Victorian Current Acts

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DRUGS, POISONS AND CONTROLLED SUBSTANCES ACT 1981 - SECT 69N

Definitions

In this Part—

"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 established under section 69T;

"associate" has the same meaning given in section 69NA;

"Commonwealth licence to export" means a licence to export narcotic substances 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 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 has the same meaning as it has in section 70;

"detention or seizure receipt" means a receipt given in accordance with section 69RC or  69RI;

"disqualified person" means—

        (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 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 (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 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 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;

"employee", in relation to a licensed grower or a licensed processor, includes a person who is—

        (a)     employed under a contract of employment; or

        (b)     employed under a contract of training; or

        (c)     engaged under any other contract to perform a specified task authorised under a poppy cultivation licence or a poppy 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 section 69PF;

"harvest and destruction order" means an order made under section 69RM(3);

S. 69N def. of inspector amended by No. 37/2014 s. 10(Sch. item 47.23(a)).

"inspector" means a person authorised under section 69R and any police officer;


"inspector identification certificate" means a certificate issued to an inspector under section 69RA;

"licence holder "means—

        (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 poppy processing licence;

S. 69N def. of national criminal history check inserted by No. 22/2022 s. 70(a).

"national criminal history check", in relation to a person, means a check of the criminal history of the person in or outside of Australia with or through a police force or other authority of Victoria, another State, a Territory or the Commonwealth;

"poppy cultivation licence" means a licence issued under section 69OB(2);

"poppy processing licence" means a licence issued under section 69PB(2) ;

"poppy straw" means the upper parts of an alkaloid poppy, including the stem and capsule, harvested after mowing;

"process", in relation to poppy straw, means—

        (a)     to prepare or treat poppy straw in any manner other than refinement, concentration, extraction or reaction unless the refinement, concentration, extraction or reaction is for chemical analysis for non-therapeutic use; or

        (b)     to store poppy straw;

S. 69N def. of protected information amended by Nos 37/2014 s. 10(Sch. item 47.23(b)), 22/2022 s. 70(b)–(e).

"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 police officer who provided any information that is relevant to a decision of the Chief Commissioner of Police to—

              (i)     oppose the issue or renewal of a poppy cultivation licence or a poppy processing licence; or

              (ii)     request the suspension or cancellation of a poppy 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 provided to a police officer in the course of any investigation; or

        (c)     is likely to reveal the identity of a person who is or has been the subject of an investigation conducted by a police officer; or

        (d)     is likely to reveal an investigation method, intelligence gathering method, investigative technique or technology or covert practice used by police officers; or

        (e)     is likely to jeopardise the safety of a person or police officer referred to in paragraph (a), (b) or (c); or

        (f)     is likely to put at risk any investigation by a police officer; or

        (fa)     may prejudice any investigation or criminal proceeding; or

        (g)     is otherwise not in the public interest;

"risk management plan" means a plan that forms part of a poppy cultivation licence or a poppy processing licence;

S. 69N def. of Secretary amended by No. 22/2022 s. 70(f).

"Secretary" means the Department Head (within the meaning of the Public Administration Act 2004 ) of the Department of Jobs, Precincts and Regions;

"seized material" means any alkaloid poppies, poppy straw or material derived from 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

        (b)     an indictable offence involving possession, or cultivation of, or trafficking in, a drug of dependence; or

        (c)     any other indictable offence under this Act; or

        (d)     an indictable offence under the law of another jurisdiction involving—

              (i)     dishonesty, fraud or assault; or

              (ii)     possession, or cultivation of, or trafficking in, a drug of dependence;

"specified premises" means premises to which a licence under this Part applies.

S. 69NA inserted by No. 13/2014 s. 4.



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