Hemp Industry Act 2008 (NSW)

Hemp Industry Act 2008 No 58

An Act to authorise and regulate the cultivation and supply of low-THC hemp for commercial production and other legitimate uses; to amend the Drug Misuse and Trafficking Act 1985; and for other purposes

Part 1 Preliminary

1 Name of Act This Act is the Hemp Industry Act 2008.

2 Commencement (1) This Act commences on a day or days to be appointed by proclamation, except as provided by subsection (2). (2) Section 3 and Schedules 1 and 2.1 [1] and [3] commence on the date of assent to this Act.

3 Definitions (1) In this Act— authorised officer means a person appointed by the Secretary under section 18. close associate—see section 4. corresponding authority means an authority issued under a corresponding law that, in the opinion of the Secretary, is similar to a licence under this Act. corresponding law means a law of another Australian jurisdiction that is declared by the regulations to be a corresponding law for the purposes of this Act. cultivate includes grow, harvest or produce. Department means Regional NSW. drug related offence means an indictable offence under the Drug Misuse and Trafficking Act 1985 or under a corresponding law. exercise a function includes perform a duty. function includes a power, authority or duty. licence means a licence under this Act. low-THC hemp means any plant of the genus Cannabis, by whatever name that plant may be called, that has a concentration of THC in its leaves and flowering heads of no more than 1%, and includes the seed of any such plant and any product (such as oil, fibre or resin) derived from any such plant. premises includes— (a) a building or structure, or (b) land or a place (whether built on or not), or (c) a vehicle, vessel or aircraft. records includes plans, specifications, maps, reports, books and other documents (whether in writing, in electronic form or otherwise). Secretary means the Secretary of the Department. sell includes sell whether by wholesale or retail or dispose of by barter or exchange, and also includes dealing in, agreeing to sell, or offering or exposing for sale, or keeping or having in possession for sale, or sending, forwarding, delivering or receiving for sale or on sale, or authorising, directing, causing, suffering, permitting or attempting any of those acts or things. supply includes sell and distribute, and also includes agreeing to supply, or offering to supply, or keeping or having in possession for supply, or sending, forwarding, delivering or receiving for supply, or authorising, directing, causing, suffering, permitting or attempting any of those acts or things. THC means tetrahydrocannabinol. (2) Notes included in this Act do not form part of this Act.