Psychoactive Substances (Fees and Levies) Regulations 2014

2014/244

Coat of Arms of New Zealand

Psychoactive Substances (Fees and Levies) Regulations 2014

Rt Hon Dame Sian Elias, Administrator of the Government

Order in Council

At Wellington this 28th day of July 2014

Present:
Her Excellency the Administrator of the Government in Council

Pursuant to sections 95 and 96 of the Psychoactive Substances Act 2013, Her Excellency the Administrator of the Government, acting on the advice and with the consent of the Executive Council and on the recommendation of the Minister of Health, makes the following regulations.

Regulations

1 Title

  • These regulations are the Psychoactive Substances (Fees and Levies) Regulations 2014.

2 Commencement

  • These regulations come into force on 3 November 2014.

3 Interpretation

  • (1) In these regulations, unless the context otherwise requires,—

    financial year means a period of 12 months starting on 1 July and ending on 30 June of the following year

    subsidiary product means a variant of an approved product in flavour or size.

    (2) Terms or expressions that are defined in the Act and used, but not defined, in these regulations have the same meaning as in the Act.

4 Fees

  • (1) The licence fees set out in Part 1 of Schedule 1 are payable for the matters to which they relate.

    (2) The approval fees set out in Part 2 of Schedule 1 are payable for the matters to which they relate.

5 Levies imposed

  • (1) Every person who holds a licence granted under section 16 of the Act or who applied for the approval of a psychoactive product that has been granted under section 37 of the Act must pay an annual levy as set out in Schedule 2.

    (2) The levy is payable to the Authority.

    (3) The levy must be paid on or before 20 July in each financial year.

    (4) However, for the first financial year in which the licence was granted or the psychoactive product was approved, the person must pay the levy for the balance of that financial year on a pro-rata basis by the 20th day of the month following the month in which the licence was granted or the product was approved (as the case may be).

6 Waiver or refund of fee or levy

  • (1) The Authority may, in any particular case or class of cases, waive or refund (in whole or in part) any fee or levy otherwise payable under regulation 4 or 5.

    (2) In exercising its power under subclause (1), the Authority must have regard to (as the case requires)—

    • (a) the nature of the activity to be carried out under the licence:

    • (b) the time reasonably required, and degree of complexity involved, in considering any application for a licence or an approval:

    • (c) whether it is in the public interest to waive or refund the fee or levy.

7 GST

  • The fees and levies set out in Schedules 1 and 2 are inclusive of goods and services tax.

Schedule 1
Fees

r 4

Part 1
Licence fees

r 4(1)

Matters for which fee payable Fee ($) (including GST)
Application for licence to import psychoactive substances 2,500
Application for licence to manufacture psychoactive substances 19,000
Application for licence to research psychoactive substances 2,000
Application for licence to sell psychoactive substances that are not approved products 2,000
Application for licence to sell approved products by retail 12,000
Application for licence to sell approved products by wholesale 7,000

Part 2
Approval fees

r 4(2)

Matters for which fee payable Fee ($) (including GST)
Application for approval of psychoactive product  175,000
Application for approval of subsidiary product 10,000

Schedule 2
Levies

r 5

Person liable to pay levy Annual levy ($) (including GST)
Holder of licence to import psychoactive substances 7,500
Holder of licence to manufacture psychoactive substances 42,000
Holder of licence to research psychoactive substances 3,000
Holder of licence to sell psychoactive substances that are not approved products 2,000
Holder of licence to sell approved products by retail  7,000
Holder of licence to sell approved products by wholesale 6,000
Applicant for approval of psychoactive product granted by the Authority 88,000

Michael Webster,
Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 3 November 2014, prescribe fees and levies payable to the Psychoactive Substances Regulatory Authority (the Authority) under the Psychoactive Substances Act 2013 (the Act).

Regulation 4 and Schedule 1 prescribe the fees payable for an application for a licence made under section 13 of the Act and for an application for approval of a psychoactive product made under section 33 of the Act.

Regulation 5 imposes an annual levy on persons granted a licence under the Act and on the person who applied for an approval of a psychoactive product that has been granted by the Authority. The rates of the annual levy payable by different classes of persons are set out in Schedule 2.

Regulation 6 authorises the Authority to waive or refund (in whole or in part) any fee or levy otherwise payable under these regulations.

Regulation 7 provides that the fees and levies payable under these regulations are inclusive of goods and services tax.

Regulatory impact statement

The Ministry of Health produced a regulatory impact statement on 25 June 2014 to help inform the decisions taken by the Government relating to the contents of this instrument.

A copy of this regulatory impact statement can be found at—

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 31 July 2014.

These regulations are administered by the Ministry of Health.