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Part 6—Miscellaneous

Part 6 Miscellaneous


51   Annual report

                   The CEO, when preparing the Agency’s annual report under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period, must include a summary of de-identified national data about regulated cannabis activities during the period.

Note:          The report must be presented to the Parliament (see subsection 46(1) of the Public Governance, Performance and Accountability Act 2013 ).

52   Delegation by the CEO

             (1)  The CEO may, by writing, delegate any or all of the CEO’s functions and powers to an SES employee, or acting SES employee, who is a member of the staff of the Agency referred to in section 48.

Note:          The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901 .

             (2)  In performing a delegated function or exercising a delegated power, the delegate must comply with any written directions of the CEO.

53   Protection from liability

                   The following persons are not liable to civil proceedings in relation to an act done, or omitted to be done, in good faith, in the performance or purported performance, or exercise or purported exercise, of the person’s functions, powers or duties under or in relation to this Act:

                     (a)  the CEO;

                     (b)  a member of the staff of the Agency referred to in section 48;

                     (c)  a person assisting the Agency referred to in section 49;

                     (d)  a consultant engaged under section 50.

54   Review of this Act

             (1)  At least once every 5 years, the Minister must cause a review of the operation of this Act to be undertaken.

             (2)  The persons undertaking the review must give the Minister a written report of the review.

             (3)  The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.

55   Funding

                   Expenditure for the purposes of this Act is to be made from funds appropriated by the Parliament.

56   Regulations

             (1)  The Governor-General may make regulations prescribing matters:

                     (a)  required or permitted by this Act to be prescribed by the regulations; or

                     (b)  necessary or convenient to be prescribed for carrying out or giving effect to this Act.

             (2)  Without limiting subsection (1), the regulations may:

                     (a)  make provision for and in relation to the seizure and forfeiture of:

                              (i)  anything used or otherwise involved in the commission of an offence against this Act; and

                             (ii)  anything used or otherwise involved in what would be the commission of an offence against this Act by a person if the person were 18 years of age or older; and

                     (b)  impose penalties, not exceeding 50 penalty units, for offences against the regulations; and

                     (c)  prescribe requirements for the approval of responsible service of cannabis training, and the registration of training providers, by the Agency including requirements relating to fees payable in respect of applications for approval and registration.