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—means a person appointed by the Secretary under section 18.close associate—see section 4.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.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.s 3: Am 2010 No 59, Sch 2.43; 2016 No 27, Sch 2.21 [2]; 2020 No 30, Sch 3.19; 2022 No 59, Sch 1.20[1] [2]; 2023 No 7, Sch 1.9[1].
4 Meaning of “close associate”
(1) For the purposes of this Act, a person is a close associate of an applicant for, or the holder of, a licence if the person—(a) holds or will hold any relevant financial interest, or is or will be entitled to exercise any relevant power (whether in his or her own right or on behalf of any other person), in the business of the licence applicant or holder, and by virtue of that interest or power is or will be able (in the opinion of the Secretary) to exercise a significant influence over or with respect to the conduct of that business, or(b) holds or will hold any relevant position, whether in his or her own right or on behalf of any other person, in the business of the licence applicant or holder.(2) In this section—relevant financial interest in relation to a business means—(a) any share in the capital of the business, or(b) any entitlement to receive any income derived from the business, whether the entitlement arises at law or in equity or otherwise.relevant position means the position of director, manager or secretary or any executive position, however designated, if it is an executive position.relevant power means any power, whether exercisable by voting or otherwise and whether exercisable alone or in association with others—(a) to participate in any directorial, managerial or executive decision, or(b) to elect or appoint any person to any relevant position.
Part 2 Licensing scheme
5 Licence to cultivate or supply low-THC hemp
The Secretary may grant a licence authorising a person to cultivate or supply low-THC hemp for any one or more of the following purposes—(a) for commercial production,(b) for use in any manufacturing process,(c) for scientific research, instruction, analysis or study,(d) for any other purpose prescribed by the regulations.Note—The possession of low-THC hemp is not an offence under the Drug Misuse and Trafficking Act 1985 if it is cultivated or supplied under the authority of this Act.Note—See section 3 for the definition of low-THC hemp, which includes resins and other products derived from certain low-THC Cannabis plants.s 5: Am 2017 No 22, Sch 2.19; 2023 No 7, Sch 1.9[2].
6 Offence not to comply with licence
A person who is the holder of a licence—(a) must not cultivate or supply low-THC hemp otherwise than for the purpose for which the licence is granted, and(b) must comply with the conditions to which the licence is subject.Maximum penalty—100 penalty units or imprisonment for 2 years, or both.
7 Application for licence
(1) A person may apply to the Secretary for a licence.(2) An application for a licence must—(a) be in the form approved by the Secretary, and(b) be accompanied by such fee (if any) as may be approved by the Secretary to cover the costs associated with the assessment and determination of the application, and(c) contain such information and particulars as are prescribed by the regulations, and(d) contain such other information, and be accompanied by such other documents, as the Secretary may require to determine the application.
8 Investigation of application
(1) On receiving an application for a licence, the Secretary is authorised to carry out such investigations and inquiries as the Secretary considers necessary to determine the application.(2) In particular, the Secretary must conduct a criminal record check in relation to the applicant and may conduct a criminal record check in relation to any person who, in the opinion of the Secretary, is a close associate of the applicant. It is the duty of the Commissioner of Police to assist in any such criminal record check.(3) The Secretary may, by notice in writing, require a person who is an applicant for a licence or who, in the opinion of the Secretary, is a close associate of the applicant to do any one or more of the following things—(a) to provide, in accordance with directions in the notice, such information as is relevant to the investigation of the application and specified in the notice,(b) to produce, in accordance with directions in the notice, such records as are relevant to the investigation of the application and specified in the notice,(c) to furnish to the Secretary such authorities and consents as the Secretary directs for the purpose of enabling the Secretary to obtain information (including financial and other confidential information) from other persons concerning the applicant or close associate.(4) If a requirement made under this section is not complied with, the Secretary may refuse to determine the application concerned.(5) Any costs incurred by the Secretary in conducting a criminal record check under this section are to be paid by the applicant for the licence concerned.
9 Suitability of applicant and close associates of applicant
(1) This section applies in relation to a close associate of an applicant for a licence only if the Secretary is satisfied that the close associate is likely to be concerned in, or associated with, the cultivation or supply of low-THC hemp under the licence.(2) The Secretary must not grant a licence to a person unless satisfied that the person, and each close associate of the person, is a suitable person to be concerned in or associated with the cultivation or supply of low-THC hemp under a licence.(3) In particular, the Secretary is to consider whether the person, and each close associate of the person, is of good repute, having regard to the person’s or close associate’s (as the case requires) character, honesty and integrity.(4) The Secretary must not grant a licence to a person if the person, or a close associate of the person, has been found guilty of a drug related offence.(5) The Secretary may refuse to grant a licence to a person—(a) if the person, or a close associate of the person, has been found guilty of an offence that, in the opinion of the Secretary, makes the person or close associate unsuitable to be concerned in or associated with the cultivation or supply of low-THC hemp under a licence, or(b) on such other grounds the Secretary considers appropriate.(6) The regulations may make further provision for the circumstances in which the Secretary may refuse, or is required to refuse, to grant a licence to a person.
10 Determination of licence application
(1) The Secretary is to determine an application for a licence—(a) by granting the application and issuing a licence to the applicant, or(b) by refusing the application.(2) The Secretary is to give the applicant written notice of the determination of the application. However, the Secretary is not required to give any reasons for his or her decision.(3) The Secretary’s decision in relation to a licence application is final and is not subject to review.
11 Duration of licence
Unless it is sooner cancelled or suspended under this Act, a licence continues in force for a period of 5 years from the date on which it was granted, renewed or transferred (or such shorter period as may be specified in the licence).s 11: Am 2022 No 59, Sch 1.20[3].
12 Conditions of licence
(1) A licence is subject to—(a) such conditions as are imposed by this Act or prescribed by the regulations, and(b) such conditions as may be imposed by the Secretary, at the time the licence is granted, renewed or transferred or at any later time, and specified in the licence.(2) A condition imposed by the Secretary after the licence is granted, renewed or transferred takes effect when written notice of the condition is given to the licensee, or at such later date as may be specified in the notice.(3) The Secretary may at any time, by notice in writing to the holder of a licence, vary or revoke a condition of the licence imposed by the Secretary.
13 Renewal of licence
(1) An application for the renewal of a licence may be made to the Secretary by the holder of the licence.(2) If an application for the renewal of a licence is received by the Secretary no later than 28 days before the date on which the licence is due to expire, the licence is taken to continue in force until the application is determined by the Secretary.(3) Subject to the regulations, an application for the renewal of a licence is to be dealt with as if it were an initial application for a licence. Accordingly, sections 7–9 apply in relation to an application under this section.(4) The Secretary is to determine an application for the renewal of a licence—(a) by granting the application and issuing a licence to the applicant, or(b) by refusing the application.(5) The Secretary is to give the applicant in writing of the determination of the application.
14 Transfer of licence
(1) An application for the transfer of a licence may be made jointly by the holder of the licence and the person named in the application as the transferee.(2) Subject to the regulations, an application for the transfer of a licence is to be dealt with as if it were an initial application by the transferee for a licence. Accordingly, sections 7–9 apply in relation to an application under this section.(3) The Secretary is to determine an application for the transfer of a licence—(a) by granting the application and transferring the licence to the transferee, or(b) by refusing the application.(4) The Secretary is to give the joint applicants written notice of the determination of the application. However, the Secretary is not required to give any reasons for his or her decision.(5) The Secretary’s decision in relation to an application for the transfer of a licence is final and is not subject to review.
15 Suspension of licence
(1) The Secretary may, if the Secretary is satisfied there may be grounds for cancelling a licence, suspend the licence by giving the licensee a written notice stating that the licence is suspended. The regulations may specify other grounds on which a licence may be suspended by the Secretary.(2) The suspension of a licence continues until either—(a) the licence is cancelled under section 16, or(b) the Secretary gives the licensee a written notice stating that the suspension is lifted.(3) The authority conferred by a licence ceases to have effect during the period that the licence is suspended.(4) However, the Secretary may authorise a person, during the period that a licence is suspended, to cultivate or supply, in accordance with the conditions of the licence, any low-THC hemp that was in the possession of the licence holder immediately before the suspension took effect.s 15: Am 2022 No 59, Sch 1.20[3] [4].
16 Cancellation of licence
(1) A licence may be cancelled by the Secretary—(a) if the licensee contravenes any provision of this Act or the regulations, whether or not the licensee has been convicted of an offence for the contravention, or(b) on such other grounds as may be prescribed by the regulations.Note—Failing to comply with the conditions of a licence is a contravention of the Act.(2) The Secretary must cancel a licence if the Secretary is satisfied that, if the licensee were applying for a new licence, the application would be required by this Act to be refused.(3) A licence is cancelled by the Secretary by serving on the licensee a written notice stating that the licence is cancelled. The cancellation takes effect when the notice is served or on a later date specified in the notice.(4) The Secretary may, by serving a further written notice on the holder of a licence, cancel a notice cancelling a licence before the notice takes effect.s 16: Am 2022 No 59, Sch 1.20[3]–[7].
Part 3 Investigation and enforcement powers
Division 1 Preliminary
17 Purposes for which powers under Part may be exercised
(1) Powers may be exercised under this Part for the following purposes—(a) for determining whether there has been compliance with, or a contravention of, this Act or the regulations,(b) for determining whether the holder of a licence is cultivating or supplying any cannabis that is not low-THC hemp,(c) in connection with exercising the functions of an authorised officer under this Act,(d) for obtaining information or records for purposes connected with the administration of this Act,(e) generally for administering this Act.(2) For the purposes of subsection (1) (b), cannabis means cannabis leaf, cannabis oil, cannabis plant and cannabis resin as defined in the Drug Misuse and Trafficking Act 1985.s 17: Am 2022 No 59, Sch 1.20[8].
18 Appointment of authorised officers
(1) The Secretary may appoint any person, or persons included in a class of persons, to be an authorised officer or authorised officers for the purposes of this Act.(2) The Secretary may, in and by the instrument of an authorised officer’s appointment, limit the functions that the authorised officer may exercise under this Act.(3) An authorised officer is, to the extent to which the authorised officer is exercising functions as an authorised officer under this Act, subject to the control and direction of the Secretary.s 18: Am 2022 No 59, Sch 1.20[8].
19 Identification of authorised officers
(1) The Secretary is to cause each authorised officer to be issued with a means of identification in the form approved by the Secretary.(2) In the course of exercising the functions of an authorised officer under this Act, the authorised officer must, if requested to do so by any person affected by the exercise of any such function, produce the authorised officer’s identification for inspection by the person unless to do so would defeat the purpose for which the functions are to be exercised.s 19: Am 2022 No 59, Sch 1.20[8].
20 Police officers to be authorised officers
(1) A police officer may exercise the functions of an authorised officer under this Act.(2) A reference in this Act (other than in section 18 or 19) to an authorised officer includes a reference to a police officer in the course of exercising, as referred to in this section, the functions of an authorised officer.s 20: Am 2022 No 59, Sch 1.20[8].
Division 2 Powers to require information or records and give directions
21 Requirement to provide information and records
(1) The Secretary or an authorised officer may, by notice in writing given to a person, require the person to furnish to the Secretary or authorised officer such information or records (or both) as the Secretary or authorised officer requires by the notice in connection with any matter arising under or in connection with this Act or the regulations.(2) Any such notice must specify the manner in which information or records are required to be furnished and a reasonable time by which the information or records are required to be furnished.s 21: Am 2022 No 59, Sch 1.20[8].
22 Provisions relating to records
(1) A notice under this Division may only require a person to furnish records that are in the person’s possession or that are within the person’s power to obtain lawfully.(2) The person to whom any record is furnished under this Division may take copies of it.(3) If any record required to be furnished under this Division is in electronic, mechanical or other form, the notice requires the record to be furnished in written form, unless the notice otherwise provides.
23 Power to give directions to rectify breach of licence
(1) The Secretary or an authorised officer may direct the holder of a licence, by notice in writing, to carry out such work or other actions as the Secretary or authorised officer considers necessary to rectify any breach of the licence.(2) If the requirements of the notice are not complied with within the period specified in it, the Secretary or authorised officer—(a) may cause the work or actions specified in the notice to be carried out, and(b) may, by proceedings brought in any court of competent jurisdiction, recover as a debt from the licensee to whom the notice was given the reasonable cost of complying with those requirements.s 23: Am 2022 No 59, Sch 1.20[8].
24 Application of Division
This Division applies whether or not a power of entry under Division 3 is being or has been exercised.
Division 3 Powers of entry and search of premises
25 Power to enter premises
(1) An authorised officer may enter any premises at any time for the purposes referred to in section 17.(2) Entry may be effected under this Act by an authorised officer with such assistance as the authorised officer considers necessary and with the use of reasonable force.s 25: Am 2022 No 59, Sch 1.20[8].
26 Entry into residential premises only with permission or warrant
This Division does not empower an authorised officer to enter any part of premises used only for residential purposes without the permission of the occupier or the authority of a search warrant under section 28.s 26: Am 2022 No 59, Sch 1.20[8].
27 Powers to inspect and seize things
(1) An authorised officer may, on any premises lawfully entered, do anything that in the opinion of the authorised officer is necessary to be done for the purposes of this Part, including (but not limited to) the things specified in subsection (2).(2) An authorised officer may do any or all of the following—(a) carry out surveillance activities,(b) examine and inspect any part of the premises or any article or thing on the premises,(c) make such examinations and inquiries as the authorised officer considers necessary,(d) require records to be produced for inspection,(e) examine and inspect any records,(f) take copies of any records,(g) take and remove samples of any plant or thing for analysis,(h) seize anything that the authorised officer has reasonable grounds for believing is connected with an offence under this Act, the regulations or the Drug Misuse and Trafficking Act 1985,(i) do any other thing the authorised officer is empowered to do under this Part.(3) The power to seize anything connected with an offence includes a power to seize—(a) a thing with respect to which the offence has been committed, and(b) a thing that will afford evidence of the commission of the offence, and(c) a thing that was used for the purpose of committing the offence.A reference to any such offence includes a reference to an offence that there are reasonable grounds for believing has been committed.s 27: Am 2022 No 59, Sch 1.20[8].
28 Search warrants
(1) An authorised officer may apply to an issuing officer for the issue of a search warrant if the authorised officer believes on reasonable grounds that—(a) a provision of this Act, the regulations or the Drug Misuse and Trafficking Act 1985 is being or has been contravened at any premises, or(b) there is in or on any premises any matter or a thing that is connected with an offence under this Act, the regulations or the Drug Misuse and Trafficking Act 1985.(2) An issuing officer to whom such an application is made may, if satisfied that there are reasonable grounds for doing so, issue a search warrant authorising an authorised officer named in the warrant—(a) to enter the premises, and(b) to exercise any function of an authorised officer under this Division.(3) Division 4 of Part 5 of the Law Enforcement (Powers and Responsibilities) Act 2002 applies to a search warrant issued under this section.(4) In this section—issuing officer means an authorised officer within the meaning of the Law Enforcement (Powers and Responsibilities) Act 2002.matter or a thing connected with an offence means—(a) matter or a thing with respect to which the offence has been committed, or(b) matter or a thing that will afford evidence of the commission of an offence, or(c) matter or a thing that was used, or is intended to be used, for the purpose of committing the offence.offence includes an offence that there are reasonable grounds for believing has been, or is to be, committed.s 28: Am 2022 No 59, Sch 1.20[8]–[10].
29 Assistance to be given to authorised officers
(1) This section applies for the purpose of enabling an authorised officer to exercise any of the powers of an authorised officer under this Division in connection with any premises.(2) The Secretary may, by notice in writing given to the owner or occupier of the premises, require the owner or occupier to provide such reasonable assistance and facilities as are specified in the notice within a specified time and in a specified manner.(3) Assistance and facilities can be required under this section, whether they are of the same kind as, or a different kind from, any prescribed by the regulations.s 29: Am 2022 No 59, Sch 1.20[8].
30 Dealing with seized things
(1) If an authorised officer seizes anything under section 27 on any premises, the authorised officer must issue the person apparently in charge of the premises with a written receipt for the thing seized.(2) An authorised officer may retain anything seized under section 27 until the completion of any proceedings (including proceedings on appeal) in which it may be evidence.(3) A record may only be retained under subsection (2) if the person from whom the record was seized is provided, within a reasonable time after the seizure, with a copy of the record certified by the authorised officer as a true copy. The copy is, as evidence, of equal validity to the document of which it is certified to be a copy.(4) Subsection (2) ceases to have effect in relation to anything seized if, on the application of a person aggrieved by the seizure, the court in which proceedings referred to in that subsection are commenced so orders.(5) For the removal of any doubt, anything seized under section 27 may be used as evidence in proceedings for an offence under this or any other Act.s 30: Am 2022 No 59, Sch 1.20[8].
Division 4 Power to question persons
31 Power to require answers
(1) An authorised officer may require a person whom the authorised officer suspects on reasonable grounds to have knowledge of matters in respect of which information is reasonably required for the purposes of this Act to answer questions in relation to those matters.(2) The Secretary may, by notice in writing, require a corporation to nominate, in writing within the time specified in the notice, a director or officer of the corporation to be the corporation’s representative for the purpose of answering questions under this section.(3) Answers given by a person nominated under subsection (2) bind the corporation.s 31: Am 2022 No 59, Sch 1.20[8].
32 Power to demand name and address
An authorised officer may require a person whom the authorised officer suspects on reasonable grounds to have offended or to be offending against this Act or the regulations to state his or her full name and residential address.s 32: Am 2022 No 59, Sch 1.20[8].
Division 5 General
33 Offences under this Part
(1) A person must not, without lawful excuse, refuse or fail to comply with a requirement made of the person under this Part.(2) A person must not furnish any information or do any other thing in purported compliance with a requirement made under this Part, knowing that it is false or misleading in a material respect.(3) A person must not wilfully—(a) obstruct, delay, hinder, assault, threaten, insult or intimidate an authorised officer in the exercise of the authorised officer’s powers under this Part, or(b) refuse to allow an authorised officer to enter any premises the authorised officer may lawfully enter under this Part.(4) A person must not impersonate an authorised officer.Maximum penalty—100 penalty units.s 33: Am 2022 No 59, Sch 1.20[8].
34 Provisions relating to requirements to furnish records, information or answer questions
(1) Warning to be given on each occasion A person is not guilty of an offence of failing to comply with a requirement under this Part to furnish records or information or to answer a question unless the person was warned on that occasion that a failure to comply is an offence.(2) Self-incrimination not an excuse A person is not excused from a requirement under this Part to furnish any records or information or to answer a question on the ground that the record, information or answer might incriminate the person or make the person liable to a penalty.(3) Information or answer not admissible if objection made However, any information furnished or answer given by a natural person in compliance with a requirement under this Part is not admissible in evidence against the person in criminal proceedings (except proceedings for an offence under this Part) if—(a) the person objected at the time to doing so on the ground that it might incriminate the person, or(b) the person was not warned on that occasion that the person may object to furnishing the information or giving the answer on the ground that it might incriminate the person.(4) Records admissible Any record furnished by a person in compliance with a requirement under this Part is not inadmissible in evidence against the person in criminal proceedings on the ground that the record might incriminate the person.(5) Further information Further information obtained as a result of a record or information furnished or of an answer given in compliance with a requirement under this Part is not inadmissible on the ground—(a) that the record or information had to be furnished or the answer had to be given, or(b) that the record or information furnished or answer given might incriminate the person.(6) Requirement to state name and address This section extends to a requirement under this Part to state a person’s name and address.
Part 4 Miscellaneous
35 False or misleading statements
(1) A person must not, in any official document, make a statement that the person knows, or could reasonably be expected to know—(a) is false or misleading in a material respect, or(b) omits material matter.Maximum penalty—100 penalty units or imprisonment for 2 years, or both.(2) In this section—official document means any application under this Act or any other document that is required to be provided to the Secretary under this Act or the regulations.
36 Forfeiture and destruction of low-THC hemp
(1) If a person is found guilty by a court of an offence under this Act or the regulations, the court may order the forfeiture to the Crown of any low-THC hemp that was, at the time of the commission of the offence, in the person’s possession or apparently under the person’s control.(2) If a licence is cancelled, any low-THC hemp in the possession of the former licensee or apparently under the former licensee’s control is forfeited to the Crown.(3) Any low-THC hemp that is forfeited to the Crown under this section is to be destroyed in accordance with the directions of the Secretary.(4) However, the Secretary may, instead of directing the destruction of the low-THC hemp, authorise a person to take possession of the low-THC hemp, on behalf of the Crown, so that it can be cultivated or supplied for a purpose specified by the Secretary.(5) If any low-THC hemp is destroyed under this section, the person referred to in subsection (1) or the former licensee, as the case requires, must pay to the Crown the reasonable costs of the destruction.s 36: Am 2022 No 59, Sch 1.20[3].
37 Arrangements for supply of information
(1) For the purposes of assisting in the administration of this Act, the Secretary may enter into arrangements with a relevant agency for the supply to the Secretary of any information held by the agency.(2) Any such arrangement is sufficient authority for the supply of the information concerned.(3) In this section—relevant agency means—(a) the NSW Police Force or the police force of another State or Territory or of an overseas jurisdiction, or(b) the Australian Federal Police, or(c) the New South Wales Crime Commission, or(d) the Australian Crime Commission, or(e) any other authority or person responsible for the investigation or prosecution of offences against the laws of the State or of the Commonwealth, another State or Territory or an overseas jurisdiction, or(f) any person or agency exercising functions under a corresponding law, or(g) any other person or body prescribed by the regulations for the purposes of this section.
38 Administrative review by NCAT of certain licence decisions
A person may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of a decision by the Secretary—(a) to impose a condition on a licence held by the person or to vary any such condition imposed by the Secretary, or(b) to refuse to renew a licence granted to the person, or(c) to suspend or cancel a licence held by the person.s 38: Am 2013 No 95, Sch 2.76; 2022 No 59, Sch 1.20[7].
39 Approved fees
(1) The amount of a fee approved by the Secretary under this Act must not exceed the amount (if any) prescribed in respect of any such fee by the regulations.(2) The Secretary may waive all or part of any fee payable under this Act in any circumstances the Secretary considers appropriate.
40 Protection from personal liability
(1) Any matter or thing done or omitted to be done by a person who is—(a) the Secretary, or(b) acting under the direction of the Secretary, or(c) a member of staff of the Department, ordoes not, if the matter or thing was done or omitted to be done in good faith for the purpose of exercising a function under this Act, make the person personally liable to any action, liability, claim or demand in respect of that matter or thing.(d) an authorised officer,(2) However, any such liability attaches instead to the Crown.s 40: Am 2022 No 59, Sch 1.20[8].
41 Delegation
The Secretary may delegate the exercise of any function of the Secretary under this Act (other than this power of delegation) to—(a) any member of staff of the Department, or(b) any person, or any class of persons, authorised for the purposes of this section by the regulations.
42 Service of documents
(1) A document that is authorised or required by this Act or the regulations to be served on, or given to, any person may be served or given by—(a) in the case of a natural person—(i) delivering it to the person personally, or(ii) sending it by post to the address specified by the person for the giving or service of documents or, if no such address is specified, the residential or business address of the person last known to the person giving or serving the document, or(iii) electronic transmission to an address or location specified by the person for the service of documents of that kind, or(b) in the case of a body corporate—(i) leaving it with a person apparently of or above the age of 16 years at, or by sending it by post to, the head office, a registered office or a principal office of the body corporate or to an address specified by the body corporate for the giving or service of documents, or(ii) electronic transmission to an address or location specified by the body corporate for the service of documents of that kind.(2) Nothing in this section affects the operation of any provision of a law or of the rules of a court authorising a document to be served on a person in any other manner.s 42: Am 2020 No 30, Sch 1.23[1] [2]; 2022 No 59, Sch 1.20[11] [12].
43 Offences by corporations
(1) If a corporation contravenes any provision of this Act, each person who is a director of the corporation or who is concerned in the management of the corporation is taken to have contravened the same provision if the person knowingly authorised or permitted the contravention.(2) A person may be proceeded against and convicted under a provision pursuant to subsection (1) whether or not the corporation has been proceeded against or convicted under that provision.(3) Nothing in this section affects any liability imposed on a corporation for an offence committed by the corporation under this Act.
44 Proceedings for offences
(1) Proceedings for an offence under this Act or the regulations may be dealt with summarily before the Local Court.(2) Any such proceedings must be commenced not later than 12 months from when the offence was alleged to have been committed.
45 Penalty notices
(1) An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.(2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.(3) The Fines Act 1996 applies to a penalty notice issued under this section.Note—The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.(4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).(5) This section does not limit the operation of any other provision of, or made under, this or any other Act relating to proceedings that may be taken in respect of offences.(6) In this section—includes a police officer.Note—An authorised officer is also defined in section 3 to mean a person appointed by the Secretary under section 18.s 45: Subst 2017 No 22, Sch 3.33. Am 2022 No 59, Sch 1.20[13].
46 Regulations
(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.(2) In particular, the regulations may—(a) require holders of licences to keep records for the purposes of this Act and to provide reports to the Secretary on such matters as may be prescribed by the regulations, and(b) make provision for the charging of annual licence fees and other fees associated with the administration of the licensing scheme under this Act (including provision for the payment of such fees by instalments), and(c) make further provision for or with respect to the suspension, renewal and transfer of licences.(3) The regulations may create offences punishable by a penalty not exceeding 50 penalty units.
47 Act to bind Crown
This Act binds the Crown in right of New South Wales and, in so far as the legislative power of the Parliament of New South Wales permits, the Crown in all its other capacities.
48 Savings, transitional and other provisions
Schedule 1 has effect.
49 (Repealed)
s 49: Rep 2009 No 56, Sch 5.
50 Review of Act
(1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.(2) The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.(3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.
Schedule 1 Savings, transitional and other provisions
(Section 48)
Part 1 General
1 Regulations
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts—this Act(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as—(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
Part 2 Provisions consequent on enactment of this Act
2 Existing authorities under Drug Misuse and Trafficking Act 1985 in relation to low-THC hemp
(1) In this clause—means an authority—(a) granted by the Director-General of the Department of Health under section 23 (4) (b) of the Drug Misuse and Trafficking Act 1985 (whether or not in conjunction with an authority granted by that Director-General under any other provision of that Act), and(b) that relates to the cultivation, possession or supply of low-THC hemp for the purpose of scientific research, instruction, analysis or study, and(c) that is in force immediately before the date of assent to this Act.(2) An existing authority ceases to have effect on the commencement of Part 2 of this Act.(3) A person acting in accordance with an existing authority is, on the commencement of Part 2 of this Act, taken to be the holder of a licence under this Act authorising the person to cultivate or supply low-THC hemp for the purpose of scientific research, instruction, analysis or study—(a) for the remainder of the term for which the existing authority was granted, or(b) if the existing authority was not granted for a specified term—for such period as the Director-General may specify by written notice given to the holder of the licence.(4) The conditions to which any such existing authority is subject are taken to be conditions imposed by the Director-General under this Act and may be varied or revoked in accordance with this Act.(5) If, but for this subclause, an existing authority would expire before the commencement of Part 2 of this Act, the existing authority continues to have effect under and for the purposes of the Drug Misuse and Trafficking Act 1985 until such time as Part 2 of this Act commences.
Schedule 2 (Repealed)
sch 2: Am 2008 No 114, Sch 4. Rep 2009 No 56, Sch 5.
whole Act: Am 2016 No 27, Sch 2.21 [1] (“Director-General” and “Director-General’s” omitted wherever occurring, “Secretary” and “Secretary’s” inserted instead, respectively).