Hemp Industry Act 2008

This Act is the Hemp Industry Act 2008.

This Act commences on a day or days to be appointed by proclamation, except as provided by subsection (2).

Section 3 and Schedules 1 and 2.1 [1] and [3] commence on the date of assent to this Act.

In this Act—

authorised officer means a person appointed by the Secretary under section 18.

close associate—see section 4.

corresponding authority means an authority issued under a corresponding law that, in the opinion of the Secretary, is similar to a licence under this Act.

corresponding law means a law of another Australian jurisdiction that is declared by the regulations to be a corresponding law for the purposes of this Act.

cultivate includes grow, harvest or produce.

Department means Regional NSW.

drug related offence means an indictable offence under the Drug Misuse and Trafficking Act 1985 or under a corresponding law.

exercise a function includes perform a duty.

function includes a power, authority or duty.

licence means a licence under this Act.

low-THC hemp means any plant of the genus Cannabis, by whatever name that plant may be called, that has a concentration of THC in its leaves and flowering heads of no more than 1%, and includes the seed of any such plant and any product (such as oil, fibre or resin) derived from any such plant.

premises includes—

a building or structure, or

land or a place (whether built on or not), or

a vehicle, vessel or aircraft.

records includes plans, specifications, maps, reports, books and other documents (whether in writing, in electronic form or otherwise).

Secretary means the Secretary of the Department.

sell includes sell whether by wholesale or retail or dispose of by barter or exchange, and also includes dealing in, agreeing to sell, or offering or exposing for sale, or keeping or having in possession for sale, or sending, forwarding, delivering or receiving for sale or on sale, or authorising, directing, causing, suffering, permitting or attempting any of those acts or things.

supply includes sell and distribute, and also includes agreeing to supply, or offering to supply, or keeping or having in possession for supply, or sending, forwarding, delivering or receiving for supply, or authorising, directing, causing, suffering, permitting or attempting any of those acts or things.

THC means tetrahydrocannabinol.

Notes included in this Act do not form part of this Act.

For the purposes of this Act, a person is a close associate of an applicant for, or the holder of, a licence if the person—

holds or will hold any relevant financial interest, or is or will be entitled to exercise any relevant power (whether in his or her own right or on behalf of any other person), in the business of the licence applicant or holder, and by virtue of that interest or power is or will be able (in the opinion of the Secretary) to exercise a significant influence over or with respect to the conduct of that business, or

holds or will hold any relevant position, whether in his or her own right or on behalf of any other person, in the business of the licence applicant or holder.

In this section—

relevant financial interest in relation to a business means—

any share in the capital of the business, or

any entitlement to receive any income derived from the business, whether the entitlement arises at law or in equity or otherwise.

relevant position means the position of director, manager or secretary or any executive position, however designated, if it is an executive position.

relevant power means any power, whether exercisable by voting or otherwise and whether exercisable alone or in association with others—

to participate in any directorial, managerial or executive decision, or

to elect or appoint any person to any relevant position.

The Secretary may grant a licence authorising a person to cultivate or supply low-THC hemp for any one or more of the following purposes—

for commercial production,

for use in any manufacturing process,

for scientific research, instruction, analysis or study,

for any other purpose prescribed by the regulations.

Note.

The possession of low-THC hemp is not an offence under the Drug Misuse and Trafficking Act 1985 if it is cultivated or supplied under the authority of this Act.

Note—

See section 3 for the definition of low-THC hemp, which includes resins and other products derived from certain low-THC Cannabis plants.

A person who is the holder of a licence—

must not cultivate or supply low-THC hemp otherwise than for the purpose for which the licence is granted, and

must comply with the conditions to which the licence is subject.

Maximum penalty—100 penalty units or imprisonment for 2 years, or both.

A person may apply to the Secretary for a licence.

An application for a licence must—

be in the form approved by the Secretary, and

be accompanied by such fee (if any) as may be approved by the Secretary to cover the costs associated with the assessment and determination of the application, and

contain such information and particulars as are prescribed by the regulations, and

contain such other information, and be accompanied by such other documents, as the Secretary may require to determine the application.

On receiving an application for a licence, the Secretary is authorised to carry out such investigations and inquiries as the Secretary considers necessary to determine the application.

In particular, the Secretary must conduct a criminal record check in relation to the applicant and may conduct a criminal record check in relation to any person who, in the opinion of the Secretary, is a close associate of the applicant. It is the duty of the Commissioner of Police to assist in any such criminal record check.

The Secretary may, by notice in writing, require a person who is an applicant for a licence or who, in the opinion of the Secretary, is a close associate of the applicant to do any one or more of the following things—

to provide, in accordance with directions in the notice, such information as is relevant to the investigation of the application and specified in the notice,

to produce, in accordance with directions in the notice, such records as are relevant to the investigation of the application and specified in the notice,

to furnish to the Secretary such authorities and consents as the Secretary directs for the purpose of enabling the Secretary to obtain information (including financial and other confidential information) from other persons concerning the applicant or close associate.

If a requirement made under this section is not complied with, the Secretary may refuse to determine the application concerned.

Any costs incurred by the Secretary in conducting a criminal record check under this section are to be paid by the applicant for the licence concerned.

This section applies in relation to a close associate of an applicant for a licence only if the Secretary is satisfied that the close associate is likely to be concerned in, or associated with, the cultivation or supply of low-THC hemp under the licence.

The Secretary must not grant a licence to a person unless satisfied that the person, and each close associate of the person, is a suitable person to be concerned in or associated with the cultivation or supply of low-THC hemp under a licence.

In particular, the Secretary is to consider whether the person, and each close associate of the person, is of good repute, having regard to the person’s or close associate’s (as the case requires) character, honesty and integrity.

The Secretary must not grant a licence to a person if the person, or a close associate of the person, has been found guilty of a drug related offence.

The Secretary may refuse to grant a licence to a person—

if the person, or a close associate of the person, has been found guilty of an offence that, in the opinion of the Secretary, makes the person or close associate unsuitable to be concerned in or associated with the cultivation or supply of low-THC hemp under a licence, or

on such other grounds the Secretary considers appropriate.

The regulations may make further provision for the circumstances in which the Secretary may refuse, or is required to refuse, to grant a licence to a person.

The Secretary is to determine an application for a licence—

by granting the application and issuing a licence to the applicant, or

by refusing the application.

The Secretary is to give the applicant written notice of the determination of the application. However, the Secretary is not required to give any reasons for his or her decision.

The Secretary’s decision in relation to a licence application is final and is not subject to review.

Unless it is sooner cancelled or suspended under this Act, a licence continues in force for a period of 5 years from the date on which it was granted, renewed or transferred (or such shorter period as may be specified in the licence).

A licence is subject to—

such conditions as are imposed by this Act or prescribed by the regulations, and

such conditions as may be imposed by the Secretary, at the time the licence is granted, renewed or transferred or at any later time, and specified in the licence.

A condition imposed by the Secretary after the licence is granted, renewed or transferred takes effect when written notice of the condition is given to the licensee, or at such later date as may be specified in the notice.

The Secretary may at any time, by notice in writing to the holder of a licence, vary or revoke a condition of the licence imposed by the Secretary.