Misuse of Drugs (Consequential Amendments) Act 2001
An Act to amend the Poisons Act 1971 and certain other Acts consequent on the enactment of the Misuse of Drugs Act 2001
[Royal Assent 17 December 2001]
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
This Act may be cited as the Misuse of Drugs (Consequential Amendments) Act 2001 .
This Act commences on the day on which the Misuse of Drugs Act 2001 commences.
3. Consequential amendments to Poisons Act 1971
The Poisons Act 1971 is amended as specified in Schedule 1 .
4. Consequential amendments to other Acts
The Acts specified in Schedule 2 are amended as specified in that Schedule.
SCHEDULE 1 - Consequential Amendments to Poisons Act 1971Poisons Act 1971
1. Section 35 is repealed.
2. Section 44 is amended as follows:(a) by omitting "Part;" from the definition of approved port and substituting "Part.";(b) by omitting the definition of maximum permissible quantity .
3. Section 47 is amended by omitting subsection (7) .
4. Section 51 is repealed.
5. Division 3 of Part V is repealed.
6. Schedule 1 is repealed.
SCHEDULE 2 - Consequential Amendments to other ActsCorrections Act 1997
1. Section 28(1) is amended by omitting paragraph (c) and substituting the following paragraph:Crime (Confiscation of Profits) Act 1993(c) a controlled substance within the meaning of the Misuse of Drugs Act 2001 ;
1. Section 22 is amended as follows:Crowd Controllers Act 1999(a) by inserting the following definition before the definition of offence period in subsection (1) :controlled substance means a controlled substance within the meaning of the Misuse of Drugs Act 2001 ;(b) by omitting "committed;" from the definition of offence period in subsection (1) and substituting "committed.";(c) by omitting the definition of raw narcotic from subsection (1) ;(d) by omitting from subsection (7)(a) "raw narcotic, narcotic substance, prohibited substance or prohibited plant" and substituting "controlled substance";(e) by omitting from subsection (7)(b) "raw narcotic, narcotic substance, prohibited substance or prohibited plant" and substituting "controlled substance".
1. Section 3(1) is amended by inserting "the Misuse of Drugs Act 2001 or" after "against " in paragraph (c) of the definition of disqualifying offence .Forensic Procedures Act 2000
1. Section 3(1) is amended by omitting paragraph (c) from the definition of serious offence and substituting:Health Professionals (Special Events Exemption) Act 1998(c) against section 20 , 21 or 26 of the Misuse of Drugs Act 2001 ;
1. Section 10 is amended as follows:HIV/AIDS Preventive Measures Act 1993(a) by inserting in subsection (1) ", the Misuse of Drugs Act 2001 " after "Registration Act";(b) by inserting in subsection (2) "or the Misuse of Drugs Act 2001 " after " Poisons Act 1971 ";(c) by inserting in subsection (3) "or the Misuse of Drugs Act 2001 " after "offence under the Poisons Act 1971 ".
1. Section 3 is amended as follows:(a) by inserting the following definition after the definition of consent :controlled substance means a controlled substance within the meaning of the Misuse of Drugs Act 2001 ;(b) by omitting the definition of narcotic substance and substituting the following definition:narcotic substance has the meaning assigned to that expression by the Poisons Act 1971 ;(c) by inserting the following definition after the definition of positive :raw narcotic has the meaning assigned to that expression by the Poisons Act 1971 ;
2. Section 25(1) is amended as follows:(a) by omitting "administering a narcotic substance, prohibited substance or raw narcotic." and substituting "administering –";(b) by inserting the following paragraphs before the penalty :(a) a controlled substance; or(b) a narcotic substance or raw narcotic that is not a controlled substance.
3. Section 37 is amended by inserting " Misuse of Drugs Act 2001 or" after "the".
4. Section 38 is repealed and the following section is substituted:Listening Devices Act 199138. Possession of trace elements of certain substances
(1) In this section,substance means –(a) a controlled substance; or(b) a narcotic substance or raw narcotic that is not a controlled substance.(2) A person who is in possession of any trace element of a substance that is contained in a syringe or needle is not, by reason only of that possession, taken to have committed an offence under the Misuse of Drugs Act 2001 or Poisons Act 1971 .
1. Section 3(1) is amended by omitting " section 45 , section 46 , section 47 (1) or (3) or section 55 of the Poisons Act 1971 " from the definition of serious narcotics offence and substituting " Part 2 of the Misuse of Drugs Act 2001 ".Pharmacy Act 1908
1. Section 17(1) is amended by inserting ", under the Misuse of Drugs Act 2001 " after "this Act".Veterinary Surgeons Act 1987
1. Section 46(1)(c) is amended by inserting "or the Misuse of Drugs Act 2001 " after " Poisons Act 1971 ".
2. Clause 8(1)(g) of Schedule 1 is amended by inserting " Misuse of Drugs Act 2001 or" after "the".Victims of Crime Compensation Act 1994
1. Section 3 is amended by inserting " Misuse of Drugs Act 2001 or" after "the " in paragraph (c) of the definition of serious offence .Youth Justice Act 1997
1. Section 3(1) is amended by omitting the definition of drug and substituting the following definition:drug means –(a) a scheduled substance within the meaning of the Poisons Act 1971 ; or(b) a controlled substance within the meaning of the Misuse of Drugs Act 2001 ;
[Second reading presentation speech made in:
House of Assembly on 1 NOVEMBER 2001
Legislative Council on 21 NOVEMBER 2001]