Queensland Consolidated Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Previous]
[Next]
[Download]
[Help]
DRUGS MISUSE ACT 1986 - SECT 83
What happens to cannabis seed if licence cancelled or renewal refused
83 What happens to cannabis seed if licence cancelled or renewal refused
(1) This section applies if— (a) the chief executive refuses to renew a
licence under section 66 and the licensee possesses cannabis seed, other than
harvested material under section 82 ; or
(b) the chief executive cancels a
licensee’s licence under section 77 .
(2) The chief executive may— (a)
for industrial cannabis seed— (i) denature the cannabis seed; or
(ii)
supply the seed to a seed handler to denature the seed; or
(iii) supply the
seed to a researcher, a grower, or a person authorised under a regulation
under section 48 to possess industrial cannabis seed; or
(b) for class A or
class B research cannabis seed—supply the seed to a researcher, or a person
authorised under a regulation under section 48 , who may possess the cannabis
seed; or
(c) destroy the seed.
(3) For subsection (2) — (a) the chief
executive is taken to hold a licence identical to the cancelled licence for
the place stated in the cancelled licence; and
(b) the cannabis seed in the
possession of the former licensee immediately before the cancellation are
taken to be in the chief executive’s possession and not the possession of
the licensee; and
(c) if— (i) the cancelled licence was a researcher
licence; and
(ii) under the cancelled licence, class A or class B research
cannabis seed is in the possession of a grower for use for growing class A or
class B research cannabis plants on land owned or leased by the grower as part
of a field trial conducted under the supervision of a researcher;
the cannabis
seed is taken to be in the chief executive’s possession and not in the
possession of the grower or the former licensee.
(4) For subsections (2) and
(3) , the chief executive may— (a) enter and re-enter the place stated in
the cancelled licence as often as is reasonably necessary; and
(b) bring onto
the place reasonably necessary machinery and other equipment; and
(c) open
anything in which the chief executive reasonably suspects cannabis seed may be
kept; and
(d) inspect anything opened under paragraph (c) and seize any
cannabis seed found.
(5) For subsection (4) , the chief executive is taken to
have the powers of an inspector who enters a place.
(6) No compensation is
payable by the State because of the destruction of the seed.
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback