After section 4B, insert:
(1)
The Minister may, by an order published in the Gazette, specify any substance, preparation, mixture, or article as a temporary class drug.
(2)
The Minister must not make an order if the substance, preparation, mixture, or article is already a Class A controlled drug, a Class B controlled drug, a Class C controlled drug (except a controlled drug analogue), or a precursor substance.
(3)
The Minister must not make an order unless satisfied that the substance, preparation, mixture, or article that is to be specified in the order—
poses, or may pose, a risk of harm to individuals or to society; and
has not been classified under this Act, except as a controlled drug analogue.
(4)
An order may describe the substance, preparation, mixture, or article by either or both of the following:
its chemical name, or one of its chemical names:
a description of the substance, preparation, mixture, or article, in the form that the Minister considers appropriate for the purposes of the order.
(5)
An order must state the date on which the order comes into force, and that date must not be earlier than the day after the date of the publication of the order in the Gazette.
This section applies to every temporary class drug while it remains subject to a temporary class drug order.
The temporary class drug must be treated for all purposes as if the drug were a controlled drug that is specified or described in Part 1 of Schedule 3.
See section 7(5) for a prosecutorial discretion that applies to possession and use offences for all controlled drugs (including temporary class drugs).
A substance that has a structure substantially similar to the temporary class drug must not be treated as a controlled drug analogue just because of that similarity.
While a temporary class drug order is in place, the Minister must seek advice, as the Minister considers appropriate, under section 5 or 5AA (or both) about the temporary class drug and its appropriate classification (if any, including as a precursor substance) under this Act.
As soon as possible after the publication of a temporary class drug order in the Gazette, the Director-General of Health must ensure that, while the order remains in force, both the order and information about its effects are available—
on the Ministry of Health’s Internet site, in an electronic form that is publicly accessible; and
in any other way that the Director-General considers appropriate in the circumstances.
A temporary class drug order expires at the earliest of—
the close of the day that is 1 year after the date on which the order came into force; and
the date on which the substance, preparation, mixture, or article is—
classified as a Class A controlled drug; or
classified as a Class B controlled drug; or
classified as a Class C controlled drug; or
added to Schedule 4 as a precursor substance; and
its revocation by the Minister by order in the Gazette.
A temporary class drug order may be renewed by the Minister—
before the date of its expiry as calculated under subsection (1); and
on 1 occasion only; and
only for the purpose of allowing sufficient time for the Minister to obtain the advice that is to be sought under section 4E(1).
A temporary class drug order is a disallowable instrument but not a legislative instrument for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.