Narcotic Drugs (Licence Charges) Regulation 2016

made under the

Narcotic Drugs (Licence Charges) Act 2016

Compilation No. 5

Compilation date: 24 December 2021

Includes amendments up to: F2021L01752

Registered: 15 January 2022

About this compilation

This compilation

This is a compilation of the Narcotic Drugs (Licence Charges) Regulation 2016 that shows the text of the law as amended and in force on 24 December 2021 (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 Legislation 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 series page on the Legislation 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 series page on the Legislation 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

Part 1—Preliminary

1 Name

3 Authority

4 Definitions

Part 2—Matters relating to imposition of charge and amount of charge

5 Periods for imposition of charge on licences

6 Amount of charge for licences

Part 3—Application, saving and transitional provisions

7 Application provision relating to the Narcotic Drugs (Licence Charges) Amendment (Cannabis) Regulations 2018

8 Application provision relating to the Narcotic Drugs (Licence Charges) Amendment (2020 Measures No. 1) Regulations 2020

9 Application provision relating to the Narcotic Drugs (Licence Charges) Amendment (Cannabis‑Related Manufacture Licences) Regulations 2020

10 Application provisions relating to the Narcotic Drugs (Licence Charges) Amendment (Charge Amounts and Other Measures) Regulations 2021

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Part 1—Preliminary

1  Name

  This is the Narcotic Drugs (Licence Charges) Regulation 2016.

3  Authority

  This instrument is made under the Narcotic Drugs (Licence Charges) Act 2016.

4  Definitions

 (1) In this instrument:

Act means the Narcotic Drugs (Licence Charges) Act 2016.

commercial medicinal cannabis licence has the same meaning as in the Narcotic Drugs Regulation 2016.

licence year has the meaning given by subsection 5(2).

non‑commercial medicinal cannabis licence has the same meaning as in the Narcotic Drugs Regulation 2016.

Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.

Note: Subsection (2) deals with references to provisions of the Regulatory Powers Act.

 (2) In this instrument, a reference to a provision of the Regulatory Powers Act is a reference to that provision as it applies because of Chapter 4 of the Narcotic Drugs Act 1967.

Part 2—Matters relating to imposition of charge and amount of charge

5  Periods for imposition of charge on licences

 (1) This section prescribes periods for the purposes of paragraph 6(1)(b) of the Act (which imposes charge on licences in force at a time in a prescribed period) for licences of the following classes:

 (a) commercial medicinal cannabis licence;

 (b) non‑commercial medicinal cannabis licence.

 (2) The period (the licence year) for a licence is:

 (a) if the licence was preserved by item 2 of Schedule 2 to the Narcotic Drugs Amendment (Medicinal Cannabis) Act 2021—12 months starting on:

  (i) the day the licence came into force; or

 (ii) a later anniversary of the day mentioned in subparagraph (i) of this paragraph; or

 (b) if the licence was converted from multiple licences (the original licences) into a single licence by item 3 of Schedule 2 to the Narcotic Drugs Amendment (Medicinal Cannabis) Act 2021:

 (i) 12 months ending immediately before the earliest anniversary day for one of the original licences to occur after the commencement of the Narcotic Drugs (Licence Charges) Amendment (Medicinal Cannabis Licences) Regulations 2021; or

 (ii) 12 months starting on a later anniversary of the day mentioned in subparagraph (i) of this paragraph; or

 (c) otherwise—12 months starting on:

 (i) the day the licence comes into force; or

 (ii) a later anniversary of the day mentioned in subparagraph (i).

 (3) For the purposes of subparagraph (2)(b)(i), the anniversary day for an original licence means the day immediately after the last day of a licence year for that licence, had:

 (a) the licence year been determined under subsection 5(2) of this instrument as in force before the commencement of the Narcotic Drugs (Licence Charges) Amendment (Medicinal Cannabis Licences) Regulations 2021; and

 (b) the licence not been converted under item 3 of Schedule 2 to the Narcotic Drugs Amendment (Medicinal Cannabis) Act 2021.

6  Amount of charge for licences

 (1) For the purposes of subsection 8(1) of the Act, this section prescribes amounts of charge on licences of the following classes:

 (a) commercial medicinal cannabis licence;

 (b) non‑commercial medicinal cannabis licence.

General provisions

 (2) The amount of charge on a licence for a licence year is (subject to subsections (5), (6) and (7)) the total of:

 (a) $12,010; and

 (b) if one or more permits granted to the holder of the licence and relating to an activity that is authorised by the licence are in force at any time during the licence year, either:

 (i) if any of the permits was in force at the start of the licence year—$19,230; or

 (ii) if all of the permits come into force after the start of the licence year—the amount worked out by multiplying $19,230 by the factor worked out under subsection (3); and

 (c) if an activity covered by subsection (4) is carried out during the period in relation to the licence:

 (i) $108 for each person carrying out the activity for each hour, or part of an hour, the person spends carrying out the activity; and

 (ii) the costs and reasonable expenses of travel to carry out the activity for each person carrying out the activity.

 (3) For the purposes of subparagraph (2)(b)(ii), the factor is the amount worked out using the formula:

 (4) For the purposes of paragraph (2)(c), this subsection covers each of the following activities:

 (a) monitoring, or obtaining information or documents for monitoring, whether an activity authorised by a licence is being, or has been, carried out as authorised (whether or not the monitoring, or obtaining of information or documents, involves the exercise of powers under Part 2 of the Regulatory Powers Act);

 (b) investigating a suspected or actual contravention of the Narcotic Drugs Act 1967, or regulations made under that Act, relating to a licence (whether or not the investigating involves the exercise of powers under Part 3 of the Regulatory Powers Act);

 (c) testing, or certifying the results of testing, of a sample taken:

 (i) in accordance with a condition of a licence; or

 (ii) in the exercise of power under Part 2 or 3 of the Regulatory Powers Act in relation to a licence; or

 (iii) in the exercise of power under section 24 of the Narcotic Drugs Act 1967 in relation to a licence;

 (d) preparing to take action under Part 5 or 6 of the Regulatory Powers Act in relation to the holder of a licence.

Note: Whether an activity authorised by a licence is carried out as authorised may depend on the terms of a permit relating to the activity.

Limit on charge on non‑commercial medicinal cannabis licences

 (5) Paragraph (2)(a) applies to charge on a non‑commercial medicinal cannabis licence only for the licence year starting on the day the licence comes into force.

 (6) Paragraph (2)(b) applies to charge on a non‑commercial medicinal cannabis licence only for the first licence year during which one or more permits granted to the holder of the licence and relating to an activity that is authorised by the licence are in force.

Limit on charge on commercial medicinal cannabis licences that were converted from multiple licences

 (7) If:

 (a) a commercial medicinal cannabis licence was converted from multiple licences (the original licences) into a single licence by item 3 of Schedule 2 to the Narcotic Drugs Amendment (Medicinal Cannabis) Act 2021; and

 (b) an amount of charge mentioned in paragraph (2)(b) of this section applied and was payable by the licence holder in relation to one or more of the original licences during the period beginning on 1 July 2021 and ending on the day before this subsection commenced; and

 (c) the anniversary day referred to in subparagraph 5(2)(b)(i) that applies in relation to the licence occurs before 1 July 2022;

then, after the commencement of this subsection, paragraph (2)(b) of this section applies to charge on the commercial medicinal cannabis licence for each licence year that starts on or after 1 July 2022.

Part 3—Application, saving and transitional provisions

7  Application provision relating to the Narcotic Drugs (Licence Charges) Amendment (Cannabis) Regulations 2018

  The amendment of section 6 made by the Narcotic Drugs (Licence Charges) Amendment (Cannabis) Regulations 2018 applies in relation to licences granted under the Narcotic Drugs Act 1967 on or after the commencement of this section.

8  Application provision relating to the Narcotic Drugs (Licence Charges) Amendment (2020 Measures No. 1) Regulations 2020

 (1) This section provides for the application of provisions of this instrument as amended by the Narcotic Drugs (Licence Charges) Amendment (2020 Measures No. 1) Regulations 2020.

Note: The Narcotic Drugs (Licence Charges) Amendment (2020 Measures No. 1) Regulations 2020 commenced on 15 July 2020.

 (2) Subsection 5(2) applies in relation to a licence that came or comes into force before, on or after 15 July 2020.

 (3) Paragraphs 6(2)(a) and (b) apply to charge for licence years that start on or after 15 July 2020.

 (4) Paragraph 6(2)(c) applies to charge for licence years that end on or after 15 July 2020 but does not apply to the carrying out of an activity before 15 July 2020.

 (5) This section does not affect the operation of section 7 of the Acts Interpretation Act 1901 in relation to liability for charge that was incurred before the commencement of the Narcotic Drugs (Licence Charges) Amendment (2020 Measures No. 1) Regulations 2020.

Note: Section 7 of the Acts Interpretation Act 1901 preserves the liability despite the amendments made by the Narcotic Drugs (Licence Charges) Amendment (2020 Measures No. 1) Regulations 2020. That section applies in relation to regulations because of section 13 of the Legislation Act 2003.

9  Application provision relating to the Narcotic Drugs (Licence Charges) Amendment (Cannabis‑Related Manufacture Licences) Regulations 2020

 (1) This section provides for the application of this instrument as amended by the Narcotic Drugs (Licence Charges) Amendment (Cannabis‑Related Manufacture Licences) Regulations 2020.

Note: The Narcotic Drugs (Licence Charges) Amendment (Cannabis‑Related Manufacture Licences) Regulations 2020 commenced on 1 November 2020.

 (2) Subsection 5(2) applies in relation to a cannabis‑related manufacture licence that came or comes into force before, on or after 1 November 2020.

 (3) Paragraph 6(2)(a) applies to charge on a cannabis‑related manufacture licence for licence years that start on or after 1 November 2020.

 (4) Paragraph 6(2)(a) also applies to charge on a cannabis‑related manufacture licence for a licence year that starts before 1 November 2020 and ends on or after 1 November 2020 as if the reference in that paragraph to $11,570 were a reference to the amount worked out using the formula:

 (5) Paragraph 6(2)(b) applies to charge on a cannabis‑related manufacture licence for licence years that start on or after 1 November 2020.

 (6) Paragraph 6(2)(b) also applies to charge on a cannabis‑related manufacture licence for a licence year that starts before 1 November 2020 and ends on or after 1 November 2020 as if the amount worked out under that paragraph were instead the amount worked out under whichever of the following paragraphs applies:

 (a) if any of the permits was in force on 1 November 2020—the amount worked out using the formula:

 (b) if all of the permits come into force after 1 November 2020—the amount worked out using the formula:

 (7) Paragraph 6(2)(c) applies to charge on a cannabis‑related manufacture licence for licence years that end on or after 1 November 2020 but does not apply to the carrying out of an activity in relation to the licence before 1 November 2020.

10  Application provisions relating to the Narcotic Drugs (Licence Charges) Amendment (Charge Amounts and Other Measures) Regulations 2021

 (1) The amendments of paragraphs 6(2)(a) and (b) made by the Narcotic Drugs (Licence Charges) Amendment (Charge Amounts and Other Measures) Regulations 2021 apply to charge on a licence for licence years that start on or after 1 July 2021.

 (2) The amendment of subparagraph 6(2)(c)(i) made by the Narcotic Drugs (Licence Charges) Amendment (Charge Amounts and Other Measures) Regulations 2021 applies to charge on a licence for licence years that end on or after 1 July 2021 but does not apply to the carrying out of an activity before 1 July 2021.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history