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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
POISONS AMENDMENT (POPPY INDUSTRY
REFORM) BILL 2016
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 3 amended (Interpretation)
5. Sections 3A and 3B inserted
3A. Matters to be taken into account in deciding whether
a natural person is a fit and proper person
3B. Matters to be taken into account in deciding whether
a body corporate is a fit and proper person
6. Part 1A inserted
PART 1A - General Provisions Relating to Licences
6. Applications for licences or renewal of licences
7. Investigation of application
8. Suitability of applicant
9. Conditions and restrictions of licence
10. Suspension or cancellation of licence
11. Immediate suspension of licence
12. Responsible officers
13. Responsibilities of responsible officer
13A. Obstruction of responsible officer
7. Section 16 amended (Licences)
8. Sections 16A, 16B, 16C and 17 repealed
9. Section 18 amended (Offences)
10. Section 27 amended (Licences to sell certain substances)
[Bill 45]-XI
11. Section 46 amended (Manufacture of narcotic substances)
12. Section 47 amended (Sale and supply of narcotic substances,
prohibited plants, and prohibited substances)
13. Section 49 amended (Prohibition of possession of prohibited
plants except under licence)
14. Section 50 amended (Exceptions as to scientific institutions)
15. Section 52 amended (Growing of certain plants prohibited
except under licence)
16. Section 53 substituted
Division 3 - Poppy research licence
53. Application for licence
54. Poppy research licence
54A. Duration of licence
54B. Renewal of licence
Division 3A - Poppy grower's licence
54C. Application for licence
54D. Poppy grower's licence
54E. Conditions of licence
54F. Duration of licence
54G. Renewal of licence
54H. Application for review of decision
54I. Review of decision
17. Section 56 amended (Offences against this Part)
18. Section 59 amended (Regulations relating to narcotics and
narcotic substances)
19. Part VB, Division 1: Heading inserted
Division 1 - Poppy Advisory and Control Board
20. Section 59G amended (Interpretation)
21. Section 59H amended (Poppy Advisory and Control Board)
22. Sections 59N, 59O, 59P and 59Q inserted
59N. Ministerial statement of expectation
59O. Contents of ministerial statement of expectation
59P. Statement of intent
59Q. Conduct to be consistent with ministerial statement
of expectation and statement of intent
23. Part VB, Division 2 inserted
Division 2 - General
59R. Guidelines
59S. Indemnity of Board
2
24. Part VI, Division 1A inserted
Division 1A - Improvement notices
69AA. Improvement notices
69AB. Compliance with improvement notice
69AC. Contravention of improvement notice
69AD. Review of improvement notice
25. Section 83C inserted
83C. Offence to make false statement, &c.
26. Section 84 amended (Forfeiture of substances, &c., in certain
cases)
27. Sections 84A and 84B inserted
84A. Destruction of scheduled substances and prohibited
plants
84B. Directions to former holder of licence
28. Section 86B inserted
86B. Savings provisions for current licences
29. Section 90 amended (Powers of inspectors with respect to
licensed premises, &c.)
30. Section 92 amended (Revocation or suspension of rights)
31. Section 92B inserted
92B. Infringement notices
32. Repeal of Act
3
4
POISONS AMENDMENT (POPPY INDUSTRY
REFORM) BILL 2016
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
13 September 2016
(Brought in by the Minister for Health, the Honourable
Michael Darrel Joseph Ferguson)
A BILL FOR
An Act to amend the Poisons Act 1971
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:
1. Short title
This Act may be cited as the Poisons
Amendment (Poppy Industry Reform) Act 2016.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
[Bill 45] 5
Poisons Amendment (Poppy Industry Reform) Act 2016
Act No. of
s. 3
3. Principal Act
In this Act, the Poisons Act 1971* is referred to
as the Principal Act.
4. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended as
follows:
(a) by inserting the following definitions
after the definition of aircraft:
alkaloid poppy means a plant of the
species Papaver somniferum or
Papaver bracteatum;
alkaloid poppy material means a part
or product of an alkaloid poppy;
(b) by inserting the following definition after
the definition of automatic machine:
Board means the Poppy Advisory and
Control Board established under
section 59H(1);
(c) by inserting the following definition after
the definition of eligible midwife:
grow includes the following:
(a) plant a seed, seedling or
cutting;
*No. 81 of 1971
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Act No. of
s. 4
(b) graft, divide or transplant
a plant;
(c) nurture, tend, grow,
cultivate or harvest a
plant;
(d) by inserting the following definition after
the definition of hazardous poison:
improvement notice means an
improvement notice issued and
served under section 69AA;
(e) by inserting the following definition after
the definition of label:
licence means a licence that is granted
under this Act and is in force;
(f) by omitting the definition of opium
poppy;
(g) by inserting the following definitions
after the definition of Poisons List:
poppy grower's licence means a poppy
grower's licence that is granted
under section 54D and is in force;
poppy research licence means a poppy
research licence that is granted
under section 54 and is in force;
(h) by inserting the following definitions
after the definition of potent substance:
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Poisons Amendment (Poppy Industry Reform) Act 2016
Act No. of
s. 4
premises includes an area of land, a
farm, and any part of premises;
primary industries Minister means the
Minister administering the
Primary Industry Activities
Protection Act 1995;
(i) by omitting paragraph (a) from the
definition of prohibited plant and
substituting the following paragraph:
(a) any alkaloid poppy;
(j) by inserting the following definitions
after the definition of the regulations:
responsible licensing authority, in
relation to a licence or
authorisation, means -
(a) the Board, if an
application for the grant
or renewal of the licence
may be made to the Board
or the licence has been
granted or renewed by the
Board; or
(b) the Minister, if an
application for the grant
or renewal of the licence
or authorisation may be
made to the Minister or
the licence or
authorisation has been
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Act No. of
s. 5
granted or renewed by the
Minister;
responsible officer, in relation to a
licence, means the person who is
appointed as the responsible
officer in relation to the licence
under section 12;
5. Sections 3A and 3B inserted
After section 3 of the Principal Act, the
following sections are inserted in Part I:
3A. Matters to be taken into account in deciding
whether a natural person is a fit and proper
person
(1) Without limiting the matters to which the
responsible licensing authority may have
regard in deciding whether a natural
person is a fit and proper person to hold a
licence, the responsible licensing
authority may have regard to the
following:
(a) any conviction of the person for
an indictable offence;
(b) any civil penalty (however
described) imposed upon the
person under a law of the
Commonwealth, a State or a
Territory;
9
Poisons Amendment (Poppy Industry Reform) Act 2016
Act No. of
s. 5
(c) any revocation or suspension of a
licence or permit (however
described) held by the person
under a law of the
Commonwealth, a State, a
Territory or another country,
being a law relating to the
prohibition or regulation of drugs;
(d) the connections and associations
that the person has with other
persons (including but not limited
to the person's relatives);
(e) the person's previous business
experience;
(f) the capacity of the person to
comply with conditions of the
licence;
(g) whether the person has a sound
and stable financial background
or is in financial circumstances
that may significantly limit the
person's capacity to comply with
his or her obligations under a
licence;
(h) whether the person is of good
repute, having regard to matters
going to their character, honesty
and professional and personal
integrity;
(i) the person's history of
compliance with this Act.
10
Poisons Amendment (Poppy Industry Reform) Act 2016
Act No. of
s. 5
(2) Subsection (1)(d), (e), (g) and (h) does
not apply in relation to a poppy research
licence or a poppy grower's licence.
3B. Matters to be taken into account in deciding
whether a body corporate is a fit and proper
person
(1) Without limiting the matters to which the
responsible licensing authority may have
regard in deciding whether a body
corporate is a fit and proper person to
hold a licence, the responsible licensing
authority may have regard to the
following:
(a) any conviction of the body
corporate for an offence against a
law of the Commonwealth, a
State or a Territory;
(b) any civil penalty (however
described) imposed upon the
body corporate under a law of the
Commonwealth, a State or a
Territory;
(c) if there is such a conviction or
imposition of a civil penalty upon
the body corporate -
(i) whether the offence
concerned was
committed, or the conduct
to which the civil penalty
relates occurred, at a time
when any person who is
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Act No. of
s. 5
presently a director or
officer of the body
corporate was such a
director or officer; and
(ii) whether the offence
concerned was
committed, or the conduct
to which the civil penalty
relates occurred, at a time
when any shareholder of
the body corporate who is
presently in a position to
influence the management
of the body corporate was
such a shareholder;
(d) any revocation or suspension of a
licence or permit (however
described) held by the body
corporate under a law of the
Commonwealth, a State, a
Territory or another country,
being a law relating to the
prohibition or regulation of drugs;
(e) whether a person who is, or is to
be, the responsible officer in
relation to the licence is a fit and
proper person;
(f) whether -
(i) each director of the
corporation is a fit and
proper person; or
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Act No. of
s. 5
(ii) more than 10% of the
corporation is owned by a
person who is not a fit and
proper person;
(g) the connections and associations
that the body corporate, and its
directors and officers, have with
other persons (including but not
limited to relatives of such
directors and officers);
(h) the previous business experience
of the directors and officers of the
body corporate, and of the
shareholders of the body
corporate who are presently in a
position to influence the
management of the body
corporate;
(i) whether the body corporate has a
sound and stable financial
background or is in financial
circumstances that may
significantly limit the capacity of
the body corporate to comply
with its obligations under a
licence;
(j) the capacity of the body corporate
to meet the conditions of the
licence;
(k) whether the directors and officers
of the body corporate are of good
13
Poisons Amendment (Poppy Industry Reform) Act 2016
Act No. of
s. 6
repute, having regard to matters
going to their character, honesty
and professional and personal
integrity;
(l) the body corporate's history of
compliance with this Act.
(2) Subsection (1)(g), (h), (i) and (k) does
not apply in relation to a poppy research
licence or a poppy grower's licence.
6. Part 1A inserted
After section 5 of the Principal Act, the
following Part is inserted:
PART 1A - GENERAL PROVISIONS RELATING TO
LICENCES
6. Applications for licences or renewal of
licences
(1) An application under this Act for a
licence, or for the renewal of a licence,
must -
(a) except in the case of a licence
referred to in section 16, be in a
form approved by the responsible
licensing authority; and
(b) except in the case of a poppy
research licence or a poppy
grower's licence, be accompanied
by the prescribed fee, if any; and
14
Poisons Amendment (Poppy Industry Reform) Act 2016
Act No. of
s. 6
(c) contain the information, and be
accompanied by the records, that
the responsible licensing
authority requires to determine
the application.
(2) An application under this Act for the
renewal of a licence must be lodged not
less than 30 days before the expiration of
the licence.
(3) Despite subsection (2), the responsible
licensing authority, in its discretion, may
accept an application for the renewal of a
licence lodged less than 30 days before
the expiration of the licence.
(4) If an application for renewal of a licence
is lodged, or is accepted, under this
section, the licence continues in force
until the licence is renewed or the
responsible licensing authority refuses to
renew the licence.
(5) The renewal of a licence takes effect, or
is taken to have taken effect, from the
date on which the licence was due to
expire.
7. Investigation of application
(1) On receipt of an application for a licence
or the renewal of a licence, the
responsible licensing authority may carry
out the investigations and inquiries that
the responsible licensing authority
15
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Act No. of
s. 6
considers necessary to determine the
application.
(2) The responsible licensing authority may,
by notice in writing to a person who has
applied for a licence, or for the renewal
of a licence, require the person to -
(a) provide the information, and
produce the records, that are
relevant to the investigation of
the application and are specified
in the notice; and
(b) provide the responsible licensing
authority with the authorities and
consents that the responsible
licensing authority requires in
order to obtain from other
persons financial or other
confidential information
concerning the applicant.
(3) Despite subsection (2), a responsible
licensing authority may not require a
person who has applied for a poppy
research licence or a poppy grower's
licence, or for the renewal of such a
licence, to -
(a) provide information, or produce
records, that relate to financial
matters or the connections or
associations that the person has
with other persons; or
16
Poisons Amendment (Poppy Industry Reform) Act 2016
Act No. of
s. 6
(b) provide an authority or consent so
as to enable the authority to
obtain, from other persons,
financial information concerning
the person or information as to
the connections or associations
that the person has with other
persons.
(4) If a requirement made under this section
is not complied with, the responsible
licensing authority may refuse to
determine the application.
8. Suitability of applicant
(1) The responsible licensing authority must
not grant a licence to a person, or renew
a licence granted to a person, unless
satisfied that the person is a fit and
proper person to hold the licence.
(2) The responsible licensing authority must
not grant a licence to a person, or renew
a licence granted to a person, if the
responsible licensing authority must,
under the regulations, refuse to grant or
to renew, respectively, the licence.
(3) The responsible licensing authority may
refuse to grant to a person a licence, or to
renew a licence granted to a person, if -
(a) the person has been found guilty
of an offence that, in the opinion
of the responsible licensing
17
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Act No. of
s. 6
authority, makes the person
unsuitable to be involved in any
activity authorised by, or
associated with, the licence; or
(b) the responsible licensing
authority may, under the
regulations, refuse to grant or to
renew, respectively, the licence.
(4) The regulations may make further
provision for the circumstances in which
the responsible licensing authority may
refuse, or is required to refuse, to grant a
licence to a person or to renew, or to
refuse to renew, a licence granted to a
person.
(5) A relevant licensing authority is to give
to the applicant for a licence or the
renewal of a licence, written notice of the
decision of the authority to grant or
renew, or to refuse to grant or renew, the
licence and, if the authority refuses to
grant or to renew the licence, written
reasons for the refusal.
9. Conditions and restrictions of licence
(1) A responsible licensing authority may
grant or renew a licence on the
conditions and restrictions it thinks fit
and specifies in the licence.
(2) A licence granted or renewed under this
Act is subject to -
18
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Act No. of
s. 6
(a) the conditions and restrictions
that are imposed on the licence by
this Act or the regulations; and
(b) the conditions and restrictions
that are specified in the licence
under subsection (1) at the time it
is granted or renewed, or as
varied at any other time under
this section.
(3) If the responsible licensing authority,
either on receipt of an application for the
renewal of a licence granted under this
section or at any time while the licence is
in force, considers it necessary or
desirable in the public interest to do so,
the authority may vary the conditions or
restrictions to which the licence is
subject under subsection (2)(b) -
(a) by amending the existing
conditions or restrictions; or
(b) by substituting new conditions or
restrictions for existing
conditions or restrictions; or
(c) by imposing additional conditions
or restrictions; or
(d) by amending a list or schedule of
substances which forms part of
those conditions or restrictions.
(4) If the responsible licensing authority
varies the conditions or restrictions of a
19
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s. 6
licence as provided by subsection (3), the
authority is to do one of the following:
(a) cause the licence to be
appropriately amended to record
the variation of the conditions or
restrictions and to be returned to
its holder;
(b) issue a new licence in place of the
existing licence, specifying in the
new licence the conditions or
restrictions of the licence as so
varied;
(c) serve on the holder of the licence
a notice in writing specifying the
variation of the conditions or
restrictions.
(5) A variation of the conditions or
restrictions of a licence does not have
effect until the licence is returned to its
holder, the new licence is issued to its
holder, or the notice specifying the
variation of the conditions or restrictions
is served on the holder of the licence, as
the case may be.
10. Suspension or cancellation of licence
(1) The responsible licensing authority may,
by written notice served on the holder of
a licence granted under this Act, suspend
or cancel the licence -
20
Poisons Amendment (Poppy Industry Reform) Act 2016
Act No. of
s. 6
(a) if satisfied that -
(i) the licence holder has
breached a condition or
restriction of the licence;
or
(ii) the licence holder is no
longer a fit and proper
person to hold the licence;
or
(iii) except in the case of a
poppy research licence or
a poppy grower's
licence - the licence
holder has failed to pay a
fee in relation to the
licence by the date on
which the licence holder
is required under this Act
to pay the fee; or
(iv) the licence holder has
become bankrupt, applied
for relief of bankrupt or
insolvent debtors,
compounded with
creditors or made an
assignment of his or her
remuneration for their
benefit; or
(v) if the licence holder is a
corporation - a receiver or
manager has been
21
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Act No. of
s. 6
appointed or the licence
holder is being wound up
or is under official
management; or
(vi) the licence holder has
ceased to carry on
business; or
(vii) the revocation or
suspension is required
because there is an
imminent risk of harm to
the public if the licence
continues in force; or
(viii) the premises used for the
purposes of the licence
are unfit for use; or
(ix) the licence was obtained
on the basis of incorrect
or misleading
information; or
(b) if the licence holder requests the
suspension or cancellation of the
licence; or
(c) if the licence is a licence granted
under section 27 - because, since
the licence was granted or last
renewed, a pharmaceutical
chemist has commenced business
at a pharmacy which is situated
within 10 kilometres, by the
nearest practicable route, of the
22
Poisons Amendment (Poppy Industry Reform) Act 2016
Act No. of
s. 6
place where the shop of the
holder of the licence is situated;
or
(d) for any other prescribed reason.
(2) Before suspending or cancelling, under
this section, a licence, the responsible
licensing authority is to -
(a) give to the licence holder notice
in writing specifying that the
licence holder may, within 30
days from the date of the notice,
make representations to the
authority as to why the licence
should not be suspended or
cancelled; and
(b) give consideration to any
representations that the licence
holder makes under
paragraph (a).
(3) The suspension or cancellation under this
section of a licence takes effect -
(a) on and from the day specified in
the notice under subsection (1);
and
(b) in the case of a suspension, until
the suspension is revoked, if at
all.
23
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Act No. of
s. 6
11. Immediate suspension of licence
(1) The responsible licensing authority may,
by verbal or written notice to the licence
holder, immediately suspend a licence if
the responsible licensing authority is
satisfied that -
(a) there is a high risk of a substance
or plant to which the licence
relates being diverted for illicit
purposes; or
(b) if the licence continues in force
there is likely to be an imminent
risk of harm to the public.
(2) If verbal notice of the suspension of a
licence is given to a licence holder, the
responsible licensing authority must, as
soon as practicable, confirm the
suspension by written notice to the
licence holder.
12. Responsible officers
(1) A holder of a licence who is not a natural
person is to appoint a natural person as
responsible officer in relation to the
licence.
(2) If the holder of a licence fails to appoint
under subsection (1) a responsible officer
in relation to the licence, the person
responsible for the direction and
management of the business of the holder
24
Poisons Amendment (Poppy Industry Reform) Act 2016
Act No. of
s. 6
of the licence is taken to have been
appointed as the responsible officer in
relation to the licence.
(3) A holder of a licence is to ensure that a
responsible officer appointed under
subsection (1) has sufficient authority to
perform the duties of a responsible
officer under this Act.
(4) A holder of a licence must -
(a) notify in writing a person whom
the officer has appointed to be the
responsible officer that the person
has been so appointed; and
(b) except in the case of a poppy
research licence or a poppy
grower's licence, notify the
Secretary in writing of the
appointment of the responsible
officer; and
(c) except in the case of a poppy
research licence or a poppy
grower's licence, give notice of
that appointment as far as
reasonably practicable to all
persons employed or engaged for
the purposes of the licence.
Penalty: Fine not exceeding 20 penalty
units.
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s. 6
13. Responsibilities of responsible officer
(1) In this section -
responsibilities includes the duties
imposed on the holder of a
licence under this Act and any
conditions or restrictions
specified in the licence.
(2) A responsible officer must perform the
responsibilities of the holder of the
licence.
Penalty: Fine not exceeding 100 penalty
units.
(3) A responsible officer is not to be taken to
have failed to perform any responsibility
of the holder of the licence, if -
(a) it was not reasonably practicable
for the responsible officer to
perform that responsibility; or
(b) the failure to perform the
responsibility was due to causes
over which the responsible officer
had no control and against the
happening of which it was not
reasonably practicable for the
responsible officer to make
provision; or
(c) the responsible officer exercised
due diligence to prevent the
26
Poisons Amendment (Poppy Industry Reform) Act 2016
Act No. of
s. 6
failure to perform the
responsibility; or
(d) the responsible officer was
unaware that he or she had been
appointed, or was taken to have
been appointed, as the
responsible officer.
(4) Nothing in subsection (2) relieves the
holder of the licence of the requirement
to perform the holder's responsibilities
under this Act.
(5) A responsible officer may be proceeded
against and convicted of having failed to
perform the responsibilities of the holder
of the licence under this Act whether or
not the employer of the responsible
officer has been proceeded against or has
been convicted of having failed to
perform the responsibility.
13A. Obstruction of responsible officer
A person having authority or control over
the responsible officer must not exercise
that authority or control in any way to
obstruct the responsible officer in the
exercise of his or her responsibilities
under this Act.
Penalty: In the case of -
27
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Act No. of
s. 7
(a) a body corporate, a fine
not exceeding 500 penalty
units; or
(b) a natural person, a fine
not exceeding 100 penalty
units.
7. Section 16 amended (Licences)
Section 16 of the Principal Act is amended as
follows:
(a) by inserting the following subsection
before subsection (1):
(1AA) A person may apply to the
Minister for -
(a) the grant of a licence
under subsection (1); or
(b) the renewal of a licence
granted to the person
under subsection (1).
(b) by omitting from subsection (1) "and on
payment by that person of the prescribed
fee, grant" and substituting "under
subsection (1AA), grant, or refuse to
grant,";
(c) by omitting from subsection (1)(b)
"chemist." and substituting "chemist -";
(d) by inserting the following after
paragraph (b) in subsection (1):
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Act No. of
s. 8
"or renew, or refuse to renew,
such a licence granted to the
person."
(e) by omitting paragraph (b) from
subsection (2);
(f) by omitting paragraph (b) from
subsection (3);
(g) by omitting subsection (4);
(h) by omitting from subsection (6) "and on
payment for each renewal of the fee
prescribed in relation to the renewal
thereof";
(i) by omitting subsections (7), (8) and (9).
8. Sections 16A, 16B, 16C and 17 repealed
Sections 16A, 16B, 16C and 17 of the Principal
Act are repealed.
9. Section 18 amended (Offences)
Section 18 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "20
penalty units" and substituting "100
penalty units and, in the case of a body
corporate, a fine not exceeding 500
penalty units";
29
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Act No. of
s. 10
(b) by omitting from subsection (2) "20
penalty units" and substituting "100
penalty units and, in the case of a body
corporate, a fine not exceeding 500
penalty units";
(c) by inserting the following subsection
after subsection (2):
(2A) The holder of a licence granted
under section 16 must not breach
a condition or restriction of that
licence.
Penalty: In the case of -
(a) a body corporate,
a fine not
exceeding 500
penalty units; or
(b) an individual, a
fine not exceeding
100 penalty units.
10. Section 27 amended (Licences to sell certain
substances)
Section 27 of the Principal Act is amended as
follows:
(a) by inserting the following subsection
before subsection (1):
(1AA) A person may apply to the
Minister for -
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Act No. of
s. 10
(a) the grant of a licence
under subsection (1); or
(b) the renewal of a licence
granted to the person
under subsection (1).
(b) by omitting from subsection (1) "grant"
and substituting ", on the application of
the person under subsection (1AA), grant
or refuse to grant,";
(c) by omitting from subsection (1)(b)
"applies." and substituting "applies -";
(d) by inserting the following after
paragraph (b) in subsection (1):
"or renew, or refuse to renew,
such a licence granted to the
person."
(e) by omitting subsection (2);
(f) by omitting paragraphs (a) and (b) from
subsection (3);
(g) by omitting from subsection (3)(c) "this
section" and substituting "Part 1A";
(h) by omitting from subsection (3)(c) ", on
payment of the prescribed fee for each
renewal,";
(i) by omitting subsections (3A), (3B), (3C)
and (4);
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s. 11
(j) by omitting from subsection (6)
"Without affecting the power of the
Minister under subsection (4) to revoke a
licence under this section, if" and
substituting "If".
11. Section 46 amended (Manufacture of narcotic
substances)
Section 46 of the Principal Act is amended by
omitting "Part" and substituting "Act".
12. Section 47 amended (Sale and supply of narcotic
substances, prohibited plants, and prohibited
substances)
Section 47(4) of the Principal Act is amended as
follows:
(a) by omitting from paragraph (a) "licence
under section 52" and substituting
"poppy research licence or a poppy
grower's licence";
(b) by inserting the following paragraph after
paragraph (a):
(ba) the sale or supply of the seed of
an alkaloid poppy; or
13. Section 49 amended (Prohibition of possession of
prohibited plants except under licence)
Section 49 of the Principal Act is amended as
follows:
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Poisons Amendment (Poppy Industry Reform) Act 2016
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s. 14
(a) by omitting from subsection (1)(d)
"section 52" and substituting "this Part";
(b) by omitting from subsection (1)(d) "him
to grow or cultivate" and substituting
"him or her to grow";
(c) by omitting from subsection (1)(e) "or
cultivated";
(d) by omitting from subsection (3) "opium
poppy" and substituting "alkaloid
poppy".
14. Section 50 amended (Exceptions as to scientific
institutions)
Section 50 of the Principal Act is amended by
inserting "or research" after "scientific".
15. Section 52 amended (Growing of certain plants
prohibited except under licence)
Section 52(1) of the Principal Act is amended as
follows:
(a) by omitting "the Minister" and
substituting "a responsible licensing
authority";
(b) by omitting "or cultivate".
16. Section 53 substituted
Section 53 of the Principal Act is repealed and
the following Divisions are substituted:
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Poisons Amendment (Poppy Industry Reform) Act 2016
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s. 16
Division 3 - Poppy research licence
53. Application for licence
A person who wishes to grow alkaloid
poppies for scientific or research
purposes may apply to the Minister for a
poppy research licence.
54. Poppy research licence
(1) If the Minister receives from a person an
application under section 53, the Minister
must -
(a) grant to the person a poppy
research licence; or
(b) refuse to grant to the person a
poppy research licence.
(2) A poppy research licence authorises the
holder of the licence to possess and grow
alkaloid poppies for scientific or research
purposes in accordance with this Act and
the conditions and restrictions specified
in the licence.
54A. Duration of licence
Subject to this Act, a poppy research
licence continues in force for 5 years
from the date on which it was granted or
renewed or a shorter period, if any,
specified in the licence or renewal.
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s. 16
54B. Renewal of licence
(1) The holder of a poppy research licence
may apply to the Minister for the renewal
of the licence.
(2) The Minister may renew, or refuse to
renew, a licence to which an application
under subsection (1) relates.
Division 3A - Poppy grower's licence
54C. Application for licence
A person who wishes to grow alkaloid
poppies for commercial purposes may
apply to the Board for a poppy grower's
licence.
54D. Poppy grower's licence
(1) If the Board receives from a person an
application under section 54C, the Board
must -
(a) grant to the person a poppy
grower's licence; or
(b) refuse to grant to the person a
poppy grower's licence.
(2) A poppy grower's licence authorises the
holder of the licence to possess, grow,
sell and supply alkaloid poppies in
accordance with this Act and the
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Poisons Amendment (Poppy Industry Reform) Act 2016
Act No. of
s. 16
conditions and restrictions specified in
the licence.
54E. Conditions of licence
It is a condition of a poppy grower's
licence that the holder of the licence
must, before cultivating alkaloid poppies
under the licence -
(a) ensure that there is a contract, in
force between the holder of the
licence and a manufacturing
chemist, that requires alkaloid
poppies to be grown under the
licence; and
(b) provide to the Board a copy of
the contract.
54F. Duration of licence
Subject to this Act, a poppy grower's
licence continues in force for 5 years
from the date on which it was granted or
renewed or a shorter period, if any,
specified in the licence or renewal.
54G. Renewal of licence
(1) The holder of a poppy grower's licence
may apply to the Board for the renewal
of the licence.
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s. 16
(2) The Board may renew, or refuse to
renew, a licence to which an application
under subsection (1) relates.
54H. Application for review of decision
(1) An applicant for a poppy grower's
licence who is aggrieved by a decision of
the Board to refuse to grant the applicant
a poppy grower's licence may apply to
the primary industries Minister to review
the decision.
(2) The holder of a poppy grower's licence
who is aggrieved by a decision of the
Board -
(a) to specify under section 9 in a
poppy grower's licence
conditions or restrictions or to
vary under section 9 the
conditions or restrictions
specified in the licence; or
(b) to suspend or revoke under
section 10 or 11 a poppy grower's
licence -
may apply to the primary industries
Minister to review the decision.
(3) An application -
(a) is to be made in writing within 30
days of the applicant receiving
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Poisons Amendment (Poppy Industry Reform) Act 2016
Act No. of
s. 16
notice of the Board's decision;
and
(b) is to specify the reasons for the
application.
(4) The primary industries Minister may
extend the period referred to in
subsection (3)(a) for making an
application.
54I. Review of decision
(1) The primary industries Minister must,
within 30 days after receiving an
application under section 54H in relation
to a decision of the Board, review the
decision and make a determination in
relation to the decision.
(2) The primary industries Minister may, in a
determination under subsection (1) in
relation to a decision of the Board -
(a) confirm the decision; or
(b) declare that the decision was not
in accordance with the
requirements of this Act.
(3) If the primary industries Minister makes
a determination in accordance with
subsection (2)(b) in relation to a decision,
the primary industries Minister must, in
the determination, require the Board to
make, in accordance with -
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Poisons Amendment (Poppy Industry Reform) Act 2016
Act No. of
s. 16
(a) the provisions of this Act; and
(b) any directions, as to compliance
with those provisions, that are
specified in the determination -
a further decision in substitution for the
decision to which the determination
relates.
(4) The primary industries Minister must, by
notice served on the applicant and the
Board, notify the applicant of the
determination and the reasons for the
determination.
(5) If the primary industries Minister makes
a determination under subsection (2)(b)
in relation to a decision (the first
decision), the Board must, in accordance
with -
(a) the provisions of this Act; and
(b) any directions, as to compliance
with those provisions, that are
specified in the determination -
make another decision (a further
decision) in substitution for the first
decision.
(6) The first decision of the Board ceases to
have effect when the Board makes a
further decision in relation to the matter
in accordance with subsection (5).
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s. 17
17. Section 56 amended (Offences against this Part)
Section 56(1) of the Principal Act is amended by
omitting paragraph (c).
18. Section 59 amended (Regulations relating to
narcotics and narcotic substances)
Section 59(1)(k) of the Principal Act is amended
by inserting "(other than a poppy research
licence or a poppy grower's licence)" after
"licence".
19. Part VB, Division 1: Heading inserted
Part VB of the Principal Act is amended by
inserting the following heading before section
59G:
Division 1 - Poppy Advisory and Control Board
20. Section 59G amended (Interpretation)
Section 59G of the Principal Act is amended as
follows:
(a) by omitting the definitions of alkaloid
poppy, alkaloid poppy material and
Board;
(b) by omitting the definition of cultivate.
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Poisons Amendment (Poppy Industry Reform) Act 2016
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s. 21
21. Section 59H amended (Poppy Advisory and Control
Board)
Section 59H of the Principal Act is amended as
follows:
(a) by omitting paragraph (a) from
subsection (2);
(b) by omitting paragraph (e) from
subsection (2) and substituting the
following paragraphs:
(e) the Secretary of the responsible
Department in relation to the
Primary Industry Activities
Protection Act 1995 or a person
nominated by that Secretary;
(f) 2 persons, appointed by the
Minister, who -
(i) have qualifications,
experience or skills
relevant to the poppy
growing industry or the
poppy processing
industry; and
(ii) are not engaged in poppy
growing or the poppy
processing industry -
and one of whom is to be
appointed by the Minister to be
the chairperson.
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s. 22
(c) by inserting the following subsections
after subsection (4):
(4A) The Secretary of the responsible
Commonwealth department in
relation to the grant of licences to
manufacture drugs under Part II
of the Narcotic Drugs Act 1967
of the Commonwealth may
attend, or send a representative to
attend, every meeting of the
Board as an observer.
(4B) A person who attends a meeting
of the Board as an observer under
subsection (4A) is entitled to
view and take copies of any
documentation provided, whether
at a meeting or otherwise, to
members of the Board.
22. Sections 59N, 59O, 59P and 59Q inserted
After section 59M of the Principal Act, the
following sections are inserted in Division 1:
59N. Ministerial statement of expectation
(1) The Minister may provide to the Board a
ministerial statement of expectation.
(2) The Minister may at any time, at his or
her discretion or on receipt of an
application by the Board -
42
Poisons Amendment (Poppy Industry Reform) Act 2016
Act No. of
s. 22
(a) amend the ministerial statement
of expectation; or
(b) revoke the ministerial statement
of expectation and substitute
another ministerial statement of
expectation -
by providing the amendment or
substituted ministerial statement of
expectation to the Board.
(3) In preparing the ministerial statement of
expectation, the Minister must consult
with the Board.
(4) The ministerial statement of expectation
and any amendment to the ministerial
statement of expectation is to be in
writing and signed by the Minister.
(5) The ministerial statement of expectation
or an amendment to the ministerial
statement of expectation takes effect on a
day specified in it, being a day not earlier
than the day on which it is provided to
the Board under subsection (1).
(6) The Board is to make the ministerial
statement of expectation provided to it
under subsection (1) available to the
public in the manner determined by the
Board.
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Poisons Amendment (Poppy Industry Reform) Act 2016
Act No. of
s. 22
59O. Contents of ministerial statement of
expectation
(1) The ministerial statement of expectation
is to specify the objectives of the
Minister on any matter relating to the
functions of the Board.
(2) The ministerial statement of
expectation -
(a) may not prevent the Board from
performing a function it is
required to perform or otherwise
complying with any Act; and
(b) may not extend the functions and
powers of the Board.
59P. Statement of intent
(1) Within 3 months after receiving the
ministerial statement of expectation or
any amendment to the ministerial
statement of expectation, the Board must
provide to the Minister a statement of
intent.
(2) A statement of intent is to -
(a) specify the objectives of the
Board for the period covered by
the statement of intent; and
(b) address matters raised in the
ministerial statement of
expectation; and
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Poisons Amendment (Poppy Industry Reform) Act 2016
Act No. of
s. 22
(c) state the nature and scope of the
activities to be carried out by the
Board during the period covered
by the statement of intent; and
(d) specify the performance criteria
and other measures by which the
performance of the Board is to be
assessed against the objectives of
the Board for the period covered
by the statement of intent.
(3) The statement of intent may contain any
other matter the Board considers
appropriate.
(4) The Board may at any time at its own
discretion or on the request of the
Minister -
(a) amend the statement of intent; or
(b) revoke the statement of intent and
substitute another statement of
intent.
(5) The statement of intent and any
amendment to the statement of intent are
to be in writing and signed by the
chairperson of the Board.
(6) The statement of intent or any
amendment to the statement of intent
takes effect on the day on which it is
approved by the Minister or on a later
day specified by the Minister.
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Poisons Amendment (Poppy Industry Reform) Act 2016
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s. 23
(7) The Board is to make a statement of
intent approved by the Minister under
subsection (6) available to the public in
the manner determined by the Board.
59Q. Conduct to be consistent with ministerial
statement of expectation and statement of
intent
The Board is to conduct its business and
affairs in a manner that is consistent with
the ministerial statement of expectation
and the statement of intent.
23. Part VB, Division 2 inserted
After section 59M of the Principal Act, the
following Division is inserted in Part VB:
Division 2 - General
59R. Guidelines
(1) The Board may issue guidelines for the
education and guidance of holders of a
poppy research licence or poppy
grower's licence.
(2) The guidelines are not -
(a) a statutory rule for the purposes
of the Rules Publication Act
1953; or
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Poisons Amendment (Poppy Industry Reform) Act 2016
Act No. of
s. 24
(b) subordinate legislation for the
purposes of the Subordinate
Legislation Act 1992.
(3) The Acts Interpretation Act 1931 applies
to the interpretation of the guidelines as
if the guidelines were by-laws.
59S. Indemnity of Board
The Board or a member of it does not
incur any personal liability in respect of
any act done, or omitted to be done, in
good faith in the performance or
exercise, or the purported performance or
exercise, of any function or power under
this Act.
24. Part VI, Division 1A inserted
After section 69 of the Principal Act, the
following Division is inserted in Part VI:
Division 1A - Improvement notices
69AA. Improvement notices
(1) If the responsible licensing authority
believes on reasonable grounds that a
person who is the holder of a licence or
authorisation has contravened or is
contravening a provision of this Act or
the regulations, the responsible licensing
authority, or an inspector authorised by
the responsible licensing authority to
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Poisons Amendment (Poppy Industry Reform) Act 2016
Act No. of
s. 24
issue such notices, may issue and serve
an improvement notice and serve it on
the person.
(2) An improvement notice may -
(a) require specified action to be
taken within 7 days from the
service of the notice (or a lesser
period specified in the notice) to
rectify the contravention to which
the notice relates; or
(b) require specified action to be
taken within 7 days from the
service of the notice (or a lesser
period specified in the notice) to
ensure that the provision of this
Act or regulations to which the
notice relates is complied with.
(3) An improvement notice must -
(a) be in writing; and
(b) specify the grounds on which it is
issued; and
(c) specify the requirements of the
notice, including the action which
must be taken to comply with the
notice.
69AB. Compliance with improvement notice
(1) If a requirement of an improvement
notice is complied with, the responsible
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Poisons Amendment (Poppy Industry Reform) Act 2016
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s. 24
licensing authority or inspector that
issued and served the notice on a person
is to notate on a copy of the notice the
date on or by which the notice is
complied with.
(2) The responsible licensing authority or
inspector that issued and served under
section 69AA(1) an improvement notice
on a person must, if requested to do so by
the person, give to the person a copy of
the notice containing the notation
referred to in subsection (1).
69AC. Contravention of improvement notice
A person must not, without reasonable
excuse, contravene or fail to comply with
an improvement notice served on the
person under section 69AA(1).
Penalty: In the case of -
(a) a body corporate, a fine
not exceeding 500 penalty
units; or
(b) an individual, a fine not
exceeding 100 penalty
units.
69AD. Review of improvement notice
A person aggrieved by a decision in
relation to an improvement notice may
apply to the Magistrates Court
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Poisons Amendment (Poppy Industry Reform) Act 2016
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s. 25
(Administrative Appeals Division) for a
review of the decision.
25. Section 83C inserted
After section 83B of the Principal Act, the
following section is inserted in Division 2:
83C. Offence to make false statement, &c.
A person must not, for the purpose of
obtaining the issue, grant or renewal of a
licence or authorisation, make a
declaration or statement that is false in
any particular, or knowingly utter,
produce or make use of such a
declaration or statement or a document
containing such a declaration or
statement.
Penalty: Fine not exceeding 100 penalty
units.
26. Section 84 amended (Forfeiture of substances, &c.,
in certain cases)
Section 84(1)(b) of the Principal Act is amended
by omitting "opium" and substituting "alkaloid".
27. Sections 84A and 84B inserted
After section 84 of the Principal Act, the
following sections are inserted in Division 2:
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Poisons Amendment (Poppy Industry Reform) Act 2016
Act No. of
s. 27
84A. Destruction of scheduled substances and
prohibited plants
(1) In this section -
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 section;
drug-related offence means an
indictable offence under the
Misuse of Drugs Act 2001, the
Criminal Code Act 1924, this Act
or a corresponding law.
(2) If a person is found guilty by a court of a
drug-related offence, the court may order
the forfeiture to the Crown of any
scheduled substances, or prohibited
plants, that were, at the time of the
commission of the offence, in the
person's possession or apparently under
the person's control.
(3) If an inspector believes on reasonable
grounds that a person who is the holder
of a licence has contravened this Act or
the licence, the inspector may detain or
seize any scheduled substances, or
prohibited plants, that are in the
possession of the person.
(4) If a licence is suspended or cancelled,
any scheduled substances or prohibited
plants in the possession of, or apparently
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Poisons Amendment (Poppy Industry Reform) Act 2016
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s. 27
under the control of, the person who was
the licence holder are -
(a) in the case of suspension,
forfeited to the Crown for the
duration of the suspension; or
(b) in the case of cancellation,
forfeited to the Crown.
(5) Subject to subsection (6), any scheduled
substances or prohibited plants that are
forfeited to the Crown under
subsection (4)(b) are to be destroyed in
accordance with the directions of the
Secretary.
(6) The Secretary may, instead of directing
the destruction of the scheduled
substances or prohibited plants, authorise
a person to take possession of the
scheduled substances or prohibited
plants, on behalf of the Crown or some
other person, for a purpose specified by
the Secretary.
(7) If any scheduled substances or prohibited
plants that were in the possession, or
apparently under the control, of a person
referred to in subsection (2), (3) or (4)
are destroyed under this section, the
person must pay to the Crown the
reasonable costs of the destruction.
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s. 27
84B. Directions to former holder of licence
(1) An inspector or a responsible licensing
authority may give to a person who has
ceased to be the holder of a licence under
this Act directions in relation to the
disposal, removal or destruction of any
prohibited plant or substance to which
the licence related.
(2) A person must comply with a direction
given to the person under subsection (1).
Penalty: In the case of -
(a) a body corporate, a fine
not exceeding 50 penalty
units; or
(b) a natural person, a fine
not exceeding 10 penalty
units.
(3) If a person has ceased to be the holder of
a licence under this Act that authorised
the possession of a prohibited plant or a
substance, the person is not to be taken,
in relation to the plant or substance, to
contravene, after ceasing to hold the
licence, a provision of this Act in relation
to the possession of a plant or substance,
if the person -
(a) takes all reasonable steps to
secure the plant or substance
from loss or theft; and
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s. 28
(b) complies with any directions
given to the person under
subsection (1) in relation to the
plant or substance.
28. Section 86B inserted
After section 86A of the Principal Act, the
following section is inserted in Division 2A:
86B. Savings provisions for current licences
(1) Subject to this Act, a licence granted in
respect of the growing of a prohibited
plant under Part V and in force
immediately before the commencement
of the Poisons Amendment (Poppy
Industry Reform) Act 2016 (the
amending Act) is to be taken to be a
poppy grower's licence granted under
this Act and remains in force as such a
licence for -
(a) subject to paragraph (b), the
period for which the licence
would have remained in force if
the amending Act had not
commenced; or
(b) if, before the expiry of the period
referred to in paragraph (a), the
person has provided to the Board
a document, issued by a body
approved by the Board, providing
evidence that the person is a fit
and proper person and the Board
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s. 29
has not notified the person that
the Board is of the opinion that
the person is not a fit and proper
person - a period of 5 years from
the date on which the document
was issued by the body.
(2) Nothing in subsection (1) is to be taken
to prevent the conditions and restrictions
in a licence to which that subsection
applies from being varied under
section 9.
29. Section 90 amended (Powers of inspectors with
respect to licensed premises, &c.)
Section 90(1) of the Principal Act is amended as
follows:
(a) by inserting in paragraph (a) ", or in the
previous 6 months was," after "is";
(b) by inserting in paragraph (c) ", or in the
previous 6 months was," after "person
who is";
(c) by omitting from paragraph (d) "or
cultivate".
30. Section 92 amended (Revocation or suspension of
rights)
Section 92(1)(b) of the Principal Act is amended
by omitting "or cultivate".
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31. Section 92B inserted
After section 92A of the Principal Act, the
following section is inserted in Division 3:
92B. Infringement notices
(1) In this section -
infringement offence means an
offence against this Act or the
regulations that is prescribed to
be an infringement offence.
(2) The Board or an inspector may issue and
serve an infringement notice on a person
if the Board or inspector 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 -
(a) is to be in accordance with
section 14 of the Monetary
Penalties Enforcement Act 2005;
and
(b) is not to relate to more than 3
offences.
(5) The regulations -
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s. 32
(a) may prescribe, for infringement
offences, the penalties payable
under infringement notices; and
(b) may prescribe different penalties
for bodies corporate and
individuals.
32. Repeal of Act
This Act is repealed on the three hundred and
sixty fifth day from the day on which it
commences.
Government Printer, Tasmania 57