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Alcohol and Drug Dependency Repeal Act 2021

An Act to repeal the Alcohol and Drug Dependency Act 1968 and to amend certain Acts, and rescind or revoke certain legislative instruments, consequent on that repeal

[Royal Assent 16 December 2021]

Be it enacted by Her Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary

1. Short title

This Act may be cited as the Alcohol and Drug Dependency Repeal Act 2021 .

2. Commencement

This Act commences on a day to be proclaimed.

PART 2 - Community Protection (Offender Reporting) Act 2005 Amended

3. Principal Act

In this Part, the Community Protection (Offender Reporting) Act 2005 is referred to as the Principal Act.

4. Section 10A amended (Magistrate may make community protection order on application from Commissioner)

Section 10A(3)(d) of the Principal Act is amended by omitting "alcohol as defined in the Alcohol and Drug Dependency Act 1968 " and substituting "intoxicating liquor".

PART 3 - Poisons Act 1971 Amended

5. Principal Act

In this Part, the Poisons Act 1971 is referred to as the Principal Act.

6. Section 3 amended (Interpretation)

Section 3(1) of the Principal Act is amended by omitting the definition of treatment centre and substituting the following definition:
treatment centre means a place that is approved under section 59AB as a treatment centre;

7. Section 59AB inserted

After section 59A of the Principal Act , the following section is inserted in Part VA:
59AB. Treatment centres

(1) The Secretary may, in writing, approve a place as a treatment centre.

(2) The Secretary may, in writing, revoke the approval of a place as a treatment centre.

(3) A place that was, immediately before the commencement of this section, a treatment centre, within the meaning of the Alcohol and Drug Dependency Act 1968 as then in force, is taken to be a treatment centre approved under subsection (1) until revoked under subsection (2) , if at all.

(4) An instrument in writing under this section –
(a) is not a statutory rule for the purposes of the Rules Publication Act 1953 ; and
(b) is not subordinate legislation for the purposes of the Subordinate Legislation Act 1992 .