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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Drugs, Poisons and Controlled Substances
(Amendment) Act 1997
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purposes 1
2. Commencement 2
3. Principal Act 2
4. New section 4A--exempt products 2
4A. Act does not apply to certain processed products 2
5. New Part IVA inserted 3
PART IVA--AUTHORITIES FOR LOW-THC CANNABIS 3
Division 1--Authorities for low-THC cannabis 3
61. Definitions 3
62. Application for authority to cultivate and process low-
THC cannabis 6
63. Secretary must investigate application 7
64. Matters to be considered in determining applications 7
65. Determination of applications 9
66. Terms and conditions of authorities 9
67. Renewal of authorities 10
68. Authority not transferable 11
69. Amendment of authorities 11
69A. Suspension or cancellation 11
69B. Review by AAT 12
69C. Offence to fail to comply with authority 12
69D. Catchment and Land Protection Act does not apply 13
Division 2--Inspection and enforcement 13
69E. Inspectors under this Part 13
69F. General powers of inspectors 14
69G. Inspector may order harvest or treatment 15
69H. Inspector has power to detain or seize 16
69I. What happens if an inspector detains or seizes plants,
crops or products? 16
69J. Appeal to Secretary if disposal or destruction ordered 18
69K. Offences relating to inspector's exercise of power 18
69L. Inspector may possess cannabis for purposes of this Part 18
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Clause Page
Division 3--Regulations under this Part 19
69M. Regulations 19
6. Consequential amendments to Principal Act 21
NOTES 22
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PARLIAMENT OF VICTORIA
A BILL
to amend the Drugs, Poisons and Controlled Substances Act 1981
to exempt certain processed products from the operation of that Act, to
authorise the cultivation and processing of low-THC cannabis for
certain commercial and research purposes and for other purposes.
Drugs, Poisons and Controlled
Substances (Amendment) Act 1997
The Parliament of Victoria enacts as follows:
1. Purposes
The main purposes of this Act are--
(a) to make provision for the issuing of
authorities to grow and process low-THC
5 cannabis for commercial and research
purposes relating to non-therapeutic use;
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(b) to exempt certain processed products made
from cannabis from the operation of the
Drugs, Poisons and Controlled Substances
Act 1981.
5 2. Commencement
(1) Subject to sub-section (2), this Act comes into
operation on the day it receives the Royal Assent.
(2) Subject to sub-section (3), sections 5 and 6 come
into operation on a day or days to be proclaimed.
10 (3) If a provision referred to in sub-section (2) does
not come into operation before 30 November
1998, it comes into operation on that day.
3. Principal Act
No. 9719. In this Act, the Drugs, Poisons and Controlled
Reprinted to
15 Substances Act 1981 is called the Principal Act.
No. 52/1994
and
subsequently
amended by
Nos 66/1995,
56/1996 and
68/1996.
4. New section 4A--exempt products
After section 4 of the Principal Act insert--
'4A. Act does not apply to certain processed
products
20 (1) This Act does not apply to--
(a) a processed fibre product made from
cannabis if the product--
(i) does not contain more than 0·1 per
cent of tetrahydrocannabinol; and
25 (ii) does not contain whole cannabis
seeds; and
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(iii) is in a form not suitable for
ingestion, smoking or inhaling
purposes; or
(b) a processed product made from
5 cannabis seeds if the product--
(i) does not contain more than 0·001
per cent of tetrahydrocannabinol;
and
(ii) does not contain whole cannabis
10 seeds.
(2) In this section--
"cannabis" means a plant or any part of a
plant of the genus Cannabis L, whether
fresh or dried;
15 "processed" means treated by mechanical,
chemical or other artificial means but
does not include--
(a) harvesting; or
(b) the natural process of decay.'.
20 5. New Part IVA inserted
After Part IV of the Principal Act insert--
'PART IVA--AUTHORITIES FOR LOW-THC
CANNABIS
Division 1--Authorities for low-THC cannabis
25 61. Definitions
(1) In this Part--
"authority" means an authority issued
under section 65;
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"cannabis" means a plant or any part of a
plant of the genus Cannabis L, whether
fresh or dried;
"inspector" means--
5 (a) a person authorised as an
inspector under section 69E; or
(b) a member of the police force;
"low-THC cannabis" means cannabis, the
leaves and flowering heads of which do
10 not contain more than 0·35 per cent of
tetrahydrocannabinol;
"Secretary" means the body corporate
established under Part 2 of the
Conservation, Forests and Lands Act
15 1987;
"serious offence" means an indictable
offence involving dishonesty, fraud or
cultivation or trafficking in drugs of
dependence where the maximum
20 penalty exceeds 3 months
imprisonment.
(2) For the purposes of section 64, a person is an
associate of an applicant for an authority if
the person--
25 (a) holds or will hold any relevant financial
interest, or is or will be entitled to
exercise any relevant power (whether in
right of the person or on behalf of any
other person) in the business of the
30 applicant to which the authority relates,
and by virtue of that interest or power,
is able or will be able to exercise a
significant influence over or with
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respect to the management or operation
of the business to which the authority
relates; or
(b) holds or will hold any relevant position,
5 whether in right of the person or on
behalf of any other person in the
business of the applicant to which the
authority relates; or
(c) is a relative of the applicant.
10 (3) In sub-section (2)--
"relative" means spouse (including de facto
spouse), parent, child or sibling
(whether of the full or half blood);
"relevant financial interest", in relation to
15 a business, means--
(a) any share in the capital of the
business; or
(b) any entitlement to receive any
income derived from the
20 business;
"relevant position", in relation to a
business, means the position of
director, manager or other executive
position or secretary, however that
25 position is designated;
"relevant power" means any power,
whether exercisable by voting or
otherwise and whether exercisable
alone or in association with others--
30 (a) to participate in any directorial,
managerial or executive decision;
or
(b) to elect or appoint any person to
any relevant position.
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62. Application for authority to cultivate and
process low-THC cannabis
(1) A person may apply to the Secretary for an
authority authorising that person, for
5 commercial or research purposes relating to
non-therapeutic use--
(a) to possess, process, sell or supply
cannabis seed which has been harvested
from low-THC cannabis; or
10 (b) to cultivate and possess cannabis from
seed which has been harvested from
low-THC cannabis; or
(c) to possess, process, sell or supply
cannabis which--
15 (i) is substantially free of leaves and
flowering heads; and
(ii) does not contain
tetrahydrocannabinol in excess of
0·1 per cent.
20 (2) An application under sub-section (1) must--
(a) be in writing; and
(b) be accompanied by the prescribed
application fee.
(3) An application under sub-section (1) must
25 contain or be accompanied by evidence to
the satisfaction of the Secretary that--
(a) the applicant is a fit and proper person
to be given an authority;
(b) the applicant intends to undertake bona
30 fide research or commercial activity
relating to the non-therapeutic use of
cannabis under the authority
including--
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(i) in the case of research, evidence
that the research would be
conducted by a person with
appropriate scientific training
5 using appropriate methodology; or
(ii) in the case of commercial activity,
evidence of the commercial
activity to be carried out.
(4) An applicant must provide any other
10 information about the applicant or the
application which the Secretary reasonably
requires.
63. Secretary must investigate application
(1) On receiving an application under section
15 62, the Secretary must cause to be carried
out all investigations and inquiries that the
Secretary considers necessary to properly
determine the application.
(2) The Secretary may refer a copy of an
20 application and any supporting
documentation to the Chief Commissioner of
Police.
(3) The Chief Commissioner of Police must
inquire into and report to the Secretary on
25 any matters concerning the application that
the Secretary requests.
64. Matters to be considered in determining
applications
(1) In order to prevent criminal activity in the
30 cultivation and processing of low-THC
cannabis, the Secretary must not issue an
authority to an applicant unless the Secretary
is satisfied that--
(a) the applicant or any associate of the
35 applicant has within the 10 years
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preceding the application not been
found guilty of a serious offence; and
(b) the applicant and each associate of the
applicant is a suitable person to be
5 concerned in or associated with the
cultivation, processing, sale or supply
of low-THC cannabis; and
(c) the applicant's property or premises will
be suitable for the cultivation,
10 processing, sale or supply of low-THC
cannabis in relation to location,
facilities and proposed security
arrangements.
(2) In particular, the Secretary may consider
15 whether--
(a) the applicant and each associate of the
applicant is of good repute, having
regard to character, honesty and
integrity;
20 (b) in the case of an applicant that is not a
natural person, the applicant has a
satisfactory ownership, trust or
corporate structure;
(c) the applicant is of sound and stable
25 financial background;
(d) the applicant has any business
association with any person or body
who or which, in the opinion of the
Secretary, is not of good repute, having
30 regard to character, honesty and
integrity;
(e) each director, partner, trustee, executive
officer and secretary and any other
person determined by the Secretary to
35 be associated or connected with the
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ownership, administration or
management of the operations or
business of the applicant is a suitable
person to act in that capacity.
5 65. Determination of applications
(1) After considering an application and any
investigation under section 63, the Secretary
must determine an application by--
(a) issuing an authority; or
10 (b) refusing to issue an authority.
(2) The Secretary must notify the applicant in
writing of the decision under sub-section (1).
66. Terms and conditions of authorities
(1) An authority is issued for the term, not
15 exceeding 3 years, specified in the authority
unless it is sooner suspended or cancelled.
(2) An authority relates only to the premises or
site described in it.
(3) An authority is subject to the terms,
20 conditions, limitations and restrictions
specified in it including, but not limited to,
terms, conditions, limitations and restrictions
relating to--
(a) the premises or site at which the
25 activities authorised by the authority
may be carried out;
(b) the source of seed for sowing, including
the authentication of the varietal
identity and tetrahydrocannabinol
30 content of the crop from which the seed
was harvested;
(c) the implementation and maintenance of
satisfactory security and surveillance
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measures to restrict access of
unauthorised persons to crops and
harvested material;
(d) the keeping of records and other
5 documents;
(e) the provision of information, records or
other documents to the Secretary
relating to--
(i) the activities carried out under the
10 authority; or
(ii) a change in the position of
director, manager, secretary or
other executive position, however
designated or the structure of the
15 business to which the authority
relates; or
(iii) any other matter that the Secretary
reasonably requires;
(f) the disposal of harvested material and
20 crop residue;
(g) inspection, supervision and surveillance
of seed, plants, crops, harvested
material and products by inspectors.
67. Renewal of authorities
25 (1) An application for renewal of an authority--
(a) may be made up to one month before
the expiry of the current authority; and
(b) must be in writing and accompanied by
the prescribed fee.
30 (2) On receiving an application under sub-
section (1), the Secretary, in the Secretary's
discretion, may renew the authority.
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(3) A renewed authority lasts for the same
period as the previous authority.
68. Authority not transferable
An authority is not transferable to another
5 person.
69. Amendment of authorities
(1) The Secretary may, in the Secretary's
discretion--
(a) amend any terms, conditions,
10 limitations or restrictions to which the
authority is subject; or
(b) impose new terms, conditions,
limitations or restrictions on an
authority.
15 (2) An amendment under sub-section (1) must
be notified in writing to the holder of the
authority.
69A. Suspension or cancellation
(1) The Secretary may, by notice in writing to
20 the holder of an authority, suspend or cancel
an authority if--
(a) the holder requests suspension or
cancellation; or
(b) the holder has not complied with the
25 terms, conditions, limitations or
restrictions of the authority; or
(c) the holder has failed to comply with
this Act or regulations; or
(d) the Secretary is satisfied that the holder
30 is no longer a fit and proper person to
hold the authority; or
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(e) the Secretary is satisfied that the holder
obtained the authority by fraud,
misrepresentation or concealment of
facts; or
5 (f) the holder ceases to carry on the
research or commercial activity to
which the authority relates.
(2) If an authority is suspended or cancelled
under sub-section (1), it ceases to be of
10 effect and any document issued to the former
holder must be surrendered to the Secretary
on demand.
69B. Review by AAT
A person may apply to the Administrative
15 Appeals Tribunal for a review of a decision
of the Secretary--
(a) to refuse to issue an authority to that
person; or
(b) to refuse to renew an authority held by
20 that person; or
(c) to suspend, cancel or amend an
authority held by that person.
69C. Offence to fail to comply with authority
A person who is the holder of an authority
25 under this Part must comply with the terms,
conditions, limitations or restrictions to
which that authority is subject.
Penalty: 100 penalty units.
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69D. Catchment and Land Protection Act does
not apply
Despite anything to the contrary in the
Catchment and Land Protection Act 1994,
5 Part 8 of that Act does not apply to the
processing, cultivation, possession, sale or
supply of low-THC cannabis in accordance
with an authority under this Part.
Division 2--Inspection and enforcement
10 69E. Inspectors under this Part
(1) The Secretary, by instrument, may authorise
the following persons to be inspectors for the
purposes of all or any of the provisions of
this Part--
15 (a) any person holding a position under the
Public Sector Management Act 1992;
or
(b) any other appropriately qualified
person.
20 (2) The Secretary may determine the terms and
conditions of authorisation of inspectors.
(3) The Secretary may, in writing, revoke the
authorisation of an inspector at any time.
(4) The terms and conditions of authorisation
25 may contain general directions as to how the
inspector's powers may be exercised.
(5) The Secretary must issue an identification
certificate to each inspector (other than an
inspector who is a member of the police
30 force) which sets out the provisions of this
Part for which the inspector is authorised to
be an inspector.
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(6) An inspector, in the course of performing his
or her functions under this Part, must
produce his or her identification certificate to
any person who requests its production.
5 (7) In this Division, a reference to an
identification certificate in relation to an
inspector who is a member of the police
force is a reference to written evidence of the
fact that he or she is a member of the police
10 force.
69F. General powers of inspectors
(1) For the purposes of determining compliance
with this Part or an authority, an inspector
may, with such assistance as he or she thinks
15 necessary, at any reasonable time--
(a) enter and inspect any place, other than
premises used as a residence, occupied
by any person who is the holder of an
authority;
20 (b) inspect, count, examine or mark for
identification any product, plant or crop
in the place;
(c) require a person to produce any
document that the inspector reasonably
25 requires for ascertaining whether this
Part or an authority is being complied
with and--
(i) examine the document; and
(ii) make copies of it or take extracts
30 from it; and
(iii) remove the document for as long
as is reasonably necessary to make
copies or take extracts;
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(d) take or remove for examination
samples of or from, or specimens of,
any plant of a crop or product to
determine--
5 (i) the tetrahydrocannabinol content
of that plant, crop or product; and
(ii) that the plant, crop or product has
been cultivated or processed in
accordance with the authority or
10 that its possession is in
accordance with the authority;
(e) submit any sample or specimen taken in
accordance with this Part to a
laboratory or place approved by the
15 Secretary for examination and testing.
(2) An inspector may not exercise any powers
under this Part if the inspector fails, on
request, to produce his or her identification
certificate for inspection by the occupier of
20 the place or the person in charge or apparent
control of the place.
69G. Inspector may order harvest or treatment
(1) If an inspector is satisfied on reasonable
grounds that any plant or crop contravenes
25 this Part or an authority, the inspector may
order the harvest of the plant or crop and the
treatment of that harvested material.
(2) An order under sub-section (1) must--
(a) be in writing; and
30 (b) include a statement of the reasons for
ordering the harvest and treatment; and
(c) be given to the holder of the authority.
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69H. Inspector has power to detain or seize
If an inspector believes that any plant, crop
or product contravenes this Part or an
authority, the inspector may detain or seize
5 the plant, crop or product and deal with it in
accordance with section 69I.
69I. What happens if an inspector detains or
seizes plants, crops or products?
(1) If an inspector detains or seizes any plant,
10 crop or product, the inspector must
immediately--
(a) give notice in writing of the detention
or seizure including a statement of the
reasons for detaining or seizing the
15 plant, crop or product to the holder of
the authority; and
(b) take or send to a laboratory or place
approved by the Secretary for
examination and testing, the plant, crop
20 or product or a sample of the plant,
crop or product.
(2) A person must not remove the whole or any
part of a plant, crop or product detained or
seized while the detention or seizure notice
25 remains in force, except on the written
authority or written direction of an inspector
or the Secretary.
Penalty: 50 penalty units.
(3) If the results of the examination or test of the
30 samples taken or sent in accordance with
sub-section (1)(b) show that the plant, crop
or product was not in contravention of this
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Part or the authority, the inspector must
immediately release or return the plant, crop
or product to the holder of the authority.
(4) If the results of the examination or test of the
5 samples taken or sent in accordance with
sub-section (1)(b) show that the plant, crop
or product was in contravention of this Part
or the authority, the inspector must--
(a) inform the holder of the authority or the
10 person in whose possession the plant,
crop or product was found (as the case
may be) in writing of the results; and
(b) arrange for or order the harvest,
disposal or destruction of the plant,
15 crop or product.
(5) If an arrangement or order is made for the
disposal or destruction of a plant, crop or
product under sub-section (4)(b), the
inspector must give notice of that
20 arrangement or order before that disposal or
destruction takes place.
(6) A notice under sub-section (5) must--
(a) be in writing; and
(b) include a statement of the reasons for
25 arranging or ordering the disposal or
destruction; and
(c) fix a time for the disposal or
destruction; and
(d) be given to the holder of the authority.
30 (7) Nothing in this section limits the power of a
member of the police force to take legal
proceedings in respect of any plant, crop or
product found not to comply with this Part or
an authority.
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69J. Appeal to Secretary if disposal or
destruction ordered
(1) Within 48 hours of receiving a notice under
section 69I(5), the holder of an authority
5 may lodge an appeal in writing against the
disposal or destruction with the Secretary.
(2) Within 3 business days after an appeal is
lodged under sub-section (1), the Secretary
must determine the appeal by--
10 (a) cancelling the arrangement or order
made by the inspector under section
69I; or
(b) confirming the arrangement or order
made by the inspector under section
15 69I.
(3) The Secretary must notify the holder of the
authority in writing of the determination
made under sub-section (2).
69K. Offences relating to inspector's exercise of
20 power
(1) A person must not, without reasonable
excuse, hinder or obstruct an inspector in the
exercise of a power under this Part.
Penalty: 100 penalty units.
25 (2) A person must not, without reasonable
excuse, fail to comply with the direction,
requirement or order of an inspector.
Penalty: 100 penalty units.
69L. Inspector may possess cannabis for
30 purposes of this Part
An inspector is authorised to have cannabis
in his or her possession in the exercise or
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performance of any power, function or duty
conferred on him or her by this Part or the
regulations made under this Part.
Division 3--Regulations under this Part
5 69M. Regulations
(1) The Governor in Council may make
regulations for or with respect to--
(a) fees for applications and renewals for
the purposes of this Part;
10 (b) authorising and requiring inspectors to
impose fees and charges of such
amounts or rates as are prescribed or
determined in the manner prescribed
for--
15 (i) sampling and testing cannabis
plants and crops grown or
products produced in accordance
with this Part as required under an
authority or to determine the
20 tetrahydrocannabinol content of
those plants, crops or products;
(ii) supervising the harvesting,
disposal or destruction of cannabis
plants, crops or products;
25 (iii) carrying out inspections,
supervision or surveillance of
cannabis plants or crops grown or
products produced in accordance
with this Part to ensure that the
30 terms, conditions, limitations and
restrictions of an authority are
being complied with;
(iv) providing any other service in
respect of cannabis plants or crops
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grown or products produced in
accordance with this Part;
(c) generally prescribing any other matter
or thing required or permitted by this
5 Part to be prescribed or necessary to be
prescribed to give effect to this Part.
(2) Regulations made under this Part may--
(a) be of general or limited application;
(b) differ according to differences in time,
10 place or circumstance;
(c) provide for different fees for different
activities or classes of activity or
different cases or classes of cases;
(d) provide for specific, minimum or
15 maximum or minimum and maximum
fees;
(e) provide for the waiver or reduction of
fees;
(g) in the case of applications for the issue
20 or renewal of authorities, specify fees
that reflect the cost of administration
of, and the provision of inspection and
other services in connection with this
Part;
25 (h) leave any matter to be approved or
determined by the Secretary or an
inspector.'.
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6. Consequential amendments to Principal Act
In the Principal Act--
(a) in section 49, after "or permit under this Act"
insert "or an authority under Part IVA of
5 this Act";
(b) in section 118(1), after "or 56" insert "or
authorities under Part IVA";
(c) in section 119, after paragraph (e), insert--
"(ea) a certificate that any person is or is not
10 or was or was not on a certain date or
for a certain period a holder of an
authority under Part IVA, if purporting
to be signed by the Secretary of the
Department of Natural Resources and
15 Environment, shall be prima facie
evidence of the facts therein stated;".
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Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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