Controlled Substances Act 1984

The Governor may make such regulations as are contemplated by, or as are necessary or expedient for the purposes of, this

Act.

The Minister must consult with the Advisory Council in relation to any regulation proposed to be made under this Act (other than a regulation proposed to be made under Part

4A or section 33LA).

No regulation may be made prescribing an amount relating to a controlled drug, controlled precursor or controlled plant for the purposes of

Part

5 or section 45A except on the recommendation of the

Advisory Council.

Without limiting the generality of subsection (1), the regulations may—

regulate, restrict or prohibit the manufacture, production, packaging, sale (whether by wholesale or retail), supply, prescribing, administration, possession, use, handling, labelling, storing, transporting, disposal or advertising of any poison, controlled precursor, medicine, medical device or volatile solvent;

prescribe standards, or provide for the prescription by a person, a committee of persons or an authority, of standards, with which any poison, controlled precursor, medicine or medical device must conform;

regulate the installation, sale, supply or operation of an automatic vending machine for the sale or supply of a poison, medicine or medical device (in circumstances in which that is not prohibited);

prescribe the form of any notice, application, certificate, warrant or other document to be given, made or granted under this Act;

regulate the payment, refund, waiver or reduction of fees prescribed by the Minister under subsection (4a);

provide for or regulate the classes, application for, grant, term, refusal, renewal, suspension or revocation of licences and permits under this

Act by a person, a committee of persons or an authority;

require any specified person, or persons of a specified class, to keep records or provide information in relation to any poison, controlled drug, controlled precursor, controlled plant, medicine, medical device or volatile solvent;

provide for and regulate the inspection, examination, testing or analysis of any substance or goods;

exempt, conditionally or unconditionally, any person, substance or medical device from any provision of this Act or the applied provisions, or provide for all or any of those exemptions to be given by a person or committee of persons or an authority;

prescribe fines, not exceeding $10 000, or 2 years imprisonment for offences against the regulations;

fix expiation fees, not exceeding $2 000, for alleged offences against the regulations.

The Minister may prescribe fees for the purposes of this Act by fee notice under the Legislation (Fees)

Act 2019.

The regulations may refer to or, by reference, incorporate (with or without modifications) any code, standard, pharmacopoeia or other document published inside or outside of this State, either as in force at the time the regulations are made or as in force from time to time.

If a code, standard, pharmacopoeia or other document is referred to or incorporated in the regulations (or in a code, standard, pharmacopoeia or other document referred to or incorporated in the regulations)—

a copy of the code, standard, pharmacopoeia or other document must be kept available for inspection by members of the public, without charge and during normal office hours, at an office or offices specified in the regulations; and

evidence of the contents of the code, standard, pharmacopoeia or other document may be given in any legal proceedings by production of a document apparently certified by the Minister to be a true copy of the code, standard, pharmacopoeia or other document.

Any regulation under this Act may be of general or limited application according to—

the classes of persons or things; or

the circumstances; or

any other specified factor, to which the regulation is expressed to apply.

The regulations may provide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Minister or another person.