{"id":"a-1999-90","name":"Supervised Injecting Place Trial Act 1999","slug":"supervised-injecting-place-trial-act-1999","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"90 of 1999","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":24404,"registerId":"act-a-1999-90-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Supervised Injecting Place Trial Act 1999","content":"Australian Capital Territory\nSupervised Injecting Place Trial\nAct 1999\nA1999-90\nRepublication No 10\nEffective: 1 September 2016\nRepublication date: 1 September 2016\nLast amendment made by A2016-52\nAuthorised by the ACT Parliamentary Counsel\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Supervised Injecting Place Trial Act 1999 (including any\namendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on\n1 September 2016. It also includes any commencement, amendment, repeal or expiry affecting\nthis republished law to 1 September 2016.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the\nACT legislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made\nby an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).\nThe changes are made if the Parliamentary Counsel considers they are desirable to bring the law\ninto line, or more closely into line, with current legislative drafting practice.\nThis republication does not include amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the symbol M\nappears immediately before the provision heading. The text of the modifying provision appears\nin the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $150 for\nan individual and $750 for a corporation (see Legislation Act 2001, s 133).\n\nR10\n01/09/16\nSupervised Injecting Place Trial Act 1999\nEffective: 01/09/16\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nSupervised Injecting Place Trial\nAct 1999\nContents\nPage\nPart 1 Introductory\n1 Name of Act 2\n2 Dictionary 2\n3 Notes 2\n4 Object 2\nPart 2 Operation of facility\n5 Declaration of facility 3\n6 Declaration of operators 4\n7 Law enforcement protocol 4\n8 Publication of law enforcement protocol 4\n9 Approval of internal management protocol 5\n10 Criteria for assessing facility 6\n\nContents\nPage\ncontents 2 Supervised Injecting Place Trial Act 1999\nEffective: 01/09/16\nR10\n01/09/16\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n11 Exemption of staff and other persons from certain criminal\nproceedings 7\n12 Exemption of persons from certain civil proceedings 8\n13 Directions to DPP 8\n14 Things not permitted by Act 8\n15 Provision of injecting equipment at facility 9\n16 Provision of information about facility 9\n17 Excluding persons from facility 10\nPart 3 Advisory committee\n18 Advisory committee 11\n19 Committee’s functions 11\n20 Constitution 11\n21 Chairperson and deputy chairperson 13\n22 Ending of appointments 13\n24 Convening meetings 13\n25 Leave of absence 14\n26 Procedure 14\n27 Quorum 14\n28 Administration 14\nPart 4 Consultation with committee\n29 Minister must consult committee 15\n30 Criteria for deciding place for facility 15\n31 Review of the operation of scientific trial 16\nPart 5 Miscellaneous\n32 Regulation-making power 17\n33 Expiry of Act 17\nDictionary 18\nEndnotes\n1 About the endnotes 20\n\nContents\nPage\nR10\n01/09/16\nSupervised Injecting Place Trial Act 1999\nEffective: 01/09/16\ncontents 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n2 Abbreviation key 20\n3 Legislation history 21\n4 Amendment history 23\n5 Earlier republications 25\n\n\n\nR10\n01/09/16\nSupervised Injecting Place Trial Act 1999\nEffective: 01/09/16\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nSupervised Injecting Place Trial\nAct 1999\nAn Act to allow for a trial of a supervised injecting place for drug-dependent\npeople\n\nPart 1 Introductory\nSection 1\npage 2 Supervised Injecting Place Trial Act 1999\nEffective: 01/09/16\nR10\n01/09/16\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1 Introductory\n1 Name of Act\nThis Act is the Supervised Injecting Place Trial Act 1999.\n2 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct.\nNote 2 A definition in the dictionary applies to the entire Act unless the\ndefinition, or another provision of the Act, provides otherwise or the\ncontrary intention otherwise appears (see Legislation Act, s 155 and\ns 156 (1)).\n3 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n4 Object\nThe object of this Act is to allow the temporary operation of a\nsupervised injecting place, for the purpose of an independently\nevaluated scientific trial of—\n(a) the public health benefits and risks of such places; and\n(b) other matters relating to the operation of a supervised injecting\nplace.\n\nOperation of facility Part 2\nSection 5\nR10\n01/09/16\nSupervised Injecting Place Trial Act 1999\nEffective: 01/09/16\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 Operation of facility\n5 Declaration of facility\n(1) The Minister may, in writing, declare a place to be the facility for\nthis Act.\n(2) The Minister may declare a place to be the facility only if—\n(a) the Minister is satisfied the place is a hygienic environment\nsuitable for use—\n(i) to give drug-dependent people access to clean equipment\nto allow such a person to administer a substance to\nhimself or herself at the place; and\n(ii) to provide for the safe disposal of the equipment; and\n(b) a law enforcement protocol has been approved under section 7\nand published as required by section 8; and\n(c) an internal management protocol has been approved under\nsection 9; and\n(d) approved criteria for the scientific trial have been presented to\nthe Legislative Assembly as required by section 10; and\n(e) the place to be declared as the facility is one that has been\nrecommended by the advisory committee.\n(3) A declaration is a notifiable instrument.\nNote A notifiable instrument must be notified under the Legislation Act 2001.\n(4) The Minister must give additional public notice of a declaration\nunder subsection (3).\nNote Public notice means notice on an ACT government website or in a daily\nnewspaper circulating in the ACT (see Legislation Act, dict, pt 1). The\nrequirement in s (4) is in addition to the requirement for notification on\nthe legislation register as a notifiable instrument.\n\nPart 2 Operation of facility\nSection 6\npage 4 Supervised Injecting Place Trial Act 1999\nEffective: 01/09/16\nR10\n01/09/16\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n6 Declaration of operators\n(1) The Minister may, after consultation with the advisory committee,\nin writing, declare a person to be the operator of the facility.\n(2) The Minister shall not declare a non-government organisation to be\nthe operator other than in accordance with a recommendation of the\nadvisory committee.\n(3) A declaration under this section is a notifiable instrument.\nNote A notifiable instrument must be notified under the Legislation Act 2001.\n7 Law enforcement protocol\n(1) The Minister may, after consultation with the advisory committee,\nby instrument approve a protocol that deals with—\n(a) the detection, investigation and prosecution of offences by a\nperson who self-administers a substance at the facility; and\n(b) anything else necessary or convenient to be dealt with to give\neffect to the object of this Act;\nas the law enforcement protocol for this Act.\n(2) The Minister must ensure that a protocol is approved under this\nsection that will allow the facility to function in accordance with the\nobject of this Act.\n(3) The Minister must not approve a protocol that has the effect of\nexempting a member of the staff of the facility from the operation of\na law in relation to the possession, use or dealing in substances.\n8 Publication of law enforcement protocol\n(1) The Minister must give public notice of the effect of an instrument\nmade under section 7, as soon as practicable after the instrument is\nmade.\nNote Public notice means notice on an ACT government website or in a daily\nnewspaper circulating in the ACT (see Legislation Act, dict, pt 1).\n\nOperation of facility Part 2\nSection 9\nR10\n01/09/16\nSupervised Injecting Place Trial Act 1999\nEffective: 01/09/16\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) The notice must state the places where a copy of the law\nenforcement protocol may be bought or, at any reasonable time,\ninspected.\n(3) The Minister must ensure that—\n(a) copies of the law enforcement protocol may be bought at each\nplace stated for that purpose in the notice; and\n(b) a copy of the law enforcement protocol is, at any reasonable\ntime, available for inspection at each place stated for that\npurpose in the notice.\n9 Approval of internal management protocol\n(1) The Minister may, by instrument, approve a protocol relating to the\nfacility as the internal management protocol for this Act.\n(2) An operator shall manage the facility in accordance with the internal\nmanagement protocol.\n(3) Before making an instrument under subsection (1), the Minister\nmust be satisfied that the following requirements will be met:\n(a) the facility must be under the supervision of a supervisor;\n(b) the supervisor must have general oversight of the clinical\noperations of the facility and responsibility for ensuring that\nadequate clinical procedures are used in the facility;\n(c) each member of staff of the facility who directly supervises\ninjection of substances at the facility must be a doctor or a\nnurse;\n(d) each member of staff of the facility who issues equipment at\nthe facility for use in injection of substances at the facility must\nhold an approval under the Public Health Act 1997, part 3A\n(Supply of syringes);\n\nPart 2 Operation of facility\nSection 10\npage 6 Supervised Injecting Place Trial Act 1999\nEffective: 01/09/16\nR10\n01/09/16\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(e) the facility must contain, or provide satisfactory access to—\n(i) primary health care services (including medical\nconsultation and medical assessment services); and\n(ii) drug and alcohol counselling services; and\n(iii) health education services; and\n(iv) drug and alcohol detoxification and rehabilitation\nservices; and\n(v) services for testing for blood borne diseases;\n(f) the health and safety of staff and users of the facility must be\nprotected, having regard to the design of, and services provided\nby, the facility;\n(g) any recommendations of the advisory committee concerning\nthe operation of the facility must be given effect;\n(h) any regulations concerning the operation of the facility must be\ncomplied with.\n10 Criteria for assessing facility\n(1) The Minister must consult the advisory committee on the\nappropriate criteria, and must attempt to agree with the committee\non a set of criteria.\n(2) If a set of criteria is agreed, the Minister must approve them.\n(3) If agreement is not possible—\n(a) the advisory committee must set out its preferred criteria\n(alternative criteria); and\n(b) the Minister must approve a set of criteria and a statement of\nthe reasons why they are approved instead of the alternative\ncriteria (Minister’s reasons).\n\nOperation of facility Part 2\nSection 11\nR10\n01/09/16\nSupervised Injecting Place Trial Act 1999\nEffective: 01/09/16\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) The Minister must present a copy of the approved criteria, together\nwith any alternative criteria and Minister’s reasons, to the\nLegislative Assembly within 3 sitting days after the approval.\n(5) In this section:\ncriteria means criteria by which the scientific trial of the effects of\ngiving drug-dependent people a place to self-administer a substance\nis to be assessed.\n11 Exemption of staff and other persons from certain\ncriminal proceedings\n(1) This section applies to a person who is or has been—\n(a) a Minister or public employee; or\n(b) a member of the staff of the facility; or\n(c) the owner or occupier of the premises where the facility is\nsituated.\n(2) A proceeding for a criminal offence (including an offence against\nthe Criminal Code, section 717 (Accessory after the fact)) does not\nlie against a person to whom this section applies in relation to an\nact—\n(a) done in good faith by the person in the person’s capacity as a\nperson to whom this section applies; and\n(b) that consists of participating, or being in any other way\nconcerned, in the establishment of the facility or in its\noperation as a supervised injecting place; and\n(c) done in accordance with the requirements (if any) prescribed\nunder the regulations.\n\nPart 2 Operation of facility\nSection 12\npage 8 Supervised Injecting Place Trial Act 1999\nEffective: 01/09/16\nR10\n01/09/16\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n12 Exemption of persons from certain civil proceedings\nA civil proceeding does not lie against the Territory or anyone else\nin relation to the death of, or any loss or injury sustained by,\nsomeone (the affected person) caused by, or arising out of—\n(a) the self-administration by the affected person of a substance at\nthe facility; or\n(b) anything else done by the affected person, whether or not at the\nfacility, in relation to the self-administration.\n13 Directions to DPP\n(1) The Attorney-General must give such directions to the DPP under\nthe Director of Public Prosecutions Act 1990, section 20 (1) as are\nnecessary to ensure that drug-dependent people are not deterred by\nfear of prosecution for an offence from making use of the facility in\naccordance with the object of this Act.\n(2) The directions for subsection (1) must include, but are not limited\nto, a direction stating circumstances in which the DPP is restrained\nfrom prosecuting a person who administers a substance to himself or\nherself at the facility for an offence against—\n(a) the Drugs of Dependence Act 1989, section 169 (Possessing\ndrugs of dependence) or section 171 (Possessing prohibited\nsubstances); or\n(b) the Medicines, Poisons and Therapeutic Goods Act 2008,\nsection 36 (Possessing certain declared substances) or\nsection 37 (Administering certain declared substances).\n14 Things not permitted by Act\nThis Act does not permit—\n(a) the members of the staff of the facility to sell or possess or use\na substance in the facility; or\n\nOperation of facility Part 2\nSection 15\nR10\n01/09/16\nSupervised Injecting Place Trial Act 1999\nEffective: 01/09/16\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) a drug-dependent person to sell or supply a substance in the\nfacility; or\n(c) a drug-dependent person to possess in the facility more than\n0.5g of a substance; or\n(d) a drug-dependent person to possess a substance outside the\nfacility.\n15 Provision of injecting equipment at facility\nDespite any other provision of this Act or of another Territory law,\nit is lawful for a member of the staff of the facility to provide, at the\nfacility, sterile equipment to another person for use by the other\nperson, at the facility, to self-administer a substance, if the other\nperson—\n(a) agrees to return the equipment after use for safe disposal; and\n(b) unless the member of the staff knows, or reasonably believes,\nthat the other person has previously administered a substance\nto himself or herself—the other person has been offered\ncounselling or rehabilitation or medical services at the facility.\n16 Provision of information about facility\nDespite any other provision of this Act or of another Territory law,\nit is lawful for a person to give, for this Act, information about the\noperation of the facility to—\n(a) the Legislative Assembly or a committee of the Assembly; or\n(b) the Minister or a public employee acting in the course of his or\nher duties on behalf of a Minister; or\n(c) the advisory committee; or\n(d) a person appointed in writing by the Minister to review the\neffectiveness of the facility in meeting the relevant objectives\nof this Act.\n\nPart 2 Operation of facility\nSection 17\npage 10 Supervised Injecting Place Trial Act 1999\nEffective: 01/09/16\nR10\n01/09/16\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n17 Excluding persons from facility\n(1) The operator or the person for the time being in charge of the\nfacility may exclude a person from the facility by telling the person\norally that he or she is excluded under this Act for a stated period\nthat is not longer than 3 days.\n(2) The operator or the person for the time being in charge of the\nfacility may exclude a person from the facility by telling the person\nin writing that he or she is excluded under this Act for a stated\nperiod, giving brief reasons for the exclusion.\n(3) A person who has been told under subsection (1) or (2) that he or\nshe is excluded—\n(a) must leave the facility immediately; and\n(b) must not enter the facility during the stated period.\nMaximum penalty (subsection (3)): 10 penalty units.\n\nAdvisory committee Part 3\nSection 18\nR10\n01/09/16\nSupervised Injecting Place Trial Act 1999\nEffective: 01/09/16\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Advisory committee\n18 Advisory committee\nAn advisory committee, to be called the Supervised Drug Injection\nTrial Advisory Committee, is established.\n19 Committee’s functions\nThe functions of the advisory committee are—\n(a) to make written recommendations to the Minister about the\nmatters mentioned in section 29 (1) (Minister must consult\ncommittee); and\n(b) to exercise other functions given to the advisory committee by\nthis Act or another Territory law.\nNote 1 A provision of a law that gives an entity (including a person) a function\nalso gives the entity powers necessary and convenient to exercise the\nfunction (see Legislation Act, s 196 and dict, pt 1, def entity).\nNote 2 A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act, including regulations (see Legislation\nAct, s 104).\n20 Constitution\n(1) Subject to subsection (2), the advisory committee consists of\nmembers made up as follows:\n(a) the director-general;\n(b) 1 person nominated by, and representing, each of the following\npersons or bodies:\n(i) the Australian Federal Police;\n(ii) the director of public prosecutions;\n(iii) the legal aid office;\n(iv) the ambulance service;\n\nPart 3 Advisory committee\nSection 20\npage 12 Supervised Injecting Place Trial Act 1999\nEffective: 01/09/16\nR10\n01/09/16\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(v) the Australian Institute of Criminology;\n(vi) the Australian Medical Association;\n(vii) the Canberra City Heart Business Association;\n(viii) the Women’s Information Resources and Education on\nDrugs and Dependency (WIREDD);\n(ix) an association representing residents of an area where the\nfacility is, or is to be, located;\n(x) Assisting Drug Dependents Inc;\n(xi) National Centre for Epidemiology and Health;\n(xii) Canberra Injectors Network;\n(xiii) Australian Intravenous League;\n(xiv) Alcohol and other Drugs Council of Australia;\n(xv) the Winnunga Nimmityjah Aboriginal Health Service;\n(xvi) the Youth Coalition of the ACT.\n(2) The regulations may reduce or extend the membership of the\nadvisory committee.\n(3) Each member of the advisory committee is appointed by the\nMinister for a term of not longer than 3 years.\nNote 1 For the making of appointments (including acting appointments), see\nLegislation Act, pt 19.3.\nNote 2 A person may be reappointed to a position if the person is eligible to be\nappointed to the position (see Legislation Act, s 208 and dict, pt 1, def\nappoint).\n(4) A member holds office on the terms (if any) in relation to matters\nnot provided for by this Act that are stated in the instrument of\nappointment.\n\nAdvisory committee Part 3\nSection 21\nR10\n01/09/16\nSupervised Injecting Place Trial Act 1999\nEffective: 01/09/16\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n21 Chairperson and deputy chairperson\nThe Minister must appoint—\n(a) a member of the advisory committee to be chairperson of the\nadvisory committee; and\n(b) a member of the advisory committee to be deputy chairperson\nof the advisory committee.\n22 Ending of appointments\n(1) The Minister may end the appointment of a member for\nmisbehaviour or physical or mental incapacity.\n(2) The Minister must end the appointment of a member if the\nmember—\n(a) becomes bankrupt or personally insolvent; or\n(b) is absent for 3 consecutive meetings without leave; or\n(c) is convicted in Australia or elsewhere of an offence punishable\nby imprisonment for 1 year or longer.\nNote A person’s appointment also ends if the person resigns (see Legislation\nAct, s 210).\n24 Convening meetings\n(1) The chairperson, or if the chairperson cannot do so, the deputy\nchairperson, must call such meetings of the advisory committee—\n(a) as the chairperson or the deputy chairperson considers\nnecessary for the efficient performance of its functions; or\n(b) as the Minister directs, by written notice given to the\nchairperson or the deputy chairperson.\n(2) The chairperson must call a meeting of the advisory committee if\nasked by 3 members.\n\nPart 3 Advisory committee\nSection 25\npage 14 Supervised Injecting Place Trial Act 1999\nEffective: 01/09/16\nR10\n01/09/16\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n25 Leave of absence\nThe advisory committee may grant leave of absence (either before,\nor at the earliest practicable time after, the absence occurs) to a\nmember.\n26 Procedure\n(1) The chairperson presides at a meeting of the advisory committee\nwhen he or she is present.\n(2) If the chairperson is not present, the deputy chairperson presides.\n(3) If the chairperson and the deputy chairperson are both absent from a\nmeeting, the members present must elect a member present to\npreside.\n(4) The member presiding at a meeting may give directions in relation\nto the procedure to be followed for the meeting.\n(5) The member presiding at a meeting has a deliberative vote and, if\nthere is an equality of votes, a casting vote.\n(6) The advisory committee must keep minutes of its proceedings.\n(7) A meeting of the advisory committee may be called by telephone,\ntelevision or any other device which permits instantaneous audio\ncommunication, with or without instantaneous visual\ncommunication.\n27 Quorum\nAt a meeting of the advisory committee, a majority of the members\nfor the time being of the advisory committee is a quorum.\n28 Administration\nThe advisory committee may make arrangements with the\ndirector-general for the provision of administrative or secretarial\nservices to the advisory committee.\n\nConsultation with committee Part 4\nSection 29\nR10\n01/09/16\nSupervised Injecting Place Trial Act 1999\nEffective: 01/09/16\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 4 Consultation with committee\n29 Minister must consult committee\n(1) The Minister must consult the advisory committee about—\n(a) any place to be declared to be the facility; and\n(b) the operation of the facility (including the hours of operation);\nand\n(c) the conditions of access to the facility; and\n(d) the terms on which people under 18 years old may attend the\nfacility; and\n(e) the way in which, and the criteria by which, the effectiveness\nof the operation of the facility may be evaluated.\n(2) If the Minister decides not to give effect to a recommendation of the\nadvisory committee about a matter mentioned in subsection (1), the\nMinister must—\n(a) give a written statement of the reasons to the chairperson\nwithin 14 days after making the decision; and\n(b) present a copy of the statement to the Legislative Assembly,\nwithin 3 sitting days after making the decision.\n30 Criteria for deciding place for facility\nIn deciding whether to recommend a place to the Minister as the\nfacility, the advisory committee must have regard to—\n(a) the cost of setting up and maintaining the facility at the place;\nand\n(b) the capacity to maintain the place in a hygienic condition; and\n\nPart 4 Consultation with committee\nSection 31\npage 16 Supervised Injecting Place Trial Act 1999\nEffective: 01/09/16\nR10\n01/09/16\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) the capacity of the place to meet the objective of giving\ndrug-dependent people using the place access to counselling,\nmedical treatment, detoxification and other health promotion\nservices; and\n(d) the means of safe disposal of injecting equipment after use.\n31 Review of the operation of scientific trial\n(1) The advisory committee must, as soon as practicable after the end of\neach 6 months following the date of effect of the declaration of the\nfacility, give the Minister a report on—\n(a) the operation of the facility during the 6 months; and\n(b) the views of the advisory committee about the scientific trial\nduring the 6 months.\n(2) The advisory committee must, before the expiry of this Act—\n(a) arrange an assessment of the scientific trial against the criteria\napproved under section 10; and\n(b) give to the Minister a report containing the assessment together\nwith a recommendation either that the scientific trial continue\nfor a stated time, or that it cease.\n(3) The Minister must present a copy of each report to the Legislative\nAssembly within 6 sitting days after receiving the report.\n\nMiscellaneous Part 5\nSection 32\nR10\n01/09/16\nSupervised Injecting Place Trial Act 1999\nEffective: 01/09/16\npage 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 5 Miscellaneous\n32 Regulation-making power\nThe Executive may make regulations for this Act.\nNote Regulations must be notified, and presented to the Legislative\nAssembly, under the Legislation Act 2001.\n33 Expiry of Act\nThis Act expires 2 years after the day when the first declaration is\nmade under section 5.\n\nDictionary\npage 18 Supervised Injecting Place Trial Act 1999\nEffective: 01/09/16\nR10\n01/09/16\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 2)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• ambulance service\n• Attorney-General\n• bankrupt or personally insolvent\n• director-general (see s 163)\n• DPP\n• Executive\n• Legislative Assembly\n• Minister (see s 162)\n• notifiable instrument (see s 10)\n• penalty unit (see s 133)\n• public servant\n• regulations.\nadvisory committee means the advisory committee established by\nsection 18.\nchairperson means the chairperson of the advisory committee.\ndeputy chairperson means the deputy chairperson of the advisory\ncommittee.\ndrug-dependent person—see the Medicines, Poisons and\nTherapeutic Goods Act 2008, dictionary.\nfacility means the place that is declared under section 5 to be the\nfacility.\ninternal management protocol means a protocol approved under\nsection 9.\nlaw enforcement protocol means a protocol approved under\nsection 8.\n\nDictionary\nR10\n01/09/16\nSupervised Injecting Place Trial Act 1999\nEffective: 01/09/16\npage 19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\noperator, of the facility, means a person who is declared under\nsection 5 to be the operator of the facility.\nstaff, of the facility, includes the following persons:\n(a) the operator of the facility;\n(b) a manager of the facility;\n(c) a person engaged by the operator or manager of the facility to\nprovide services at the facility, whether under a contract of\nemployment or otherwise;\n(d) a person engaged by the operator or manager of the facility to\nprovide voluntary assistance at the facility.\nsubstance means a controlled medicine, or prohibited substance,\nwithin the meaning of the Medicines, Poisons and Therapeutic\nGoods Act 2008.\nsupervised injecting place means a place that provides—\n(a) a supervised and hygienic environment for the self-\nadministration of substances by drug-dependent people; and\n(b) access to clean equipment for such self-administration, and\nsafe facilities for disposing of the equipment; and\n(c) an opportunity for users of the facility to be referred to\ncounselling, medical treatment, detoxification and similar\nservices.\n\nEndnotes\n1 About the endnotes\npage 20 Supervised Injecting Place Trial Act 1999\nEffective: 01/09/16\nR10\n01/09/16\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished\nlaw but are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The\ndetails of these laws are underlined in the legislation history. Uncommenced\nexpiries are underlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\nLegislation history 3\nR10\n01/09/16\nSupervised Injecting Place Trial Act 1999\nEffective: 01/09/16\npage 21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nSupervised Injecting Place Trial Act 1999 A1999-90\nnotified 23 December 1999 (Gaz 1999 No S65)\ncommenced 23 December 1999 (s 2)\nNote Act expires 2 years after the day when the first declaration is\nmade under s 5 (see s 33)\nas amended by\nSupervised Injecting Place Trial Amendment Act 2000 A2000-39\nnotified 12 July 2000 (Gaz 2000 No S36)\ncommenced 12 July 2000 (s 2)\nLegislation (Consequential Amendments) Act 2001 A2001-44 pt 373\nnotified 26 July 2001 (Gaz 2001 No 30)\ns 1, s 2 commenced 26 July 2001 (IA s 10B)\npt 373 commenced 12 September 2001 (s 2 and see Gaz 2001\nNo S65)\nStatute Law Amendment Act 2003 (No 2) A2003-56 sch 3 pt 3.26\nnotified LR 5 December 2003\ns 1, s 2 commenced 5 December 2003 (LA s 75 (1))\nsch 3 pt 3.26 commenced 19 December 2003 (s 2)\nEmergencies Act 2004 A2004-28 pt 3.23\nnotified LR 29 June 2004\ns 1, s 2 commenced 29 June 2004 (LA s 75 (1))\npt 3.23 commenced 1 July 2004 (s 2 (1) and CN2004-11)\nMedicines, Poisons and Therapeutic Goods Act 2008 A2008-26\nsch 2 pt 2.22\nnotified LR 14 August 2008\ns 1, s 2 commenced 14 August 2008 (LA s 75 (1))\nsch 2 pt 2.22 commenced 14 February 2009 (s 2 and LA s 79)\nStatute Law Amendment Act 2008 A2008-28 sch 3 pt 3.55\nnotified LR 12 August 2008\ns 1, s 2 commenced 12 August 2008 (LA s 75 (1))\nsch 3 pt 3.55 commenced 26 August 2008 (s 2)\n\nEndnotes\n3 Legislation history\npage 22 Supervised Injecting Place Trial Act 1999\nEffective: 01/09/16\nR10\n01/09/16\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nStatute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.71\nnotified LR 26 November 2009\ns 1, s 2 commenced 26 November 2009 (LA s 75 (1))\nsch 3 pt 3.71 commenced 17 December 2009 (s 2)\nAdministrative (One ACT Public Service Miscellaneous Amendments)\nAct 2011 A2011-22 sch 1 pt 1.143\nnotified LR 30 June 2011\ns 1, s 2 commenced 30 June 2011 (LA s 75 (1))\nsch 1 pt 1.143 commenced 1 July 2011 (s 2 (1))\nRed Tape Reduction Legislation Amendment Act 2015 A2015-33\nsch 1 pt 1.62\nnotified LR 30 September 2015\ns 1, s 2 commenced 30 September 2015 (LA s 75 (1))\nsch 1 pt 1.62 commenced 14 October 2015 (s 2)\nPublic Sector Management Amendment Act 2016 A2016-52 sch 1\npt 1.58\nnotified LR 25 August 2016\ns 1, s 2 commenced 25 August 2016 (LA s 75 (1))\nsch 1 pt 1.58 commenced 1 September 2016 (s 2)\n\nEndnotes\nAmendment history 4\nR10\n01/09/16\nSupervised Injecting Place Trial Act 1999\nEffective: 01/09/16\npage 23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nLong title\nlong title sub A2008-26 amdt 2.152\nDictionary\ns 2 om R1 LRA\nins A2003-56 amdt 3.246\nam A2008-26 amdt 2.153\nNotes\ns 3 defs reloc to dict A2003-56 amdt 3.245\nsub A2003-56 amdt 3.246\nDeclaration of facility\ns 5 am A2000-39 s 4; A2001-44 amdts 1.3948-1.3950;\nA2003-56 amdt 3.247; A2008-26 amdt 2.161; A2015-33\namdt 1.217\nDeclaration of operators\ns 6 am A2001-44 amdt 1.3951, amdt 1.3952\nPublication of law enforcement protocol\ns 8 am A2015-33 amdt 1.218\nApproval of internal management protocol\ns 9 am A2008-26 amdt 2.154\nCriteria for assessing facility\ns 10 am A2008-26 amdt 2.161\nExemption of staff and other persons from certain criminal proceedings\ns 11 am A2008-28 amdt 3.165\nDirections to DPP\ns 13 am A2008-26 amdt 2.155, amdt 2.161\nThings not permitted by Act\ns 14 am A2008-26 amdt 2.156\nCommittee’s functions\ns 19 am A2001-44 amdt 1.3953, amdt 1.3954\nsub A2003-56 amdt 3.248\nConstitution\ns 20 am A2003-56 amdts 3.249-3.251; A2011-22 amdt 1.409\nChairperson and deputy chairperson\ns 21 am A2003-56 amdt 3.252\nEnding of appointments\ns 22 sub A2003-56 amdt 3.253\nam A2008-28 amdt 3.166; A2009-49 amdt 3.184\n\nEndnotes\n5 Earlier republications\npage 24 Supervised Injecting Place Trial Act 1999\nEffective: 01/09/16\nR10\n01/09/16\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nResignation\ns 23 om A2003-56 amdt 3.253\nAdministration\ns 28 am A2011-22 amdt 1.409\nMinister must consult committee\ns 29 am A2003-56 amdt 3.254\nCriteria for deciding place for facility\ns 30 am A2008-26 amdt 2.161\nRegulation-making power\ns 32 am A2001-44 amdt 1.3955\nDictionary\ndict ins A2003-56 amdt 3.255\nam A2004-28 amdt 3.66; A2009-49 amdt 3.185; A2011-22\namdt 1.410; A2016-52 amdt 1.156\ndef advisory committee reloc from s 3 A2003-56 amdt 3.245\ndef chairperson reloc from s 3 A2003-56 amdt 3.245\ndef deputy chairperson reloc from s 3 A2003-56 amdt 3.245\ndef drug dependent person reloc from s 3 A2003-56\namdt 3.245\nom A2008-26 amdt 2.157\ndef drug-dependent person ins A2008-26 amdt 2.157\ndef drug of dependence reloc from s 3 A2003-56 amdt 3.245\nom A2008-26 amdt 2.158\ndef Drugs of Dependence Act reloc from s 3 A2003-56\namdt 3.245\nom A2008-26 amdt 2.158\ndef facility reloc from s 3 A2003-56 amdt 3.245\ndef internal management protocol reloc from s 3 A2003-56\namdt 3.245\ndef law enforcement protocol reloc from s 3 A2003-56\namdt 3.245\ndef newspaper reloc from s 3 A2003-56 amdt 3.245\nom A2015-33 amdt 1.219\ndef operator reloc from s 3 A2003-56 amdt 3.245\ndef prohibited substance reloc from s 3 A2003-56\namdt 3.245\nom A2008-26 amdt 2.159\ndef staff reloc from s 3 A2003-56 amdt 3.245\ndef substance reloc from s 3 A2003-56 amdt 3.245\nsub A2008-26 amdt 2.160\ndef supervised injecting place reloc from s 3 A2003-56\namdt 3.245\nam A2008-26 amdt 2.161\n\nEndnotes\nEarlier republications 5\nR10\n01/09/16\nSupervised Injecting Place Trial Act 1999\nEffective: 01/09/16\npage 25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications\nare marked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication No Amendments to Republication date\n1 A2000-39 1 September 2000\n2 A2001-44 21 January 2002\n3 A2003-56 19 December 2003\n4 A2004-28 1 July 2004\n5 A2008-28 26 August 2008\n6 A2008-28 14 February 2009\n7 A2009-49 17 December 2009\n8 A2011-22 1 July 2011\n9 A2015-33 14 October 2015\n© Australian Capital Territory 2016","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of establishing a single supervised injecting facility as a time-limited scientific trial. While amendments have updated cross-references to other Acts (particularly the Medicines, Poisons and Therapeutic Goods Act 2008) and modernised administrative procedures, the core scope—one trial facility, 2-year sunset clause, advisory committee oversight—has remained consistent with the 1999 original intent."},"complexity_factors":["Moderate cross-referencing to other ACT laws (Medicines, Poisons and Therapeutic Goods Act 2008, Drugs of Dependence Act 1989, Director of Public Prosecutions Act 1990, Public Health Act 1997)","18 defined terms in the Dictionary section, including nested definitions (e.g., 'substance' refers to definitions in another Act)","Multiple conditional requirements for declaring a facility (section 5 has 5 separate preconditions that must all be satisfied)","Complex advisory committee composition with 16+ mandated representative positions (section 20), though regulations can modify this","Sunset clause (automatic expiry after 2 years) creates time-bound conditional operation","Mix of criminal law exemptions, civil liability shields, and administrative law procedures (consultation requirements, notifiable instruments)"],"plain_english_summary":"This law creates a time-limited trial of a supervised injecting facility where people dependent on drugs can self-administer under medical supervision, with legal protections for staff, operators and property owners. \n\nIt affects people who inject drugs, medical staff, police and local residents, reframes drug use as a health issue to reduce overdoses, disease transmission and public injecting, and automatically expires two years after opening to force evaluation."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act maintains its original limited scope: to permit a temporary, independently evaluated scientific trial of a supervised injecting place (s4) and to expire two years after the first facility declaration (s33). Its provisions consistently create a regulatory and liability framework to enable that trial rather than extending permanent powers."},"complexity_factors":["Broad ministerial discretion to declare facility and operator (s5–6) which requires multiple preconditions to be satisfied (s5(2)).","Mandatory approval, publication and access requirements for a law‑enforcement protocol (s7–8) introducing interface with policing and prosecution practice.","Detailed internal management and clinical staffing requirements (s9(3)(a)–(e)) tying the trial to Public Health Act approvals and multiple health services (s9(3)(e)).","Statutory limits and qualifications on criminal and civil liability (s11–12) plus directions to the DPP to constrain prosecutions (s13) — legal immunities are conditional and cross‑referenced.","Compulsory advisory committee with complex, multi‑stakeholder composition, appointment rules and consultative duties (s18–22; s29–31).","Regular reporting, evaluation criteria and presentation obligations to the Legislative Assembly (s10(4); s31), adding procedural and accountability layers.","Time‑limited scope with automatic expiry tied to the first declaration (s33), requiring coordination of start‑up actions to trigger timelines.","Regulation‑making power (s32) and numerous cross‑references to other statutes (e.g. Public Health Act; Medicines, Poisons and Therapeutic Goods Act; Director of Public Prosecutions Act) increasing interpretive complexity.","Operator powers to exclude users with criminal penalties for breaches (s17) and specific operational prohibitions (s14) that interact with clinical practice and enforcement."],"plain_english_summary":"Mechanically, this Act creates a temporary legal framework that allows the Minister to declare and regulate a supervised injecting facility for a time‑limited, independently evaluated scientific trial. It requires approved law‑enforcement and internal management protocols, specified clinical staffing and service links, advisory‑committee consultation, regular reporting and a statutory expiry.\n\nThe law affects drug‑dependent users, facility operators and staff, the Attorney‑General/DPP and several government agencies. It matters because it changes legal exposure, sets administrative duties and creates conditions under which a supervised injecting trial can operate (see s4; s5–13; s29–31; s33)."},"issue_detection":{"absurdities":[{"type":"other","section":"Dictionary—definition of “operator”","severity":"high","reasoning":"Section 2 makes the dictionary part of the Act. The dictionary defines “operator” as a person declared under section 5. Section 5(1) only permits the Minister to declare a place to be the facility, while section 6(1) permits the Minister to declare a person to be the operator. The definition therefore relies on an operative concept absent from its referenced provision.","confidence":0.99,"description":"The definition requires an operator to be declared under section 5, but section 5 only authorises declaration of a place as the facility. Section 6 authorises declaration of a person as operator.","source_quotes":["operator, of the facility, means a person who is declared under section 5 to be the operator of the facility.","The Minister may, in writing, declare a place to be the facility for this Act.","The Minister may, after consultation with the advisory committee, in writing, declare a person to be the operator of the facility."]},{"type":"other","section":"Dictionary—definition of “law enforcement protocol”","severity":"high","reasoning":"Section 2 makes the dictionary part of the Act. The dictionary defines “law enforcement protocol” as a protocol approved under section 8. Section 8 only requires public notice and availability of an instrument made under section 7. Section 7(1) authorises the Minister to approve a protocol as the law enforcement protocol. The definition therefore refers to a nonexistent approval under section 8.","confidence":0.99,"description":"The definition requires the protocol to be approved under section 8, but section 8 contains no approval power. Approval occurs under section 7.","source_quotes":["law enforcement protocol means a protocol approved under section 8.","The Minister may, after consultation with the advisory committee, by instrument approve a protocol that deals with—","The Minister must give public notice of the effect of an instrument made under section 7, as soon as practicable after the instrument is made."]}],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/supervised-injecting-place-trial-act-1999","history":"/api/acts/supervised-injecting-place-trial-act-1999/history","analysis":"/api/acts/supervised-injecting-place-trial-act-1999/analysis","conflicts":"/api/acts/supervised-injecting-place-trial-act-1999/conflicts","importantCases":"/api/acts/supervised-injecting-place-trial-act-1999/important-cases","documents":"/api/acts/supervised-injecting-place-trial-act-1999/documents"}}