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CLAUSE NOTES
Poisons Amendment (Poppy Industry Reform) Bill 2016
Clause 1 Short Title
Clause 2 Commencement
Provides for the Act to commence date of Royal Assent.
Clause 3 Principal Act
States that the Poisons Act 1971 is the Principal Act.
Clause 4 Section 3 amended (Interpretation)
Updates the terms used in the Act.
Clause 5 Sections 3A and 3B inserted
Inserts fit and proper persons tests for an individual and a body
corporate into the Principal Act which outlines the matters that
may be considered in deciding if a person is a fit and proper
person to hold a licence under the Act.
Matters that can be taken into account are commensurate to the
type of licence application being assessed and the risk posed to
public health.
For example, poppy growers will not need to provide financial
information or evidence of business expertise but manufacturing
chemists will.
Clause 6 Part 1A inserted (General provisions relating to licences)
Outlines the general requirements in relation to all licences issued
under the Act.
Applications must be in approved form (section 6)
The responsible licensing authority has the power to
investigate an application and request further information
(section 7).
The responsible licensing authority must determine that an
applicant is suitable to be in the poppy industry (section 8).
Conditions can be place on a licence (section 9).
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Clause 6 A licence can be suspended or cancelled (section 10).
(continued) A licence can be immediately suspended if there is a high
risk of diversion or imminent harm to the public (section
11).
Where the holder of a licence is not a natural person, a
natural person must be appointed as a responsible officer,
who has duties in relation to the licence (sections 12- 13A)
Clause 7 Section 16 amended (Licences)
Amends section 16 as a consequence of the reorganisation of the
structure of the Act to now include general requirements for all
licences issued under the Act.
Clause 8 Sections 16A, 16B, 16C and 17 repealed
Repeals sections 16A, 16B, 16C and 17 as a consequence of the
reorganisation of the structure of the Act to now include these
matters within the general requirements for all licences issued
under the Act.
Clause 9 Section 18 amended (Offences)
Increases penalties for offences in relation to licences for
manufacturing chemists and wholesale chemists.
Clause 10 Section 27 amended (Licences to sell certain substances)
Amends section 27 of the Act as a consequence of the
reorganisation of the structure of the Act to delete provisions
dealing with matters now included within the general requirements
for all licences issued under the Act.
Clause 11 Section 46 amended (Manufacture of narcotic substances)
Amends section 46 of the Principal Act to update a reference as a
consequential change required by new provisions.
Clause 12 Section 47 amended (Sale and supply of narcotic substances,
prohibited plants, and prohibited substances)
Amends section 47 as a consequential change required by new
poppy research licence and poppy grower licence provisions.
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Clause 13 Section 49 amended (Prohibition of possession of prohibited
plants except under licence)
Amends section 49 of the Principal Act to update a reference as a
consequential change required by new provisions and to omit or
amend terms now defined in the amended Section 3 of the
Principal Act.
Clause 14 Section 50 amended (Exceptions as to scientific institutions)
Inserts “or research” after “scientific” to make the wording of
Section 50 consistent with the new provisions for poppy research
licences.
Clause 15 Section 52 amended (Growing of certain plants prohibited except
under licence)
Amends Section 52 (1) to reflect general licensing changes and
vary the term now defined in the amended Section 3 of the
Principal Act.
Clause 16 Section 53 substituted (Division 3- Poppy research licence and
Division 3A- Poppy grower’s licence)
Inserts new provisions 52A-D in relation to poppy research
licences and 52E-K in relation to poppy grower licences. Provisions
relate to issue, duration, renewal and conditions of licences and
provide for review of a decision on a poppy grower licence.
Licences will now be issued for up to five years, rather than
annually.
Clause 17 Section 56 amended (Offences against this Part)
Omits paragraph 56 (1) (c) as it is no longer required due to the
general licensing provisions in Part1A.
Clause 18 Section 59 amended (Regulations)
Amends paragraph 59(1)(k) to reflect consequential changes.
Clause 19 Part VB, Division 1: Heading inserted (Division 1 – Poppy Advisory
and Control Board)
Inserts a new heading into the Principal Act.
Clause 20 Sections 59G amended (Interpretation)
Removes definitions of terms now defined in the amended Section
3 of the Principal Act.
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Clause 21 Sections 59H amended (Poppy Advisory and Control Board)
Broadens membership of the Board to allow for a Commonwealth
observer and include:
two independent members, one of whom is the Chair to
bring industry expertise to the Board; and
the Secretary responsible for the Primary Industry Activities
Protection Act 1995 or a person nominated by that
Secretary.
Clause 22 Sections 59N,59O, 59P and 59Q inserted
Inserts new provisions to enable the Minister to issue a statement
of expectation and the Board to respond with a statement of
intent. This will serve to clarify the role of the Minister and the
Board in regulating the poppy industry.
Clause 23 Part VB, Division 2 inserted (General)
Inserts new provisions to allow the Board to issue guidelines and
to provide indemnity to Board members.
Clause 24 Part VI, Division 1A inserted (Improvement notices)
Inserts new provisions to allow the licensing authority to issue
improvement notices to introduce a staged enforcement regime.
The provisions also require a licensee to comply with
improvement notices, and provides for offences for non-
compliance with notices, and review of notices by the Court.
Clause 25 Section 83C inserted (Offence to make false statement, &c.
Inserts a new provision offence to make it an offence to provide
false information in relation to seeking a licence under the Act.
Clause 26 Section 84 amended (Forfeiture of substances, &c., in certain
cases)
Amends section 84 (1) (b) by omitting the word “opium” and
substituting the word “alkaloid” to refect the new definition in the
Interpretation section.
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Clause 27 Section 84A and 84B inserted (Destruction of scheduled
substances and prohibited plants and Directions to former holder
of licence)
Inserts provisions around the destruction of scheduled substances
and prohibited plants to apply in relation to convictions for drug
related offences, contravention, suspension or cancellation of
licences and also permits the Secretary to make other
arrangements (84A).
Inspectors are able to issue directions to former licence holders to
manage issues like crop re-growth (84B).
Clause 28 Section 86B inserted (Savings provisions for current licences)
Inserts savings provisions for existing licences to enable transition
from annual to five year licences.
Clause 29 Section 90 amended (Powers of inspectors with respect to
licensed premises, &c.)
Amends section 90 (1) (d) by making minor wording changes to
alter tenses in paragraphs (a) and (b) and omitting the words “or
cultivate” in paragraph (d) as cultivation is now included within the
definition of “grow” in the Interpretation section. The changes to
tense allow an inspector’s powers to request removal off poppy
material to apply six months after the expiry of a licence.
Clause 30 Section 92 amended (Revocation or suspension of rights)
Amends section 92 (1) (b) by omitting the words “or cultivate” as
cultivation is now included within the definition of “grow” in the
Interpretation section.
Clause 31 Section 92B inserted (Infringement notices)
Adds provisions which allow the issue of infringement notices for
prescribed offences under the Act.
Clause 32 Repeal of Act
Provides for automatic repeal of the Amendment Act after one
year.
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