New Psycho-Active Substances Act, Npsg

Original Language Title: Neue-Psychoaktive-Substanzen-Gesetz, NPSG

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146. Federal Act concerning protection against health hazards related to new psycho active substances (new-psycho-active substances – law, NPSG)

The National Council has decided:

Definitions

§ 1. 1. within the meaning of this federal law is "new psychoactive substance" a substance or preparation which has the ability to induce a psychoactive effect in their application in the human body and not the single Convention on Narcotic Drugs 1961, Federal Law Gazette No. 531/1978, or the Convention of 1971 on psychotropic substances, Federal Law Gazette III No. 148/1997, is subject to;

2. "psychoactive effects" that hallucinations or disturbances of motor functions, of thinking, behavior, perception or mood is accompanied by detailed suggestion or attenuation of the central nervous system;

3. "Substance" is a synthetically produced chemical compound;

4. "Preparation" a mixture or a solution, that or a new psychoactive substance or more such substances contains.

Scope of application

§ 2. This federal law is to apply on new psychoactive substances, as far as they are not allowed in accordance with the arzneimittel -, apotheken - or drug importation legal legislation relating to transport.

(2) this federal law applies but not on substances and preparations, which are subject to the drug Act, Federal Law Gazette I no. 112/1997.

Regulation

§ 3 (1) the Minister or the Federal Minister of health may be new psychoactive substances regulation, if to assume on the basis of certain facts 1 is that they find Z 2 in certain public dissemination to the abusive application due to their action in accordance with § 1, and 2. in applying the State of science and the experience is a danger to the health of consumers or cannot be ruled out.

(2) the Minister or the Minister of health can also chemical substance classes define, if this measure better than the designation of individual new of psycho active substances appears suitable, to prevent the spread of such substances and the associated for the health of consumers or not to exclude risks.

(3) the application of paragraph 2 shall be without prejudice, that the chemical substance classes also substances with captured the 1 are capable of bringing about an effect referred to in § 1 Z 2 does not have little capacity or 2 as a drug subject to the drug regulations.

Judicial penal provisions

§ 4 (1) with the intent to gain an advantage, referred to a regulation pursuant to article 3 or generated by a class of chemical substance defined pursuant to article 3 included new psychoactive substance with the intent, introduces, running or leaves another or provides that from the other or a third party to achieve a psychoactive effect in the human body is applied, is to punish up to two years imprisonment.

(2) has the offence the death or serious bodily injury (article 84, paragraph 1 StGB) a greater number of people, is so to punish the perpetrators with imprisonment from one to ten years.

Confiscation

§ 5 (1) referred to a regulation pursuant to article 3 or of a class of chemical substance defined pursuant to article 3 included new scanner is psychoactive substance - if not already a confiscation pursuant to section 26 of the criminal code takes place - also, when no specific person for an offence under section 4 may be pursued or convicted, unless the claimant makes credible a lawful purpose and guarantees for this , that the substance is not to achieve a psychoactive effects in the human body is applied.

(2) they apply for the procedure according to §§ 443 to 446 StPO. For the application of article 445a StPO a new psychoactive is substance as subject to deal with, which owns is generally prohibited.

Suspicion of drug-law violations

§ 6. The organs of public security have, if in the course of law enforcement actions under this Federal Act the suspicion of a violation of the medicines Act, Federal Law Gazette No. 185/1983, or the drug importation law, Federal Law Gazette I no. 79/2010, results, immediately notify the Federal Office for security in healthcare by the facts of the case having regard to and this data required all to clarify the facts of the case, in particular product-related data , to submit. The organs of public security are authorized in this context to the protection against the illegal traffic on the market with drugs related dangers to the life or health of people to send also the personal data required for the clarification of the facts.

Information requirements of the Customs authorities

7. (1) if certain facts that suggest that new psychoactive transported substances in order to / from Austria, that they be applied to achieve a psychoactive effect in the human body, so the Customs authorities are authorized provisionally to ensure this. By ensuring they have to report to the competent public prosecutor's Office without delay. This explains that the conditions of a guarantee in accordance with article 110 of the code of criminal procedure (StPO), BGBl. No. 631, 1975 are not available, ensuring is immediately to repeal. In addition, ensuring temporary override occurs if six months have passed since their adoption, or as soon as the Court finally rejected the request for confiscation.

"(2) in connection with the control of new psycho active substances that are transported to / from Austria for the purpose referred to in paragraph 1, to the Customs authorities find personal data and process (§ 4 Z 9 of the data protection Act 2000 - DSG 2000, Federal Law Gazette I no. 165/1999) and these provide the competent law enforcement authorities, as far as this is necessary to fulfil their statutory task."

Monitoring

Section 8 (1) the Minister or the Minister for health has with the aim of preventing the abuse for the health hazards associated outgoing consumers to take care for 1 observation of the market with regard to the occurrence of new psycho active substances, 2. assessment of the risks of the new psycho active substances, as far as this based on the available scientific evidence and practical experience is possible , 3. information of the relevant points of health care over the findings in accordance with Nos. 1 and 2.

(2) the Minister or the Federal Minister of health may Commission the national point of contact in the information network of the European Monitoring Centre for drugs and drug addiction (section 26a of the Narcotics Act) with the measures referred to in paragraph 1. This may establish an Advisory Board of experts in the relevant disciplines from science and practice for advice, the new psycho active substances. The activities of the experts in the Advisory is Honorary. Any travel costs are by the Minister or by the Federal Minister of health to the highest level of fees the travel fees regulation 1955, BGBl. No. 133, to replace.

Enforcement

§ 9. With the enforcement section is 4 and 5 in terms of § 1 the Federal Minister or the Minister of Justice, 2. § 6 the Federal Minister or the Federal Minister of the Interior, 3. § 7 the Federal Minister or the Minister for finance, 4. of the remaining provisions of the Federal Minister and the Federal Minister of health responsible.

Final provisions

As far as the Federal law refers to other federal laws, these are section 10 (1) in their currently valid version to apply.

(2) the implementing regulation referred to in article 3 may be adopted as of the day following the announcement of this Federal Act. She may not however federal law into force prior to the entry into force.

Entry into force

§ 11. This federal law shall enter into force January 1, 2012.

Fischer

Faymann