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DRUGS MISUSE ACT 1986 - SECT 46 Definitions for pt 5B

DRUGS MISUSE ACT 1986 - SECT 46

Definitions for pt 5B

46 Definitions for pt 5B

In this part—


"affected by bankruptcy action" ...


"cannabis" means Cannabis sativa.


"category 1 researcher" ...


"category 1 researcher licence" ...


"category 2 researcher" ...


"category 2 researcher licence" ...


"certified cannabis seed" ...


"class A research cannabis plant" means a cannabis plant that has a THC concentration in its leaves and flowering heads of 3% or more.


"class A research cannabis seed" means—

(a) seed harvested from a class A research cannabis plant; or
(b) seed that, if grown, will produce a class A research cannabis plant.

"class B research cannabis plant" means a cannabis plant that has a THC concentration in its leaves and flowering heads of more than 1% but less than 3%.


"class B research cannabis seed" means—
(a) seed harvested from a class B research cannabis plant; or
(b) seed that, if grown, will produce a class B research cannabis plant.

"close associate" , of an applicant or licensee, means any of the following—
(a) a person who—
(i) holds or will hold any relevant financial interest in the business of the applicant or licensee; and
(ii) because of the interest, is or will be able to exercise a significant influence over or in relation to the conduct of that business;
(b) a person who—
(i) 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 applicant or licensee; and
(ii) because of the power, is or will be able to exercise a significant influence over or in relation to the conduct of that business;
(c) a person who 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 applicant or licensee.

"compliance notice" see section 110A (2) .


"convicted" ...


"criminal history" , of a person, means the person’s criminal history as defined under the Criminal Law (Rehabilitation of Offenders) Act 1986 .


"denatured" , for seed harvested from industrial cannabis plants, means that the seed will not grow because it has been cracked, de-hulled, heated, or treated in another way that prevents growth.


"executive officer" , of a corporation, means any person, by whatever name called and whether or not the person is a director of the corporation, who is concerned, or takes part, in the management of the corporation.


"grower" means a person who holds a grower licence that is in force.


"grower licence" means a grower licence issued under section 49 .


"industrial cannabis fibre" means fibre from industrial cannabis plants.


"industrial cannabis plant" means a cannabis plant with a THC concentration in its leaves and flowering heads of not more than 1%.


"industrial cannabis seed" means—
(a) cannabis seed harvested from an industrial cannabis plant; or
(b) planting seed.

"information notice" means a notice complying with the QCAT Act , section 157 (2) .


"inspector" means a person appointed under this part as an inspector.


"licence" means a licence issued under section 49 .


"licensee" means the holder of a licence that is in force.


"planting seed" means cannabis seed that is, in accordance with a regulation, taken to have been harvested from a cannabis plant with a THC concentration, in the plant’s leaves and flowering heads, of not more than 0.5%.


"prescribed photograph" , of a person, means a recent colour photograph of the person of a size prescribed under a regulation and certified as a photograph of the person in the way prescribed under a regulation.


"processed cannabis" means—
(a) industrial cannabis plants that—
(i) have been harvested or chemically or mechanically treated or artificially treated in another way; and
(ii) have no leaf, flowers or seed; or
(b) seed from industrial cannabis plants grown by a holder of a grower licence under part 5B and denatured
(i) on the place stated in the licence; or
(ii) by a seed handler.

"relevant authority" means—
(a) a licence; or
(b) an authority under section 48 .

"relevant position" , in relation to a business, means a position whose holder participates in the management of the business (whether in the capacity of a director, manager or secretary or in another capacity).


"relevant power" , in relation to a business, means any power, whether exercisable by voting or otherwise and whether exercisable alone or in association with others—
(a) to participate in any managerial or executive decision for the business; or
(b) to elect or appoint any person to any relevant position in the business.

"researcher" means a person who holds a researcher licence that is in force.


"researcher licence" means a researcher licence issued under section 49 .


"seed handler" means a person who holds a seed handler licence that is in force.


"seed handler licence" means a seed handler licence issued under section 49 .


"serious offence" ...