1Title
These Regulations may be cited as the Hemp Industry
Regulations 2020.
Bills and explanatory statements from legislation.nt.gov.au; second reading speeches from the NT Parliamentary Record (Territory Stories). Links open the official source in a new tab.
These Regulations may be cited as the Hemp Industry
Regulations 2020.
These Regulations commence on the day on which they are notified in the Gazette.
In these Regulations:
class A research licence means a class A research licence referred to in section 8(2) of the Act.
class B research licence means a class B research licence referred to in section 8(3) of the Act.
commercial licence means a commercial licence referred to in section 8(1) of the Act.
corresponding law means one of the following laws or an instrument made under one of the following laws:
Customs (Prohibited Imports) Regulations 1956 (Cth);
Drugs Misuse Act 1986 (Qld);
Drugs, Poisons and Controlled Substances Act 1981 (Vic);
Hemp Fibre Industry Facilitation Act 2004 (ACT);
Hemp Industry Act 2008 (NSW);
Industrial Hemp Act 2004 (WA);
Industrial Hemp Act 2015 (Tas);
Industrial Hemp Act 2017 (SA);
Narcotic Drugs Act 1967 (Cth).
cultivation area means an area of land on which hemp plants are cultivated.
denatured, for hemp seed, means that the seed will not grow because it has been cracked, de-hulled, heated or treated in another way that prevents growth.
infringement notice means an infringement notice served under regulation 28.
infringement notice offence means an offence against a provision specified in the Schedule.
licensed person means a person who may carry out activities authorised by a licence under section 8(4) of the Act.
prescribed amount for an infringement notice offence is the amount equal to the monetary value of the number of penalty units specified for the offence in the Schedule.
For section 9(2)(b) of the Act, the prescribed fee for an application is as follows:
for a commercial licence – 1 033 revenue units;
(b) for a class A research licence – 1 446 revenue units;
(c) for a class B research licence – 2 479 revenue units.
For section 17(3)(b) of the Act, the prescribed fee for an amendment or revocation of a condition of a licence is 83 revenue units.
For section 18(3)(b) of the Act, the prescribed fee for renewal of a licence is the same as the application fee in regulation 4.
The CEO may waive, in whole or in part, the fee under regulation 4,
5 or 6 otherwise payable for an application by the Agency in relation to a class A or class B research licence.
The amount of any reasonable costs incurred in relation to the following may be recovered by the Territory from a licensee as a debt owed to the Territory:
taking, removing or analysing samples of the licensee's hemp;
conducting tests of the licensee's hemp;
(c) dealing with material seized or surrendered from the licensee, including destroying hemp plant under regulation 22(5) or 23(5).
(1) For section 12(1)(c) of the Act, an applicant must be a fit and proper person to hold a licence.
(2) Without limiting subregulation (1), a person is not a fit and proper person to hold a licence if the person was found guilty of any of the following offences within 10 years before the day the application is made:
an indictable offence involving dishonesty or fraud;
(b) an indictable offence against Part II, Division 1, Subdivisions 1 to 3 of the Misuse of Drugs Act 1990;
(c) an indictable offence involving the possession, use or supply of a prohibited substance under the Medicines, Poisons and Therapeutic Goods Act 2012;
(d) an offence against Chapter 9, Part 9.1 of the Criminal Code (Cth);
an offence against the Narcotic Drugs Act 1967 (Cth).
Regulations 11 to 14 are prescribed as conditions for all licences.
(1) If supplying live hemp plants, hemp tissue culture or viable hemp seed under a licence, a licensed person must provide a consignment notice to accompany the hemp.
The consignment notice must be in the approved form.
(3) A licensed person must not import hemp from outside Australia unless licensed or permitted to import the hemp under the Customs (Prohibited Imports) Regulations 1956 (Cth).
(4) If marketing low THC hemp under a licence, a licensed person must not state or imply that low THC hemp is psychoactive.
Within 7 days after planting hemp, a licensee must notify the CEO of the location, including Global Positioning System coordinates, of the cultivation area.
A licensed person must not cultivate hemp from any hemp seed, cutting, germplasm or other material unless it is supplied by a person authorised to do so under the Act or a corresponding law.
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