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This is a Bill, not an Act. For current law, see the Acts databases.
2022-2023
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Legalising Cannabis Bill 2023
No. , 2023
(Senator Shoebridge)
A Bill for an Act to provide for the registration of
cannabis strains, the regulation of cannabis and the
establishment of the Cannabis Australia National
Agency, and for related purposes
No. , 2023
Legalising Cannabis Bill 2023
i
Contents
Part 1--Preliminary
1
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 2
3
Simplified outline of this Act ............................................................ 2
4
Crown to be bound ............................................................................ 3
5
Extension to external Territories ....................................................... 4
6
Interaction with other laws ................................................................ 4
Part 2--Interpretation
5
7
Definitions ......................................................................................... 5
8
Meaning of
cannabis advertisement
.................................................. 7
9
Meaning of
publish a
cannabis advertisement
.................................. 7
10
Meaning of
regulated cannabis activity
............................................ 8
Part 3--Registration of cannabis strains
10
11
The Register .................................................................................... 10
12
Power to register a cannabis strain .................................................. 10
13
Application to register a cannabis strain .......................................... 10
14
Consequences of registration of a cannabis strain ........................... 11
15
Other matters relating to the Register and registration of cannabis
strains .............................................................................................. 11
Part 4--Regulation of cannabis
12
Division 1--Offences
12
16
Offence--importation of cannabis products .................................... 12
17
Offence--exportation of cannabis products .................................... 12
18
Offence--growing cannabis plants .................................................. 12
19
Offence--manufacturing cannabis products .................................... 13
20
Offence--selling cannabis products without a licence .................... 13
21
Offence--selling cannabis products to minors ................................ 14
22
Offence--allowing minors to have access to cannabis products ..... 14
23
Offence--publishing cannabis advertisements ................................ 14
24
Offence--publishing cannabis advertisements electronically ......... 15
Division 2--Other regulated conduct
18
25
Possession of cannabis products by minors ..................................... 18
26
Possession of cannabis products by other persons ........................... 18
Division 3--Licences
19
27
Applications for licences ................................................................. 19
28
Agency may issue licences .............................................................. 19
ii
Legalising Cannabis Bill 2023
No. , 2023
29
Conditions of licences--general ...................................................... 20
30
Conditions of licences--operating a Cannabis Café ........................ 21
31
Other matters relating to licences .................................................... 22
Division 4--Labelling, packaging and storage requirements
23
32
Labelling, packaging and storage requirements for cannabis products
......................................................................................................... 23
Part 5--Cannabis Australia National Agency
24
Division 1--Agency's establishment, functions, powers and liabilities
24
33
Cannabis Australia National Agency ............................................... 24
34
Constitution of the Agency .............................................................. 24
35
Functions of the Agency .................................................................. 24
36
Powers of the Agency ...................................................................... 25
37
Agency has privileges and immunities of the Crown ...................... 25
Division 2--Chief Executive Officer
26
38
Chief Executive Officer ................................................................... 26
39
Functions of the CEO ...................................................................... 26
40
Appointment of CEO ....................................................................... 26
41
Acting appointments ........................................................................ 26
42
Remuneration .................................................................................. 27
43
Leave ............................................................................................... 27
44
Engaging in other paid work............................................................ 27
45
Resignation ...................................................................................... 27
46
Termination of appointment ............................................................ 27
47
Other terms and conditions .............................................................. 28
Division 3--Staff of the Agency etc.
29
48
Staff ................................................................................................. 29
49
Persons assisting the Agency ........................................................... 29
50
Consultants ...................................................................................... 29
Part 6--Miscellaneous
30
51
Annual report ................................................................................... 30
52
Delegation by the CEO .................................................................... 30
53
Protection from liability................................................................... 30
54
Review of this Act ........................................................................... 31
55
Funding............................................................................................ 31
56
Regulations ...................................................................................... 31
No. , 2023
Legalising Cannabis Bill 2023
1
A Bill for an Act to provide for the registration of
1
cannabis strains, the regulation of cannabis and the
2
establishment of the Cannabis Australia National
3
Agency, and for related purposes
4
The Parliament of Australia enacts:
5
Part 1--Preliminary
6
7
1 Short title
8
This Act is the
Legalising Cannabis Act 2023
.
9
Part 1
Preliminary
Section 2
2
Legalising Cannabis Bill 2023
No. , 2023
2 Commencement
1
(1) Each provision of this Act specified in column 1 of the table
2
commences, or is taken to have commenced, in accordance with
3
column 2 of the table. Any other statement in column 2 has effect
4
according to its terms.
5
6
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after the end of the period of
3 months beginning on the day this Act
receives the Royal Assent.
Note:
This table relates only to the provisions of this Act as originally
7
enacted. It will not be amended to deal with any later amendments of
8
this Act.
9
(2) Any information in column 3 of the table is not part of this Act.
10
Information may be inserted in this column, or information in it
11
may be edited, in any published version of this Act.
12
3 Simplified outline of this Act
13
This Act provides for cannabis strains to be registered and
14
regulates certain activities relating to cannabis.
15
Part 3 requires the Cannabis Australia National Agency to keep a
16
Register of Cannabis Strains.
17
Cannabis strains may be registered on the Register on the initiative
18
of the Cannabis Australia National Agency or on application by
19
any person (other than a person who produces or manufactures
20
alcohol, tobacco or certain pharmaceutical products).
21
Division 1 of Part 4 regulates cannabis by making it an offence to
22
do any of the following, except in certain permitted circumstances
23
or if the activity is authorised by a licence issued by the Cannabis
24
Australia National Agency:
25
Preliminary
Part 1
Section 4
No. , 2023
Legalising Cannabis Bill 2023
3
(a) import a cannabis product;
1
(b) export a cannabis product;
2
(c) grow certain cannabis plants;
3
(d) manufacture cannabis products;
4
(e) sell cannabis products without a licence or to minors;
5
(f) allow minors to have access to certain cannabis
6
products;
7
(g) publish cannabis advertisements, including
8
electronically.
9
Division 2 of Part 4 provides that cannabis products can be
10
possessed without criminal consequences in certain circumstances.
11
Division 3 of Part 4 enables the Cannabis Australia National
12
Agency to issue licences that authorise regulated cannabis
13
activities to be undertaken in accordance with the licence.
14
Regulated cannabis activities include the following:
15
(a) growing cannabis plants;
16
(b) selling cannabis products;
17
(c) manufacturing cannabis products;
18
(d) operating a Cannabis Café;
19
(e) importing and exporting cannabis products.
20
Division 4 of Part 4 enables the Cannabis Australia National
21
Agency to determine labelling, packaging and storage requirements
22
for cannabis products.
23
Part 5 establishes the Cannabis Australia National Agency.
24
Note:
Nothing in this Act affects things done under a medicinal cannabis
25
licence or permit under the
Narcotic Drugs Act 1967
(see
26
subsection 6(2)).
27
4 Crown to be bound
28
(1) This Act binds the Crown in each of its capacities.
29
(2) This Act does not make the Crown liable to be prosecuted for an
30
offence.
31
Part 1
Preliminary
Section 5
4
Legalising Cannabis Bill 2023
No. , 2023
5 Extension to external Territories
1
This Act extends to every external Territory.
2
6 Interaction with other laws
3
(1) This Act has effect despite any other law of the Commonwealth,
4
whether enacted before or after the commencement of this Act.
5
(2) However, nothing in this Act affects anything done in accordance
6
with a medicinal cannabis licence, or a medicinal cannabis permit,
7
in force under the
Narcotic Drugs Act 1967
.
8
(3) This Act is not intended to exclude or limit the operation of a law
9
of a State or Territory that is capable of operating concurrently
10
with this Act.
11
Note:
For example, this Act is not intended to exclude or limit the operation
12
of any State or Territory law that prohibits or regulates smoking.
13
Interpretation
Part 2
Section 7
No. , 2023
Legalising Cannabis Bill 2023
5
Part 2--Interpretation
1
2
7 Definitions
3
In this Act:
4
Agency
means the Cannabis Australia National Agency.
5
approved RSC training
means responsible service of cannabis
6
training approved in writing by the Agency for the purposes of this
7
definition.
8
cannabis
means:
9
(a) a cannabis plant; or
10
(b) cannabis resin; or
11
(c) any other form of cannabis (including flowering or fruiting
12
tops, leaves, seeds or stalks, but not including cannabis
13
fibre).
14
cannabis advertisement
: see section 8.
15
cannabis plant
means any plant of the genus Cannabis.
16
cannabis product
means:
17
(a) cannabis (in any form); or
18
(b) any product:
19
(i) that contains cannabis as its main or substantial
20
ingredient; and
21
(ii) that is designed or intended for human consumption or
22
use.
23
cannabis strain
means a cannabis plant grouping that is
24
distinguishable from another cannabis plant grouping on the basis
25
of one or more botanical, ethnobotanical or genetic identifiers.
26
CEO
means the Chief Executive Officer of the Agency.
27
excluded person
means:
28
(a) a person that engages in one or more of the following:
29
Part 2
Interpretation
Section 7
6
Legalising Cannabis Bill 2023
No. , 2023
(i) the production or manufacture of alcohol or alcohol
1
products;
2
(ii) the production or manufacture of tobacco or tobacco
3
products;
4
(iii) the production or manufacture of pharmaceutical
5
products (other than cannabis for medicinal or scientific
6
purposes); or
7
(b) a person of a kind prescribed by the regulations;
8
and includes any related entity (within the meaning of the
9
Bankruptcy Act 1966
) of such a person.
10
Indigenous person
means a person who is:
11
(a) a member of the Aboriginal race of Australia; or
12
(b) a descendant of an Indigenous inhabitant of the Torres Strait
13
Islands.
14
licence
means a licence issued under section 28.
15
offence against this Act
includes an offence against Chapter 7 of
16
the
Criminal Code
that relates to this Act.
17
police officer
means a member of the Australian Federal Police or
18
of the police force of a State or Territory.
19
publish a cannabis advertisement
: see section 9.
20
Register
means the Register of Cannabis Strains kept under
21
section 11.
22
registered cannabis strain
means a cannabis strain registered on
23
the Register.
24
regulated cannabis activity
: see section 10.
25
regulated trade or commerce
means trade or commerce:
26
(a) between Australia and places outside Australia; or
27
(b) among the States; or
28
(c) between a State and a Territory or between 2 Territories; or
29
(d) by way of the supply of goods or services to the
30
Commonwealth or an authority or instrumentality of the
31
Commonwealth.
32
Interpretation
Part 2
Section 8
No. , 2023
Legalising Cannabis Bill 2023
7
State or Territory co-operatives register
means the following:
1
(a) the register of co-operatives established under the
2
Co-operatives (Adoption of National Law) Act 2012
(NSW);
3
(b) the register of co-operatives established under the
4
Co-operatives National Law Application Act 2013
(Vic.);
5
(c) the register of co-operatives established under the
6
Co-operatives National Law Act 2020
(Qld);
7
(d) the register of co-operatives established under the
8
Co-operatives Act 2009
(WA);
9
(e) the register of co-operatives established under the
10
Co-operatives National Law (South Australia) Act 2013
11
(SA);
12
(f) the register of co-operatives established under the
13
Co-operatives National Law (Tasmania) Act 2015
(Tas.);
14
(g) the register of co-operatives established under the
15
Co-operatives National Law (ACT) Act 2017
(ACT);
16
(h) the register of co-operatives established under the
17
Co-operatives (National Uniform Legislation) Act 2015
18
(NT).
19
8 Meaning of
cannabis advertisement
20
A
cannabis advertisement
is any writing, still or moving picture,
21
sign, symbol or other visual image, or any audible message, or any
22
combination of 2 or more of those things, that gives publicity to, or
23
otherwise promotes or is intended to promote:
24
(a) a cannabis product; or
25
(b) the purchase or use of a cannabis product.
26
9 Meaning of
publish a
cannabis advertisement
27
A person
publishes a cannabis advertisement
if the person does
28
any of the following things:
29
(a) the person includes the advertisement in a document
30
(including, for example, a newspaper, magazine, program,
31
leaflet or ticket) that is available, or distributed, to the public
32
or a section of the public;
33
Part 2
Interpretation
Section 10
8
Legalising Cannabis Bill 2023
No. , 2023
(b) the person includes the advertisement in a film, video,
1
television program or radio program that is, or is intended to
2
be, seen or heard by the public or a section of the public;
3
(c) the person:
4
(i) sells, hires or supplies the advertisement, or something
5
containing the advertisement, to the public or a section
6
of the public; or
7
(ii) offers the advertisement, or something containing the
8
advertisement, for sale or supply to, or hire by, the
9
public or a section of the public;
10
(d) the person displays, screens or plays the advertisement, or
11
something that contains the advertisement, so that it can be
12
seen or heard in or from:
13
(i) a public place; or
14
(ii) public transport; or
15
(iii) a workplace;
16
(e) the person brings the advertisement, or something that
17
contains the advertisement, to the notice of, or disseminates
18
the advertisement, or something that contains the
19
advertisement, to, the public, or a section of the public, by an
20
electronic means in connection with a telegraphic, telephonic
21
or other like service within the meaning of paragraph 51(v)
22
of the Constitution including, for example:
23
(i) by means of the internet; or
24
(ii) by making the advertisement remotely accessible by a
25
computer, mobile phone or any other electronic device;
26
(f) the person otherwise brings the advertisement, or something
27
that contains the advertisement, to the notice of, or
28
disseminates the advertisement, or something that contains
29
the advertisement, to, the public, or a section of the public,
30
by any means (including, for example, by means of a film,
31
video, computer disk or electronic medium).
32
10 Meaning of
regulated cannabis activity
33
Each of the following activities is a
regulated cannabis activity
:
34
(a) producing or reproducing propagating material of a registered
35
cannabis strain;
36
Interpretation
Part 2
Section 10
No. , 2023
Legalising Cannabis Bill 2023
9
(b) conditioning material of a registered cannabis strain for the
1
purpose of propagation;
2
(c) offering for sale propagating material of a registered cannabis
3
strain;
4
(d) growing a cannabis plant of a registered cannabis strain;
5
(e) growing a cannabis plant for the purpose of breeding a new
6
or novel cannabis strain that constitutes an invention for the
7
purpose of paragraph 51(xviii) of the Constitution;
8
(f) growing a cannabis plant for the purposes of sale in the
9
course of regulated trade or commerce;
10
(g) manufacturing a cannabis product:
11
(i) that contains a registered cannabis strain as its main or
12
substantial ingredient; and
13
(ii) that is designed or intended for human consumption or
14
use;
15
(h) operating a Cannabis Café:
16
(i) that sells (onsite or online) cannabis products that
17
consist of, or include, registered cannabis strains; and
18
(ii) at which cannabis products that consist of, or include,
19
registered cannabis strains can be consumed;
20
(i) selling a cannabis product in the course of regulated trade or
21
commerce;
22
(j) importing a cannabis product into Australia for the purpose
23
of either or both of the following:
24
(i) growing cannabis plants;
25
(ii) breeding a new or novel cannabis strain that constitutes
26
an invention for the purpose of paragraph 51(xviii) of
27
the Constitution;
28
(k) exporting a cannabis product from Australia;
29
(l) any of the above activities that is undertaken by a corporation
30
to which paragraph 51(xx) of the Constitution applies.
31
Part 3
Registration of cannabis strains
Section 11
10
Legalising Cannabis Bill 2023
No. , 2023
Part 3--Registration of cannabis strains
1
2
11 The Register
3
(1) The Agency must establish and maintain a Register of Cannabis
4
Strains.
5
(2) The Register may be kept in any form that the Agency considers
6
appropriate.
7
(3) The Register is not a legislative instrument.
8
12 Power to register a cannabis strain
9
(1) The Agency may, either on its own initiative or on an application
10
made in accordance with section 13, decide to register a cannabis
11
strain on the Register.
12
(2) In deciding whether to register a cannabis strain on its own
13
initiative, the Agency must take into account whether it is
14
necessary to do so in order to facilitate the issuing of licences in
15
relation to the cannabis strain.
16
(3) In deciding whether to grant an application to register a cannabis
17
strain, the Agency must take into account any matters prescribed
18
by the regulations.
19
(4) In addition to its effect apart from this subsection, subsection (1)
20
also has the effect it would have if its application were, by express
21
provision, confined to cannabis strains the breeding of which
22
constitutes an invention for the purpose of paragraph 51(xviii) of
23
the Constitution.
24
13 Application to register a cannabis strain
25
(1) A person (other than an excluded person) may apply to the Agency
26
for registration of a cannabis strain.
27
(2) The application must:
28
Registration of cannabis strains
Part 3
Section 14
No. , 2023
Legalising Cannabis Bill 2023
11
(a) be accompanied by the fee (if any) prescribed by the
1
regulations; and
2
(b) meet any other requirements prescribed by the regulations.
3
(3) However, no fee is payable for the application if it is made by:
4
(a) an Indigenous person; or
5
(b) a body corporate controlled (within the meaning of
6
section 50AA of the
Corporations Act 2001
) by one or more
7
Indigenous persons.
8
14 Consequences of registration of a cannabis strain
9
The registration of a cannabis strain on the Register does not affect
10
the intellectual property rights of any person in relation to the
11
cannabis strain under a law of the Commonwealth or of a State or
12
Territory, or under the general law.
13
15 Other matters relating to the Register and registration of
14
cannabis strains
15
The regulations may make provision for and in relation to any
16
other matter relating to the Register and the registration process,
17
including the following:
18
(a) details to be included on the Register;
19
(b) the time limit for making registration decisions;
20
(c) review by the Administrative Appeals Tribunal of decisions
21
of the Agency to refuse applications for registration.
22
Part 4
Regulation of cannabis
Division 1
Offences
Section 16
12
Legalising Cannabis Bill 2023
No. , 2023
Part 4--Regulation of cannabis
1
Division 1--Offences
2
16 Offence--importation of cannabis products
3
A person commits an offence if:
4
(a) the person imports a cannabis product into Australia; and
5
(b) the importation is not authorised by a licence.
6
Penalty: Imprisonment for 2 years or 2,000 penalty units, or both.
7
17 Offence--exportation of cannabis products
8
A person commits an offence if:
9
(a) the person exports a cannabis product from Australia; and
10
(b) the exportation is not authorised by a licence.
11
Penalty: Imprisonment for 2 years or 2,000 penalty units, or both.
12
18 Offence--growing cannabis plants
13
(1) A person commits an offence if:
14
(a) the person grows a cannabis plant; and
15
(b) the growing of the cannabis plant is a regulated cannabis
16
activity; and
17
(c) the growing of the cannabis plant is not:
18
(i) permitted under subsection (2); or
19
(ii) authorised by a licence; and
20
(d) the person is 18 years of age or older.
21
Penalty: Imprisonment for 6 months or 200 penalty units, or both.
22
(2) The growing of a cannabis plant by a person is permitted under this
23
subsection if all of the following apply:
24
(a) the plant is being grown at a private residence of the person;
25
(b) the plant is being grown for the purposes of personal use, or
26
other non-commercial use, only (and not for sale);
27
Regulation of cannabis
Part 4
Offences
Division 1
Section 19
No. , 2023
Legalising Cannabis Bill 2023
13
(c) the plant is not accessible by the public;
1
(d) at the time the plant is being grown, no more than 5 other
2
cannabis plants are being grown (whether by the person or
3
another person) at a private residence of the person.
4
19 Offence--manufacturing cannabis products
5
(1) A person commits an offence if:
6
(a) the person manufactures a cannabis product; and
7
(b) the manufacture of the cannabis product is a regulated
8
cannabis activity; and
9
(c) the manufacture of the cannabis product is not:
10
(i) permitted under subsection (2); or
11
(ii) authorised by a licence; and
12
(d) the person is 18 years of age or older.
13
Penalty: Imprisonment for 6 months or 200 penalty units, or both.
14
(2) The manufacture of a cannabis product by a person is permitted
15
under this subsection if the cannabis product is being manufactured
16
for the purposes of personal use, or other non-commercial use, only
17
(and not for sale).
18
20 Offence--selling cannabis products without a licence
19
A person commits an offence if:
20
(a) the person sells a cannabis product at a particular time (the
21
sale time
); and
22
(b) the selling of the cannabis product is a regulated cannabis
23
activity; and
24
(c) the selling of the cannabis product is not authorised by a
25
licence; and
26
(d) the total value of all cannabis products sold by the person:
27
(i) by way of regulated cannabis activities; and
28
(ii) in a way not authorised by a licence; and
29
(iii) during the 24 hours ending at the sale time;
30
exceeds the greater of $50 and any higher amount prescribed
31
by the regulations.
32
Part 4
Regulation of cannabis
Division 1
Offences
Section 21
14
Legalising Cannabis Bill 2023
No. , 2023
Penalty: Imprisonment for 6 months or 200 penalty units, or both.
1
21 Offence--selling cannabis products to minors
2
A person commits an offence if:
3
(a) the person sells a cannabis product to another person; and
4
(b) the selling of the cannabis product is a regulated cannabis
5
activity; and
6
(c) the person knows, or is reckless as to whether, the other
7
person is under 18 years of age.
8
Penalty: Imprisonment for 6 months or 200 penalty units, or both.
9
22 Offence--allowing minors to have access to cannabis products
10
A person commits an offence if:
11
(a) the person knowingly allows another person to have access to
12
a cannabis product; and
13
(b) the person knows, or is reckless as to whether, the other
14
person is under 18 years of age; and
15
(c) one or more of the following apply:
16
(i) the cannabis product consists of, or includes, a
17
registered cannabis strain;
18
(ii) the cannabis product consists of, or includes, a cannabis
19
strain that is the subject of a licence;
20
(iii) the cannabis product is the subject of a licence.
21
Penalty: Imprisonment for 6 months or 200 penalty units, or both.
22
23 Offence--publishing cannabis advertisements
23
(1) A person commits an offence if:
24
(a) the person publishes something, or authorises or causes
25
something to be published; and
26
(b) the thing is a cannabis advertisement; and
27
(c) the cannabis advertisement is published in Australia; and
28
(d) either or both of the following apply:
29
Regulation of cannabis
Part 4
Offences
Division 1
Section 24
No. , 2023
Legalising Cannabis Bill 2023
15
(i) the cannabis advertisement relates to a cannabis product
1
that consists of, or includes, a registered cannabis strain;
2
(ii) the cannabis advertisement is published in the course of,
3
or for the purposes of, regulated trade or commerce.
4
Penalty: Imprisonment for 6 months or 200 penalty units, or both.
5
(2) Subsection (1) does not apply if:
6
(a) the cannabis advertisement is displayed at or on a place
7
where cannabis products are offered for sale to the public;
8
and
9
(b) the selling of the cannabis products at the place is authorised
10
by a licence; and
11
(c) the display of the advertisement complies with all applicable
12
requirements as to the size, content, format and location of
13
the advertisement prescribed by the regulations.
14
Note:
A defendant bears an evidential burden in relation to the matters in
15
this subsection (see subsection 13.3(3) of the
Criminal Code
).
16
24 Offence--publishing cannabis advertisements electronically
17
(1) A person commits an offence if:
18
(a) the person publishes something, or authorises or causes
19
something to be published; and
20
(b) the thing is a cannabis advertisement; and
21
(c) the cannabis advertisement is published electronically; and
22
(d) the cannabis advertisement is published in Australia; and
23
(e) either or both of the following apply:
24
(i) the cannabis advertisement relates to a cannabis product
25
that consists of, or includes, a registered cannabis strain;
26
(ii) the cannabis advertisement is published in the course of,
27
or for the purposes of, regulated trade or commerce.
28
Penalty: Imprisonment for 6 months or 200 penalty units, or both.
29
(2) Section 15.2 of the
Criminal Code
(extended geographical
30
jurisdiction--category B) applies to an offence against
31
subsection (1).
32
Part 4
Regulation of cannabis
Division 1
Offences
Section 24
16
Legalising Cannabis Bill 2023
No. , 2023
Exception--advertisements for a Cannabis Café
1
(3) Subsection (1) does not apply if:
2
(a) the person holds a licence authorising the operation of a
3
Cannabis Café; and
4
(b) the advertisement relates to the sale of cannabis products by
5
the Café; and
6
(c) the advertisement complies with all applicable requirements
7
as to the size, content and format of the advertisement
8
prescribed by the regulations; and
9
(d) in publishing the advertisement, the person is complying with
10
the conditions referred to in section 30.
11
Note:
A defendant bears an evidential burden in relation to the matters in
12
this subsection (see subsection 13.3(3) of the
Criminal Code
).
13
Meaning of
published in Australia
14
(4) In this section, a cannabis advertisement that is published
15
electronically is
published in Australia
if:
16
(a) the advertisement originates in Australia; or
17
(b) all of the following apply:
18
(i) the advertisement did not originate in Australia, or the
19
advertisement's origin cannot be determined;
20
(ii) the advertisement has an Australian link;
21
(iii) the advertisement is accessible, or intended to be
22
accessible, by the public, or a section of the public, in
23
Australia.
24
(5) A cannabis advertisement has an
Australian link
if:
25
(a) at a particular time, the advertisement is published, or
26
authorised or caused to be published, by an entity, or the
27
person or persons constituting or responsible for an entity;
28
and
29
(b) at that time, the circumstances described in the following
30
table apply to the entity.
31
32
Item Entity
Applicable circumstances
1
Individual
Any of the following circumstances:
Regulation of cannabis
Part 4
Offences
Division 1
Section 24
No. , 2023
Legalising Cannabis Bill 2023
17
Item Entity
Applicable circumstances
(a) the individual is an Australian citizen;
(b) the individual is an individual whose
continued presence in Australia is not
subject to a limitation as to time imposed
by law;
(c) the individual is physically present in
Australia.
2
Body corporate
Any of the following circumstances:
(a) the body corporate has been incorporated
in Australia;
(b) the body corporate has its central
management and control in Australia.
3
Trust
The trust has been created in Australia.
4
Partnership
The partnership has been formed in Australia.
5
Unincorporated body
The unincorporated body has its central
management and control in Australia.
Part 4
Regulation of cannabis
Division 2
Other regulated conduct
Section 25
18
Legalising Cannabis Bill 2023
No. , 2023
Division 2--Other regulated conduct
1
25 Possession of cannabis products by minors
2
(1) This section applies if:
3
(a) a person is in possession of a cannabis product; and
4
(b) engaging in that conduct is an offence against a law of the
5
Commonwealth or of a State or Territory; and
6
(c) the person is under 18 years of age; and
7
(d) one or more of the following apply:
8
(i) the cannabis product consists of, or includes, a
9
registered cannabis strain;
10
(ii) the cannabis product consists of, or includes, a cannabis
11
strain that is the subject of a licence;
12
(iii) the cannabis product is the subject of a licence.
13
(2) Despite any other law of the Commonwealth, a State or a Territory:
14
(a) the person is not criminally responsible for the offence; and
15
(b) the cannabis product may be seized and destroyed by a police
16
officer.
17
26 Possession of cannabis products by other persons
18
(1) This section applies if:
19
(a) a person is in possession of a cannabis product; and
20
(b) engaging in that conduct is an offence against a law of the
21
Commonwealth or of a State or Territory; and
22
(c) the person is 18 years of age or older; and
23
(d) one or more of the following apply:
24
(i) the cannabis product consists of, or includes, a
25
registered cannabis strain;
26
(ii) the cannabis product consists of, or includes, a cannabis
27
strain that is the subject of a licence;
28
(iii) the cannabis product is the subject of a licence.
29
(2) Despite any other law of the Commonwealth, a State or a Territory,
30
the person is not criminally responsible for the offence.
31
Regulation of cannabis
Part 4
Licences
Division 3
Section 27
No. , 2023
Legalising Cannabis Bill 2023
19
Division 3--Licences
1
27 Applications for licences
2
(1) A person may, in accordance with the regulations, apply to the
3
Agency for a licence to be issued under section 28 to authorise the
4
person to undertake one or more regulated cannabis activities.
5
Application fees
6
(2) The application must be accompanied by the fee (if any) prescribed
7
by the regulations.
8
(3) However, no fee is payable for the application if it is made by:
9
(a) an Indigenous person; or
10
(b) a body corporate controlled (within the meaning of
11
section 50AA of the
Corporations Act 2001
) by one or more
12
Indigenous persons.
13
Other requirements for applications
14
(4) The application (or the applicant) must meet any other
15
requirements prescribed by the regulations.
16
(5) Without limiting subsection (4), the regulations may:
17
(a) require that the applicant not be temporarily or permanently
18
disqualified from applying under this section; and
19
(b) for the purposes of paragraph (a), provide that a person may
20
be temporarily or permanently disqualified from applying
21
under this section if the person:
22
(i) has committed serious or repeated breaches of this Act;
23
or
24
(ii) has committed serious or repeated breaches of a
25
previous licence (including a licence condition), and had
26
that licence cancelled as a result.
27
28 Agency may issue licences
28
(1) Subject to subsection (2), the Agency may, on application made by
29
a person under section 27, issue a licence to the person.
30
Part 4
Regulation of cannabis
Division 3
Licences
Section 29
20
Legalising Cannabis Bill 2023
No. , 2023
(2) If the licence will authorise a person to undertake a regulated
1
cannabis activity mentioned in any of paragraphs 10(a), (b) or (d)
2
to (f), the Agency must not issue the licence unless the person is:
3
(a) an individual; or
4
(b) a not-for-profit co-operative that is registered on a State or
5
Territory co-operatives register; or
6
(c) a person of a kind prescribed by the regulations.
7
(3) A licence authorises its holder to undertake the regulated cannabis
8
activity or activities specified in the licence:
9
(a) in accordance with the conditions of the licence; and
10
(b) subject to the intellectual property rights of any person in
11
relation to a cannabis strain under a law of the
12
Commonwealth or of a State or Territory, or under the
13
general law.
14
29 Conditions of licences--general
15
(1) A licence is subject to the following conditions:
16
(a) the licence holder must not sell a cannabis product to a
17
person who is under 18 years of age;
18
(b) the licence holder must not allow any person who is under 18
19
years of age to have access to a cannabis product;
20
(c) the licence holder must not sell a cannabis product if the
21
product is not labelled, packaged and stored in accordance
22
with all requirements determined under section 32 for the
23
product;
24
(d) the licence holder must not provide a cannabis product as
25
part of a commercial promotional activity;
26
(e) the licence holder, and any other person prescribed by the
27
regulations, must undertake specified approved RSC training;
28
(f) if the licence authorises the growing of a cannabis plant, the
29
plant must not be grown in a residential zoned area;
30
(g) any condition prescribed by the regulations;
31
(h) any condition imposed by the Agency at the time the licence
32
is issued or at any time afterwards.
33
Regulation of cannabis
Part 4
Licences
Division 3
Section 30
No. , 2023
Legalising Cannabis Bill 2023
21
(2) A condition imposed under paragraph (1)(h) has no effect unless it
1
is set out in the licence or in a written notice given to the licence
2
holder.
3
30 Conditions of licences--operating a Cannabis Café
4
(1) A licence that authorises the operation of a Cannabis Café is also
5
subject to the following conditions:
6
(a) the licence holder must ensure that any consumption of
7
cannabis products by smoking:
8
(i) occurs in an outdoor area; and
9
(ii) does not unreasonably interfere with members of the
10
public; and
11
(iii) complies with any other requirements that apply under a
12
law of the State or Territory where the Café is located;
13
(b) the licence holder must ensure that the online sale of
14
cannabis products by the Café:
15
(i) occurs only through a website that is registered with the
16
Agency; and
17
(ii) does not exceed the sales limits specified in the licence;
18
and
19
(iii) complies with any other requirement specified in the
20
licence;
21
(c) any condition prescribed by the regulations;
22
(d) any condition relating to the sale or consumption of cannabis
23
products at the Café that is imposed by the Agency at the
24
time the licence is issued or at any time afterwards.
25
(2) In specifying limits or requirements for the purposes of
26
subparagraphs (1)(b)(ii) or (iii), the Agency must have regard to
27
the following:
28
(a) the need for controls and information that reflect responsible
29
service of cannabis;
30
(b) what is a reasonable quantity of cannabis for personal use,
31
including over a period of time;
32
(c) geographical factors that limit access to a Cannabis Cafe;
33
(d) the need to protect purchase history information.
34
Part 4
Regulation of cannabis
Division 3
Licences
Section 31
22
Legalising Cannabis Bill 2023
No. , 2023
(3) Regulations made for the purposes of paragraph (1)(c) may limit
1
online sales by a Cannabis Cafe to specific geographical areas in
2
proximity to the Café.
3
(4) A condition imposed under paragraph (1)(d) has no effect unless it
4
is set out in the licence or in a written notice given to the licence
5
holder.
6
31 Other matters relating to licences
7
The regulations may make provision for and in relation to any
8
other matter relating to licences, including the following:
9
(a) the time limit for making licence decisions;
10
(b) review by the Administrative Appeals Tribunal of decisions
11
of the Agency relating to licences;
12
(c) the establishment of a register that sets out particulars of
13
licences issued;
14
(d) the duration of licences;
15
(e) the transfer of licences;
16
(f) the imposition by the Agency of further conditions on
17
licences, and the variation or revocation by the Agency of
18
such further conditions;
19
(g) the suspension and cancellation of licences.
20
Regulation of cannabis
Part 4
Labelling, packaging and storage requirements
Division 4
Section 32
No. , 2023
Legalising Cannabis Bill 2023
23
Division 4--Labelling, packaging and storage
1
requirements
2
32 Labelling, packaging and storage requirements for cannabis
3
products
4
The Agency may, by legislative instrument, determine:
5
(a) labelling requirements; and
6
(b) packaging requirements; and
7
(c) storage requirements;
8
for cannabis products that are for sale, where such sales are
9
regulated cannabis activities.
10
Example 1: Labelling could be required to include information on:
11
(a) safety and dosage; and
12
(b) strength and chemical composition; and
13
(c) growing conditions.
14
Example 2: Packaging could be required to be child-safe, and not to be attractive
15
to children.
16
Note 1:
It is a condition of a licence for a licence holder to comply with these
17
requirements (see paragraph 29(1)(c)).
18
Note 2:
The Agency may determine different labelling, packaging and storage
19
requirements for different classes of cannabis products (see
20
subsection 33(3A) of the
Acts Interpretation Act 1901
).
21
Part 5
Cannabis Australia National Agency
Division 1
Agency's establishment, functions, powers and liabilities
Section 33
24
Legalising Cannabis Bill 2023
No. , 2023
Part 5--Cannabis Australia National Agency
1
Division 1--Agency's establishment, functions, powers and
2
liabilities
3
33 Cannabis Australia National Agency
4
(1) The Cannabis Australia National Agency is established by this
5
section.
6
(2) For the purposes of the finance law (within the meaning of the
7
Public Governance, Performance and Accountability Act 2013
):
8
(a) the Agency is a listed entity; and
9
(b) the CEO is the accountable authority of the Agency; and
10
(c) the following persons are officials of the Agency:
11
(i) the CEO;
12
(ii) the staff of the Agency referred to in section 48;
13
(iii) persons assisting the Agency referred to in section 49;
14
(iv) consultants engaged under section 50; and
15
(d) the purposes of the Agency include:
16
(i) the functions of the Agency referred to in section 35;
17
and
18
(ii) the functions of the CEO referred to in section 39.
19
34 Constitution of the Agency
20
The Agency consists of:
21
(a) the CEO; and
22
(b) the staff of the Agency referred to in section 48.
23
35 Functions of the Agency
24
The Agency has the following functions:
25
(a) to regulate regulated cannabis activities in the broader public
26
interest, including to maximise safety and to minimise harm
27
associated with those activities;
28
(b) to establish and maintain the Register;
29
Cannabis Australia National Agency
Part 5
Agency's establishment, functions, powers and liabilities
Division 1
Section 36
No. , 2023
Legalising Cannabis Bill 2023
25
(c) to register cannabis strains on the Register;
1
(d) to issue licences authorising regulated cannabis activities;
2
(e) to oversee activities authorised by licences;
3
(f) to be available to regularly test cannabis products involved in
4
regulated cannabis activities, including for strength and
5
contamination;
6
(g) to regularly seek detailed national data about regulated
7
cannabis activities;
8
(h) to approve responsible service of cannabis training and to
9
register training providers authorised to deliver the training;
10
(i) to provide advice to the Minister about the operation of this
11
Act;
12
(j) any other functions conferred on the Agency by this Act, the
13
regulations or another law of the Commonwealth;
14
(k) to do anything incidental or conducive to the performance of
15
any of the above functions.
16
36 Powers of the Agency
17
The Agency has power to do all things necessary or convenient to
18
be done for or in connection with the performance of its functions.
19
Note:
The CEO may enter into contracts and other arrangements on behalf
20
of the Commonwealth. See section 23 of the
Public Governance,
21
Performance and Accountability Act 2013
.
22
37 Agency has privileges and immunities of the Crown
23
The Agency has the privileges and immunities of the Crown in
24
right of the Commonwealth.
25
Part 5
Cannabis Australia National Agency
Division 2
Chief Executive Officer
Section 38
26
Legalising Cannabis Bill 2023
No. , 2023
Division 2--Chief Executive Officer
1
38 Chief Executive Officer
2
There is to be a Chief Executive Officer of the Agency.
3
39 Functions of the CEO
4
(1) The functions of the CEO are:
5
(a) to manage the affairs of the Agency; and
6
(b) to ensure the Agency performs its functions.
7
(2) The CEO has power to do all things necessary or convenient to be
8
done for, or in connection with, the performance of the CEO's
9
functions.
10
40 Appointment of CEO
11
(1) The CEO is to be appointed by the Minister by written instrument
12
on a full-time basis.
13
(2) The CEO holds office for the period specified in the instrument of
14
appointment. The period must not exceed 5 years.
15
Note:
The CEO may be reappointed (see section 33AA of the
Acts
16
Interpretation Act 1901
).
17
41 Acting appointments
18
The Minister may, by written instrument, appoint a person to act as
19
the CEO:
20
(a) during a vacancy in the office of the CEO (whether or not an
21
appointment has previously been made to the office); or
22
(b) during any period, or during all periods, when the CEO:
23
(i) is absent from duty or from Australia; or
24
(ii) is, for any reason, unable to perform the duties of the
25
office.
26
Note:
For rules that apply to acting appointments, see sections 33AB and
27
33A of the
Acts Interpretation Act 1901
.
28
Cannabis Australia National Agency
Part 5
Chief Executive Officer
Division 2
Section 42
No. , 2023
Legalising Cannabis Bill 2023
27
42 Remuneration
1
(1) The CEO is to be paid the remuneration that is determined by the
2
Remuneration Tribunal. If no determination of that remuneration
3
by the Tribunal is in operation, the CEO is to be paid the
4
remuneration that is prescribed by the regulations.
5
(2) The CEO is to be paid the allowances that are prescribed by the
6
regulations.
7
(3) This section has effect subject to the
Remuneration Tribunal Act
8
1973
.
9
43 Leave
10
(1) The CEO has the recreation leave entitlements that are determined
11
by the Remuneration Tribunal.
12
(2) The Minister may grant the CEO leave of absence, other than
13
recreation leave, on the terms and conditions as to remuneration or
14
otherwise that the Minister determines.
15
44 Engaging in other paid work
16
The CEO must not engage in paid work outside the duties of the
17
CEO's office without the Minister's approval.
18
45 Resignation
19
(1) The CEO may resign the CEO's appointment by giving the
20
Minister a written resignation.
21
(2) The resignation takes effect on the day it is received by the
22
Minister or, if a later day is specified in the resignation, on that
23
later day.
24
46 Termination of appointment
25
(1) The Minister may terminate the appointment of the CEO:
26
(a) for misbehaviour; or
27
Part 5
Cannabis Australia National Agency
Division 2
Chief Executive Officer
Section 47
28
Legalising Cannabis Bill 2023
No. , 2023
(b) if the CEO is unable to perform the duties of the CEO's
1
office because of physical or mental incapacity.
2
(2) The Minister may terminate the appointment of the CEO if:
3
(a) the CEO:
4
(i) becomes bankrupt; or
5
(ii) applies to take the benefit of any law for the relief of
6
bankrupt or insolvent debtors; or
7
(iii) compounds with the CEO's creditors; or
8
(iv) makes an assignment of the CEO's remuneration for the
9
benefit of the CEO's creditors; or
10
(b) the CEO is absent, except on leave of absence, for 14
11
consecutive days or for 28 days in any 12 months; or
12
(c) the CEO fails, without reasonable excuse, to comply with
13
section 29 of the
Public Governance, Performance and
14
Accountability Act 2013
(which deals with the duty to
15
disclose interests) or rules made for the purposes of that
16
section; or
17
(d) the CEO engages, except with the approval of the Minister,
18
in paid work outside the duties of the CEO's office (see
19
section 44).
20
47 Other terms and conditions
21
The CEO holds office on the terms and conditions (if any) in
22
relation to matters not covered by this Act that are determined by
23
the Minister.
24
Cannabis Australia National Agency
Part 5
Staff of the Agency etc.
Division 3
Section 48
No. , 2023
Legalising Cannabis Bill 2023
29
Division 3--Staff of the Agency etc.
1
48 Staff
2
(1) The staff of the Agency must be persons engaged under the
Public
3
Service Act 1999
.
4
(2) For the purposes of the
Public Service Act 1999
:
5
(a) the CEO and the staff of the Agency together constitute a
6
Statutory Agency; and
7
(b) the CEO is the Head of that Statutory Agency.
8
49 Persons assisting the Agency
9
(1) The Agency may be assisted:
10
(a) by officers and employees of Agencies (within the meaning
11
of the
Public Service Act 1999
); or
12
(b) by officers and employees of authorities of the
13
Commonwealth; or
14
(c) by officers and employees of a State or Territory; or
15
(d) by officers and employees of authorities of a State or
16
Territory;
17
whose services are made available to the Agency in connection
18
with the performance of any of its functions.
19
(2) When performing services for the Agency, the officers and
20
employees are subject to the directions of the CEO.
21
50 Consultants
22
(1) The CEO may, on behalf of the Commonwealth, engage
23
consultants to assist in the performance of the Agency's functions.
24
(2) The consultants are to be engaged on the terms and conditions that
25
the CEO determines in writing.
26
Part 6
Miscellaneous
Section 51
30
Legalising Cannabis Bill 2023
No. , 2023
Part 6--Miscellaneous
1
2
51 Annual report
3
The CEO, when preparing the Agency's annual report under
4
section 46 of the
Public Governance, Performance and
5
Accountability Act 2013
for a period, must include a summary of
6
de-identified national data about regulated cannabis activities
7
during the period.
8
Note:
The report must be presented to the Parliament (see subsection 46(1)
9
of the
Public Governance, Performance and Accountability Act 2013
).
10
52 Delegation by the CEO
11
(1) The CEO may, by writing, delegate any or all of the CEO's
12
functions and powers to an SES employee, or acting SES
13
employee, who is a member of the staff of the Agency referred to
14
in section 48.
15
Note:
The expressions
SES employee
and
acting SES employee
are defined
16
in section 2B of the
Acts Interpretation Act 1901
.
17
(2) In performing a delegated function or exercising a delegated
18
power, the delegate must comply with any written directions of the
19
CEO.
20
53 Protection from liability
21
The following persons are not liable to civil proceedings in relation
22
to an act done, or omitted to be done, in good faith, in the
23
performance or purported performance, or exercise or purported
24
exercise, of the person's functions, powers or duties under or in
25
relation to this Act:
26
(a) the CEO;
27
(b) a member of the staff of the Agency referred to in section 48;
28
(c) a person assisting the Agency referred to in section 49;
29
(d) a consultant engaged under section 50.
30
Miscellaneous
Part 6
Section 54
No. , 2023
Legalising Cannabis Bill 2023
31
54 Review of this Act
1
(1) At least once every 5 years, the Minister must cause a review of the
2
operation of this Act to be undertaken.
3
(2) The persons undertaking the review must give the Minister a
4
written report of the review.
5
(3) The Minister must cause a copy of the report of the review to be
6
tabled in each House of the Parliament within 15 sitting days of
7
that House after the report is given to the Minister.
8
55 Funding
9
Expenditure for the purposes of this Act is to be made from funds
10
appropriated by the Parliament.
11
56 Regulations
12
(1) The Governor-General may make regulations prescribing matters:
13
(a) required or permitted by this Act to be prescribed by the
14
regulations; or
15
(b) necessary or convenient to be prescribed for carrying out or
16
giving effect to this Act.
17
(2) Without limiting subsection (1), the regulations may:
18
(a) make provision for and in relation to the seizure and
19
forfeiture of:
20
(i) anything used or otherwise involved in the commission
21
of an offence against this Act; and
22
(ii) anything used or otherwise involved in what would be
23
the commission of an offence against this Act by a
24
person if the person were 18 years of age or older; and
25
(b) impose penalties, not exceeding 50 penalty units, for offences
26
against the regulations; and
27
(c) prescribe requirements for the approval of responsible service
28
of cannabis training, and the registration of training
29
providers, by the Agency including requirements relating to
30
fees payable in respect of applications for approval and
31
registration.
32