{"id":"hemp-industry-act-2019","name":"Hemp Industry Act 2019","slug":"hemp-industry-act-2019","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30157,"registerId":"nt-hemp-industry-act-2019-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Hemp Industry Act 2019","content":"NORTHERN TERRITORY OF AUSTRALIA\nHEMP INDUSTRY ACT 2019\nAs in force at 25 May 2022\nTable of provisions\nPart 1 Preliminary matters\n1 Short title ......................................................................................... 1\n2 Commencement .............................................................................. 1\n3 Definitions ........................................................................................ 1\n4 Meaning of associate ....................................................................... 3\n5 Act binds Crown .............................................................................. 3\n6 Application of Criminal Code ........................................................... 4\n7 Interaction with Narcotic Drugs Act 1967 (Cth) ................................ 4\nPart 2 Licences\nDivision 1 Applications and conditions\n8 Types of licence............................................................................... 4\n9 Application for licence ...................................................................... 5\n10 Investigation of application .............................................................. 5\n11 Eligibility of applicant ....................................................................... 6\n12 Suitability of applicant ...................................................................... 6\n13 Determination of application ............................................................ 7\n14 Duration of licence ........................................................................... 7\n15 Conditions of licence ....................................................................... 7\n16 Contravention of licence condition ................................................... 7\n17 Amendment of licence condition ...................................................... 8\n18 Renewal of licence .......................................................................... 8\nDivision 2 Suspension, cancellation and review\n19 Suspension or cancellation of licence .............................................. 9\n20 Action after suspension or cancellation ........................................... 9\n21 Review by NTCAT ......................................................................... 10\n22 Classified information .................................................................... 10\nPart 3 Enforcement\nDivision 1 Inspectors\n23 Appointment of inspectors ............................................................. 11\n24 Identity cards ................................................................................. 11\n25 Production of identity card ............................................................. 12\n26 Return of identity card ................................................................... 12\n\nHemp Industry Act 2019 ii\nDivision 2 Powers of inspectors\n27 Power to require information.......................................................... 12\n28 Power to enter place ...................................................................... 13\n29 Powers on entry............................................................................. 13\n30 Power to seize hemp ..................................................................... 13\n31 Power to possess hemp ................................................................ 14\nDivision 3 Other offences\n32 Obstruction of inspector ................................................................. 14\n33 Misleading information ................................................................... 14\n34 Falsely representing to be inspector .............................................. 15\n35 Offence to disclose certain information .......................................... 16\nDivision 4 Legal proceedings\n36 Authority to prosecute .................................................................... 16\n37 Time for commencing proceedings................................................ 17\n38 Evidentiary certificates ................................................................... 17\nPart 4 Miscellaneous\n39 Hemp industry register .................................................................. 17\n40 Approved forms ............................................................................. 18\n41 Delegation ..................................................................................... 18\n42 Acquisition on just terms ................................................................ 18\n43 Protection from liability .................................................................. 18\n44 Regulations.................................................................................... 19\nSchedule Reviewable decisions and affected\npersons\nENDNOTES\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 25 May 2022\n____________________\nHEMP INDUSTRY ACT 2019\nAn Act to regulate the development and operation of a hemp industry\nPart 1 Preliminary matters\n1 Short title\nThis Act may be cited as the Hemp Industry Act 2019.\n2 Commencement\nThis Act commences on the day fixed by the Administrator by\nGazette notice.\n3 Definitions\nIn this Act:\nacting in an official capacity, in relation to the CEO or an\ninspector, means the CEO or inspector is exercising powers or\nperforming functions under, or otherwise related to the\nadministration of, this Act.\napplicant means a person who makes an application under Part 2,\nDivision 1.\napproved form means a form approved under section 40.\nassociate, of an applicant or a licensee, see section 4.\nat, in relation to a place, includes on and in the place.\nCEO means the Chief Executive Officer.\nclassified information means information that is classified by the\nCommissioner of Police as criminal intelligence under the Serious\nCrime Control Act 2009.\n\nPart 1 Preliminary matters\nHemp Industry Act 2019 2\ncultivate includes the following:\n(a) plant a seed, seedling or cutting;\n(b) promote, maintain or improve the growth of a plant;\n(c) harvest a plant or any part of a plant;\n(d) use a plant tissue culture technique.\nexecutive officer, of a body corporate, means a director or other\nperson who is concerned with, or takes part in, the management of\nthe body corporate.\nhemp means a plant, or a part or product of a plant, of the genus\nCannabis.\ninspector, see section 23(1).\nlicence means a licence issued under this Act.\nlicensee means the holder of a licence.\nlow THC hemp means any of the following:\n(a) a hemp plant with a THC concentration in the leaves and\nflowering heads of not more than 1%;\n(b) a part or product of a plant referred to in paragraph (a).\nExamples for definition low THC hemp\nA part of the plant includes the seed and a product of the plant includes fibre\nmade from the plant or oil made from the seed.\nplace includes the following:\n(a) land;\n(b) a permanent or temporary building or structure on land;\n(c) a vehicle, vessel or aircraft.\nsupply means do or offer to do any of the following:\n(a) distribute, give, sell, trade or transport, whether or not for\nvaluable consideration;\n(b) an act for, to prepare for, or to further an act referred to in\nparagraph (a).\n\nPart 1 Preliminary matters\nHemp Industry Act 2019 3\nTHC means tetrahydrocannabinol.\nNote for section 3\nThe Interpretation Act 1978 contains definitions and other provisions that may be\nrelevant to this Act.\n4 Meaning of associate\n(1) A person is an associate of an applicant or a licensee if:\n(a) the person holds or will hold any relevant position, including\non behalf of someone else, in the applicant or licensee's\nbusiness; or\n(b) the CEO is satisfied that the person is or will be able to\nexercise a significant influence in relation to the conduct of the\napplicant or licensee's business because:\n(i) the person holds or will hold any share in the capital of\nthe business or any entitlement to receive any income\nderived from the business; or\n(ii) the person is or will be entitled to exercise any relevant\npower in the business, including on behalf of someone\nelse.\n(2) In this section:\nrelevant position, in relation to a business, means any position\n(however described) whose holder is concerned with, or takes part\nin, the management of the business.\nrelevant power, in relation to a business, means any power,\nwhether exercisable by voting or otherwise and whether exercisable\nalone or with others:\n(a) to participate in any directorial, managerial or executive\ndecision for the business; or\n(b) to elect or appoint any person to any relevant position in the\nbusiness.\n5 Act binds Crown\nThis Act binds the Crown in right of the Territory and, to the extent\nthe legislative power of the Legislative Assembly permits, the\nCrown in all its other capacities.\n\nPart 2 Licences\nDivision 1 Applications and conditions\nHemp Industry Act 2019 4\n6 Application of Criminal Code\nPart IIAA of the Criminal Code applies to an offence against this\nAct.\nNote for section 6\nPart IIAA of the Criminal Code states the general principles of criminal\nresponsibility, establishes general defences, and deals with burden of proof. It\nalso defines, or elaborates on, certain concepts commonly used in the creation of\noffences.\n7 Interaction with Narcotic Drugs Act 1967 (Cth)\nThis Act does not authorise the exercise of a power or the\nperformance of a function that would be inconsistent with the\nNarcotic Drugs Act 1967 (Cth) or the regulations made or directions\ngiven under that Act.\nPart 2 Licences\nDivision 1 Applications and conditions\n8 Types of licence\n(1) A commercial licence authorises the licensee to possess, cultivate,\nprocess or supply low THC hemp for commercial purposes.\n(2) A class A research licence authorises the licensee to possess,\ncultivate, process or supply low THC hemp for scientific research,\ninstruction, analysis or study purposes.\n(3) A class B research licence authorises the licensee to possess,\ncultivate, process or supply hemp for scientific research, instruction,\nanalysis or study purposes.\n(4) While the licence is in force, any of the following persons may carry\nout the activities authorised by the licence in accordance with the\nconditions of the licence:\n(a) the licensee;\n(b) a contractor of the licensee, in accordance with the terms of\nthe contract with the licensee;\n(c) an employee of the licensee, or of a contractor of the licensee,\nin accordance with the employee's terms of employment.\n\nPart 2 Licences\nDivision 1 Applications and conditions\nHemp Industry Act 2019 5\n9 Application for licence\n(1) A person may apply to the CEO for a licence.\n(2) The application must be:\n(a) made in the approved form; and\n(b) accompanied by the prescribed fee; and\n(c) accompanied by any other documents or information required\nby the CEO under section 10.\n(3) The CEO may treat the application as having been withdrawn if an\napplicant fails to comply with a requirement made under section 10.\n(4) The withdrawal of an application does not prevent a further\napplication being made by the applicant.\n10 Investigation of application\n(1) The CEO may carry out any investigation that the CEO considers\nnecessary to determine the application.\n(2) The CEO may, by written notice, require an applicant to do any of\nthe following within a reasonable period specified in the notice:\n(a) provide documents or information relevant to the investigation\nof the application as specified in the notice;\n(b) provide authorities and consents to enable the CEO to obtain\nfinancial or other confidential information about the applicant\nfrom other persons.\n(3) The CEO must give a copy of the application and any\naccompanying documents or information to the Commissioner of\nPolice.\n(4) The Commissioner of Police must inquire into and report to the\nCEO on any matters concerning the application:\n(a) that the CEO requests; and\n(b) that the Commissioner believes are appropriate or reasonably\nnecessary.\n(5) The Commissioner of Police must give the CEO written notice of\nthe Commissioner's decision to support or oppose the application,\nincluding reasons for the decision, within 60 days after receiving the\napplication, documents or information under subsection (3).\n\nPart 2 Licences\nDivision 1 Applications and conditions\nHemp Industry Act 2019 6\n(6) If the CEO is notified that the Commissioner of Police opposes the\napplication, the CEO must refuse to issue the licence to the\napplicant.\n11 Eligibility of applicant\n(1) An individual is eligible to hold a licence if the individual:\n(a) ordinarily resides in Australia; and\n(b) is not affected by bankruptcy action.\n(2) A body corporate is eligible to hold a licence if none of its executive\nofficers are affected by bankruptcy action.\n(3) In this section:\naffected by bankruptcy action, for an individual, means the\nindividual has:\n(a) become bankrupt; or\n(b) applied to take the benefit of any law for the relief of bankrupt\nor insolvent debtors; or\n(c) compounded with creditors or made an assignment of\nremuneration for their benefit.\n12 Suitability of applicant\n(1) The CEO must not issue a licence unless the CEO is satisfied that:\n(a) the applicant is a suitable person to hold a licence; and\n(b) if the applicant is a body corporate – each executive officer of\nthe applicant is a suitable person to hold a licence; and\n(c) if the regulations prescribe other suitability requirements – the\napplicant satisfies the prescribed requirements.\n(2) In deciding whether a person is a suitable person, the CEO may\nconsider any of the following:\n(a) the character, honesty and integrity of the person and any of\nthe person's associates;\n(b) the criminal history of the person and any of the person's\nassociates;\n(c) whether the person or any of the person's associates has a\nhistory of non-compliance with this Act;\n\nPart 2 Licences\nDivision 1 Applications and conditions\nHemp Industry Act 2019 7\n(d) the financial circumstances of the applicant;\n(e) any other matter that may significantly limit the applicant's\ncapacity to comply with any condition of the licence.\n(3) An applicant is not a suitable person to hold a class B research\nlicence unless the CEO is satisfied that:\n(a) the applicant has the necessary resources, qualifications and\nexperience to carry out the activities authorised by the\nlicence; or\n(b) if the applicant is a body corporate – the body corporate has\nthe necessary resources, and employs an individual who has\nthe necessary qualifications and experience, to carry out the\nactivities authorised by the licence.\n13 Determination of application\n(1) The CEO must determine the application by issuing or refusing to\nissue a licence to the applicant.\n(2) If the CEO refuses to issue the licence, the CEO must give the\napplicant written notice of the decision.\n14 Duration of licence\nA licence continues in force for up to 5 years as specified in the\nlicence, unless it is sooner suspended or cancelled.\n15 Conditions of licence\n(1) A licence is subject to the conditions prescribed by the regulations.\n(2) The CEO may impose conditions on a licence at any time by written\nnotice to the licensee.\n(3) A licence is not transferable.\n16 Contravention of licence condition\n(1) A person commits an offence if:\n(a) the person is a licensee; and\n(b) the person's licence is subject to a condition prescribed or\nimposed under this Act; and\n(c) the person intentionally engages in conduct; and\n\nPart 2 Licences\nDivision 1 Applications and conditions\nHemp Industry Act 2019 8\n(d) the conduct results in a contravention of the condition and the\nperson is reckless in relation to the result.\nMaximum penalty: 100 penalty units or imprisonment for\n12 months.\n(2) Strict liability applies to subsection (1)(a) and (b).\n17 Amendment of licence condition\n(1) The CEO may amend or revoke a condition of a licence at any time\nby written notice to the licensee.\n(2) The CEO may exercise a power under subsection (1) on application\nby the licensee or on the CEO's own initiative.\n(3) The application must be:\n(a) made in the approved form; and\n(b) accompanied by the prescribed fee; and\n(c) if the regulations prescribe other documents or information to\naccompany the application – accompanied by the prescribed\ndocuments or information.\n(4) If the CEO refuses to amend or revoke a condition on application by\na licensee, the CEO must give the licensee written notice of the\ndecision.\n18 Renewal of licence\n(1) A licensee may apply to the CEO for renewal of a licence.\n(2) Sections 10 to 13 apply to an application for renewal of a licence as\nif it were an application for a licence to be issued.\n(3) The application must be:\n(a) made in the approved form at least 60 days before the licence\nis due to expire; and\n(b) accompanied by the prescribed fee; and\n(c) accompanied by any other documents or information required\nby the CEO under section 10.\n(4) If a licensee applies for renewal of a licence in accordance with this\nsection, the licence is taken to continue in force from the day it\nwould have expired to the day the application is determined.\n\nPart 2 Licences\nDivision 2 Suspension, cancellation and review\nHemp Industry Act 2019 9\nDivision 2 Suspension, cancellation and review\n19 Suspension or cancellation of licence\n(1) The CEO must, by written notice, suspend or cancel a licence if the\nCEO:\n(a) is no longer satisfied that the licensee is eligible to hold a\nlicence; or\n(b) is no longer satisfied about any of the matters referred to in\nsection 12(1); or\n(c) is satisfied that the licensee obtained the licence by fraud or\nmisrepresentation.\n(2) The CEO may, by written notice, suspend or cancel a licence:\n(a) at the written request of the licensee; or\n(b) if satisfied that the licensee has contravened a condition of the\nlicence; or\n(c) if the Commissioner of Police requests suspension or\ncancellation of the licence on the basis of classified\ninformation concerning the licensee; or\n(d) for any other reason prescribed by the regulations.\n(3) The CEO must notify the Commissioner of Police if a licence is\nsuspended or cancelled.\n20 Action after suspension or cancellation\n(1) While a licence is suspended, the persons who were authorised\nunder section 8(4) to carry out activities under the licence may,\ndespite the suspension:\n(a) continue to possess any hemp that is in their possession on\nthe day the licence is suspended; and\n(b) cultivate existing hemp plants that are in their possession on\nthe day the licence is suspended.\n(2) The persons referred to in subsection (1) are not authorised to carry\nout any other activities not specified under subsection (1) in relation\nto hemp that is in their possession on the day the licence is\nsuspended.\n(3) No compensation is payable by the Territory because of the\nsuspension.\n\nPart 2 Licences\nDivision 2 Suspension, cancellation and review\nHemp Industry Act 2019 10\n(4) A licensee may surrender hemp produced under a licence to the\nCEO on suspension or cancellation of the licence and the\nsurrendered hemp must be dealt with in accordance with the\nregulations.\n21 Review by NTCAT\n(1) NTCAT has jurisdiction to review a decision (a reviewable\ndecision) specified in the Schedule.\n(2) An affected person, for a reviewable decision, is a person\nspecified in the Schedule for the decision.\n(3) An affected person for a reviewable decision may apply to NTCAT\nfor review of the decision.\nNote for section 21\nThe Northern Territory Civil and Administrative Tribunal Act 2014 sets out the\nprocedure for applying to NTCAT for review and other relevant matters in relation\nto reviews.\n22 Classified information\n(1) Classified information may not be disclosed to any person other\nthan the CEO, the Minister, NTCAT, a court or a person to whom\nthe Commissioner of Police authorises its disclosure.\n(2) Despite section 35 of the Northern Territory Civil and Administrative\nTribunal Act 2014, if the Commissioner of Police opposes an\napplication or requests the suspension or cancellation of a licence\non the basis of classified information, the CEO is not required to\ngive any reasons for refusing to issue or renew a licence or for\nsuspending or cancelling a licence, other than that the decision was\nmade in the public interest.\n(3) In any proceeding under this Act, NTCAT or a court:\n(a) must, on the application of the Commissioner of Police, take\nsteps to maintain the confidentiality of classified information,\nincluding steps to receive evidence and hear argument about\nthe information in private in the absence of the parties to the\nproceedings and their representatives; and\n(b) may take evidence consisting of or relating to classified\ninformation by way of affidavit of a police officer of or above\nthe rank of superintendent.\n\nPart 3 Enforcement\nDivision 1 Inspectors\nHemp Industry Act 2019 11\nPart 3 Enforcement\nDivision 1 Inspectors\n23 Appointment of inspectors\n(1) An inspector is:\n(a) a person appointed as an inspector under subsection (2); or\n(b) a police officer.\n(2) The CEO may, in writing, appoint a public sector employee to be an\ninspector.\n(3) The CEO must not appoint a person to be an inspector unless\nsatisfied that the person has the skills, qualifications, training and\nexperience to properly perform the functions of an inspector.\n(4) A police officer has the powers and functions of an inspector under\nthis Act.\n(5) A power conferred by this Act on a police officer is in addition to,\nand does not limit, any other power the officer may have under any\nother law in force in the Territory.\n24 Identity cards\n(1) The CEO must give an inspector who is not a police officer an\nidentity card stating the person's name and that the person is an\ninspector.\n(2) The identify card must:\n(a) show a recent photograph of the inspector; and\n(b) show the card's date of issue and expiry; and\n(c) be signed by the inspector.\n(3) This section does not prevent the issue of a single identity card to a\nperson for this and any other Act.\n(4) For an inspector who is a police officer, a reference in this Act to an\nidentity card includes a reference to the officer's police\nidentification.\n\nPart 3 Enforcement\nDivision 2 Powers of inspectors\nHemp Industry Act 2019 12\n25 Production of identity card\nAn inspector exercising a power or performing a function under this\nAct in relation to a person must, if asked by the person, produce the\ninspector's identity card for the person's inspection.\n26 Return of identity card\n(1) A person who ceases to be an inspector appointed under\nsection 23(2) must return the person's identity card to the CEO\nwithin 21 days after the cessation.\nMaximum penalty: 20 penalty units.\n(2) An offence against subsection (1) is an offence of strict liability.\nDivision 2 Powers of inspectors\n27 Power to require information\n(1) An inspector may require a person:\n(a) to state the person's name and address if the inspector\nbelieves on reasonable grounds that the person has\ncommitted, is committing or is about to commit an offence\nagainst this Act; or\n(b) to provide specified documents or information to the inspector\nto enable the inspector to determine whether a licensee is\ncomplying with the licensee's licence or this Act.\n(2) A person commits an offence if the person contravenes a\nrequirement given under subsection (1).\nMaximum penalty: 50 penalty units.\n(3) An offence against subsection (2) is an offence of strict liability.\n(4) Subsection (2) does not apply if:\n(a) the inspector did not produce the inspector's identity card for\ninspection by the person if asked; or\n(b) the inspector did not, before giving the requirement, warn the\nperson that failure to comply with the requirement is an\noffence.\nNote for subsection (4)\nThe defendant has an evidential burden in relation to the matters mentioned (see\nsection 43BU of the Criminal Code).\n\nPart 3 Enforcement\nDivision 2 Powers of inspectors\nHemp Industry Act 2019 13\n28 Power to enter place\nAn inspector may, at any reasonable time, enter a place occupied\nby a licensee, other than a place used as a residence, to determine\nwhether the licensee is complying with the licensee's licence or this\nAct.\n29 Powers on entry\n(1) An inspector who enters a place under section 28 may do any of\nthe following:\n(a) inspect the place or anything at the place;\n(b) take copies of, or extracts from, documents at the place;\n(c) take photographs or make other recordings of the place or\nanything at the place;\n(d) take measurements of, or conduct tests in relation to, the\nplace or anything at the place;\n(e) subject to the requirements prescribed by the regulations –\ntake and remove samples for analysis from the place or\nanything at the place;\n(f) subject to section 30 – seize hemp at the place;\n(g) require a person at the place to do any of the following:\n(i) answer questions asked by the inspector;\n(ii) produce documents to the inspector;\n(iii) give the inspector reasonable help to exercise the\ninspector's powers under this Act.\n(2) A person given a requirement under subsection (1)(g) must take\nreasonable steps to comply with the requirement.\nMaximum penalty: 100 penalty units.\n(3) An offence against subsection (2) is an offence of strict liability.\n30 Power to seize hemp\n(1) An inspector may seize hemp if:\n(a) the inspector believes on reasonable grounds that the\nlicensee has contravened a provision of this Act; or\n\nPart 3 Enforcement\nDivision 3 Other offences\nHemp Industry Act 2019 14\n(b) the hemp is required for evidence in a proceeding; or\n(c) the licensee's licence is suspended or cancelled.\n(2) Material seized under this section must be dealt with in accordance\nwith the regulations.\n31 Power to possess hemp\nAn inspector is authorised to possess hemp in the exercise of any\npower or the performance of any function under this Act.\nDivision 3 Other offences\n32 Obstruction of inspector\n(1) A person commits an offence if:\n(a) the person intentionally obstructs another person; and\n(b) the other person is an inspector; and\n(c) the inspector is acting in an official capacity and the person\nhas knowledge of that circumstance.\nMaximum penalty: 100 penalty units or imprisonment for\n12 months.\n(2) Strict liability applies to subsection (1)(b).\n(3) In this section:\nobstruct includes hinder and resist.\n33 Misleading information\n(1) A person commits an offence if:\n(a) the person intentionally gives information to another\nperson; and\n(b) the other person is the CEO or an inspector; and\n(c) the information is misleading and the person has knowledge of\nthat circumstance; and\n(d) the CEO or inspector is acting in an official capacity and the\nperson has knowledge of that circumstance.\nMaximum penalty: 100 penalty units or imprisonment for\n12 months.\n\nPart 3 Enforcement\nDivision 3 Other offences\nHemp Industry Act 2019 15\n(2) A person commits an offence if:\n(a) the person intentionally gives a document to another\nperson; and\n(b) the other person is the CEO or an inspector; and\n(c) the document contains misleading information and the person\nhas knowledge of that circumstance; and\n(d) the CEO or inspector is acting in an official capacity and the\nperson has knowledge of that circumstance.\nMaximum penalty: 100 penalty units or imprisonment for\n12 months.\n(3) Strict liability applies to subsections (1)(b) and (2)(b).\n(4) It is a defence to a prosecution for an offence against\nsubsections (1) or (2) if the person, when giving the information or\ndocument:\n(a) draws the misleading aspect of the information or document to\nthe CEO or inspector's attention; and\n(b) to the extent to which the person can reasonably do so – gives\nthe CEO or inspector the information necessary to remedy the\nmisleading aspect of the information or document.\nNote for subsection (4)\nThe defendant has an evidential burden in relation to the matters mentioned (see\nsection 43BU of the Criminal Code).\n(5) In this section:\nmisleading information means information that is misleading in a\nmaterial particular or because of the omission of a material\nparticular.\n34 Falsely representing to be inspector\nA person commits an offence if the person:\n(a) intentionally represents, by words or conduct, that the person\nor another person is an inspector; and\n(b) knows the representation is false.\nMaximum penalty: 100 penalty units or imprisonment for\n12 months.\n\nPart 3 Enforcement\nDivision 4 Legal proceedings\nHemp Industry Act 2019 16\n35 Offence to disclose certain information\n(1) A person commits an offence if:\n(a) the person obtains information in the course of performing a\nfunction connected with the administration of this Act or\nexercising a power under this Act; and\n(b) the information is confidential and the person is reckless in\nrelation to that circumstance; and\n(c) the person intentionally engages in conduct; and\n(d) the conduct results in the disclosure of the information and the\ndisclosure is not:\n(i) for a purpose connected with the administration of this\nAct, including a legal proceeding arising out of the\noperation of this Act; or\n(ii) to a person who is otherwise entitled to the\ninformation; and\n(e) the person is reckless in relation to the result and\ncircumstance referred to in paragraph (d).\nMaximum penalty: 200 penalty units or imprisonment for\n2 years.\n(2) Strict liability applies to subsection (1)(a).\n(3) If the information referred to in subsection (1) relates to a person, it\nis a defence to a charge for an offence against that subsection if the\nperson has consented to the disclosure of the information.\nNote for subsection (3)\nIn addition to the circumstances mentioned in this section, a person who\ndiscloses information mentioned in this section will not be criminally responsible\nfor an offence if the disclosure is justified or excused by or under a law (see\nsection 43BE of the Criminal Code).\nDivision 4 Legal proceedings\n36 Authority to prosecute\n(1) A proceeding for an offence against this Act must not be\ncommenced without the approval of the CEO or a person\nauthorised by the CEO.\n\nPart 4 Miscellaneous\nHemp Industry Act 2019 17\n(2) Approval may be given in relation to a particular case or class of\ncase.\n(3) A document purporting to be the approval of the CEO, or person\nauthorised, is evidence of that approval.\n(4) Subsection (1) does not apply to a prosecution started by the\nAttorney-General or Director of Public Prosecutions.\n37 Time for commencing proceedings\nA proceeding for an offence against this Act must be commenced\nwithin 3 years after the day on which the CEO first became aware\nof the commission of the alleged offence.\n38 Evidentiary certificates\nIn a proceeding for an offence against this Act, a certificate signed\nby the CEO and stating any of the following matters is evidence of\nthe matter:\n(a) a specified person was an inspector having specified powers\nunder this Act at a specified time;\n(b) a specified document was made or given at a specified time;\n(c) a specified person was or was not licensed under this Act at a\nspecified time.\nPart 4 Miscellaneous\n39 Hemp industry register\n(1) The CEO must establish and maintain a hemp industry register.\n(2) The register must contain the following information in respect of\neach licence:\n(a) the name of the licensee;\n(b) the locations at which the licensee cultivates, processes or\nstores hemp under the licence;\n(c) if the regulations prescribe any other information – the\nprescribed information.\n(3) The CEO must ensure that the register, or any part of the register,\nis accessed only by:\n(a) the Commissioner of Police; or\n\nPart 4 Miscellaneous\nHemp Industry Act 2019 18\n(b) a prescribed person, or a person of a prescribed class, who is\nauthorised to do so by the CEO (an authorised person).\n(4) The CEO or an authorised person may disclose information in the\nregister to a public authority as defined in section 5 of the\nOmbudsman Act 2009:\n(a) for the purpose of law enforcement; or\n(b) if authorised or required under any law in force in the\nTerritory; or\n(c) if the CEO or authorised person believes on reasonable\ngrounds that the disclosure is necessary to enable the proper\nadministration of this Act.\n40 Approved forms\nThe CEO may approve forms for this Act.\n41 Delegation\nThe CEO may delegate any of the CEO's powers and functions\nunder this Act to a person.\n42 Acquisition on just terms\nIf the operation of this Act would, apart from this section, result in\nan acquisition of property from a person otherwise than on just\nterms:\n(a) the person is entitled to receive from the Territory the\ncompensation necessary to ensure the acquisition is on just\nterms; and\n(b) a court of competent jurisdiction may decide the amount of\ncompensation or make the orders it considers necessary to\nensure the acquisition is on just terms.\n43 Protection from liability\n(1) A person is not civilly or criminally liable for an act done or omitted\nto be done by the person in good faith in the exercise of a power or\nperformance of a function as the CEO or an inspector.\nNote for subsection (1)\nThis section has effect subject to Part VIIA of the Police Administration Act 1978\nto the extent that it applies to the civil liability of an inspector who is a police\nofficer.\n\nPart 4 Miscellaneous\nHemp Industry Act 2019 19\n(2) Subsection (1) does not affect any liability the Territory would, apart\nfrom that subsection, have for the act or omission.\n(3) In this section:\nexercise of a power includes the purported exercise of the power.\nperformance of a function includes the purported performance of\nthe function.\n44 Regulations\n(1) The Administrator may make regulations under this Act.\n(2) A regulation may do any of the following:\n(a) prescribe fees payable under this Act;\n(b) provide for procedures to be followed, and the recovery by the\nCEO of any costs incurred, in relation to any of the following:\n(i) taking, removing and analysing samples;\n(ii) conducting tests;\n(iii) dealing with seized or surrendered materials;\n(c) prescribe minimum land areas for cultivation of low THC\nhemp;\n(d) provide for the disposal or destruction of hemp;\n(e) provide for an offence against a regulation to be an offence of\nstrict or absolute liability;\n(f) provide for a fine not more than:\n(i) 50 penalty units for an offence against a regulation that\nis an offence of strict or absolute liability; or\n(ii) 100 penalty units for any other offence against a\nregulation;\n(g) provide for the application, adoption or incorporation (with or\nwithout changes) of the whole or part of a document as in\nforce or existing at a particular time or from time to time.\n\nSchedule Reviewable decisions and affected persons\nHemp Industry Act 2019 20\nSchedule Reviewable decisions and affected persons\nsection 21\nReviewable decision Affected person\nRefusing to issue or renew a licence under\nsection 13 Applicant\nImposing a condition under section 15(2) Applicant or licensee\nAmending or revoking or refusing to amend\nor revoke a condition under section 17 Applicant or licensee\nSuspending or cancelling a licence under\nsection 19 Licensee\n\nENDNOTES\nHemp Industry Act 2019 21\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nHemp Industry Act 2009 (Act No. 25, 2019)\nAssent date 2 September 2019\nCommenced 6 May 2020 (Gaz G18, 6 May 2020, p 2)\nStatute Law Amendment (Territory Economic Reconstruction) Act 2022 (Act No. 5,\n2022)\nAssent date 14 April 2022\nCommenced pt 7: nc; rem: 25 May 2022 (Gaz G21, 25 May 2022, p 1)\n3 LIST OF AMENDMENTS\ns 3 amd No. 5, 2022, s 105\npt 5 hdg exp No. 25, 2019, s 49\npt 5\ndiv 1 hdg exp No. 25, 2019, s 49\nss 45 – 46 exp No. 25, 2019, s 49\npt 5\ndiv 2 hdg exp No. 25, 2019, s 49\nss 47 – 49 exp No. 25, 2019, s 49","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original intent as stated in the long title ('An Act to regulate the development and operation of a hemp industry'). The substantive provisions cover licensing, enforcement, and industry regulation as expected. Notably, Part 5 (sections 45-49) expired on commencement according to the endnotes, suggesting transitional provisions that self-terminated rather than scope creep."},"complexity_factors":["Moderate length at 44 sections plus Schedule, but relatively straightforward structure","18 defined terms in section 3, plus additional definitions scattered through other sections (e.g., 'associate' in section 4, 'affected by bankruptcy action' in section 11)","Cross-references to Commonwealth Narcotic Drugs Act 1967 and NT Criminal Code, plus NT Civil and Administrative Tribunal Act 2014","Nested conditional logic in licensing suitability tests (section 12) with multiple factors and a specific additional test for Class B research licences","Special procedures for handling classified/criminal intelligence information (section 22) creating exceptions to normal administrative law transparency requirements","Multiple offence provisions with varying fault elements (intention, recklessness, strict liability) requiring careful parsing","Delegated legislative power allowing regulations to prescribe fees, procedures, minimum land areas, and additional offences"],"plain_english_summary":"**What this law does:**\n\nThis is the Northern Territory's law for creating and running a legal hemp industry. It sets up a licensing system so people and businesses can grow, process, and sell hemp (cannabis plants with very low THC — the chemical that gets people high) without breaking drug laws.\n\n**Who it affects:**\n\n*   **Farmers and businesses** wanting to grow hemp for fibre, food, or other commercial uses\n*   **Researchers** studying hemp (either low-THC or regular hemp for scientific purposes)\n*   **Government officials** — the CEO (Chief Executive Officer) who runs the system, inspectors who check compliance, and police who provide security checks\n\n**Key things the law covers:**\n\n*   **Three types of licences:**\n    *   *Commercial licence* — for growing and selling low-THC hemp for business\n    *   *Class A research licence* — for studying low-THC hemp\n    *   *Class B research licence* — for studying regular hemp (stricter requirements)\n\n*   **Strict rules about who can get a licence:** You must be an Australian resident (or a company with suitable officers), not bankrupt, and pass a \"fit and proper person\" test looking at your character, criminal history, and finances. Police must check every application and can veto it based on criminal intelligence.\n\n*   **Enforcement powers:** Government inspectors can enter properties (except homes), check records, take samples, and seize hemp if rules are broken. It's an offence to obstruct them or give false information.\n\n*   **Security and secrecy:** The law protects \"classified information\" (criminal intelligence) — if police oppose a licence based on secret information, the government doesn't have to tell the applicant why. There's also a register of licensees that police can access.\n\n*   **Review rights:** If your licence application is refused or cancelled, you can appeal to NTCAT (the Northern Territory Civil and Administrative Tribunal), though this is limited when classified information is involved.\n\n**Why it matters:**\n\nThis law draws a clear legal line between industrial hemp (legal with a licence) and marijuana (illegal). It lets the NT develop a hemp industry for textiles, food, and other products while keeping tight control to prevent drug diversion. The heavy involvement of police and security provisions reflect concerns about ensuring hemp stays low-THC and doesn't leak into illegal drug markets."},"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":[]},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act, as presented, remains a focused licensing and regulatory framework for development and operation of a hemp industry (licensing, enforcement, register and regulatory powers). Endnotes record a definition amendment (s 3 amended by Statute Law Amendment (Territory Economic Reconstruction) Act 2022) and other minor technical amendments, but the core subject matter and mechanisms (licensing, police vetting, inspector powers, register, delegated regulations) are unchanged. No material expansion beyond the original regulatory scope is apparent in the provided text; amendments noted in the endnotes appear to be technical or administrative rather than a substantial broadening of purpose."},"complexity_factors":["About 44 substantive sections plus a Schedule (multi-part Act with discrete Parts on licensing, enforcement and miscellaneous provisions)","Approximately 17 defined terms in the Interpretation section (s 3) that are reused throughout","Cross-references to other laws and institutions: Criminal Code (Part IIAA) (s 6), Narcotic Drugs Act 1967 (Cth) (s 7), Northern Territory Civil and Administrative Tribunal Act 2014 (s 21 note), Serious Crime Control Act 2009 (classified information) (s 3 definition)","CEO discretion in many areas (application investigation, suitability, imposing/amending conditions, suspension/cancellation) (s 10, s 12, s 15–19)","Mandatory police vetting with a binding effect where police oppose (s 10(3)–(6))","Classified information rules that limit disclosure and affect review and evidence handling (s 22)","Multiple offences with a range of fault standards including strict liability and criminal penalties up to imprisonment (s 16, s 27(2), s 29(2), s 32–35, s 35)","Inspector powers with numerous enforcement tools (enter, inspect, copy, sample, seize, possess) and delegated procedures for samples and seized goods via regulations (s 27–31, s 44)","Significant use of delegated legislation (regulations) to set fees, testing, disposal, minimum land area and penalties (s 44)","Appeal and review pathway via NTCAT, but constrained where classified information is involved (s 21–22 and Schedule)"],"plain_english_summary":"The Act creates a permission-and-control regime for a Northern Territory hemp industry: commercial and two research licences authorise possession, cultivation, processing and supply, subject to fees, suitability checks, conditions, inspections and time limits. It centralises decision-making with the CEO and gives the Commissioner of Police a mandatory vetting role, allows seizure and confidential reasons, and concentrates compliance, operational and commercial-data risks on applicants, licensees and their contractors."}},"importantCases":[],"_links":{"self":"/api/acts/hemp-industry-act-2019","history":"/api/acts/hemp-industry-act-2019/history","analysis":"/api/acts/hemp-industry-act-2019/analysis","conflicts":"/api/acts/hemp-industry-act-2019/conflicts","importantCases":"/api/acts/hemp-industry-act-2019/important-cases","documents":"/api/acts/hemp-industry-act-2019/documents"}}