(1) This section states, for section 46 of the Act , definition "planting seed" , when cannabis seed is taken to have been harvested from a
cannabis plant (a
"0.5% THC plant" ) with a THC concentration, in the plant’s leaves and
flowering heads, of not more than 0.5%.
(2) Cannabis seed originating in the
State is taken to have been harvested from a 0.5% THC plant if—
(ii)
the results of the analysis state the THC concentration of the
representative sample is not more than 0.5%; and
(b) the seed is labelled
with the required particulars.
Note—
See section 27Cfor additional
labelling requirements.
(3) Also, cannabis seed originating in the State is
taken to have been harvested from a 0.5% THC plant if—
(a) both of the
following apply—
(i) an authorised person, at the request of the licensee or
on the authorised person’s own initiative, authorises another person in
writing to arrange for the THC concentration of a representative sample for
the seed to be analysed in a NATA accredited laboratory;
(ii) the results of
the analysis state the THC concentration of the representative sample is not
more than 0.5%; and
(b) the seed is labelled with the required particulars.
Note—
See section 27Cfor additional labelling requirements.
(4)
Cannabis seed originating in another State, or another country, is taken to
have been harvested from a 0.5% THC plant if the recipient licensee—
(a)
takes reasonable steps to confirm that—
(i) a representative sample for the
seed has undergone an analysis that is substantially equivalent to an analysis
mentioned in subsection (3) (a) (i) ; and
(ii) the results of the analysis
state the THC concentration of the representative sample is not more than
0.5%; and
(b) labels the cannabis seed with the required particulars.
Note—
See section 27Cfor additional labelling requirements.
(5) In this
section—
"authorised person" means—
(a) an inspector; or
(b) another person
authorised by the chief executive for the purpose of this section.
"representative sample" , for cannabis seed, means a representative sample of
cannabis leaves and flowering heads taken from the crop from which the seed
was harvested.