126Authority to permit use of premises—owners and occupiers

126 Authority to permit use of premises—owners and occupiers

(1) For the purposes of section 72D(1) of the Act, an owner or occupier of land or premises is authorised to permit a person to use that land or premises to carry out an activity that falls within the definition of traffick in section 70 of the Act in relation to a drug of dependence if—

(a) the drug of dependence is a poison or controlled substance; and

(b) the person is—

(i) a registered medical practitioner, pharmacist, veterinary practitioner, dentist, nurse practitioner, authorised midwife, authorised optometrist or authorised podiatrist carrying on the lawful practice of that person's profession; or

(ii) the holder of a licence, permit, warrant or other authority under the Act or these Regulations to manufacture, sell or supply that poison or controlled substance; and

(c) the activity is—

(i) carried out to the extent and for the purposes authorised by or licensed or permitted under the Act or these Regulations; and

(ii) in the case of paragraph (b)(ii), in accordance with that licence, permit, warrant or other authority.

Reg. 126(2) revoked by S.R. No. 13/2022 reg. 7.

(3) For the purposes of section 72D(2) of the Act, an owner or occupier of land or premises is authorised to permit a person to use that land or premises to cultivate a drug of dependence if—

(a) the drug of dependence is a poison or controlled substance; and

(b) the person holds a licence, permit, warrant or other authority under the Act or these Regulations to cultivate that drug of dependence; and

(c) that cultivation is—

(i) carried out to the extent and for the purposes authorised by or licensed or permitted under the Act or these Regulations; and

(ii) in accordance with that licence, permit, warrant or other authority.

Reg. 126(4) revoked by S.R. No. 13/2022 reg. 7.