62Application provisions relating to the Narcotic Drugs Amendment (Medicinal Cannabis) Regulations 2021

62 Application provisions relating to the Narcotic Drugs Amendment (Medicinal Cannabis) Regulations 2021

(1) Sections 17, 17A, 17B, 17C, 17D, 17E and 17F, as inserted by Schedule 1 to the Narcotic Drugs Amendment (Medicinal Cannabis) Regulations 2021, apply in relation to a medicinal cannabis licence held at the commencement of this section or granted on or after the commencement of this section. (2) The amendments of sections 20 and 40 made by Schedule 1 to the Narcotic Drugs Amendment (Medicinal Cannabis) Regulations 2021 apply in relation to a matter that comes to the attention of a licence holder on or after the commencement of this section, whether in relation to a licence held at the commencement of this section or granted on or after the commencement of this section. (3) If: (a) before the commencement of this section the Secretary had, under subsection 26(1) or 45(1), given to the holder of a licence notice in writing of the suspension of the licence or a permit that relates to the licence (the suspension notice); and (b) immediately before the commencement of this section, either of the following apply: (i) the suspension had not come into effect because the day specified in the notice of suspension had not occurred; (ii) the period of the suspension had started but not ended; and (c) the licence or permit is preserved or converted under item 2 or 3 of Schedule 2 to the Narcotic Drugs Amendment (Medicinal Cannabis) Act 2021; then, after the commencement of this section: (d) the preserved or converted licence or permit is taken to be suspended under Subdivision B of Division 4 of Part 2 of this instrument as amended by Schedule 1 to the Narcotic Drugs Amendment (Medicinal Cannabis) Regulations 2021; and (e) the suspension may be dealt with under that Subdivision as so amended; and (f) if the suspension is still to come into effect because the day specified in the notice of suspension has not occurred—the suspension takes effect in accordance with the suspension notice; and (g) if the suspension notice permits specified activities to occur during the period of the suspension—the permitted activities can occur during the period of the suspension in accordance with the conditions specified in the suspension notice. (4) If: (a) a decision was made under this instrument before the commencement of this section; and (b) the decision is a decision of the kind referred to in paragraph 52(b), (c), (h), (i) or (j) as in force immediately before the commencement of this section; and (c) immediately before the commencement of this section, the period referred to in paragraph 15G(2)(c) of the Act during which a person may apply for review of the decision has not ended; despite the amendments of section 52 made by Schedule 1 to the Narcotic Drugs Amendment (Medicinal Cannabis) Regulations 2021, Part 4 of Chapter 5 of the Act continues to have effect in relation to the decision as if the amendments had not been made. (5) If: (a) a decision (the review decision) was made under section 15H of the Act before the commencement of this section; and (b) the review decision relates to a decision of the kind referred to in paragraph (4)(b) of this section; and (c) immediately before the commencement of this section, both of the following apply: (i) an application for review of the review decision by the Administrative Appeals Tribunal had not been made; (ii) the time for a person to make such an application has not ended (including any extensions of that time under section 29 of the Administrative Appeals Tribunal Act 1975); despite the amendments of section 52 made by Schedule 1 to the Narcotic Drugs Amendment (Medicinal Cannabis) Regulations 2021, sections 15L, 15M and 15N of the Act continue, after the commencement of this section, to have effect in relation to the review decision as if the amendments had not been made. (6) The amendments of section 56, made by Schedule 1 to the Narcotic Drugs Amendment (Medicinal Cannabis) Regulations 2021, apply in relation to: (a) in the case of paragraphs 56(a) and (e)—applications made on or after the commencement of this section; and (b) in the case of paragraphs 56(c), (d), (f) and (g)—licences granted on or after the commencement of this section. (7) Clause 1 of Schedule 1, as amended by Schedule 1 to the Narcotic Drugs Amendment (Medicinal Cannabis) Regulations 2021, applies in relation to applications made on or after the commencement of this section.