A Bill for an Act to amend the law relating to medicinal cannabis, and for related purposes
The Parliament of Australia enacts:
1 Short title
This Act is the Medicinal Cannabis Legislation Amendment (Securing Patient Access) Act 2017.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
| Commencement information |
| Column 1 | Column 2 | Column 3 |
| Provisions | Commencement | Date/Details |
| 1. The whole of this Act | The day after this Act receives the Royal Assent. | |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Schedules
Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendments
Customs Act 1901
1 After section 51A
Insert:
51B Conditions on the importation of medicinal cannabis
(1) This section applies in relation to the importation of prohibited goods intended to be used as medicinal cannabis products.
(2) For the purposes of satisfying the conditions of a licence, permission, consent or approval to import the goods:
(a) the goods are taken to be drugs required for medical purposes; and
(b) if a condition permits the supply of the goods to a person for a purpose mentioned in paragraph 19(1)(a) or (b), or subsection 19(5), of the Therapeutic Good Act 1989, that condition is taken to also permit the supply of the goods to a person in the circumstances mentioned in subregulation 12A(2) of the Therapeutic Goods Regulations 1990.
Note 1: Paragraphs 19(1)(a) and (b), and subsection 19(5), of the Therapeutic Goods Act 1989 permit supply of imported medicinal cannabis under the Special Access Scheme Category—B, clinic trials scheme and authorised prescribers scheme.
Note 2: Subregulation 12A(2) of the Therapeutic Goods Regulations 1990 permits the supply of imported medicinal cannabis, as exempted goods, under the Special Access Scheme Category—A.
2 Application provision
The amendment made by this Schedule applies in relation to the following:
(a) a prohibited good imported on or after the commencement of this Schedule;
(b) a condition of a licence, permission, consent or approval imposed before, on or after the commencement of this Schedule.
Narcotic Drugs Act 1967
3 After subparagraph 11K(2)(b)(ii)
Insert:
(iia) supplied for the purposes of use in the circumstances mentioned in subsection (2A) if the supply for that purpose is, or is likely to be, notified to the Secretary under the Therapeutic Goods Act 1989; or
4 After subsection 11K(2)
Insert:
(2A) For the purposes of subparagraph (2)(b)(iia), the circumstances are the following:
(a) the medicinal cannabis is to be given to a person who is seriously ill with a condition from which death is reasonably likely to occur within a matter of months, or from which premature death is reasonably likely to occur in the absence of early treatment;
(b) the medical practitioner by whom, or at whose direction, the medicinal cannabis is to be given to the person has complied, or is likely to comply, with the requirements under the Therapeutic Goods Act 1989, and regulations made under that Act, in relation to the supply of the medicinal cannabis to the person.