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]