Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In proceedings
against —
(a) a
person who may process industrial hemp under a licence granted under the
Industrial Hemp Act 2004 ; 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 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.
(2) In proceedings
against —
(a) a
person who may cultivate, harvest or process industrial hemp under a licence
granted under the Industrial Hemp Act 2004 ; or
(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 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 industrial hemp under a licence
granted under the Industrial Hemp Act 2004 ; 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 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.
(4) In proceedings
against —
(a) a
person who may cultivate, harvest or process industrial hemp under a licence
granted under the Industrial Hemp Act 2004 ; or
(b) an
employee, agent or contractor of a person 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.
(5) In proceedings
against —
(a) a
person who may process industrial hemp under a licence granted under the
Industrial Hemp Act 2004 ; or
(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 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 2004 ; or
(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
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 the Industrial Hemp Act 2004 ; 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 person to prove that the prohibited drug is industrial hemp or
industrial hemp seed.
(8) In proceedings
against —
(a) a
person who may cultivate, harvest or process industrial hemp under a licence
granted under the Industrial Hemp Act 2004 ; or
(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 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,
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 industrial hemp under a licence
granted under the Industrial Hemp Act 2004 ; 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 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.
[Section 8A inserted by No. 1 of 2004
s. 54.]