Review of the Narcotic Drugs Act 1967 (2019)

The Hon Greg Hunt MP, Minister for Health, has appointed Professor John McMillan AO to review and report on the operation of the Narcotic Drugs Act 1967.

The Narcotic Drugs Act establishes a framework to both prevent abuse and diversion of controlled narcotics and to ensure the availability of such drugs for medical and research purposes, in accordance with the Single Convention on Narcotic Drugs. Since October 2016, the Act was extended to provide for the regulation of cannabis cultivation and production in Australia, to enable a sustainable supply of safe medicinal cannabis products for therapeutic purpose.

A review of the operation of the Narcotics Drugs Act, as soon as possible after the second anniversary of the commencement of the 2016 amendments, is required under section 26A of that Act, with the report to be tabled in Parliament by 29 October 2019.

Professor McMillan has very strong legal credentials and administrative law experience in a range of areas relevant to the Review. He has had a number of appointments at the highest professional levels, including as an academic, practising administrative lawyer and Commonwealth agency head. These appointments include (Australian Information Commissioner, Commonwealth Ombudsman and acting NSW Ombudsman, Integrity Commissioner for the Australian Commission for Law Enforcement Integrity. He is an Emeritus Professor at ANU with expertise in administrative and constitutional law).

A public consultation process will form part of the review and this is expected to commence in early 2019.

Further details will be provided in due course.

The Narcotic Drugs Act establishes a framework to both prevent abuse and diversion of controlled narcotics and to ensure the availability of such drugs for medical and research purposes, in accordance with the Single Convention on Narcotic Drugs, 1961 (the Single Convention), as in force from time to time. The Act provides for the control of drugs obtained from the opium poppy and the regulation of the manufacture of licit narcotics, such as morphine. With effect from October 2016, the Act was extended to include a regime for the regulation of cannabis cultivation and production in Australia, to enable a sustainable supply of safe medicinal cannabis products for therapeutic purposes and to benefit Australian patients in need (the 2016 Amendments).

Noting that the object of the Narcotic Drugs Act, as set out in section 2A, is to give effect to certain of Australia's obligations under the Single Convention, the Review should inquire into and report on the operation of the Act, including considering whether the measures implemented are working efficiently and effectively or could be improved for the benefit of affected parties (being applicants and regulated entities as well as the department administering the Act).

In particular, the Review should consider and make recommendations on:

1. the efficiency and effectiveness of the structure of the licensing and permit regimes and other restrictions in the Act in controlling the supply of narcotic drugs and options to reduce the regulatory burden on affected parties, whilst still achieving the object of the Act.
2. the efficiency and effectiveness of the obligations in the Act relating to the provision of information and other administrative requirements and options for reducing the regulatory burden on affected parties, whilst still achieving the object of the Act.
3. the appropriateness of the compliance and enforcement regime in the Act, including in relation to the Secretary's functions and powers.