means regulations made under this Act

    retailer means a person engaged in any business that includes the sale of approved products by retail

    retail premises means premises for which a licence to sell approved products by retail has been granted

    retailer means a person engaged in any business that includes the sale of approved products by retail

    sell includes every method of disposition for valuable consideration, for example,—

    • (a) bartering:

    • (b) offering or attempting to sell or having in possession for sale, or exposing, sending, or delivering for sale, or causing or allowing to be sold, offered, or exposed for sale:

    • (c) retailing:

    • (d) wholesaling

    special consultative procedure has the same meaning as in section 5(1) of the Local Government Act 2002

    supply

    • (a) includes distribute or give; but

    • (b) does not include sell

    territorial authority has the same meaning as in section 5(1) of the Local Government Act 2002

    trial

    • (a) means a preclinical or clinical trial; and

    • (b) includes research, testing, and teaching

    use, in relation to a psychoactive substance,—

    • (a) means use by an individual; and

    • (b) includes—

      • (i) ingesting, inhaling, injecting, or being administered the psychoactive substance:; and

      • (ii) any other method of inducing a psychoactive effect from the psychoactive substance

    vehicle means any conveyance that is capable of being moved under a person's control, whether or not the conveyance is used for the carriage of persons or goods, and includes a motor vehicle, aircraft, train, ship, or bicycle

    wholesaler means a person engaged in any business that includes the sale of approved products by wholesale.