Poppy Industry Act 2016 (NSW)

Poppy Industry Act 2016 No 37

An Act to facilitate and regulate the cultivation of alkaloid poppies and the receipt and supply of material derived from alkaloid poppies for use in manufacturing or producing therapeutic goods and in scientific research, analysis, education and training; to amend the Drug Misuse and Trafficking Act 1985 and the Poisons and Therapeutic Goods Act 1966; and for other purposes.

Part 1 Preliminary

1 Name of Act This Act is the Poppy Industry Act 2016.

2 Commencement This Act commences on a day or days to be appointed by proclamation.

3 Object of Act (1) The object of this Act is to facilitate and regulate the cultivation of alkaloid poppies and the receipt and supply of material derived from alkaloid poppies for use in manufacturing or producing therapeutic goods and in scientific research, analysis, education and training. (2) That object is to be achieved by— (a) establishing a scheme of licences and permits to authorise activities relating to alkaloid poppies or material derived from alkaloid poppies, and (b) ensuring that the authorised activities are limited to activities supporting the manufacture or production of therapeutic goods, whether in or outside Australia, or scientific research, analysis, education or training, and (c) regulating the authorised activities in a manner designed— (i) to keep alkaloid poppies and certain material derived from alkaloid poppies secure and ensure that they are not diverted for unlawful purposes, and (ii) to minimise the risk of environmental harm or harm to humans arising from the activities.

4 Definitions (1) In this Act— alkaloid poppy means a plant of— (a) a class specified in the regulations, or (b) if the regulations do not specify a class—the species Papaver bracteatum or Papaver somniferum. alkaloid poppy material means— (a) poppy straw, however prepared or treated, or (b) any other thing derived from alkaloid poppies declared by the regulations to be alkaloid poppy material. amend a poppy licence or poppy permit includes— (a) vary or revoke a condition of the licence or permit, and (b) impose a further condition on the licence or permit. authorised officer means— (a) a person appointed as an authorised officer under Part 3, or (b) a police officer. corporation includes any body corporate. criminal intelligence means— (a) information classified by the Commissioner of Police as criminal intelligence within the meaning of the Crimes (Criminal Organisations Control) Act 2012, or (b) information declared by the Supreme Court under that Act to be criminal intelligence, or (c) other information of a kind specified in the regulations. cultivate alkaloid poppies means— (a) sow seeds of alkaloid poppies, or (b) plant, grow, tend or nurture alkaloid poppies, or (c) graft, divide or transplant alkaloid poppies, or (d) any other activity declared by the regulations to comprise cultivating alkaloid poppies. cultivation licence—see section 7 (1) (a). designated person for a poppy licence or poppy permit means— (a) the holder of the licence or permit, or (b) a person employed or engaged by the holder of the licence or permit for the activities authorised by the licence or permit, or (c) a person who is a designated person for a related licence or permit. director of a corporation includes a person occupying or acting in the position of director or member of the governing body of the corporation, by whatever name called and whether or not validly appointed to occupy or duly authorised to act in the position. fit and proper person—see section 5. government sector agency has the same meaning as in the Government Sector Employment Act 2013. government sector employee means an employee of a government sector agency. harvest alkaloid poppies includes any activity declared by the regulations to comprise harvesting of alkaloid poppies. interstate poppy licence means a licence or other form of authority under a law of another State or Territory declared by the regulations to correspond to a poppy licence. interstate processing licence means a licence or other form of authority under a law of another State or Territory declared by the regulations to correspond to a processing licence. manufacturing, export or research licence means— (a) a licence under the Narcotic Drugs Act 1967 of the Commonwealth, or the Therapeutic Goods Act 1989 of the Commonwealth, that authorises the manufacture of a drug or therapeutic goods from alkaloid poppy material, or (b) a licence under the Customs Act 1901 of the Commonwealth that authorises the export of alkaloid poppy material, or (c) a licence or authority under the Poisons and Therapeutic Goods Act 1966, or under a corresponding law of another State or Territory, that authorises the manufacture of a drug or therapeutic goods from alkaloid poppy material, or (d) a licence or authority under the law of the Commonwealth or a State or Territory that authorises the use of alkaloid poppies or alkaloid poppy material in scientific research, analysis, education or training, or (e) any other licence or form of authority declared by the regulations to be a manufacturing, export or research licence. poppy licence means a cultivation licence or processing licence. poppy permit—see section 7 (1) (c). poppy straw means the upper parts of alkaloid poppies (including the stems and capsules) that are harvested. processing licence—see section 7 (1) (b). prohibited drug has the same meaning as in the Drug Misuse and Trafficking Act 1985. prohibited plant has the same meaning as in the Drug Misuse and Trafficking Act 1985. related licence or permit—a poppy licence or poppy permit is related to another poppy licence or poppy permit if an authorisation attaches or will attach to the same alkaloid poppies or alkaloid poppy material under both of the licences, both of the permits or both the licence and the permit. Secretary means the Secretary of the Department that is responsible under the Minister for the administration of this Act. supply includes— (a) sale and any other form of supply, and (b) offer to sell or supply, but does not include export from Australia. therapeutic goods has the same meaning as in the Therapeutic Goods Act 1989 of the Commonwealth. transport means transport by road, rail, air or sea (other than only on or above private land).