Poppy Industry Act 2016

The Secretary may suspend, cancel or amend a poppy licence or poppy permit as the Secretary considers appropriate if satisfied that—

the licence or permit was obtained improperly, or

the holder of the licence or permit—

has ceased to carry on the activities authorised by the licence or permit, or

has not paid fees or charges payable to the Secretary as required by this Act or the regulations, or

has contravened this Act or the regulations or the Drug Misuse and Trafficking Act 1985 or a law of the Commonwealth or another State or Territory that regulates activities involving alkaloid poppies, alkaloid poppy material, prohibited plants, prohibited drugs, medicines, poisons or therapeutic goods, or

an event has occurred or circumstances have come to light such that, if an application were now to be made by the holder of the licence or permit for the licence or permit, it would not be granted or it would not be granted on the same conditions of the licence or permit, or

for a licence—

an arrangement required as a condition of the licence has ceased to be in effect or has been altered in a manner that results in a contravention of the condition of the licence, or

a person with whom such an arrangement has been entered into has ceased to hold the poppy licence, interstate poppy licence or manufacturing, export or research licence required for the arrangement or the licence held by the person has been suspended, or

an emergency situation has arisen warranting the suspension, cancellation or amendment—

to keep alkaloid poppies and alkaloid poppy material secure and ensure that they are not diverted for unlawful purposes, or

to minimise the risk of environmental harm or harm to humans arising from the activities under the licence or permit.

The regulations may specify further grounds on which the Secretary may suspend, cancel or amend a poppy licence or poppy permit.

A suspension may be for a specified period, or until the fulfilment of specified conditions, or until further order of the Secretary.

A suspension, cancellation or amendment may be expressed to have effect at a specified future time, or to have effect at a specified future time unless a specified condition is fulfilled.

If the Secretary cancels a poppy licence or poppy permit, the Secretary may also disqualify the holder of the cancelled licence or permit, or if the holder is a corporation, a director of the corporation, from obtaining a poppy licence or a specified class of poppy licence or a poppy permit.

A disqualification may be expressed to have effect permanently, for a specified period, until the fulfilment of specified conditions or until further order of the Secretary.

A condition of a poppy licence or poppy permit imposed under this section may, without limitation, do either or both of the following—

restrict or prohibit the activities otherwise authorised by the poppy licence or poppy permit,

require the holder of the poppy licence or poppy permit to take specified action or to refrain from taking specified action, including, without limitation, a requirement—

to cultivate or harvest alkaloid poppies, or

to destroy alkaloid poppies or material derived from alkaloid poppies, or

to store or transport alkaloid poppies or material derived from alkaloid poppies, or

to allow an arrangement to be put in place for another person to do so under the licence or permit.

If the holder of a poppy licence or poppy permit contravenes a condition imposed under this section requiring the holder to take specified action, the Secretary may take that action and recover the cost of doing so from the holder as a debt in a court of competent jurisdiction.

Before the Secretary acts under this section, the Secretary must—

give written notice to the holder of the poppy licence or poppy permit of the proposed action specifying the reasons for the proposed action, and

unless satisfied that urgent action is required, allow the holder of the poppy licence or poppy permit at least 28 days within which to make submissions to the Secretary in relation to the proposed action.

If the Secretary suspends or cancels a poppy licence or poppy permit and the licence or permit is not returned to the Secretary within 14 days after the suspension or cancellation, the holder of the licence or permit is guilty of an offence.

in the case of a corporation—100 penalty units, or

in the case of an individual—20 penalty units.

The Secretary must cause notice of a suspension or cancellation of a poppy licence or poppy permit to be given to—

the Commissioner of Police, and

the holder of each related licence or permit.