Narcotic Drugs Amendment (Fees) Regulations 2020

I, General the Honourable David Hurley AC DSC (Retd), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated 09 July 2020

David Hurley

Governor‑General

By His Excellency’s Command

Greg Hunt

Minister for Health

Contents

1 Name

2 Commencement

3 Authority

4 Schedules

Schedule 1—Amendments

Narcotic Drugs Regulation 2016

1  Name

  This instrument is the Narcotic Drugs Amendment (Fees) Regulations 2020.

2  Commencement

 (1) Each provision of this instrument 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.

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

 (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

  This instrument is made under the Narcotic Drugs Act 1967.

4  Schedules

  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

Narcotic Drugs Regulation 2016

1  Section 4

Insert:

variation application classification document means the document Specification of variation applications published on the Department’s website, as in force from time to time.

2  Division 1 of Part 5 (heading)

Repeal the heading, substitute:

Division 1—Inspection fees

3  Section 53

Repeal the section.

4  Subsection 54(1)

Omit “$470 in respect of each person conducting the inspection is payable for each hour, or part of an hour, the person spends conducting”, substitute “$3,650 is payable for”.

5  Section 54B

Repeal the section, substitute:

54B  Payment of charge

 (1) This section is for the purposes of subparagraph 28(1)(e)(i) of the Act.

 (2) Charge payable on a licence is payable to the Secretary on behalf of the Commonwealth.

 (3) An amount of charge payable on a licence is due and payable on the day specified in an invoice for the amount given to the holder of the licence by the Secretary.

6  Section 54C

After “Act,”, insert “an amount of”.

7  In the appropriate position in Part 6

Insert:

59  Application provisions relating to the Narcotic Drugs Amendment (Fees) Regulations 2020

 (1) The repeal of section 53, and the amendment of Schedule 1, by the Narcotic Drugs Amendment (Fees) Regulations 2020 apply in relation to applications made on or after 15 July 2020.

 (2) The amendment of subsection 54(1) made by the Narcotic Drugs Amendment (Fees) Regulations 2020 applies to inspections started on or after 15 July 2020.

 (3) The repeal and substitution of section 54B by the Narcotic Drugs Amendment (Fees) Regulations 2020 applies to charge on a licence in force on or after 15 July 2020.

 (4) The amendment of section 54C by the Narcotic Drugs Amendment (Fees) Regulations 2020 applies to charge on a licence in force on or after 15 July 2020.

8  Schedule 1 (heading)

Omit “Fees”, substitute “Application fees”.

9  Schedule 1 (note to Schedule heading)

Omit “, 24 and 54”, substitute “and 24”.

10  Clause 1 of Schedule 1 (table)

Repeal the table, substitute: