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


POISONS AMENDMENT (CANNABIS FOR MEDICAL AND COMMERCIAL USES) BILL 1999

                           Western Australia



                      LEGISLATIVE COUNCIL

                       (Hon Dr Christine Sharp)


Poisons Amendment (Cannabis for Medical
     and Commercial Uses) Bill 1999
                               A Bill for


An Act to amend the Poisons Act 1964.



The Parliament of Western Australia enacts as follows:




                               20 -- 1
     Poisons Amendment (Cannabis for Medical and Commercial Uses) Bill
     1999
     Part 1       Preliminary

     s. 1


                              Part 1 -- Preliminary
     1.         Short title
                This Act may be cited as the Poisons Amendment (Cannabis for
                Medical and Commercial Uses) Act 1999.

 5   2.         Commencement
          (1)   Subject to subsection (2), this Act comes into operation on the
                day it receives the Royal Assent.
          (2)   Subject to subsection (3), sections 4, 5, 6, 7 and 8 come into
                operation on a day or days to be proclaimed.
10        (3)   If a provision referred to in subsection (2) does not come into
                operation before 1 January 2001, it comes into operation on that
                day.

     3.         Principal Act
                In this Act, the Poisons Act 1964* is referred to as the principal
15              Act.
                [* Act No 70 of 1964.
                   For subsequent amendments, see 1997 Index to Legislation of
                   Western Australia, pp.181 and 182.]




     page 2
          Poisons Amendment (Cannabis for Medical and Commercial Uses) Bill
                                                                     1999
                        Permits for cannabis medical treatment      Part 2

                                                                           s. 4


          Part 2 -- Permits for cannabis medical treatment
     4.        Part IV -- New Division 2
               The principal Act is amended by inserting after section 45 the
               following new Division --
 5   "
                     Division 2 -- Cannabis medical treatment
            45A.     Interpretation
               (1)   In this Division --
                     "appropriate medical practitioner" includes a
10                        medical practitioner who makes a recommendation
                          in accordance with section 45B;
                     "appropriate person" includes the holder of a
                          cannabis medical treatment permit;
                     "cannabis medical treatment" means the
15                        administration of cannabis for a medical condition
                          and includes palliative care;
                     "cannabis medical treatment permit" means a
                          permit issued by the Commissioner of Health
                          under this Division;
20                   "permit" means a cannabis medical treatment permit;
                     "permit holder" means the person in whose name a
                          permit is issued under this Division;
                     "primary caregiver" in relation to a patient, means
                          the person, nominated by the patient, who
25                        regularly assumes responsibility for the housing,
                          health or safety of the patient; and




                                                                         page 3
     Poisons Amendment (Cannabis for Medical and Commercial Uses) Bill
     1999
     Part 2       Permits for cannabis medical treatment

     s. 4


                    "palliative care" includes treatment for the relief of
                        pain, suffering and discomfort in relation to the
                        patient's medical condition.

            45B.    Medical practitioner may recommend permit
 5            (1)   Where a medical practitioner in the lawful practice of
                    his or her profession is satisfied that a patient requires
                    cannabis medical treatment for a current medical
                    condition the medical practitioner may, provided the
                    patient so consents, make a recommendation to the
10                  Commissioner of Health for the issue of a cannabis
                    medical treatment permit.
              (2)   A recommendation under subsection (1) must be in
                    writing and must --
                     (a) state the name and address of --
15                            (i) the patient; and
                             (ii) the primary caregiver, if any;
                     (b)      (i) identify the current medical condition of
                                  the patient for which cannabis medical
                                  treatment is recommended; and
20                           (ii) recommend the amount of cannabis
                                  required to treat the medical condition;
                                  and
                     (c) provide any other information --
                              (i) which the Commissioner of Health so
25                                requests; or
                             (ii) which is prescribed by regulation.

            45C.    Commissioner of Health may issue permit
              (1)   On receiving a recommendation made under
                    section 45B the Commissioner of Health may cause to

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     Poisons Amendment (Cannabis for Medical and Commercial Uses) Bill
                                                                1999
                   Permits for cannabis medical treatment      Part 2

                                                                        s. 4


                be carried out any inquiries that he or she considers
                necessary to properly determine the recommendation
                and for this purpose may refer the recommendation to
                the Advisory Committee.
 5        (2)   After considering a recommendation and any inquiry
                under subsection (1) the Commissioner of Health may
                issue a cannabis medical treatment permit to the patient
                or primary caregiver named in the recommendation
                subject to --
10                 (i) such terms, conditions, limitations and
                        restrictions which the Commissioner of Health
                        may in his or her discretion impose; and
                  (ii) such conditions as may be prescribed.
          (3)   Where the Commissioner of Health issues a permit
15              under this section he or she must ensure the lawful
                availability of cannabis to the permit holder by doing
                all things necessary under this Act including but not
                limited to --
                  (a) issuing any appropriate authorization to any
20                       appropriate medical practitioner under
                         section 23 (2)(d);
                  (b) issuing any appropriate licence to any
                         appropriate person under section 41A including
                         a licence to cultivate two cannabis plants; and
25                (c) exempting any person under section 50 (3).




                                                                     page 5
     Poisons Amendment (Cannabis for Medical and Commercial Uses) Bill
     1999
     Part 2       Permits for cannabis medical treatment

     s. 5


            45D.    Effect of permit
              (1)   Notwithstanding any other provision of this Act, or any
                    other Act, a permit holder of a current permit issued
                    under this Division may --
 5                    (a) where the permit holder is the patient the
                            subject of the cannabis treatment, possess and
                            use cannabis;
                      (b) where the permit holder is the primary
                            caregiver, possess and supply cannabis to such
10                          patient,
                    provided that the permit holder complies with this Act
                    and the terms, conditions, limitations and restrictions to
                    which the permit is subject.
              (2)   A permit holder who fails to comply with any term,
15                  condition, limitation or restriction to which the permit
                    is subject commits an offence.
                    Penalty: Penalty: $20 000 or 12 months imprisonment
                            or both
                                                                                 ".

20   5.       Consequential amendments
              The principal Act is amended --
               (a) in paragraph (i) of section 20 (2), by inserting after
                     "experimental" wherever occurring the following --
                     " , medical ";
25             (b) in section 41 (1), by inserting after "experimental" the
                     following --
                     " , medical "; and




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     Poisons Amendment (Cannabis for Medical and Commercial Uses) Bill
                                                                1999
                   Permits for cannabis medical treatment      Part 2

                                                                           s. 5


            (c)    in section 59 --
                      (i) by inserting after the designation "59." the
                           following new sub-designation --
                           " (1) "; and
 5                   (ii) by inserting after the end of the section the
                           following new subsection --
       "
           (2)    This section does not apply to --
                    (i) any person issued with a permit under
10                        Division 2 of Part IV; or
                   (ii) any person referred to in subparagraph (i) who
                          is issued with a licence by virtue of the
                          operation of section 45C (3)(b).
                                                                              ".




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     Poisons Amendment (Cannabis for Medical and Commercial Uses) Bill
     1999
     Part 3       Authorities to grow and process low-THC cannabis for
                  commercial purposes

     s. 6


          Part 3 -- Authorities to grow and process low-THC
                  cannabis for commercial purposes
     6.       New section 5A -- exempt products
              The principal Act is amended by inserting after section 5 the
 5            following new section --
     "
            5A.     Act does not apply to certain processed products
              (1)   This Act does not apply to --
                     (a) a processed fibre product made from cannabis
10                         if the product --
                              (i) does not contain more than 0.1 per cent
                                   of tetrahydrocannabinol;
                             (ii) does not contain whole cannabis seeds;
                                   and
15                          (iii) is in a form not suitable for ingestion,
                                   smoking or inhaling; or
                     (b) a processed product made from cannabis seeds
                           if the product --
                              (i) does not contain more than 0.001 per
20                                 cent of tetrahydrocannabinol; and
                             (ii) does not contain whole cannabis seeds.
              (2)   In this section --
                    "cannabis" means a plant or any part of a plant of the
                         genus Cannabis L, whether fresh or dried;




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                                                                     1999
             Authorities to grow and process low-THC cannabis for   Part 3
                                              commercial purposes

                                                                               s. 7

                      "processed" means treated by natural retting,
                          mechanical, chemical or other artificial means but
                          does not include --
                          (a) harvesting; or
 5                        (b) the natural process of decay.
                                                                                 ".

     7.        New Part IVA -- Authorities for low-THC cannabis
               The principal Act is amended by inserting after Part IV the
               following new Part --
10   "
             Part IVA -- Authorities for low-THC cannabis
                   Division 1 --Authorities for low-THC cannabis
            45E.      Interpretation
                      In this Part --
15                    "authority" means an authority issued under
                          section 45I;
                      "cannabis" means a plant or any part of a plant of the
                          genus Cannabis L, whether fresh or dried;
                      "identification certificate" means a certificate issued
20                        by the Minister under section 45Q (4);
                      "inspector" means --
                          (a) a person authorized as an inspector under
                                section 45Q; or
                          (b) a member of the police force;
25                    "low-THC cannabis" means cannabis, the leaves and
                          flowering heads of which do not contain more than
                          0.35 per cent of tetrahydrocannabinol;

                                                                         page 9
     Poisons Amendment (Cannabis for Medical and Commercial Uses) Bill
     1999
     Part 3       Authorities to grow and process low-THC cannabis for
                  commercial purposes

     s. 7

                     "Minister" means the Minister for Agriculture as
                         referred to in section 8 (3)(d);
                     "serious conviction" has the meaning given to it by
                         section 9 of the Spent Convictions Act 1988; and
 5                   "serious offence" means an indictable offence in
                         relation to the commission of which a serious
                         conviction is recorded;
                     "therapeutic use" in relation to cannabis means use in
                         or in connection with --
10                       (a) the preventing, diagnosing, curing or
                                alleviating of a disease, ailment, defect or
                                injury in human beings or animals;
                         (b) influencing, inhibiting, or modifying of a
                                physiological process in human beings or
15                              animals; or
                         (c) the testing of the susceptibility of human
                                beings or animals to a disease or ailment.

            45F.     Application for authority to cultivate and process
                     low-THC cannabis
20             (1)   A person may apply to the Minister for an authority
                     authorising that person, for commercial purposes
                     relating to non-therapeutic use --
                       (a) to possess, process, sell or supply cannabis seed
                             which has been harvested from low-THC
25                           cannabis;
                       (b) to cultivate and possess cannabis from seed
                             which has been harvested from low-THC
                             cannabis; or




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                                                                1999
        Authorities to grow and process low-THC cannabis for   Part 3
                                         commercial purposes

                                                                       s. 7

                 (c)   to possess, process, sell or supply cannabis
                       which --
                          (i) is substantially free of leaves and
                              flowering heads; and
 5                       (ii) does not contain tetrahydro- cannabinol
                              in excess of 0.1 per cent.
          (2)   An application under subsection (1) must --
                 (a)   be in writing; and
                 (b)   be accompanied by the prescribed application
10                     fee.
          (3)   An application under subsection (1) must contain or be
                accompanied by evidence to the satisfaction of the
                Minister that --
                  (a) the applicant is a fit and proper person to be
15                     given an authority; and
                  (b) the applicant intends to undertake bona fide
                       commercial activity relating to the
                       non-therapeutic use of cannabis under the
                       authority including evidence of the commercial
20                     activity to be carried out.
          (4)   An applicant must provide any other information about
                the applicant or the application which the Minister
                reasonably requires.

       45G.     Minister must investigate application
25        (1)   On receiving an application under section 45F, the
                Minister must cause to be carried out all investigations
                and inquiries that the Minister considers necessary to
                properly determine the application.


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     Part 3       Authorities to grow and process low-THC cannabis for
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     s. 7

               (2)   The Minister may refer a copy of an application and
                     any supporting documentation to the Commissioner of
                     Police.
               (3)   The Commissioner of Police must inquire into and
 5                   report to the Minister on any matters concerning the
                     application that the Minister requests.

            45H.     Matters to be considered in determining
                     applications
               (1)   In order to prevent criminal activity in the cultivation
10                   and processing of low-THC cannabis, the Minister
                     must not issue an authority to an applicant unless the
                     Minister is satisfied that --
                       (a) the applicant, or any associate of the applicant,
                             has within the 10 years preceding the
15                           application not been found guilty of a serious
                             offence; and
                       (b) the applicant, and each associate of the
                             applicant, is a suitable person to be concerned
                             in or associated with the cultivation,
20                           processing, sale or supply of low-THC
                             cannabis; and
                       (c) the applicant's property or premises will be
                             suitable for the cultivation, processing, sale or
                             supply of low-THC cannabis in relation to
25                           location, facilities and proposed security
                             arrangements.
               (2)   In particular, the Minister may consider whether --
                       (a)   the applicant, and each associate of the
                             applicant, is of good repute, having regard to
30                           character, honesty and integrity;


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                                                                1999
        Authorities to grow and process low-THC cannabis for   Part 3
                                         commercial purposes

                                                                          s. 7

                 (b)    in the case of an applicant that is not a natural
                        person, the applicant has a satisfactory
                        ownership, trust or corporate structure;
                  (c)   the applicant is of sound and stable financial
 5                      background;
                 (d)    the applicant has any business association with
                        any person or body who or which, in the
                        opinion of the Minister, is not of good repute,
                        having regard to character, honesty and
10                      integrity;
                  (e)   each director, partner, trustee, executive officer
                        and secretary and any other person determined
                        by the Minister to be associated or connected
                        with the ownership, administration or
15                      management of the operations or business of
                        the applicant is a suitable person to act in that
                        capacity.
          (3)   For the purposes of this section, a person is an
                associate of an applicant for an authority if the
20              person --
                  (a) holds or will hold any relevant financial
                        interest, or is or will be entitled to exercise any
                        relevant power (whether in right of the person
                        or on behalf of any other person) in the
25                      business of the applicant to which the authority
                        relates, and by virtue of that interest or power,
                        is able or will be able to exercise a significant
                        influence over or with respect to the
                        management or operation of the business to
30                      which the authority relates; or




                                                                       page 13
     Poisons Amendment (Cannabis for Medical and Commercial Uses) Bill
     1999
     Part 3       Authorities to grow and process low-THC cannabis for
                  commercial purposes

     s. 7

                      (b)   holds or will hold any relevant position,
                            whether in right of the person or on behalf of
                            any other person in the business of the
                            applicant to which the authority relates.
 5             (4)   In subsection (3) --
                     "relevant financial interest", in relation to a business,
                          means --
                          (a) any share in the capital of the business; or
                          (b) any entitlement to receive any income
10                              derived from the business;
                     "relevant position", in relation to a business, means
                          the position of director, manager or other
                          executive position or secretary, however that
                          position is designated; and
15                   "relevant power" means any power, whether
                          exercisable by voting or otherwise and whether
                          exercisable alone or in association with others --
                          (a) to participate in any directorial, managerial
                                or executive decision; or
20                        (b) to elect or appoint any person to any relevant
                                position.

            45I.     Determination of applications
               (1)   After considering an application and any investigation
                     under section 45G, the Minister must determine an
25                   application by --
                       (a) issuing an authority; or
                       (b) refusing to issue an authority.
               (2)   The Minister must notify the applicant in writing of the
                     decision under subsection (1).

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        Authorities to grow and process low-THC cannabis for   Part 3
                                         commercial purposes

                                                                          s. 7

       45J.     Terms and conditions of authorities
          (1)   An authority is issued for the term, not exceeding
                5 years, specified in the authority unless it is sooner
                suspended or cancelled.
 5        (2)   An authority relates only to the premises or site
                described in it.
          (3)   An authority is subject to the terms, conditions,
                limitations and restrictions specified in it including, but
                not limited to, terms, conditions, limitations and
10              restrictions relating to --
                  (a) the premises or site at which the activities
                         authorized by the authority may be carried out;
                  (b) the source of seed for sowing, including the
                         authentication of the varietal identity and
15                       tetrahydrocannabinol content of the crop from
                         which the seed was harvested;
                  (c) the keeping of records and other documents;
                  (d) the provision of information, records and other
                         documents to the Minister relating to --
20                          (i) the activities carried out under the
                                 authority;
                           (ii) a change in the position of director,
                                 manager, secretary or other executive
                                 position, however designated or the
25                               structure of the business to which the
                                 authority relates; or
                          (iii) any other matter that the Minister
                                 reasonably requires;
                  (e) the disposal of harvested material and crop
30                       residue; and

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     Part 3       Authorities to grow and process low-THC cannabis for
                  commercial purposes

     s. 7

                       (f)   inspection, supervision and surveillance of
                             seed, plants, crops, harvested material and
                             products by inspectors.

            45K.     Renewal of authorities
 5             (1)   An application for renewal of an authority --
                      (a) may be made up to one month before the expiry
                            of the current authority; and
                      (b) must be in writing and accompanied by the
                            prescribed fee.
10             (2)   On receiving an application under subsection (1), the
                     Minister, in the Minister's discretion, may renew the
                     authority.
               (3)   A renewed authority lasts for the same period as the
                     previous authority.

15          45L.     Authority not transferable
                     An authority is not transferable to another person.

            45M.     Amendment of authorities
               (1)   The Minister may, in the Minister's discretion --
                      (a) amend any terms, conditions, limitations or
20                         restrictions to which the authority is subject; or
                      (b) impose new terms, conditions, limitations or
                           restrictions on an authority.

            45N.     Suspension or cancellation
               (1)   The Minister may, by notice in writing to the holder of
25                   an authority, suspend or cancel an authority if --
                       (a) the holder requests suspension or cancellation;

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                                         commercial purposes

                                                                      s. 7

                 (b)   the holder has not complied with the terms,
                       conditions, limitations or restrictions of the
                       authority;
                 (c)   the holder has failed to comply with this Act or
 5                     regulations;
                 (d)   the Minister is satisfied that the holder --
                          (i) is no longer a fit and proper person to
                               hold the authority; or
                         (ii) obtained the authority by fraud,
10                             misrepresentation or concealment of
                               facts; or
                 (e)   the holder ceases to carry on the commercial
                       activity to which the authority relates.
          (2)   Where an authority is suspended or cancelled under
15              subsection (1), it ceases to be of effect and any
                document issued to the former holder must be
                surrendered to the Minister on demand.

       45O.     Appeal to Supreme Court
          (1)   A person may apply to the Supreme Court for a review
20              of a decision by the Minister --
                  (a) to refuse to issue an authority to that person;
                  (b) to refuse to renew an authority held by that
                        person; or
                  (c) to suspend, cancel or amend an authority held
25                      by that person.




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                  commercial purposes

     s. 7

               (2)   An appeal by a person under this section must be
                     instituted --
                       (a) within 28 days after the day on which a
                              document setting out the terms of the decision
 5                            of the Minister is furnished to the person or
                              within such further time as the Supreme Court
                              (whether before or after the expiration of that
                              day) allows; and
                       (b) subject to and in accordance with the rules of
10                            the Supreme Court.
               (3)   The Supreme Court shall hear and determine the appeal
                     and may make such orders as it thinks appropriate by
                     reason of its decision including, without limiting by
                     implication the generality of the foregoing --
15                     (a) an order affirming, varying or setting aside the
                            decision of the Minister; and
                       (b) an order remitting the matter to be decided
                            again, either with or without further
                            information, by the Minister in accordance with
20                          the directions of the Supreme Court.

            45P.     Offence to fail to comply with authority
                     A person who is the holder of an authority under this
                     Part must comply with the terms, conditions,
                     limitations or restrictions to which the authority is
25                   subject.
                     Penalty: Penalty: $20 000 or 12 months imprisonment
                             or both




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        Authorities to grow and process low-THC cannabis for   Part 3
                                         commercial purposes

                                                                          s. 7


                Division 2 -- Inspection and enforcement
       45Q.     Inspectors under this Part
          (1)   The Minister, by instrument, may authorize the
                following persons to be inspectors for the purposes of
 5              all or any of the provisions of this Part --
                  (a) any person holding a position under the Public
                         Sector Management Act 1994; or
                  (b) any other appropriately qualified person.
          (2)   The Minister may --
10                (a)   determine the terms and conditions of
                        authorization of inspectors; and
                 (b)    in writing, revoke the authorization of an
                        inspector at any time.
          (3)   The terms and conditions of authorization may contain
15              general directions as to how the inspector's powers
                may be exercised.
          (4)   The Minister must issue an identification certifcate to
                each inspector (other than an inspector who is a
                member of the police force) which sets out the
20              provisions of this Part for which the inspector is
                authorized to be an inspector.
          (5)   An inspector, in the course of performing his or her
                functions under this Part, must produce his or her
                identification certificate to any person who requests its
25              production.
          (6)   In this Division, a reference to an identification
                certificate in relation to an inspector who is a member



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                  commercial purposes

     s. 7

                     of the police force is a reference to written evidence of
                     the fact that he or she is a member of the police force.

            45R.     General powers of inspectors
               (1)   For the purposes of determining compliance with this
 5                   Part or an authority, an inspector may, with such
                     assistance as he or she thinks necessary, at any
                     reasonable time --
                       (a) enter and inspect any place, other than premises
                             used as a residence, occupied by any person
10                           who is the holder of an authority;
                       (b) inspect, count, examine or mark for
                             identification any product, plant or crop in the
                             place;
                       (c) require a person to produce any document that
15                           the inspector reasonably requires for
                             ascertaining whether this Part or an authority is
                             being complied with and --
                                (i) examine the document;
                               (ii) make copies of it or take extracts from
20                                   it; and
                              (iii) remove the document for as long as is
                                     reasonably necessary to make copies or
                                     extracts;
                       (d) take or remove for examination samples of or
25                           from, or specimens of, any plant of a crop or
                             product to determine --
                                (i) the tetrahydrocannabinol content of any
                                     plant, crop or product; and
                               (ii) that the plant, crop or product has been
30                                   cultivated or processed in accordance

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                                                                1999
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                                                                          s. 7

                                with the authority or that its possession
                                is in accordance with the authority; and
                  (e)   submit any sample or specimen taken in
                        accordance with this Part to a laboratory or
 5                      place approved by the Minister for examination
                        and testing.
          (2)   An inspector may not exercise any powers under this
                Part where the inspector fails, on request, to produce
                his or her identification certificate for inspection by the
10              occupier of the place or the person in charge or
                apparent control of the place.

       45S.     Inspector may order harvest or treatment
          (1)   Where an inspector is satisfied on reasonable grounds
                that any plant or crop contravenes this Part or an
15              authority, the inspector may order the harvest of the
                plant or crop and the treatment of that harvested
                material.
          (2)   An order under subsection (1) must --
                 (a) be in writing;
20               (b) include a statement for the reasons for ordering
                       the harvest and treatment; and
                 (c) be given to the holder of the authority.
          (3)   In this section --
                "treatment" means the taking or causing to be taken
25                  such action, measure or procedure as is prescribed
                    by regulation.




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     s. 7

            45T.     Inspector has power to detain or seize
                     Where an inspector believes, on reasonable grounds,
                     that any plant, crop or product contravenes this Part or
                     an authority, the inspector may detain or seize the
 5                   plant, crop or product and deal with it in accordance
                     with section 45U.

            45U.     Procedure where inspector detains or seizes plants,
                     crops or products
               (1)   Where an inspector detains or seizes any plant, crop or
10                   product, the inspector must immediately --
                       (a) give notice in writing of the detention or
                            seizure including a statement of the reasons for
                            detaining or seizing the plant, crop or product
                            to the holder of the authority; and
15                     (b) take or send to a laboratory or place approved
                            by the Minister for examination and testing, the
                            plant, crop or product or a sample of the plant,
                            crop or product.
               (2)   A person must not remove the whole or any part of a
20                   plant, crop or product detained or seized while the
                     detention or seizure notice remains in force, except on
                     the written authority or written direction of an
                     inspector or the Minister.
                     Penalty: $10 000 or six months imprisonment or both




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                                                                      s. 7

          (3)   Where the results of the examination or test of the
                samples taken or sent in accordance with
                subsection 1(b) show that the plant, crop or product --
                  (a) was not in contravention of this Part or the
 5                     authority, the inspector must immediately
                       release or return the plant, crop or product to
                       the holder of the authority; or
                  (b) was in contravention of this Part or the
                       authority, the inspector must --
10                        (i) inform the holder of the authority or the
                               person in whose possession the plant,
                               crop or product was found (as the case
                               may be) in writing of the results; and
                         (ii) arrange for or order the harvest, disposal
15                             or destruction of the plant, crop or
                               product.
          (4)   Where an arrangement or order is made for the disposal
                or destruction of a plant, crop or product under
                subsection 3(b)(ii), the inspector must give notice of
20              that arrangement or order before that disposal or
                destruction takes place.
          (5)   A notice under subsection (4) must --
                 (a)   be in writing;
                 (b)   include a statement of the reasons for arranging
25                     or ordering the disposal or destruction;
                 (c)   fix a time for the disposal or destruction; and
                 (d)   be given to the holder of the authority.
          (6)   Nothing in this section limits the power of a member of
                the police force to take legal proceedings in respect of


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     1999
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     s. 7

                     any plant, crop or product found not to comply with
                     this Part or an authority.

            45V.     Appeal to Minister where disposal or destruction
                     ordered
 5             (1)   Within 48 hours of receiving notice under section
                     45W(4), the holder of an authority may lodge an appeal
                     in writing against the disposal or destruction with the
                     Minister.
               (2)   Within 3 business days after an appeal is lodged under
10                   subsection (1), the Minister must determine the appeal
                     by --
                       (a) cancelling the arrangement or order made by
                            the inspector under section 45U; or
                       (b) confirming the arrangement or order made by
15                          the inspector under section 45U.
               (3)   The Minister must notify the holder of the authority in
                     writing of the determination made under
                     subsection (2).

            45W.     Offences in relation to inspector's exercise of power
20             (1)   A person must not, without reasonable excuse, hinder
                     or obstruct an inspector in the exercise of a power
                     under this Part.
                     Penalty: Penalty: $20 000 or 12 months imprisonment
                             or both




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                                                                1999
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                                         commercial purposes

                                                                      s. 7

          (2)   A person must not, without reasonable excuse, fail to
                comply with the lawful direction, requirement or order
                of an inspector.
                Penalty: Penalty: $20 000 or 12 months imprisonment
 5                      or both

       45X.     Inspector may possess cannabis for purposes of this
                Part
                An inspector is authorized to have cannabis in his or
                her possession in the exercise or performance of any
10              power, function or duty conferred on him or her by this
                Part or the regulations made under this Part.

                Division 3 -- Regulations under this Part
       45Y.     Regulations
          (1)   The Governor may make regulations for or with
15              respect to --
                  (a) fees for applications and renewals for the
                        purposes of this Part;
                  (b) authorizing and requiring inspectors to impose
                        fees and charges of such amounts or rates as are
20                      prescribed or determined in the manner
                        prescribed for --
                          (i) sampling and testing cannabis plants
                               and crops grown or products produced
                               in accordance with this Part as required
25                             under an authority or to determine the
                               tetrahydrocannabinol content of those
                               plants, crops or products;




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     1999
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     s. 7

                              (ii)  supervising the harvesting, disposal or
                                    destruction of cannabis plants, crops or
                                    products;
                             (iii) carrying out inspections, supervision or
 5                                  surveillance of cannabis plants or crops
                                    grown or products produced in
                                    accordance with this Part to ensure the
                                    terms, conditions, limitations and
                                    restrictions of an authority are being
10                                  complied with;
                             (iv) providing any other service in respect of
                                    cannabis plants or crops grown or
                                    products produced in accordance with
                                    this Part;
15                    (c)   generally prescribing any other matter or thing
                            required or permitted by this Part to be
                            prescribed or necessary to be prescribed to give
                            effect to this Part.
               (2)   Regulations made under this Part may --
20                    (a) be of general or limited application;
                      (b) differ according to differences in time, place or
                            circumstance;
                      (c) provide for different fees for different activities
                            or classes of activity or different cases or
25                          classes of cases;
                      (d) provide for specific, minimum or maximum or
                            minimum and maximum fees;
                      (e) provide for the waiver or reduction of fees;




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                                                                     1999
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                                              commercial purposes

                                                                                       s. 8

                       (f)         in the case of applications for the issue or
                                   renewal of authorities, specify fees that reflect
                                   the cost of administration of, and the provision
                                   of inspection and other services in connection
 5                                 with this Part; and
                       (g)         leave any matter to be approved or determined
                                   by the Minister or an inspector.
                                                                                         ".

     8.        Consequential amendments
10             The principal Act is amended --
                (a) in section 59, by inserting after "or permits under this
                      Act" the following --
                      " except authorities issued under Part IVA ";
                (b) in paragraph (b) of section 61 --
15                      (i) in subparagraph (v) by inserting after "Act" the
                              following --
                        "
                                    except an authority issued under Part IVA
                                                                                    ";
20                      (ii)        by inserting after subparagraph (v) the following
                                    new subparagraph --
                               "
                                   (vi)   in the case of a person who holds an
                                          authority issued under Part IVA, by the
25                                        Minister of Agriculture.
                                                                                         ".
                 (c)   in section 63, by inserting after "authorized officer"
                       wherever occurring the following --
                       " or inspector "; and

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     s. 8

               (d)   in section 61A --
                        (i) by inserting before "production of a certificate"
                             the following designation --
                             " (a) "; and
 5                     (ii) by deleting the full stop after "stated in the
                             certificate" and inserting the following --
                     "
                           ; and
                     (b)   a certificate that any person is or is not or was
10                         or was not on a certain date for a certain period
                           a holder of an authority under Part IVA, if
                           purporting to be signed by the Minister of
                           Agriculture, shall be prima facie evidence of
                           the facts therein stated.
15                                                                              ".




 


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