22CSuspension or cancellation

22C Suspension or cancellation S. 22C(1) amended by No. 46/1998 s. 7(Sch. 1). (1) The Secretary may suspend or cancel a licence, permit or warrant if— (a) the holder has not complied with the terms, conditions, limitations or restrictions of the licence, permit or warrant; or (b) the holder proves not to be a fit and proper person; or S. 22C(1)(ba) inserted by No. 41/2024 s. 9(1). (ba) in the case of a drug**‑**checking permit, a drug**‑**checking director engaged in relation to that permit proves not to be a fit and proper person; or (c) the holder has been convicted of an offence against this Act or the regulations; or (d) the holder requests suspension or cancellation; or S. 22C(1)(e) amended by Nos 75/2014 s. 8, 41/2024 s. 9(2). (e) the holder ceases to carry on business at or using the premises or the mobile facility (as the case requires). S. 22C(2) amended by No. 46/1998 s. 7(Sch. 1). (2) If a licence, permit or warrant is suspended or cancelled under subsection (1), it ceases to have effect and any document issued to the former holder of the licence, permit or warrant must be surrendered to the Secretary on demand. Pt 2 Div. 4 Subdiv. 3 (Heading and ss 22CA, 22CB) inserted by No. 41/2024 s. 10. Subdivision 3—Approval of areas under mobile drug‑checking permits S. 22CA inserted by No. 41/2024 s. 10. 22CA Approval of area within permanent structure for purposes of mobile drug‑checking permit (1) The holder of a mobile drug**‑**checking permit may apply to the Secretary for approval to temporarily use an area within a permanent structure for the purposes of— (b) the carrying out of another activity under the drug**‑**checking permit. Section 22CB sets out the requirements for an application under this subsection. (2) On an application under subsection (1), the Secretary must, in accordance with this section, either— (a) issue an approval; or Section 22CB sets out the requirements for an approval under this subsection. (b) refuse the application. (3) In determining whether to issue an approval under subsection (2), the Secretary must have regard to— (a) whether the area is sufficiently well defined in the application; and (b) the prescribed other matters (if any). (4) On issuing an approval under subsection (2), the Secretary must publish the approval in the Government Gazette. (5) The Secretary, by instrument, may delegate the Secretary's powers and functions under this section to— (a) a specified person who is employed under Part 3 of the **Public Administration Act 2004**; or (b) each person of a specified class of persons who are employed under Part 3 of that Act. S. 22CB inserted by No. 41/2024 s. 10. 22CB Form of applications and approvals (1) Each of the following things must comply with the requirements specified in subsection (2)— (a) an application under section 22CA(1); and (b) an approval under section 22CA(2). (2) The requirements are that the application or approval must— (b) identify the permanent structure that is to be used for the purposes of— (i) the provision of a drug**‑**checking service under the drug**‑**checking permit; or (ii) the carrying out of another activity under the drug**‑**checking permit; and (c) identify each area within that structure that is to be used for those purposes; and (d) specify the period during which those areas are to be used for those purposes; and (e) contain the prescribed information (if any). Pt 2 Div. 4 Subdiv. 4 (Heading and ss 22CC–22CJ) inserted by No. 41/2024 s. 10. Subdivision 4—Miscellaneous provisions for drug‑checking permits S. 22CC inserted by No. 41/2024 s. 10. 22CC Meaning of *client* For the purposes of this Subdivision, a person attends a drug**‑**checking place as a ***client*** if they attend for any of the following purposes— (a) supplying a substance to— (i) the holder of the drug**‑**checking permit; or (ii) a special drug**‑**checking worker engaged by the holder of the permit— either so that a drug**‑**checking service may be provided or so that the substance may be disposed of; (b) being provided with a drug**‑**checking service. S. 22CD inserted by No. 41/2024 s. 10. 22CD Exemption from criminal liability and authorizations for clients (1) Subject to subsection (2), a person who attends a drug**‑**checking place as a client is authorised, at that place, to do the following things— (a) to possess a poison, controlled substance or drug of dependence; (b) to supply a poison, controlled substance or drug of dependence to— (i) the holder of the drug**‑**checking permit for that drug**‑**checking place; or (ii) a special drug**‑**checking worker engaged by the holder of the permit; (c) to receive and possess a poison, controlled substance or drug of dependence supplied to the person as authorised by section 20AA(1)(b). (2) Subsection (1) does not authorise a person to possess or supply a drug of dependence in a quantity that is, or is greater than, the traffickable quantity (within the meaning of Part V) applicable to that drug of dependence. (3) A person who is authorised to do a particular thing by subsection (1) is exempt from liability for an offence against Part V or the regulations which is constituted by the doing of that thing. (4) Nothing in this section exempts any person from, or otherwise affects, any condition or obligation imposed— (a) by or under any order of, or undertaking given to, a court or tribunal; or (b) by or under any Act or law other than this Act. (5) Without limiting subsection (4), the conditions and obligations referred to in that subsection include conditions and obligations under— (a) a sentencing order under the **Sentencing Act 1991**; or (b) a correctional order within the meaning of the **Corrections Act 1986**; or (c) a bail undertaking within the meaning of the **Bail Act 1977**; or (d) an order under the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997**; or (e) an order under the **Serious Offenders Act 2018**; or (f) a prescribed law, or an instrument of a prescribed class. S. 22CE inserted by No. 41/2024 s. 10. 22CE Police discretions not affected Nothing in section 22CD affects any discretion a police officer may exercise in relation to not charging a person with an offence against Part V or the regulations when the person is in the vicinity of a drug**‑**checking place for the purposes of attending it as a client. S. 22CF inserted by No. 41/2024 s. 10. 22CF Exemption for permit holders and drug‑checking workers A person who is authorised by a drug**‑**checking permit to do a thing set out in section 20AA is exempt from liability for an offence against this Act or the regulations constituted by the doing of that thing. S. 22CG inserted by No. 41/2024 s. 10. 22CG Exemption relating to possession under section 5 (1) Each of the persons specified in subsection (2) is exempt from liability for an offence against this Act or the regulations constituted by the possession of a poison, controlled substance or drug of dependence if the possession— (a) arises by operation of section 5; and (b) occurs in the course of a person doing a thing under a drug**‑**checking permit. (2) The specified persons are— (a) the holder of the drug**‑**checking permit; and (b) a special drug**‑**checking worker engaged by the holder of the drug**‑**checking permit; and (c) each owner or occupier of the land or premises on which the possession occurs. (3) A person who, under subsection (1), is exempted from liability for an offence constituted by possessing a poison, controlled substance or drug of dependence is taken, for the purposes of this Act, to be authorized by this Act to possess that poison, controlled substance or drug of dependence as described in that subsection. S. 22CH inserted by No. 41/2024 s. 10. 22CH Exemption from civil liability (1) This section applies to the following— (a) the holder of a drug**‑**checking permit; (b) a drug**‑**checking director; (c) each other— (i) general drug**‑**checking worker; or (ii) special drug**‑**checking worker; (d) an owner or occupier of— (i) a drug**‑**checking place; or (ii) the land or premises on which a drug**‑**checking place is located; (e) each trustee or member of a committee of management or board (however described) of— (i) the holder of a drug**‑**checking permit; or (ii) an owner or occupier referred to in paragraph (d). (2) A person to whom this section applies is not subject to any civil liability for an act or omission that is done or omitted to be done— (a) in good faith; and (b) under a drug**‑**checking permit; and (c) in the case of an act or omission that is subject to the permit, this Division or regulations made for the purposes of this Division, in accordance with the permit, this Division and those regulations. (3) Without limiting subsection (2), that subsection applies to an act or omission that— (a) relates to the supply or possession of a poison, controlled substance or drug of dependence at a drug**‑**checking place; and (b) satisfies the requirements of subsection (2)(a), (b) and (c). (4) Without limiting subsection (2), a person referred to in subsection (1)(a), (b) or (c) who acts or fails to act under the permit, this Division or regulations made for the purposes of this Division in the reasonable belief that the act or omission is in accordance with the permit, this Division or those regulations does not commit— (a) unprofessional conduct within the meaning and for the purposes of the Health Practitioner Regulation National Law; or (b) a breach of professional etiquette or any other code of conduct. (5) Nothing in this section affects any rights or obligations between the holder of a drug**‑**checking permit and— (a) a drug**‑**checking director engaged by the holder of the permit; or (b) any other— (i) general drug**‑**checking worker; or (ii) special drug**‑**checking worker— engaged by the holder of the permit. (6) Nothing in this section affects or limits any Crown immunity that applies to a person who exercises a power or function under this Division. S. 22CI inserted by No. 41/2024 s. 10. 22CI Planning permit not required Nothing in a planning scheme or a planning scheme amendment under the **Planning and Environment Act 1987** is to be taken to require a planning permit for the use or development of premises for the purposes of— (a) the provision of drug**‑**checking services; or (b) the carrying out of another activity under a drug**‑**checking permit. S. 22CJ inserted by No. 41/2024 s. 10. 22CJ Regulations (1) The Governor in Council may make regulations for or with respect to the following— (a) standards for— (i) the provision of drug**‑**checking services; or (ii) the carrying out of another activity under a drug**‑**checking permit; (b) regulating the possession, analysis, supply, storage, destruction, transport or delivery of a substance in the course of— (i) the provision of drug**‑**checking services; or (ii) the carrying out of another activity under a drug**‑**checking permit; (c) standards for a drug**‑**checking place; (d) requirements that a person must meet in order to be a fit and proper person in relation to the issue of a drug**‑**checking permit; (e) approvals and applications under section 22CA. (2) Regulations made under this section may— (c) confer powers or discretions or impose duties on any person or other entity or on a specified person or other entity or class of persons or other entities; (d) provide in a specified case or class of cases for the exemption of persons, other entities or things or a class of persons, other entities or things from any of the provisions of the regulations— (ii) either wholly or to the extent specified in the regulations. Pt 2 Div. 5 (Heading and s. 20) amended by Nos 10262 s. 4, 42/1993 s. 42(1)(2), repealed by No. 12/1994 s. 9, new Pt 2 Div. 5 (Heading and ss 22D–22H) inserted by No. 17/2008 s. 5. Division 5—Public health emergencies S. 22D inserted by No. 17/2008 s. 5.