ACT
(Act 26 of 2023)
Act 26 of 2023 .. in force 11 December 2023
ARRANGEMENT OF SECTIONS
PRELIMINARY
1. | Short title |
2. | Interpretation |
3. | Act binds the Crown |
PART 1
REGULATED SUBSTANCES AUTHORITY
Division 1
Regulated Substances
4. | Declaration of regulated substances |
Division 2
Regulated Substances Authority
5. | Establishment of the Regulated Substances Authority |
6. | Functions of the Authority |
7. | Powers of the Authority |
8. | Delegation of functions and powers |
9. | Chief Executive Officer |
10. | Functions of the Chief Executive Officer |
11. | Inspectors of the Authority |
12. | Identification card of an inspector |
13. | Powers of an inspector |
14. | Employees of the Authority |
15. | Transfer of a public officer to the Authority |
16. | Head office or principal place of business |
17. | Seal of the Authority |
18. | Service of documents |
19. | Tax exemptions |
20. | Directions to the Authority |
21. | Finance management of the Authority |
Division 3
Board of the Authority
22. | Appointment of the members of the Board of the Authority |
23. | Chairperson of the Board |
24. | Deputy Chairperson of the Board |
25. | Tenure of a member of the Board |
26. | Leave of absence of a member of the Board |
27. | Disqualification of a member of the Board |
28. | Resignation of a member of the Board |
29. | Revocation of the appointment of a member of the Board |
30. | Vacancy on the Board |
31. | Appointment of temporary members on the Board |
32. | Meetings of the Board |
33. | Disclosure of interest to and abstention from voting on the Board |
34. | Decisions of the Board |
35. | Secretary to the Board |
36. | Protection of members of the Board and the Secretary |
37. | Remuneration of a member of the Board |
38. | Board to regulate its meetings |
39. | Reports to the Minister |
40. | Publication of names of members of the Board |
PART 2
LICENCE FOR REGULATED SUBSTANCES
41. | Requirement for a licence |
42. | Exemption from licence requirements |
43. | Application for a licence |
44. | Application for a licence |
45. | Approval of an application for a licence |
46. | Refusal of an application for a licence |
47. | Type and class of a licence |
48. | Issue of a licence |
49. | Conditions of a licence |
50. | Validity of a licence |
51. | Non-transfer of a licence |
52. | Application for amendment of a licence |
53. | Approval of an application for amendment of a licence |
54. | Refusal of an application for amendment of a licence |
55. | Application for renewal of a licence |
56. | Extension of time for making an application for renewal of a licence |
57. | Approval of an application for renewal of a licence |
58. | Refusal of an application for renewal of a licence |
59. | Suspension of a licence |
60. | Revocation of a licence |
61. | Surrender of a licence |
62. | Reinstatement of a licence |
63. | Publication of a list of licenses |
PART 3
REGULATED SUBSTANCES TRIBUNAL
64. | Establishment of the Regulated Substances Tribunal |
65. | Appointment of the Tribunal |
66. | Functions of the Tribunal |
67. | Powers of the Tribunal |
68. | Resignation of a member of the Tribunal |
69. | Revocation of the appointment of a member of the Tribunal |
70. | Appointment of temporary members of the Tribunal |
71. | Publication of the names of the members of the Tribunal |
72. | Recording Secretary |
73. | Remuneration of a member of the Tribunal |
74. | Hearings of the Tribunal |
75. | Orders of the Tribunal |
PART 4
REGULATED SUBSTANCES FUND
76. | Establishment of the Regulated Substances Fund |
77. | Functions of the Fund |
78. | Monies of the Fund |
79. | Regulated Substances Fund Board |
80. | Meetings of the Board |
81. | Disclosure of interest by a member of the Board |
82. | Board to regulate its meetings |
83. | Payment and accounting procedures of the Fund |
PART 5
ENFORCEMENT
Division 1
Inspection
84. | Inspection of proposed premises and licensed premises |
85. | Application for a warrant |
86. | Inspection with a warrant |
87. | Inspection report |
Division 2
Seizure and Forfeiture of Regulated Substances Liable to Forfeiture
88. | Powers to search premises to seize a regulated substance liable to forfeiture |
89. | Forfeiture order on judgment or conviction |
PART 6
MISCELLANEOUS
90. | Oath or affirmation of secrecy |
91. | General penalty |
92. | Guidelines |
93. | Regulations |
Schedule | |
AN ACT to establish the Regulated Substances Authority, Regulated Substances Tribunal, Regulated Substances Fund, to provide for the licensing of regulated substances and for related matters.
Commencement [11 December 2023]