{"id":"industrial-hemp-act-2017","name":"Industrial Hemp Act 2017","slug":"industrial-hemp-act-2017","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105550,"registerId":"sa-industrial-hemp-act-2017-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Industrial Hemp Act 2017","content":"South Australia\nIndustrial Hemp Act 2017\nAn Act to authorise and regulate the cultivation of industrial hemp; to make a related amendment to the Controlled Substances Act 1984; and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n2\tCommencement\n3\tInterpretation\n4\tMeaning of associate\n5\tCriminal intelligence\n6\tProvisions of Act not unlawful\n7\tInteraction with Commonwealth law\nPart 2—Licences\n8\tApplication for licence\n9\tChief Executive must investigate application\n10\tSuitability of applicant—fit and proper person\n11\tDetermination of licence application\n12\tTerms and conditions of licence\n13\tRenewal of licence\n14\tChief Executive must investigate renewal application\n15\tDetermining a renewal application\n16\tSuspension or cancellation of licence\n17\tReview by Tribunal\nPart 3—Inspectors\n18\tInspectors\n19\tGeneral powers of inspector\n20\tInspector has power to seize material\nPart 4—Offences\n21\tFalse or misleading statements\n22\tOffence to fail to comply with a requirement\n23\tInterference with inspectors\n24\tOffence to impersonate inspector\n25\tOffence not to comply with licence\nPart 5—Miscellaneous\n26\tIndustrial Hemp Register\n27\tDelegation\n28\tImmunity from personal liability\n29\tProtection against self-incrimination\n30\tRegulations\nSchedule 1—Related amendment\nPart 1—Preliminary\n1\tAmendment provision\nPart 2—Amendment of Controlled Substances Act 1984\n2\tAmendment of section 31—Application of Part\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Industrial Hemp Act 2017.\n2—Commencement\nThis Act will come into operation on a day to be fixed by proclamation.\n3—Interpretation\nIn this Act—\nACC means the Australian Crime Commission established under the Australian Crime Commission Act 2002 of the Commonwealth;\ncertified hemp seed means seed certified, in accordance with the regulations, as seed that will typically produce hemp plants with a concentration of THC in the leaves and flowering heads of not more than 0.5%;\nChief Executive means the Chief Executive of the Department that is, under a Minister, responsible for the administration of the Agricultural and Veterinary Chemicals (South Australia) Act 1994;\ncriminal intelligence means information relating to actual or suspected criminal activity (whether in this State or elsewhere) the disclosure of which could reasonably be expected to prejudice criminal investigations, to enable the discovery of the existence or identity of a confidential source of information relevant to law enforcement or to endanger a person's life or physical safety;\ncultivate means—\n\t(a)\tplant a seed, seedling or cutting of the plant or transplant the plant; or\n\t(b)\tnurture, tend or grow the plant; or\n\t(c)\tharvest the plant (including pick any part of the plant or separate any resin or other substance from the plant); or\n\t(d)\tdry the harvested plant or part of the plant; or\n\t(e)\ttake part in the process of cultivation of the plant;\ndrug of dependence means a poison within the meaning of the Controlled Substances Act 1984 declared by the regulations under that Act to be a drug of dependence;\ndrug related offence means—\n\t(a)\tan indictable offence involving possession, or cultivation of, or trafficking in, a drug of dependence; or\n\t(b)\tan indictable offence under the Controlled Substances Act 1984; or\n\t(c)\tan indictable offence under the law of another jurisdiction involving possession, or cultivation of, or trafficking in, a drug of dependence; or\n\t(d)\tan offence of a kind prescribed by the regulations;\nhemp means a plant, or any part (including the seed) of a plant, of the genus cannabis;\nindustrial hemp means hemp that—\n\t(a)\thas been grown from certified hemp seed; and\n\t(b)\thas a concentration of THC in the leaves and flowering heads of not more than 1%,\nand includes the seed of such a plant and any product derived from any such plant;\nindustrial hemp licence—see section 8(1);\nindustrial hemp register means the register established under section 26;\ninspector means—\n\t(a)\ta person appointed as an inspector under section 18; or\n\t(b)\ta police officer;\nlicence means a licence under this Act;\nlicence holder means—\n\t(a)\tthe holder of an industrial hemp licence; or\n\t(b)\tthe holder of a special licence;\npremises means any land, building, structure, vehicle, vessel or aircraft;\nsell means sell by wholesale or retail and includes the following:\n\t(a)\tagree to sell;\n\t(b)\toffer or expose for sale;\n\t(c)\tkeep, or possess, for sale;\n\t(d)\tdeal in, barter or exchange;\n\t(e)\tsend, forward, deliver or receive for sale;\n\t(f)\tauthorise, direct, cause or permit the doing of any matter in paragraphs (a) to (e);\nspecial licence—see section 8(2);\nsupply includes the following:\n\t(a)\tdeliver, sell, trade, give or distribute, whether for valuable consideration or not;\n\t(b)\toffer or agree to supply;\n\t(c)\tcause or permit to supply;\n\t(d)\thold in possession for the purpose of supply;\n\t(e)\tproduce or pack for the purpose of supply;\nTHC means tetrahydrocannabinol;\nTribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.\n4—Meaning of associate\n\t(1)\tFor the purposes of this Act, a person who is of or above the age of 18 years is an associate of an applicant for a licence or a licence holder if the person—\n\t(a)\tholds any relevant financial interest, or is entitled to exercise any relevant power (whether in right of the person or on behalf of any other person) in the business of the applicant or the licence holder (being the business to which the application or licence relates), and by virtue of that interest or power, is able to exercise a significant influence over or with respect to the management or operation of the business; or\n\t(b)\tholds any relevant position (whether in right of the person or on behalf of any other person) in the business of the applicant or the licence holder (being the business to which the application or licence relates).\n\t(2)\tIn subsection (1)—\nrelevant financial interest in relation to a business means—\n\t(a)\tany share in the capital of the business; or\n\t(b)\tany entitlement to receive any income derived from the business;\nrelevant position, in relation to the business of an applicant or a licence holder, means—\n\t(a)\tthe position of director, partner, trustee, manager, secretary or other executive position, however designated; and\n\t(b)\tany other position determined by the Chief Executive to be associated or connected with the ownership, administration or management of the operations or business of the applicant;\nrelevant power means any power, whether exercisable by voting or otherwise and whether exercisable alone or in association with others—\n\t(a)\tto participate in any directorial, managerial or executive decision; or\n\t(b)\tto elect or appoint any person to any relevant position.\n5—Criminal intelligence\n\t(1)\tInformation that is classified by the Commissioner of Police as criminal intelligence for the purposes of this Act may not be disclosed to any person other than the Chief Executive, the Minister, the Tribunal, a court or a person to whom the Commissioner of Police authorises its disclosure.\n\t(2)\tIf the Commissioner of Police—\n\t(a)\topposes the issuing or renewal of a licence; or\n\t(b)\trequests the suspension or cancellation of a licence,\non the basis of information that is classified by the Commissioner of Police as criminal intelligence, the Chief Executive is not (despite any other provision of this Act) required to provide any grounds or reasons for a decision to refuse to issue or renew the licence or to suspend or cancel the licence (as the case may be) other than that the decision was made in the public interest.\n\t(3)\tIn any proceedings under this Act, the Tribunal or a court—\n\t(a)\tmust, on the application of the Commissioner of Police, take steps to maintain the confidentiality of information classified by the Commissioner of Police as criminal intelligence, including steps to receive evidence and hear argument about the information in private in the absence of the parties to the proceedings and their representatives; and\n\t(b)\tmay take evidence consisting of or relating to information so classified by the Commissioner of Police by way of affidavit of a police officer of or above the rank of superintendent.\n\t(4)\tThe Commissioner of Police may not delegate the function of classifying information as criminal intelligence for the purposes of this Act except to a Deputy Commissioner or Assistant Commissioner of Police.\n6—Provisions of Act not unlawful\nNothing in any other Act or law affects the provisions of this Act or renders unlawful anything done in accordance with this Act.\n7—Interaction with Commonwealth law\n\t(1)\tA provision of this Act has no effect to the extent of any inconsistency with the Commonwealth Act (and this Act is not to be taken to authorise the performance of a function or the exercise of a power under this Act that would result in operational inconsistency of this Act with the Commonwealth Act).\n\t(2)\tIn this section—\nCommonwealth Act means the Narcotic Drugs Act 1967 of the Commonwealth.\nNote—\nSee section 7A of the Commonwealth Act in relation to its interaction with State and Territory laws.\nPart 2—Licences\n8—Application for licence\n\t(1)\tA person may apply to the Chief Executive for an industrial hemp licence which authorises a person to possess, cultivate, process or supply industrial hemp for 1 or more of the following purposes specified in the licence:\n\t(a)\tcommercial production;\n\t(b)\tuse in a manufacturing process;\n\t(c)\tfood production;\n\t(d)\tscientific research, instruction, analysis or study;\n\t(e)\tany other purpose approved by the Chief Executive.\n\t(2)\tA person may apply to the Chief Executive for a special licence which authorises a person to possess, cultivate, process or supply hemp, that is not industrial hemp, for the purpose of scientific research, instruction, analysis or study.\n\t(3)\tAn application under subsection (1) or (2) must—\n\t(a)\tbe in a form approved by the Chief Executive; and\n\t(b)\tbe accompanied by the prescribed fee; and\n\t(c)\tcontain information and be accompanied by such other records as the Chief Executive may require to determine the application.\n9—Chief Executive must investigate application\n\t(1)\tOn receiving an application under section 8, the Chief Executive may carry out such investigations and inquiries as the Chief Executive considers necessary to determine the application.\n\t(2)\tThe Chief Executive may, by notice in writing, require an applicant to—\n\t(a)\tprovide information, and produce such documents, as are relevant to the investigation of the application as specified in the notice; and\n\t(b)\tprovide the Chief Executive with such authorities and consents as the Chief Executive directs to enable the Chief Executive to obtain financial or other confidential information concerning the applicant from other persons; and\n\t(c)\tsubmit to the Chief Executive a criminal history report (such as a National Police Certificate) relating to the applicant provided by South Australia Police or the ACC or an ACC accredited agency or broker,\nand, if a requirement made under this section is not complied with, the Chief Executive may refuse to determine the application.\n\t(3)\tThe Chief Executive must provide a copy of each application under section 8 and any accompanying information and documents to the Commissioner of Police.\n\t(4)\tThe Commissioner of Police must—\n\t(a)\tinquire into and report to the Chief Executive on any matters concerning the application that the Commissioner of Police believes are appropriate or reasonably necessary; and\n\t(b)\tinquire into and report to the Chief Executive on any matters concerning the application that the Chief Executive requests; and\n\t(c)\twithin 60 days of receiving the application from the Chief Executive, notify the Chief Executive in writing of the Commissioner of Police's decision to support or oppose the issuing of the licence and provide the reasons for the decision.\n\t(5)\tIf the Chief Executive is notified under subsection (4)(c) that the Commissioner of Police opposes the issuing of a licence, the Chief Executive must not issue the licence.\n\t(6)\tBefore determining an application for a special licence under section 8(2), the Chief Executive must consult with the Minister responsible for the administration of the Controlled Substances Act 1984.\n10—Suitability of applicant—fit and proper person\n\t(1)\tThe Chief Executive must not grant a licence to an applicant, or renew a licence on application by a licence holder, unless the Chief Executive is satisfied that—\n\t(a)\tneither the applicant nor any associate of the applicant has been found guilty of a drug related offence; and\n\t(b)\tthe applicant and each associate of the applicant are fit and proper persons to be concerned in or associated with the cultivation of hemp or industrial hemp (as the case requires); and\n\t(c)\tthe applicant meets the prescribed requirements (if any). \n\t(2)\tFor the purpose of determining whether an applicant or a licence holder is a fit and proper person under this Act, the Chief Executive may consider any of the following:\n\t(a)\tthe character, honesty and integrity of—\n\t(i)\tthe applicant or licence holder; and\n\t(ii)\tthe associates of the applicant or licence holder; and\n\t(iii)\tthe relatives of the applicant or licence holder; and\n\t(iv)\tany person in a position to exercise control or significant influence over the conduct of the applicant or licence holder;\n\t(b)\twhether the applicant or licence holder or any associate or relative of the applicant or licence holder has been found guilty by a court (whether in or outside South Australia) of any offence;\n\t(c)\twhether the applicant or licence holder or any associate of the applicant or licence holder has a history of non‑compliance with the Act;\n\t(d)\tin the case of an applicant or licence holder that is not a natural person—whether the applicant or licence holder has a satisfactory ownership, trust or corporate structure;\n\t(e)\tthe financial circumstances of the applicant or licence holder, including any matter that may significantly limit the applicant or licence holder's capacity to meet obligations in conducting activities under the licence in compliance with the terms and conditions applying to the licence.\n\t(3)\tIn this section—\ndomestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;\nrelative means a person who is—\n\t(a)\ta spouse or domestic partner; or\n\t(b)\ta parent; or\n\t(c)\ta step‑parent; or\n\t(d)\ta sibling or step‑sibling; or\n\t(e)\ta child, step‑child or adopted child;\nspouse—a person is the spouse of another if they are legally married.\n11—Determination of licence application\n\t(1)\tAfter considering an application and carrying out an investigation under section 9, the Chief Executive must determine the application by—\n\t(a)\tgranting the application and issuing an industrial hemp licence or a special licence to the applicant; or\n\t(b)\trefusing the application.\n\t(2)\tThe Chief Executive must—\n\t(a)\tnotify the applicant in writing of the decision under subsection (1); and\n\t(b)\tif the Chief Executive refuses an application under subsection (1)(b), provide reasons for the decision.\n12—Terms and conditions of licence\n\t(1)\tA licence has effect for a period of 5 years from the day on which it is granted, or such shorter period as specified in the licence, unless it is sooner suspended or cancelled.\n\t(2)\tA licence is subject to the prescribed terms and conditions (if any).\n\t(3)\tThe Chief Executive may, at any time by notice in writing to the holder of a licence—\n\t(a)\timpose a term or condition on a licence; and\n\t(b)\tvary, suspend or revoke a term or condition of a licence,\nand such a term, condition, variation, suspension or revocation takes effect when notice is given to the holder of a licence or on such later date as specified in the notice.\n\t(4)\tThe Chief Executive may exercise a power under subsection (3)—\n\t(a)\ton the application of the holder of a licence; or\n\t(b)\tin the Chief Executive's discretion.\n\t(5)\tAn application by the holder of a licence under subsection (4)(a) must—\n\t(a)\tbe in writing; and\n\t(b)\tbe accompanied by the relevant prescribed fee (if any); and\n\t(c)\tbe accompanied by any prescribed particulars.\n\t(6)\tWithout limiting subsection (3), the conditions of a licence may require—\n\t(a)\tthe keeping of records and other documents; and\n\t(b)\tthe provision of information, records or other documents to the Chief Executive relating to—\n\t(i)\tthe activities carried out under the licence; or\n\t(ii)\tthe source of seeds from which hemp or industrial hemp is cultivated; or\n\t(iii)\ta change in the position of director, trustee, partner, manager, secretary or other executive position, however designated, or the structure of the business to which the licence relates; or\n\t(iv)\tany other matter that the Chief Executive reasonably requires in relation to the licence or the licensed activity.\n\t(7)\tA licence is not transferrable.\n13—Renewal of licence\n\t(1)\tThe holder of a licence may apply to the Chief Executive for the renewal of the licence.\n\t(2)\tA renewal application must be made to the Chief Executive at least 3 months before the licence is due to expire.\n\t(3)\tA renewal application must—\n\t(a)\tbe in writing; and\n\t(b)\tbe accompanied by any information relevant to whether or not the applicant and each associate of the applicant is a fit and proper person; and\n\t(c)\tbe accompanied by the relevant prescribed renewal fee (if any); and\n\t(d)\tbe accompanied by any other information the Chief Executive reasonably requires to assess the application; and\n\t(e)\tcontain any prescribed particulars.\n14—Chief Executive must investigate renewal application\n\t(1)\tOn receipt of a renewal application under section 13, the Chief Executive must carry out any investigation or inquiry necessary to determine the renewal application.\n\t(2)\tThe Chief Executive must provide a copy of a renewal application made under section 13 and any accompanying documents to the Commissioner of Police.\n\t(3)\tThe Commissioner of Police must—\n\t(a)\tinquire into and report to the Chief Executive on any matters concerning the application that the Commissioner of Police believes are appropriate or reasonably necessary; and\n\t(b)\tinquire into and report to the Chief Executive on any matters concerning the renewal application that the Chief Executive requests; and\n\t(c)\twithin 60 days of receiving the application from the Chief Executive notify the Chief Executive in writing of the Commissioner of Police's decision to support or oppose the renewal of a licence and provide the reasons for the decision.\n\t(4)\tIf the Chief Executive is notified under subsection (3)(c) that the Commissioner of Police opposes the renewal of a licence, the Chief Executive must not renew the licence.\n15—Determining a renewal application\n\t(1)\tAfter considering a renewal application and any investigation under section 14, the Chief Executive must determine the renewal application by—\n\t(a)\trenewing the licence for a period not exceeding 5 years; or\n\t(b)\trefusing the application.\n\t(2)\tA renewed licence expires on the date specified by the Chief Executive, unless the licence is sooner cancelled or suspended.\n\t(3)\tThe Chief Executive must—\n\t(a)\tnotify the applicant in writing of the decision under subsection (1)(a); and\n\t(b)\tif the Chief Executive refuses to renew a licence under subsection (1)(b), provide reasons for the decision.\n16—Suspension or cancellation of licence\n\t(1)\tThe Chief Executive may, by notice in writing to a licence holder, suspend or cancel the licence—\n\t(a)\tif the licence holder requests suspension or cancellation; or\n\t(b)\tif the Chief Executive is satisfied that the licence holder has contravened or failed to comply with the provisions of this Act or a term or condition of the licence; or\n\t(c)\tif the Chief Executive is satisfied that the licence holder or any associate of the licence holder is no longer a fit and proper person to be concerned with or associated with the cultivation or supply of hemp or industrial hemp (as the case requires); or\n\t(d)\tif the Commissioner of Police requests suspension or cancellation on the basis of criminal intelligence concerning the licence holder or an associate of the licence holder; or\n\t(e)\tif the licence holder ceases to carry on the activity to which the licence relates; or\n\t(f)\tif prescribed circumstances exist.\n\t(2)\tBefore suspending or cancelling a licence under subsection (1), the Chief Executive must—\n\t(a)\tnotify the licence holder that the licence holder may, within 30 days before the licence is to be suspended or cancelled, show cause why the licence should not be suspended or cancelled; and\n\t(b)\tconsider any submission under paragraph (a).\n\t(3)\tIf a licence is suspended or cancelled under subsection (1), the Chief Executive must notify the Commissioner of Police regarding the suspension or cancellation.\n\t(4)\tThe suspension or cancellation of a licence takes effect from the day specified in the notice, or in the case of a suspension, for the period specified in the notice.\n\t(5)\tA licence holder may surrender hemp, industrial hemp or other material cultivated under this Act to the Chief Executive on suspension or cancellation of a licence, and the surrendered material must be dealt with in accordance with the regulations.\n17—Review by Tribunal\n\t(1)\tA person may apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for review of a decision of the Chief Executive made under this Act.\n\t(2)\tSubject to subsection (3), an application for review must be made within 1 month of the making of the relevant decision of the Chief Executive.\n\t(3)\tIf the reasons of the Chief Executive are not given in writing at the time of making the decision and the person (within 1 month of the making of the decision) requires the Chief Executive to state the reasons in writing, the time for commencing proceedings before the Tribunal runs from the time at which the person receives the written statement of those reasons.\nPart 3—Inspectors\n18—Inspectors\n\t(1)\tThe Chief Executive may, by instrument in writing, authorise persons to be inspectors for the purposes of this Act.\n\t(2)\tThe Chief Executive may determine the terms and conditions of authorisation of any inspector.\n\t(3)\tThe terms and conditions of authorisation of an inspector may contain general directions as to how the inspector's powers may be exercised.\n\t(4)\tThe Chief Executive, in writing, may vary or revoke the authorisation of an inspector at any time.\n\t(5)\tThe Chief Executive must provide each inspector (other than an inspector who is a police officer) with an identification certificate setting out the provisions of this Act for which the inspector is authorised to be an inspector.\n\t(6)\tAn inspector must, at the request of a person in relation to whom the inspector has exercised, or intends to exercise, powers under this Act, produce the inspector's identification certificate.\n\t(7)\tIn this Part, a reference to an identification certificate in relation to an inspector who is a police officer is a reference to written evidence of the fact that the inspector is a police officer.\n19—General powers of inspector\n\t(1)\tFor the purposes of determining compliance with this Act, or a licence issued under this Act, an inspector, with any assistance the inspector thinks necessary, at any reasonable time may do all or any of the following:\n\t(a)\tenter and inspect any premises, other than premises used as a residence, if the inspector believes on reasonable grounds that hemp is being kept, cultivated or supplied at those premises contrary to this Act;\n\t(b)\tintercept, inspect and examine any vehicle or equipment which an inspector reasonably believes is being used in relation to the possession, cultivation, processing or supply of hemp or industrial hemp;\n\t(c)\trequire a person to produce any document that the inspector reasonably requires for ascertaining whether the Act or a licence is being complied with—\n\t(i)\tto examine the document; and\n\t(ii)\tto make copies of it or take extracts from it; and\n\t(iii)\tto remove the document for as long as is reasonably necessary to make copies or take extracts;\n\t(d)\ttake or remove for examination samples of or from, or specimens of, soil, hemp, or any other plant or crop to determine—\n\t(i)\twhether hemp has been cultivated in accordance with the licence; or\n\t(ii)\tthe concentration of THC in the hemp; or\n\t(iii)\tthat its possession is in accordance with the licence;\n\t(e)\tsubmit any sample or specimen taken in accordance with this Part to a laboratory or place approved by the Chief Executive for examination and testing.\n\t(2)\tAn inspector must not exercise any powers under this Act if the inspector fails to produce the inspector's identification certificate for inspection on request by the occupier of the place or the person in charge or apparent control of the place.\n\t(3)\tIf an inspector seizes a document or thing or takes a sample of, or from, a thing under this section, the inspector must do so in accordance with any requirements prescribed by the regulations.\n20—Inspector has power to seize material\n\t(1)\tAn inspector may seize hemp, industrial hemp or material cultivated under this Act if—\n\t(a)\tthe inspector believes on reasonable grounds that the holder of the licence has contravened a provision of the Act; or\n\t(b)\tthe material is required for evidence in a legal proceeding; or\n\t(c)\ta licence is suspended or cancelled.\n\t(2)\tIf an inspector seizes any material under this section, the seized material must be dealt with in accordance with the regulations.\n\t(3)\tWithout limiting the generality of subsection (2), regulations made under this section may provide for the following:\n\t(a)\tthe circumstances in which seized material may be destroyed or otherwise disposed of;\n\t(b)\tthe recovery by the Chief Executive of any costs incurred in dealing with seized material.\nPart 4—Offences\n21—False or misleading statements\nA person must not, in giving any information under this Act—\n\t(a)\tmake a statement knowing it to be false or misleading; or\n\t(b)\tomit any matter from a statement knowing that without that matter the statement is false or misleading.\nMaximum penalty: $5 000.\n22—Offence to fail to comply with a requirement\nA person must not, without lawful excuse, refuse or fail to comply with a requirement made of the person under this Act.\nMaximum penalty: $15 000.\n23—Interference with inspectors\nA person must not obstruct, hinder, threaten or attempt to influence an inspector in the exercise of a power under this Act.\nMaximum penalty: $15 000.\n24—Offence to impersonate inspector\nA person must not impersonate an inspector.\nMaximum penalty: $15 000.\n25—Offence not to comply with licence\nThe holder of a licence—\n\t(a)\tmust not possess, cultivate or supply hemp or industrial hemp otherwise than for the purpose for which the licence is granted; and\n\t(b)\tmust comply with the terms and conditions of the licence.\nMaximum penalty: $15 000 or imprisonment for 12 months, or both.\nPart 5—Miscellaneous\n26—Industrial Hemp Register\n\t(1)\tThe Chief Executive must establish and maintain an industrial hemp register.\n\t(2)\tThe industrial hemp register must contain the following information:\n\t(a)\tthe name of each licence holder;\n\t(b)\tthe location of the premises at which hemp or industrial hemp is authorised to be cultivated or processed under the licence;\n\t(c)\tother information as required by the regulations.\n\t(3)\tThe Chief Executive must ensure that the industrial hemp register, or any part of the register, is only accessed by a prescribed person, or a person of a prescribed class who is authorised to do so by the Chief Executive.\n\t(4)\tThe Chief Executive must ensure that personal information in the industrial hemp register is only disclosed in accordance with this Act.\n\t(5)\tUnless a disclosure is authorised under this section, a person authorised to have access to the industrial hemp register or any part of the register must not disclose to any person the following information in the register:\n\t(a)\tpersonal information;\n\t(b)\tthe location of specified premises;\n\t(c)\tcommercial in confidence information.\nMaximum penalty: $15 000 or imprisonment for 12 months, or both.\n\t(6)\tThe Chief Executive or a person authorised to have access to the industrial hemp register or any part of the register may disclose personal information in the industrial hemp register to a public authority—\n\t(a)\tfor the purpose of law enforcement; or\n\t(b)\tas required by or under any Act or law; or\n\t(c)\tif the Chief Executive or a person authorised to have access to the register believes on reasonable grounds that to do so is necessary to enable the proper administration of the Act.\n27—Delegation\n\t(1)\tThe Minister or the Chief Executive may, by instrument in writing, delegate a power or function under this Act (other than this power of delegation)—\n\t(a)\tto a particular person; or\n\t(b)\tto the person for the time being performing particular duties or holding or acting in a specified position.\n\t(2)\tA power or function delegated under this section may, if the instrument of delegation so provides, be further delegated.\n\t(3)\tA delegation—\n\t(a)\tmay be absolute or conditional; and\n\t(b)\tdoes not derogate from the power of the delegator to act personally in a matter; and\n\t(c)\tis revocable at will.\n28—Immunity from personal liability\nThe Chief Executive, a person acting under the direction of the Chief Executive, or an inspector are not in any way liable in respect of any act done or omitted in good faith in respect of anything done by them in the exercise or performance of any power, function or duty conferred or imposed on them by this Act.\n29—Protection against self-incrimination\nIt is a reasonable excuse for a natural person to refuse or fail to give information or do any other thing that the person is required to do by or under this Act if the giving of the information or the doing of that thing would tend to incriminate the person.\n30—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by this Act, or as are necessary or expedient for the purposes of this Act.\n\t(2)\tWithout limiting the generality of subsection (1), the regulations may—\n\t(a)\tprescribe fees or charges in respect of any matter under this Act and provide for the payment, recovery, reduction or waiver of fees or charges (including fees payable under another provision of this Act); and\n\t(b)\tbe of general, limited or varied application according to any specified factor to which the regulation is expressed to apply; and\n\t(c)\tprovide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Minister or the Chief Executive.\nSchedule 1—Related amendment\nPart 1—Preliminary\n1—Amendment provision\nIn this Schedule, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.\nPart 2—Amendment of Controlled Substances Act 1984\n2—Amendment of section 31—Application of Part\n\t(1)\tSection 31(1)—after paragraph (ag) insert:\n\t(ah)\tthe cultivation, processing, possession, sale or supply of a plant, or the sale, supply or possession of a substance by a person who is acting in accordance with the Industrial Hemp Act 2017; or\n\t(ai)\tthe possession of industrial hemp that is cultivated or supplied pursuant to a licence under the Industrial Hemp Act 2017; or\n\t(2)\tSection 31(3)—before the definition of relevant controlled drug insert:\nindustrial hemp has the same meaning as in the Industrial Hemp Act 2017;\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal Act\nYear\nNo\nTitle\nAssent\nCommencement\n2017\n15\nIndustrial Hemp Act 2017 \n16.5.2017\n12.11.2017 (Gazette 31.10.2017 p4467)\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The Act remains focused on authorising and regulating the cultivation, possession, processing and supply of low‑THC industrial hemp under licence. The Schedule's amendment to the Controlled Substances Act and the inclusion of a special licence for research align with that regulatory purpose rather than expanding scope significantly beyond the original intent. The principal additions are procedural and enforcement mechanisms (police intelligence confidentiality, detailed inspector powers, and a controlled register) necessary to implement the licensing regime rather than a substantive broadening of policy objectives."},"complexity_factors":["Approximately 20 defined terms in the interpretation section (e.g. industrial hemp, certified hemp seed, criminal intelligence, licence, inspector, associate).","Multiple cross‑references to other Acts: Controlled Substances Act 1984 (Schedule 1) and Commonwealth Narcotic Drugs Act 1967 (s7).","Significant administrative discretion vested in the Chief Executive (investigation, licence conditions, suspension/cancellation, variation) (ss9, 12, 16).","Police involvement with mandatory reporting and a veto where the Commissioner opposes (s9(3)–(5); s14), plus confidential \"criminal intelligence\" that can be withheld from applicants (s5).","Conditional and multilayered decision pathways: initial application, police review within 60 days, fit‑and‑proper assessment including associates and relatives, renewal processes, and show‑cause before suspension (ss9–11, 10, 13–16).","Inspector powers with procedural rules and seizure powers (ss18–20) and related regulatory requirements for samples and dealing with seized material.","Regulatory and privacy controls over the Industrial Hemp Register with criminal and imprisonment penalties for unauthorised disclosure (s26).","Appeal rights to the Tribunal with tight timeframes and limited disclosure where police intelligence is involved (s17; s5(3)).","Regulations power broad enough to prescribe fees, conditions and to delegate discretionary determinations to the Minister or Chief Executive (s30)."],"plain_english_summary":"**What this law does (mechanically)\n\n- Creates a licensing scheme to allow people and businesses to possess, cultivate, process and supply \"industrial hemp\" in South Australia (see s8). Industrial hemp is defined as cannabis grown from certified seed with THC in leaves/flowering heads not more than 1% (see s3).\n- Allows a separate \"special licence\" for possession, cultivation or processing of non‑industrial hemp for scientific research (s8(2)).\n- Requires applicants to apply in a prescribed form, pay fees and supply information (s8(3)), and gives the Chief Executive broad powers to investigate applications and require documents, police checks and consents to obtain confidential financial information (s9).\n- Gives the Commissioner of Police a formal role: the Commissioner is provided each application, must report within 60 days, and if the Commissioner opposes the licence the Chief Executive must not grant it (s9(3)–(5); s14 for renewals).\n- Imposes a \"fit and proper person\" test on applicants and their associates; the Chief Executive may consider criminal history, character, corporate structure and financial circumstances when deciding suitability (s10).\n- Grants licences for up to 5 years, makes licences non‑transferable, allows the Chief Executive to set, vary or suspend licence terms and conditions (including record‑keeping and seed sourcing), and allows licence holders to apply for changes (s12).\n- Provides processes for licence renewal, suspension and cancellation, including a show‑cause step before suspension/cancellation and automatic notification to police if a licence is suspended or cancelled (ss13–16).\n- Establishes inspector powers to enter non‑residential premises, inspect vehicles/equipment, require documents, take samples and seize hemp or material where offences or licence breaches are suspected (ss18–20). Inspectors must produce ID on request (s18(5)–(6)).\n- Creates an Industrial Hemp Register with controlled access and restrictions on disclosure of personal, location and commercial‑in‑confidence information (s26).\n- Sets offences and penalties for false/misleading statements, failing to comply with lawful requirements, obstructing inspectors, impersonating inspectors, and failing to comply with licence conditions (ss21–25).\n- Contains confidentiality protections for \"criminal intelligence\" classified by the Commissioner of Police and allows the Commissioner to withhold reasons based on such intelligence (s5).\n- Provides that this Act does not override inconsistent Commonwealth law (Narcotic Drugs Act 1967) and includes a Schedule amending the Controlled Substances Act 1984 to exempt licensed industrial hemp activities from certain controlled‑substances provisions.\n\n\nWho is affected\n\n- Applicants and businesses wanting to grow, process or supply industrial hemp for commercial, manufacturing, food or research purposes (s8).\n- Researchers who need a special licence to work with non‑industrial hemp (s8(2)).\n- Associates, relatives and persons with significant financial interests in applicant businesses because their records and histories are assessable for the fit and proper test (s4; s10).\n- South Australia Police and the Chief Executive (departmental staff) because they receive applications, conduct checks, and exercise enforcement and confidentiality functions (s9; s5).\n- Inspectors and licence holders who must comply with inspection powers, record‑keeping obligations and potential seizure of material (ss18–20; s12(6)).\n\n\nWhy it matters (stated purpose and practical effects)\n\n- The Act formally legalises and regulates the commercial cultivation and use of low‑THC hemp under licence, while keeping control over higher‑THC cannabis through the existing Controlled Substances Act and Commonwealth law (s3 definition; Schedule 1; s7).\n- Officially, the purpose is to authorise and regulate industrial hemp cultivation. Mechanically, it achieves this by creating a licensing regime, compliance rules, enforcement powers and a confidential register.\n\n\nPractical implications, trade‑offs and implementation risks\n\n- Compliance costs and administrative burden fall on applicants and licence holders. They must pay fees, supply documentary evidence, submit to police checks and maintain records as licence conditions (ss8(3), 9(2), 12(6)). These are direct costs and ongoing compliance obligations that affect small farms and new entrants.\n- Discretion and procedural risk concentrate decision power in the Chief Executive and the Commissioner of Police. The Chief Executive has broad discretion to investigate, impose conditions, vary licences and revoke authorisations (ss9, 11, 12(3)); the Commissioner of Police can block licences and keep criminal intelligence confidential, limiting the reasons the Chief Executive must provide (s5(2), s9(4)–(5)). That structure speeds exclusion where police object, but reduces transparent administrative reasons available to applicants.\n- Privacy and business confidentiality are protected through restricted access to the Industrial Hemp Register (s26(3)–(5)), but the register can be disclosed to public authorities for law enforcement or administration (s26(6)). Licence holders bear the risk that location and personally identifiable information are reportable under those conditions.\n- Enforcement and monitoring capabilities are strong: inspectors can enter non‑residential premises, take samples to test THC concentrations, seize material and require documents (ss19–20). That raises the operational cost of compliance (testing, site security, record systems) and creates an enforcement pipeline for breaches.\n- Market effects: the licence, non‑transferability (s12(7)) and fit‑and‑proper tests (s10) create entry barriers that will concentrate benefits among holders able to satisfy police checks, financial requirements and administrative obligations. This can reduce the number of small or informal producers entering the market.\n- Interaction with Commonwealth law (s7) and the amendment to the Controlled Substances Act in Schedule 1 mean that licensed industrial hemp activities are carved out from state controlled‑substances offences, but only to the extent they are consistent with Commonwealth obligations. Applicants must therefore remain attentive to both state licence conditions and federal law.\n- Appeal and review: affected persons can seek review of Chief Executive decisions in the South Australian Civil and Administrative Tribunal, typically within one month, although police confidentiality rules can limit disclosure in those proceedings (s17; s5(3)).\n\n\nWho pays, who decides, and what behaviour will change\n\n- Applicants and licence holders pay application/renewal fees and bear compliance costs (ss8(3), 13(3), s30(2)(a) allowing regulations to set fees).\n- The Chief Executive (departmental regulator) and the Commissioner of Police are principal decision‑makers: the Chief Executive issues and conditions licences; the Commissioner may block licences using criminal intelligence (ss9, 10, 12, 5).\n- Behavioural change expected: prospective hemp growers will move into a regulated licensing pathway (if compliant) or exit/avoid cultivation if unable or unwilling to meet checks. Licensed businesses will implement record‑keeping, seed‑sourcing controls, THC testing and security to satisfy licence conditions and inspections.\n\n\nKey sections referred to: s3 (definitions), s5 (criminal intelligence), s7 (Commonwealth interaction), s8 (licences), s9–11 (application/investigation/decision), s10 (fit and proper), ss12–16 (terms/renewal/suspension), ss18–20 (inspectors/seizure), s21–25 (offences), s26 (register), Schedule 1 (amendment to Controlled Substances Act)."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of authorising and regulating industrial hemp cultivation. The scope has not expanded beyond the core licensing scheme, police vetting, inspection powers, and necessary consequential amendments to drug legislation. The Schedule 1 amendment to the Controlled Substances Act is integral to the primary purpose (creating exemptions for licensed activity) rather than scope creep."},"complexity_factors":["Moderate length (30 sections plus Schedule) but straightforward structure following standard licensing template","18 defined terms in section 3, including technical definitions for THC thresholds and certified seed","Cross-references to 5 other Acts (Controlled Substances Act 1984, Agricultural and Veterinary Chemicals Act 1994, South Australian Civil and Administrative Tribunal Act 2013, Family Relationships Act 1975, Commonwealth Narcotic Drugs Act 1967)","Nested definitions in section 4 ('associate', 'relevant financial interest', 'relevant position', 'relevant power') creating multi-layered control person tests","Conditional logic for criminal intelligence (section 5) creating exceptions to normal procedural fairness requirements","Dual licensing tracks (industrial hemp vs special) with different approval pathways (section 8)","Mandatory police consultation requirements with 60-day timeframes (sections 9 and 14)","Standard administrative provisions (delegation, immunity, regulations) adding procedural bulk without substantive complexity"],"plain_english_summary":"This law creates a licensing scheme for growing industrial hemp in South Australia. Industrial hemp is cannabis with very low levels of THC (the psychoactive compound that gets people 'high').\n\n**What it does:**\n- **Legalises cultivation**: Allows people to legally grow, process, and supply industrial hemp (cannabis with no more than 1% THC in leaves and flowering heads) if they hold a licence.\n- **Two types of licences**: \n  - *Industrial hemp licence* – for commercial production, manufacturing, food, or research using certified low-THC seeds.\n  - *Special licence* – for scientific research using hemp that doesn't meet the industrial hemp definition.\n- **Strict vetting**: The Chief Executive (a senior public servant) issues licences but must get approval from the Police Commissioner. Applicants and their business associates must be 'fit and proper persons' with no drug-related convictions.\n- **Police involvement**: Police can oppose licences based on criminal intelligence (secret information about suspected criminal activity), and in such cases the government doesn't have to give detailed reasons for refusal.\n- **Inspection powers**: Authorised inspectors and police can enter premises, inspect crops, take samples for THC testing, seize materials, and demand documents.\n- **Public register**: Maintains a register of licence holders and locations, though personal and commercial information is protected.\n- **Amends drug laws**: Exempts licensed industrial hemp activities from South Australia's Controlled Substances Act (which normally prohibits cannabis).\n\n**Who it affects:**\n- Farmers and businesses wanting to grow hemp for fibre, food, or other products.\n- Researchers studying cannabis.\n- Police and agriculture department officials who administer and enforce the scheme.\n\n**Why it matters:**\nBefore this Act, growing any cannabis was illegal under drug laws. This creates a regulated pathway for a legitimate agricultural industry, distinguishing industrial hemp (used for textiles, building materials, food) from illegal drug cannabis, while maintaining strict controls to prevent diversion to the illicit drug market."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on general knowledge, the Act remained focused on its original intent of regulating industrial hemp cultivation and processing. However, a reliable scope assessment cannot be made as the legislative text was inaccessible due to a broken URL resulting from a website migration on 24 March 2026."},"complexity_factors":["Licensing and regulatory framework introduces administrative complexity for applicants","Intersection with criminal law (controlled substances/cannabis legislation) requires careful reading","THC concentration thresholds involve technical scientific definitions that laypersons may find difficult","However, the Act has a relatively narrow and well-defined subject matter, keeping overall complexity moderate","Full analysis was impossible due to source document being unavailable — complexity score is indicative only"],"plain_english_summary":"The Industrial Hemp Act 2017 (SA) creates a licensing regime for cultivating, processing and selling low‑THC industrial hemp, sets THC limits to distinguish legal hemp from illegal cannabis, and provides penalties for unlicensed activity. It primarily affects farmers, food and textile producers and other businesses in the hemp supply chain — compliance is required to avoid criminal or civil sanctions."}},"importantCases":[],"_links":{"self":"/api/acts/industrial-hemp-act-2017","history":"/api/acts/industrial-hemp-act-2017/history","analysis":"/api/acts/industrial-hemp-act-2017/analysis","conflicts":"/api/acts/industrial-hemp-act-2017/conflicts","importantCases":"/api/acts/industrial-hemp-act-2017/important-cases","documents":"/api/acts/industrial-hemp-act-2017/documents"}}