Narcotic Drugs Act 1967 (Cth)

Narcotic Drugs Act 1967

No. 53, 1967

Compilation No. 16

Compilation date: 14 October 2024

Includes amendments: Act No. 39, 2024

About this compilation

This compilation

This is a compilation of the Narcotic Drugs Act 1967 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents Chapter 1—Preliminary Part 1—General provisions 1 Short title 2 Commencement 2A Object of this Act 3 Simplified outline of this Act 4 Interpretation 5 Crown to be bound 6 Extension to external Territories 7 Inconsistency with State and Territory laws 7A Interaction with State and Territory laws 8 Provisional application of Act to substances Part 2—Fit and proper person requirements 8A Matters to be taken into account in deciding whether a natural person is a fit and proper person 8B Matters to be taken into account in deciding whether a body corporate is a fit and proper person 8C Act does not affect spent conviction provisions Chapter 2—Medicinal cannabis licences and permits Part 1—Introduction 8D Simplified outline of this Chapter 8DA Purpose of this Chapter Part 2—Licences and permits Division 1—Medicinal cannabis licences and permits 8E Person may apply for a medicinal cannabis licence 8F Secretary must make a decision on an application for a medicinal cannabis licence 8G General circumstances in which Secretary must refuse to grant a medicinal cannabis licence 8H Exception in special circumstances 8J Particular circumstances in which Secretary must refuse to grant a medicinal cannabis licence that authorises the manufacture of a cannabis drug 8K Secretary may impose conditions 8L Notification of decision 8M Matters to be specified in a medicinal cannabis licence 8N Period for which a medicinal cannabis licence is in force 8P Holder of a medicinal cannabis licence may apply for a medicinal cannabis permit 9 Secretary must make a decision on an application for a medicinal cannabis permit 9A Notification of decision 9B Matters to be specified in a medicinal cannabis permit 9C Period for which a medicinal cannabis permit is in force Division 3—Conditions of medicinal cannabis licences 10C Medicinal cannabis licence is subject to conditions 10D Conditions that may be prescribed or imposed 10E Condition that medicinal cannabis licence holder inform people of obligations 10F Condition that medicinal cannabis licence holder employ or engage suitable staff 10G Condition that activities authorised by medicinal cannabis licence are undertaken in accordance with medicinal cannabis permit 10H Condition about monitoring and inspection 10J Condition that medicinal cannabis licence holder be a party to certain contracts 10JA Condition for medicinal cannabis licence authorising the manufacture of cannabis drugs 10K Condition that licence holder notify the Secretary of certain matters 10L Sections 10E to 10K do not limit conditions that may be imposed or prescribed Division 4—Variation and revocation of medicinal cannabis licences and medicinal cannabis permits 10M Variation of medicinal cannabis licences and medicinal cannabis permits 10N Applications for variation of medicinal cannabis licences and medicinal cannabis permits 10P Revocation of medicinal cannabis licence and medicinal cannabis permit 11 Secretary to notify of proposed revocation 11A Suspension or surrender of medicinal cannabis licences and medicinal cannabis permits Part 3—Offences and civil penalties relating to cannabis plants and cannabis drugs 11B Unauthorised cultivation of cannabis plants etc. 11C Breach of condition of a medicinal cannabis licence—cultivation 11D Unauthorised production of cannabis or cannabis resin 11E Breach of condition of a medicinal cannabis licence—production 11EA Unauthorised manufacture of cannabis drugs 11EB Breach of condition of a medicinal cannabis licence—manufacture Chapter 3—Licensing the manufacturing of narcotic drugs Part 1—Introduction 11F Simplified outline of this Chapter Part 2—Licences and permits Division 1—Manufacture licences and permits 11G Person may apply for a manufacture licence 11H Secretary must make a decision on an application for a manufacture licence 11J General circumstances in which Secretary must refuse to grant a manufacture licence 11L Secretary may impose conditions 11M Notification of decision 11N Matters to be specified in a manufacture licence 11P Period for which a manufacture licence is in force 12 Holder of a manufacture licence may apply for a manufacture permit 12A Secretary must make a decision on an application for a manufacture permit 12B Notification of decision 12C Matters to be specified in a manufacture permit 12D Period for which a manufacture permit is in force Division 2—Conditions of manufacture licences 12E Manufacture licence is subject to conditions 12F Conditions that may be prescribed or imposed 12G Condition that manufacture licence holder inform people of obligations 12H Condition that manufacture licence holder employ or engage suitable staff 12J Condition that manufacture of narcotic drugs is in accordance with a manufacture permit 12K Condition about monitoring and inspection 12N Condition that licence holder notify the Secretary of certain matters 12P Sections 12G to 12N do not limit conditions that may be imposed or prescribed Division 3—Variation and revocation of manufacture licences and manufacture permits 13 Variation of manufacture licences and manufacture permits 13A Applications for variation of manufacture licences and permits 13B Revocation of manufacture licence and manufacture permit 13C Secretary to notify of proposed revocation 13D Suspension or surrender of manufacture licences and manufacture permits Part 3—Offences and civil penalties relating to manufacture of narcotic drugs 13E Unauthorised manufacture of narcotic drugs 13F Breach of condition of a manufacture licence Chapter 4—Monitoring and enforcement Part 1—Introduction 13G Simplified outline of this Chapter Part 2—Appointment of authorised inspectors 13H Appointment of authorised inspectors Part 3—Monitoring, inspection, investigation etc. under the Regulatory Powers Act 13J Powers of issuing officers 13K Monitoring powers under Part 2 of the Regulatory Powers Act 13L Modifications of Part 2 of the Regulatory Powers Act 13M Investigation powers under Part 3 of the Regulatory Powers Act 13N Civil penalties under Part 4 of the Regulatory Powers Act 13P Provisions subject to an infringement notice 14 Enforceable undertakings 14A Injunctions 14B Extension to external Territories Part 4—Monitoring and searching licensed premises 14C Monitoring licensed premises 14D Announcement before entry 14E Occupier is entitled to observe exercise of powers 14F Occupier to provide officers etc. with facilities and assistance 14G Obstruction or hindrance of authorised inspectors Chapter 5—General Part 1—Introduction 14H Simplified outline of this Chapter Part 2—Obtaining and disclosing information and documents Division 1—Obtaining information and documents for purposes relating to licences 14J Secretary may require further information or documents 14K Secretary may request information or documents from any source 14L Secretary may require information or documents from other sources 14LA Identification of sensitive law enforcement information 14M Failure to give information or documents within specified period Division 2—Disclosure of certain information 14MA Secrecy—unauthorised disclosures of sensitive law enforcement information 14N Authorised disclosures of information Part 3—Directions powers 14P Directions with respect to security of premises and handling of things 15 Directions with respect to destruction, etc. 15A Directions with respect to manufacturing and labelling of drugs 15B General matters about directions 15C Failure to comply with a direction 15D Supply of a drug or narcotic preparation not labelled in accordance with a direction Part 4—Review of decisions 15E Reviewable decisions 15F Notice of reviewable decisions 15G Internal review of reviewable decisions—application for review 15H Internal review of reviewable decisions—review of decision 15J Internal review of reviewable decisions—notice of decision 15K Minister or internal reviewer may require further information 15L Review of decisions under this Division by Administrative Review Tribunal 15M Application by Secretary to Administrative Review Tribunal 15N Failure to include information identified as sensitive law enforcement information in certain statements Part 5—Other matters 21 Forfeiture 21A Operation of natural justice hearing rule 22 Drugs passing through Australia 23 Requirement to keep records and furnish reports 24 Inspection of certain premises 24A Physical elements of offences 24B Privilege against self‑incrimination 24C Licences not transferable 25 Delegation 25B Secretary to notify States and Territories of certain matters 26 Service of notices 26B Minister may issue standards 26C Minister may issue guidelines 27 Regulations 28 General provisions relating to regulations Schedule 1—Single Convention on Narcotic Drugs, 1961, as amended by the 1972 Protocol Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history