55PReview of this Part and licensing of medically supervised injecting centre for trial period

55P Review of this Part and licensing of medically supervised injecting centre for trial period (1) The Minister must arrange for a review to be conducted of— (a) the operation and use of the licensed medically supervised injecting centre; and (b) the extent to which the object of this Part has been advanced during the period of the medically supervised injecting centre licence; and (c) how this Part and any regulations made for the purposes of this Part have operated and whether they require amendment. (2) The review— (a) must be commenced no later than 12 months after the day on which the medically supervised injecting centre licence commences; and (b) may be completed before or after the licence ceases to have effect. (3) The Minister is authorised to access, collect, use and disclose any data or information required to complete the review subject to— (a) in the case of health information within the meaning of the **Health Records Act 2001**, the access, collection, use and disclosure being in accordance with that Act and the Health Privacy Principles; and (b) in the case of personal information within the meaning of the **Privacy and Data Protection Act 2014**, the access, collection, use and disclosure being in accordance with that Act and the Information Privacy Principles. (4) The Minister must cause a copy of the review to be tabled before each House of the Parliament as soon as practicable after the review is completed. S. 55PA inserted by No. 7/2023 s. 29. 55PA Second review of this Part and licensing of medically supervised injecting centre (1) The Minister must arrange for a review to be conducted of— (a) the operation and use of the licensed medically supervised injecting centre; and (b) the extent to which the object of this Part has been advanced during a period specified by the Minister; and (c) how this Part and any regulations made for the purposes of this Part have operated and whether they require amendment. (2) The review— (a) must be commenced no later than 30 June 2028; and (b) may be completed before or after a medically supervised injecting centre licence that is in force at the time that the review is commenced ceases to have effect. (3) The Minister is authorised to access, collect, use and disclose any data or information required to complete the review subject to— (a) in the case of health information within the meaning of the **Health Records Act 2001**, the access, collection, use and disclosure being in accordance with that Act and the Health Privacy Principles; and (b) in the case of personal information within the meaning of the **Privacy and Data Protection Act 2014**, the access, collection, use and disclosure being in accordance with that Act and the Information Privacy Principles. (4) The Minister must cause a copy of the review to be tabled before each House of the Parliament as soon as practicable after the review is completed. S. 55Q inserted by No. 66/2017 s. 7. 55Q Regulations for this Part (1) The Governor in Council may make regulations for or with respect to— (a) prescribing standards for the operation of the licensed medically supervised injecting centre; (b) prescribing the content and use of internal management protocols; (c) prescribing a drug of dependence, or a class of drug of dependence, as an injecting centre drug; (d) prescribing permitted quantities of injecting centre drugs; (e) prescribing matters relating to the use, supply, possession or administration of injecting centre drugs and permitted quantities of injecting centre drugs; (f) qualifications or experience of persons engaged in the operation of the licensed medically supervised injecting centre, including, but not limited to, staff of the centre; (g) functions of persons engaged in the operation of the licensed medically supervised injecting centre, including, but not limited to, staff of the centre; (h) prescribing any other matter or thing required to be prescribed by this Part or necessary to be prescribed to give effect to this Part. (2) Regulations made under this section— (a) may be of general or limited application; and (b) may differ according to differences in time, place or circumstance; and (c) may 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; and (d) may 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. S. 55R inserted by No. 66/2017 s. 7, repealed by No. 7/2023 s. 8. Part III—Manufacture of heroin 56 Manufacture of heroin etc. S. 56(1) amended by Nos 10262 s. 4, 46/1998 s. 7(Sch. 1). (1) On the recommendation of the Minister, made after consulting with the Secretary, the Governor in Council may licence a fit and proper person to manufacture and sell or supply heroin by wholesale. (2) Where a licence is in force under subsection (1), no other licence shall be in force under that subsection for any period during which the first-mentioned licence is in force. S. 56(3) amended by Nos 10262 s. 4, 46/1998 s. 7(Sch. 1). (3) On the recommendation of the Minister, made after consulting with the Secretary, the Governor in Council may licence a fit and proper person to formulate heroin. (4) For the purposes of this section, a person formulates heroin if he prepares or does any act for the purpose of or in the course of preparing heroin in a form suitable for human therapeutic use. (5) Where a licence is in force under subsection (3) no other licence under that subsection shall be in force for any period during which the first-mentioned licence is in force. S. 56(6) amended by Nos 10262 s. 4, 46/1998 s. 7(Sch. 1). (6) The Governor in Council may on the recommendation of the Minister, made after consulting with the Secretary, grant or refuse to grant a licence under subsection (1) or subsection (3). (7) A licence under subsection (1) or subsection (3)— (a) shall remain in force for such period as is specified in the licence; (b) shall be subject to such conditions, limitations and restrictions (if any) as the Governor in Council on the recommendation of the Minister determines and specifies in the licence; (c) shall specify— (i) the premises at which heroin may be manufactured or formulated by the licensee; (ii) the quantity or quantities of heroin which may be manufactured or formulated by the licensee; and (iii) the premises at which the licensee may store or keep heroin or any ingredient used in the manufacture of heroin for the purposes of manufacture or sale or supply by wholesale or for formulation under the licence; and (d) may at any time be revoked or suspended by the Governor in Council on the recommendation of the Minister. (8) A licence under subsection (1) or subsection (3) shall authorize the manufacture and sale or supply of heroin by wholesale or the formulation of heroin (as the case may be) only at the premises and in the quantities specified in the licence, and authorize the storage or keeping of heroin or any ingredient used in the manufacture of heroin for the purposes of manufacture and sale or supply by wholesale or formulation only at the premises specified in the licence. S. 56(9) amended by Nos 10262 s. 4, 23/1994 s. 118(Sch. 1 item 17.12), 46/1998 s. 7(Sch. 1). (9) The Secretary may by instrument permit a registered medical practitioner or pharmacist to purchase or otherwise obtain from a person in respect of whom a licence is in force under subsection (1) or subsection (3) such quantities of heroin as are specified in the permit and to use the heroin so obtained for such medicinal purposes as are specified in the permit. S. 56(10) amended by Nos 10262 s. 4, 46/1998 s. 7(Sch. 1). (10) The Secretary may by instrument permit a fit and proper person to purchase or otherwise obtain from a person in respect of whom a licence is in force under subsection (1) or subsection (3) such quantity or quantities of heroin as are specified in the permit and to use the heroin so obtained for such educational experimental or research purposes and at such university or other institution as are specified in the permit. S. 56(11) amended by Nos 10262 s. 4, 46/1998 s. 7(Sch. 1), 12/1999 s. 4(Sch. 2 item 4.1). (11) On application in that behalf the Secretary may in the Secretary's discretion grant or refuse to grant a permit under subsection (9) or subsection (10). (12) A permit under subsection (9) or subsection (10)— (a) shall remain in force for such period as is specified in the permit; S. 56(12)(b) amended by Nos 10262 s. 4, 46/1998 s. 7(Sch. 1). (b) shall be subject to such conditions, limitations and restrictions (if any) as the Secretary determines and specifies in the permit; and (c) shall specify the quantity or quantities of heroin that may be obtained under the permit and the purposes for which the heroin so obtained may be used by the person to whom the permit is granted. S. 56(13) amended by No. 12/1994 s. 17(1). (13) The provisions of sections 22A, 22C, 37(1) and 37(2) shall not apply to any licence granted under this section. S. 56(14) amended by No. 10002 s. 14(e). (14) A person who— (a) being the holder of an appropriate licence under subsection (1) or subsection (3)—sells or supplies heroin to a person other than a person permitted under this section to purchase or obtain heroin or otherwise than in accordance with any permit granted under this section; (b) being the holder of an appropriate licence under subsection (1) or subsection (3)—manufactures or formulates heroin otherwise than in accordance with the licence; or (c) being the holder of a permit under this section—uses, supplies or administers heroin otherwise than in accordance with the permit— shall be guilty of an indictable offence and liable to imprisonment for a term of not more than five years or to a penalty of not more than 250 penalty units or to both such penalty and imprisonment. Pt 3A (Heading and ss 56A–56F) inserted by No. 40/2017 s. 8. Part IIIA—Psychoactive substances S. 56A inserted by No. 40/2017 s. 8.