After section 56 of the Principal Act , the following Division is inserted in Part 3:

Division 1A - Supply and use of needles and syringes

56A.     Interpretation of Division 1A

In this Division –

certificate means a certificate of attainment of a relevant qualification that is issued under section 56I and is valid under that section;

certified person , in relation to a permit, means a person who is the holder of a certificate and who is an employee of, or a person acting on behalf of, the holder of the permit;

community organisation means a body of persons, whether incorporated or unincorporated, who provide services, in relation to health or welfare, whether or not for fee or reward, and includes a needle and syringe service;

dispensing machine means a machine by which needles or syringes may be dispensed;

government entity means the Crown or a body established by or under a law of the State;

needle and syringe service means a body of persons, whether incorporated or unincorporated, whose primary functions include the offering of needles or syringes to members of the public, whether or not for fee or reward;

organised distributor means –

(a) a body corporate; and

(b) a partner in a partnership within the meaning of the Partnership Act 1891 ; and

(c) a pharmacist, or a pharmacy business, within the meaning of the Pharmacy Control Act 2001 ; and

(d) a council; and

(e) a community organisation; and

(f) a government entity; and

(g) any other prescribed person or body of persons;

permit means a permit issued and in force under this Division;

permitted premises , in relation to a permit, means premises specified under section 56E(1) in a term of the permit as premises from which needles and syringes may be supplied under the permit.

56B.     Meaning of supply

(1)  Except in sections 56K and 56L , a reference in this Division to the supply of a needle or syringe does not include a reference to the supply of a needle or syringe –

(a) for lawful medical treatment purposes or veterinary treatment purposes; or

(b) to or by a wholesaler of needles or syringes; or

(c) to a person for the purpose of enabling the disposal of the needle or syringe; or

(d) to a member of a class of persons prescribed for the purposes of this section.

(2)  For the purposes of this Division, apart from subsection (1) and section 56L(2) , the supply to a person of a needle or syringe –

(a) at premises of an organised distributor, including by way of a dispensing machine at premises of an organised distributor; or

(b) by post, or personal delivery, by a certified person acting on behalf of an organised distributor –

is to be taken to be a supply to the person by the organised distributor.

(3)  For the purposes of this Division, other than subsection (1) , the supply of a needle or syringe by a person, to another person, by post is to be taken to be a supply to the other person by a certified person if the supply is carried out at the direction of a certified person.

56C.     Organised distributors not to supply needles or syringes except under permits

An organised distributor must not supply a needle or syringe to a person unless the organised distributor holds a permit.

Penalty:  Fine not exceeding 100 penalty units.

56D.     Permits

(1)  An organised distributor may, in an approved form, apply to the Director for a permit.

(2)  The Director may issue a permit to an organised distributor that has made an application under subsection (1) .

(3)  The Director may only issue a permit to an organised distributor if the Director is satisfied –

(a) that it is in the interests of public health for needles or syringes to be able to be supplied –

(i) by the organised distributor; and

(ii) at the premises that are to be the permitted premises; and

(b) that needles or syringes will only be supplied under the permit at the permitted premises; and

(c) that needles or syringes will only be supplied under the permit –

(i) by a certified person in relation to the permit; or

(ii) by a dispensing machine; and

(d) that the organised distributor has not committed an offence under this Division and the Director is not of the opinion that, in all the circumstances, the organised distributor ought to be disqualified from holding a permit.

(4)  If the Director intends to specify on a permit a term referred to in section 56E(3) , the Director may issue the permit despite subsection (3)(b) , but only if he or she is satisfied that –

(a) it is in the interests of public health for needles or syringes to be able to be supplied –

(i) at the permitted premises; or

(ii) by post, or personal delivery, by a certified person in relation to the permit; and

(b) needles or syringes will not be supplied by the organised distributor to a person other than –

(i) at the premises that are to be the permitted premises; or

(ii) by post, or personal delivery, by a certified person in relation to the permit.

(5)  The Director may refuse to issue a permit to an organised distributor if the Director is satisfied that the organised distributor has contravened or failed to comply with a condition of a permit.

(6)  A permit remains in force –

(a) for the period of not more than 3 years specified in the permit; or

(b) until it is revoked; or

(c) if the permit is renewed, for the period specified in the notice of renewal issued under section 56H(3) .

(7)  Despite subsection (6) , if an application for renewal of a permit is made under section 56H(2) before the permit expires, the permit remains in force until it is revoked or renewed or notice of a refusal to renew the permit is given under section 56H(3) .

(8)  A permit may not be transferred to another organised distributor or a person.

56E.     Terms of permits

(1)  The Director must specify on a permit that it is a term of the permit that the supply, at the premises specified on the permit, by the organised distributor that holds the permit, of needles or syringes is authorised under the permit.

(2)  The Director may specify on a permit that it is a term of the permit that the supply of needles and syringes by way of a dispensing machine, situated at the permitted premises, is authorised under the permit.

(3)  The Director may specify on a permit that it is a term of the permit that the supply of needles and syringes by post, or personal delivery, by a certified person in relation to the permit is authorised under the permit.

56F.     Conditions of permits

(1)  It is a condition of a permit that a needle or syringe must not be supplied, by the organised distributor that holds the permit, except as authorised by the terms specified on the permit in accordance with section 56E .

(2)  It is a condition of a permit that a needle or syringe must not be supplied to a person, by the organised distributor that holds the permit, unless –

(a) the person supplying the needle or syringe is a certified person in relation to the permit; or

(b) the supply is made by way of a dispensing machine, such a supply is authorised in accordance with a term specified on the permit in accordance with section 56E(2) and a certified person in relation to the permit will be responsible for the day-to-day operation of the machine.

(3)  It is a condition of a permit that the holder of the permit must comply with a requirement of the Director under subsection (4) .

(4)  The Director, by notice in writing to the holder of a permit, may require the holder of the permit to provide to the Director, at the time, or times, specified in the notice, information specified in the notice.

(5)  It is a condition of a permit that the organised distributor that holds the permit must ensure that the service standards approved under section 56J are complied with in relation to the supply of a needle or syringe by the organised distributor.

(6)  The Director may specify on a permit conditions, in addition to the other conditions referred to in this section, to which the permit is subject, including, but not limited to including, conditions in relation to supply by post or personal delivery or by a dispensing machine.

56G.     Variation, &c., of terms and conditions of permits

(1)  A holder of a permit may apply to the Director –

(a) for the variation or revocation of a condition specified on the permit under section 56F(6) ; or

(b) for the variation of a term specified on the permit under section 56E ; or

(c) for the revocation of a term specified on the permit under section 56E(2) or (3) ; or

(d) for a term to be specified on the permit under section 56E(2) or (3) .

(2)  The Director, by notice in writing to the holder of a permit, may –

(a) vary or revoke a condition specified on the permit in accordance with section 56F(6) ; or

(b) vary a term specified on the permit under section 56E ; or

(c) revoke a term specified on the permit under section 56E(2) or (3) ; or

(d) specify a term on the permit under section 56E(2) or (3) .

(3)  The Director may, under subsection (2) , only vary, revoke or specify a term or condition if the Director is satisfied that it is in the interests of public health to do so.

(4)  The Director may, under subsection (2) , only vary a term, specified under section 56E(1) on a permit, so as to change the reference from one premises to another or so as to specify on the permit additional permitted premises.

56H.     Revocation and renewal of permits

(1)  The Director, by notice to the holder of a permit, may revoke the permit, if the Director –

(a) is no longer satisfied, in relation to the permit, as to the matters referred to in section 56D(3) and, if applicable, the matters referred to in section 56D(4) ; or

(b) is of the opinion that the holder of the permit has contravened or failed to comply with a condition of the permit.

(2)  The holder of a permit may apply to the Director on the approved form for the renewal of the permit.

(3)  The Director may, by notice to the holder of the permit to which an application under subsection (2) relates –

(a) renew the permit for the period of not more than 3 years specified in the notice, if he or she is satisfied, in relation to the permit, as to the matters referred to in section 56D(3) and, if applicable, the matters referred to in section 56D(4) ; or

(b) refuse to renew the permit, if he or she is not satisfied, in relation to the permit, as to the matters referred to in section 56D(3) and, if applicable, the matters referred to in section 56D(4) .

56I.     Certificates of relevant qualifications

(1)  The Director may approve one or more courses of training as to the manner in which needles and syringes are to be supplied.

(2)  The Director may only approve a course under subsection (1) if he or she is satisfied that the course is likely to train participants in the course to supply needles and syringes in a manner that is likely to enable the safe supply, or use, or both, of needles and syringes.

(3)  The Director may issue to a person a certificate of attainment of a relevant qualification if the person has successfully completed a course of training approved under subsection (1) .

(4)  A certificate is valid for a period of 3 years unless it is cancelled earlier under subsection (5) .

(5)  The Director, by notice to a person to whom a certificate has been issued, may cancel the certificate, if the Director is satisfied that –

(a) the training to which the certificate relates was inadequate or is no longer adequate; or

(b) the person is not a suitable person to be authorised to supply needles or syringes; or

(c) the person has not supplied needles or syringes in accordance with the training to which the certificate relates.

56J.     Service standards

(1)  The Director may approve service standards in relation to the supply of needles and syringes by an organised distributor.

(2)  The following matters may be specified in service standards approved under subsection (1) :

(a) the information that must be supplied to a person to whom a needle or syringe is supplied;

(b) the manner or form in which a needle or syringe is to be supplied;

(c) the hours during which a needle or syringe may be supplied;

(d) any other matter that the Director thinks fit in respect of the supply of needles or syringes.

56K.     Possession, &c., of needle or syringe does not constitute offence under certain Acts

(1)  A person who is in possession of a needle or syringe, water for injection or an alcohol swab does not, by reason only of that possession, commit, and is not to be taken, by reason only of that possession, to have committed, any crime, or any offence, under the Misuse of Drugs Act 2001 or the Poisons Act 1971 .

(2)  A person who is in possession of any trace element of a substance that is contained in a needle or syringe does not, by reason only of that possession, commit, and is not to be taken, by reason only of that possession, to have committed, any crime, or any offence, under the Misuse of Drugs Act 2001 or the Poisons Act 1971 .

(3)  A person who supplies a needle, or syringe, to another person so that the other person may dispose of the needle or syringe does not, by reason only of that supply, commit, and is not to be taken, by reason only of that supply, to have committed, any crime, or any offence, under the Misuse of Drugs Act 2001 or the Poisons Act 1971 .

(4)  A person who supplies –

(a) an unused needle or unused syringe; or

(b) other equipment associated with the use of an unused needle or an unused syringe; or

(c) information –

under a permit does not, by reason only of that supply, commit, aid, abet or instigate, and is not to be taken, by reason only of that supply, to have committed, aided, abetted or instigated, any crime, or any offence, under the Misuse of Drugs Act 2001 or the Poisons Act 1971 or Chapters II or XXXV of the Criminal Code .

(5)  A person who supplies –

(a) an unused needle or unused syringe; or

(b) other equipment associated with the use of an unused needle or an unused syringe; or

(c) information –

that was supplied under a permit does not, by reason only of that supply, commit, aid, abet or instigate, and is not to be taken, by reason only of that supply, to have committed, aided, abetted or instigated, any crime, or any offence, under the Misuse of Drugs Act 2001 or the Poisons Act 1971 or Chapters II or XXXV of the Criminal Code .

(6)  In this section –

trace element of a substance means any element, of the substance, that remains in a needle or syringe in such a quantity as to be unlikely to be usable for the purpose of injecting the substance.

56L.     Persons with possession of needle or syringe to avoid risk to life and safety of other persons

(1)  A person who is in possession of a needle or syringe must take all reasonable care and precautions to avoid risk to the life, safety or health of another person that may be caused by the needle or syringe.

Penalty:  Fine not exceeding 10 penalty units.

(2)  A person who –

(a) abandons, discards or disposes of a needle or syringe; or

(b) supplies to another person a needle or syringe to dispose of –

must take all reasonable care and precautions to avoid risk to the life, safety or health of another person that may be caused by the abandonment, discarding or disposal of the needle or syringe or the supply by the person of the needle to the other person.

Penalty:  Fine not exceeding 10 penalty units.