Industrial Hemp Act 2015 (Tas)

Industrial Hemp Act 2015

An Act to authorise and regulate the cultivation of industrial hemp and for related purposes [Royal Assent 2 November 2015]

Be it enacted by Her Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary

1. Short title This Act may be cited as the Industrial Hemp Act 2015 .

2. Commencement This Act commences on a day to be proclaimed.

3. Act binds Crown This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities.

4. Interpretation In this Act, unless the contrary intention appears – certified hemp seed means seed certified, in accordance with the regulations, as seed that will typically produce hemp plants with a concentration of THC in the leaves and flowering heads of not more than 0.5%; 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; criminal history, in relation to a person, means any conviction of, and finding of guilt against, the person other than an annulled conviction, within the meaning of the Annulled Convictions Act 2003 ; cultivate includes the following: (a) plant a seed, seedling or cutting; (b) graft, divide or transplant a plant; (c) nurture, tend, grow or harvest a plant; drug-related offence means an indictable offence under the Misuse of Drugs Act 2001 , the Poisons Act 1971 or the Criminal Code Act 1924 or under a corresponding law; fit and proper, in relation to a person – see section 4A ; function includes power, authority and duty; hemp means any plant of the genus Cannabis; industrial hemp means any plant of the genus Cannabis that – (a) has been grown from certified hemp seed; and (b) has a concentration of THC in the leaves and flowering heads of not more than 1% – and includes the seed of any such plant and any product derived from any such plant; industrial hemp licence means an industrial hemp licence issued in accordance with section 12 ; inspector means – (a) a person appointed to hold the office of inspector under section 22 ; or (b) a police officer; licence means an industrial hemp licence, or a special research licence, in force under this Act; premises includes the following: (a) a building or structure; (b) land or a place (whether built on or not); (c) a conveyance; records includes plans, specifications, maps, reports, books and other documents whether in writing, in electronic form or otherwise; regulations means regulations made under this Act; responsible officer, in relation to a licence, means the person who is appointed as the responsible officer in relation to the licence under section 21A ; Secretary means the Secretary of the Department; sell means sell by wholesale or retail and includes the following: (a) agree to sell; (b) offer or expose for sale; (c) keep, or possess, for sale; (d) deal in, barter or exchange; (e) send, forward, deliver or receive for sale; (f) authorise, direct, cause, permit, or suffer any of the things in paragraph (a) , (b) , (c) , (d) or (e) to be done; special research licence means a special research licence issued in accordance with section 14 ; supply includes the following: (a) deliver, sell, trade, give or distribute, whether for valuable consideration or not; (b) offer or agree to supply; (c) cause or permit to supply; (d) hold in possession for the purpose of supply; (e) produce or pack for the purpose of supply; THC means delta-9-tetrahydrocannabinol.