206Regulation-making power

206 Regulation-making power The Executive may make regulations for this Act. (see s 2) Note 1 The Legislation Act contains definitions and other provisions relevant to this Act. Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms: • ACAT • chief police officer • intersex person (see s 169B) • police officer • territory law. analyst means an analyst under the Public Health Act 1997, section 15 who is authorised under that Act to exercise a function under this Act. Note Analyst includes the government analyst (see Public Health Act 1997, dict). analyst’s certificate means a certificate under the Public Health Act 1997, section 135A. cannabis— (a) means a cannabis plant, whether living or dead, and includes any flowering or fruiting top, leaf, seed, stalk or any other part of a cannabis plant and any mixture of parts of a cannabis plant or cannabis plants; but (b) does not include— (i) cannabis resin; or (ii) cannabis fibre; or (iii) cannabis food products. Note See also section 5. cannabis fibre means a substance consisting wholly or substantially of fibre from a cannabis plant but not containing any other material from a cannabis plant. cannabis food product—see section 6. cannabis plant means a plant of the Genus Cannabis. cannabis resin means a substance consisting wholly or substantially of resin, whether crude, purified or in any other form, from a cannabis plant. chapter 6 substance— (a) for division 11.3 (Search, seizure and analysis)—see section 182; and (b) for division 11.4 (Disposal of seized substances, compensation and recovery)—see section 193A. connected, for part 11 (Enforcement)—see section 174. drug dependence means the condition because of which a person is a drug-dependent person. drug-dependent person, in relation to a drug of dependence or prohibited substance, means a person with a condition— (a) who, as a result of the administration of the drug or substance, demonstrates, in relation to the person’s use of the drug or substance— (i) impaired control; or (ii) drug-seeking behaviour that suggests impaired control; and (b) who, as a result of the cessation of the administration of the drug or substance, is likely to experience symptoms of mental or physical distress or disorder. drug of dependence means a substance prescribed by regulation as a drug of dependence. government analyst means the government analyst under the Public Health Act 1997, section 15 (a). hospital—see the Medicines, Poisons and Therapeutic Goods Act 2008, dictionary. mental condition does not include drug dependence. occupier, for part 11 (Enforcement)—see section 174 (4). offence, for part 11 (Enforcement)—see section 174. physical condition— (a) means— (i) a physical disease, illness, ailment, defect or injury; or (ii) pregnancy; or (iii) a physical state that may be changed by surgery in the course of professional medical practice; but (b) does not include drug dependence. place, for division 11.3 (Search, seizure and analysis)—see section 182. prohibited substance means a substance prescribed by regulation as a prohibited substance. protocol, for division 11.4 (Disposal of seized substances, compensation and recovery)—see section 193A. seized cannabis plant, for division 11.4 (Disposal of seized seized cannabis plants protocol, for division 11.4 (Disposal of seized seized cannabis product, for division 11.4 (Disposal of seized seized cannabis product protocol, for division 11.4 (Disposal of seized substances, compensation and recovery)—see section 193A. seized substance, for division 11.4 (Disposal of seized substances, compensation and recovery)—see section 193A. sell includes offer or expose for sale. small quantity, for a drug of dependence or a prohibited substance, means a quantity of the drug or substance that is not more than the quantity prescribed by regulation. supply includes offer to supply but does not include administer. About the endnotes 1 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office. Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired This Act was originally a Commonwealth ordinance—the Drugs of Dependence Ordinance 1989 No 11 (Cwlth). The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4) converted most former Commonwealth ordinances in force in the ACT into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. This Act was converted into an ACT enactment on 11 May 1989 (self-government day). As with most ordinances in force in the ACT, the name was changed from Ordinance to Act by the Self-Government (Citation of Laws) Act 1989 A1989-21, s 5 on 11 May 1989 (self-government day). After 11 May 1989 and before 10 November 1999, Acts commenced on their notification day unless otherwise stated (see Australian Capital Territory (Self-Government) Act 1988 (Cwlth) s 25). Legislation before becoming Territory enactment Drugs of Dependence Act 1989 A1989-11 notified 15 March 1989 commenced 1 April 1989 (s 2 and Cwlth Gaz 1989 No S109) as amended by Self-Government (Consequential Amendments) Ordinance 1989 Ord1989-38 sch 1 notified 10 May 1989 (Cwlth Gaz 1989 No S160) s 1, s 2 commenced 10 May 1989 (s 2 (1)) sch 1 commenced 11 May 1989 (s 2 (2) and see Cwlth Gaz 1989 No S164) Legislation after becoming Territory enactment Health Services (Consequential Provisions) Act 1990 A1990-63 sch 1 notified 28 December 1990 (Gaz 1990 No S102) s 1, s 2 commenced 28 December 1990 (s 2 (1)) sch 1 commenced 31 January 1991 (s 2 (2) and Gaz 1991 No S4) Drugs of Dependence (Amendment) Act 1991 A1991-5 notified 1 March 1991 (Gaz 1991 No S7) ss 1-3 commenced 1 March 1991 (s 2 (1)) remainder commenced 15 March 1991 (s 2 (2) and Gaz 1991 No S16) Magistrates and Coroner’s Courts (Registrar) Act 1991 A1991-44 s 7 (2) and sch 1 notified 20 September 1991 (Gaz 1991 No S95) s 1, s 2 commenced 20 September 1991 (s 2 (1)) s 7 (2) and sch 1 commenced 25 September 1991 (s 2 (2) and Gaz 1991 No S103) Drugs of Dependence (Amendment) Act 1992 A1992-52 notified 18 September 1992 (Gaz 1992 No S158) commenced 18 September 1992 Drugs of Dependence (Amendment) Act (No 2) 1992 A1992-61 notified 30 October 1992 (Gaz 1992 No S183) commenced 30 October 1992 Drugs of Dependence (Amendment) Act (No 3) 1992 A1992-62 notified 30 October 1992 (Gaz 1992 No S183) commenced 30 October 1992 Statute Law Revision (Miscellaneous Provisions) Act 1993 A1993-1 commenced 1 March 1993 Drugs of Dependence (Amendment) Act 1993 A1993-7 notified 25 February 1993 (Gaz 1993 No S22) ss 1-3 commenced 25 February 1993 (s 2 (1)) remainder commenced 3 March 1993 (s 2 (2) and Gaz 1993 No S33) Drugs of Dependence (Amendment) Act (No 2) 1993 A1993-10 ss 1-3 commenced 1 March 1993 (s 2 (1)) remainder commenced 31 March 1993 (s 2 (2) and Gaz 1993 No S53) Health (Consequential Provisions) Act 1993 A1993-14 sch 1 commenced 1 March 1993 (s 2) Drugs of Dependence (Amendment) Act (No 3) 1993 A1993-45 notified 27 August 1993 (Gaz 1993 No S165) s 1, s 2 commenced 27 August 1993 (s 2 (1)) remainder commenced 20 September 1993 (s 2 (2) and Gaz 1993 No S190) Public Sector Management (Consequential and Transitional Provisions) Act 1994 A1994-38 sch 1 pt 29 notified 30 June 1994 (Gaz 1994 No S121) s 1, s 2 commenced 30 June 1994 (s 2 (1)) sch 1 pt 29 commenced 1 July 1994 (s 2 (2) and Gaz 1994 S142) Administrative Appeals (Consequential Amendments) Act 1994 A1994-60 sch 1 notified 11 October 1994 (Gaz 1994 No S197) s 1, s 2 commenced 11 October 1994 (s 2 (1)) sch 1 commenced 14 November 1994 (s 2 (2) and Gaz 1994 No S250) Drugs of Dependence (Amendment) Act 1994 A1994-74 notified 1 November 1994 (Gaz 1994 No S229) commenced 1 November 1994 (s 2) Drugs of Dependence (Amendment) Act (No 2) 1994 A1994-90 notified 15 December 1994 (Gaz 1994 No S280) commenced 15 December 1994 (s 2) Statutory Offices (Miscellaneous Provisions) Act 1994 A1994-97 sch notified 15 December 1994 (Gaz 1994 No S280) s 1, s 2 commenced 15 December 1994 (s 2 (1)) sch commenced 15 December 1994 (s 2 (2) and Gaz 1994 No S293) Drugs of Dependence (Amendment) Act 1995 A1995-31 notified 3 October 1995 (Gaz 1995 No S243) commenced 3 October 1995 (s 2) Statute Law Revision Act 1995 A1995-46 sch notified 18 December 1995 (Gaz 1995 No S306) amdts commenced 18 December 1995 (s 2) Health and Community Care Services (Consequential Provisions) Act