South Australian Numbered Acts

INDUSTRIAL HEMP ACT 2017 (NO 15 OF 2017) - SECT 10

10—Suitability of applicant—fit and proper person

        (1)         The Chief Executive must not grant a licence to an applicant, or renew a licence on application by a licence holder, unless the Chief Executive is satisfied that—

            (a)         neither the applicant nor any associate of the applicant has been found guilty of a drug related offence; and

            (b)         the applicant and each associate of the applicant are fit and proper persons to be concerned in or associated with the cultivation of hemp or industrial hemp (as the case requires); and

            (c)         the applicant meets the prescribed requirements (if any).

        (2)         For the purpose of determining whether an applicant or a licence holder is a fit and proper person under this Act, the Chief Executive may consider any of the following:

            (a)         the character, honesty and integrity of—

                  (i)         the applicant or licence holder; and

                  (ii)         the associates of the applicant or licence holder; and

                  (iii)         the relatives of the applicant or licence holder; and

                  (iv)         any person in a position to exercise control or significant influence over the conduct of the applicant or licence holder;

            (b)         whether the applicant or licence holder or any associate or relative of the applicant or licence holder has been found guilty by a court (whether in or outside South Australia) of any offence;

            (c)         whether the applicant or licence holder or any associate of the applicant or licence holder has a history of non-compliance with the Act;

            (d)         in the case of an applicant or licence holder that is not a natural person—whether the applicant or licence holder has a satisfactory ownership, trust or corporate structure;

            (e)         the financial circumstances of the applicant or licence holder, including any matter that may significantly limit the applicant or licence holder's capacity to meet obligations in conducting activities under the licence in compliance with the terms and conditions applying to the licence.

        (3)         In this section—

"domestic partner" means a person who is a domestic partner within the meaning of the Family Relationships Act 1975

, whether declared as such under that Act or not;

"relative" means a person who is—

            (a)         a spouse or domestic partner; or

            (b)         a parent; or

            (c)         a step-parent; or

            (d)         a sibling or step-sibling; or

            (e)         a child, step-child or adopted child;

"spouse"—a person is the spouse of another if they are legally married.