Victorian Bills Victorian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Drugs, Poisons and Controlled Substances (Poppy
Cultivation and Processing) Amendment Bill 2013
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purpose 1
2 Commencement 2
3 Principal Act 2
PART 2--POPPY CULTIVATION AND PROCESSING 3
4 New Part IVB inserted 3
PART IVB--LICENCES TO CULTIVATE ALKALOID
POPPIES AND PROCESS POPPY STRAW 3
Division 1--Preliminary 3
69N Definitions 3
69NA Meaning of associate 8
69NB Matters to be considered in determining a fit and
proper person 11
Division 2--Poppy cultivation licence 15
69O Application for poppy cultivation licence 15
69OA Secretary must investigate application 16
69OB Determining an application 18
69OC Terms and conditions of a poppy cultivation licence 18
69OD Poppy cultivation licence is not transferable 20
69OE Employee of licensed grower authorised to undertake
activities under licence 20
69OF Employee identification certificate issued by licensed
grower 21
69OG Application for renewal of licence 22
69OH Secretary must investigate renewal application 23
69OI Determining a renewal application 24
Division 3--Poppy processing licence 25
69P Application for poppy processing licence 25
69PA Secretary must investigate application 27
69PB Determining an application 28
571330B.I-10/12/2013 i BILL LA INTRODUCTION 10/12/2013
Clause Page
69PC Terms and conditions of a poppy processing licence 28
69PD Poppy processing licence is not transferable 30
69PE Employee of licensed processor authorised to
undertake activities under licence 30
69PF Employee identification certificate issued by licensed
processor 31
69PG Application for renewal of licence 32
69PH Secretary must investigate renewal application 33
69PI Determining a renewal application 34
Division 4--General provisions applying to a poppy
cultivation licence or poppy processing licence 35
69Q Amendment of licences 35
69QA Suspension or cancellation of licences 36
Division 5--Inspection and enforcement 38
69R Inspectors under this Part 38
69RA Inspectors identification certificate 39
69RB General powers of inspector 39
69RC Procedure on seizing a document, thing or taking a
sample 41
69RD Power to use electronic equipment at premises 42
69RE Power to copy information on electronic storage
devices 43
69RF Inspector must not damage equipment 43
69RG Inspector may possess alkaloid poppies or poppy
straw 43
69RH Inspector has power to detain or seize alkaloid
poppies or poppy straw 43
69RI Procedure on detaining or seizing alkaloid poppies
or poppy straw 44
69RJ Secretary has power to dispose or deal with seized
alkaloid poppies or poppy straw 45
69RK Retention and return of seized alkaloid poppies or
poppy straw 46
69RL Magistrates' Court may extend 3 month period 47
69RM Forfeiture, harvest and destruction of alkaloid poppies
or poppy straw 48
69RN Recovery of costs 49
69RO Inspector may access ratepayer information 49
69RP Protection against self-incrimination 50
69RQ Power to issue infringement notices 50
69RR Infringement penalty 51
571330B.I-10/12/2013 ii BILL LA INTRODUCTION 10/12/2013
Clause Page
Division 6--Offences 51
69S Offence to fail to report the amendment or
cancellation of a contract 51
69SA Offence to fail to report amendment or cancellation 51
69SB Offence to fail to report on any change of details of
the licensed grower or the licensed processor 52
69SC Offence to fail to surrender licence on suspension or
cancellation 53
69SD Offence to contravene a licence 53
69SE Offence to fail to prohibit access to premises 54
69SF Offence to fail to carry and produce identification
certificate 56
69SG Offence to employ disqualified persons under licence 56
69SH Offence for disqualified person to be employed by
licensed grower or licensed processor 57
69SI Employee must comply with terms and conditions
of licence 57
69SJ Criminal liability of licensed grower or licensed
processor--failure to exercise due diligence 58
69SK Offence to fail to provide an identification certificate
for employees 60
69SL Offence to hinder or obstruct inspector 60
69SM Offence to remove detained or seized alkaloid poppies
or poppy straw 61
Division 7--Alkaloid Poppy Register 61
69T Alkaloid poppy register 61
69TA Request to register a contract 62
69TB Access to the alkaloid poppy register restricted 62
69TC Person with access to alkaloid poppy register not to
disclose personal information from it 63
69TD Delegation 64
Division 8--Review by VCAT 64
69U Refusal of licence or renewal of licence on grounds
of protected information 64
69UA Review by VCAT 65
69UB VCAT to inquire on grounds for refusal 66
69UC Appointment of special counsel 67
69UD Procedure for hearing--protected information 68
69UE Decision of VCAT where protected information
exists 69
69UF General provisions for hearing matters involving
protected information 71
571330B.I-10/12/2013 iii BILL LA INTRODUCTION 10/12/2013
Clause Page
Division 9--Regulations 72
69V Regulations 72
PART 3--OTHER AMENDMENTS 75
5 List of licences and permits 75
6 Evidentiary 75
7 General regulations 75
PART 4--REPEAL OF AMENDING ACT 76
8 Repeal of amending Act 76
ENDNOTES 77
571330B.I-10/12/2013 iv BILL LA INTRODUCTION 10/12/2013
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Drugs, Poisons and Controlled
Substances (Poppy Cultivation and
Processing) Amendment Bill 2013
A Bill for an Act to amend the Drugs, Poisons and Controlled
Substances Act 1981 to provide for a licensing scheme for poppy
cultivation and processing and for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purpose
The main purpose of this Act is to amend the
Drugs, Poisons and Controlled Substances Act
5 1981--
(a) to provide for a licensing scheme to cultivate
alkaloid poppies and process poppy straw;
and
571330B.I-10/12/2013 1 BILL LA INTRODUCTION 10/12/2013
Drugs, Poisons and Controlled Substances (Poppy Cultivation and
Processing) Amendment Bill 2013
Part 1--Preliminary
s. 2
(b) to make other minor and consequential
amendments.
2 Commencement
(1) Subject to subsection (2), this Act comes into
5 operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
operation before 1 December 2014, it comes into
operation on that day.
3 Principal Act
10 See:
Act No.
In this Act, the Drugs, Poisons and Controlled
9719. Substances Act 1981 is called the Principal Act.
Reprint No. 10
as at
30 November
2012
and
amending
Act Nos
57/2012,
82/2012 and
70/2013
LawToday:
www.
legislation.
vic.gov.au
__________________
571330B.I-10/12/2013 2 BILL LA INTRODUCTION 10/12/2013
Drugs, Poisons and Controlled Substances (Poppy Cultivation and
Processing) Amendment Bill 2013
Part 2--Poppy Cultivation and Processing
s. 4
PART 2--POPPY CULTIVATION AND PROCESSING
4 New Part IVB inserted
After Part IVA of the Principal Act insert--
"PART IVB--LICENCES TO CULTIVATE
5 ALKALOID POPPIES AND PROCESS POPPY
STRAW
Division 1--Preliminary
69N Definitions
In this Part--
10 alkaloid poppy means a plant or any part of a
plant whether fresh or dried of--
(a) Papaver bracteatum Lindley; or
(b) Papaver somniferum L.;
alkaloid poppy register means the register
15 established under section 69T;
associate has the same meaning given in
section 69NA;
Commonwealth licence to export means a
licence to export narcotic substances
20 which relates to the export of poppy
straw under the Customs Act 1901 of
the Commonwealth;
Commonwealth licence to manufacture
means a licence to manufacture
25 narcotic drugs which relates to the
manufacturing of opiates from alkaloid
poppies under the Narcotic Drugs Act
1967 of the Commonwealth;
cultivate in relation to an alkaloid poppy
30 has the same meaning as it has in
section 70;
571330B.I-10/12/2013 3 BILL LA INTRODUCTION 10/12/2013
Drugs, Poisons and Controlled Substances (Poppy Cultivation and
Processing) Amendment Bill 2013
Part 2--Poppy Cultivation and Processing
s. 4
detention or seizure receipt means a receipt
given in accordance with section 69RC
or 69RI;
disqualified person means--
5 (a) a person who is under the age of
17 years unless the person is an
apprentice or trainee undertaking
an approved training scheme
within the meaning of the
10 Education and Training Reform
Act 2006; or
(b) a person against whom a finding
of guilt in respect of a serious
offence was made by a court
15 (whether in or outside Victoria) in
the 10 years preceding the date an
application is made under this
Part; or
(c) a person against whom a finding
20 of guilt for an offence under this
Act or an offence under a
corresponding law of another
jurisdiction was made by a court
(whether in or outside Victoria) in
25 the 5 years preceding the date an
application is made under this
Part; or
(d) a person who belongs to a
prescribed class of persons;
30 employee, in relation to a licensed grower or
a licensed processor, includes a person
who is--
(a) employed under a contract of
employment; or
35 (b) employed under a contract of
training; or
571330B.I-10/12/2013 4 BILL LA INTRODUCTION 10/12/2013
Drugs, Poisons and Controlled Substances (Poppy Cultivation and
Processing) Amendment Bill 2013
Part 2--Poppy Cultivation and Processing
s. 4
(c) engaged under any other contract
to perform a specified task
authorised under a poppy
cultivation licence or a poppy
5 processing licence;
employee identification certificate means a
certificate issued to an employee by a
licensed grower under section 69OF or
by a licensed processor under
10 section 69PF;
harvest and destruction order means an
order made under section 69RM(3);
inspector means a person authorised under
section 69R and any member of the
15 police force;
inspector identification certificate means a
certificate issued to an inspector under
section 69RA;
licence holder means--
20 (a) a licensed grower; or
(b) a licensed processor;
licensed grower means the holder of a poppy
cultivation licence;
licensed processor means the holder of a
25 poppy processing licence;
poppy cultivation licence means a licence
issued under section 69OB(2);
poppy processing licence means a licence
issued under section 69PB(2);
30 poppy straw means the upper parts of an
alkaloid poppy, including the stem and
capsule, harvested after mowing;
571330B.I-10/12/2013 5 BILL LA INTRODUCTION 10/12/2013
Drugs, Poisons and Controlled Substances (Poppy Cultivation and
Processing) Amendment Bill 2013
Part 2--Poppy Cultivation and Processing
s. 4
process, in relation to poppy straw, means--
(a) to prepare or treat poppy straw in
any manner other than refinement,
concentration, extraction or
5 reaction unless the refinement,
concentration, extraction or
reaction is for chemical analysis
for non-therapeutic use; or
(b) to store poppy straw;
10 protected information means any
information, document or thing the
production or inspection of which--
(a) is likely to reveal the identity of a
person or a member of the police
15 force who provided any
information that formed the basis
of a decision of the Chief
Commissioner of Police to oppose
the issuing or renewal of a poppy
20 cultivation licence or a poppy
processing licence; or
(b) is likely to reveal the identity of a
person whose name appears in any
evidence given or information
25 provided to a member of the
police force in the course of any
investigation; or
(c) is likely to reveal the identity of a
person who is or has been the
30 subject of an investigation
conducted by a member of the
police force; or
(d) is likely to reveal an investigation
method used by members of the
35 police force; or
571330B.I-10/12/2013 6 BILL LA INTRODUCTION 10/12/2013
Drugs, Poisons and Controlled Substances (Poppy Cultivation and
Processing) Amendment Bill 2013
Part 2--Poppy Cultivation and Processing
s. 4
(e) is likely to jeopardise the safety of
a person or member of the police
force referred to in paragraph (a),
(b) or (c); or
5 (f) is likely to put at risk an ongoing
investigation by a member of the
police force; or
(g) is otherwise not in the public
interest;
10 risk management plan means a plan that
forms part of a poppy cultivation
licence or a poppy processing licence;
Secretary means the Department Head
(within the meaning of the Public
15 Administration Act 2004) of the
Department of Environment and
Primary Industries;
seized material means any alkaloid poppies,
poppy straw or material derived from
20 alkaloid poppies or poppy straw seized
by an inspector under section 69RH;
serious offence means--
(a) an indictable offence involving
dishonesty, fraud or assault; or
25 (b) an indictable offence involving
possession, or cultivation of, or
trafficking in, a drug of
dependence; or
(c) any other indictable offence under
30 this Act; or
(d) an indictable offence under the
law of another jurisdiction
involving--
571330B.I-10/12/2013 7 BILL LA INTRODUCTION 10/12/2013
Drugs, Poisons and Controlled Substances (Poppy Cultivation and
Processing) Amendment Bill 2013
Part 2--Poppy Cultivation and Processing
s. 4
(i) dishonesty, fraud or assault;
or
(ii) possession, or cultivation of,
or trafficking in, a drug of
5 dependence;
specified premises means premises to which
a licence under this Part applies.
69NA Meaning of associate
(1) For the purposes of this Part, a person who is
10 of or above the age of 18 years is an
associate of an applicant for a poppy
cultivation licence or a poppy processing
licence or a licence holder if the person--
(a) holds any relevant financial interest, or
15 is entitled to exercise any relevant
power (whether in right of the person or
on behalf of any other person) in the
business of the applicant or the licence
holder to which the licence relates, and
20 by virtue of that interest or power, is
able to exercise a significant influence
over or with respect to the management
or operation of the business to which
the licence relates; or
25 (b) holds any relevant position, whether in
right of the person or on behalf of any
other person in the business of the
applicant or the licence holder to which
the licence relates; or
30 (c) is a relative of the applicant or the
licence holder.
571330B.I-10/12/2013 8 BILL LA INTRODUCTION 10/12/2013
Drugs, Poisons and Controlled Substances (Poppy Cultivation and
Processing) Amendment Bill 2013
Part 2--Poppy Cultivation and Processing
s. 4
(2) In subsection (1)--
relative means a person who is--
(a) a spouse of the applicant or the
licence holder by marriage;
5 (b) a domestic partner--
(i) in a registered relationship
within the meaning of the
Relationships Act 2008 with
the applicant or the licence
10 holder; or
(ii) of the applicant or the
licence holder to whom he or
she is not married but with
whom the applicant or the
15 licence holder is living as a
couple on a genuine
domestic basis (irrespective
of gender) and in
determining whether the
20 persons are domestic
partners of each other, all of
the circumstances of their
relationship are to be taken
into account, including any
25 one or more of the matters
referred to in section 35(2) of
the Relationships Act 2008
as may be relevant in a
particular case;
30 (c) a parent;
(d) a step parent;
(e) a sibling or step-sibling;
(f) a child, stepchild or adopted child;
571330B.I-10/12/2013 9 BILL LA INTRODUCTION 10/12/2013
Drugs, Poisons and Controlled Substances (Poppy Cultivation and
Processing) Amendment Bill 2013
Part 2--Poppy Cultivation and Processing
s. 4
relevant financial interest in relation to a
business means--
(a) any share in the capital of the
business; or
5 (b) any entitlement to receive any
income derived from the business;
relevant position in relation to the business
of an applicant for a poppy cultivation
licence or a poppy processing licence or
10 a licence holder means--
(a) the position of director, partner,
trustee, manager or other
executive position or secretary,
however that position is
15 designated; and
(b) any other person determined by
the Secretary to be associated or
connected with the ownership,
administration or management of
20 the operations or business of the
applicant;
relevant power means any power, whether
exercisable by voting or otherwise and
whether exercisable alone or in
25 association with others--
(a) to participate in any directorial,
managerial or executive decision;
or
(b) to elect or appoint any person to
30 any relevant position.
571330B.I-10/12/2013 10 BILL LA INTRODUCTION 10/12/2013
Drugs, Poisons and Controlled Substances (Poppy Cultivation and
Processing) Amendment Bill 2013
Part 2--Poppy Cultivation and Processing
s. 4
69NB Matters to be considered in determining a
fit and proper person
(1) For the purpose of preventing criminal
activity in the cultivation of alkaloid poppies
5 and the processing of poppy straw, the
Secretary must not issue a licence under this
Part to an applicant unless the Secretary is
satisfied that--
(a) the applicant or any associate of the
10 applicant has not been found guilty in
respect of a serious offence (whether in
or outside Victoria) during the 10 years
preceding the date of making the
application under this Part; and
15 (b) the applicant and each associate of the
applicant is a suitable person to be
concerned in or associated with the
cultivation of alkaloid poppies or the
processing of poppy straw, as the case
20 requires; and
(c) the applicant's property or premises will
be suitable for the cultivation of
alkaloid poppies or the processing of
poppy straw, as the case requires, in
25 relation to location, facilities and
proposed security arrangements; and
(d) the applicant meets the prescribed
requirements (if any).
(2) For the purpose of preventing criminal
30 activity in the cultivation of alkaloid poppies
and the processing of poppy straw, the
Secretary must not--
(a) renew a poppy cultivation licence of a
licensed grower unless the Secretary is
35 satisfied that--
571330B.I-10/12/2013 11 BILL LA INTRODUCTION 10/12/2013
Drugs, Poisons and Controlled Substances (Poppy Cultivation and
Processing) Amendment Bill 2013
Part 2--Poppy Cultivation and Processing
s. 4
(i) the licensed grower or any
associate of the licensed grower
has not been found guilty in
respect of a serious offence
5 (whether in or outside Victoria)
during the 3 years preceding the
date of making the application for
renewal under this Part; and
(ii) the licensed grower and each
10 associate of the licensed grower is
a suitable person to be concerned
in or associated with the
cultivation of alkaloid poppies;
and
15 (iii) the licensed grower's property or
premises are suitable for the
cultivation of alkaloid poppies, in
relation to location, facilities and
proposed security arrangements;
20 and
(iv) the licensed grower meets the
prescribed requirements (if any);
or
(b) renew a poppy processing licence of a
25 licensed processor unless the Secretary
is satisfied that--
(i) the licensed processor or any
associate of the licensed processor
has not been found guilty in
30 respect of a serious offence
(whether in or outside Victoria)
during the 12 months preceding
the date of making the application
for renewal under this Part; and
571330B.I-10/12/2013 12 BILL LA INTRODUCTION 10/12/2013
Drugs, Poisons and Controlled Substances (Poppy Cultivation and
Processing) Amendment Bill 2013
Part 2--Poppy Cultivation and Processing
s. 4
(ii) the licensed processor and each
associate of the licensed processor
is a suitable person to be
concerned in or associated with
5 the processing of poppy straw;
and
(iii) the licensed processor's property
or premises are suitable for the
processing of poppy straw in
10 relation to location, facilities and
proposed security arrangements;
and
(iv) the licensed processor meets the
prescribed requirements (if any).
15 (3) Without limiting subsection (1) or (2), the
Secretary may consider whether--
(a) the applicant, the licensed grower or the
licensed processor and each associate
of the applicant, the licensed grower or
20 the licensed processor is of good
repute, having regard to character,
honesty and integrity; and
(b) the applicant, the licensed grower or
the licensed processor or any associate
25 of the applicant, the licensed grower or
the licensed processor has a history of
non-compliance with the Act; and
(c) in the case of an application for a
licence, the applicant or any associate
30 of the applicant has within the 10 years
preceding the date of making the
application been found guilty by a court
(whether in or outside Victoria) of any
offence; and
571330B.I-10/12/2013 13 BILL LA INTRODUCTION 10/12/2013
Drugs, Poisons and Controlled Substances (Poppy Cultivation and
Processing) Amendment Bill 2013
Part 2--Poppy Cultivation and Processing
s. 4
(d) in the case of an application for the
renewal of a poppy cultivation licence,
the licensed grower or any associate of
the licensed grower has within the
5 3 years preceding the date of making
the application for renewal been found
guilty by a court (whether in or outside
Victoria) of any offence; and
(e) in the case of an application for the
10 renewal of a poppy processing licence,
the licensed processor or any associate
of the licensed processor has within the
12 months preceding the date of
making the application for renewal
15 been found guilty by a court (whether
in or outside Victoria) of any offence;
and
(f) in the case of an applicant, a licensed
grower or a licensed processor that is
20 not a natural person, the applicant, the
licensed grower or the licensed
processor has a satisfactory ownership,
trust or corporate structure; and
(g) the applicant, the licensed grower or the
25 licensed processor is of sound and
stable financial background; and
(h) the financial circumstances of the
applicant, the licensed grower or the
licensed processor may significantly
30 limit the person's capacity to meet the
person's obligations in conducting
activities under the licence in
compliance with the terms and
conditions applying to the relevant
35 licence.
571330B.I-10/12/2013 14 BILL LA INTRODUCTION 10/12/2013
Drugs, Poisons and Controlled Substances (Poppy Cultivation and
Processing) Amendment Bill 2013
Part 2--Poppy Cultivation and Processing
s. 4
Division 2--Poppy cultivation licence
69O Application for poppy cultivation licence
(1) A person may apply for a poppy cultivation
licence which authorises a person for
5 commercial purposes relating to therapeutic
use--
(a) to cultivate or possess alkaloid poppies;
and
(b) to sell or supply poppy straw to a
10 licensed processor at premises specified
in the licence.
(2) A person may apply for a poppy cultivation
licence for research purposes relating to non-
therapeutic use--
15 (a) to cultivate or possess alkaloid poppies;
and
(b) to conduct measurements, analyses and
extractions, including extraction of
alkaloids from alkaloid poppies for
20 chemical analyses at specified
premises; and
(c) to supply alkaloid poppies or poppy
straw to a licensed processor.
(3) An application under subsection (1) or (2)
25 must--
(a) be in writing; and
(b) be accompanied by a copy of the
proposed risk management plan; and
(c) be accompanied by the relevant
30 prescribed application fee (if any); and
(d) be accompanied by any other
prescribed particulars.
571330B.I-10/12/2013 15 BILL LA INTRODUCTION 10/12/2013
Drugs, Poisons and Controlled Substances (Poppy Cultivation and
Processing) Amendment Bill 2013
Part 2--Poppy Cultivation and Processing
s. 4
(4) An application under subsection (1) or (2)
must contain or be accompanied by evidence
to the satisfaction of the Secretary that the
applicant--
5 (a) is a fit and proper person to be given a
licence; and
(b) in the case of an application under
subsection (1), intends to undertake a
bona fide commercial activity relating
10 to the therapeutic use of alkaloid
poppies under the licence and includes
evidence of the commercial activity to
be carried out; or
(c) in the case of an application under
15 subsection (2), intends to undertake a
research activity relating to the
non-therapeutic use of alkaloid poppies
under the licence and includes evidence
that the research activity would be
20 conducted by a person with appropriate
scientific training using an appropriate
methodology.
(5) An application under subsection (1) or (2)
must contain any other information about the
25 applicant or the application which the
Secretary reasonably requires to assist in
assessing the application.
69OA Secretary must investigate application
(1) On receiving an application under
30 section 69O the Secretary--
(a) must carry out all investigations and
inquiries that the Secretary considers
necessary to determine the application;
and
571330B.I-10/12/2013 16 BILL LA INTRODUCTION 10/12/2013
Drugs, Poisons and Controlled Substances (Poppy Cultivation and
Processing) Amendment Bill 2013
Part 2--Poppy Cultivation and Processing
s. 4
(b) may conduct an inspection of the
premises that are to be specified in the
relevant licence; and
(c) may require that an applicant or any
5 associate of the applicant submit to the
Secretary a recent police record check
of the applicant or any associate of the
applicant.
(2) The Secretary must provide a copy of an
10 application made under section 69O and any
accompanying documents to the Chief
Commissioner of Police.
(3) The Chief Commissioner of Police must--
(a) inquire into and report to the Secretary
15 on any matters concerning the
application that he or she believes are
appropriate or reasonably necessary;
and
(b) inquire into and report to the Secretary
20 on any matters concerning the
application that the Secretary requests;
and
(c) within 28 days of receiving the
application from the Secretary, notify
25 the Secretary in writing of the Chief
Commissioner of Police's decision to
support or oppose the issuing of a
licence and provide the reasons for the
decision.
30 (4) If the Secretary is notified under subsection
(3)(c) that the Chief Commissioner of Police
opposes the issuing of a poppy cultivation
licence, the Secretary must not issue the
licence.
571330B.I-10/12/2013 17 BILL LA INTRODUCTION 10/12/2013
Drugs, Poisons and Controlled Substances (Poppy Cultivation and
Processing) Amendment Bill 2013
Part 2--Poppy Cultivation and Processing
s. 4
69OB Determining an application
(1) After considering an application and any
investigation under section 69OA, the
Secretary must determine the application
5 within 60 days of receiving the application.
(2) The Secretary may issue a poppy cultivation
licence to an applicant under section 69O(1)
or (2).
(3) The Secretary may refuse to issue a poppy
10 cultivation licence to an applicant under
section 69O(1) or (2).
(4) The Secretary must--
(a) notify the applicant in writing of the
decision under subsection (2); and
15 (b) if the Secretary refuses an application
under subsection (3), provide reasons
for the decision.
69OC Terms and conditions of a poppy
cultivation licence
20 (1) A poppy cultivation licence is issued for the
term, not exceeding 3 years, specified in the
licence unless it is sooner suspended or
cancelled.
(2) A poppy cultivation licence relates only to
25 the specified premises described in it.
(3) A poppy cultivation licence is subject to the
condition that the licensed grower must only
employ persons that are suitable to carry out
activities under the licence.
30 (4) A poppy cultivation licence is subject to the
condition that a licensed grower must
comply with the risk management plan under
the licence.
571330B.I-10/12/2013 18 BILL LA INTRODUCTION 10/12/2013
Drugs, Poisons and Controlled Substances (Poppy Cultivation and
Processing) Amendment Bill 2013
Part 2--Poppy Cultivation and Processing
s. 4
(5) A poppy cultivation licence is subject to the
prescribed terms, conditions, limitations and
restrictions (if any).
(6) A poppy cultivation licence is subject to the
5 terms, conditions, limitations and restrictions
specified in it including, but not limited to,
terms, conditions, limitations and restrictions
relating to the following--
(a) the species, subspecies or varieties of
10 alkaloid poppy to be cultivated; or
(b) the specified premises at which
activities authorised under the licence
may be carried out; or
(c) the implementation and maintenance of
15 satisfactory security and surveillance
measures to restrict access of
unauthorised persons to crops and
harvested material; or
(d) the keeping of records and other
20 documents; or
(e) the provision of information, records or
other documents to the Secretary
relating to--
(i) the activities carried out under the
25 licence; or
(ii) a change in the position of
director, manager, secretary or
other executive position, however
designated, or the structure of the
30 business to which the licence
relates; or
(iii) any other matter that the Secretary
reasonably requires in relation to
the licence or the licensed activity;
35 or
571330B.I-10/12/2013 19 BILL LA INTRODUCTION 10/12/2013
Drugs, Poisons and Controlled Substances (Poppy Cultivation and
Processing) Amendment Bill 2013
Part 2--Poppy Cultivation and Processing
s. 4
(f) the disposal of harvested material and
crop residue; or
(g) the inspection, sampling, supervision
and surveillance of seed of alkaloid
5 poppies, alkaloid poppies and poppy
straw by an inspector; or
(h) the destruction of alkaloid poppies,
poppy straw and any material derived
from alkaloid poppies.
10 (7) A poppy cultivation licence issued under
section 69O(1) is subject to the condition
that unless otherwise with the approval of the
Secretary, the licensed grower whilst
carrying out an activity under the licence
15 must have a contract with a licensed
processor for the processing of alkaloid
poppies cultivated under the licence that is
registered in the alkaloid poppy register.
69OD Poppy cultivation licence is not
20 transferable
A poppy cultivation licence is not
transferable to another person.
69OE Employee of licensed grower authorised to
undertake activities under licence
25 (1) For the purposes of this Act, an employee of
a licensed grower who holds a poppy
cultivation licence for commercial purposes
relating to therapeutic use, is authorised to
carry out any activity under the licence
30 involving the cultivation or possession of
alkaloid poppies or the sale or supply of
poppy straw to a licensed processor required
of the employee in the course of his or her
employment.
571330B.I-10/12/2013 20 BILL LA INTRODUCTION 10/12/2013
Drugs, Poisons and Controlled Substances (Poppy Cultivation and
Processing) Amendment Bill 2013
Part 2--Poppy Cultivation and Processing
s. 4
(2) For the purposes of this Act, an employee of
a licensed grower who holds a poppy
cultivation licence for research purposes
relating to non-therapeutic use, is authorised
5 to carry out any activity under the licence,
including the following, that is required of
the employee in the course of his or her
employment--
(a) to cultivate or possess alkaloid poppies;
10 and
(b) to conduct measurements, analyses and
extractions including extraction of
alkaloids from alkaloid poppies for
chemical analyses at specified
15 premises; and
(c) to supply alkaloid poppies or poppy
straw to a licensed processor.
(3) An employee must only undertake an
activity authorised under subsection (1)
20 or (2) in relation to his or her employment.
69OF Employee identification certificate issued
by licensed grower
(1) The licensed grower must issue an employee
identification certificate to each employee
25 that is employed to carry out activities in the
business conducted by a licensed grower
under a poppy cultivation licence.
(2) The employee identification certificate must
contain the following information--
30 (a) the employee's name;
(b) a clear photograph of the employee;
(c) the employee's date of birth;
(d) the expiry date of the employee
identification certificate;
571330B.I-10/12/2013 21 BILL LA INTRODUCTION 10/12/2013
Drugs, Poisons and Controlled Substances (Poppy Cultivation and
Processing) Amendment Bill 2013
Part 2--Poppy Cultivation and Processing
s. 4
(e) the poppy cultivation licence under
which the employee is authorised to
carry out activities required of the
employee in the course of his or her
5 employment;
(f) the prescribed information (if any).
69OG Application for renewal of licence
(1) A licensed grower may apply to the
Secretary for the renewal of a poppy
10 cultivation licence.
(2) A renewal application must be made to the
Secretary at least 2 months before the poppy
cultivation licence is due to expire.
(3) A renewal application must--
15 (a) be in writing; and
(b) be accompanied by any information
relevant to whether or not the licensed
grower is a fit and proper person; and
(c) be accompanied by the current risk
20 management plan under the poppy
cultivation licence; and
(d) be accompanied by the relevant
prescribed renewal fee (if any); and
(e) be accompanied by any other
25 information the Secretary reasonably
requires to assess the application; and
(f) contain any prescribed particulars.
(4) A poppy cultivation licence may be renewed
more than once.
571330B.I-10/12/2013 22 BILL LA INTRODUCTION 10/12/2013
Drugs, Poisons and Controlled Substances (Poppy Cultivation and
Processing) Amendment Bill 2013
Part 2--Poppy Cultivation and Processing
s. 4
69OH Secretary must investigate renewal
application
(1) On receipt of a renewal application under
section 69OG the Secretary--
5 (a) must carry out any investigation or
inquiry necessary to determine the
renewal application; and
(b) may conduct an inspection of the
specified premises of the poppy
10 cultivation licence; and
(c) may require that an applicant or any
associate of the applicant submit to the
Secretary a recent police record check
of the applicant or any associate of the
15 applicant.
(2) The Secretary must provide a copy of
a renewal application made under
section 69OG and any accompanying
documents to the Chief Commissioner of
20 Police.
(3) The Chief Commissioner of Police must--
(a) inquire into and report to the Secretary
on any matters concerning the
application that the Chief
25 Commissioner of Police believes are
appropriate or reasonably necessary;
and
(b) inquire into and report to the Secretary
on any matters concerning the renewal
30 application that the Secretary requests;
and
(c) within 28 days of receiving the
application from the Secretary notify
the Secretary in writing of the Chief
35 Commissioner of Police's decision to
571330B.I-10/12/2013 23 BILL LA INTRODUCTION 10/12/2013
Drugs, Poisons and Controlled Substances (Poppy Cultivation and
Processing) Amendment Bill 2013
Part 2--Poppy Cultivation and Processing
s. 4
support or oppose the renewal of a
licence and provide the reasons for the
decision.
(4) If the Secretary is notified under subsection
5 (3)(c) that the Chief Commissioner of Police
opposes the renewal of a poppy cultivation
licence the Secretary must not renew the
relevant licence.
69OI Determining a renewal application
10 (1) After considering a renewal application and
any investigation under section 69OH, the
Secretary must determine the renewal
application within 60 days of receiving it.
(2) The Secretary may renew a poppy
15 cultivation licence for a period not exceeding
3 years.
(3) The Secretary may refuse to renew a poppy
cultivation licence of a licensed grower.
(4) A renewed poppy cultivation licence expires
20 on the date specified by the Secretary, unless
the licence is cancelled or suspended prior to
the expiry.
(5) The Secretary must--
(a) notify the applicant in writing of the
25 decision under subsection (2); and
(b) if the Secretary refuses to renew the
poppy cultivation licence under
subsection (3), provide reasons for the
decision.
571330B.I-10/12/2013 24 BILL LA INTRODUCTION 10/12/2013
Drugs, Poisons and Controlled Substances (Poppy Cultivation and
Processing) Amendment Bill 2013
Part 2--Poppy Cultivation and Processing
s. 4
Division 3--Poppy processing licence
69P Application for poppy processing licence
(1) A person may apply to the Secretary for a
poppy processing licence which authorises a
5 person for commercial purposes relating to
therapeutic use--
(a) to receive poppy straw from a licensed
grower or from a licensed processor or
a person authorised to possess and
10 supply alkaloid poppies in another
jurisdiction; and
(b) to process and possess poppy straw at
premises specified in the licence; and
(c) to transport, sell or supply poppy straw
15 to a person who possesses a
Commonwealth licence to manufacture;
and
(d) to transport, sell or supply poppy
straw if the applicant possesses a
20 Commonwealth licence to export; and
(e) to transport, sell or supply poppy
straw to a person who possesses a
Commonwealth licence to export.
(2) A person may apply to the Secretary for a
25 poppy processing licence which authorises a
person for research purposes relating to non-
therapeutic use--
(a) to receive or process poppy straw at
premises specified in the licence; and
30 (b) to possess, transport, sell or supply
poppy straw to a licensed processor.
571330B.I-10/12/2013 25 BILL LA INTRODUCTION 10/12/2013
Drugs, Poisons and Controlled Substances (Poppy Cultivation and
Processing) Amendment Bill 2013
Part 2--Poppy Cultivation and Processing
s. 4
(3) An application under subsection (1) or (2)
must--
(a) be in writing; and
(b) be accompanied by a copy of the
5 proposed risk management plan; and
(c) be accompanied by the relevant
prescribed application fee (if any); and
(d) be accompanied by any other
prescribed particulars; and
10 (e) in the case of an application under
subsection (1), be accompanied by a
copy of a Commonwealth licence to
manufacture or a Commonwealth
licence to export, as the case requires.
15 (4) An application under subsection (1) or (2)
must contain or be accompanied by evidence
to the satisfaction of the Secretary that the
applicant--
(a) is a fit and proper person to be issued a
20 licence; and
(b) in the case of an application under
subsection (1), intends to undertake a
bona fide commercial activity relating
to the therapeutic use of poppy straw
25 including evidence of the commercial
activity to be carried out; and
(c) in the case of an application under
subsection (2), intends to undertake a
research activity relating to the non-
30 therapeutic use of poppy straw under
the licence including evidence that the
research activity would be conducted
by a person with appropriate scientific
training using appropriate
35 methodology.
571330B.I-10/12/2013 26 BILL LA INTRODUCTION 10/12/2013
Drugs, Poisons and Controlled Substances (Poppy Cultivation and
Processing) Amendment Bill 2013
Part 2--Poppy Cultivation and Processing
s. 4
(5) An application under subsection (1) or (2)
must contain any other information about the
applicant or the application which the
Secretary reasonably requires to assist in
5 assessing the application.
69PA Secretary must investigate application
(1) On receiving an application under
section 69P, the Secretary--
(a) must carry out all investigations and
10 inquiries that the Secretary considers
necessary to determine the application;
and
(b) may conduct an inspection of the
premises that are to be specified in the
15 relevant licence; and
(c) may require that an applicant or any
associate of the applicant submit to the
Secretary a recent police record check
of the applicant or any associate of the
20 applicant.
(2) The Secretary must provide a copy of an
application made under section 69P and any
accompanying documents to the Chief
Commissioner of Police.
25 (3) The Chief Commissioner of Police must--
(a) inquire into and report to the Secretary
on any matters concerning the
application that the Chief
Commissioner of Police believes are
30 appropriate or reasonably necessary;
and
(b) inquire into and report to the Secretary
on any matters concerning the
application that the Secretary requests;
35 and
571330B.I-10/12/2013 27 BILL LA INTRODUCTION 10/12/2013
Drugs, Poisons and Controlled Substances (Poppy Cultivation and
Processing) Amendment Bill 2013
Part 2--Poppy Cultivation and Processing
s. 4
(c) within 28 days of receiving the
application from the Secretary, notify
the Secretary in writing of the Chief
Commissioner of Police's decision to
5 support or oppose the issuing of a
licence and provide the reasons for the
decision.
(4) If the Secretary is notified under subsection
(3)(c) that the Chief Commissioner of Police
10 opposes the issuing of a poppy processing
licence, the Secretary must not issue the
licence.
69PB Determining an application
(1) After considering an application and any
15 investigation under section 69PA, the
Secretary must determine the application
within 60 days of receiving the application.
(2) The Secretary may issue a poppy processing
licence to an applicant under section 69P(1)
20 or (2).
(3) The Secretary may refuse to issue a poppy
processing licence to an applicant under
section 69P(1) or (2).
(4) The Secretary must--
25 (a) notify the applicant in writing of the
decision under subsection (2); and
(b) if the Secretary refuses an application
under subsection (3), provide reasons
for the decision.
30 69PC Terms and conditions of a poppy
processing licence
(1) A poppy processing licence is issued for the
term, not exceeding 12 months, specified in
the licence unless it is sooner suspended or
35 cancelled.
571330B.I-10/12/2013 28 BILL LA INTRODUCTION 10/12/2013
Drugs, Poisons and Controlled Substances (Poppy Cultivation and
Processing) Amendment Bill 2013
Part 2--Poppy Cultivation and Processing
s. 4
(2) A poppy processing licence relates only to
the premises specified in it.
(3) A poppy processing licence must specify the
maximum quantity of alkaloid poppies that
5 may be processed by a licensed processor.
(4) A poppy processing licence is subject to the
condition that a licensed processor must
comply with the risk management plan under
the licence.
10 (5) A poppy processing licence is subject to the
condition that the licensed processor must
only employ persons that are suitable to
carry out activities under the licence.
(6) A poppy processing licence is subject to the
15 prescribed terms, conditions, limitations and
restrictions (if any).
(7) A poppy processing licence is subject to the
terms, conditions, limitations and restrictions
that are specified in it including, but not
20 limited to, terms, conditions, limitations and
restrictions relating to the following--
(a) the specified premises at which the
activities authorised by the licence may
be carried out; or
25 (b) the implementation and maintenance of
satisfactory security and surveillance
measures to restrict access of
unauthorised persons to poppy straw; or
(c) the keeping of records and other
30 documents; or
(d) the provision of information, records or
other documents to the Secretary
relating to--
(i) the activities carried out under the
35 licence; or
571330B.I-10/12/2013 29 BILL LA INTRODUCTION 10/12/2013
Drugs, Poisons and Controlled Substances (Poppy Cultivation and
Processing) Amendment Bill 2013
Part 2--Poppy Cultivation and Processing
s. 4
(ii) a change in the position of
director, manager, secretary or
other executive position, however
designated, or the structure of the
5 business to which the licence
relates; or
(iii) any other matter that the Secretary
reasonably requires in relation to
the licence or the licensed activity;
10 or
(e) the disposal of poppy straw; or
(f) the inspection, supervision and
surveillance of poppy straw by an
inspector.
15 (8) A poppy processing licence referred to in
section 69P(1) is subject to the condition that
the licensed processor must hold a current
Commonwealth licence to manufacture or a
current Commonwealth licence to export
20 whilst undertaking an activity authorised by
the licence.
69PD Poppy processing licence is not
transferable
A poppy processing licence is not
25 transferable to another person.
69PE Employee of licensed processor authorised
to undertake activities under licence
(1) For the purposes of this Act, an employee of
a licensed processor who holds a poppy
30 processing licence for commercial purposes
relating to therapeutic use, is authorised to
carry out any of the following activities
under the licence that is required of the
employee in the course of his or her
35 employment--
571330B.I-10/12/2013 30 BILL LA INTRODUCTION 10/12/2013
Drugs, Poisons and Controlled Substances (Poppy Cultivation and
Processing) Amendment Bill 2013
Part 2--Poppy Cultivation and Processing
s. 4
(a) to receive poppy straw from a licensed
grower or a person authorised to
possess alkaloid poppies in another
jurisdiction; and
5 (b) to process and possess poppy straw at
specified premises; and
(c) to transport, sell or supply poppy straw
to a person who possesses a
Commonwealth licence to manufacture;
10 and
(d) to export poppy straw if the applicant
possesses a Commonwealth licence to
export.
(2) For the purposes of this Act, an employee of
15 a licensed processor who holds a poppy
processing licence for research purposes
relating to non-therapeutic use, is authorised
to carry out any activity under the licence
involving the processing, possession,
20 transportation of poppy straw or the sale or
supply of poppy straw to a licensed
processor that is required of the employee in
the course of his or her employment.
(3) An employee must only undertake an
25 activity authorised under subsection (1)
or (2) in relation to his or her employment.
69PF Employee identification certificate issued
by licensed processor
(1) The licensed processor must issue an
30 employee identification certificate to each
employee that is employed to carry out
activities in the business conducted by a
licensed processor under a poppy processing
licence.
571330B.I-10/12/2013 31 BILL LA INTRODUCTION 10/12/2013
Drugs, Poisons and Controlled Substances (Poppy Cultivation and
Processing) Amendment Bill 2013
Part 2--Poppy Cultivation and Processing
s. 4
(2) The employee identification certificate must
contain the following information--
(a) the employee's name;
(b) a clear photograph of the employee;
5 (c) the employee's date of birth;
(d) the expiry date of the employee
identification certificate;
(e) the poppy processing licence under
which the employee is authorised to
10 carry out activities required of the
employee in the course of his or her
employment;
(f) the prescribed information (if any).
69PG Application for renewal of licence
15 (1) A licensed processor may apply to the
Secretary for the renewal of a poppy
processing licence.
(2) A renewal application must be made to the
Secretary at least 2 months before the poppy
20 processing licence is due to expire.
(3) A renewal application must--
(a) be in writing; and
(b) be accompanied by any information
relevant to whether or not the licensed
25 processor is a fit and proper person; and
(c) be accompanied by the current risk
management plan under the poppy
processing licence; and
(d) be accompanied by a copy of the
30 licensed processor's current
Commonwealth licence to manufacture
or current Commonwealth licence to
export; and
571330B.I-10/12/2013 32 BILL LA INTRODUCTION 10/12/2013
Drugs, Poisons and Controlled Substances (Poppy Cultivation and
Processing) Amendment Bill 2013
Part 2--Poppy Cultivation and Processing
s. 4
(e) be accompanied by the relevant
prescribed renewal fee (if any); and
(f) be accompanied by any other
information the Secretary reasonably
5 requires to assess the application; and
(g) contain any prescribed particulars.
(4) A poppy processing licence may be renewed
more than once.
69PH Secretary must investigate renewal
10 application
(1) On receipt of a renewal application under
section 69PG, the Secretary--
(a) must carry out any investigation or
inquiry necessary to determine the
15 renewal application; and
(b) may conduct an inspection of the
specified premises of the poppy
processing licence; and
(c) may require that an applicant or any
20 associate of the applicant submit to the
Secretary a recent police record check
of the applicant or any associate of the
applicant.
(2) The Secretary must provide a copy of
25 a renewal application made under
section 69PG and any accompanying
documents to the Chief Commissioner of
Police.
(3) The Chief Commissioner of Police must--
30 (a) inquire into and report to the Secretary
on any matters concerning the
application that the Chief
Commissioner of Police believes are
571330B.I-10/12/2013 33 BILL LA INTRODUCTION 10/12/2013
Drugs, Poisons and Controlled Substances (Poppy Cultivation and
Processing) Amendment Bill 2013
Part 2--Poppy Cultivation and Processing
s. 4
appropriate or reasonably necessary;
and
(b) inquire into and report to the Secretary
on any matters concerning the renewal
5 application that the Secretary requests;
and
(c) within 28 days of receiving the
application from the Secretary, notify
the Secretary in writing of the Chief
10 Commissioner of Police's decision to
support or oppose the renewal of a
licence and provide the reasons for the
decision.
(4) If the Secretary is notified under subsection
15 (3)(c) that the Chief Commissioner of Police
opposes the renewal of a poppy processing
licence the Secretary must not renew the
licence.
69PI Determining a renewal application
20 (1) After considering a renewal application and
any investigation under section 69PH, the
Secretary must determine the renewal
application within 60 days of receiving it.
(2) The Secretary may renew a poppy
25 processing licence for a period not exceeding
12 months.
(3) The Secretary may refuse to renew a poppy
processing licence of a licensed processor.
(4) A renewed poppy processing licence expires
30 on the date specified by the Secretary unless
the licence is cancelled or suspended prior to
the expiry.
571330B.I-10/12/2013 34 BILL LA INTRODUCTION 10/12/2013
Drugs, Poisons and Controlled Substances (Poppy Cultivation and
Processing) Amendment Bill 2013
Part 2--Poppy Cultivation and Processing
s. 4
(5) The Secretary must--
(a) notify the applicant in writing of the
decision under subsection (2); and
(b) if the Secretary refuses to renew the
5 poppy processing licence under
subsection (3), provide reasons for the
decision.
Division 4--General provisions applying to a
poppy cultivation licence or poppy processing
10 licence
69Q Amendment of licences
(1) The Secretary may--
(a) amend an existing term, condition,
limitation or restriction to which a
15 poppy cultivation licence or poppy
processing licence is subject; or
(b) impose a new term, condition,
limitation or restriction on the poppy
cultivation licence or the poppy
20 processing licence.
(2) The Secretary may exercise a power under
subsection (1)--
(a) on the application of the licensed
grower or the licensed processor; or
25 (b) in the Secretary's discretion.
(3) The Secretary must determine an application
made under subsection (2)(a) within 28 days
of receiving the application.
(4) The Secretary must notify the licensed
30 grower or the licensed processor, in writing
within 7 business days, if an amendment to a
licence is made under subsection (1)(a)
or (b).
571330B.I-10/12/2013 35 BILL LA INTRODUCTION 10/12/2013
Drugs, Poisons and Controlled Substances (Poppy Cultivation and
Processing) Amendment Bill 2013
Part 2--Poppy Cultivation and Processing
s. 4
(5) An application by a licensed grower or a
licensed processor made under subsection
(2)(a) must--
(a) be in writing; and
5 (b) be accompanied by the relevant
prescribed fee (if any); and
(c) be accompanied by any prescribed
particulars.
69QA Suspension or cancellation of licences
10 (1) The Secretary, by notice in writing to the
licensed grower or the licensed processor,
may suspend or cancel the relevant licence
if--
(a) the licensed grower or the licensed
15 processor requests suspension or
cancellation; or
(b) the licensed grower or the licensed
processor has not complied with the
terms, conditions, limitations or
20 restrictions of the licence; or
(c) the licensed grower or the licensed
processor has failed to comply with this
Part or the regulations applying under
this Part; or
25 (d) the Secretary is satisfied that the
licensed grower or the licensed
processor or any associate of the
licensed grower or the licensed
processor is no longer a fit and proper
30 person to be concerned with or
associated with, as the case requires--
(i) the cultivation of alkaloid poppies;
or
(ii) the processing of poppy straw; or
571330B.I-10/12/2013 36 BILL LA INTRODUCTION 10/12/2013
Drugs, Poisons and Controlled Substances (Poppy Cultivation and
Processing) Amendment Bill 2013
Part 2--Poppy Cultivation and Processing
s. 4
(e) the Secretary is satisfied that the
specified premises--
(i) of the licensed grower are no
longer suitable for the cultivation
5 of alkaloid poppies; or
(ii) of the licensed processor are no
longer suitable for the processing
of poppy straw; or
(f) the Secretary is satisfied that the
10 licensed grower or the licensed
processor obtained the relevant licence
by fraud, misrepresentation or
concealment of facts; or
(g) the Chief Commissioner of Police
15 requests suspension or cancellation on
the basis of protected information
concerning the licensed grower or the
licensed processor; or
(h) the licensed grower or the licensed
20 processor ceases to carry on the
research or commercial activity to
which the relevant licence relates.
(2) If a poppy cultivation licence or a poppy
processing licence is suspended or cancelled
25 under subsection (1) the Secretary must--
(a) notify the Chief Commissioner of
Police regarding the suspension or
cancellation; and
(b) in the case of a poppy cultivation
30 licence, notify a licensed processor who
has a registered contract with the
licensed grower within 7 business days
of the suspension or cancellation taking
effect; or
571330B.I-10/12/2013 37 BILL LA INTRODUCTION 10/12/2013
Drugs, Poisons and Controlled Substances (Poppy Cultivation and
Processing) Amendment Bill 2013
Part 2--Poppy Cultivation and Processing
s. 4
(c) in the case of a poppy processing
licence, notify the licensed grower who
has a contract registered in the alkaloid
poppy register with the licensed
5 processor within 7 business days of the
suspension or cancellation taking
effect.
(3) A poppy cultivation licence or a poppy
processing licence ceases to have effect on
10 the suspension or cancellation of the licence
under this section.
Division 5--Inspection and enforcement
69R Inspectors under this Part
(1) The Secretary, by instrument, may authorise
15 the following persons to be inspectors for the
purposes of all or any specified provisions of
this Part--
(a) any person employed under Part 3 of
the Public Administration Act 2004;
20 or
(b) any other appropriately qualified
person.
(2) The Secretary may determine the terms and
conditions of authorisation of any inspector.
25 (3) The terms and conditions of authorisation of
an inspector may contain general directions
as to how the inspector's powers may be
exercised.
(4) The Secretary, in writing, may vary or
30 revoke the authorisation of an inspector at
any time.
571330B.I-10/12/2013 38 BILL LA INTRODUCTION 10/12/2013
Drugs, Poisons and Controlled Substances (Poppy Cultivation and
Processing) Amendment Bill 2013
Part 2--Poppy Cultivation and Processing
s. 4
69RA Inspectors identification certificate
(1) The Secretary must issue an identification
certificate to each inspector (other than an
inspector who is a member of the police
5 force) which sets out the provisions of this
Part for which the inspector is authorised to
be an inspector.
(2) In the course of performing his or her
functions under this Part, an inspector must
10 produce his or her identification certificate to
any person who requests its production.
(3) In this Part, a reference to an identification
certificate in relation to an inspector who is a
member of the police force is a reference to
15 written evidence of the fact that he or she is a
member of the police force.
69RB General powers of inspector
(1) For the purposes of determining compliance
with this Part or a licence issued under this
20 Part, an inspector, with any assistance he or
she thinks necessary, at any reasonable time
may do all or any of the following--
(a) enter and inspect any place, other than
premises used as a residence, occupied
25 by any person who is the licensed
grower or the licensed processor; and
(b) inspect, count, examine or mark for
identification any alkaloid poppy or
poppy straw in the place; and
30 (c) intercept, inspect and examine any
vehicle or machine which an inspector
reasonably believes is being used for
the harvest of alkaloid poppies and
transport of poppy straw; and
571330B.I-10/12/2013 39 BILL LA INTRODUCTION 10/12/2013
Drugs, Poisons and Controlled Substances (Poppy Cultivation and
Processing) Amendment Bill 2013
Part 2--Poppy Cultivation and Processing
s. 4
(d) require a person to produce any
document that the inspector reasonably
requires for ascertaining whether this
Part or a poppy cultivation licence or a
5 poppy processing licence is being
complied with--
(i) to examine the document; and
(ii) to make copies of it or take
extracts from it; and
10 (iii) to remove the document for as
long as is reasonably necessary to
make copies or take extracts; and
(e) take or remove for examination
samples of or from, or specimens of,
15 soil, any alkaloid poppy or poppy straw
or any other plant or crop to
determine--
(i) whether the alkaloid poppy or
poppy straw has been cultivated or
20 processed in accordance with the
relevant licence; or
(ii) that its possession is in accordance
with the relevant licence; and
(f) submit any sample or specimen taken in
25 accordance with this Part to a
laboratory or place approved by the
Secretary for examination and testing.
(2) An inspector must not exercise any powers
under this Part if the inspector fails to
30 produce his or her identification certificate
for inspection on request by the occupier of
the place or the person in charge or apparent
control of the place.
571330B.I-10/12/2013 40 BILL LA INTRODUCTION 10/12/2013
Drugs, Poisons and Controlled Substances (Poppy Cultivation and
Processing) Amendment Bill 2013
Part 2--Poppy Cultivation and Processing
s. 4
69RC Procedure on seizing a document, thing or
taking a sample
(1) Subject to section 69RI, if an inspector
seizes a document or thing or takes a sample
5 of, or from, a thing at the premises occupied
by the licensed grower or the licensed
processor, the inspector must give a
detention or seizure receipt for the document
or thing or sample to the licensed grower or
10 the licensed processor from whom it was
taken.
(2) If an inspector is unable to give a detention
or seizure receipt to the relevant licensed
grower or licensed processor in respect of a
15 document or thing or sample seized, the
inspector must--
(a) leave the detention or seizure receipt
with, or post it to, the licensed grower
or the licensed processor that occupies
20 the premises from which the document
or thing or sample was seized; and
(b) if a document is seized, leave a copy of
the document, if practicable, with, or
post it to, the licensed grower or the
25 licensed processor that occupies the
premises from which the document was
seized.
(3) A detention or seizure receipt must--
(a) identify the seized document, thing or
30 sample taken; and
(b) state the name of the inspector who
seized the document, thing or took the
sample; and
(c) state the reason why the document or
35 thing was seized or the sample was
taken.
571330B.I-10/12/2013 41 BILL LA INTRODUCTION 10/12/2013
Drugs, Poisons and Controlled Substances (Poppy Cultivation and
Processing) Amendment Bill 2013
Part 2--Poppy Cultivation and Processing
s. 4
(4) If an inspector proposes to take a sample
under section 69RB(1)(e) the inspector
must--
(a) divide the sample into 3 parts; and
5 (b) give one part to the licensed grower or
the licensed processor, as the case
requires, and retain one part for
examination and one part untouched for
future comparison.
10 69RD Power to use electronic equipment at
premises
(1) This section applies if--
(a) while acting under section 69RB, an
inspector finds a thing at the premises
15 that is or includes a disk, tape or other
device for the storage of information;
and
(b) there is at the premises equipment that
may be used with the disk, tape or other
20 storage device; and
(c) the inspector believes, on reasonable
grounds, that information stored in the
disk, tape or other storage device may
be relevant to determine whether this
25 Part has been contravened.
(2) An inspector may operate or may require the
licensed grower or the licensed processor or
an employee of the licensed grower or the
licensed processor to operate the equipment
30 to access the information.
571330B.I-10/12/2013 42 BILL LA INTRODUCTION 10/12/2013
Drugs, Poisons and Controlled Substances (Poppy Cultivation and
Processing) Amendment Bill 2013
Part 2--Poppy Cultivation and Processing
s. 4
69RE Power to copy information on electronic
storage devices
If an inspector finds that a disk, tape or other
storage device at the premises contains
5 information that the inspector believes, on
reasonable grounds, stores information that
is relevant to determine whether this Part has
been complied with, the inspector may--
(a) put the information in a documentary
10 form and seize the documents so
produced; or
(b) copy the information to another disk,
tape or other storage device and remove
that disk, tape or storage device from
15 the premises.
69RF Inspector must not damage equipment
An inspector must not operate equipment for
a purpose set out in section 69RD or 69RE
unless the inspector believes, on reasonable
20 grounds, that the operation can be carried out
without damage to the equipment.
69RG Inspector may possess alkaloid poppies or
poppy straw
For the purposes of this Act, an inspector is
25 authorised to have alkaloid poppies or poppy
straw in his or her possession in the exercise
or performance of any power, function or
duty conferred on him or her by this Part or
the regulations made under this Part.
30 69RH Inspector has power to detain or seize
alkaloid poppies or poppy straw
An inspector may detain or seize any
alkaloid poppies, poppy straw or material
derived from alkaloid poppies or poppy
35 straw and deal with it in accordance with
571330B.I-10/12/2013 43 BILL LA INTRODUCTION 10/12/2013
Drugs, Poisons and Controlled Substances (Poppy Cultivation and
Processing) Amendment Bill 2013
Part 2--Poppy Cultivation and Processing
s. 4
section 69RI if the inspector believes on
reasonable grounds that--
(a) in the case of a poppy cultivation
licence, the licensed grower has
5 contravened this Part or the poppy
cultivation licence; or
(b) in the case of a poppy processing
licence, the licensed processor has
contravened this Part or the poppy
10 processing licence; or
(c) the relevant licence has been suspended
or cancelled under this Part.
69RI Procedure on detaining or seizing alkaloid
poppies or poppy straw
15 (1) If an inspector detains or seizes any seized
material under section 69RH, the inspector
must immediately--
(a) make a written record of the detention
or seizure; and
20 (b) give a detention or seizure receipt to the
licensed grower or the licensed
processor, as the case requires, that--
(i) identifies the seized material
taken; and
25 (ii) states the name of the inspector
who detained or seized the seized
material; and
(iii) states the reasons for the detention
or seizure; and
30 (c) in the case of an inspector who is not a
member of the police force, send a copy
of the detention or seizure receipt to the
Secretary; and
571330B.I-10/12/2013 44 BILL LA INTRODUCTION 10/12/2013
Drugs, Poisons and Controlled Substances (Poppy Cultivation and
Processing) Amendment Bill 2013
Part 2--Poppy Cultivation and Processing
s. 4
(d) in the case of an inspector who is a
member of the police force, send a copy
of the detention or seizure receipt to the
Chief Commissioner of Police and the
5 Secretary.
(2) If an inspector detains or seizes any seized
material under section 69RH, the inspector,
with any assistance necessary, may take or
send the seized material to a place approved
10 by the Secretary for it to be examined, tested
or stored.
(3) This section does not limit or prevent the
exercise of any power by a member of the
police force to commence a proceeding in
15 respect of compliance with this Part in
relation to any seized material.
69RJ Secretary has power to dispose or deal
with seized alkaloid poppies or poppy
straw
20 (1) This section applies if--
(a) the Secretary is satisfied on reasonable
grounds that this Part has been
contravened; and
(b) the relevant licensed grower or licensed
25 processor has surrendered the seized
material to the Secretary and agreed
that the Secretary may deal with the
seized material.
(2) In dealing with seized material to which this
30 section applies, the Secretary may do any of
the following--
(a) dispose of the seized material;
(b) direct the licensed grower or the
licensed processor (as the case requires)
35 to dispose of the seized material;
571330B.I-10/12/2013 45 BILL LA INTRODUCTION 10/12/2013
Drugs, Poisons and Controlled Substances (Poppy Cultivation and
Processing) Amendment Bill 2013
Part 2--Poppy Cultivation and Processing
s. 4
(c) harvest and deal with the seized
material as appropriate;
(d) harvest and destroy the seized material;
(e) enter into an agreement with the
5 licensed grower or the licensed
processor (as the case requires), or any
other person, to deal with the seized
material as required in all of the
circumstances;
10 (f) anything reasonably necessary to
ensure the security of the seized
material.
69RK Retention and return of seized alkaloid
poppies or poppy straw
15 (1) If an inspector seizes any seized material
under section 69RH, subject to section 69RJ,
the Secretary with any assistance necessary
must--
(a) take reasonable steps to release or
20 return the seized material to the
licensed grower or the licensed
processor from whom it was seized or
its lawful owner if the reason for its
detention or seizure no longer exists; or
25 (b) retain any seized material that is
required for evidence in a legal
proceeding in a place approved by the
Secretary.
(2) If the seized material has not been returned
30 to the licensed grower or the licensed
processor from whom it was seized or its
lawful owner within 3 months after it was
seized, the Secretary must take reasonable
steps to return it to that licensed grower or
35 licensed processor or lawful owner (as the
case requires) unless--
571330B.I-10/12/2013 46 BILL LA INTRODUCTION 10/12/2013
Drugs, Poisons and Controlled Substances (Poppy Cultivation and
Processing) Amendment Bill 2013
Part 2--Poppy Cultivation and Processing
s. 4
(a) proceedings for the purpose for which
the seized material was retained have
commenced within that 3 month period
and those proceedings (including any
5 appeal) have not been completed; or
(b) the Magistrates' Court makes an order
under section 69RL extending the
period during which the seized material
may be retained.
10 69RL Magistrates' Court may extend 3 month
period
(1) The Secretary may apply to the Magistrates'
Court for an extension (not exceeding
3 months) of the period during which the
15 seized material may be retained--
(a) within 3 months after the seized
material is seized under section 69RH;
or
(b) if an extension has been granted under
20 this section, before the end of the
period of the extension.
(2) The Magistrates' Court may make an order
extending the period that the seized material
is to be retained if satisfied that--
25 (a) the making of the order is in the
interests of justice; and
(b) the total period of retention does not
exceed 12 months; and
(c) retention of the seized material is
30 necessary for the purposes of an
investigation into whether a
contravention of this Part has occurred.
(3) At least 7 days prior to the hearing of an
application under subsection (1), the
35 Secretary must give notice of the application
571330B.I-10/12/2013 47 BILL LA INTRODUCTION 10/12/2013
Drugs, Poisons and Controlled Substances (Poppy Cultivation and
Processing) Amendment Bill 2013
Part 2--Poppy Cultivation and Processing
s. 4
to the licensed grower or the licensed
processor, as the case requires, from whom
the alkaloid poppies, poppy straw or material
derived from alkaloid poppies or poppy
5 straw were seized or its lawful owner
described in the application.
69RM Forfeiture, harvest and destruction of
alkaloid poppies or poppy straw
(1) The Secretary may apply to the Magistrates'
10 Court for a harvest and destruction order if
the Secretary--
(a) is satisfied on reasonable grounds that a
licensed grower or a licensed processor
has contravened this Part; and
15 (b) has cancelled the relevant licence.
(2) The Magistrates' Court may make an order
that the seized material of the licensed
grower or the licensed processor, as the case
requires, be forfeited to the Crown and be
20 dealt with in accordance with a harvest and
destruction order made under subsection (3)
if satisfied that--
(a) the relevant seized material poses a risk
to public health and safety; and
25 (b) in all the circumstances it is appropriate
to make a harvest and destruction order
in regards to the relevant seized
material.
(3) The Magistrates' Court may make any of
30 the following harvest and destruction orders
(as the case requires)--
(a) an order that the relevant seized
material be harvested;
571330B.I-10/12/2013 48 BILL LA INTRODUCTION 10/12/2013
Drugs, Poisons and Controlled Substances (Poppy Cultivation and
Processing) Amendment Bill 2013
Part 2--Poppy Cultivation and Processing
s. 4
(b) an order that the relevant seized
material be destroyed;
(c) an order that the relevant seized
material be harvested and destroyed.
5 (4) The Magistrates' Court may--
(a) give any direction necessary to enable
the Secretary to carry out the harvest
and destruction order; and
(b) authorise the Secretary to give any
10 appropriate direction to harvest or
destroy the seized material (as the case
requires) to which the order relates.
69RN Recovery of costs
If the Secretary incurs any costs in carrying
15 out a harvest and destruction order the
Secretary may recover those costs in any
court of competent jurisdiction as a debt due
to the Crown.
69RO Inspector may access ratepayer
20 information
(1) For the purposes of exercising a power under
this Part, an inspector may require a person
having custody of any records relating to
ratepayers (within the meaning of the Local
25 Government Act 1989) to provide the
inspector with--
(a) the name and address or other contact
details of a ratepayer--
(i) who is a licensed grower or a
30 licensed processor; or
(ii) who is an applicant for a poppy
cultivation licence or a poppy
processing licence; or
571330B.I-10/12/2013 49 BILL LA INTRODUCTION 10/12/2013
Drugs, Poisons and Controlled Substances (Poppy Cultivation and
Processing) Amendment Bill 2013
Part 2--Poppy Cultivation and Processing
s. 4
(b) the address or description of any land in
respect of which the ratepayer is liable
to pay rates and charges under Part 8 of
the Local Government Act 1989 if the
5 ratepayer--
(i) is a licensed grower or a licensed
processor; or
(ii) is an applicant for a licence under
this Part.
10 (2) An inspector may make a record of any
information provided to the inspector under
subsection (1).
(3) An inspector must not be charged a fee for
anything done, or required to be done, by the
15 inspector under this section.
69RP Protection against self-incrimination
It is a reasonable excuse for a natural person
to refuse or fail to give information or do any
other thing that the person is required to do
20 by or under this Part, if the giving of the
information or the doing of that thing would
tend to incriminate the person.
69RQ Power to issue infringement notices
(1) An inspector may serve an infringement
25 notice on a person who the inspector has
reason to believe has committed a prescribed
offence.
(2) An offence referred to in subsection (1) for
which an infringement notice may be served
30 is an infringement offence within the
meaning of the Infringements Act 2006.
571330B.I-10/12/2013 50 BILL LA INTRODUCTION 10/12/2013
Drugs, Poisons and Controlled Substances (Poppy Cultivation and
Processing) Amendment Bill 2013
Part 2--Poppy Cultivation and Processing
s. 4
69RR Infringement penalty
The infringement penalty for an offence
against this Part is the prescribed
infringement penalty in respect of that
5 offence.
Division 6--Offences
69S Offence to fail to report the amendment or
cancellation of a contract
A licensed grower who holds a poppy
10 cultivation licence under section 69O(1)
must report to the Secretary within 3
business days any amendment to a contract
registered in the alkaloid poppy register that
does one or more of the following--
15 (a) amends the duration of the contract;
(b) amends the maximum quantity of
alkaloid poppies that may be cultivated
under the contract;
(c) amends the date the contract expires;
20 (d) cancels the contract.
Penalty: 100 penalty units.
69SA Offence to fail to report amendment or
cancellation
A licensed processor must inform the
25 Secretary within 10 business days if a
Commonwealth licence to manufacture or a
Commonwealth licence to export required
for the current poppy processing licence held
by the licensed processor is amended or
30 cancelled.
Penalty: 100 penalty units.
571330B.I-10/12/2013 51 BILL LA INTRODUCTION 10/12/2013
Drugs, Poisons and Controlled Substances (Poppy Cultivation and
Processing) Amendment Bill 2013
Part 2--Poppy Cultivation and Processing
s. 4
69SB Offence to fail to report on any change of
details of the licensed grower or the
licensed processor
(1) A licensed grower or a licensed processor
5 must report any specified information
referred to in subsection (2) in respect of a
poppy cultivation licence or a poppy
processing licence to the Secretary within
7 business days.
10 Penalty: 100 penalty units.
(2) For the purposes of subsection (1), specified
information is--
(a) any change to the details of the licensed
grower or the licensed processor that
15 appears on the poppy cultivation
licence or the poppy processing licence;
or
(b) any associate other than those provided
to the Secretary in the application for a
20 poppy cultivation licence or a poppy
processing licence; or
(c) the signing of a personal insolvency
agreement or any declaration of
bankruptcy that applies to the licence
25 grower or the licence processor; or
(d) any offence that the licensed grower
or the licensed processor has been
found guilty of by a court in Victoria or
elsewhere, after the date of the
30 application for the poppy cultivation
licence or the poppy processing licence
(as the case requires) was sent to the
Secretary; or
(e) any serious offence that an associate
35 of the licensed grower or the licensed
processor has been found guilty of by a
571330B.I-10/12/2013 52 BILL LA INTRODUCTION 10/12/2013
Drugs, Poisons and Controlled Substances (Poppy Cultivation and
Processing) Amendment Bill 2013
Part 2--Poppy Cultivation and Processing
s. 4
court in Victoria or elsewhere, after the
date of the application for the poppy
cultivation licence or the poppy
processing licence (as the case requires)
5 was sent to the Secretary; or
(f) any information that the name of an
associate of a licensed grower or a
licensed processor provided to the
Secretary by the licensed grower or the
10 licensed processor, in a successful
application under this Part, has been
changed; or
(g) the entering by a licensed grower or a
licensed processor that is not a natural
15 person into voluntary administration,
liquidation or receivership.
69SC Offence to fail to surrender licence on
suspension or cancellation
Within 14 days of the suspension or
20 cancellation of a poppy cultivation licence
or a poppy processing licence under
section 69QA a person must surrender to the
Secretary--
(a) the relevant licence; and
25 (b) any related document issued to the
person.
Penalty: 20 penalty units.
69SD Offence to contravene a licence
(1) A licensed grower must not contravene a
30 prescribed minor term, condition, limitation
or restriction to which the poppy cultivation
licence is subject.
Penalty: 20 penalty units.
571330B.I-10/12/2013 53 BILL LA INTRODUCTION 10/12/2013
Drugs, Poisons and Controlled Substances (Poppy Cultivation and
Processing) Amendment Bill 2013
Part 2--Poppy Cultivation and Processing
s. 4
(2) A licensed grower must not contravene the
terms, conditions, limitations or restrictions
to which the poppy cultivation licence is
subject which is not a prescribed minor term,
5 condition, limitation or restriction.
Penalty: 100 penalty units or 12 months
imprisonment or both.
(3) A licensed processor must not contravene a
prescribed minor term, condition, limitation
10 or restriction to which the poppy processing
licence is subject.
Penalty: 20 penalty units.
(4) A licensed processor must not contravene the
terms, conditions, limitations or restrictions
15 to which the poppy processing licence is
subject which is not a prescribed minor term,
condition, limitation or restriction.
Penalty: 100 penalty units or 12 months
imprisonment or both.
20 69SE Offence to fail to prohibit access to
premises
(1) A licensed grower must not permit any other
person to enter the area of land where
alkaloid poppies are being cultivated unless
25 that other person is--
(a) an employee of the licensed grower
who is employed to undertake an
activity authorised under the poppy
cultivation licence; or
30 (b) a licensed processor; or
571330B.I-10/12/2013 54 BILL LA INTRODUCTION 10/12/2013
Drugs, Poisons and Controlled Substances (Poppy Cultivation and
Processing) Amendment Bill 2013
Part 2--Poppy Cultivation and Processing
s. 4
(c) a party to a contract registered in the
alkaloid poppy register with the
relevant licensed grower or an
employee of the relevant licensed
5 processor.
Penalty: 100 penalty units.
(2) A licensed processor must not permit any
other person to enter the specified premises
unless that other person is an employee of
10 the licensed processor who is employed--
(a) to carry out an activity in the business
conducted by a licensed processor
under the poppy processing licence; or
(b) to undertake an activity authorised
15 under the poppy processing licence.
Penalty: 100 penalty units.
(3) A licensed grower must not permit any other
person to enter the area of land where
alkaloid poppies are being cultivated unless
20 that other person is accompanied at all
times--
(a) by the licensed grower; or
(b) by an employee of the licensed grower
who is employed to undertake an
25 activity authorised under the poppy
cultivation licence; or
(c) by an inspector.
Penalty: 100 penalty units.
(4) A licensed processor must not permit any
30 other person to enter the specified premises
unless the other person is accompanied at all
times--
571330B.I-10/12/2013 55 BILL LA INTRODUCTION 10/12/2013
Drugs, Poisons and Controlled Substances (Poppy Cultivation and
Processing) Amendment Bill 2013
Part 2--Poppy Cultivation and Processing
s. 4
(a) by the licensed processor; or
(b) by an employee of the licensed
processor who is employed to
undertake an activity authorised under
5 the poppy processing licence; or
(c) by an inspector.
Penalty: 100 penalty units.
69SF Offence to fail to carry and produce
identification certificate
10 (1) An employee of a licensed grower or a
licensed processor who has been issued with
an employee identification certificate must
carry the certificate with him or her during
the performance of any activity authorised
15 under the relevant licence.
Penalty: 60 penalty units.
(2) An employee of a licensed grower or a
licensed processor must produce his or her
employee identification certificate on the
20 request of an inspector.
Penalty: 60 penalty units.
69SG Offence to employ disqualified persons
under licence
(1) A licensed grower must not employ a
25 disqualified person in the business conducted
under the poppy cultivation licence.
Penalty: 60 penalty units.
(2) A licensed processor must not employ a
disqualified person in the business conducted
30 under the poppy processing licence.
Penalty: 60 penalty units.
571330B.I-10/12/2013 56 BILL LA INTRODUCTION 10/12/2013
Drugs, Poisons and Controlled Substances (Poppy Cultivation and
Processing) Amendment Bill 2013
Part 2--Poppy Cultivation and Processing
s. 4
69SH Offence for disqualified person to be
employed by licensed grower or licensed
processor
(1) A disqualified person must not accept
5 employment to carry out activities in the
business conducted by a licensed grower
under a poppy cultivation licence.
Penalty: 60 penalty units.
(2) A disqualified person must not accept
10 employment to carry out activities in the
business conducted by a licensed processor
under a poppy processing licence.
Penalty: 60 penalty units.
69SI Employee must comply with terms and
15 conditions of licence
(1) A licensed grower must take reasonable
steps to prevent an employee of the licensed
grower contravening the terms, conditions,
limitations or restrictions of the poppy
20 cultivation licence and the applicable
requirements of this Part in carrying out an
activity authorised by the licence.
Penalty: 60 penalty units.
(2) A licensed processor must take reasonable
25 steps to prevent an employee of the licensed
processor contravening the terms, conditions,
limitations or restrictions of the licence and
the applicable requirements of this Part in
carrying out an activity authorised by the
30 licence.
Penalty: 60 penalty units.
(3) A licensed grower must take reasonable
steps to provide each employee of the
licensed grower carrying out an activity
35 authorised under the poppy cultivation
571330B.I-10/12/2013 57 BILL LA INTRODUCTION 10/12/2013
Drugs, Poisons and Controlled Substances (Poppy Cultivation and
Processing) Amendment Bill 2013
Part 2--Poppy Cultivation and Processing
s. 4
licence with sufficient and appropriate
information, instruction, training and
supervision to be able to carry out that
activity in accordance with the licence.
5 Penalty: 60 penalty units.
(4) A licensed processor must take reasonable
steps to provide each employee of the
licensed processor carrying out an activity
authorised under the poppy processing
10 licence with sufficient and appropriate
information, instruction, training and
supervision to be able to carry out that
activity in accordance with the licence.
Penalty: 60 penalty units.
15 (5) An employee must cooperate with the
licensed grower in relation to any direction
given, or action taken, by the licensed
grower or by any person authorised by the
licensed grower, in order to comply with
20 subsection (1) or (3).
Penalty: 60 penalty units.
(6) An employee must cooperate with the
licensed processor in relation to any
direction given, or action taken, by the
25 licensed processor or by any person
authorised by the licensed processor, in order
to comply with subsection (2) or (4).
Penalty: 60 penalty units.
69SJ Criminal liability of licensed grower or
30 licensed processor--failure to exercise due
diligence
(1) If an employee of a licensed grower or a
licensed processor commits an offence
against this Part, the relevant licensed grower
35 or licensed processor also commits an
571330B.I-10/12/2013 58 BILL LA INTRODUCTION 10/12/2013
Drugs, Poisons and Controlled Substances (Poppy Cultivation and
Processing) Amendment Bill 2013
Part 2--Poppy Cultivation and Processing
s. 4
offence against this Part, if the licensed
grower or the licensed processor failed to
exercise due diligence to prevent the
commission of the offence by the employee.
5 (2) A licensed grower or a licensed processor
referred to in subsection (1) is liable to a
penalty not exceeding the maximum penalty
that applies to the offence against this Part
committed by the employee.
10 (3) In determining whether a licensed grower or
a licensed processor failed to exercise due
diligence, a court may have regard to--
(a) whether or not the licensed grower or
the licensed processor permitted or
15 authorised the act or omission of the
employee in the course of his or her
employment that constituted the
offence against this Part; and
(b) what steps the licensed grower or the
20 licensed processor took, or could
reasonably have taken, to prevent the
commission of the offence by the
employee.
(4) Without limiting any other defence available
25 to a licensed grower or a licensed processor,
the relevant licensed grower or licensed
processor may rely on a defence that would
be available to the employee of the licensed
grower or the licensed processor if (as the
30 case requires)--
(a) the employee were charged with the
offence with which the licensed grower
or the licensed processor is charged;
and
571330B.I-10/12/2013 59 BILL LA INTRODUCTION 10/12/2013
Drugs, Poisons and Controlled Substances (Poppy Cultivation and
Processing) Amendment Bill 2013
Part 2--Poppy Cultivation and Processing
s. 4
(b) in doing so, the licensed grower or the
licensed processor bears the same
burden of proof that the employee
would bear.
5 (5) A licensed grower or a licensed processor
may commit an offence against this Part
whether or not the employee of the licensed
grower or the licensed processor, as the case
requires, has been prosecuted for, or found
10 guilty of, an offence against this Part.
69SK Offence to fail to provide an identification
certificate for employees
(1) A licensed grower must issue to each
employee authorised in respect of the poppy
15 cultivation licence an employee
identification certificate that contains the
information required under section 69OF(2).
Penalty: 60 penalty units.
(2) A licensed processor must issue to each
20 employee authorised in respect of the poppy
processing licence an employee
identification certificate that contains the
information required under section 69PF(2).
Penalty: 60 penalty units.
25 69SL Offence to hinder or obstruct inspector
(1) A person must not, without reasonable
excuse, hinder or obstruct an inspector in the
exercise of a power under this Part.
Penalty: 100 penalty units.
30 (2) A person must not, without reasonable
excuse, fail to comply with any direction,
requirement or order of an inspector under
this Part.
Penalty: 100 penalty units.
571330B.I-10/12/2013 60 BILL LA INTRODUCTION 10/12/2013
Drugs, Poisons and Controlled Substances (Poppy Cultivation and
Processing) Amendment Bill 2013
Part 2--Poppy Cultivation and Processing
s. 4
69SM Offence to remove detained or seized
alkaloid poppies or poppy straw
A person must not, while a detention or
seizure notice remains in effect, remove the
5 whole or any part of an alkaloid poppy,
poppy straw or material derived from an
alkaloid poppy or poppy straw to which the
notice relates, without the authorisation of
the Secretary or an inspector.
10 Penalty: 100 penalty units.
Division 7--Alkaloid Poppy Register
69T Alkaloid poppy register
(1) The Secretary must establish and maintain
the alkaloid poppy register.
15 (2) The alkaloid poppy register is to contain the
following information in respect of each
registrable contract--
(a) the name of each party to the contract;
(b) the location of the specified premises;
20 (c) the date the contract was entered into
by the parties;
(d) any other relevant information provided
by an applicant or licensed grower or
licensed processor to an inspector or the
25 Secretary;
(e) the details of the relevant poppy
cultivation licence or poppy processing
licence;
(f) any relevant information collected or
30 received by an inspector to determine
the compliance of a licensed grower or
a licensed processor with this Part;
(g) any other prescribed information.
571330B.I-10/12/2013 61 BILL LA INTRODUCTION 10/12/2013
Drugs, Poisons and Controlled Substances (Poppy Cultivation and
Processing) Amendment Bill 2013
Part 2--Poppy Cultivation and Processing
s. 4
69TA Request to register a contract
(1) The Secretary, if requested to do so by a
licensed grower, may register a contract
between the licensed grower and a licensed
5 processor in the alkaloid poppy register if the
contract--
(a) is a valid contract; and
(b) includes details of the specified
premises and area of land where it is
10 proposed to cultivate alkaloid poppies;
and
(c) specifies the period of the contract; and
(d) includes any other prescribed
particulars (if any).
15 (2) If a licensed grower makes a request under
subsection (1), the Secretary must, within
7 days--
(a) register the contract; or
(b) refuse to register the contract.
20 (3) On making a decision under subsection (2)
the Secretary must--
(a) notify the licensed grower and the
licensed processor who are the parties
to the contract of that decision; and
25 (b) provide reasons for the decision if
the decision was a refusal under
subsection (2)(b).
69TB Access to the alkaloid poppy register
restricted
30 (1) The Secretary must ensure that the alkaloid
poppy register, or any part of the alkaloid
poppy register, is only accessed by a
prescribed person, or class of prescribed
571330B.I-10/12/2013 62 BILL LA INTRODUCTION 10/12/2013
Drugs, Poisons and Controlled Substances (Poppy Cultivation and
Processing) Amendment Bill 2013
Part 2--Poppy Cultivation and Processing
s. 4
person, who is authorised to do so by the
Secretary.
(2) The Secretary must ensure that personal
information in the alkaloid poppy register is
5 only disclosed in accordance with this Act.
69TC Person with access to alkaloid poppy
register not to disclose personal
information from it
(1) Unless a disclosure is authorised under this
10 section, a person authorised to have access to
the alkaloid poppy register or any part of the
alkaloid poppy register must not disclose to
any person the following information in the
alkaloid poppy register--
15 (a) any personal information;
(b) the location of specified premises;
(c) commercial in confidence information.
Penalty: 100 penalty units or 12 months
imprisonment or both.
20 (2) The Secretary or a person authorised to have
access to the alkaloid poppy register or any
part of the alkaloid poppy register may
disclose personal information in the alkaloid
poppy register to a Department or public
25 statutory authority--
(a) for the purpose of law enforcement; or
(b) as required by or under any Act or law;
or
(c) if the Secretary or a person authorised
30 to have access to the alkaloid poppy
register believes on reasonable grounds
that to do so is necessary to enable the
proper administration of the Act.
571330B.I-10/12/2013 63 BILL LA INTRODUCTION 10/12/2013
Drugs, Poisons and Controlled Substances (Poppy Cultivation and
Processing) Amendment Bill 2013
Part 2--Poppy Cultivation and Processing
s. 4
69TD Delegation
The Secretary, by instrument, may delegate
any powers or functions of the Secretary
under this Part, other than this power of
5 delegation, to a person or class of persons
employed under Part 3 of the Public
Administration Act 2004.
Division 8--Review by VCAT
69U Refusal of licence or renewal of licence on
10 grounds of protected information
(1) If the Chief Commissioner of Police opposes
the issuing or renewal of a poppy cultivation
licence or a poppy processing licence wholly
or partly on the basis of protected
15 information, to the extent that the Chief
Commissioner's reasons for that decision
relate to protected information--
(a) the Chief Commissioner of Police must
inform the Secretary in writing; and
20 (b) the requirement under section
69OB(4)(b), 69OI(5)(b), 69PB(4)(b)
or 69PI(5)(b) to provide reasons for the
decision do not apply; and
(c) the Secretary and the applicant are not
25 entitled to be provided with those
reasons.
(2) If a person is not entitled under subsection
(1) to some or all of the reasons for a
decision under section 69OA(3)(c),
30 69OH(3)(c), 69PA(3)(c) or 69PH(3)(c)--
571330B.I-10/12/2013 64 BILL LA INTRODUCTION 10/12/2013
Drugs, Poisons and Controlled Substances (Poppy Cultivation and
Processing) Amendment Bill 2013
Part 2--Poppy Cultivation and Processing
s. 4
(a) the Chief Commissioner of Police must
create a written record of the reasons
for the decision; and
(b) the Secretary must notify the applicant
5 that the application has been denied on
the basis of protected information; and
(c) the Secretary must inform the applicant
that--
(i) the Chief Commissioner of Police
10 has created a written record of the
reasons for the decision that relate
to the protected information; and
(ii) the reasons are not able to be
disclosed to the applicant; and
15 (iii) he or she is entitled to seek review
of the Secretary's decision by
VCAT; and
(d) if the applicant seeks review of the
decision by VCAT, the Chief
20 Commissioner of Police must provide
the reasons to VCAT.
(3) Section 8 of the Administrative Law Act
1978 does not apply to a decision to which
this section applies.
25 69UA Review by VCAT
(1) A person may apply to VCAT for review of
a decision of the Secretary--
(a) to refuse to issue a poppy cultivation
licence or a poppy processing licence to
30 that person; or
571330B.I-10/12/2013 65 BILL LA INTRODUCTION 10/12/2013
Drugs, Poisons and Controlled Substances (Poppy Cultivation and
Processing) Amendment Bill 2013
Part 2--Poppy Cultivation and Processing
s. 4
(b) to refuse to issue to that person or to
renew a poppy cultivation licence or a
poppy processing licence wholly or
partly on the basis of protected
5 information; or
(c) to refuse to renew a poppy cultivation
licence or a poppy processing licence
held by that person; or
(d) to refuse to register a contract between
10 a licensed grower and a licensed
processor in the alkaloid poppy
register; or
(e) to suspend, cancel or amend a poppy
cultivation licence or a poppy
15 processing licence held by that person.
(2) An application for review under subsection
(1) must be made within 28 days after the
later of--
(a) the day on which the decision is made;
20 or
(b) if, under the Victorian Civil and
Administrative Tribunal Act 1998,
the person requests a statement of
reasons for the decision, the day on
25 which the statement of reasons is given
to the person or the person is informed
under section 46(5) of that Act that a
statement of reasons will not be given.
69UB VCAT to inquire on grounds for refusal
30 If VCAT receives an application for review
under section 69UA(1)(a), (c) or (e), VCAT
must enquire of the Secretary whether the
grounds for the refusal, suspension,
cancellation or amendment were based on
35 any protected information.
571330B.I-10/12/2013 66 BILL LA INTRODUCTION 10/12/2013
Drugs, Poisons and Controlled Substances (Poppy Cultivation and
Processing) Amendment Bill 2013
Part 2--Poppy Cultivation and Processing
s. 4
69UC Appointment of special counsel
(1) VCAT must appoint a special counsel to
represent the interests of the applicant--
(a) if in response to a request under
5 section 69UB, the Secretary informs
VCAT in writing that a decision was
based on protected information; or
(b) on receipt of an application for review
under section 69UA(1)(b).
10 (2) A special counsel must be a barrister within
the meaning of the Legal Profession Act
2004 who, in the opinion of VCAT, has the
appropriate skills and ability to represent the
interests of the party at the hearing.
15 (3) At any time before the special counsel
attends the hearing or obtains any
confidential affidavit in relation to the
application for the purpose of obtaining
information or instructions from the party or
20 representative in relation to the proceeding
the special counsel may communicate with--
(a) the party whose interests he or she is
representing; or
(b) any representative of that party.
25 (4) Subject to section 69UE(3), at any time after
the special counsel commences to attend the
hearing or obtains any confidential affidavit
in relation to the application, the special
counsel--
30 (a) must not take instructions from the
party whose interests he or she is
representing, or from any representative
of that party; and
571330B.I-10/12/2013 67 BILL LA INTRODUCTION 10/12/2013
Drugs, Poisons and Controlled Substances (Poppy Cultivation and
Processing) Amendment Bill 2013
Part 2--Poppy Cultivation and Processing
s. 4
(b) must not communicate any other
information in relation to the hearing to
that party or a representative of that
party without leave of VCAT, except to
5 communicate any order made by
VCAT at or in relation to the hearing.
(5) A special counsel may be required to sign a
confidentiality undertaking to VCAT.
69UD Procedure for hearing--protected
10 information
(1) If, in response to a request under section
69UB, the Secretary informs VCAT in
writing that the decision was based on
protected information or the application for
15 review was made under section 69UA(1)(b),
VCAT must, at the hearing of the
application, first determine whether or not
the information is protected information.
(2) For the purposes of making a determination
20 under subsection (1), VCAT may hold a
hearing or any part of it in private.
(3) If VCAT determines to hold a hearing
or part of a hearing in private under
subsection (2)--
25 (a) only the Chief Commissioner of Police
and the special counsel are entitled to
be present; and
(b) each party that is entitled to be present
has a right to make submissions as to--
30 (i) whether evidence supporting the
grounds for refusal to issue or to
renew the relevant licence, the
cancellation or the suspension of
the relevant licence amounts to
35 protected information; and
571330B.I-10/12/2013 68 BILL LA INTRODUCTION 10/12/2013
Drugs, Poisons and Controlled Substances (Poppy Cultivation and
Processing) Amendment Bill 2013
Part 2--Poppy Cultivation and Processing
s. 4
(ii) the weight that should be given to
that evidence; and
(iii) the character of the applicant,
being evidence indicating whether
5 the applicant is a fit and proper
person to hold a poppy cultivation
licence or a poppy processing
licence; and
(iv) whether, in all the circumstances,
10 the poppy cultivation licence or
the poppy processing licence
should be renewed or issued to the
applicant.
(4) After hearing the evidence of the Chief
15 Commissioner of Police and the special
counsel under subsection (3), VCAT must
decide whether or not any of the evidence
adduced amounts to protected information.
(5) If VCAT decides that none of the evidence
20 adduced under subsection (3) amounts to
protected information, VCAT must admit the
applicant to the proceeding and subsection
(3) ceases to apply to the conduct of the
hearing.
25 69UE Decision of VCAT where protected
information exists
(1) Without limiting any other power of VCAT
conferred by or under this Part or any other
Act, if VCAT decides that any of the
30 evidence adduced under section 69UD(3) is
protected information, that subsection
continues to apply to the hearing of the
proceeding to the extent that it relates to that
protected information.
571330B.I-10/12/2013 69 BILL LA INTRODUCTION 10/12/2013
Drugs, Poisons and Controlled Substances (Poppy Cultivation and
Processing) Amendment Bill 2013
Part 2--Poppy Cultivation and Processing
s. 4
(2) In making a determination in a proceeding to
which subsection (1) applies, VCAT must
decide--
(a) what weight to give the protected
5 information and any other evidence
adduced; and
(b) whether, in all the circumstances, the
poppy cultivation licence or the poppy
processing licence should be issued to
10 the applicant, renewed or reinstated
(as the case may be).
(3) If VCAT decides that any of the evidence
adduced under section 69UD(3) is protected
information--
15 (a) VCAT must take all steps and
precautions to prevent release of that
information; and
(b) if the special counsel wishes to seek
further instructions from the applicant
20 on one or more occasions in relation to
that protected information, the special
counsel may do so only by submitting
written questions for the approval of
VCAT after hearing any submissions
25 from the Chief Commissioner of Police
on their content.
(4) Despite section 117 of the Victorian Civil
and Administrative Tribunal Act 1998,
any order issued by VCAT in relation to a
30 decision under this section must only state--
(a) whether the decision of the Secretary is
upheld or overturned; and
(b) if the poppy cultivation licence or the
poppy processing licence is not issued,
35 reinstated or renewed (as the case
requires), that the applicant or each
571330B.I-10/12/2013 70 BILL LA INTRODUCTION 10/12/2013
Drugs, Poisons and Controlled Substances (Poppy Cultivation and
Processing) Amendment Bill 2013
Part 2--Poppy Cultivation and Processing
s. 4
relevant person in relation to the
application has failed to meet the fit
and proper person requirements.
(5) For the avoidance of doubt, VCAT may
5 publish reasons for its decision to the extent
that those reasons do not relate to protected
information.
69UF General provisions for hearing matters
involving protected information
10 (1) For the purposes of a hearing to which
section 69UD or 69UE applies, VCAT must
be constituted by a presidential member.
(2) At any time before a final determination has
been made by VCAT on a matter to which
15 section 69UD or 69UE applies--
(a) the Secretary may change his or her
decision and renew or issue or reinstate
the poppy cultivation licence or the
poppy processing licence; and
20 (b) if the poppy cultivation licence or the
poppy processing licence is renewed or
issued or reinstated (as the case
requires), the proceeding terminates
immediately.
25 (3) The following provisions do not apply to a
proceeding for as long as section 69UD
or 69UE applies--
(a) Subdivision 1 of Division 3 of Part 3
and sections 49 and 101 of the
30 Victorian Civil and Administrative
Tribunal Act 1998;
(b) section 8 of the Administrative Law
Act 1978.
571330B.I-10/12/2013 71 BILL LA INTRODUCTION 10/12/2013
Drugs, Poisons and Controlled Substances (Poppy Cultivation and
Processing) Amendment Bill 2013
Part 2--Poppy Cultivation and Processing
s. 4
(4) Subsection (3) does not apply to any extent
that the proceedings do not involve protected
information.
Division 9--Regulations
5 69V Regulations
(1) The Governor in Council may make
regulations for or with respect to the
following--
(a) the cultivation of alkaloid poppies;
10 (b) the processing of poppy straw;
(c) classes of persons that are disqualified
persons;
(d) prescribing fees or levies to recover any
compliance or administrative costs;
15 (e) prescribing terms, conditions,
limitations and restrictions to which
licences issued under this Part will be
subject;
(f) particulars to be included in any
20 application for the issue, renewal or
amendment of a poppy cultivation
licence or a poppy processing licence;
(g) restricting, limiting or prohibiting
premises, vehicles or machines used or
25 intended to be used in connection with
the cultivation and destruction of
alkaloid poppies or the processing or
destruction of poppy straw;
(h) limiting or prohibiting transport of
30 poppy straw, including in relation to
specific geographical areas or regions
in Victoria;
571330B.I-10/12/2013 72 BILL LA INTRODUCTION 10/12/2013
Drugs, Poisons and Controlled Substances (Poppy Cultivation and
Processing) Amendment Bill 2013
Part 2--Poppy Cultivation and Processing
s. 4
(i) the distance required to separate
alkaloid poppies and poppy straw at a
specified premises from any other
place;
5 (j) matters to be considered by the
Secretary in relation to the suitability of
specified premises for the cultivation of
alkaloid poppies or processing of poppy
straw;
10 (k) fencing of specified premises and
standard of fencing required to separate
alkaloid poppies and poppy straw from
a public place or any other premises;
(l) requirements of signage at specified
15 premises and information to be
displayed at a specified premises, or on
equipment or vehicles used for or in
connection with the growing or
harvesting of alkaloid poppies or the
20 processing of poppy straw;
(m) the manner in which searches,
detentions and seizures under this Part
are to be carried out;
(n) records to be kept in relation to alkaloid
25 poppy cultivation or poppy straw
processing;
(o) prescribing a penalty of not more than
100 penalty units for any contravention
of or failure to comply with the
30 regulations made under this Part.
(2) Regulations made under this Part may--
(a) be of general or limited application;
(b) differ according to differences in time,
place or circumstances;
571330B.I-10/12/2013 73 BILL LA INTRODUCTION 10/12/2013
Drugs, Poisons and Controlled Substances (Poppy Cultivation and
Processing) Amendment Bill 2013
Part 2--Poppy Cultivation and Processing
s. 4
(c) apply to different classes of person and
licences;
(d) provide for different fees for different
activities or classes of activity or
5 different cases or classes of cases;
(e) provide for waiver or reduction of fees;
(f) in the case of applications for the issue
or renewal of licences, specify fees that
reflect the cost of administration of, and
10 the provision of, inspection services in
connection with this Part;
(g) confer powers or discretions or impose
duties on the Secretary or an inspector;
(h) exempt specified persons or things or
15 classes of person or classes of thing
from complying with all or any of the
regulations--
(i) whether unconditionally or on
specified conditions; and
20 (ii) either wholly or to such an extent
as is specified; and
(iii) leave any matter to be required to
be undertaken in a manner
approved by the Secretary.
25 __________________".
__________________
571330B.I-10/12/2013 74 BILL LA INTRODUCTION 10/12/2013
Drugs, Poisons and Controlled Substances (Poppy Cultivation and
Processing) Amendment Bill 2013
Part 3--Other Amendments
s. 5
PART 3--OTHER AMENDMENTS
5 List of licences and permits
In section 118(1) of the Principal Act, for
"34 or 56" substitute "34, 56 or Part IVB".
5 6 Evidentiary
In section 119(ea) of the Principal Act--
(a) after "Part IVA" insert "or a holder of a
licence under Part IVB";
(b) after "Department of" insert "Environment
10 and".
7 General regulations
After section 132(zcd) of the Principal Act
insert--
"(zce) any matter or thing required to be prescribed
15 for the purposes of Part IVB;".
__________________
571330B.I-10/12/2013 75 BILL LA INTRODUCTION 10/12/2013
Drugs, Poisons and Controlled Substances (Poppy Cultivation and
Processing) Amendment Bill 2013
Part 4--Repeal of Amending Act
s. 8
PART 4--REPEAL OF AMENDING ACT
8 Repeal of amending Act
This Act is repealed on 1 December 2015.
Note
5 The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
571330B.I-10/12/2013 76 BILL LA INTRODUCTION 10/12/2013
Drugs, Poisons and Controlled Substances (Poppy Cultivation and
Processing) Amendment Bill 2013
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
571330B.I-10/12/2013 77 BILL LA INTRODUCTION 10/12/2013
[Index] [Search] [Download] [Related Items] [Help]