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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
LEGISLATIVE COUNCIL
(Hon Dr Christine Sharp)
Poisons Amendment (Cannabis for Medical
and Commercial Uses) Bill 1999
A Bill for
An Act to amend the Poisons Act 1964.
The Parliament of Western Australia enacts as follows:
68 -- 1
Poisons Amendment (Cannabis for Medical and Commercial Uses) Bill
1999
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Poisons Amendment (Cannabis for
Medical and Commercial Uses) Act 1999.
5 2. Commencement
(1) Subject to subsection (2), this Act comes into operation on the
day it receives the Royal Assent.
(2) Subject to subsection (3), sections 4, 5, 6, 7 and 8 come into
operation on a day or days to be proclaimed.
10 (3) If a provision referred to in subsection (2) does not come into
operation before 1 January 2001, it comes into operation on that
day.
3. Principal Act
In this Act, the Poisons Act 1964* is referred to as the principal
15 Act.
[* Act No 70 of 1964.
For subsequent amendments, see 1997 Index to Legislation of
Western Australia, pp.181 and 182.]
page 2
Poisons Amendment (Cannabis for Medical and Commercial Uses) Bill
1999
Permits for cannabis medical treatment Part 2
s. 4
Part 2 -- Permits for cannabis medical treatment
4. Part IV -- New Division 2
The principal Act is amended by inserting after section 45 the
following new Division --
5 "
Division 2 -- Cannabis medical treatment
45A. Interpretation
(1) In this Division --
"appropriate medical practitioner" includes a
10 medical practitioner who makes a recommendation
in accordance with section 45B;
"appropriate person" includes the holder of a
cannabis medical treatment permit;
"cannabis medical treatment" means the
15 administration of cannabis for a medical condition
and includes palliative care;
"cannabis medical treatment permit" means a
permit issued by the Commissioner of Health
under this Division;
20 "permit" means a cannabis medical treatment permit;
"permit holder" means the person in whose name a
permit is issued under this Division;
"primary caregiver" in relation to a patient, means
the person, nominated by the patient, who
25 regularly assumes responsibility for the housing,
health or safety of the patient; and
page 3
Poisons Amendment (Cannabis for Medical and Commercial Uses) Bill
1999
Part 2 Permits for cannabis medical treatment
s. 4
"palliative care" includes treatment for the relief of
pain, suffering and discomfort in relation to the
patient's medical condition.
45B. Medical practitioner may recommend permit
5 (1) Where a medical practitioner in the lawful practice of
his or her profession is satisfied that a patient requires
cannabis medical treatment for a current medical
condition the medical practitioner may, provided the
patient so consents, make a recommendation to the
10 Commissioner of Health for the issue of a cannabis
medical treatment permit.
(2) A recommendation under subsection (1) must be in
writing and must --
(a) state the name and address of --
15 (i) the patient; and
(ii) the primary caregiver, if any;
(b) (i) identify the current medical condition of
the patient for which cannabis medical
treatment is recommended; and
20 (ii) recommend the amount of cannabis
required to treat the medical condition;
and
(c) provide any other information --
(i) which the Commissioner of Health so
25 requests; or
(ii) which is prescribed by regulation.
45C. Commissioner of Health may issue permit
(1) On receiving a recommendation made under
section 45B the Commissioner of Health may cause to
page 4
Poisons Amendment (Cannabis for Medical and Commercial Uses) Bill
1999
Permits for cannabis medical treatment Part 2
s. 4
be carried out any inquiries that he or she considers
necessary to properly determine the recommendation
and for this purpose may refer the recommendation to
the Advisory Committee.
5 (2) After considering a recommendation and any inquiry
under subsection (1) the Commissioner of Health may
issue a cannabis medical treatment permit to the patient
or primary caregiver named in the recommendation
subject to --
10 (i) such terms, conditions, limitations and
restrictions which the Commissioner of Health
may in his or her discretion impose; and
(ii) such conditions as may be prescribed.
(3) Where the Commissioner of Health issues a permit
15 under this section he or she must ensure the lawful
availability of cannabis to the permit holder by doing
all things necessary under this Act including but not
limited to --
(a) issuing any appropriate authorization to any
20 appropriate medical practitioner under
section 23 (2)(d);
(b) issuing any appropriate licence to any
appropriate person under section 41A including
a licence to cultivate two cannabis plants; and
25 (c) exempting any person under section 50 (3).
page 5
Poisons Amendment (Cannabis for Medical and Commercial Uses) Bill
1999
Part 2 Permits for cannabis medical treatment
s. 5
45D. Effect of permit
(1) Notwithstanding any other provision of this Act, or any
other Act, a permit holder of a current permit issued
under this Division may --
5 (a) where the permit holder is the patient the
subject of the cannabis treatment, possess and
use cannabis;
(b) where the permit holder is the primary
caregiver, possess and supply cannabis to such
10 patient,
provided that the permit holder complies with this Act
and the terms, conditions, limitations and restrictions to
which the permit is subject.
(2) A permit holder who fails to comply with any term,
15 condition, limitation or restriction to which the permit
is subject commits an offence.
Penalty: Penalty: $20 000 or 12 months imprisonment
or both
".
20 5. Consequential amendments
The principal Act is amended --
(a) in paragraph (i) of section 20 (2), by inserting after
"experimental" wherever occurring the following --
" , medical ";
25 (b) in section 41 (1), by inserting after "experimental" the
following --
" , medical "; and
page 6
Poisons Amendment (Cannabis for Medical and Commercial Uses) Bill
1999
Permits for cannabis medical treatment Part 2
s. 5
(c) in section 59 --
(i) by inserting after the designation "59." the
following new sub-designation --
" (1) "; and
5 (ii) by inserting after the end of the section the
following new subsection --
"
(2) This section does not apply to --
(i) any person issued with a permit under
10 Division 2 of Part IV; or
(ii) any person referred to in subparagraph (i) who
is issued with a licence by virtue of the
operation of section 45C (3)(b).
".
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Poisons Amendment (Cannabis for Medical and Commercial Uses) Bill
1999
Part 3 Authorities to grow and process low-THC cannabis for
commercial purposes
s. 6
Part 3 -- Authorities to grow and process low-THC
cannabis for commercial purposes
6. New section 5A -- exempt products
The principal Act is amended by inserting after section 5 the
5 following new section --
"
5A. Act does not apply to certain processed products
(1) This Act does not apply to --
(a) a processed fibre product made from cannabis
10 if the product --
(i) does not contain more than 0.1 per cent
of tetrahydrocannabinol;
(ii) does not contain whole cannabis seeds;
and
15 (iii) is in a form not suitable for ingestion,
smoking or inhaling; or
(b) a processed product made from cannabis seeds
if the product --
(i) does not contain more than 0.001 per
20 cent of tetrahydrocannabinol; and
(ii) does not contain whole cannabis seeds.
(2) In this section --
"cannabis" means a plant or any part of a plant of the
genus Cannabis L, whether fresh or dried;
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Poisons Amendment (Cannabis for Medical and Commercial Uses) Bill
1999
Authorities to grow and process low-THC cannabis for Part 3
commercial purposes
s. 7
"processed" means treated by natural retting,
mechanical, chemical or other artificial means but
does not include --
(a) harvesting; or
5 (b) the natural process of decay.
".
7. New Part IVA -- Authorities for low-THC cannabis
The principal Act is amended by inserting after Part IV the
following new Part --
10 "
Part IVA -- Authorities for low-THC cannabis
Division 1 --Authorities for low-THC cannabis
45E. Interpretation
In this Part --
15 "authority" means an authority issued under
section 45I;
"cannabis" means a plant or any part of a plant of the
genus Cannabis L, whether fresh or dried;
"identification certificate" means a certificate issued
20 by the Minister under section 45Q (4);
"inspector" means --
(a) a person authorized as an inspector under
section 45Q; or
(b) a member of the police force;
25 "low-THC cannabis" means cannabis, the leaves and
flowering heads of which do not contain more than
0.35 per cent of tetrahydrocannabinol;
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Poisons Amendment (Cannabis for Medical and Commercial Uses) Bill
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Part 3 Authorities to grow and process low-THC cannabis for
commercial purposes
s. 7
"Minister" means the Minister for Agriculture as
referred to in section 8 (3)(d);
"serious conviction" has the meaning given to it by
section 9 of the Spent Convictions Act 1988; and
5 "serious offence" means an indictable offence in
relation to the commission of which a serious
conviction is recorded;
"therapeutic use" in relation to cannabis means use in
or in connection with --
10 (a) the preventing, diagnosing, curing or
alleviating of a disease, ailment, defect or
injury in human beings or animals;
(b) influencing, inhibiting, or modifying of a
physiological process in human beings or
15 animals; or
(c) the testing of the susceptibility of human
beings or animals to a disease or ailment.
45F. Application for authority to cultivate and process
low-THC cannabis
20 (1) A person may apply to the Minister for an authority
authorising that person, for commercial purposes
relating to non-therapeutic use --
(a) to possess, process, sell or supply cannabis seed
which has been harvested from low-THC
25 cannabis;
(b) to cultivate and possess cannabis from seed
which has been harvested from low-THC
cannabis; or
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Poisons Amendment (Cannabis for Medical and Commercial Uses) Bill
1999
Authorities to grow and process low-THC cannabis for Part 3
commercial purposes
s. 7
(c) to possess, process, sell or supply cannabis
which --
(i) is substantially free of leaves and
flowering heads; and
5 (ii) does not contain tetrahydro- cannabinol
in excess of 0.1 per cent.
(2) An application under subsection (1) must --
(a) be in writing; and
(b) be accompanied by the prescribed application
10 fee.
(3) An application under subsection (1) must contain or be
accompanied by evidence to the satisfaction of the
Minister that --
(a) the applicant is a fit and proper person to be
15 given an authority; and
(b) the applicant intends to undertake bona fide
commercial activity relating to the
non-therapeutic use of cannabis under the
authority including evidence of the commercial
20 activity to be carried out.
(4) An applicant must provide any other information about
the applicant or the application which the Minister
reasonably requires.
45G. Minister must investigate application
25 (1) On receiving an application under section 45F, the
Minister must cause to be carried out all investigations
and inquiries that the Minister considers necessary to
properly determine the application.
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Poisons Amendment (Cannabis for Medical and Commercial Uses) Bill
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Part 3 Authorities to grow and process low-THC cannabis for
commercial purposes
s. 7
(2) The Minister may refer a copy of an application and
any supporting documentation to the Commissioner of
Police.
(3) The Commissioner of Police must inquire into and
5 report to the Minister on any matters concerning the
application that the Minister requests.
45H. Matters to be considered in determining
applications
(1) In order to prevent criminal activity in the cultivation
10 and processing of low-THC cannabis, the Minister
must not issue an authority to an applicant unless the
Minister is satisfied that --
(a) the applicant, or any associate of the applicant,
has within the 10 years preceding the
15 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 concerned
in or associated with the cultivation,
20 processing, sale or supply of low-THC
cannabis; and
(c) the applicant's property or premises will be
suitable for the cultivation, processing, sale or
supply of low-THC cannabis in relation to
25 location, facilities and proposed security
arrangements.
(2) In particular, the Minister may consider whether --
(a) the applicant, and each associate of the
applicant, is of good repute, having regard to
30 character, honesty and integrity;
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Poisons Amendment (Cannabis for Medical and Commercial Uses) Bill
1999
Authorities to grow and process low-THC cannabis for Part 3
commercial purposes
s. 7
(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 financial
5 background;
(d) the applicant has any business association with
any person or body who or which, in the
opinion of the Minister, is not of good repute,
having regard to character, honesty and
10 integrity;
(e) each director, partner, trustee, executive officer
and secretary and any other person determined
by the Minister to be associated or connected
with the ownership, administration or
15 management of the operations or business of
the applicant is a suitable person to act in that
capacity.
(3) For the purposes of this section, a person is an
associate of an applicant for an authority if the
20 person --
(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
25 business of the 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 respect to the
management or operation of the business to
30 which the authority relates; or
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Poisons Amendment (Cannabis for Medical and Commercial Uses) Bill
1999
Part 3 Authorities to grow and process low-THC cannabis for
commercial purposes
s. 7
(b) holds or will hold any relevant position,
whether in right of the person or on behalf of
any other person in the business of the
applicant to which the authority relates.
5 (4) In subsection (3) --
"relevant financial interest", in relation to a business,
means --
(a) any share in the capital of the business; or
(b) any entitlement to receive any income
10 derived from the business;
"relevant position", in relation to a business, means
the position of director, manager or other
executive position or secretary, however that
position is designated; and
15 "relevant power" means any power, whether
exercisable by voting or otherwise and whether
exercisable alone or in association with others --
(a) to participate in any directorial, managerial
or executive decision; or
20 (b) to elect or appoint any person to any relevant
position.
45I. Determination of applications
(1) After considering an application and any investigation
under section 45G, the Minister must determine an
25 application by --
(a) issuing an authority; or
(b) refusing to issue an authority.
(2) The Minister must notify the applicant in writing of the
decision under subsection (1).
page 14
Poisons Amendment (Cannabis for Medical and Commercial Uses) Bill
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Authorities to grow and process low-THC cannabis for Part 3
commercial purposes
s. 7
45J. Terms and conditions of authorities
(1) An authority is issued for the term, not exceeding
5 years, specified in the authority unless it is sooner
suspended or cancelled.
5 (2) An authority relates only to the premises or site
described in it.
(3) An authority is subject to the terms, conditions,
limitations and restrictions specified in it including, but
not limited to, terms, conditions, limitations and
10 restrictions relating to --
(a) the premises or site at which the activities
authorized by the authority may be carried out;
(b) the source of seed for sowing, including the
authentication of the varietal identity and
15 tetrahydrocannabinol content of the crop from
which the seed was harvested;
(c) the keeping of records and other documents;
(d) the provision of information, records and other
documents to the Minister relating to --
20 (i) the activities carried out under the
authority;
(ii) a change in the position of director,
manager, secretary or other executive
position, however designated or the
25 structure of the business to which the
authority relates; or
(iii) any other matter that the Minister
reasonably requires;
(e) the disposal of harvested material and crop
30 residue; and
page 15
Poisons Amendment (Cannabis for Medical and Commercial Uses) Bill
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Part 3 Authorities to grow and process low-THC cannabis for
commercial purposes
s. 7
(f) inspection, supervision and surveillance of
seed, plants, crops, harvested material and
products by inspectors.
45K. Renewal of authorities
5 (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.
10 (2) On receiving an application under subsection (1), the
Minister, in the Minister's discretion, may renew the
authority.
(3) A renewed authority lasts for the same period as the
previous authority.
15 45L. Authority not transferable
An authority is not transferable to another person.
45M. Amendment of authorities
(1) The Minister may, in the Minister's discretion --
(a) amend any terms, conditions, limitations or
20 restrictions to which the authority is subject; or
(b) impose new terms, conditions, limitations or
restrictions on an authority.
45N. Suspension or cancellation
(1) The Minister may, by notice in writing to the holder of
25 an authority, suspend or cancel an authority if --
(a) the holder requests suspension or cancellation;
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Poisons Amendment (Cannabis for Medical and Commercial Uses) Bill
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Authorities to grow and process low-THC cannabis for Part 3
commercial purposes
s. 7
(b) the holder has not complied with the terms,
conditions, limitations or restrictions of the
authority;
(c) the holder has failed to comply with this Act or
5 regulations;
(d) the Minister is satisfied that the holder --
(i) is no longer a fit and proper person to
hold the authority; or
(ii) obtained the authority by fraud,
10 misrepresentation or concealment of
facts; or
(e) the holder ceases to carry on the commercial
activity to which the authority relates.
(2) Where an authority is suspended or cancelled under
15 subsection (1), it ceases to be of effect and any
document issued to the former holder must be
surrendered to the Minister on demand.
45O. Appeal to Supreme Court
(1) A person may apply to the Supreme Court for a review
20 of a decision by the Minister --
(a) to refuse to issue an authority to that person;
(b) to refuse to renew an authority held by that
person; or
(c) to suspend, cancel or amend an authority held
25 by that person.
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Poisons Amendment (Cannabis for Medical and Commercial Uses) Bill
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Part 3 Authorities to grow and process low-THC cannabis for
commercial purposes
s. 7
(2) An appeal by a person under this section must be
instituted --
(a) within 28 days after the day on which a
document setting out the terms of the decision
5 of the Minister is furnished to the person or
within such further time as the Supreme Court
(whether before or after the expiration of that
day) allows; and
(b) subject to and in accordance with the rules of
10 the Supreme Court.
(3) The Supreme Court shall hear and determine the appeal
and may make such orders as it thinks appropriate by
reason of its decision including, without limiting by
implication the generality of the foregoing --
15 (a) an order affirming, varying or setting aside the
decision of the Minister; and
(b) an order remitting the matter to be decided
again, either with or without further
information, by the Minister in accordance with
20 the directions of the Supreme Court.
45P. Offence to fail to comply with authority
A person who is the holder of an authority under this
Part must comply with the terms, conditions,
limitations or restrictions to which the authority is
25 subject.
Penalty: Penalty: $20 000 or 12 months imprisonment
or both
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Poisons Amendment (Cannabis for Medical and Commercial Uses) Bill
1999
Authorities to grow and process low-THC cannabis for Part 3
commercial purposes
s. 7
Division 2 -- Inspection and enforcement
45Q. Inspectors under this Part
(1) The Minister, by instrument, may authorize the
following persons to be inspectors for the purposes of
5 all or any of the provisions of this Part --
(a) any person holding a position under the Public
Sector Management Act 1994; or
(b) any other appropriately qualified person.
(2) The Minister may --
10 (a) determine the terms and conditions of
authorization of inspectors; and
(b) in writing, revoke the authorization of an
inspector at any time.
(3) The terms and conditions of authorization may contain
15 general directions as to how the inspector's powers
may be exercised.
(4) The Minister must issue an identification certifcate to
each inspector (other than an inspector who is a
member of the police force) which sets out the
20 provisions of this Part for which the inspector is
authorized to be an inspector.
(5) 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
25 production.
(6) In this Division, a reference to an identification
certificate in relation to an inspector who is a member
page 19
Poisons Amendment (Cannabis for Medical and Commercial Uses) Bill
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Part 3 Authorities to grow and process low-THC cannabis for
commercial purposes
s. 7
of the police force is a reference to written evidence of
the fact that he or she is a member of the police force.
45R. General powers of inspectors
(1) For the purposes of determining compliance with this
5 Part or an authority, an inspector may, with such
assistance as he or she thinks necessary, at any
reasonable time --
(a) enter and inspect any place, other than premises
used as a residence, occupied by any person
10 who is the holder of an authority;
(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
15 the inspector reasonably requires for
ascertaining whether this Part or an authority is
being complied with and --
(i) examine the document;
(ii) make copies of it or take extracts from
20 it; and
(iii) remove the document for as long as is
reasonably necessary to make copies or
extracts;
(d) take or remove for examination samples of or
25 from, or specimens of, any plant of a crop or
product to determine --
(i) the tetrahydrocannabinol content of any
plant, crop or product; and
(ii) that the plant, crop or product has been
30 cultivated or processed in accordance
page 20
Poisons Amendment (Cannabis for Medical and Commercial Uses) Bill
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Authorities to grow and process low-THC cannabis for Part 3
commercial purposes
s. 7
with the authority or that its possession
is in accordance with the authority; and
(e) submit any sample or specimen taken in
accordance with this Part to a laboratory or
5 place approved by the Minister for examination
and testing.
(2) An inspector may not exercise any powers under this
Part where the inspector fails, on request, to produce
his or her identification certificate for inspection by the
10 occupier of the place or the person in charge or
apparent control of the place.
45S. Inspector may order harvest or treatment
(1) Where an inspector is satisfied on reasonable grounds
that any plant or crop contravenes this Part or an
15 authority, the inspector may order the harvest of the
plant or crop and the treatment of that harvested
material.
(2) An order under subsection (1) must --
(a) be in writing;
20 (b) include a statement for the reasons for ordering
the harvest and treatment; and
(c) be given to the holder of the authority.
(3) In this section --
"treatment" means the taking or causing to be taken
25 such action, measure or procedure as is prescribed
by regulation.
page 21
Poisons Amendment (Cannabis for Medical and Commercial Uses) Bill
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Part 3 Authorities to grow and process low-THC cannabis for
commercial purposes
s. 7
45T. Inspector has power to detain or seize
Where an inspector believes, on reasonable grounds,
that any plant, crop or product contravenes this Part or
an authority, the inspector may detain or seize the
5 plant, crop or product and deal with it in accordance
with section 45U.
45U. Procedure where inspector detains or seizes plants,
crops or products
(1) Where an inspector detains or seizes any plant, crop or
10 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 plant, crop or product
to the holder of the authority; and
15 (b) take or send to a laboratory or place approved
by the Minister for examination and testing, the
plant, crop or product or a sample of the plant,
crop or product.
(2) A person must not remove the whole or any part of a
20 plant, crop or product detained or seized while the
detention or seizure notice remains in force, except on
the written authority or written direction of an
inspector or the Minister.
Penalty: $10 000 or six months imprisonment or both
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Authorities to grow and process low-THC cannabis for Part 3
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s. 7
(3) Where the results of the examination or test of the
samples taken or sent in accordance with
subsection 1(b) show that the plant, crop or product --
(a) was not in contravention of this Part or the
5 authority, the inspector must immediately
release or return the plant, crop or product to
the holder of the authority; or
(b) was in contravention of this Part or the
authority, the inspector must --
10 (i) inform the holder of the authority or the
person in whose possession the plant,
crop or product was found (as the case
may be) in writing of the results; and
(ii) arrange for or order the harvest, disposal
15 or destruction of the plant, crop or
product.
(4) Where an arrangement or order is made for the disposal
or destruction of a plant, crop or product under
subsection 3(b)(ii), the inspector must give notice of
20 that arrangement or order before that disposal or
destruction takes place.
(5) A notice under subsection (4) must --
(a) be in writing;
(b) include a statement of the reasons for arranging
25 or ordering the disposal or destruction;
(c) fix a time for the disposal or destruction; and
(d) be given to the holder of the authority.
(6) Nothing in this section limits the power of a member of
the police force to take legal proceedings in respect of
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Poisons Amendment (Cannabis for Medical and Commercial Uses) Bill
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Part 3 Authorities to grow and process low-THC cannabis for
commercial purposes
s. 7
any plant, crop or product found not to comply with
this Part or an authority.
45V. Appeal to Minister where disposal or destruction
ordered
5 (1) Within 48 hours of receiving notice under section
45W(4), the holder of an authority may lodge an appeal
in writing against the disposal or destruction with the
Minister.
(2) Within 3 business days after an appeal is lodged under
10 subsection (1), the Minister must determine the appeal
by --
(a) cancelling the arrangement or order made by
the inspector under section 45U; or
(b) confirming the arrangement or order made by
15 the inspector under section 45U.
(3) The Minister must notify the holder of the authority in
writing of the determination made under
subsection (2).
45W. Offences in relation to inspector's exercise of power
20 (1) A person must not, without reasonable excuse, hinder
or obstruct an inspector in the exercise of a power
under this Part.
Penalty: Penalty: $20 000 or 12 months imprisonment
or both
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Authorities to grow and process low-THC cannabis for Part 3
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s. 7
(2) A person must not, without reasonable excuse, fail to
comply with the lawful direction, requirement or order
of an inspector.
Penalty: Penalty: $20 000 or 12 months imprisonment
5 or both
45X. Inspector may possess cannabis for purposes of this
Part
An inspector is authorized to have cannabis in his or
her possession in the exercise or performance of any
10 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
45Y. Regulations
(1) The Governor may make regulations for or with
15 respect to --
(a) fees for applications and renewals for the
purposes of this Part;
(b) authorizing and requiring inspectors to impose
fees and charges of such amounts or rates as are
20 prescribed or determined in the manner
prescribed for --
(i) sampling and testing cannabis plants
and crops grown or products produced
in accordance with this Part as required
25 under an authority or to determine the
tetrahydrocannabinol content of those
plants, crops or products;
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Poisons Amendment (Cannabis for Medical and Commercial Uses) Bill
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Part 3 Authorities to grow and process low-THC cannabis for
commercial purposes
s. 7
(ii) supervising the harvesting, disposal or
destruction of cannabis plants, crops or
products;
(iii) carrying out inspections, supervision or
5 surveillance of cannabis plants or crops
grown or products produced in
accordance with this Part to ensure the
terms, conditions, limitations and
restrictions of an authority are being
10 complied with;
(iv) providing any other service in respect of
cannabis plants or crops grown or
products produced in accordance with
this Part;
15 (c) generally prescribing any other matter or thing
required or permitted by this Part to be
prescribed or necessary to be prescribed to give
effect to this Part.
(2) Regulations made under this Part may --
20 (a) be of general or limited application;
(b) differ according to differences in time, place or
circumstance;
(c) provide for different fees for different activities
or classes of activity or different cases or
25 classes of cases;
(d) provide for specific, minimum or maximum or
minimum and maximum fees;
(e) provide for the waiver or reduction of fees;
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Poisons Amendment (Cannabis for Medical and Commercial Uses) Bill
1999
Authorities to grow and process low-THC cannabis for Part 3
commercial purposes
s. 8
(f) in the case of applications for the issue or
renewal of authorities, specify fees that reflect
the cost of administration of, and the provision
of inspection and other services in connection
5 with this Part; and
(g) leave any matter to be approved or determined
by the Minister or an inspector.
".
8. Consequential amendments
10 The principal Act is amended --
(a) in section 59, by inserting after "or permits under this
Act" the following --
" except authorities issued under Part IVA ";
(b) in paragraph (b) of section 61 --
15 (i) in subparagraph (v) by inserting after "Act" the
following --
"
except an authority issued under Part IVA
";
20 (ii) by inserting after subparagraph (v) the following
new subparagraph --
"
(vi) in the case of a person who holds an
authority issued under Part IVA, by the
25 Minister of Agriculture.
".
(c) in section 63, by inserting after "authorized officer"
wherever occurring the following --
" or inspector "; and
page 27
Poisons Amendment (Cannabis for Medical and Commercial Uses) Bill
1999
Part 3 Authorities to grow and process low-THC cannabis for
commercial purposes
s. 8
(d) in section 61A --
(i) by inserting before "production of a certificate"
the following designation --
" (a) "; and
5 (ii) by deleting the full stop after "stated in the
certificate" and inserting the following --
"
; and
(b) a certificate that any person is or is not or was
10 or was not on a certain date for a certain period
a holder of an authority under Part IVA, if
purporting to be signed by the Minister of
Agriculture, shall be prima facie evidence of
the facts therein stated.
15 ".
page 28
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