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This is a Bill, not an Act. For current law, see the Acts databases.


INDUSTRIAL HEMP BILL 2003

                       Western Australia



           Industrial Hemp Bill 2003

                         CONTENTS


      Part 1 -- Preliminary
1.    Short title                                              2
2.    Commencement                                             2
3.    Terms used in this Act                                   2
      Part 2 -- Licensing
      Division 1 -- Licence required to cultivate, harvest
             or process industrial hemp
4.    Licensing requirement                                    4
      Division 2 -- Application for and grant of a licence
             or a renewal or transfer of a licence
5.    Applications                                             4
6.    Investigations and inquiries relating to applications    5
7.    Application for licence by individual                    5
8.    Grant of licence to an individual                        5
9.    Application for a licence by partnership                 6
10.   Grant of licence to a partnership                        7
11.   Application for licence by a body corporate              8
12.   Grant of licence to a body corporate                     8
13.   Notice of refusal of application                         9
14.   Issue of licence                                         9
15.   Duration of licence                                     10
16.   Application for renewal of licence                      10
17.   Grounds for refusing to renew a licence                 10
18.   Conditions                                              10
19.   Amendment of licence                                    11
20.   Return of licence no longer in force                    12
21.   Transfer of licence                                     12


                                                              page i
                           250--1B
Industrial Hemp Bill 2003



Contents



           Division 3 -- Changes in partnership or body
                  corporate
   22.     Loss of member etc., notice to be given to Registrar   13
   23.     New member in licensed partnership                     13
   24.     New person in management of corporate member of
           licensed partnership                                   14
   25.     New person in management of licensed body
           corporate                                              15
   26.     Licence ceases if changes not approved                 15
   27.     Offence to make management changes without
           applying for approval                                  16
           Part 3 -- Provisions applicable to
                licences
   28.     False or misleading information                        17
   29.     Contravention of conditions of a licence               17
   30.     Registers                                              17
   31.     Inspection of register                                 18
   32.     Registrar may certify as to matters in the register    18
   33.     Surrender of licence                                   18
   34.     Certified copy of licence                              19
   35.     Production of licence                                  19
           Part 4 -- Appeals
   36.     Appeals                                                20
           Part 5 -- Enforcement
   37.     Suspension or cancellation of licence                  22
   38.     Inspectors                                             23
   39.     General powers                                         23
   40.     Powers of approved analyst or botanist                 24
   41.     Requirement to notify Commissioner                     24
   42.     Inspector may possess cannabis for purposes of this
           Act                                                    25
   43.     Inspector's powers additional to other powers          25
           Part 6 -- Miscellaneous
   44.     Term used in this Part                                 26
   45.     Registrar                                              26
   46.     Delegation by Registrar                                26


page ii
                                       Industrial Hemp Bill 2003



                                                       Contents



47.   Delegation by the Commissioner                      26
48.   Regulations                                         27

      Part 7 -- Consequential amendments to
           the Misuse of Drugs Act 1981
49.   The Act amended                                     29
50.   Section 3 amended                                   29
51.   Section 4 amended                                   29
52.   Section 6 amended                                   30
53.   Section 7 amended                                   30
54.   Section 8A inserted                                 30
      Part 8 -- Consequential amendment to
           the Poisons Act 1964
55.   The Act amended                                     34
      Defined Terms




                                                         page iii
                           Western Australia


                     LEGISLATIVE ASSEMBLY



                Industrial Hemp Bill 2003


                               A Bill for


An Act to --
•  provide for the licensing of persons and partnerships to
    cultivate, harvest or process industrial hemp;
•  amend the Misuse of Drugs Act 1981; and
•  amend the Poisons Act 1964,
and for related purposes.



The Parliament of Western Australia enacts as follows:




                                                             page 1
     Industrial Hemp Bill 2003
     Part 1          Preliminary

     s. 1



                              Part 1 -- Preliminary
     1.         Short title
                This Act may be cited as the Industrial Hemp Act 2003.

     2.         Commencement
5               This Act comes into operation on a day fixed by proclamation.

     3.         Terms used in this Act
          (1)   In this Act, unless the contrary intention appears --
                "application" means an application made under section 5;
                "approved" means approved by the Registrar;
10              "approved analyst" has the meaning given to that term in
                    section 3(1) of the Misuse of Drugs Act 1981;
                "approved botanist" has the meaning given to that term in
                    section 3(1) of the Misuse of Drugs Act 1981;
                "authorised activity", in relation to a licence, means an activity
15                  authorised by the licence;
                "authorised premises", in relation to a licence, means the
                    premises described in the licence under section 14;
                "cannabis" means plant of the genus Cannabis (by whatever
                    name designated) or part of that plant;
20              "Commissioner" means the Commissioner of Police appointed
                    under the Police Act 1892;
                "Department" means the department of the Public Service
                    principally assisting the Minister in the administration of
                    this Act;
25              "external serious drug offence" has the meaning given to that
                    term in section 32A(3) of the Misuse of Drugs Act 1981;
                "industrial hemp" means cannabis, the leaves and flowering
                    heads of which do not contain more than 0.35% of
                    tetrahydrocannabinol;


     page 2
                                                    Industrial Hemp Bill 2003
                                                   Preliminary         Part 1

                                                                           s. 3



           "industrial hemp seed" means seed that is certified in an
                approved manner as --
                (a) having been produced from industrial hemp; or
                (b) producing, when cultivated, industrial hemp;
5          "inspector" means --
                (a) a person appointed under section 38(1); or
                (b) a police officer;
           "licence" means a licence issued and in force under this Act;
           "licensee" means the holder of a licence;
10         "plant" includes seed and any other part of a plant;
           "premises" means land (whether built on or not), or a building
                or structure on land, and includes a part of premises;
           "process" means to treat by mechanical, chemical or other
                artificial means but does not include harvesting;
15         "Registrar" means the person who for the time being holds, or
                acts in, the position referred to in section 45;
           "serious drug offence" has the meaning given to that term in
                section 32A(3) of the Misuse of Drugs Act 1981.
     (2)   If a licence is granted to 2 or more persons under section 10,
20         references in this Act to a licence holder or licensee are to those
           persons jointly, unless a contrary intention appears.
     (3)   References in provisions of this Act that create offences to a
           licence holder or licensee include a partnership to which a
           licence has been issued or transferred and the provisions apply
25         to a partnership as if the partnership were a person, but any
           offence against a provision of this Act that would otherwise be
           an offence by the partnership is to be taken to have been
           committed by each of the partners.




                                                                        page 3
     Industrial Hemp Bill 2003
     Part 2          Licensing
     Division 1      Licence required to cultivate, harvest or process industrial
                     hemp
     s. 4


                               Part 2 -- Licensing
      Division 1 -- Licence required to cultivate, harvest or process
                            industrial hemp
     4.         Licensing requirement
5               A person must not --
                 (a) cultivate industrial hemp;
                 (b) harvest industrial hemp; or
                 (c) process industrial hemp,
                except under and in accordance with a licence.
10              Penalty: $10 000.

           Division 2 -- Application for and grant of a licence or a
                       renewal or transfer of a licence
     5.         Applications
          (1)   This section applies to all applications to the Registrar for --
15               (a) a licence authorising the person or partnership --
                          (i) to cultivate industrial hemp;
                         (ii) to harvest industrial hemp;
                        (iii) to process industrial hemp; or
                        (iv) to do one or more of those things;
20               (b) the renewal of a licence;
                 (c) the transfer of a licence;
                 (d) a licence to be amended under section 23; and
                 (e) approval of an inclusion under section 24 or 25.
          (2)   An application is to be --
25               (a) made in an approved form;
                 (b) accompanied by the prescribed fee; and


     page 4
                                                               Industrial Hemp Bill 2003
                                                               Licensing          Part 2
          Application for and grant of a licence or a renewal or transfer    Division 2
                                                            of a licence
                                                                                     s. 6


                   (c)    supported by such other information as may be
                          prescribed by regulations.
           (3)   If an application does not comply with subsection (2) the
                 Registrar may decline to deal with the application and advise
5                the applicant accordingly.

     6.          Investigations and inquiries relating to applications
           (1)   Subject to section 5(3), after receiving an application the
                 Registrar is to carry out the investigations that the Registrar
                 considers necessary to determine the application in accordance
10               with section 8, 10, 12, 17, 21, 23, 24 or 25, as the case requires.
           (2)   Without limiting subsection (1), the Registrar may --
                  (a) refer a copy of an application, together with any
                       information provided under section 5(2)(c), to the
                       Commissioner; and
15                (b) request the Commissioner to inquire into and report to
                       the Registrar on matters relating to the application.
           (3)   The Commissioner or a person to whom the duty has been
                 delegated under section 47 is to comply with a request under
                 subsection (2) within 30 days of receiving the request.
20         (4)   The Registrar may, in a particular case, extend the period
                 referred to in subsection (3).

     7.          Application for licence by individual
                 An application for a licence may be made to the Registrar by an
                 individual.

25   8.          Grant of licence to an individual
           (1)   After considering the application and the results of any
                 investigation or inquiry under section 6, an application made
                 under section 7 may be refused by the Registrar in accordance
                 with subsection (3).



                                                                                 page 5
     Industrial Hemp Bill 2003
     Part 2          Licensing
     Division 2      Application for and grant of a licence or a renewal or transfer
                     of a licence
     s. 9


          (2)   Subject to subsection (1), the Registrar must grant a licence if
                the applicant satisfies him or her that the applicant --
                  (a) has reached 18 years of age;
                  (b) is a person of good character and repute;
5                 (c) is a fit and proper person to be involved in an activity to
                        be authorised by the licence;
                  (d) has sufficient material, human and financial resources to
                        carry on any activity to be authorised by the licence; and
                  (e) has such qualifications as may be prescribed by
10                      regulations.
          (3)   The Registrar must refuse to grant a licence under this section
                if --
                   (a) the applicant has been found guilty of an external
                       serious drug offence or a serious drug offence during the
15                     period of 10 years ending on the day on which the
                       application was made;
                   (b) the applicant has an association with a person who --
                          (i) is not of good character and repute; or
                         (ii) has been found guilty of an external serious drug
20                            offence or a serious drug offence during the
                              period of 10 years ending on the day on which
                              the application was made;
                       or
                   (c) the means by which, the manner in which or the
25                     premises at which the applicant proposes to cultivate,
                       harvest or process industrial hemp are not suitable for
                       the purpose of carrying out that activity.

     9.         Application for a licence by partnership
                An application for a licence may be made jointly to the
30              Registrar by the 2 or more persons who together constitute a
                partnership.


     page 6
                                                            Industrial Hemp Bill 2003
                                                            Licensing          Part 2
       Application for and grant of a licence or a renewal or transfer    Division 2
                                                         of a licence
                                                                                 s. 10


     10.         Grant of licence to a partnership
           (1)   In this section --
                 "relevant person" means an individual --
                      (a) who is a member of the partnership; or
5                     (b) who is concerned in the management or conduct of a
                           body corporate that is a member of the partnership.
           (2)   After considering the application and the results of any
                 investigation or inquiry under section 6, an application made
                 under section 9 may be refused by the Registrar in accordance
10               with subsection (4).
           (3)   Subject to subsection (2), the Registrar must grant a licence if
                 the applicant satisfies him or her that --
                   (a) each relevant person --
                            (i) has reached 18 years of age;
15                         (ii) is a person of good character and repute;
                          (iii) is a fit and proper person to be concerned in the
                                 management or the conduct of an activity to be
                                 authorised by the licence; and
                          (iv) has such qualifications as may be prescribed by
20                               regulations;
                         and
                   (b) the persons who constitute the partnership have
                         sufficient material, human and financial resources to
                         carry on any activity to be authorised by the licence.
25         (4)   The Registrar must refuse to grant a licence under this section
                 if --
                    (a) a relevant person has been found guilty of an external
                        serious drug offence or a serious drug offence during the
                        period of 10 years ending on the day on which the
30                      application was made;



                                                                              page 7
     Industrial Hemp Bill 2003
     Part 2          Licensing
     Division 2      Application for and grant of a licence or a renewal or transfer
                     of a licence
     s. 11


                  (b)   a relevant person has an association with a person
                        who --
                           (i) is not of good character and repute; or
                          (ii) has been found guilty of an external serious drug
5                               offence or a serious drug offence during the
                                period of 10 years ending on the day on which
                                the application was made;
                        or
                  (c)   the means by which, the manner in which or the
10                      premises at which the applicant proposes to cultivate,
                        harvest or process industrial hemp are not suitable for
                        the purpose of carrying out that activity.

     11.         Application for licence by a body corporate
                 An application for a licence may be made to the Registrar by a
15               body corporate.

     12.         Grant of licence to a body corporate
           (1)   In this section --
                 "relevant person" means an individual who is concerned in the
                      management or conduct of the body corporate.
20         (2)   After considering the application and the results of any
                 investigation or inquiry under section 6, an application made
                 under section 11 may be refused by the Registrar in accordance
                 with subsection (4).
           (3)   Subject to subsection (2), the Registrar must grant a licence if
25               the applicant satisfies him or her that --
                   (a) each relevant person --
                            (i) has reached 18 years of age;
                           (ii) is a person of good character and repute;
                          (iii) is a fit and proper person to be concerned in the
30                               management or the conduct of an activity to be
                                 authorised by the licence; and

     page 8
                                                            Industrial Hemp Bill 2003
                                                            Licensing          Part 2
       Application for and grant of a licence or a renewal or transfer    Division 2
                                                         of a licence
                                                                                 s. 13


                          (iv)   has such qualifications as may be prescribed by
                                 regulations;
                         and
                  (b)    the body corporate has sufficient material, human and
5                        financial resources to carry on any activity to be
                         authorised by the licence.
           (4)   The Registrar must refuse to grant a licence under this section
                 if --
                    (a) a relevant person has been found guilty of an external
10                      serious drug offence or a serious drug offence during the
                        period of 10 years ending on the day on which the
                        application was made;
                    (b) a relevant person has an association with a person
                        who --
15                         (i) is not of good character and repute; or
                          (ii) has been found guilty of an external serious drug
                                offence or a serious drug offence during the
                                period of 10 years ending on the day on which
                                the application was made;
20                      or
                    (c) the means by which, the manner in which or the
                        premises at which the applicant proposes to cultivate,
                        harvest or process industrial hemp are not suitable for
                        the purpose of carrying out that activity.

25   13.         Notice of refusal of application
                 The Registrar is to give an applicant written notice of any
                 refusal of an application under this Act.

     14.         Issue of licence
           (1)   If the Registrar decides to issue a licence, the Registrar is to
30               issue to the applicant a licence in an approved form.



                                                                               page 9
     Industrial Hemp Bill 2003
     Part 2          Licensing
     Division 2      Application for and grant of a licence or a renewal or transfer
                     of a licence
     s. 15


           (2)   The licence is to describe the premises at or on which an
                 authorised activity may be carried out.

     15.         Duration of licence
           (1)   Subject to this Act, a licence continues in force for the period
5                specified in the licence.
           (2)   The period specified in a licence cannot exceed 3 years.

     16.         Application for renewal of licence
           (1)   A licensee may apply to the Registrar for a renewal of the
                 licence.
10         (2)   An application for renewal must be made not later than 56 days
                 before the day on which the licence is due to expire.

     17.         Grounds for refusing to renew a licence
           (1)   The Registrar may refuse to renew a licence if there is any
                 ground on which the Registrar could refuse to grant the licence
15               under section 8, 10 or 12.
           (2)   The Registrar cannot refuse to renew a licence as mentioned in
                 subsection (1) unless he or she has --
                   (a) conducted an investigation under section 6; and
                   (b) given the licensee an opportunity to show cause why the
20                       renewal should not be refused.

     18.         Conditions
           (1)   A licence issued, renewed or transferred by the Registrar is
                 subject to such conditions as may by regulations be prescribed
                 from time to time.
25         (2)   The Registrar may on the issue, renewal or transfer of a licence
                 make the licence subject to any other conditions that the
                 Registrar reasonably requires and specifies in the licence or a
                 written notice given to the licensee or transferee.


     page 10
                                                            Industrial Hemp Bill 2003
                                                            Licensing          Part 2
       Application for and grant of a licence or a renewal or transfer    Division 2
                                                         of a licence
                                                                                 s. 19


           (3)   Without limiting subsections (1) and (2), the conditions
                 prescribed by regulations may include conditions about --
                   (a) the authorised premises, including the implementation
                         and maintenance of appropriate security measures at
5                        those premises;
                   (b) the keeping of records and other documents;
                   (c) the provision of information, records or other documents
                         to the Registrar in respect of --
                            (i) the activities carried out under the licence; or
10                         (ii) any other matter that is prescribed;
                   (d) the harvesting and disposal of crops and the processing
                         and disposal of harvested material and crop residue; and
                   (e) the inspection, supervision and surveillance of plants,
                         crops and harvested material by inspectors.

15   19.         Amendment of licence
           (1)   The Registrar may amend a licence by --
                  (a) amending or cancelling a condition of the licence;
                  (b) imposing a new condition on the licence;
                  (c) changing the description of the authorised premises;
20                (d) correcting in the licence --
                          (i) a clerical mistake or unintentional error or
                               omission; or
                         (ii) the misdescription of any person, activity or
                               premises;
25                     and
                  (e) subject to section 15(2), extending the period of time for
                       which a licence is in force.
           (2)   A licence may be amended on application by the licence holder
                 or on the initiative of the Registrar.



                                                                             page 11
     Industrial Hemp Bill 2003
     Part 2          Licensing
     Division 2      Application for and grant of a licence or a renewal or transfer
                     of a licence
     s. 20


           (3)   The Registrar is to give the licence holder written notice of any
                 amendment of the licence.

     20.         Return of licence no longer in force
                 If a licence --
5                  (a) has expired and has not been renewed; or
                   (b) has been cancelled or ceases to have effect,
                 the person who has the licence must, as soon as practicable after
                 the licence expired, was cancelled or ceased to have effect,
                 return the licence to the Registrar.
10               Penalty: $1 500.

     21.         Transfer of licence
           (1)   A licence holder and another person (the "transferee") may
                 jointly apply to the Registrar for the transfer of the licence from
                 the holder to the transferee.
15         (2)   Sections 8, 10 and 12 apply in relation to an application under
                 subsection (1) as if references in those sections to --
                   (a) an application were references to an application under
                         subsection (1);
                   (b) the grant or refusal of a licence were references to the
20                       transfer of or refusal to transfer a licence; and
                   (c) the applicant were references to the transferee.
           (3)   After considering an application under subsection (1), the
                 results of any investigation or inquiry under section 6, and the
                 matters referred to in section 8, 10 or 12 (as applied by
25               subsection (2)), the Registrar is to --
                   (a) transfer the licence; or
                   (b) refuse to transfer the licence.




     page 12
                                                           Industrial Hemp Bill 2003
                                                           Licensing          Part 2
                            Changes in partnership or body corporate     Division 3
                                                                                s. 22



            Division 3 -- Changes in partnership or body corporate
     22.         Loss of member etc., notice to be given to Registrar
           (1)   This section applies if, because of the death or resignation of the
                 person or otherwise, one of the following events occurs --
5                  (a) a person ceases to be a member of a partnership that
                         holds a licence;
                   (b) a person ceases to be a person who is concerned in the
                         management or conduct of a body corporate that is a
                         member of a partnership that holds a licence;
10                 (c) a person ceases to be a person who is concerned in the
                         management or conduct of a body corporate that holds a
                         licence.
           (2)   The licensee concerned must, within 14 days after the event
                 occurs, notify the Registrar in writing of the event.
15               Penalty: $2 000.

     23.         New member in licensed partnership
           (1)   This section applies if --
                  (a) a licence is held by a partnership; and
                  (b) it is proposed to include a new member in the
20                       partnership, irrespective of whether an increase in the
                         number of members is involved.
           (2)   The licensee may apply to the Registrar for the licence to be
                 amended by including the proposed new member of the
                 partnership as one of the licensees.
25         (3)   The application must be made not less than 28 days before the
                 inclusion is to occur.
           (4)   The Registrar may refuse to grant an application under
                 subsection (2) only if he or she is satisfied that, if an application
                 were made under section 9 by the persons who are proposed to



                                                                              page 13
     Industrial Hemp Bill 2003
     Part 2          Licensing
     Division 3      Changes in partnership or body corporate
     s. 24



                 be the holders of the licence as amended, a licence would not be
                 granted to them.
           (5)   Subject to subsection (4), the Registrar must --
                  (a) grant an application that is made under subsections (2)
5                       and (3); and
                  (b) specify a day on which the amendment is to take effect.

     24.         New person in management of corporate member of
                 licensed partnership
           (1)   This section applies if --
10                (a) a licence is held by a partnership;
                  (b) one of the members of the partnership is a body
                         corporate; and
                  (c) it is proposed to include a new person in the persons
                         who are concerned in the management or conduct of that
15                       body corporate, irrespective of whether an increase in
                         the number of such persons is involved.
           (2)   The licensee may apply to the Registrar for the licence to be
                 amended by including a new person in the persons who are
                 concerned in the management or conduct of that body corporate.
20         (3)   The application must be made not less than 28 days before the
                 inclusion is to occur.
           (4)   The Registrar must grant an application unless he or she is
                 satisfied that a licence would not be granted if --
                   (a) an application for a licence were made under section 9;
25                 (b) the body corporate were one of the applicants; and
                   (c) at the time of the application the persons concerned in
                          the management or conduct of the body corporate were
                          the persons who would be so concerned if the proposed
                          inclusion were approved.




     page 14
                                                          Industrial Hemp Bill 2003
                                                          Licensing          Part 2
                           Changes in partnership or body corporate     Division 3
                                                                               s. 25



     25.         New person in management of licensed body corporate
           (1)   This section applies if --
                  (a)    a licence is held by a body corporate; and
                  (b)    it is proposed to include a new person in the persons
5                        who are concerned in the management or conduct of the
                         body corporate, irrespective of whether an increase in
                         the number of such persons is involved.
           (2)   The licensee may apply to the Registrar for the licence to be
                 amended by including a new person in the persons who are
10               concerned in the management or conduct of the body corporate.
           (3)   The application must be made not less than 28 days before the
                 inclusion is to occur.
           (4)   The Registrar must grant an application unless he or she is
                 satisfied that a licence would not be granted if --
15                 (a) an application for a licence were made under section 11;
                          and
                   (b) at the time of that application the persons concerned in
                          the management or conduct of the body corporate were
                          the persons who would be so concerned if the proposed
20                        inclusion were approved.

     26.         Licence ceases if changes not approved
           (1)   This section applies if the Registrar refuses to grant an
                 application under section 23(4), 24(4) or 25(4).
           (2)   The licence ceases to have effect 14 days after the licensee is
25               notified of the refusal unless, within that period --
                   (a) the licensee notifies the Registrar in writing that the
                         application to which the refusal relates is withdrawn; or
                   (b) the licensee makes a further application under
                         section 23, 24 or 25, as the case may be, that is granted
30                       by the Registrar.



                                                                             page 15
     Industrial Hemp Bill 2003
     Part 2          Licensing
     Division 3      Changes in partnership or body corporate
     s. 27



           (3)   The Registrar may by notice in writing to the licensee extend
                 the period referred to in subsection (2).

     27.         Offence to make management changes without applying for
                 approval
5          (1)   If a licence is held by a partnership, the licensee commits an
                 offence if --
                   (a) a new member is included in the partnership without an
                          application being made under section 23; or
                   (b) a new person is included in the persons who are
10                        concerned in the management or conduct of a body
                          corporate that is a member of the partnership without an
                          application being made under section 24.
                 Penalty: $2 000.
           (2)   If a licence is held by a body corporate, the licensee commits an
15               offence if a new person is included in the persons who are
                 concerned in the management or conduct of the body corporate
                 without an application being made under section 25.
                 Penalty: $2 000.




     page 16
                                                            Industrial Hemp Bill 2003
                                     Provisions applicable to licences         Part 3

                                                                                  s. 28



                 Part 3 -- Provisions applicable to licences
     28.         False or misleading information
           (1)   A person must not in relation to an application to which this
                 section applies give information orally or in writing that the
5                person knows to be --
                   (a) false or misleading in a material particular; or
                   (b) likely to deceive in a material way.
                 Penalty: $5 000.
           (2)   This section applies to --
10                (a)    an application for a licence;
                  (b)    an application for the renewal of a licence; and
                  (c)    an application under section 21, 23, 24 or 25.

     29.         Contravention of conditions of a licence
           (1)   A licence holder who contravenes a condition of the licence
15               commits an offence.
                 Penalty: $5 000.
           (2)   Despite section 11 of The Criminal Code, a person convicted of
                 an offence under subsection (1) may be punished for the offence
                 even if the condition contravened was amended or cancelled
20               after the offence was committed.

     30.         Registers
           (1)   The Registrar must keep a register for the purposes of Part 2
                 recording such particulars and matters relating to licences as are
                 prescribed.
25         (2)   The regulations may provide for the form and manner in which
                 a register is to be kept, including for a register to be in the form
                 of information stored on a computer.




                                                                              page 17
     Industrial Hemp Bill 2003
     Part 3          Provisions applicable to licences

     s. 31



           (3)   Subject to the regulations, a register may be kept in a form and
                 manner determined by the Registrar.

     31.         Inspection of register
                 The Registrar must allow any person, on payment of the
5                prescribed fee --
                   (a) to inspect a register; and
                   (b) to take copies of, or extracts from, any part of it.

     32.         Registrar may certify as to matters in the register
           (1)   The Registrar may, on the application of a person, issue to the
10               person a written statement certifying any of the following --
                   (a) that a person specified in the statement is or was, or is
                        not or was not, the holder of a licence;
                   (b) that premises specified in the statement are or were, or
                        are not or were not, premises at which an authorised
15                      activity may be carried out;
                   (c) the conditions to which a licence is subject;
                   (d) any other matter appearing in the register.
           (2)   A statement under subsection (1) may specify the day or days or
                 period on or during which anything referred to in subsection (1)
20               applied.
           (3)   In all courts and proceedings a statement under this section is
                 evidence of any matter that appears in it.

     33.         Surrender of licence
           (1)   A licensee may surrender the licence by --
25                (a) giving the Registrar notice in writing to that effect; and
                  (b) returning the licence to him or her.
           (2)   If a licence is surrendered, the Registrar is to refund to the
                 former licensee so much (if any) of the fee last paid in respect of


     page 18
                                                           Industrial Hemp Bill 2003
                                    Provisions applicable to licences         Part 3

                                                                                 s. 34



                 the licence as the Registrar, on application made by the former
                 licensee, determines to be appropriate.

     34.         Certified copy of licence
           (1)   The Registrar may, on payment of the prescribed fee, issue a
5                certified copy of a licence.
           (2)   In all courts and proceedings a certified copy so issued is
                 evidence of the contents of the licence.
           (3)   A document that purports to be a certified copy of a licence
                 issued by the Registrar is to be taken to be such a copy unless
10               the contrary is proved.

     35.         Production of licence
           (1)   An inspector may require a licensee to produce his or her
                 licence to the inspector.
           (2)   A request under subsection (1) may only be made at premises at
15               or on which an authorised activity may be carried out.
           (3)   Any licensee to whom a requirement under subsection (1) is
                 addressed must comply with the requirement unless he or she
                 has reasonable excuse for not doing so.
                 Penalty: $1 500.




                                                                               page 19
     Industrial Hemp Bill 2003
     Part 4          Appeals

     s. 36



                                 Part 4 -- Appeals
     36.         Appeals
           (1)   This section applies to a decision of the Registrar --
                  (a) to refuse to issue a licence;
5                 (b) to refuse to renew a licence;
                  (c) to refuse to transfer a licence;
                  (d) to suspend or cancel a licence; or
                  (e) to amend a licence.
           (2)   A person who is aggrieved by a decision to which this section
10               applies may, within 30 days after receiving notice of the
                 decision, appeal to the Minister against the decision by giving
                 the Minister a notice of appeal in accordance with
                 subsection (7).
           (3)   A person who has a right under subsection (2) to appeal to the
15               Minister against a decision may request the Registrar to provide
                 the person with a written statement of the reasons for the
                 decision.
           (4)   A request under subsection (3) has to be made in writing.
           (5)   The Registrar on receiving a request under subsection (3) is to
20               comply with the request as soon as practicable, and in any case
                 within the period of 14 days after the request is made.
           (6)   Subject to subsection (11), the Registrar's written statement has
                 to contain --
                   (a) the reasons for the decision; and
25                 (b) any findings on material questions of fact that led to the
                         decision, referring to the evidence or other material on
                         which those findings were based.
           (7)   The notice of appeal is to be in writing and set out the grounds
                 of appeal and any representations that the appellant wishes to
30               make in support of the appeal.

     page 20
                                                     Industrial Hemp Bill 2003
                                                       Appeals          Part 4

                                                                          s. 36



      (8)   The Minister may determine the appeal by confirming, varying
            or reversing the decision of the Registrar.
      (9)   The Minister's determination is final and the Registrar is to give
            effect to the determination.
5    (10)   The Minister is to cause notice of his or her determination,
            together with reasons for it, to be given to the appellant within
            7 days after it is made.
     (11)   The Minister may order that a report or the contents of or source
            of information in a report provided by the Commissioner to the
10          Registrar under section 6 not be disclosed to the aggrieved
            person, the aggrieved person's representative or any other
            person if, on an application by the Registrar or the
            Commissioner, the Minister is satisfied that the disclosure might
            disclose exempt matter within the meaning given to that term in
15          the Glossary at the end of the Freedom of Information Act 1992.
     (12)   An application under subsection (11) may be made without
            notice to the aggrieved person and may be determined in the
            absence of the aggrieved person.
     (13)   The reasons for the decision of the Minister on an appeal under
20          this section must not disclose the content or source of
            information in a report that is the subject of an order made
            under subsection (11).




                                                                       page 21
     Industrial Hemp Bill 2003
     Part 5          Enforcement

     s. 37



                             Part 5 -- Enforcement
     37.         Suspension or cancellation of licence
           (1)   The Registrar may suspend or cancel a licence if --
                  (a) the licence holder has requested its suspension or
5                      cancellation;
                  (b) the Registrar is satisfied that there has been a
                       contravention of a condition of the licence;
                  (c) the Registrar is satisfied that the licence holder has
                       committed an offence against this Act or the Misuse of
10                     Drugs Act 1981;
                  (d) the Registrar is satisfied that there is any ground on
                       which the Registrar could refuse to grant a licence under
                       section 8, 10 or 12;
                  (e) the licensee has not paid a fee required to be paid under
15                     this Act;
                   (f) information contained in or provided in connection
                       with --
                          (i) the application for the licence; or
                         (ii) any application for the transfer or renewal of the
20                             licence,
                       was false or misleading in a material respect; or
                  (g) the licence holder no longer carries on the authorised
                       activity or activities to which the licence relates.
           (2)   The Registrar is to give the licence holder written notice of any
25               suspension or cancellation of the licence.
           (3)   A licence may be suspended for --
                  (a) a specified period; or
                  (b) until the happening of a specified event.
           (4)   In subsection (3) --
30               "specified" means specified in the notice under subsection (2).

     page 22
                                                           Industrial Hemp Bill 2003
                                                        Enforcement           Part 5

                                                                                 s. 38



     38.         Inspectors
           (1)   The Minister may, in writing, appoint a person as an inspector
                 for the purposes of this Act.
           (2)   The Registrar is to issue to each inspector appointed under
5                subsection (1) an identity card in a form approved by the
                 Registrar.
           (3)   The Minister may revoke an appointment under subsection (1)
                 at any time.
           (4)   An inspector appointed under subsection (1) must produce his
10               or her identity card whenever requested to do so by a person in
                 respect of whom the inspector has exercised, or is about to
                 exercise, a power under this Part.
           (5)   Production of an identity card is evidence in any court of the
                 appointment of the inspector to whom the identity card relates.
15         (6)   A person who ceases to be an inspector must, as soon as
                 practicable after so ceasing, return his or her identity card to the
                 Registrar.
                 Penalty: $500.

     39.         General powers
20         (1)   For the purposes of investigating whether this Act or a licence is
                 being contravened, an inspector may, with such assistance as the
                 inspector thinks necessary, at any reasonable time --
                   (a) enter and inspect any place, other than premises used as
                         a residence, occupied by any person who is a licence
25                       holder;
                   (b) inspect, count, examine or mark for identification any
                         plant in the place;
                   (c) require a person to produce any document that is or may
                         be relevant to the investigation or contravention;




                                                                             page 23
     Industrial Hemp Bill 2003
     Part 5          Enforcement

     s. 40



                  (d)    inspect any document produced, make copies of it or
                         take extracts from it, and remove it for as long as is
                         reasonably necessary to make copies or extracts;
                   (e)   take or remove for analysis or examination samples of
5                        or from, or specimens of, any plant to determine --
                            (i) the tetrahydrocannabinol content of the plant;
                           (ii) the variety or cultivar and the genetic provenance
                                 of the plant; or
                          (iii) whether the plant has been cultivated in
10                               accordance with a licence or that its possession is
                                 in accordance with a licence;
                         or
                   (f)   submit any sample or specimen taken or removed under
                         paragraph (e) to an approved analyst or an approved
15                       botanist for analysis or examination.
           (2)   An inspector appointed under section 38(1) may not exercise
                 any powers under this Part if the inspector fails, on request, to
                 produce his or her identity card for inspection by a person in
                 respect of whom the inspector is about to exercise a power
20               under this Part.

     40.         Powers of approved analyst or botanist
                 An approved analyst or botanist may for the purposes of this
                 Act analyse or examine any sample or specimen taken or
                 removed under this Act.

25   41.         Requirement to notify Commissioner
                 If the Registrar or an inspector, other than a police officer,
                 suspects that the cultivation or possession of a plant is not
                 authorised under this Act, the Registrar or inspector is to notify
                 the Commissioner of that suspicion.




     page 24
                                                  Industrial Hemp Bill 2003
                                               Enforcement           Part 5

                                                                        s. 42



    42.   Inspector may possess cannabis for purposes of this Act
          An inspector is authorised to have cannabis in his or her
          possession in the exercise or performance of any power,
          function or duty conferred on the inspector by this Act.

5   43.   Inspector's powers additional to other powers
          The powers of an inspector under this Part are in addition to,
          and do not limit, any powers that the inspector has under any
          other written law.




                                                                      page 25
     Industrial Hemp Bill 2003
     Part 6          Miscellaneous

     s. 44



                             Part 6 -- Miscellaneous
     44.         Term used in this Part
                 In this Part, unless the contrary appears --
                 "departmental officer" means a public service officer (as
5                     defined in section 3(1) of the Public Sector Management
                      Act 1994) in the department that principally assists the
                      Minister with the administration of this Act.

     45.         Registrar
                 The Minister, by notice in the Gazette, is to designate a
10               departmental officer as the Registrar for the purposes of this
                 Act.

     46.         Delegation by Registrar
           (1)   The Registrar may delegate to a departmental officer any power
                 or duty of the Registrar under another provision of this Act.
15         (2)   The delegation must be in writing signed by the Registrar.
           (3)   A person to whom a power or duty is delegated under this
                 section cannot delegate that power or duty.
           (4)   A person exercising or performing a power or duty that has been
                 delegated to the person under this section is to be taken to do so
20               in accordance with the terms of the delegation unless the
                 contrary is shown.
           (5)   Nothing in this section limits the ability of the Registrar to
                 perform a function through an officer or agent.

     47.         Delegation by the Commissioner
25         (1)   The Commissioner may delegate to a police officer who has the
                 rank of Superintendent or a higher rank the duty of the
                 Commissioner under section 6 to inquire into and report to the
                 Registrar on matters relating to applications.


     page 26
                                                         Industrial Hemp Bill 2003
                                                     Miscellaneous          Part 6

                                                                              s. 48



           (2)   The delegation must be in writing signed by the Commissioner.
           (3)   A person to whom the duty is delegated under this section
                 cannot delegate that duty.
           (4)   A person performing the duty that has been delegated to the
5                person under this section is to be taken to do so in accordance
                 with the terms of the delegation unless the contrary is shown.
           (5)   Nothing in this section limits the ability of the Commissioner to
                 perform the duty through an officer or agent.

     48.         Regulations
10         (1)   The Governor may make regulations prescribing all matters that
                 are required or permitted by this Act to be prescribed, or are
                 necessary or convenient to be prescribed for giving effect to the
                 purposes of this Act.
           (2)   Without limiting subsection (1), regulations may be made
15               that --
                   (a) prescribe fees for applications, renewals and transfers
                        under this Act;
                   (b) provide for the imposition and recovery of fees and
                        charges in respect of --
20                         (i) the inspection, supervision, surveillance and
                                sampling by inspectors of plants cultivated or
                                possessed under a licence for the purposes of
                                ensuring compliance with the conditions of the
                                licence; and
25                        (ii) the analysis or examination of samples or
                                specimens of plants taken under this Act;
                   (c) prescribe the amount of any fee or charge referred to in
                        paragraph (b) or authorise the determination of that
                        amount by the Registrar;




                                                                           page 27
     Industrial Hemp Bill 2003
     Part 6          Miscellaneous

     s. 48



                (d)    provide for the establishment and maintenance of a
                       register of --
                          (i) crops cultivated under a licence;
                         (ii) premises where industrial hemp is stored or
5                              processed; and
                        (iii) premises where industrial hemp seed is stored;
                 (e)   provide for the procedure to be followed in and in
                       relation to the taking, packaging and labelling of
                       samples of plants taken under this Act;
10               (f)   provide for the procedure to be followed in and in
                       relation to --
                          (i) any analysis or examination under this Act; and
                         (ii) the admissibility and receipt of evidence relating
                               to any thing obtained or received for an analysis
15                             or examination referred to in subparagraph (i);
                (g)    provide for the manner in which any thing is to be
                       conveyed to and analysed or examined by an approved
                       analyst, approved botanist or other expert;
                (h)    provide for the circumstances and manner in which a
20                     person may, on payment of the prescribed fee, be given
                       information in the register; and
                 (i)   prescribe measures to be taken by a licence holder to
                       ensure the security of industrial hemp seed and crops of
                       industrial hemp or harvested plants cultivated in
25                     accordance with a licence.
        (3)    If the regulations authorise a determination of the kind referred
               to in subsection (2)(c) the amount is to be determined by
               reference to the reasonable costs of providing the service to
               which the fee or charge relates.




     page 28
                                                     Industrial Hemp Bill 2003
      Consequential amendments to the Misuse of Drugs Act 1981          Part 7

                                                                             s. 49



      Part 7 -- Consequential amendments to the Misuse of
                       Drugs Act 1981
     49.         The Act amended
                 The amendments in this Part are to the Misuse of Drugs
5                Act 1981*.
                 [* Reprinted as at 11 January 2002.
                    For subsequent amendments see Act No. 9 of 2003.]

     50.         Section 3 amended
                 Section 3(1) is amended by inserting the following definitions in
10               the appropriate alphabetical positions --
                 "
                       "industrial hemp" has the meaning given to that term
                           in section 3(1) of the Industrial Hemp Act 2003;
                       "industrial hemp seed" has the meaning given to
15                         that term in section 3(1) of the Industrial Hemp
                           Act 2003;
                       "processed industrial hemp" means any product
                           made from industrial hemp or industrial hemp seed
                           that --
20                         (a) does not contain more than 0.35% of
                                  tetrahydrocannabinol;
                           (b) does not contain viable whole cannabis seed;
                                  and
                           (c) is not manufactured in a form to be inhaled;
25                                                                              ".

     51.         Section 4 amended
           (1)   Section 4(1) is amended by deleting "The" and inserting
                 instead --
                 "   Subject to subsection (4), the   ".


                                                                           page 29
     Industrial Hemp Bill 2003
     Part 7          Consequential amendments to the Misuse of Drugs Act 1981

     s. 52



           (2)       After section 4(3) the following subsection is inserted --
                 "
                     (4)   This Act does not apply to processed industrial hemp.
                                                                                         ".

5    52.             Section 6 amended
                     Section 6(2)(a) is amended by inserting after "Poisons
                     Act 1964" --
                     " or the Industrial Hemp Act 2003 ".

     53.             Section 7 amended
10                   Section 7(2) is amended by inserting after "Poisons
                     Act 1964" --
                     " or the Industrial Hemp Act 2003 ".

     54.             Section 8A inserted
                     After section 8 the following section is inserted in Part II --
15   "
             8A.           Defences relating to industrial hemp or industrial
                           hemp seed
                     (1)   In proceedings against --
                             (a)   a person who may process industrial hemp
20                                 under a licence granted under the Industrial
                                   Hemp Act 2003; or
                            (b)    an employee, agent or contractor of a person
                                   referred to in paragraph (a),
                           for an offence against section 5(1)(a)(i) involving the
25                         manufacture or preparation of a prohibited drug or
                           prohibited plant for use, it is a defence for the person to
                           prove that the prohibited drug or prohibited plant is
                           industrial hemp or industrial hemp seed.



     page 30
                                                    Industrial Hemp Bill 2003
     Consequential amendments to the Misuse of Drugs Act 1981          Part 7

                                                                             s. 54



            (2)   In proceedings against --
                    (a) a person who may cultivate, harvest or process
                         industrial hemp under a licence granted under
                         the Industrial Hemp Act 2003; or
5                   (b) an employee, agent or contractor of a person
                         referred to in paragraph (a),
                  for an offence against section 5(1)(a)(ii) involving the
                  manufacture, preparation, sale, supply or use of a
                  prohibited drug or prohibited plant, it is a defence for
10                the person to prove that the prohibited drug or
                  prohibited plant is industrial hemp or industrial hemp
                  seed.
            (3)   In proceedings against --
                    (a)   a person who may cultivate, harvest or process
15                        industrial hemp under a licence granted under
                          the Industrial Hemp Act 2003; or
                    (b)   an employee, agent or contractor of a person
                          referred to in paragraph (a),
                  for an offence against section 5(1)(c) involving being
20                knowingly concerned in the management of any
                  premises used for a purpose referred to in
                  section 5(1)(a), it is a defence for the person to prove
                  that the prohibited drug or prohibited plant is industrial
                  hemp or industrial hemp seed.
25          (4)   In proceedings against --
                    (a)   a person who may cultivate, harvest or process
                          industrial hemp under a licence granted under
                          the Industrial Hemp Act 2003; or
                    (b)   an employee, agent or contractor of a person
30                        referred to in paragraph (a),
                  for an offence against section 6(1)(a), it is a defence for
                  the person to prove that the prohibited drug is industrial
                  hemp or industrial hemp seed.

                                                                        page 31
     Industrial Hemp Bill 2003
     Part 7          Consequential amendments to the Misuse of Drugs Act 1981

     s. 54



               (5)   In proceedings against --
                       (a) a person who may process industrial hemp
                            under a licence granted under the Industrial
                            Hemp Act 2003; or
5                      (b) an employee, agent or contractor of a person
                            referred to in paragraph (a),
                     for an offence against section 6(1)(b) involving
                     manufacturing or preparing a prohibited drug, it is a
                     defence for the person to prove that the prohibited drug
10                   is industrial hemp or industrial hemp seed.
               (6)   In proceedings against --
                       (a)   a person who may cultivate, harvest or process
                             industrial hemp under a licence granted under
                             the Industrial Hemp Act 2003; or
15                    (b)    an employee, agent or contractor of a person
                             referred to in paragraph (a),
                     for an offence against section 6(1)(c) involving selling
                     or supplying, or offering to sell or supply a prohibited
                     drug to another, it is a defence for the person to prove
20                   that the prohibited drug is industrial hemp or industrial
                     hemp seed.
               (7)   In proceedings against --
                       (a) a person who may cultivate, harvest or process
                            industrial hemp under a licence granted under
25                          the Industrial Hemp Act 2003; or
                       (b) an employee, agent or contractor of a person
                            referred to in paragraph (a),
                     for an offence against section 6(2) involving possession
                     or use of a prohibited drug, it is a defence for the
30                   person to prove that the prohibited drug is industrial
                     hemp or industrial hemp seed.



     page 32
                                                    Industrial Hemp Bill 2003
     Consequential amendments to the Misuse of Drugs Act 1981          Part 7

                                                                           s. 54



            (8)   In proceedings against --
                    (a) a person who may cultivate, harvest or process
                         industrial hemp under a licence granted under
                         the Industrial Hemp Act 2003; or
5                   (b) an employee, agent or contractor of a person
                         referred to in paragraph (a),
                  for an offence against --
                    (c) section 7(1)(a) involving possessing or
                          cultivating a prohibited plant with intent to sell
10                        or supply the prohibited plant or any prohibited
                          drug obtainable therefrom to another; or
                    (d) section 7(1)(b) involving selling or supplying,
                          or offering to sell or supply, a prohibited plant
                          to another,
15                it is a defence for the person to prove that the
                  prohibited plant is industrial hemp or industrial hemp
                  seed.
            (9)   In proceedings against --
                    (a) a person who may cultivate, harvest or process
20                       industrial hemp under a licence granted under
                         the Industrial Hemp Act 2003; or
                    (b) an employee, agent or contractor of a person
                         referred to in paragraph (a),
                  for an offence against section 7(2) involving having in
25                his or her possession or cultivating a prohibited plant, it
                  is a defence for the person to prove that the prohibited
                  plant is industrial hemp or industrial hemp seed.
                                                                                ".




                                                                        page 33
     Industrial Hemp Bill 2003
     Part 8          Consequential amendment to the Poisons Act 1964

     s. 55



                 Part 8 -- Consequential amendment to the
                            Poisons Act 1964
     55.         The Act amended
           (1)   The amendment in this Part is to the Poisons Act 1964*.
5                [* Reprinted as at 22 January 1999.
                    For subsequent amendments see Western Australian
                    Legislation Information Tables for 2002, Table 1, p. 300 and
                    Act No. 9 of 2003 and Gazette 10 October 2003 p. 4403-4
                    and p. 4404-5.]
10         (2)   After section 7 the following section is inserted in Part I --
     "
             7A.       Application: industrial hemp, industrial hemp seed
                       and processed industrial hemp
                       This Act does not apply to --
15                      (a) industrial hemp or industrial hemp seed as
                              defined in section 3(1) of the Industrial Hemp
                              Act 2003; or
                        (b) processed industrial hemp as defined in
                              section 3(1) of the Misuse of Drugs Act 1981.
20                                                                               ".




     page 34
                                                                           Industrial Hemp Bill 2003



                                                                                             Defined Terms




                                     Defined Terms
      [This is a list of terms defined and the provisions where they are defined.
                             The list is not part of the law.]
Defined Term                                                                                          Provision(s)
application .................................................................................................. 3(1)
approved ..................................................................................................... 3(1)
approved analyst.......................................................................................... 3(1)
approved botanist ........................................................................................ 3(1)
authorised activity ....................................................................................... 3(1)
authorised premises ..................................................................................... 3(1)
cannabis ...................................................................................................... 3(1)
Commissioner ............................................................................................. 3(1)
Department ................................................................................................. 3(1)
departmental officer ....................................................................................... 44
external serious drug offence ....................................................................... 3(1)
industrial hemp.......................................................................................3(1), 50
industrial hemp seed...............................................................................3(1), 50
inspector ..................................................................................................... 3(1)
licence......................................................................................................... 3(1)
licensee ....................................................................................................... 3(1)
plant............................................................................................................ 3(1)
premises...................................................................................................... 3(1)
process ........................................................................................................ 3(1)
processed industrial hemp............................................................................... 50
Registrar ..................................................................................................... 3(1)
relevant person ................................................................................ 10(1), 12(1)
serious drug offence .................................................................................... 3(1)
specified.....................................................................................................37(4)
transferee ...................................................................................................21(1)




 


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