{"id":"sr:drugs-poisons-and-controlled-substances-industrial-hemp-regulations-2018","name":"Drugs, Poisons and Controlled Substances (Industrial Hemp) Regulations 2018","slug":"drugs-poisons-and-controlled-substances-industrial-hemp-regulations-2018","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":183657,"registerId":"vic-sr:drugs-poisons-and-controlled-substances-industrial-hemp-regulations-2018-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Drugs, Poisons and Controlled Substances (Industrial Hemp) Regulations 2018","content":"Version No. 001\n\n**Drugs, Poisons and Controlled Substances (Industrial Hemp) Regulations 2018**\n\n**S.R. No. 102/2018**\n\nVersion as at  \n24 August 2018\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\n1 Objective 1\n\n2 Authorising provision 1\n\n3 Commencement 1\n\n4 Revocation 1\n\n5 Application and renewal fees for an authority to cultivate and process low-THC cannabis 1\n\n6 Authorisation and determination of fees and charges imposed by inspectors 2\n\n═════════════\n\nEndnotes 3\n\n1 General information 3\n\n2 Table of Amendments 5\n\n3 Amendments Not in Operation 6\n\n4 Explanatory details 7\n\n**Version No.** **001**\n\n**Drugs, Poisons and Controlled Substances (Industrial Hemp) Regulations 2018**\n\n**S.R. No. 102/2018**\n\nVersion as at  \n24 August 2018\n\n\t1 Objective\n\nThe objective of these Regulations is—\n\n(a) to prescribe fees for the application and renewal of an authority to cultivate and process low-THC cannabis; and\n\n(b) to authorise and require inspectors to impose certain fees and charges.\n\n\t2 Authorising provision\n\nThese Regulations are made under section 69M of the **Drugs, Poisons and Controlled Substances Act 1981**.\n\n\t3 Commencement\n\nThese Regulations come into operation on 24 August 2018.\n\n\t4 Revocation\n\nThe Drugs, Poisons and Controlled Substances (Industrial Hemp) Regulations 2008[[1]](#endnote-2) are **revoked**.\n\n5 Application and renewal fees for an authority to cultivate and process low-THC cannabis\n\n(1) For the purposes of section 62(2)(b) of the **Drugs, Poisons and Controlled Substances Act 1981**, the prescribed application fee is 30 fee units.\n\n(2) For the purposes of section 67(1)(b) of the **Drugs, Poisons and Controlled Substances Act 1981**, the prescribed fee is 9⋅5 fee units.\n\n\t6 Authorisation and determination of fees and charges imposed by inspectors\n\n(1) Inspectors are authorised and required to impose fees and charges at the rate of 3⋅5 fee units for each quarter of an hour or part thereof spent providing the following services—\n\n(a) sampling and testing of cannabis plants, crops or products;\n\n(b) supervising the harvesting, disposal or destruction of cannabis plants, crops or products;\n\n(c) carrying out inspections, supervision or surveillance of cannabis plants, crops or products;\n\n(d) carrying out inspections or assessments (including online assessments) of a premises or site proposed to be added to a current authority as a premises or site on which activities authorised by that authority are to be carried out.\n\n(2) When calculating the time spent providing a service under subregulation (1), the time spent by an inspector travelling between where the service is provided and the inspector's principal work location must be included.\n\n(3) Despite subregulation (1), the maximum daily amount which an inspector may impose in respect of each service is 56 fee units.\n\n ═════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe Drugs, Poisons and Controlled Substances (Industrial Hemp) Regulations 2018, S.R. No. 102/2018 were made on 17 July 2018 by the Governor in Council under section 69M of the **Drugs, Poisons and Controlled Substances Act 1981**, No. 9719/1981 and came into operation on 24 August 2018: regulation 3.\n\nThe Drugs, Poisons and Controlled Substances (Industrial Hemp) Regulations 2018 will sunset 10 years after the day of making on 17 July 2028 (see section 5 of the **Subordinate Legislation Act 1994**).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThere are no amendments made to the Drugs, Poisons and Controlled Substances (Industrial Hemp) Regulations 2018 by statutory rules, subordinate instruments and Acts.\n\n3 Amendments Not in Operation\n\nThere are no amendments which were Not in Operation at the date of this publication.\n\n4 Explanatory details\n\n1. Reg. 4: S.R. No. 98/2008.\n\n  ——\n\n  **Fee Units**\n\n  These Regulations provide for fees by reference to fee units within the meaning of the **Monetary Units Act 2004**.\n\n  The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.\n\n  The value of a fee unit for the financial year commencing 1 July 2018 is $14.45. The amount of the calculated fee may be rounded to the nearest 10 cents.\n\n  The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the **Monetary Units Act 2004**. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year. [↑](#endnote-ref-2)","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Regulations replace the 2008 Industrial Hemp Regulations but remain narrowly focused on prescribing application and renewal fees and authorising inspectors to impose charges for specific services (regs 1, 4, 5, 6). They do not, on their face, alter who must hold an authority under the Drugs, Poisons and Controlled Substances Act 1981; they change the cost and recovery mechanisms rather than expand regulatory coverage."},"complexity_factors":["Cross‑references to other legislation: fees expressed in fee units under the Monetary Units Act 2004 require reference to that Act and the Treasurer’s annually published fee‑unit value (Explanatory details).","Multiple fee rates and units: fixed application/renewal fees (30 and 9.5 fee units) plus a time‑based rate (3.5 fee units per 15 minutes or part) and a separate maximum daily cap (56 fee units) create layered calculations (regs 5(1)–(2), 6(1), 6(3)).","Time accounting rule: travel time between service site and inspector’s principal workplace must be included when calculating chargeable time (reg 6(2)), which affects billing and recordkeeping.","Interpretive ambiguity: phrase 'in respect of each service' combined with a daily maximum could be read as a cap per service or per day across services, requiring administrative interpretation (reg 6(3)).","Administrative burden and discretion: inspectors are 'authorised and required to impose' fees for listed activities, shifting cost recovery to regulated parties and requiring inspectors to measure, bill and collect time (reg 6(1)).","Rounding and calculation mechanics: fee amounts are calculated by multiplying fee units by a changing unit value and may be rounded to the nearest 10 cents, requiring finance processes to track annual changes (Explanatory details).","Statutory replacement: revocation of the 2008 Regulations may necessitate comparison to prior fees and procedures for transitional administration (reg 4)."],"plain_english_summary":"These Regulations set the fees for applying for or renewing an authority to cultivate and process low‑THC cannabis and authorise inspectors to recover time‑based charges for services such as sampling, supervising harvest/disposal, inspections and assessing additional premises. Fees are expressed in fee units (Monetary Units Act) and include inspectors’ travel time, with a per‑service daily cap. Applicants, licence‑holders and site operators pay these costs; inspectors decide when and for how long chargeable services are provided, creating a direct administrative cost tied to measurable inspection time."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The Regulations remain tightly focused on their original purpose of prescribing fees for industrial hemp licensing and inspection services. They do not expand beyond this narrow administrative function."},"complexity_factors":["Only 6 substantive regulations, with minimal conditional logic","No defined terms section - relies on parent Act definitions","Simple fee structure with straightforward calculations based on fee units","Single cross-reference to Monetary Units Act 2004 for fee unit valuation","Only one exception/limitation: the daily cap of 56 fee units in regulation 6(3)","No nested exceptions or complex temporal provisions"],"plain_english_summary":"**What this legislation does:**\n\nThese Regulations set out the fees that industrial hemp growers and processors must pay to the Victorian Government. Specifically, they cover:\n\n- **Application fees**: It costs **30 fee units** (roughly $433.50 based on the 2018 rate) to apply for a licence to grow and process low-THC cannabis (industrial hemp).\n- **Renewal fees**: Renewing an existing licence costs **9.5 fee units** (roughly $137.28).\n- **Inspector fees**: Government inspectors can charge **3.5 fee units per 15 minutes** (about $50.58 per quarter-hour) for services like:\n  - Testing hemp plants and crops\n  - Watching over harvesting or destruction of crops\n  - Inspecting farms and facilities\n  - Assessing new sites for licensed activities\n\nThere's a **daily cap of 56 fee units** (about $809.20) on inspector charges.\n\n**Who it affects:**\n\n- **Industrial hemp farmers and processors** in Victoria who need licences to legally grow low-THC cannabis varieties.\n- **Government inspectors** who monitor compliance with hemp cultivation laws.\n\n**Why it matters:**\n\nIndustrial hemp is a legal crop used for fibre, food, and other products, but it's regulated because of its relationship to cannabis. These fees fund the regulatory system that ensures hemp stays below the legal THC threshold (the psychoactive compound that makes marijuana illegal). Without paying these fees, businesses can't get or keep their licences to operate legally.\n\nThe Regulations also **replace older 2008 regulations**, updating the fee structure for the industry."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the title and available information, the regulations appear focused squarely on their stated purpose: regulating industrial hemp under Victoria's drug and poisons framework. There is no indication of scope creep beyond the original intent of creating a lawful licensing scheme for hemp cultivation and handling."},"complexity_factors":["Operates at the intersection of agricultural law and controlled substances law, requiring understanding of both","References a parent Act (Drugs, Poisons and Controlled Substances Act) whose provisions must be read alongside these regulations","Licensing conditions and THC threshold requirements can involve technical scientific standards","Limited legislative text was provided, making full analysis difficult — actual complexity may be higher"],"plain_english_summary":"This regulation creates a legal framework for cultivating and handling industrial hemp in Victoria, covering licences/permits and conditions for growers, processors and researchers working with low‑THC cannabis varieties. \n\nIt matters because it lets legitimate hemp agriculture and business operate without breaching drug laws, while imposing safeguards (eg record‑keeping, inspections and security) to prevent misuse."}},"importantCases":[],"_links":{"self":"/api/acts/drugs-poisons-and-controlled-substances-industrial-hemp-regulations-2018","history":"/api/acts/drugs-poisons-and-controlled-substances-industrial-hemp-regulations-2018/history","analysis":"/api/acts/drugs-poisons-and-controlled-substances-industrial-hemp-regulations-2018/analysis","conflicts":"/api/acts/drugs-poisons-and-controlled-substances-industrial-hemp-regulations-2018/conflicts","importantCases":"/api/acts/drugs-poisons-and-controlled-substances-industrial-hemp-regulations-2018/important-cases","documents":"/api/acts/drugs-poisons-and-controlled-substances-industrial-hemp-regulations-2018/documents"}}