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DRUGS MISUSE ACT 1986 - SECT 46

46 Definitions for pt 5B

In this part--

affected by bankruptcy action, for an individual, means the individual, in any jurisdiction--

(a) is bankrupt; or
(b) has compounded with creditors; or
(c) has otherwise taken, or applied to take, advantage of any law about bankruptcy.

cannabis means cannabis sativa.

category 1 researcher means a person who holds a category 1 researcher licence that is in force.

category 1 researcher licence means a category 1 researcher licence issued under section 49.

category 2 researcher means a person who holds a category 2 researcher licence that is in force.

category 2 researcher licence means a category 2 researcher licence issued under section 49.

certified cannabis seed means seed certified, in the way prescribed under a regulation, by any of the following as seed that will produce cannabis plants with a THC concentration in their leaves and flowering heads of not more than 0.5%--

(a) a grower; or
(b) a category 1 or category 2 researcher; or
(c) a person authorised under a regulation under section 48 to supply industrial 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.

convicted of an offence means that the person has been found guilty of the offence, on a plea of guilty or otherwise, whether or not a conviction was recorded.

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) certified cannabis seed.

information notice, for a decision of the chief executive under this part, is a written notice stating--

(a) the decision; and
(b) the reasons for the decision; and
(c) that the person to whom the notice is given may appeal to the District Court against the decision within 21 days after receiving the notice.

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.

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 person authorised under a regulation under section 48 to denature the seed at another place.

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.

serious offence means--

(a) any of the following offences, whether or not prosecuted on indictment--
(i) an offence involving fraud or dishonesty punishable by 3 or more years imprisonment;
(ii) an offence against section 5, 6 or 8;
(iii) an offence against section 8A or 9 punishable by 3 or more years imprisonment;
(iv) an offence involving the use or threatened use of violence punishable by 3 or more years imprisonment; or
(b) extortion; or
(c) an offence against a provision of the Criminal Code mentioned in the schedule; or
(d) an offence that, if committed in Queensland, would be a serious offence under paragraph (a), (b) or (c).


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