146. Federal law on protection against health threats in connection with new psychoactive substances (New-Psychoactive-Substances-Gesetz, NPSG)

The National Council has decided:

Definitions

§ 1. In the sense of this federal law,

1.		"New psychoactive substance" means a substance or preparation which has the ability to effect a psychoactive effect in its use in the human body and not the one-way convention of addiction in 1961, BGBl. No 531/1978, or the Convention on Psychotropic Substances of 1971, BGBl. III No 148/1997;
2.		"psychoactive effect" means the stimulation or attenuation of the central nervous system, which is associated with hallucinations or disturbances of motor functions, thought, behaviour, perception or mood;
3.		"substance" means a synthetically produced chemical compound;
4.		"Preparation" means a mixture or a solution containing a new psychoactive substance or a number of such substances.

Scope

§ 2. This federal law shall apply to new psychoactive substances, insofar as they are not allowed to be placed on the market in accordance with the provisions of the pharmaceutical, pharmacy, or pharmaceutical import regulations.

(2) This federal law, however, is not applicable to substances and preparations which are subject to the Suchtmittelgesetz, BGBl. I No 112/1997.

Regulation

§ 3. (1) The Federal Minister for Health, or the Federal Minister for Health, may designate new psychoactive substances with a regulation if, on the basis of certain facts,

1.		shall be presumed to be used for abusive use in certain modes of transport on account of their effect in accordance with § 1 Z 2; and
2.		in the case of their application according to the state of science and experience, there is a risk to the health of consumers or cannot be excluded.

(2) The Federal Minister of Health or the Federal Minister for Health may also define chemical substance classes if this measure appears to be better suited to the designation of individual new psychoactive substances, the dissemination of such substances Prevent substances and the risks associated with them for the health of consumers or not to be excluded.

(3) The application of paragraph 2 does not preclude the fact that substances with the chemical substance classes are also covered by substances which:

1.		the ability to achieve an effect in accordance with § 1 Z 2 is not or only to a small extent, or
2.		as addictive substances are subject to the law on the law of the law.

Judicial Criminal Provisions

§ 4. (1) Who, with the purpose of drawing an advantage from it, has produced, introduces, executes or executes a new psychoactive substance with the purpose of regulation as defined in § 3 or defined by a chemical substance class defined in accordance with § 3. In the case of another person or a third party, it shall be punishable by a custodial sentence of up to two years, or may be used by the other or a third party to achieve a psychoactive effect in the human body.

(2) If the offence causes the death of a person or serious bodily injury (§ 84 para. 1 StGB) of a larger number of people, then the perpetrator shall be punished with imprisonment of one to ten years.

Recovery

§ 5. (1) A new psychoactive substance, referred to in § 3 or defined by a chemical substance class defined in accordance with § 3, is also to be used if there is no confiscation in accordance with Section 26 of the German Civil Code (StGB), if no may be prosecuted or convicted for a criminal offence pursuant to § 4, unless the person entitled to a right of injunction makes a lawful use of the offence and guarantees that the substance is not intended to be used for the purpose of achieving a Psychoactive effect in the human body is used.

(2) In accordance with § § 443 to 446 of the German Code of Procedure (StPO). For the application of § 445a StPO, a new psychoactive substance shall be treated as an object, the possession of which is generally prohibited.

Suspicion of drug-related infringements

§ 6. The bodies of the public security service shall have the suspicion of a breach of the Medicines Act, BGBl, in the course of law enforcement proceedings under this Federal Act. No. 185/1983, or the Proprietary Medicinal Products Import Act, BGBl. No 79/2010, the Federal Office for Health and Safety (Bundesamt für Sicherheit im healthcare) must immediately inform the Federal Office for Health and Safety of the facts of the facts and provide it with all the data necessary for clarification of the facts, in particular product-related data. In this context, the institutions of the Public Security Service shall be empowered to protect, for the life or health of human beings, the risks inherent in the use of medicinal products which are contrary to the rules laid down by the law in question, To provide the personal data necessary for clarification of the facts.

Information requirements for customs authorities

§ 7. (1) When certain facts indicate that new psychoactive substances are transported to or from Austria for the purpose of achieving a psychoactive effect in the human body, the following shall be: The customs authorities have the power to ensure that they are provisionally safe. They shall report immediately to the competent public prosecutor's office. Declares that the conditions of a guarantee in accordance with § 110 of the Criminal Procedure Code 1975 (StPO), BGBl. No 631, shall be repealed as soon as possible. In addition, the provisional guarantee shall not be valid if six months have passed since it was issued or if the court has finally rejected the application for seizure by a final decision.

(2) In connection with the control of new psychoactive substances, which are transported to or from Austria for the purpose referred to in paragraph 1, the customs authorities may identify and process personal data (§ 4 Z 9 of the German language). Data Protection Act 2000-DSG 2000, BGBl. I n ° 165/1999) and transmit them to the competent law enforcement authorities to the extent that this is necessary for the fulfilment of their legal tasks. "

Monitoring

§ 8. (1) The Federal Minister of Health, or the Federal Minister of Health, has to ensure the prevention of the risks associated with the abuse of consumer health and consumer health for the

1.		monitoring of the market with a view to the emergence of new psychoactive substances,
2.		assessment of the risks of the new psychoactive substances, as far as possible on the basis of the available scientific knowledge and practical experience,
3.		Information of the relevant bodies of the health care system on the findings obtained in accordance with Z 1 and 2.

(2) The Federal Minister for Health or the Federal Minister for Health may instructs the national contact point in the information network of the European Monitoring Centre for Drugs and Drug Addiction (Section 26a of the Suchtmittelgesetz) with the measures provided for in paragraph 1. In order to advise on new psychoactive substances, it can set up a specialist advisory board of experts from the relevant fields of science and practice. The work of the experts in the Advisory Board is honorary. Any travel expenses are from the Federal Minister or from the Federal Minister of Health after the highest fee level of the travel fee rule 1955, BGBl. No 133.

Enforcement

§ 9. With regard to enforcement,

1.		§ § 4 and 5 the Federal Minister of Justice,
2.		Article 6 of the Federal Minister of the Interior,
3.		Section 7 of the Federal Minister for Finance,
4.		of the other provisions of the Federal Minister for Health or the Federal Minister for Health
.

Final provisions

§ 10. (1) As far as this federal law refers to other federal laws, these are to be applied in their respectively valid version.

(2) The implementing regulation pursuant to § 3 may already be issued as from the day following the presentation of this Federal Act. However, it must not enter into force before the entry into force of the Federal Act.

entry into force

§ 11. This federal law comes with 1. Jänner 2012 in force.

Fischer

Faymann