Drug and Substance Checking Legislation Bill (No 2)

  • enacted

Hon Andrew Little

Drug and Substance Checking Legislation Bill (No 2)

Government Bill

34—2

Contents

Commentary
Key
1Title
2Commencement
Part 1
Amendments to Misuse of Drugs Act 1975
3Amendments to Misuse of Drugs Act 1975
4Section 2 amended (Interpretation)
5New section 2AA inserted (Transitional, savings, and related provisions)
2AATransitional, savings, and related provisions
6Section 6 amended (Dealing with controlled drugs)
7Section 7 amended (Possession and use of controlled drugs)
8Section 12 amended (Use of premises or vehicle, etc)
9Section 14 amended (Licences)
10New sections 35DA to 35DI and cross-heading cross-headings inserted
Drug and substance checking
35DALicensing of drug and substance checking service providers
35DBFunctions of service provider
35DCPossession or supply of controlled drug for purpose of performing functions
35DDSupplying or surrendering controlled drug to service provider
Drug and substance checking: general licence conditions
35DDAGeneral licence conditions set out in sections 35DDB to 35DDK
35DDBService provider must display copy of licence
35DDCService provider must not perform functions in residential premises
35DDDService provider must not charge individuals for drug checking services
35DDEService provider must not require or collect, etc, certain information
35DDFService provider must provide accurate and appropriate harm reduction advice with test results
35DDGService provider must store controlled drugs or psychoactive substances securely
35DDHService provider must report loss or removal of controlled drug or psychoactive substance
35DDIService provider must report data
35DDJService provider must keep records
35DDKService provider must facilitate monitoring
Drug and substance checking: offences and other matters
35DEOffence relating to breach of terms or conditions of licence
35DFOffence to provide checking services, etc, without being licensed
35DGLiability of responsible persons, etc, if service provider is entity
35DGService providers not to collect, etc, personal information
35DHProtections from liabilities of service provider
35DITest result not admissible in criminal proceedings
35DIUse of service and test result not admissible in civil or criminal proceedings
11Section 37 amended (Regulations)
11New section 37B inserted (Regulations relating to drug and substance checking service providers)
37BRegulations relating to drug and substance checking service providers
12New Schedule 1AA inserted
12ANew Schedule 6 inserted
Part 2
Amendments to other enactments
Subpart 1—Amendments to Acts
Amendments to Psychoactive Substances Act 2013
13Amendments to Psychoactive Substances Act 2013
14Section 8 amended (Interpretation)
15Section 70 amended (Offences relating to psychoactive substance that is not approved product)
16Section 71 amended (Offence relating to personal possession of psychoactive substance that is not approved product)
Amendment to Medicines Act 1981
17Amendment to Medicines Act 1981
18Section 109 amended (Relationship with Misuse of Drugs Act 1975)
Subpart 2—Amendment to secondary legislation
Amendment to Misuse of Drugs Regulations 1977
19Amendment to Misuse of Drugs Regulations 1977
20Regulation 28 amended (Custody of controlled drugs)
Part 2
Amendments to Psychoactive Substances Act 2013
13Amendments to Psychoactive Substances Act 2013
14Section 8 amended (Interpretation)
15Section 70 amended (Offences relating to psychoactive substance that is not approved product)
16Section 71 amended (Offence relating to personal possession of psychoactive substance that is not approved product)
Part 3
Amendment to Medicines Act 1981
17Amendment to Medicines Act 1981
18Section 109 amended (Relationship with Misuse of Drugs Act 1975)
Schedule 1
New Schedule 1AA inserted
Schedule 2
New Schedule 6 inserted
Legislative history

The Parliament of New Zealand enacts as follows: