DRUGS OF DEPENDENCE ACT 1989
206Regulation-making power
Start here
Get a plain-English read of 206
Turn the raw legal text into a practical explanation grounded in DRUGS OF DEPENDENCE ACT 1989.
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.