New South Wales Consolidated Acts

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HEMP INDUSTRY ACT 2008 - SCHEDULE 1

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.
(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.



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