New South Wales Bills New South Wales Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Hemp Industry Bill 2008
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Definitions 2
4 Meaning of "close associate" 3
Part 2 Licensing scheme
5 Licence to cultivate or supply low-THC hemp 5
6 Offence not to comply with licence 5
7 Application for licence 5
8 Investigation of application 5
9 Suitability of applicant and close associates of applicant 6
10 Determination of licence application 7
11 Duration of licence 7
12 Conditions of licence 7
Hemp Industry Bill 2008
Contents
Page
13 Renewal of licence 8
14 Transfer of licence 8
15 Suspension of licence 9
16 Revocation of licence 9
Part 3 Investigation and enforcement powers
Division 1 Preliminary
17 Purposes for which powers under Part may be exercised 11
18 Appointment of inspectors 11
19 Identification of inspectors 11
20 Police officers to be inspectors 12
Division 2 Powers to require information or records and
give directions
21 Requirement to provide information and records 12
22 Provisions relating to records 12
23 Power to give directions to rectify breach of licence 12
24 Application of Division 13
Division 3 Powers of entry and search of premises
25 Power to enter premises 13
26 Entry into residential premises only with permission or
warrant 13
27 Powers to inspect and seize things 13
28 Search warrants 14
29 Assistance to be given to inspectors 15
30 Dealing with seized things 15
Division 4 Power to question persons
31 Power to require answers 16
32 Power to demand name and address 16
Division 5 General
33 Offences under this Part 16
34 Provisions relating to requirements to furnish records,
information or answer questions 17
Part 4 Miscellaneous
35 False or misleading statements 18
36 Forfeiture and destruction of low-THC hemp 18
37 Arrangements for supply of information 18
38 Review by ADT of certain licence decisions 19
39 Approved fees 19
Contents page 2
Hemp Industry Bill 2008
Contents
Page
40 Protection from personal liability 19
41 Delegation 20
42 Service of documents 20
43 Offences by corporations 20
44 Proceedings for offences 21
45 Penalty notices 21
46 Regulations 22
47 Act to bind Crown 22
48 Savings, transitional and other provisions 22
49 Amendment of Acts 22
50 Review of Act 23
Schedule 1 Savings, transitional and other provisions 24
Schedule 2 Amendment of Acts 26
Contents page 3
I certify that this public bill, which originated in the Legislative Assembly, has
finally passed the Legislative Council and the Legislative Assembly of New
South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2008
New South Wales
Hemp Industry Bill 2008
Act No , 2008
An Act to authorise and regulate the cultivation and supply of low-THC hemp for
commercial production and other legitimate uses; to amend the Drug Misuse and
Trafficking Act 1985; and for other purposes.
I have examined this bill and find it to correspond in all respects with the bill as
finally passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Clause 1 Hemp Industry Bill 2008
Part 1 Preliminary
The Legislature of New South Wales enacts:
Part 1 Preliminary
1 Name of Act
This Act is the Hemp Industry Act 2008.
2 Commencement
(1) This Act commences on a day or days to be appointed by proclamation,
except as provided by subsection (2).
(2) Section 3 and Schedules 1 and 2.1 [1] and [3] commence on the date of
assent to this Act.
3 Definitions
(1) In this Act:
close associate--see section 4.
corresponding authority means an authority issued under a
corresponding law that, in the opinion of the Director-General, 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 the Department of Primary Industries.
Director-General means the Director-General of the Department.
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.
inspector means a person appointed by the Director-General under
section 18.
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 or fibre) derived from any
such plant.
premises includes:
(a) a building or structure, or
Page 2
Hemp Industry Bill 2008 Clause 4
Preliminary Part 1
(b) land or a place (whether built on or not), or
(c) a vehicle, vessel or aircraft.
records includes plans, specifications, maps, reports, books and other
documents (whether in writing, in electronic form or otherwise).
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.
(2) Notes included in this Act do not form part of this Act.
4 Meaning of "close associate"
(1) 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:
(a) 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 Director-General) to
exercise a significant influence over or with respect to the
conduct of that business, or
(b) 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.
(2) In this section:
relevant financial interest in relation to a business means:
(a) any share in the capital of the business, or
(b) 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.
Page 3
Clause 4 Hemp Industry Bill 2008
Part 1 Preliminary
relevant power means any power, whether exercisable by voting or
otherwise and whether exercisable alone or in association with others:
(a) to participate in any directorial, managerial or executive decision,
or
(b) to elect or appoint any person to any relevant position.
Page 4
Hemp Industry Bill 2008 Clause 5
Licensing scheme Part 2
Part 2 Licensing scheme
5 Licence to cultivate or supply low-THC hemp
The Director-General may grant a licence authorising a person to
cultivate or supply low-THC hemp for any one or more of the following
purposes:
(a) for commercial production,
(b) for use in any manufacturing process,
(c) for scientific research, instruction, analysis or study,
(d) 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.
6 Offence not to comply with licence
A person who is the holder of a licence:
(a) must not cultivate or supply low-THC hemp otherwise than for
the purpose for which the licence is granted, and
(b) must comply with the conditions to which the licence is subject.
Maximum penalty: 100 penalty units or imprisonment for 2 years, or
both.
7 Application for licence
(1) A person may apply to the Director-General for a licence.
(2) An application for a licence must:
(a) be in the form approved by the Director-General, and
(b) be accompanied by such fee (if any) as may be approved by the
Director-General to cover the costs associated with the
assessment and determination of the application, and
(c) contain such information and particulars as are prescribed by the
regulations, and
(d) contain such other information, and be accompanied by such
other documents, as the Director-General may require to
determine the application.
8 Investigation of application
(1) On receiving an application for a licence, the Director-General is
authorised to carry out such investigations and inquiries as the
Director-General considers necessary to determine the application.
Page 5
Clause 9 Hemp Industry Bill 2008
Part 2 Licensing scheme
(2) In particular, the Director-General 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
Director-General, is a close associate of the applicant. It is the duty of
the Commissioner of Police to assist in any such criminal record check.
(3) The Director-General may, by notice in writing, require a person who is
an applicant for a licence or who, in the opinion of the Director-General,
is a close associate of the applicant to do any one or more of the
following things:
(a) 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,
(b) 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,
(c) to furnish to the Director-General such authorities and consents
as the Director-General directs for the purpose of enabling the
Director-General to obtain information (including financial and
other confidential information) from other persons concerning
the applicant or close associate.
(4) If a requirement made under this section is not complied with, the
Director-General may refuse to determine the application concerned.
(5) Any costs incurred by the Director-General in conducting a criminal
record check under this section are to be paid by the applicant for the
licence concerned.
9 Suitability of applicant and close associates of applicant
(1) This section applies in relation to a close associate of an applicant for a
licence only if the Director-General 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.
(2) The Director-General 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.
(3) In particular, the Director-General 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.
Page 6
Hemp Industry Bill 2008 Clause 10
Licensing scheme Part 2
(4) The Director-General 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.
(5) The Director-General may refuse to grant a licence to a person:
(a) if the person, or a close associate of the person, has been found
guilty of an offence that, in the opinion of the Director-General,
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
(b) on such other grounds the Director-General considers
appropriate.
(6) The regulations may make further provision for the circumstances in
which the Director-General may refuse, or is required to refuse, to grant
a licence to a person.
10 Determination of licence application
(1) The Director-General is to determine an application for a licence:
(a) by granting the application and issuing a licence to the applicant,
or
(b) by refusing the application.
(2) The Director-General is to give the applicant written notice of the
determination of the application. However, the Director-General is not
required to give any reasons for his or her decision.
(3) The Director-General's decision in relation to a licence application is
final and is not subject to review.
11 Duration of licence
Unless it is sooner revoked 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).
12 Conditions of licence
(1) A licence is subject to:
(a) such conditions as are imposed by this Act or prescribed by the
regulations, and
(b) such conditions as may be imposed by the Director-General, at
the time the licence is granted, renewed or transferred or at any
later time, and specified in the licence.
Page 7
Clause 13 Hemp Industry Bill 2008
Part 2 Licensing scheme
(2) A condition imposed by the Director-General 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.
(3) The Director-General 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
Director-General.
13 Renewal of licence
(1) An application for the renewal of a licence may be made to the
Director-General by the holder of the licence.
(2) If an application for the renewal of a licence is received by the
Director-General no later than 28 days before the date on which the
licence is due to expire, the licence is taken to continue in force until the
application is determined by the Director-General.
(3) Subject to the regulations, an application for the renewal of a licence is
to be dealt with as if it were an initial application for a licence.
Accordingly, sections 79 apply in relation to an application under this
section.
(4) The Director-General is to determine an application for the renewal of
a licence:
(a) by granting the application and issuing a licence to the applicant,
or
(b) by refusing the application.
(5) The Director-General is to give the applicant in writing of the
determination of the application.
14 Transfer of licence
(1) An application for the transfer of a licence may be made jointly by the
holder of the licence and the person named in the application as the
transferee.
(2) Subject to the regulations, an application for the transfer of a licence is
to be dealt with as if it were an initial application by the transferee for a
licence. Accordingly, sections 79 apply in relation to an application
under this section.
(3) The Director-General is to determine an application for the transfer of a
licence:
(a) by granting the application and transferring the licence to the
transferee, or
(b) by refusing the application.
Page 8
Hemp Industry Bill 2008 Clause 15
Licensing scheme Part 2
(4) The Director-General is to give the joint applicants written notice of the
determination of the application. However, the Director-General is not
required to give any reasons for his or her decision.
(5) The Director-General's decision in relation to an application for the
transfer of a licence is final and is not subject to review.
15 Suspension of licence
(1) The Director-General may, if the Director-General is satisfied there
may be grounds for revoking a licence, suspend the licence by giving
the licensee a written notice stating that the licence is suspended. The
regulations may specify other grounds on which a licence may be
suspended by the Director-General.
(2) The suspension of a licence continues until either:
(a) the licence is revoked under section 16, or
(b) the Director-General gives the licensee a written notice stating
that the suspension is lifted.
(3) The authority conferred by a licence ceases to have effect during the
period that the licence is suspended.
(4) However, the Director-General may authorise a person, during the
period that a licence is suspended, to cultivate or supply, in accordance
with the conditions of the licence, any low-THC hemp that was in the
possession of the licence holder immediately before the suspension took
effect.
16 Revocation of licence
(1) A licence may be revoked by the Director-General:
(a) if the licensee contravenes any provision of this Act or the
regulations, whether or not the licensee has been convicted of an
offence for the contravention, or
(b) on such other grounds as may be prescribed by the regulations.
Note. Failing to comply with the conditions of a licence is a contravention of the
Act.
(2) The Director-General must revoke a licence if the Director-General is
satisfied that, if the licensee were applying for a new licence, the
application would be required by this Act to be refused.
(3) A licence is revoked by the Director-General by serving on the licensee
a written notice stating that the licence is revoked. The revocation takes
effect when the notice is served or on a later date specified in the notice.
Page 9
Clause 16 Hemp Industry Bill 2008
Part 2 Licensing scheme
(4) The Director-General may, by serving a further written notice on the
holder of a licence, cancel a notice revoking a licence before the notice
takes effect.
Page 10
Hemp Industry Bill 2008 Clause 17
Investigation and enforcement powers Part 3
Part 3 Investigation and enforcement powers
Division 1 Preliminary
17 Purposes for which powers under Part may be exercised
(1) Powers may be exercised under this Part for the following purposes:
(a) for determining whether there has been compliance with, or a
contravention of, this Act or the regulations,
(b) for determining whether the holder of a licence is cultivating or
supplying any cannabis that is not low-THC hemp,
(c) in connection with exercising the functions of an inspector under
this Act,
(d) for obtaining information or records for purposes connected with
the administration of this Act,
(e) generally for administering this Act.
(2) For the purposes of subsection (1) (b), cannabis means cannabis leaf,
cannabis oil, cannabis plant and cannabis resin as defined in the Drug
Misuse and Trafficking Act 1985.
18 Appointment of inspectors
(1) The Director-General may appoint any person, or persons included in a
class of persons, to be an inspector or inspectors for the purposes of this
Act.
(2) The Director-General may, in and by the instrument of an inspector's
appointment, limit the functions that the inspector may exercise under
this Act.
(3) An inspector is, to the extent to which the inspector is exercising
functions as an inspector under this Act, subject to the control and
direction of the Director-General.
19 Identification of inspectors
(1) The Director-General is to cause each inspector to be issued with a
means of identification in the form approved by the Director-General.
(2) In the course of exercising the functions of an inspector under this Act,
the inspector must, if requested to do so by any person affected by the
exercise of any such function, produce the inspector's identification for
inspection by the person unless to do so would defeat the purpose for
which the functions are to be exercised.
Page 11
Clause 20 Hemp Industry Bill 2008
Part 3 Investigation and enforcement powers
20 Police officers to be inspectors
(1) A police officer may exercise the functions of an inspector under this
Act.
(2) A reference in this Act (other than in section 18 or 19) to an inspector
includes a reference to a police officer in the course of exercising, as
referred to in this section, the functions of an inspector.
Division 2 Powers to require information or records and give
directions
21 Requirement to provide information and records
(1) The Director-General or an inspector may, by notice in writing given to
a person, require the person to furnish to the Director-General or
inspector such information or records (or both) as the Director-General
or inspector requires by the notice in connection with any matter arising
under or in connection with this Act or the regulations.
(2) Any such notice must specify the manner in which information or
records are required to be furnished and a reasonable time by which the
information or records are required to be furnished.
22 Provisions relating to records
(1) A notice under this Division may only require a person to furnish
records that are in the person's possession or that are within the person's
power to obtain lawfully.
(2) The person to whom any record is furnished under this Division may
take copies of it.
(3) If any record required to be furnished under this Division is in
electronic, mechanical or other form, the notice requires the record to be
furnished in written form, unless the notice otherwise provides.
23 Power to give directions to rectify breach of licence
(1) The Director-General or an inspector may direct the holder of a licence,
by notice in writing, to carry out such work or other actions as the
Director-General or inspector considers necessary to rectify any breach
of the licence.
(2) If the requirements of the notice are not complied with within the period
specified in it, the Director-General or inspector:
(a) may cause the work or actions specified in the notice to be carried
out, and
Page 12
Hemp Industry Bill 2008 Clause 24
Investigation and enforcement powers Part 3
(b) may, by proceedings brought in any court of competent
jurisdiction, recover as a debt from the licensee to whom the
notice was given the reasonable cost of complying with those
requirements.
24 Application of Division
This Division applies whether or not a power of entry under Division 3
is being or has been exercised.
Division 3 Powers of entry and search of premises
25 Power to enter premises
(1) An inspector may enter any premises at any time for the purposes
referred to in section 17.
(2) Entry may be effected under this Act by an inspector with such
assistance as the inspector considers necessary and with the use of
reasonable force.
26 Entry into residential premises only with permission or warrant
This Division does not empower an inspector to enter any part of
premises used only for residential purposes without the permission of
the occupier or the authority of a search warrant under section 28.
27 Powers to inspect and seize things
(1) An inspector may, on any premises lawfully entered, do anything that
in the opinion of the inspector is necessary to be done for the purposes
of this Part, including (but not limited to) the things specified in
subsection (2).
(2) An inspector may do any or all of the following:
(a) carry out surveillance activities,
(b) examine and inspect any part of the premises or any article or
thing on the premises,
(c) make such examinations and inquiries as the inspector considers
necessary,
(d) require records to be produced for inspection,
(e) examine and inspect any records,
(f) take copies of any records,
(g) take and remove samples of any plant or thing for analysis,
Page 13
Clause 28 Hemp Industry Bill 2008
Part 3 Investigation and enforcement powers
(h) seize anything that the inspector has reasonable grounds for
believing is connected with an offence under this Act, the
regulations or the Drug Misuse and Trafficking Act 1985,
(i) do any other thing the inspector is empowered to do under this
Part.
(3) The power to seize anything connected with an offence includes a
power to seize:
(a) a thing with respect to which the offence has been committed,
and
(b) a thing that will afford evidence of the commission of the
offence, and
(c) a thing that was used for the purpose of committing the offence.
A reference to any such offence includes a reference to an offence that
there are reasonable grounds for believing has been committed.
28 Search warrants
(1) An inspector may apply to an authorised officer for the issue of a search
warrant if the inspector believes on reasonable grounds that:
(a) a provision of this Act, the regulations or the Drug Misuse and
Trafficking Act 1985 is being or has been contravened at any
premises, or
(b) there is in or on any premises any matter or a thing that is
connected with an offence under this Act, the regulations or the
Drug Misuse and Trafficking Act 1985.
(2) An authorised officer to whom such an application is made may, if
satisfied that there are reasonable grounds for doing so, issue a search
warrant authorising an inspector named in the warrant:
(a) to enter the premises, and
(b) to exercise any function of an inspector under this Division.
(3) Division 4 of Part 5 of the Law Enforcement (Powers and
Responsibilities) Act 2002 applies to a search warrant issued under this
section.
(4) In this section:
authorised officer has the same meaning as in the Law Enforcement
(Powers and Responsibilities) Act 2002.
matter or a thing connected with an offence means:
(a) matter or a thing with respect to which the offence has been
committed, or
Page 14
Hemp Industry Bill 2008 Clause 29
Investigation and enforcement powers Part 3
(b) matter or a thing that will afford evidence of the commission of
an offence, or
(c) matter or a thing that was used, or is intended to be used, for the
purpose of committing the offence.
offence includes an offence that there are reasonable grounds for
believing has been, or is to be, committed.
29 Assistance to be given to inspectors
(1) This section applies for the purpose of enabling an inspector to exercise
any of the powers of an inspector under this Division in connection with
any premises.
(2) The Director-General may, by notice in writing given to the owner or
occupier of the premises, require the owner or occupier to provide such
reasonable assistance and facilities as are specified in the notice within
a specified time and in a specified manner.
(3) Assistance and facilities can be required under this section, whether
they are of the same kind as, or a different kind from, any prescribed by
the regulations.
30 Dealing with seized things
(1) If an inspector seizes anything under section 27 on any premises, the
inspector must issue the person apparently in charge of the premises
with a written receipt for the thing seized.
(2) An inspector may retain anything seized under section 27 until the
completion of any proceedings (including proceedings on appeal) in
which it may be evidence.
(3) A record may only be retained under subsection (2) if the person from
whom the record was seized is provided, within a reasonable time after
the seizure, with a copy of the record certified by the inspector as a true
copy. The copy is, as evidence, of equal validity to the document of
which it is certified to be a copy.
(4) Subsection (2) ceases to have effect in relation to anything seized if, on
the application of a person aggrieved by the seizure, the court in which
proceedings referred to in that subsection are commenced so orders.
(5) For the removal of any doubt, anything seized under section 27 may be
used as evidence in proceedings for an offence under this or any other
Act.
Page 15
Clause 31 Hemp Industry Bill 2008
Part 3 Investigation and enforcement powers
Division 4 Power to question persons
31 Power to require answers
(1) An inspector may require a person whom the inspector suspects on
reasonable grounds to have knowledge of matters in respect of which
information is reasonably required for the purposes of this Act to
answer questions in relation to those matters.
(2) The Director-General may, by notice in writing, require a corporation to
nominate, in writing within the time specified in the notice, a director or
officer of the corporation to be the corporation's representative for the
purpose of answering questions under this section.
(3) Answers given by a person nominated under subsection (2) bind the
corporation.
32 Power to demand name and address
An inspector may require a person whom the inspector suspects on
reasonable grounds to have offended or to be offending against this Act
or the regulations to state his or her full name and residential address.
Division 5 General
33 Offences under this Part
(1) A person must not, without lawful excuse, refuse or fail to comply with
a requirement made of the person under this Part.
(2) A person must not furnish any information or do any other thing in
purported compliance with a requirement made under this Part,
knowing that it is false or misleading in a material respect.
(3) A person must not wilfully:
(a) obstruct, delay, hinder, assault, threaten, insult or intimidate an
inspector in the exercise of the inspector's powers under this Part,
or
(b) refuse to allow an inspector to enter any premises the inspector
may lawfully enter under this Part.
(4) A person must not impersonate an inspector.
Maximum penalty: 100 penalty units.
Page 16
Hemp Industry Bill 2008 Clause 34
Investigation and enforcement powers Part 3
34 Provisions relating to requirements to furnish records, information or
answer questions
(1) Warning to be given on each occasion
A person is not guilty of an offence of failing to comply with a
requirement under this Part to furnish records or information or to
answer a question unless the person was warned on that occasion that a
failure to comply is an offence.
(2) Self-incrimination not an excuse
A person is not excused from a requirement under this Part to furnish
any records or information or to answer a question on the ground that
the record, information or answer might incriminate the person or make
the person liable to a penalty.
(3) Information or answer not admissible if objection made
However, any information furnished or answer given by a natural
person in compliance with a requirement under this Part is not
admissible in evidence against the person in criminal proceedings
(except proceedings for an offence under this Part) if:
(a) the person objected at the time to doing so on the ground that it
might incriminate the person, or
(b) the person was not warned on that occasion that the person may
object to furnishing the information or giving the answer on the
ground that it might incriminate the person.
(4) Records admissible
Any record furnished by a person in compliance with a requirement
under this Part is not inadmissible in evidence against the person in
criminal proceedings on the ground that the record might incriminate
the person.
(5) Further information
Further information obtained as a result of a record or information
furnished or of an answer given in compliance with a requirement under
this Part is not inadmissible on the ground:
(a) that the record or information had to be furnished or the answer
had to be given, or
(b) that the record or information furnished or answer given might
incriminate the person.
(6) Requirement to state name and address
This section extends to a requirement under this Part to state a person's
name and address.
Page 17
Clause 35 Hemp Industry Bill 2008
Part 4 Miscellaneous
Part 4 Miscellaneous
35 False or misleading statements
(1) A person must not, in any official document, make a statement that the
person knows, or could reasonably be expected to know:
(a) is false or misleading in a material respect, or
(b) omits material matter.
Maximum penalty: 100 penalty units or imprisonment for 2 years, or
both.
(2) In this section:
official document means any application under this Act or any other
document that is required to be provided to the Director-General under
this Act or the regulations.
36 Forfeiture and destruction of low-THC hemp
(1) If a person is found guilty by a court of an offence under this Act or the
regulations, the court may order the forfeiture to the Crown of any
low-THC hemp that was, at the time of the commission of the offence,
in the person's possession or apparently under the person's control.
(2) If a licence is revoked, any low-THC hemp in the possession of the
former licensee or apparently under the former licensee's control is
forfeited to the Crown.
(3) Any low-THC hemp that is forfeited to the Crown under this section is
to be destroyed in accordance with the directions of the
Director-General.
(4) However, the Director-General may, instead of directing the destruction
of the low-THC hemp, authorise a person to take possession of the
low-THC hemp, on behalf of the Crown, so that it can be cultivated or
supplied for a purpose specified by the Director-General.
(5) If any low-THC hemp is destroyed under this section, the person
referred to in subsection (1) or the former licensee, as the case requires,
must pay to the Crown the reasonable costs of the destruction.
37 Arrangements for supply of information
(1) For the purposes of assisting in the administration of this Act, the
Director-General may enter into arrangements with a relevant agency
for the supply to the Director-General of any information held by the
agency.
(2) Any such arrangement is sufficient authority for the supply of the
information concerned.
Page 18
Hemp Industry Bill 2008 Clause 38
Miscellaneous Part 4
(3) In this section:
relevant agency means:
(a) the NSW Police Force or the police force of another State or
Territory or of an overseas jurisdiction, or
(b) the Australian Federal Police, or
(c) the New South Wales Crime Commission, or
(d) the Australian Crime Commission, or
(e) any other authority or person responsible for the investigation or
prosecution of offences against the laws of the State or of the
Commonwealth, another State or Territory or an overseas
jurisdiction, or
(f) any person or agency exercising functions under a corresponding
law, or
(g) any other person or body prescribed by the regulations for the
purposes of this section.
38 Review by ADT of certain licence decisions
A person may apply to the Administrative Decisions Tribunal for a
review of a decision by the Director-General:
(a) to impose a condition on a licence held by the person or to vary
any such condition imposed by the Director-General, or
(b) to refuse to renew a licence granted to the person, or
(c) to suspend or revoke a licence held by the person.
39 Approved fees
(1) The amount of a fee approved by the Director-General under this Act
must not exceed the amount (if any) prescribed in respect of any such
fee by the regulations.
(2) The Director-General may waive all or part of any fee payable under
this Act in any circumstances the Director-General considers
appropriate.
40 Protection from personal liability
(1) Any matter or thing done or omitted to be done by a person who is:
(a) the Director-General, or
(b) acting under the direction of the Director-General, or
(c) a member of staff of the Department, or
Page 19
Clause 41 Hemp Industry Bill 2008
Part 4 Miscellaneous
(d) an inspector,
does not, if the matter or thing was done or omitted to be done in good
faith for the purpose of exercising a function under this Act, make the
person personally liable to any action, liability, claim or demand in
respect of that matter or thing.
(2) However, any such liability attaches instead to the Crown.
41 Delegation
The Director-General may delegate the exercise of any function of the
Director-General under this Act (other than this power of delegation) to:
(a) any member of staff of the Department, or
(b) any person, or any class of persons, authorised for the purposes
of this section by the regulations.
42 Service of documents
(1) A document that is authorised or required by this Act or the regulations
to be served on, or given to, any person may be served or given by:
(a) in the case of a natural person:
(i) delivering it to the person personally, or
(ii) sending it by post to the address specified by the person for
the giving or service of documents or, if no such address is
specified, the residential or business address of the person
last known to the person giving or serving the document,
or
(iii) sending it by facsimile transmission to the last known
facsimile number of the person, or
(b) in the case of a body corporate:
(i) leaving it with a person apparently of or above the age of
16 years at, or by sending it by post to, the head office, a
registered office or a principal office of the body corporate
or to an address specified by the body corporate for the
giving or service of documents, or
(ii) sending it by facsimile transmission to the last known
facsimile number of the body corporate.
(2) Nothing in this section affects the operation of any provision of a law or
of the rules of a court authorising a document to be served on a person
in any other manner.
43 Offences by corporations
(1) If a corporation contravenes any provision of this Act, each person who
is a director of the corporation or who is concerned in the management
Page 20
Hemp Industry Bill 2008 Clause 44
Miscellaneous Part 4
of the corporation is taken to have contravened the same provision if the
person knowingly authorised or permitted the contravention.
(2) A person may be proceeded against and convicted under a provision
pursuant to subsection (1) whether or not the corporation has been
proceeded against or convicted under that provision.
(3) Nothing in this section affects any liability imposed on a corporation for
an offence committed by the corporation under this Act.
44 Proceedings for offences
(1) Proceedings for an offence under this Act or the regulations may be
dealt with summarily before the Local Court.
(2) Any such proceedings must be commenced not later than 12 months
from when the offence was alleged to have been committed.
45 Penalty notices
(1) An authorised officer may serve a penalty notice on a person if it
appears to the officer that the person has committed an offence under
this Act, being an offence prescribed by the regulations.
(2) A penalty notice is a notice to the effect that, if the person served does
not wish to have the matter determined by a court, the person may pay
within a time and to a person specified in the notice the amount of
penalty prescribed by the regulations for the offence if dealt with under
this section.
(3) A penalty notice may be served personally or by post.
(4) If the amount of penalty prescribed for an alleged offence is paid under
this section, no person is liable to any further proceedings for the
alleged offence.
(5) Payment under this section is not to be regarded as an admission of
liability for the purpose of, and does not in any way affect or prejudice,
any civil proceeding arising out of the same occurrence.
(6) The regulations may:
(a) prescribe an offence for the purposes of this section by specifying
the offence or by referring to the provision creating the offence,
and
(b) prescribe the amount of penalty payable for the offence if dealt
with under this section, and
(c) prescribe different amounts of penalties for different offences or
classes of offences.
Page 21
Clause 46 Hemp Industry Bill 2008
Part 4 Miscellaneous
(7) The amount of a penalty prescribed under this section for an offence
must not exceed the maximum amount of penalty that could be imposed
for the offence by a court.
(8) This section does not limit the operation of any other provision of, or
made under, this or any other Act relating to proceedings that may be
taken in respect of offences.
(9) In this section:
authorised officer means a police officer or an inspector.
46 Regulations
(1) The Governor may make regulations, not inconsistent with this Act, for
or with respect to any matter that by this Act is required or permitted to
be prescribed or that is necessary or convenient to be prescribed for
carrying out or giving effect to this Act.
(2) In particular, the regulations may:
(a) require holders of licences to keep records for the purposes of this
Act and to provide reports to the Director-General on such
matters as may be prescribed by the regulations, and
(b) make provision for the charging of annual licence fees and other
fees associated with the administration of the licensing scheme
under this Act (including provision for the payment of such fees
by instalments), and
(c) make further provision for or with respect to the suspension,
renewal and transfer of licences.
(3) The regulations may create offences punishable by a penalty not
exceeding 50 penalty units.
47 Act to bind Crown
This Act binds the Crown in right of New South Wales and, in so far as
the legislative power of the Parliament of New South Wales permits, the
Crown in all its other capacities.
48 Savings, transitional and other provisions
Schedule 1 has effect.
49 Amendment of Acts
The Acts specified in Schedule 2 are amended as set out in that
Schedule.
Page 22
Hemp Industry Bill 2008 Clause 50
Miscellaneous Part 4
50 Review of Act
(1) The Minister is to review this Act to determine whether the policy
objectives of the Act remain valid and whether the terms of the Act
remain appropriate for securing those objectives.
(2) The review is to be undertaken as soon as possible after the period of
5 years from the date of assent to this Act.
(3) A report on the outcome of the review is to be tabled in each House of
Parliament within 12 months after the end of the period of 5 years.
Page 23
Hemp Industry Bill 2008
Schedule 1 Savings, transitional and other provisions
Schedule 1 Savings, transitional and other
provisions
(Section 48)
Part 1 General
1 Regulations
(1) The regulations may contain provisions of a savings or transitional
nature consequent on the enactment of the following Acts:
this Act
(2) Any such provision may, if the regulations so provide, take effect from
the date of assent to the Act concerned or a later date.
(3) To the extent to which any such provision takes effect from a date that
is earlier than the date of its publication in the Gazette, the provision
does not operate so as:
(a) to affect, in a manner prejudicial to any person (other than the
State or an authority of the State), the rights of that person
existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an
authority of the State) in respect of anything done or omitted to
be done before the date of its publication.
Part 2 Provisions consequent on enactment of this
Act
2 Existing authorities under Drug Misuse and Trafficking Act 1985 in
relation to low-THC hemp
(1) In this clause:
existing authority means an authority:
(a) granted by the Director-General of the Department of Health
under section 23 (4) (b) of the Drug Misuse and Trafficking Act
1985 (whether or not in conjunction with an authority granted by
that Director-General under any other provision of that Act), and
(b) that relates to the cultivation, possession or supply of low-THC
hemp for the purpose of scientific research, instruction, analysis
or study, and
(c) that is in force immediately before the date of assent to this Act.
(2) An existing authority ceases to have effect on the commencement of
Part 2 of this Act.
Page 24
Hemp Industry Bill 2008
Savings, transitional and other provisions Schedule 1
(3) A person acting in accordance with an existing authority is, on the
commencement of Part 2 of this Act, taken to be the holder of a licence
under this Act authorising the person to cultivate or supply low-THC
hemp for the purpose of scientific research, instruction, analysis or
study:
(a) for the remainder of the term for which the existing authority was
granted, or
(b) if the existing authority was not granted for a specified term--for
such period as the Director-General may specify by written
notice given to the holder of the licence.
(4) The conditions to which any such existing authority is subject are taken
to be conditions imposed by the Director-General under this Act and
may be varied or revoked in accordance with this Act.
(5) If, but for this subclause, an existing authority would expire before the
commencement of Part 2 of this Act, the existing authority continues to
have effect under and for the purposes of the Drug Misuse and
Trafficking Act 1985 until such time as Part 2 of this Act commences.
Page 25
Hemp Industry Bill 2008
Schedule 2 Amendment of Acts
Schedule 2 Amendment of Acts
(Section 49)
2.1 Drug Misuse and Trafficking Act 1985 No 226
[1] Section 3 Definitions
Insert in alphabetical order in section 3 (1):
low-THC hemp has the same meaning as in the Hemp Industry
Act 2008.
[2] Section 8A
Insert after section 8:
8A Relationship with Hemp Industry Act 2008
(1) Nothing in this Act affects any provision of or made under the
Hemp Industry Act 2008 or renders unlawful anything done in
accordance with any such provision.
(2) Without limiting the generality of subsection (1), nothing in this
Act renders unlawful:
(a) cultivating or supplying, or taking part in cultivating or
supplying, low-THC hemp under the authority conferred
by the Hemp Industry Act 2008, or
(b) manufacturing or producing, or taking part in
manufacturing or producing, low-THC hemp or anything
containing low-THC hemp if that hemp was cultivated or
supplied under the authority conferred by the Hemp
Industry Act 2008 or under a corresponding authority, or
(c) possessing low-THC hemp or anything containing
low-THC hemp if that hemp was cultivated or supplied
under the authority conferred by the Hemp Industry Act
2008 or under a corresponding authority.
(3) In this section, corresponding authority has the same meaning as
in the Hemp Industry Act 2008.
[3] Section 41A
Insert after section 41:
41A Authorities for low-THC hemp not to be granted
The Director-General of the Department of Health is not
authorised to grant an authority under section 10 (2) (b),
Page 26
Hemp Industry Bill 2008
Amendment of Acts Schedule 2
11C (2) (b), 23 (4) (b), 24 (4) (b), 25 (4) (b) or 25A (9) (b) in
relation to low-THC hemp.
2.2 Fines Act 1996 No 99
Schedule 1 Statutory provisions under which penalty notices issued
Insert in alphabetical order of Acts:
Hemp Industry Act 2008, section 45
2.3 Law Enforcement (Powers and Responsibilities) Act 2002
No 103
Schedule 2 Search warrants under other Acts
Insert in alphabetical order of Acts:
Hemp Industry Act 2008, section 28
2.4 Poisons and Therapeutic Goods Act 1966 No 31
Section 5A
Insert after section 5:
5A Relationship with Hemp Industry Act 2008
Nothing in this Act or the regulations under this Act or in the
Commonwealth therapeutic goods laws (to the extent they apply
as a law of New South Wales) affects any provision of or made
under the Hemp Industry Act 2008 or renders unlawful anything
done in accordance with any such provision.
Page 27
[Index] [Search] [Download] [Related Items] [Help]