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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Industrial Hemp Bill 2003
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Terms used in this Act 2
Part 2 -- Licensing
Division 1 -- Licence required to cultivate, harvest
or process industrial hemp
4. Licensing requirement 4
Division 2 -- Application for and grant of a licence
or a renewal or transfer of a licence
5. Applications 4
6. Investigations and inquiries relating to applications 5
7. Application for licence by individual 5
8. Grant of licence to an individual 5
9. Application for a licence by partnership 6
10. Grant of licence to a partnership 7
11. Application for licence by a body corporate 8
12. Grant of licence to a body corporate 8
13. Notice of refusal of application 9
14. Issue of licence 9
15. Duration of licence 10
16. Application for renewal of licence 10
17. Grounds for refusing to renew a licence 10
18. Conditions 10
19. Amendment of licence 11
20. Return of licence no longer in force 12
21. Transfer of licence 12
page i
250--1B
Industrial Hemp Bill 2003
Contents
Division 3 -- Changes in partnership or body
corporate
22. Loss of member etc., notice to be given to Registrar 13
23. New member in licensed partnership 13
24. New person in management of corporate member of
licensed partnership 14
25. New person in management of licensed body
corporate 15
26. Licence ceases if changes not approved 15
27. Offence to make management changes without
applying for approval 16
Part 3 -- Provisions applicable to
licences
28. False or misleading information 17
29. Contravention of conditions of a licence 17
30. Registers 17
31. Inspection of register 18
32. Registrar may certify as to matters in the register 18
33. Surrender of licence 18
34. Certified copy of licence 19
35. Production of licence 19
Part 4 -- Appeals
36. Appeals 20
Part 5 -- Enforcement
37. Suspension or cancellation of licence 22
38. Inspectors 23
39. General powers 23
40. Powers of approved analyst or botanist 24
41. Requirement to notify Commissioner 24
42. Inspector may possess cannabis for purposes of this
Act 25
43. Inspector's powers additional to other powers 25
Part 6 -- Miscellaneous
44. Term used in this Part 26
45. Registrar 26
46. Delegation by Registrar 26
page ii
Industrial Hemp Bill 2003
Contents
47. Delegation by the Commissioner 26
48. Regulations 27
Part 7 -- Consequential amendments to
the Misuse of Drugs Act 1981
49. The Act amended 29
50. Section 3 amended 29
51. Section 4 amended 29
52. Section 6 amended 30
53. Section 7 amended 30
54. Section 8A inserted 30
Part 8 -- Consequential amendment to
the Poisons Act 1964
55. The Act amended 34
Defined Terms
page iii
Western Australia
LEGISLATIVE ASSEMBLY
Industrial Hemp Bill 2003
A Bill for
An Act to --
· provide for the licensing of persons and partnerships to
cultivate, harvest or process industrial hemp;
· amend the Misuse of Drugs Act 1981; and
· amend the Poisons Act 1964,
and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Industrial Hemp Bill 2003
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Industrial Hemp Act 2003.
2. Commencement
5 This Act comes into operation on a day fixed by proclamation.
3. Terms used in this Act
(1) In this Act, unless the contrary intention appears --
"application" means an application made under section 5;
"approved" means approved by the Registrar;
10 "approved analyst" has the meaning given to that term in
section 3(1) of the Misuse of Drugs Act 1981;
"approved botanist" has the meaning given to that term in
section 3(1) of the Misuse of Drugs Act 1981;
"authorised activity", in relation to a licence, means an activity
15 authorised by the licence;
"authorised premises", in relation to a licence, means the
premises described in the licence under section 14;
"cannabis" means plant of the genus Cannabis (by whatever
name designated) or part of that plant;
20 "Commissioner" means the Commissioner of Police appointed
under the Police Act 1892;
"Department" means the department of the Public Service
principally assisting the Minister in the administration of
this Act;
25 "external serious drug offence" has the meaning given to that
term in section 32A(3) of the Misuse of Drugs Act 1981;
"industrial hemp" means cannabis, the leaves and flowering
heads of which do not contain more than 0.35% of
tetrahydrocannabinol;
page 2
Industrial Hemp Bill 2003
Preliminary Part 1
s. 3
"industrial hemp seed" means seed that is certified in an
approved manner as --
(a) having been produced from industrial hemp; or
(b) producing, when cultivated, industrial hemp;
5 "inspector" means --
(a) a person appointed under section 38(1); or
(b) a police officer;
"licence" means a licence issued and in force under this Act;
"licensee" means the holder of a licence;
10 "plant" includes seed and any other part of a plant;
"premises" means land (whether built on or not), or a building
or structure on land, and includes a part of premises;
"process" means to treat by mechanical, chemical or other
artificial means but does not include harvesting;
15 "Registrar" means the person who for the time being holds, or
acts in, the position referred to in section 45;
"serious drug offence" has the meaning given to that term in
section 32A(3) of the Misuse of Drugs Act 1981.
(2) If a licence is granted to 2 or more persons under section 10,
20 references in this Act to a licence holder or licensee are to those
persons jointly, unless a contrary intention appears.
(3) References in provisions of this Act that create offences to a
licence holder or licensee include a partnership to which a
licence has been issued or transferred and the provisions apply
25 to a partnership as if the partnership were a person, but any
offence against a provision of this Act that would otherwise be
an offence by the partnership is to be taken to have been
committed by each of the partners.
page 3
Industrial Hemp Bill 2003
Part 2 Licensing
Division 1 Licence required to cultivate, harvest or process industrial
hemp
s. 4
Part 2 -- Licensing
Division 1 -- Licence required to cultivate, harvest or process
industrial hemp
4. Licensing requirement
5 A person must not --
(a) cultivate industrial hemp;
(b) harvest industrial hemp; or
(c) process industrial hemp,
except under and in accordance with a licence.
10 Penalty: $10 000.
Division 2 -- Application for and grant of a licence or a
renewal or transfer of a licence
5. Applications
(1) This section applies to all applications to the Registrar for --
15 (a) a licence authorising the person or partnership --
(i) to cultivate industrial hemp;
(ii) to harvest industrial hemp;
(iii) to process industrial hemp; or
(iv) to do one or more of those things;
20 (b) the renewal of a licence;
(c) the transfer of a licence;
(d) a licence to be amended under section 23; and
(e) approval of an inclusion under section 24 or 25.
(2) An application is to be --
25 (a) made in an approved form;
(b) accompanied by the prescribed fee; and
page 4
Industrial Hemp Bill 2003
Licensing Part 2
Application for and grant of a licence or a renewal or transfer Division 2
of a licence
s. 6
(c) supported by such other information as may be
prescribed by regulations.
(3) If an application does not comply with subsection (2) the
Registrar may decline to deal with the application and advise
5 the applicant accordingly.
6. Investigations and inquiries relating to applications
(1) Subject to section 5(3), after receiving an application the
Registrar is to carry out the investigations that the Registrar
considers necessary to determine the application in accordance
10 with section 8, 10, 12, 17, 21, 23, 24 or 25, as the case requires.
(2) Without limiting subsection (1), the Registrar may --
(a) refer a copy of an application, together with any
information provided under section 5(2)(c), to the
Commissioner; and
15 (b) request the Commissioner to inquire into and report to
the Registrar on matters relating to the application.
(3) The Commissioner or a person to whom the duty has been
delegated under section 47 is to comply with a request under
subsection (2) within 30 days of receiving the request.
20 (4) The Registrar may, in a particular case, extend the period
referred to in subsection (3).
7. Application for licence by individual
An application for a licence may be made to the Registrar by an
individual.
25 8. Grant of licence to an individual
(1) After considering the application and the results of any
investigation or inquiry under section 6, an application made
under section 7 may be refused by the Registrar in accordance
with subsection (3).
page 5
Industrial Hemp Bill 2003
Part 2 Licensing
Division 2 Application for and grant of a licence or a renewal or transfer
of a licence
s. 9
(2) Subject to subsection (1), the Registrar must grant a licence if
the applicant satisfies him or her that the applicant --
(a) has reached 18 years of age;
(b) is a person of good character and repute;
5 (c) is a fit and proper person to be involved in an activity to
be authorised by the licence;
(d) has sufficient material, human and financial resources to
carry on any activity to be authorised by the licence; and
(e) has such qualifications as may be prescribed by
10 regulations.
(3) The Registrar must refuse to grant a licence under this section
if --
(a) the applicant has been found guilty of an external
serious drug offence or a serious drug offence during the
15 period of 10 years ending on the day on which the
application was made;
(b) the applicant has an association with a person who --
(i) is not of good character and repute; or
(ii) has been found guilty of an external serious drug
20 offence or a serious drug offence during the
period of 10 years ending on the day on which
the application was made;
or
(c) the means by which, the manner in which or the
25 premises at which the applicant proposes to cultivate,
harvest or process industrial hemp are not suitable for
the purpose of carrying out that activity.
9. Application for a licence by partnership
An application for a licence may be made jointly to the
30 Registrar by the 2 or more persons who together constitute a
partnership.
page 6
Industrial Hemp Bill 2003
Licensing Part 2
Application for and grant of a licence or a renewal or transfer Division 2
of a licence
s. 10
10. Grant of licence to a partnership
(1) In this section --
"relevant person" means an individual --
(a) who is a member of the partnership; or
5 (b) who is concerned in the management or conduct of a
body corporate that is a member of the partnership.
(2) After considering the application and the results of any
investigation or inquiry under section 6, an application made
under section 9 may be refused by the Registrar in accordance
10 with subsection (4).
(3) Subject to subsection (2), the Registrar must grant a licence if
the applicant satisfies him or her that --
(a) each relevant person --
(i) has reached 18 years of age;
15 (ii) is a person of good character and repute;
(iii) is a fit and proper person to be concerned in the
management or the conduct of an activity to be
authorised by the licence; and
(iv) has such qualifications as may be prescribed by
20 regulations;
and
(b) the persons who constitute the partnership have
sufficient material, human and financial resources to
carry on any activity to be authorised by the licence.
25 (4) The Registrar must refuse to grant a licence under this section
if --
(a) a relevant person has been found guilty of an external
serious drug offence or a serious drug offence during the
period of 10 years ending on the day on which the
30 application was made;
page 7
Industrial Hemp Bill 2003
Part 2 Licensing
Division 2 Application for and grant of a licence or a renewal or transfer
of a licence
s. 11
(b) a relevant person has an association with a person
who --
(i) is not of good character and repute; or
(ii) has been found guilty of an external serious drug
5 offence or a serious drug offence during the
period of 10 years ending on the day on which
the application was made;
or
(c) the means by which, the manner in which or the
10 premises at which the applicant proposes to cultivate,
harvest or process industrial hemp are not suitable for
the purpose of carrying out that activity.
11. Application for licence by a body corporate
An application for a licence may be made to the Registrar by a
15 body corporate.
12. Grant of licence to a body corporate
(1) In this section --
"relevant person" means an individual who is concerned in the
management or conduct of the body corporate.
20 (2) After considering the application and the results of any
investigation or inquiry under section 6, an application made
under section 11 may be refused by the Registrar in accordance
with subsection (4).
(3) Subject to subsection (2), the Registrar must grant a licence if
25 the applicant satisfies him or her that --
(a) each relevant person --
(i) has reached 18 years of age;
(ii) is a person of good character and repute;
(iii) is a fit and proper person to be concerned in the
30 management or the conduct of an activity to be
authorised by the licence; and
page 8
Industrial Hemp Bill 2003
Licensing Part 2
Application for and grant of a licence or a renewal or transfer Division 2
of a licence
s. 13
(iv) has such qualifications as may be prescribed by
regulations;
and
(b) the body corporate has sufficient material, human and
5 financial resources to carry on any activity to be
authorised by the licence.
(4) The Registrar must refuse to grant a licence under this section
if --
(a) a relevant person has been found guilty of an external
10 serious drug offence or a serious drug offence during the
period of 10 years ending on the day on which the
application was made;
(b) a relevant person has an association with a person
who --
15 (i) is not of good character and repute; or
(ii) has been found guilty of an external serious drug
offence or a serious drug offence during the
period of 10 years ending on the day on which
the application was made;
20 or
(c) the means by which, the manner in which or the
premises at which the applicant proposes to cultivate,
harvest or process industrial hemp are not suitable for
the purpose of carrying out that activity.
25 13. Notice of refusal of application
The Registrar is to give an applicant written notice of any
refusal of an application under this Act.
14. Issue of licence
(1) If the Registrar decides to issue a licence, the Registrar is to
30 issue to the applicant a licence in an approved form.
page 9
Industrial Hemp Bill 2003
Part 2 Licensing
Division 2 Application for and grant of a licence or a renewal or transfer
of a licence
s. 15
(2) The licence is to describe the premises at or on which an
authorised activity may be carried out.
15. Duration of licence
(1) Subject to this Act, a licence continues in force for the period
5 specified in the licence.
(2) The period specified in a licence cannot exceed 3 years.
16. Application for renewal of licence
(1) A licensee may apply to the Registrar for a renewal of the
licence.
10 (2) An application for renewal must be made not later than 56 days
before the day on which the licence is due to expire.
17. Grounds for refusing to renew a licence
(1) The Registrar may refuse to renew a licence if there is any
ground on which the Registrar could refuse to grant the licence
15 under section 8, 10 or 12.
(2) The Registrar cannot refuse to renew a licence as mentioned in
subsection (1) unless he or she has --
(a) conducted an investigation under section 6; and
(b) given the licensee an opportunity to show cause why the
20 renewal should not be refused.
18. Conditions
(1) A licence issued, renewed or transferred by the Registrar is
subject to such conditions as may by regulations be prescribed
from time to time.
25 (2) The Registrar may on the issue, renewal or transfer of a licence
make the licence subject to any other conditions that the
Registrar reasonably requires and specifies in the licence or a
written notice given to the licensee or transferee.
page 10
Industrial Hemp Bill 2003
Licensing Part 2
Application for and grant of a licence or a renewal or transfer Division 2
of a licence
s. 19
(3) Without limiting subsections (1) and (2), the conditions
prescribed by regulations may include conditions about --
(a) the authorised premises, including the implementation
and maintenance of appropriate security measures at
5 those premises;
(b) the keeping of records and other documents;
(c) the provision of information, records or other documents
to the Registrar in respect of --
(i) the activities carried out under the licence; or
10 (ii) any other matter that is prescribed;
(d) the harvesting and disposal of crops and the processing
and disposal of harvested material and crop residue; and
(e) the inspection, supervision and surveillance of plants,
crops and harvested material by inspectors.
15 19. Amendment of licence
(1) The Registrar may amend a licence by --
(a) amending or cancelling a condition of the licence;
(b) imposing a new condition on the licence;
(c) changing the description of the authorised premises;
20 (d) correcting in the licence --
(i) a clerical mistake or unintentional error or
omission; or
(ii) the misdescription of any person, activity or
premises;
25 and
(e) subject to section 15(2), extending the period of time for
which a licence is in force.
(2) A licence may be amended on application by the licence holder
or on the initiative of the Registrar.
page 11
Industrial Hemp Bill 2003
Part 2 Licensing
Division 2 Application for and grant of a licence or a renewal or transfer
of a licence
s. 20
(3) The Registrar is to give the licence holder written notice of any
amendment of the licence.
20. Return of licence no longer in force
If a licence --
5 (a) has expired and has not been renewed; or
(b) has been cancelled or ceases to have effect,
the person who has the licence must, as soon as practicable after
the licence expired, was cancelled or ceased to have effect,
return the licence to the Registrar.
10 Penalty: $1 500.
21. Transfer of licence
(1) A licence holder and another person (the "transferee") may
jointly apply to the Registrar for the transfer of the licence from
the holder to the transferee.
15 (2) Sections 8, 10 and 12 apply in relation to an application under
subsection (1) as if references in those sections to --
(a) an application were references to an application under
subsection (1);
(b) the grant or refusal of a licence were references to the
20 transfer of or refusal to transfer a licence; and
(c) the applicant were references to the transferee.
(3) After considering an application under subsection (1), the
results of any investigation or inquiry under section 6, and the
matters referred to in section 8, 10 or 12 (as applied by
25 subsection (2)), the Registrar is to --
(a) transfer the licence; or
(b) refuse to transfer the licence.
page 12
Industrial Hemp Bill 2003
Licensing Part 2
Changes in partnership or body corporate Division 3
s. 22
Division 3 -- Changes in partnership or body corporate
22. Loss of member etc., notice to be given to Registrar
(1) This section applies if, because of the death or resignation of the
person or otherwise, one of the following events occurs --
5 (a) a person ceases to be a member of a partnership that
holds a licence;
(b) a person ceases to be a person who is concerned in the
management or conduct of a body corporate that is a
member of a partnership that holds a licence;
10 (c) a person ceases to be a person who is concerned in the
management or conduct of a body corporate that holds a
licence.
(2) The licensee concerned must, within 14 days after the event
occurs, notify the Registrar in writing of the event.
15 Penalty: $2 000.
23. New member in licensed partnership
(1) This section applies if --
(a) a licence is held by a partnership; and
(b) it is proposed to include a new member in the
20 partnership, irrespective of whether an increase in the
number of members is involved.
(2) The licensee may apply to the Registrar for the licence to be
amended by including the proposed new member of the
partnership as one of the licensees.
25 (3) The application must be made not less than 28 days before the
inclusion is to occur.
(4) The Registrar may refuse to grant an application under
subsection (2) only if he or she is satisfied that, if an application
were made under section 9 by the persons who are proposed to
page 13
Industrial Hemp Bill 2003
Part 2 Licensing
Division 3 Changes in partnership or body corporate
s. 24
be the holders of the licence as amended, a licence would not be
granted to them.
(5) Subject to subsection (4), the Registrar must --
(a) grant an application that is made under subsections (2)
5 and (3); and
(b) specify a day on which the amendment is to take effect.
24. New person in management of corporate member of
licensed partnership
(1) This section applies if --
10 (a) a licence is held by a partnership;
(b) one of the members of the partnership is a body
corporate; and
(c) it is proposed to include a new person in the persons
who are concerned in the management or conduct of that
15 body corporate, irrespective of whether an increase in
the number of such persons is involved.
(2) The licensee may apply to the Registrar for the licence to be
amended by including a new person in the persons who are
concerned in the management or conduct of that body corporate.
20 (3) The application must be made not less than 28 days before the
inclusion is to occur.
(4) The Registrar must grant an application unless he or she is
satisfied that a licence would not be granted if --
(a) an application for a licence were made under section 9;
25 (b) the body corporate were one of the applicants; and
(c) at the time of the application the persons concerned in
the management or conduct of the body corporate were
the persons who would be so concerned if the proposed
inclusion were approved.
page 14
Industrial Hemp Bill 2003
Licensing Part 2
Changes in partnership or body corporate Division 3
s. 25
25. New person in management of licensed body corporate
(1) This section applies if --
(a) a licence is held by a body corporate; and
(b) it is proposed to include a new person in the persons
5 who are concerned in the management or conduct of the
body corporate, irrespective of whether an increase in
the number of such persons is involved.
(2) The licensee may apply to the Registrar for the licence to be
amended by including a new person in the persons who are
10 concerned in the management or conduct of the body corporate.
(3) The application must be made not less than 28 days before the
inclusion is to occur.
(4) The Registrar must grant an application unless he or she is
satisfied that a licence would not be granted if --
15 (a) an application for a licence were made under section 11;
and
(b) at the time of that application the persons concerned in
the management or conduct of the body corporate were
the persons who would be so concerned if the proposed
20 inclusion were approved.
26. Licence ceases if changes not approved
(1) This section applies if the Registrar refuses to grant an
application under section 23(4), 24(4) or 25(4).
(2) The licence ceases to have effect 14 days after the licensee is
25 notified of the refusal unless, within that period --
(a) the licensee notifies the Registrar in writing that the
application to which the refusal relates is withdrawn; or
(b) the licensee makes a further application under
section 23, 24 or 25, as the case may be, that is granted
30 by the Registrar.
page 15
Industrial Hemp Bill 2003
Part 2 Licensing
Division 3 Changes in partnership or body corporate
s. 27
(3) The Registrar may by notice in writing to the licensee extend
the period referred to in subsection (2).
27. Offence to make management changes without applying for
approval
5 (1) If a licence is held by a partnership, the licensee commits an
offence if --
(a) a new member is included in the partnership without an
application being made under section 23; or
(b) a new person is included in the persons who are
10 concerned in the management or conduct of a body
corporate that is a member of the partnership without an
application being made under section 24.
Penalty: $2 000.
(2) If a licence is held by a body corporate, the licensee commits an
15 offence if a new person is included in the persons who are
concerned in the management or conduct of the body corporate
without an application being made under section 25.
Penalty: $2 000.
page 16
Industrial Hemp Bill 2003
Provisions applicable to licences Part 3
s. 28
Part 3 -- Provisions applicable to licences
28. False or misleading information
(1) A person must not in relation to an application to which this
section applies give information orally or in writing that the
5 person knows to be --
(a) false or misleading in a material particular; or
(b) likely to deceive in a material way.
Penalty: $5 000.
(2) This section applies to --
10 (a) an application for a licence;
(b) an application for the renewal of a licence; and
(c) an application under section 21, 23, 24 or 25.
29. Contravention of conditions of a licence
(1) A licence holder who contravenes a condition of the licence
15 commits an offence.
Penalty: $5 000.
(2) Despite section 11 of The Criminal Code, a person convicted of
an offence under subsection (1) may be punished for the offence
even if the condition contravened was amended or cancelled
20 after the offence was committed.
30. Registers
(1) The Registrar must keep a register for the purposes of Part 2
recording such particulars and matters relating to licences as are
prescribed.
25 (2) The regulations may provide for the form and manner in which
a register is to be kept, including for a register to be in the form
of information stored on a computer.
page 17
Industrial Hemp Bill 2003
Part 3 Provisions applicable to licences
s. 31
(3) Subject to the regulations, a register may be kept in a form and
manner determined by the Registrar.
31. Inspection of register
The Registrar must allow any person, on payment of the
5 prescribed fee --
(a) to inspect a register; and
(b) to take copies of, or extracts from, any part of it.
32. Registrar may certify as to matters in the register
(1) The Registrar may, on the application of a person, issue to the
10 person a written statement certifying any of the following --
(a) that a person specified in the statement is or was, or is
not or was not, the holder of a licence;
(b) that premises specified in the statement are or were, or
are not or were not, premises at which an authorised
15 activity may be carried out;
(c) the conditions to which a licence is subject;
(d) any other matter appearing in the register.
(2) A statement under subsection (1) may specify the day or days or
period on or during which anything referred to in subsection (1)
20 applied.
(3) In all courts and proceedings a statement under this section is
evidence of any matter that appears in it.
33. Surrender of licence
(1) A licensee may surrender the licence by --
25 (a) giving the Registrar notice in writing to that effect; and
(b) returning the licence to him or her.
(2) If a licence is surrendered, the Registrar is to refund to the
former licensee so much (if any) of the fee last paid in respect of
page 18
Industrial Hemp Bill 2003
Provisions applicable to licences Part 3
s. 34
the licence as the Registrar, on application made by the former
licensee, determines to be appropriate.
34. Certified copy of licence
(1) The Registrar may, on payment of the prescribed fee, issue a
5 certified copy of a licence.
(2) In all courts and proceedings a certified copy so issued is
evidence of the contents of the licence.
(3) A document that purports to be a certified copy of a licence
issued by the Registrar is to be taken to be such a copy unless
10 the contrary is proved.
35. Production of licence
(1) An inspector may require a licensee to produce his or her
licence to the inspector.
(2) A request under subsection (1) may only be made at premises at
15 or on which an authorised activity may be carried out.
(3) Any licensee to whom a requirement under subsection (1) is
addressed must comply with the requirement unless he or she
has reasonable excuse for not doing so.
Penalty: $1 500.
page 19
Industrial Hemp Bill 2003
Part 4 Appeals
s. 36
Part 4 -- Appeals
36. Appeals
(1) This section applies to a decision of the Registrar --
(a) to refuse to issue a licence;
5 (b) to refuse to renew a licence;
(c) to refuse to transfer a licence;
(d) to suspend or cancel a licence; or
(e) to amend a licence.
(2) A person who is aggrieved by a decision to which this section
10 applies may, within 30 days after receiving notice of the
decision, appeal to the Minister against the decision by giving
the Minister a notice of appeal in accordance with
subsection (7).
(3) A person who has a right under subsection (2) to appeal to the
15 Minister against a decision may request the Registrar to provide
the person with a written statement of the reasons for the
decision.
(4) A request under subsection (3) has to be made in writing.
(5) The Registrar on receiving a request under subsection (3) is to
20 comply with the request as soon as practicable, and in any case
within the period of 14 days after the request is made.
(6) Subject to subsection (11), the Registrar's written statement has
to contain --
(a) the reasons for the decision; and
25 (b) any findings on material questions of fact that led to the
decision, referring to the evidence or other material on
which those findings were based.
(7) The notice of appeal is to be in writing and set out the grounds
of appeal and any representations that the appellant wishes to
30 make in support of the appeal.
page 20
Industrial Hemp Bill 2003
Appeals Part 4
s. 36
(8) The Minister may determine the appeal by confirming, varying
or reversing the decision of the Registrar.
(9) The Minister's determination is final and the Registrar is to give
effect to the determination.
5 (10) The Minister is to cause notice of his or her determination,
together with reasons for it, to be given to the appellant within
7 days after it is made.
(11) The Minister may order that a report or the contents of or source
of information in a report provided by the Commissioner to the
10 Registrar under section 6 not be disclosed to the aggrieved
person, the aggrieved person's representative or any other
person if, on an application by the Registrar or the
Commissioner, the Minister is satisfied that the disclosure might
disclose exempt matter within the meaning given to that term in
15 the Glossary at the end of the Freedom of Information Act 1992.
(12) An application under subsection (11) may be made without
notice to the aggrieved person and may be determined in the
absence of the aggrieved person.
(13) The reasons for the decision of the Minister on an appeal under
20 this section must not disclose the content or source of
information in a report that is the subject of an order made
under subsection (11).
page 21
Industrial Hemp Bill 2003
Part 5 Enforcement
s. 37
Part 5 -- Enforcement
37. Suspension or cancellation of licence
(1) The Registrar may suspend or cancel a licence if --
(a) the licence holder has requested its suspension or
5 cancellation;
(b) the Registrar is satisfied that there has been a
contravention of a condition of the licence;
(c) the Registrar is satisfied that the licence holder has
committed an offence against this Act or the Misuse of
10 Drugs Act 1981;
(d) the Registrar is satisfied that there is any ground on
which the Registrar could refuse to grant a licence under
section 8, 10 or 12;
(e) the licensee has not paid a fee required to be paid under
15 this Act;
(f) information contained in or provided in connection
with --
(i) the application for the licence; or
(ii) any application for the transfer or renewal of the
20 licence,
was false or misleading in a material respect; or
(g) the licence holder no longer carries on the authorised
activity or activities to which the licence relates.
(2) The Registrar is to give the licence holder written notice of any
25 suspension or cancellation of the licence.
(3) A licence may be suspended for --
(a) a specified period; or
(b) until the happening of a specified event.
(4) In subsection (3) --
30 "specified" means specified in the notice under subsection (2).
page 22
Industrial Hemp Bill 2003
Enforcement Part 5
s. 38
38. Inspectors
(1) The Minister may, in writing, appoint a person as an inspector
for the purposes of this Act.
(2) The Registrar is to issue to each inspector appointed under
5 subsection (1) an identity card in a form approved by the
Registrar.
(3) The Minister may revoke an appointment under subsection (1)
at any time.
(4) An inspector appointed under subsection (1) must produce his
10 or her identity card whenever requested to do so by a person in
respect of whom the inspector has exercised, or is about to
exercise, a power under this Part.
(5) Production of an identity card is evidence in any court of the
appointment of the inspector to whom the identity card relates.
15 (6) A person who ceases to be an inspector must, as soon as
practicable after so ceasing, return his or her identity card to the
Registrar.
Penalty: $500.
39. General powers
20 (1) For the purposes of investigating whether this Act or a licence is
being contravened, an inspector may, with such assistance as the
inspector thinks necessary, at any reasonable time --
(a) enter and inspect any place, other than premises used as
a residence, occupied by any person who is a licence
25 holder;
(b) inspect, count, examine or mark for identification any
plant in the place;
(c) require a person to produce any document that is or may
be relevant to the investigation or contravention;
page 23
Industrial Hemp Bill 2003
Part 5 Enforcement
s. 40
(d) inspect any document produced, make copies of it or
take extracts from it, and remove it for as long as is
reasonably necessary to make copies or extracts;
(e) take or remove for analysis or examination samples of
5 or from, or specimens of, any plant to determine --
(i) the tetrahydrocannabinol content of the plant;
(ii) the variety or cultivar and the genetic provenance
of the plant; or
(iii) whether the plant has been cultivated in
10 accordance with a licence or that its possession is
in accordance with a licence;
or
(f) submit any sample or specimen taken or removed under
paragraph (e) to an approved analyst or an approved
15 botanist for analysis or examination.
(2) An inspector appointed under section 38(1) may not exercise
any powers under this Part if the inspector fails, on request, to
produce his or her identity card for inspection by a person in
respect of whom the inspector is about to exercise a power
20 under this Part.
40. Powers of approved analyst or botanist
An approved analyst or botanist may for the purposes of this
Act analyse or examine any sample or specimen taken or
removed under this Act.
25 41. Requirement to notify Commissioner
If the Registrar or an inspector, other than a police officer,
suspects that the cultivation or possession of a plant is not
authorised under this Act, the Registrar or inspector is to notify
the Commissioner of that suspicion.
page 24
Industrial Hemp Bill 2003
Enforcement Part 5
s. 42
42. Inspector may possess cannabis for purposes of this Act
An inspector is authorised to have cannabis in his or her
possession in the exercise or performance of any power,
function or duty conferred on the inspector by this Act.
5 43. Inspector's powers additional to other powers
The powers of an inspector under this Part are in addition to,
and do not limit, any powers that the inspector has under any
other written law.
page 25
Industrial Hemp Bill 2003
Part 6 Miscellaneous
s. 44
Part 6 -- Miscellaneous
44. Term used in this Part
In this Part, unless the contrary appears --
"departmental officer" means a public service officer (as
5 defined in section 3(1) of the Public Sector Management
Act 1994) in the department that principally assists the
Minister with the administration of this Act.
45. Registrar
The Minister, by notice in the Gazette, is to designate a
10 departmental officer as the Registrar for the purposes of this
Act.
46. Delegation by Registrar
(1) The Registrar may delegate to a departmental officer any power
or duty of the Registrar under another provision of this Act.
15 (2) The delegation must be in writing signed by the Registrar.
(3) A person to whom a power or duty is delegated under this
section cannot delegate that power or duty.
(4) A person exercising or performing a power or duty that has been
delegated to the person under this section is to be taken to do so
20 in accordance with the terms of the delegation unless the
contrary is shown.
(5) Nothing in this section limits the ability of the Registrar to
perform a function through an officer or agent.
47. Delegation by the Commissioner
25 (1) The Commissioner may delegate to a police officer who has the
rank of Superintendent or a higher rank the duty of the
Commissioner under section 6 to inquire into and report to the
Registrar on matters relating to applications.
page 26
Industrial Hemp Bill 2003
Miscellaneous Part 6
s. 48
(2) The delegation must be in writing signed by the Commissioner.
(3) A person to whom the duty is delegated under this section
cannot delegate that duty.
(4) A person performing the duty that has been delegated to the
5 person under this section is to be taken to do so in accordance
with the terms of the delegation unless the contrary is shown.
(5) Nothing in this section limits the ability of the Commissioner to
perform the duty through an officer or agent.
48. Regulations
10 (1) The Governor may make regulations prescribing all matters that
are required or permitted by this Act to be prescribed, or are
necessary or convenient to be prescribed for giving effect to the
purposes of this Act.
(2) Without limiting subsection (1), regulations may be made
15 that --
(a) prescribe fees for applications, renewals and transfers
under this Act;
(b) provide for the imposition and recovery of fees and
charges in respect of --
20 (i) the inspection, supervision, surveillance and
sampling by inspectors of plants cultivated or
possessed under a licence for the purposes of
ensuring compliance with the conditions of the
licence; and
25 (ii) the analysis or examination of samples or
specimens of plants taken under this Act;
(c) prescribe the amount of any fee or charge referred to in
paragraph (b) or authorise the determination of that
amount by the Registrar;
page 27
Industrial Hemp Bill 2003
Part 6 Miscellaneous
s. 48
(d) provide for the establishment and maintenance of a
register of --
(i) crops cultivated under a licence;
(ii) premises where industrial hemp is stored or
5 processed; and
(iii) premises where industrial hemp seed is stored;
(e) provide for the procedure to be followed in and in
relation to the taking, packaging and labelling of
samples of plants taken under this Act;
10 (f) provide for the procedure to be followed in and in
relation to --
(i) any analysis or examination under this Act; and
(ii) the admissibility and receipt of evidence relating
to any thing obtained or received for an analysis
15 or examination referred to in subparagraph (i);
(g) provide for the manner in which any thing is to be
conveyed to and analysed or examined by an approved
analyst, approved botanist or other expert;
(h) provide for the circumstances and manner in which a
20 person may, on payment of the prescribed fee, be given
information in the register; and
(i) prescribe measures to be taken by a licence holder to
ensure the security of industrial hemp seed and crops of
industrial hemp or harvested plants cultivated in
25 accordance with a licence.
(3) If the regulations authorise a determination of the kind referred
to in subsection (2)(c) the amount is to be determined by
reference to the reasonable costs of providing the service to
which the fee or charge relates.
page 28
Industrial Hemp Bill 2003
Consequential amendments to the Misuse of Drugs Act 1981 Part 7
s. 49
Part 7 -- Consequential amendments to the Misuse of
Drugs Act 1981
49. The Act amended
The amendments in this Part are to the Misuse of Drugs
5 Act 1981*.
[* Reprinted as at 11 January 2002.
For subsequent amendments see Act No. 9 of 2003.]
50. Section 3 amended
Section 3(1) is amended by inserting the following definitions in
10 the appropriate alphabetical positions --
"
"industrial hemp" has the meaning given to that term
in section 3(1) of the Industrial Hemp Act 2003;
"industrial hemp seed" has the meaning given to
15 that term in section 3(1) of the Industrial Hemp
Act 2003;
"processed industrial hemp" means any product
made from industrial hemp or industrial hemp seed
that --
20 (a) does not contain more than 0.35% of
tetrahydrocannabinol;
(b) does not contain viable whole cannabis seed;
and
(c) is not manufactured in a form to be inhaled;
25 ".
51. Section 4 amended
(1) Section 4(1) is amended by deleting "The" and inserting
instead --
" Subject to subsection (4), the ".
page 29
Industrial Hemp Bill 2003
Part 7 Consequential amendments to the Misuse of Drugs Act 1981
s. 52
(2) After section 4(3) the following subsection is inserted --
"
(4) This Act does not apply to processed industrial hemp.
".
5 52. Section 6 amended
Section 6(2)(a) is amended by inserting after "Poisons
Act 1964" --
" or the Industrial Hemp Act 2003 ".
53. Section 7 amended
10 Section 7(2) is amended by inserting after "Poisons
Act 1964" --
" or the Industrial Hemp Act 2003 ".
54. Section 8A inserted
After section 8 the following section is inserted in Part II --
15 "
8A. Defences relating to industrial hemp or industrial
hemp seed
(1) In proceedings against --
(a) a person who may process industrial hemp
20 under a licence granted under the Industrial
Hemp Act 2003; or
(b) an employee, agent or contractor of a person
referred to in paragraph (a),
for an offence against section 5(1)(a)(i) involving the
25 manufacture or preparation of a prohibited drug or
prohibited plant for use, it is a defence for the person to
prove that the prohibited drug or prohibited plant is
industrial hemp or industrial hemp seed.
page 30
Industrial Hemp Bill 2003
Consequential amendments to the Misuse of Drugs Act 1981 Part 7
s. 54
(2) In proceedings against --
(a) a person who may cultivate, harvest or process
industrial hemp under a licence granted under
the Industrial Hemp Act 2003; or
5 (b) an employee, agent or contractor of a person
referred to in paragraph (a),
for an offence against section 5(1)(a)(ii) involving the
manufacture, preparation, sale, supply or use of a
prohibited drug or prohibited plant, it is a defence for
10 the person to prove that the prohibited drug or
prohibited plant is industrial hemp or industrial hemp
seed.
(3) In proceedings against --
(a) a person who may cultivate, harvest or process
15 industrial hemp under a licence granted under
the Industrial Hemp Act 2003; or
(b) an employee, agent or contractor of a person
referred to in paragraph (a),
for an offence against section 5(1)(c) involving being
20 knowingly concerned in the management of any
premises used for a purpose referred to in
section 5(1)(a), it is a defence for the person to prove
that the prohibited drug or prohibited plant is industrial
hemp or industrial hemp seed.
25 (4) In proceedings against --
(a) a person who may cultivate, harvest or process
industrial hemp under a licence granted under
the Industrial Hemp Act 2003; or
(b) an employee, agent or contractor of a person
30 referred to in paragraph (a),
for an offence against section 6(1)(a), it is a defence for
the person to prove that the prohibited drug is industrial
hemp or industrial hemp seed.
page 31
Industrial Hemp Bill 2003
Part 7 Consequential amendments to the Misuse of Drugs Act 1981
s. 54
(5) In proceedings against --
(a) a person who may process industrial hemp
under a licence granted under the Industrial
Hemp Act 2003; or
5 (b) an employee, agent or contractor of a person
referred to in paragraph (a),
for an offence against section 6(1)(b) involving
manufacturing or preparing a prohibited drug, it is a
defence for the person to prove that the prohibited drug
10 is industrial hemp or industrial hemp seed.
(6) In proceedings against --
(a) a person who may cultivate, harvest or process
industrial hemp under a licence granted under
the Industrial Hemp Act 2003; or
15 (b) an employee, agent or contractor of a person
referred to in paragraph (a),
for an offence against section 6(1)(c) involving selling
or supplying, or offering to sell or supply a prohibited
drug to another, it is a defence for the person to prove
20 that the prohibited drug is industrial hemp or industrial
hemp seed.
(7) In proceedings against --
(a) a person who may cultivate, harvest or process
industrial hemp under a licence granted under
25 the Industrial Hemp Act 2003; or
(b) an employee, agent or contractor of a person
referred to in paragraph (a),
for an offence against section 6(2) involving possession
or use of a prohibited drug, it is a defence for the
30 person to prove that the prohibited drug is industrial
hemp or industrial hemp seed.
page 32
Industrial Hemp Bill 2003
Consequential amendments to the Misuse of Drugs Act 1981 Part 7
s. 54
(8) In proceedings against --
(a) a person who may cultivate, harvest or process
industrial hemp under a licence granted under
the Industrial Hemp Act 2003; or
5 (b) an employee, agent or contractor of a person
referred to in paragraph (a),
for an offence against --
(c) section 7(1)(a) involving possessing or
cultivating a prohibited plant with intent to sell
10 or supply the prohibited plant or any prohibited
drug obtainable therefrom to another; or
(d) section 7(1)(b) involving selling or supplying,
or offering to sell or supply, a prohibited plant
to another,
15 it is a defence for the person to prove that the
prohibited plant is industrial hemp or industrial hemp
seed.
(9) In proceedings against --
(a) a person who may cultivate, harvest or process
20 industrial hemp under a licence granted under
the Industrial Hemp Act 2003; or
(b) an employee, agent or contractor of a person
referred to in paragraph (a),
for an offence against section 7(2) involving having in
25 his or her possession or cultivating a prohibited plant, it
is a defence for the person to prove that the prohibited
plant is industrial hemp or industrial hemp seed.
".
page 33
Industrial Hemp Bill 2003
Part 8 Consequential amendment to the Poisons Act 1964
s. 55
Part 8 -- Consequential amendment to the
Poisons Act 1964
55. The Act amended
(1) The amendment in this Part is to the Poisons Act 1964*.
5 [* Reprinted as at 22 January 1999.
For subsequent amendments see Western Australian
Legislation Information Tables for 2002, Table 1, p. 300 and
Act No. 9 of 2003 and Gazette 10 October 2003 p. 4403-4
and p. 4404-5.]
10 (2) After section 7 the following section is inserted in Part I --
"
7A. Application: industrial hemp, industrial hemp seed
and processed industrial hemp
This Act does not apply to --
15 (a) industrial hemp or industrial hemp seed as
defined in section 3(1) of the Industrial Hemp
Act 2003; or
(b) processed industrial hemp as defined in
section 3(1) of the Misuse of Drugs Act 1981.
20 ".
page 34
Industrial Hemp Bill 2003
Defined Terms
Defined Terms
[This is a list of terms defined and the provisions where they are defined.
The list is not part of the law.]
Defined Term Provision(s)
application .................................................................................................. 3(1)
approved ..................................................................................................... 3(1)
approved analyst.......................................................................................... 3(1)
approved botanist ........................................................................................ 3(1)
authorised activity ....................................................................................... 3(1)
authorised premises ..................................................................................... 3(1)
cannabis ...................................................................................................... 3(1)
Commissioner ............................................................................................. 3(1)
Department ................................................................................................. 3(1)
departmental officer ....................................................................................... 44
external serious drug offence ....................................................................... 3(1)
industrial hemp.......................................................................................3(1), 50
industrial hemp seed...............................................................................3(1), 50
inspector ..................................................................................................... 3(1)
licence......................................................................................................... 3(1)
licensee ....................................................................................................... 3(1)
plant............................................................................................................ 3(1)
premises...................................................................................................... 3(1)
process ........................................................................................................ 3(1)
processed industrial hemp............................................................................... 50
Registrar ..................................................................................................... 3(1)
relevant person ................................................................................ 10(1), 12(1)
serious drug offence .................................................................................... 3(1)
specified.....................................................................................................37(4)
transferee ...................................................................................................21(1)
page 35
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