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TASMANIA
__________
POISONS AMENDMENT (POPPY ADVISORY AND
CONTROL BOARD) BILL 2008
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Part 5A inserted
PART 5A Poppy Advisory and Control Board
59A. Interpretation
59B. Poppy Advisory and Control Board
59C. Functions of Board
59D. Powers of Board
59E. Delegation
59F. Annual report
59G. Secretarial and administrative support
5. Schedules 1 and 2 inserted
Schedule 1 Membership of Poppy Advisory and Control
Board
Schedule 2 Meetings of Board
[Bill 39]-IV
2
POISONS AMENDMENT (POPPY ADVISORY AND
CONTROL BOARD) BILL 2008
(Brought in by the Minister for Justice, the Honourable David
Edward Llewellyn)
A BILL FOR
An Act to amend the Poisons Act 1971
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Poisons
Amendment (Poppy Advisory and Control
Board) Act 2008.
2. Commencement
This Act commences on a day to be proclaimed.
3. Principal Act
In this Act, the Poisons Act 1971* is referred to
as the Principal Act.
*No. 81 of 1971
[Bill 39] 3
Poisons Amendment (Poppy Advisory and Control Board) Act
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4. Part 5A inserted
After section 59 of the Principal Act, the
following Part is inserted:
PART 5A POPPY ADVISORY AND CONTROL
BOARD
59A. Interpretation
In this Part, unless the contrary intention
appears
"alkaloid poppy" means a plant of the
species Papaver somniferum or
Papaver bracteatum;
"alkaloid poppy material" means a
part or product of an alkaloid
poppy;
"Board" means the Poppy Advisory
and Control Board established
under section 59B(1);
"Convention" means the 1961 Single
Convention on Narcotic Drugs
published by the United Nations,
as amended from time to time;
"cultivate" includes harvest;
"Department" means the responsible
Department in relation to this
Part;
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Poisons Amendment (Poppy Advisory and Control Board) Act
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"manufacture" includes refine and
process and anything done for the
purpose of refining or processing;
"meeting" means a meeting of the
Board;
"member" means a member of the
Board;
"Minister" means the Minister having
the administration of this Part;
"process" means to treat by
mechanical, chemical or other
artificial means but does not
include harvesting.
59B. Poppy Advisory and Control Board
(1) The Poppy Advisory and Control Board
is established.
(2) The Board consists of the following
members:
(a) a person appointed by the
Minister who is to be the
chairperson of the Board;
(b) the Secretary of the responsible
Department in relation to the
Public Health Act 1997 or a
person nominated by that
Secretary;
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Poisons Amendment (Poppy Advisory and Control Board) Act
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Act No. of
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(c) the Commissioner of Police or a
person nominated by the
Commissioner;
(d) the Secretary of the responsible
Department in relation to the
Agricultural and Veterinary
Chemicals (Tasmania) Act 1994
or a person nominated by that
Secretary;
(e) a person nominated by the
Secretary of the responsible
Commonwealth department in
relation to the grant of licences to
manufacture drugs under Part II
of the Narcotic Drugs Act 1967
of the Commonwealth.
(3) A nomination under subsection (2)
(a) may be for an indefinite period or
a period specified in writing by
the Secretary; and
(b) may be in respect of all matters
relating to the Board or any
specified matters; and
(c) is revocable at will.
(4) A person nominated under
subsection (2), while acting as a nominee
and in accordance with the terms of his
or her appointment, is taken to be a
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Poisons Amendment (Poppy Advisory and Control Board) Act
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member of the Board with all the powers,
rights and functions of such a member.
(5) Schedule 1 has effect with respect to
membership of the Board.
(6) Schedule 2 has effect with respect to
meetings of the Board.
59C. Functions of Board
The functions of the Board are as
follows:
(a) to act in any matter relating to the
alkaloid poppy industry as may
be directed by the Secretary;
(b) to receive, consider and
determine production estimates
for the contract growing and
harvesting of alkaloid poppy
material;
(c) to liaise with the Commonwealth
in order to fulfil Australia's
obligations under the Convention;
(d) to ensure the security of
Tasmanian alkaloid poppy crops;
(e) to collect and collate statistical
information relating to the
alkaloid poppy industry and
prepare reports on the industry;
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(f) to facilitate the destruction of any
alkaloid poppies grown without
the authority of a licence or other
authority issued or granted under
this Act;
(g) to advise the Minister and the
Minister having the
administration of the Public
Health Act 1997 on any matter
relating to the alkaloid poppy
industry;
(h) to do anything, and provide such
other advice to other Ministers, as
may be requested by those
Ministers.
59D. Powers of Board
The Board may do all things necessary or
convenient to be done for or in
connection with, or incidental to, the
performance of its functions under this or
any other Act.
59E. Delegation
The Board may delegate any of its
functions and powers, other than this
power of delegation, to a specified
person or the holder of a specified office.
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59F. Annual report
(1) The Board, not later than 31 August after
the end of each financial year, is to give
the Minister a report on its operations for
that financial year.
(2) The Minister may, in writing, direct the
Board to prepare the report in a particular
way or to include particular information
in the report.
(3) The report may be appended to the
annual report of the Department.
(4) If the Board's report is not appended to
the annual report of the Department, the
Minister is to cause the report to be laid
before each House of Parliament by not
later than 31 October after the end of the
financial year to which it relates.
59G. Secretarial and administrative support
(1) Subject to and in accordance with the
State Service Act 2000, persons may be
appointed or employed for the purpose of
enabling the functions of the Board under
this Part to be carried out.
(2) The Board may make arrangements with
the Secretary of the Department for such
State Service officers and State Service
employees employed in the Department
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as may be considered necessary to be
made available to enable the Board to
perform the functions of office under this
or any other Act and those officers and
employees, in conjunction with State
Service employment, are to serve the
Board in any capacity.
5. Schedules 1 and 2 inserted
After section 93 of the Principal Act, the
following Schedules are inserted:
SCHEDULE 1 MEMBERSHIP OF POPPY
ADVISORY AND CONTROL BOARD
Section 59B(5)
1. Interpretation
In this Schedule
"Board" means the Poppy Advisory
and Control Board established
under section 59B;
"member" means a member of the
Board;
"Minister" means the Minister having
the administration of Part 5A.
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2. Term of appointment
A member appointed under
section 59B(2)(a) is to be appointed for a
period, not exceeding 5 years, specified
in the member's instrument of
appointment.
3. Holding other office
The holder of an office who is required
under any Act to devote the whole of his
or her time to the duties of that office is
not disqualified from
(a) holding that office and also the
office of a member; and
(b) accepting any remuneration
payable to a member.
4. State Service Act 2000 not to apply
(1) The State Service Act 2000 does not
apply in relation to a member in his or
her capacity as a member.
(2) A person may hold the office of member
in conjunction with State Service
employment.
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5. Remuneration and other conditions
(1) A member is entitled to be paid such
remuneration and allowances as the
Minister determines.
(2) A member who is a State Service officer
or State Service employee is not entitled
to remuneration or allowances under
subclause (1) except with the approval of
the Minister administering the State
Service Act 2000.
(3) A member holds office on such
conditions in relation to matters not
provided for by this Act as are specified
in the member's instrument of
appointment.
6. Vacation of office
(1) A member appointed under
section 59B(2)(a) vacates office if the
member
(a) dies; or
(b) resigns; or
(c) is removed from office under
subclause (2).
(2) The Minister may remove from office a
member appointed under
section 59B(2)(a) if the member
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(a) is absent from 2 consecutive
meetings of the Board without the
Board's permission; or
(b) is convicted, in Tasmania or
elsewhere, of a crime or an
offence punishable by
imprisonment for 12 months or
longer or a fine of 300 penalty
units or more; or
(c) becomes bankrupt, applies to take
the benefit of any law for the
relief of bankrupt or insolvent
debtors, compounds with
creditors or makes an assignment
of any remuneration or estate for
their benefit; or
(d) is unable to perform adequately
or competently the duties of his
or her office.
7. Filling of vacancies
(1) If the office of a member appointed
under section 59B(2)(a) becomes vacant,
the Minister may appoint a person to the
vacant office for the remainder of that
member's term of office.
(2) If a member appointed under
section 59B(2)(a) is unable for any
reason to perform the functions of a
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member, the Minister may appoint a
suitable person to act in the office of that
member for a period determined by the
Minister.
8. Validity of proceedings
(1) An act or proceeding of the Board or of a
person acting under the direction of the
Board is not invalidated by reason only
that at the time when the act or
proceeding was done, taken or
commenced there was a vacancy in the
membership of the Board.
(2) All acts and proceedings of the Board or
of a person acting under a direction of
the Board are, despite the subsequent
discovery of a defect in the appointment
of a member or that any other person was
disqualified from acting as, or incapable
of being, a member, as valid as if the
member had been duly appointed and
was qualified to act as, or capable of
being, a member, and as if the Board had
been fully constituted.
9. Presumptions
In any proceedings by or against the
Board, unless evidence is given to the
contrary, proof is not required of
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(a) the constitution of the Board; or
(b) any resolution of the Board; or
(c) the appointment or nomination of
any member; or
(d) the presence of a quorum at any
meeting of the Board.
SCHEDULE 2 MEETINGS OF BOARD
Section 59B(6)
1. Interpretation
In this Schedule
"Board" means the Poppy Advisory
and Control Board established
under section 59B;
"meeting" means a meeting of the
Board;
"member" means a member of the
Board;
"Minister" means the Minister having
the administration of Part 5A.
2. Convening of meetings
(1) The chairperson of the Board
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(a) may convene a meeting at any
time; and
(b) must convene a meeting if
requested in writing by 2 or more
members to do so.
(2) The first meeting of the Board must be
convened in accordance with directions
given by the Minister.
3. Procedure at meetings
(1) The quorum at any duly convened
meeting of the Board is 3 members.
(2) Any duly convened meeting of the Board
at which a quorum is present is
competent to transact any business of the
Board.
(3) Questions arising at a meeting of the
Board are to be determined by a majority
of votes of the members present and
voting.
(4) A telephone or video conference between
members is taken to be a meeting of the
Board at which the members
participating in the conference are
present.
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4. Chairperson
(1) The chairperson of the Board is to
preside at all meetings of the Board.
(2) If the chairperson of the Board is not
present at a meeting of the Board, a
member elected by the members present
is to preside at that meeting.
(3) The person presiding at a meeting of the
Board has a deliberative vote and, in the
event of an equality of votes, the motion
is lost.
5. Disclosure of interest
(1) A member who has a direct or indirect
pecuniary interest in a matter being
considered or about to be considered by
the Board must, as soon as practicable
after the relevant facts come to the
knowledge of the member, disclose the
nature of that interest at a meeting of the
Board.
(2) A disclosure under subclause (1) is to be
recorded in the minutes and the member
must not, unless the Board exclusive of
that member determines otherwise
(a) be present during any
deliberations of the Board in
relation to that matter; or
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(b) take part in any decision of the
Board in relation to that matter.
6. General procedure
Subject to this Schedule, the procedure
for the calling of, or for the conduct of
business at, meetings is to be as
determined by the Board.
18 Government Printer, Tasmania