New South Wales Consolidated Acts

HEMP INDUSTRY ACT 2008 - SECT 36

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.