Drugs Misuse Regulation 1987

This section states, for section 46 of the Act, definition planting seed, when cannabis seed is taken to have been harvested from a cannabis plant (a 0.5% THC plant) with a THC concentration, in the plant’s leaves and flowering heads, of not more than 0.5%.

Cannabis seed originating in the State is taken to have been harvested from a 0.5% THC plant if—

both of the following apply—

an authorised person, at the request of the licensee or on the authorised person’s own initiative, arranges for the THC concentration of a representative sample for the seed to be analysed;

the results of the analysis state the THC concentration of the representative sample is not more than 0.5%; and

the seed is labelled with the required particulars.

Also, cannabis seed originating in the State is taken to have been harvested from a 0.5% THC plant if—

both of the following apply—

an authorised person, at the request of the licensee or on the authorised person’s own initiative, authorises another person in writing to arrange for the THC concentration of a representative sample for the seed to be analysed in a NATA accredited laboratory;

the results of the analysis state the THC concentration of the representative sample is not more than 0.5%; and

the seed is labelled with the required particulars.

Cannabis seed originating in another State, or another country, is taken to have been harvested from a 0.5% THC plant if the recipient licensee—

takes reasonable steps to confirm that—

a representative sample for the seed has undergone an analysis that is substantially equivalent to an analysis mentioned in subsection (3)(a)(i); and

the results of the analysis state the THC concentration of the representative sample is not more than 0.5%; and

labels the cannabis seed with the required particulars.

In this section—

an inspector; or

another person authorised by the chief executive for the purpose of this section.