Australian Capital Territory Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Download] [Help]

HEMP FIBRE INDUSTRY FACILITATION ACT 2004 (NO. 48 OF 2004) - NOTES

Dictionary

(see s 3)

Note 1     The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2     In particular, the Legislation Act, dict, pt 1, defines the following terms:

              •     appoint

              •     exercise

              •     function.

"accepted representation"—see section 33.

"affected by bankruptcy action"—an individual is "affected by bankruptcy action "if the person—

        (a)     is bankrupt; or

        (b)     has compounded with creditors; or

        (c)     has otherwise taken, or applied to take, advantage of any law about bankruptcy.

"business" includes—

        (a)     a business not carried on for profit; and

        (b)     a trade or profession.

category 1 researcher means a person who holds a category 1 researcher licence that is in force.

category 2 researcher means a person who holds a category 2 researcher licence that is in force.

"certified hemp seed" means seed certified, in the way prescribed under the regulations, by any of the following as seed that will produce hemp plants with a THC concentration in their leaves and flowering heads of not more than 0.5%:

        (a)     a grower;

        (b)     a category 1 or category 2 researcher.

"class A research hemp plant" means a hemp plant that has a THC concentration in its leaves and flowering heads of 3% or more.

"class A research hemp seed" means—

        (a)     seed harvested from a class A research hemp plant; or

        (b)     seed that, if grown, will produce a class A research hemp plant.

"class B research hemp plant" means a hemp plant that has a THC concentration in its leaves and flowering heads of more than 1% but less than 3%.

"class B research hemp seed" means—

        (a)     seed harvested from a class B research hemp plant; or

        (b)     seed that, if grown, will produce a class B research hemp plant.

"close associate", for part 2 (Licences)—see section 8.

"connected", for part 3 (Enforcement)—see section 43.

"criminal history report"—see section 19 (2).

"denatured", for seed harvested from industrial hemp plants, means that the seed will not grow because it has been cracked, de-hulled, heated, or treated in another way that prevents growth.

"Drugs of Dependence Act "means the Drugs of Dependence Act 1989.

"engage in conduct" means—

        (a)     do an act; or

        (b)     omit to do an act.

"executive officer", of a corporation, means anyone, by whatever name called and whether or not the person is a director of the corporation, who is concerned with, or takes part in, the corporation's management.

"grower" means a person who holds a grower licence that is in force.

"hemp" means cannabis sativa.

"industrial hemp fibre" means fibre from industrial hemp plants.

"industrial hemp plant" means a hemp plant with a THC concentration in its leaves and flowering heads of not more than 1%.

"industrial hemp seed" means—

        (a)     hemp seed harvested from an industrial hemp plant; or

        (b)     certified hemp seed.

"inspector" means a person appointed under this Act as an inspector.

"licence" means a licence issued under this Act.

"licensee" means the holder of a licence that is in force.

"occupier", of premises, for part 3 (Enforcement)—see section 43.

"offence", for part 3 (Enforcement)—see section 43.

"premises" includes land or a structure or vehicle and any part of an area of land or a structure or vehicle.

"processed hemp" means—

        (a)     industrial hemp plants that—

              (i)     have been harvested or chemically or mechanically treated or artificially treated in another way; and

              (ii)     have no leaf, flowers or seed; or

        (b)     seed from industrial hemp plants grown by a holder of a grower licence and denatured at the place stated in the growers licence.

"proposed action"—see section 32 (2) (a).

"reviewable decision", for part 4 (Review of decisions)—see section 58 (1).

"show cause notice"—see section 32 (2).

"show cause period"—see section 32 (2).

"THC" means tetrahydrocannabinol.

Endnotes

1     Presentation speech

    Presentation speech made in the Legislative Assembly on 30 June 2004.

2     Notification

    Notified under the Legislation Act on 16 August 2004.

3     Republications of amended laws

    For the latest republication of amended laws, see www.legislation.act.gov.au.


I certify that the above is a true copy of the
Hemp Fibre Industry Facilitation Bill 2004, which was passed by the Legislative Assembly on 4 August 2004.




Clerk of the Legislative Assembly





© Australian Capital Territory 2004

2004-4800.jpg
Australian Capital Territory

2004-4800.jpg
Australian Capital Territory

Hemp Fibre Industry Facilitation Act 2004

A2004-48



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback