INDUSTRIAL HEMP ACT 2017 - SECT 3
INDUSTRIAL HEMP ACT 2017 - SECT 3
In this Act—
"ACC" means the Australian Crime Commission established under the
Australian Crime Commission Act 2002 of the Commonwealth;
"certified hemp seed" means seed certified, in accordance with the
regulations, as seed that will typically produce hemp plants with a
concentration of THC in the leaves and flowering heads of not more than 0.5%;
"Chief Executive" means the Chief Executive of the Department that is, under a
Minister, responsible for the administration of the
Agricultural and Veterinary Chemicals (South Australia) Act 1994 ;
"criminal intelligence" means information relating to actual or suspected
criminal activity (whether in this State or elsewhere) the disclosure of which
could reasonably be expected to prejudice criminal investigations, to enable
the discovery of the existence or identity of a confidential source of
information relevant to law enforcement or to endanger a person's life or
physical safety;
"cultivate" means—
(a)
plant a seed, seedling or cutting of the plant or transplant the plant; or
(b)
nurture, tend or grow the plant; or
(c)
harvest the plant (including pick any part of the plant or separate any resin
or other substance from the plant); or
(d) dry
the harvested plant or part of the plant; or
(e) take
part in the process of cultivation of the plant;
"drug of dependence" means a poison within the meaning of the
Controlled Substances Act 1984 declared by the regulations under that Act
to be a drug of dependence;
"drug related offence" means—
(a) an
indictable offence involving possession, or cultivation of, or trafficking in,
a drug of dependence; or
(b) an
indictable offence under the Controlled Substances Act 1984 ; or
(c) an
indictable offence under the law of another jurisdiction involving possession,
or cultivation of, or trafficking in, a drug of dependence; or
(d) an
offence of a kind prescribed by the regulations;
"hemp" means a plant, or any part (including the seed) of a plant, of the
genus cannabis ;
"industrial hemp" means hemp that—
(a) has
been grown from certified hemp seed; and
(b) has
a concentration of THC in the leaves and flowering heads of not more than 1%,
and includes the seed of such a plant and any product derived from any such
plant;
"industrial hemp licence"—see section 8(1);
"industrial hemp register" means the register established under
section 26;
"inspector" means—
(a) a
person appointed as an inspector under section 18; or
(b) a
police officer;
"licence" means a licence under this Act;
"licence holder" means—
(a) the
holder of an industrial hemp licence; or
(b) the
holder of a special licence;
"premises" means any land, building, structure, vehicle, vessel or aircraft;
"sell" means sell by wholesale or retail and includes the following:
(b)
offer or expose for sale;
(c)
keep, or possess, for sale;
(d) deal
in, barter or exchange;
(e)
send, forward, deliver or receive for sale;
(f)
authorise, direct, cause or permit the doing of any matter in paragraphs (a)
to (e);
"special licence"—see section 8(2);
"supply" includes the following:
(a)
deliver, sell, trade, give or distribute, whether for valuable consideration
or not;
(b)
offer or agree to supply;
(c)
cause or permit to supply;
(d) hold
in possession for the purpose of supply;
(e)
produce or pack for the purpose of supply;
"THC" means tetrahydrocannabinol;
"Tribunal" means the South Australian Civil and Administrative Tribunal
established under the South Australian Civil and Administrative Tribunal
Act 2013 .