Northern Territory Consolidated Acts Northern Territory Consolidated ActsIn this Act:
"acting in an official capacity", in relation to the Authority or a poppy control officer, means the Authority or poppy control officer is exercising powers or performing functions under, or otherwise related to the administration of, this Act.
"approved form" means a form approved under section 48.
"associate", in relation to a person at a particular time, means:
(a) a lineal or adoptive ancestor of any degree, sibling, uncle, aunt, nephew, niece, lineal descendant or adopted child of the person at that time, or a spouse or de facto partner or former spouse or de facto partner of the person or of any of the persons listed in this paragraph at that time; or
(b) a trustee of a trust estate, where the person or an associate referred to in paragraph (a) of the person benefits or is capable of benefiting under the trust or under a subtrust of the trust at that time; or
(c) a partner of the person, or a person who was, within the 2 years immediately preceding that time, a partner of the person; or
(d) a company, if:
(i) the company is, or the majority of its directors are, at that time, accustomed or under an obligation or arrangement, whether formal or informal, to act in accordance with the directions, instructions or wishes of the person or of an associate referred to in paragraph (a), of the person; or
(ii) the person is, the persons who are associates of the person because of paragraphs (a), (b) and (c) are, or the person and the persons who are associates of the person because of those paragraphs are, at that time, in a position to cast, control, or procure the casting of, 50% or more of the maximum number of votes that may be cast at a general meeting of the company; or
(e) if the person is a corporation:
(i) a director or secretary of the corporation, or an associate referred to in paragraph (a), of a director or secretary of the corporation, at that time; or
(ii) a corporation that is, at that time, a related body corporate to the first-mentioned corporation within the meaning of the Corporations Act 2001; or
(iii) a director or secretary of such a related body corporate, or an associate referred to in paragraph (a), of a director or secretary of such a related body corporate at that time; or
(f) if the person is a corporation (the first corporation ), another corporation (the second corporation ), if:
(i) the ability or capacity to control or procure the composition of the board of directors of the second corporation is held, at that time, by not less than 50% of the persons comprising or having the ability or capacity to control or procure the composition of the board of directors of the first corporation at that time; or
(ii) the ability or capacity to cast, or control or procure the casting of, not less than 50% of the maximum number of votes that may be cast at a general meeting of the second corporation is held, at that time, by persons having the ability or capacity to control or procure the control of not less than 50% of the maximum number of votes that may be cast at a general meeting of the first corporation at that time; or
(iii) the holding of legal title to, or of a beneficial interest, direct or indirect, whether by medium of interposed corporations or trusts or otherwise, in not less than 50% of the shares in the second corporation carrying voting rights in respect of one or more subject matters capable of resolution at a general meeting of the second corporation, is held, at that time, by persons holding legal title to, or a beneficial interest, direct or indirect, whether by medium of interposed corporations or trusts or otherwise, in not less than 50% of the shares in the first corporation carrying voting rights of the same kind at that time.
"Authority "means the Poppy Licensing Authority mentioned in section 15.
"decision notice", for a decision, means a written notice setting out:
(a) the decision and the reasons for it; and
(b) any right the person to whom the notice is to be given has, under this or another Act, to apply for a review of, or to appeal, the decision.
"licensee", in relation to a particular time, means a person who holds a poppy licence at that time.
"poppy" means the whole or any part of a plant, whether fresh or dried, of any of the following species or varieties:
(a) Papaver somniferum L.;
(b) a species or variety of poppy prescribed by regulation.
"poppy control officer", in relation to a particular time, means:
(a) a person who holds an appointment under section 18 as a poppy control officer at that time; or
(b) a person who is a police officer at that time.
"poppy licence" means a licence issued under Part 2.
"poppy material" means:
(a) a poppy; or
(b) poppy-related material.
"poppy product" means a product that is wholly or partly derived from a poppy.
"poppy-related material" means:
(a) a poppy product; or
(b) the packaging of a poppy or a poppy product; or
(c) any other thing that is or has been in such close proximity to a poppy or poppy product that a chemical compound in, or derived from, the poppy or product is present in the thing.
"process", in relation to a poppy, means doing anything intended to transform a poppy into a poppy product.