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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
INDUSTRIAL HEMP BILL 2015
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
3. Act binds Crown
4. Interpretation
5. Delegation
PART 2 - LICENCES
6. Application for licence
7. Investigation of application
8. Suitability of applicant
9. Criminal history of applicant
10. Secretary must consult Minister
11. Determination of licence application
12. Industrial hemp licence
13. Special licence
14. Offence not to comply with licence
15. Duration of licence
16. Conditions of licence
17. Suspension or cancellation of licence
18. Renewal of licence
[Bill 47]-IV
19. Application for review of decision
20. Review of decision
PART 3 - INSPECTORS
21. Inspectors
22. Powers of inspectors
23. Hemp to be tested
24. Search warrants
25. Interference with inspectors
PART 4 - OFFENCES
26. False or misleading statements
27. Offences
28. Provisions relating to requirements to furnish records,
information or answer questions
29. Offences by corporations
30. Proceedings for offences
31. Infringement notices
32. Forfeiture and destruction of hemp and industrial hemp
PART 5 - MISCELLANEOUS
33. Approved fees
34. Protection from personal liability
35. Savings provisions for current licences
36. Regulations
37. Administration of Act
38. Principal Act
39. Section 4 amended (Relationship with other Acts)
2
INDUSTRIAL HEMP BILL 2015
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
SHANE DONNELLY, Clerk of the House
24 September 2015
(Brought in by the Minister for Primary Industries and Water,
the Honourable Jeremy Page Rockliff)
A BILL FOR
An Act to authorise and regulate the cultivation of
industrial hemp and for related purposes
Be it enacted by Her Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 - PRELIMINARY
1. Short title
This Act may be cited as the Industrial Hemp
Act 2015.
2. Commencement
This Act commences on a day to be proclaimed.
[Bill 47] 3
Industrial Hemp Act 2015
Act No. of
s. 3 Part 1 - Preliminary
3. Act binds Crown
This Act binds the Crown in right of Tasmania
and, so far as the legislative power of Parliament
permits, in all its other capacities.
4. Interpretation
In this Act, unless the contrary intention
appears -
certified hemp seed means seed certified, in
accordance with the regulations, as seed
that will typically produce hemp plants
with a concentration of THC in the
leaves and flowering heads of not more
than 0.5%;
corresponding law means a law of another
Australian jurisdiction that is declared by
the regulations to be a corresponding law
for the purposes of this Act;
criminal history, in relation to a person,
means any conviction of, and finding of
guilt against, the person other than an
annulled conviction, within the meaning
of the Annulled Convictions Act 2003;
cultivate includes the following:
(a) plant a seed, seedling or cutting;
(b) graft, divide or transplant a plant;
(c) nurture, tend, grow or harvest a
plant;
4
Industrial Hemp Act 2015
Act No. of
Part 1 - Preliminary s. 4
drug-related offence means an indictable
offence under the Misuse of Drugs Act
2001, the Poisons Act 1971 or the
Criminal Code Act 1924 or under a
corresponding law;
function includes power, authority and duty;
hemp means any plant of the genus Cannabis;
industrial hemp means any plant of the genus
Cannabis that -
(a) has been grown from certified
hemp seed; and
(b) has a concentration of THC in the
leaves and flowering heads of not
more than 1% -
and includes the seed of any such plant
and any product derived from any such
plant;
industrial hemp licence means an industrial
hemp licence issued in accordance with
section 11;
inspector means a person appointed as an
inspector under section 21;
licence means an industrial hemp licence, or a
special licence, in force under this Act;
premises includes the following:
(a) a building or structure;
5
Industrial Hemp Act 2015
Act No. of
s. 4 Part 1 - Preliminary
(b) land or a place (whether built on
or not);
(c) a conveyance;
records includes plans, specifications, maps,
reports, books and other documents
whether in writing, in electronic form or
otherwise;
regulations means regulations made under
this Act;
Secretary means the Secretary of the
Department;
sell means sell by wholesale or retail and
includes the following:
(a) agree to sell;
(b) offer or expose for sale;
(c) keep, or possess, for sale;
(d) deal in, barter or exchange;
(e) send, forward, deliver or receive
for sale;
(f) authorise, direct, cause, permit, or
suffer any of the things in
paragraph (a), (b), (c), (d) or (e)
to be done;
special licence means a special licence issued
in accordance with section 13;
6
Industrial Hemp Act 2015
Act No. of
Part 1 - Preliminary s. 5
supply includes the following:
(a) deliver, sell, trade, give or
distribute, whether for valuable
consideration or not;
(b) offer or agree to supply;
(c) cause or permit to supply;
(d) hold in possession for the purpose
of supply;
(e) produce or pack for the purpose
of supply;
THC means delta-9-tetrahydrocannabinol.
5. Delegation
(1) The Minister or the Secretary may delegate any
of his or her functions or powers under this Act,
other than this power of delegation.
(2) A delegation by the Minister or Secretary under
this section -
(a) is to be by instrument in writing; and
(b) may be absolute or conditional; and
(c) does not derogate from the power of the
Minister or Secretary, respectively, to act
in any matter; and
(d) may be revoked by the Minister or
Secretary, respectively.
7
Industrial Hemp Act 2015
Act No. of
s. 6 Part 2 - Licences
PART 2 - LICENCES
6. Application for licence
(1) A person may apply to the Secretary for an
industrial hemp licence or a special licence.
(2) An application must -
(a) be in a form approved by the Secretary;
and
(b) be accompanied by the prescribed fee;
and
(c) contain such other information, and be
accompanied by such other records, as
the Secretary may require to determine
the application.
7. Investigation of application
(1) On receipt of an application for a licence, the
Secretary may carry out such investigations and
inquiries as the Secretary considers necessary to
determine the application.
(2) The Secretary may, by notice in writing, require
an applicant to -
(a) provide such information, and produce
such records, as are relevant to the
investigation of the application and
specified in the notice; and
8
Industrial Hemp Act 2015
Act No. of
Part 2 - Licences s. 8
(b) provide the Secretary with such
authorities and consents as the Secretary
directs to enable the Secretary to obtain
financial or other confidential
information concerning the applicant
from other persons.
(3) If a requirement made under this section is not
complied with, the Secretary may refuse to
determine the application.
8. Suitability of applicant
(1) The Secretary must not grant a licence to an
applicant unless satisfied that the applicant is a
fit and proper person to be involved in the
cultivation or supply of hemp or industrial hemp.
(2) The Secretary must not grant a licence to a
person if the person has been found guilty of a
drug-related offence.
(3) The Secretary may refuse to grant a licence to a
person -
(a) if the person has been found guilty of an
offence that, in the opinion of the
Secretary, makes the person unsuitable to
be involved in, the cultivation or supply
of hemp or industrial hemp under a
licence; or
(b) on any other grounds that the Secretary
considers appropriate.
9
Industrial Hemp Act 2015
Act No. of
s. 9 Part 2 - Licences
(4) The regulations may make further provision for
the circumstances in which the Secretary may
refuse, or is required to refuse, to grant a licence
to a person.
9. Criminal history of applicant
(1) The Secretary must take into account an
applicant's criminal history.
(2) Any costs incurred by the Secretary in
investigating an applicant's criminal history
under subsection (1) are to be paid by the
applicant.
10. Secretary must consult Minister
Before determining an application for a special
licence, the Secretary must consult with the
Minister administering the Poisons Act 1971.
11. Determination of licence application
(1) The Secretary is to determine an application for
a licence -
(a) by granting the application and issuing
an industrial hemp licence or a special
licence to the applicant; or
(b) by refusing the application.
(2) The Secretary is to give the applicant written
notice of the determination of the application
10
Industrial Hemp Act 2015
Act No. of
Part 2 - Licences s. 12
and, if the application is refused, written reasons
for the refusal.
12. Industrial hemp licence
An industrial hemp licence may authorise a
person to possess, cultivate or supply industrial
hemp for any one or more of the following
purposes specified in the licence:
(a) commercial production;
(b) use in any manufacturing process;
(c) food production;
(d) scientific research, instruction, analysis
or study;
(e) any other purpose approved by the
Secretary.
13. Special licence
A special licence may authorise a person to
possess, cultivate or supply hemp, that is not
industrial hemp, for the purpose of scientific
research, instruction, analysis or study.
14. Offence not to comply with licence
A person who is the holder of a licence -
(a) must not possess, cultivate or supply
hemp or industrial hemp otherwise than
11
Industrial Hemp Act 2015
Act No. of
s. 15 Part 2 - Licences
for the purpose for which the licence is
granted; and
(b) must comply with the terms and
conditions of the licence.
Penalty: Fine not exceeding 100 penalty units
or imprisonment for a term not
exceeding 2 years, or both.
15. Duration of licence
A licence continues in force for a period of 5
years from the date on which it was granted or
renewed, or such shorter period as may be
specified in the licence.
16. Conditions of licence
(1) A licence is subject to -
(a) such terms and conditions as are imposed
by this Act or prescribed by the
regulations; and
(b) such terms and conditions as may be
imposed by the Secretary, at the time the
licence is granted or renewed or at any
later time.
(2) A term or condition imposed by the Secretary
after the licence is granted or renewed takes
effect -
12
Industrial Hemp Act 2015
Act No. of
Part 2 - Licences s. 17
(a) when written notice of the term or
condition is given to the holder of the
licence; or
(b) at such later date as may be specified in
the notice.
(3) The Secretary may at any time, by notice in
writing to the holder of a licence, vary or revoke
a term or condition imposed by the Secretary.
17. Suspension or cancellation of licence
(1) The Secretary may, by written notice served on a
licence holder, suspend or cancel an industrial
hemp licence or a special licence -
(a) if satisfied that the person has breached a
term or condition of the licence; or
(b) if satisfied that the person is no longer a
fit and proper person to hold the licence;
or
(c) for any other prescribed reason.
(2) Before suspending or cancelling a licence, the
Secretary is to -
(a) give to the holder of the licence one
month's notice in writing to show cause
why the licence should not be suspended
or cancelled; and
(b) give consideration to any representations
which the holder may make in that
respect.
13
Industrial Hemp Act 2015
Act No. of
s. 18 Part 2 - Licences
(3) The suspension or cancellation of a licence takes
effect -
(a) on and from the day specified in the
notice; and
(b) in the case of a suspension, for the period
specified in the notice.
18. Renewal of licence
(1) Not less than 30 days before the expiration of a
licence, the holder of the licence may apply to
the Secretary for the renewal of the licence.
(2) The Secretary, at his or her discretion, may
accept an application for the renewal of a licence
lodged less than 30 days before the expiration of
the licence.
(3) An application for renewal must be -
(a) in a form approved by the Secretary; and
(b) accompanied by any prescribed fee and,
in the case of an application accepted
under subsection (2), any further
prescribed late fee; and
(c) accompanied by any documents and
information the Secretary requires.
(4) Sections 7, 8, 11, 15, 16, 19 and 20 apply to an
application for, and the grant and issue of, the
renewal of a licence in the same manner as they
apply to an application for, and the grant and
issue of, a licence.
14
Industrial Hemp Act 2015
Act No. of
Part 2 - Licences s. 19
(5) If an application for renewal of a licence is made
under this section, the current licence continues
in force until it is renewed or its renewal is
refused.
(6) The renewal of a licence takes effect from the
date on which the licence was due to expire.
(7) The refusal to renew a licence takes effect on the
date of the notice of refusal.
(8) An applicant for renewal must disclose to the
Secretary any offences committed within the
period of the licence.
Penalty: Fine not exceeding 100 penalty units.
19. Application for review of decision
(1) An applicant may apply to the Minister to review
a decision of the Secretary.
(2) The application -
(a) is to be made in writing within 30 days
of the applicant receiving notice of the
Secretary's decision; and
(b) is to specify the reasons for the
application.
(3) The Minister may extend the period referred to
in subsection (2) for making an application.
15
Industrial Hemp Act 2015
Act No. of
s. 20 Part 2 - Licences
20. Review of decision
(1) The Minister must, within 30 days after
receiving an application under section 19 for a
review of a decision, make a determination -
(a) substituting the decision with another
decision; or
(b) confirming the decision; or
(c) revoking the decision.
(2) The Minister must, by notice served on the
applicant, notify the applicant of -
(a) the determination made; and
(b) the findings on material questions of fact;
and
(c) the evidence or other material on which
the findings are based; and
(d) the reasons for the determination.
16
Industrial Hemp Act 2015
Act No. of
Part 3 - Inspectors s. 21
PART 3 - INSPECTORS
21. Inspectors
(1) The Secretary may appoint persons to hold the
office of inspector for the purposes of this Act.
(2) An inspector may be appointed generally or for a
specified purpose.
(3) A person who is a State Service officer or State
Service employee may hold the office of
inspector in conjunction with his or her State
Service employment.
(4) An inspector is to exercise power subject to any
conditions specified by the Secretary in the
instrument of appointment.
22. Powers of inspectors
(1) An inspector may -
(a) enter, inspect and examine any premises
if the inspector believes on reasonable
grounds that hemp is being kept,
cultivated or supplied at those premises
contrary to this Act; and
(b) inspect, take copies of or seize any
records, documents or other matter kept
at any premises or in any conveyance in
relation to the possession, cultivation or
supply of hemp; and
17
Industrial Hemp Act 2015
Act No. of
s. 23 Part 3 - Inspectors
(c) test any hemp that is being kept,
cultivated or supplied at any premises to
determine the concentration of THC in
the hemp; and
(d) do anything else necessary or desirable to
ensure compliance with this Act; and
(e) exercise other prescribed powers.
(2) An inspector exercising power under this section
is not entitled to enter premises, or a part of
premises, used for residential purposes, except -
(a) with the consent of the occupier or owner
of the premises; or
(b) under the authority of a search warrant.
23. Hemp to be tested
(1) An inspector may test any hemp cultivated under
this Act to determine the concentration of THC
in the hemp.
(2) Testing under this section is to be carried out at
the times and in the manner prescribed by the
regulations.
24. Search warrants
(1) An inspector may apply to a justice of the peace
for the issue of a search warrant in respect of
premises if -
18
Industrial Hemp Act 2015
Act No. of
Part 3 - Inspectors s. 24
(a) it appears to the inspector that the
premises, or any part of them, are used
for residential purposes; and
(b) the inspector proposes to, and has
reasonable grounds for proposing to,
exercise a power under section 22 in
respect of the premises; and
(c) the occupier of the premises has refused
to allow the inspector entry to the
premises for that purpose, or the
inspector believes on reasonable grounds
that the occupier is not likely to allow
such entry.
(2) If a justice of the peace is satisfied by evidence
on oath, whether oral or by affidavit, that there
are reasonable grounds for doing so, the justice
may issue a search warrant authorising an
inspector named in the warrant, and any
assistants the inspector considers necessary, to
enter the premises and exercise all or specified
powers of an inspector under section 22 in
respect of the premises.
(3) In addition to any other requirement, a search
warrant issued under this section must state -
(a) the grounds for the issue of the warrant;
and
(b) the premises to be searched; and
(c) any conditions to which the warrant is
subject; and
19
Industrial Hemp Act 2015
Act No. of
s. 25 Part 3 - Inspectors
(d) whether entry is authorised to be made at
any time or during stated hours; and
(e) a day, not later than 7 days after the issue
of the warrant, on which the warrant
ceases to have effect.
(4) A police officer may accompany an inspector
executing a search warrant issued under this
section and may take all reasonable steps to
assist in the exercise of the powers of the
inspector under section 22.
(5) Before executing a search warrant, the inspector
named in the warrant or a person assisting the
inspector must announce that he or she is
authorised by the warrant to enter the premises
and give any person at the premises an
opportunity to allow entry to the premises.
(6) The inspector or a person assisting the inspector
need not comply with subsection (5) if he or she
believes on reasonable grounds that immediate
entry to the premises is required to ensure that
the effective execution of the search warrant is
not frustrated.
(7) If an occupier or another person who apparently
represents the occupier is present at premises
when a search warrant is being executed, the
inspector must give that person a copy of the
warrant.
20
Industrial Hemp Act 2015
Act No. of
Part 3 - Inspectors s. 25
25. Interference with inspectors
A person must not obstruct, hinder, threaten or
attempt to influence an inspector in the exercise
of a power under this Act.
Penalty: Fine not exceeding 100 penalty units.
21
Industrial Hemp Act 2015
Act No. of
s. 26 Part 4 - Offences
PART 4 - OFFENCES
26. False or misleading statements
A person must not, in giving any information
under this Act -
(a) make a statement knowing it to be false
or misleading; or
(b) omit any matter from a statement
knowing that without that matter the
statement is false or misleading.
Penalty: Fine not exceeding 30 penalty units or
imprisonment for a term not exceeding
2 years, or both.
27. Offences
(1) A person must not, without lawful excuse, refuse
or fail to comply with a requirement made of the
person under this Act.
Penalty: Fine not exceeding 100 penalty units.
(2) A person must not impersonate an inspector.
Penalty: Fine not exceeding 100 penalty units.
28. Provisions relating to requirements to furnish
records, information or answer questions
(1) A person is not guilty of an offence of failing to
comply with a requirement under this Act to
provide records or information or to answer a
22
Industrial Hemp Act 2015
Act No. of
Part 4 - Offences s. 28
question unless the person was warned on that
occasion that a failure to comply is an offence.
(2) A person is not excused from a requirement
under this Act to provide any records or
information, or to answer a question, on the
ground that the record, information or answer
might incriminate the person or make the person
liable to a penalty.
(3) However, any information provided or answer
given by a natural person in compliance with a
requirement under this Act is not admissible in
evidence against the person in criminal
proceedings (except proceedings for an offence
under this Act) if -
(a) the person objected at the time to doing
so on the ground that it might incriminate
the person; or
(b) the person was not warned on that
occasion that the person may object to
providing the information, or giving the
answer, on the ground that it might
incriminate the person.
(4) Any record provided by a person in compliance
with a requirement under this Act is not
inadmissible in evidence against the person in
criminal proceedings on the ground that the
record might incriminate the person.
(5) Further information obtained as a result of a
record or information provided or of an answer
given in compliance with a requirement under
this Act is not inadmissible on the ground that -
23
Industrial Hemp Act 2015
Act No. of
s. 29 Part 4 - Offences
(a) the record or information had to be
provided or the answer had to be given;
or
(b) the record or information provided or
answer given might incriminate the
person.
(6) This section extends to a requirement under this
Act to state a person's name and address.
29. Offences by corporations
(1) If a corporation contravenes any provision of
this Act, each person who is a director of the
corporation or who is concerned in the
management of the corporation is taken to have
contravened the same provision, if the person
knowingly authorised or permitted the
contravention.
(2) A person may be proceeded against and
convicted under a provision pursuant to
subsection (1) whether or not the corporation has
been proceeded against or convicted under that
provision.
(3) Nothing in this section affects any liability
imposed on a corporation for an offence
committed by the corporation under this Act.
30. Proceedings for offences
(1) Proceedings for an offence under this Act may
be dealt with summarily.
24
Industrial Hemp Act 2015
Act No. of
Part 4 - Offences s. 31
(2) Any such proceedings must be commenced not
later than 12 months from the time of the
offence.
31. Infringement notices
(1) In this section -
infringement offence means an offence
against this Act that is prescribed by the
regulations to be an infringement
offence.
(2) An inspector may issue and serve an
infringement notice on a person if he or she
reasonably believes that the person has
committed an infringement offence.
(3) An infringement notice may not be served on an
individual who has not attained the age of 16
years.
(4) An infringement notice is to be in accordance
with section 14 of the Monetary Penalties
Enforcement Act 2005.
(5) The regulations -
(a) may prescribe, for infringement offences,
the penalties payable under infringement
notices; and
(b) may prescribe different penalties for
bodies corporate and individuals.
25
Industrial Hemp Act 2015
Act No. of
s. 32 Part 4 - Offences
32. Forfeiture and destruction of hemp and industrial
hemp
(1) If a person is found guilty by a court of an
offence under this Act or the regulations, the
court may order the forfeiture to the Crown of
any hemp or industrial hemp that was, at the
time of the commission of the offence, in the
person's possession or apparently under the
person's control.
(2) If a licence is revoked, any hemp or industrial
hemp in the possession of the former licensee or
apparently under the former licensee's control is
forfeited to the Crown.
(3) Subject to subsection (4), any hemp or industrial
hemp that is forfeited to the Crown under this
section is to be destroyed in accordance with the
directions of the Secretary.
(4) The Secretary may, instead of directing the
destruction of the hemp or industrial hemp,
authorise a person to take possession of the
hemp or industrial hemp, on behalf of the Crown
or some other person, so that it can be cultivated
or supplied for a purpose specified by the
Secretary.
(5) If any hemp or industrial hemp is destroyed
under this section, the person referred to in
subsection (1) or the former licensee, as the case
requires, must pay to the Crown the reasonable
costs of the destruction.
26
Industrial Hemp Act 2015
Act No. of
Part 5 - Miscellaneous s. 33
PART 5 - MISCELLANEOUS
33. Approved fees
(1) The regulations may prescribe fees for the
purposes of this Act.
(2) The Secretary may waive all or part of any fee
payable under this Act in any circumstances the
Secretary considers appropriate.
34. Protection from personal liability
(1) In this section -
official means -
(a) the Secretary; or
(b) a person acting under the
direction of the Secretary; or
(c) a member of staff of the
Department; or
(d) an inspector.
(2) An official does not incur any personal liability
in respect of any act done or omitted in good
faith -
(a) in the performance or exercise, or the
purported performance or exercise, of
any function or power under this Act; or
27
Industrial Hemp Act 2015
Act No. of
s. 35 Part 5 - Miscellaneous
(b) in the administration or execution, or
purported administration or execution, of
this Act.
(3) A civil liability that would, but for this section,
attach to an official attaches to the Crown.
35. Savings provisions for current licences
(1) Subject to subsection (2), a licence issued in
respect of the growing or cultivating of a
prohibited plant under Part V of the Poisons Act
1971, and in force immediately before the
commencement of this Act, continues in force
for 5 years from the date of issue of the licence
as if it were a licence issued under this Act.
(2) The Secretary may vary the terms and conditions
of a licence referred to in subsection (1) as if it
were a licence issued under this Act.
36. Regulations
(1) The Governor may make regulations for the
purposes of this Act.
(2) The regulations may provide for fees and
charges payable in respect of any matter under
this Act.
(3) The regulations may be made so as to apply
differently according to matters, limitations or
restrictions, whether as to time, circumstance or
otherwise, specified in the regulations.
28
Industrial Hemp Act 2015
Act No. of
Part 5 - Miscellaneous s. 37
(4) The regulations may authorise any matter to be
from time to time determined, applied, approved,
or regulated, by the Minister or the Secretary.
37. Administration of Act
Until provision is made in relation to this Act by
order under section 4 of the Administrative
Arrangements Act 1990 -
(a) the administration of this Act is assigned
to the Minister for Primary Industries and
Water; and
(b) the department responsible to that
Minister in relation to the administration
of this Act is the Department of Primary
Industries, Parks, Water and
Environment.
38. Principal Act
In this Act, the Misuse of Drugs Act 2001* is
referred to as the Principal Act.
39. Section 4 amended (Relationship with other Acts)
Section 4 of the Principal Act is amended by
inserting "or the Industrial Hemp Act 2015" after
"Poisons Act 1971".
*No. 94 of 2001
Government Printer, Tasmania 29