New South Wales Consolidated Acts

DRUG MISUSE AND TRAFFICKING ACT 1985 - SECT 45

45 Regulations

(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.

(1A) The regulations may exempt a person or class of persons from a provision of this Act or the regulations.

(2) A regulation made under subsection (1A) may apply as follows--

(a) to specified prohibited plants, prohibited drugs or psychoactive substances,

(b) in relation to a needle exchange program approved from time to time by the Secretary of the Ministry of Health for the regulation (an
"approved needle exchange program" ),

(c) to a person or class of persons involved in an approved needle exchange program who are approved from time to time by the Secretary of the Ministry of Health for the regulation.

(2A) The regulations may make provision for or with respect to prohibiting or regulating the sale and storage of--

(a) precursors, and

(b) any apparatus that is capable of being used in the manufacture or production of a prohibited drug,

being such precursors and apparatus as are prescribed by the regulations for the purposes of this section.

(3) A regulation may create an offence punishable by a penalty, including a distinct penalty in the case of a second or subsequent offence, not exceeding--

(a) 150 penalty units in the case of a corporation, or

(b) 50 penalty units in the case of an individual.

(4) An offence under the regulations may be prosecuted summarily before the Local Court.

(5) A provision of a regulation may--

(a) apply generally or be limited in its application by reference to specified exceptions or factors,

(b) apply differently according to different factors of a specified kind, or

(c) authorise any matter or thing to be from time to time determined, applied or regulated by any specified person or body,

or may do any combination of those things.