{"id":"tas:sr-2026-005","name":"Industrial Hemp Regulations 2026","slug":"industrial-hemp-regulations-2026","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"5 of 2026","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174165,"registerId":"tas-sr-2026-005-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> These regulations may be cited as the [Industrial Hemp Regulations 2026](/view/html/inforce/2026-04-12/sr-2026-005) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> These regulations take effect on 2 March 2026.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In these regulations –\n> \n> > ***Act*** means the [Industrial Hemp Act 2015](/view/html/inforce/2026-04-12/act-2015-042) .","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Certification of hemp seed","content":"### 4 Certification of hemp seed\n\n> For [the definition of ***certified hemp seed*** in section 4](/view/html/inforce/2026-04-12/act-2015-042#GS4@Nd1472015173112@EN) of the Act, seed is certified hemp seed if tests undertaken in accordance with a quality-assurance program approved by the Secretary show the seed will typically produce hemp plants of the kind referred to in that definition.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Corresponding laws for drug-related offences","content":"### 5 Corresponding laws for drug-related offences\n\n> For [the definition of ***corresponding law*** in section 4](/view/html/inforce/2026-04-12/act-2015-042#GS4@Nd1232015162615@EN) of the Act, a law of another State or a Territory that substantially corresponds to an Act referred to in [the definition of ***drug-related offence***](/view/html/inforce/2026-04-12/act-2015-042#GS4@Nd1232015234015@EN) in that section is declared to be a corresponding law.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Circumstances in which Secretary must refuse to grant special research licence","content":"### 6 Circumstances in which Secretary must refuse to grant special research licence\n\n> For [section 9(4)](/view/html/inforce/2026-04-12/act-2015-042#GS9@Gs4@EN) of the Act, the Secretary is required to refuse to grant a special research licence to a person if the Secretary is not satisfied the person has demonstrated the following:\n> \n> > > (a) scientifically valid research methods and approaches will be used for scientific research carried out under the licence;\n> > \n> > > (b) the potential benefits to the industrial hemp industry of the scientific research, instruction, analysis or study;\n> > \n> > > (c) appropriate safety and security measures will be put in place to ensure the hemp is secured against loss, theft or unauthorised interference.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Hemp to be tested before harvest","content":"### 7 Hemp to be tested before harvest\n\n> For [section 24(2)](/view/html/inforce/2026-04-12/act-2015-042#GS24@Gs2@EN) of the Act, hemp being grown under a licence is to be tested, before the hemp is harvested, at the appropriate time or times for determining the concentration of THC in the hemp.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Infringement notice offences and penalties","content":"### 8 Infringement notice offences and penalties\n\n> For [section 32(1)](/view/html/inforce/2026-04-12/act-2015-042#GS32@Gs1@EN) and [(5)(a)](/view/html/inforce/2026-04-12/act-2015-042#GS32@Gs5@Hpa@EN) of the Act –\n> \n> > > (a) an offence against a provision of the Act specified in [Schedule 1](#JS1@EN) is prescribed to be an infringement offence; and\n> > \n> > > (b) the penalty specified opposite the relevant provision in that Schedule is prescribed as the penalty payable under an infringement notice for that offence.","sortOrder":7},{"sectionNumber":"SCHEDULE 1 - Infringement noti","sectionType":"part","heading":"SCHEDULE 1 - Infringement notices","content":"# SCHEDULE 1 - Infringement noti SCHEDULE 1 - Infringement notices\n\n[Regulation 8](#GS8@EN)\n\n| Item | Provision of Act | Penalty (penalty units) |\n| 1. | Section 26 | 10 |\n| 2. | Section 27 | 10 |\n| 3. | Section 28(1) | 10 |\n| 4. | Section 28(2) | 10 |\n\nDisplayed and numbered in accordance with the *[Rules Publication Act 1953](/view/html/inforce/current/act-1953-050)*.\n\nNotified in the *Gazette* on 11 February 2026\n\nThese regulations are administered in the Department of Natural Resources and Environment Tasmania.","sortOrder":8}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The regulations operationalise and clarify administrative requirements under the Industrial Hemp Act 2015 rather than expanding the Act’s substantive scope. They set criteria for certified seed (reg 4), declare corresponding laws for drug‑related offence definitions (reg 5), impose mandatory refusal conditions for special research licences (reg 6), require pre‑harvest THC testing (reg 7), and prescribe infringement offences with 10‑unit penalties (reg 8 and Schedule 1)."},"complexity_factors":["Cross‑references to the Industrial Hemp Act 2015 throughout the regulations (regs 4–8), requiring readers to consult the Act to understand full effect.","Secretary discretion: approval of quality‑assurance programs for certified seed (reg 4) and authority to refuse special research licences if satisfactions not shown (reg 6).","Substantive evidential thresholds: licence applicants must demonstrate scientifically valid research methods and industry benefit, and appropriate security measures (reg 6(a)–(c)).","Operational timing ambiguity: hemp must be tested “at the appropriate time or times” before harvest for THC concentration, leaving timing decisions to implementing authorities or protocols (reg 7).","Certification mechanics rely on tests under a Secretary‑approved QA program and the standard that seed will “typically produce” specified plants, introducing technical assessment and laboratory compliance burdens (reg 4).","Interjurisdictional recognition: declaration that substantially corresponding State/Territory laws are ‘corresponding laws’ for drug‑related offence definitions (reg 5).","Enforcement design: selection of specific Act provisions as infringement offences with fixed 10‑unit penalties listed in Schedule 1 (reg 8 and Schedule 1), affecting cost of non‑compliance.","Compliance burden concentrated on growers, researchers and seed suppliers (testing, security, QA), and administrative burden on the Department to approve programs and evaluate licence applications."],"plain_english_summary":"This instrument implements administrative rules under the Industrial Hemp Act 2015: it sets how hemp seed is certified, requires pre-harvest THC testing, lists mandatory grounds for refusing a special research licence, recognises corresponding laws from other jurisdictions, and prescribes certain infringement offences and 10‑unit penalties. It affects growers, researchers and seed suppliers by imposing testing, security and quality‑assurance requirements, conferring decision-making discretion on the Secretary, and creating fixed penalty liabilities for specified breaches."},"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"},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Insufficient text was provided to assess whether the scope of these regulations changed from the original drafting intent. Only status metadata and version information were available — no substantive regulatory content could be reviewed."},"complexity_factors":["Industrial hemp sits at the intersection of agricultural law and drug control law, creating inherent regulatory sensitivity","Regulations under a parent Act add a layer of legal structure — readers must understand both documents together","THC threshold compliance requirements (typical in hemp regimes) involve technical scientific standards","Licensing and enforcement frameworks common to this type of regulation can be procedurally complex","Score is moderated downward significantly because the full regulatory text was not provided — true complexity cannot be assessed from metadata alone"],"plain_english_summary":"These regulations, effective 2 March 2026, implement the Industrial Hemp Act in Tasmania and are administered by the responsible minister and department. They set the practical rules for lawful cultivation, processing and supply of low‑THC industrial hemp.\n\nThey affect farmers, processors, retailers and researchers in the hemp supply chain and matter because they establish licensing, crop testing, record‑keeping and compliance obligations — breaches can carry serious legal consequences. Full text was not provided."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: operationalising the parent Industrial Hemp Act 2015. They address specific matters delegated to regulations (seed certification, research licence criteria, testing timing, and infringement offences) without expanding into new policy areas."},"complexity_factors":["Only 1 defined term in the interpretation section ('Act')","No nested exceptions or conditional logic beyond simple 'if-then' requirements","Straightforward cross-references to parent Act sections without complex interplay","Single schedule with simple table of 4 offences and identical penalties","Total length: 8 regulations plus 1 short schedule","No delegated legislative powers or sub-delegation provisions"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set out the practical rules for growing industrial hemp in Tasmania under the *Industrial Hemp Act 2015*. They cover four main areas:\n\n*   **Seed certification** – defines what counts as \"certified hemp seed\" (seed that passes quality tests approved by the Secretary)\n*   **Research licences** – sets out when the Secretary *must* refuse a special research licence (if the applicant can't show valid scientific methods, industry benefits, or proper security measures)\n*   **THC testing** – requires hemp crops to be tested for THC content *before* harvest\n*   **Fines for rule-breaking** – lists specific offences that can be dealt with via infringement notices (on-the-spot fines) rather than going to court, with each offence carrying a penalty of 10 penalty units\n\n**Who it affects:**\n\n*   Farmers and growers licensed to cultivate industrial hemp\n*   Researchers applying for special licences to study hemp\n*   Seed suppliers and certifiers\n*   The Secretary (government official) who administers the scheme\n\n**Why it matters:**\n\nIndustrial hemp is regulated separately from cannabis because it contains very low levels of THC (the psychoactive compound). These regulations ensure hemp stays below legal THC limits, maintains quality standards for seeds, and provides a streamlined enforcement system (infringement notices) for minor breaches—keeping the industry compliant without unnecessary court proceedings."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/industrial-hemp-regulations-2026","history":"/api/acts/industrial-hemp-regulations-2026/history","analysis":"/api/acts/industrial-hemp-regulations-2026/analysis","conflicts":"/api/acts/industrial-hemp-regulations-2026/conflicts","importantCases":"/api/acts/industrial-hemp-regulations-2026/important-cases","documents":"/api/acts/industrial-hemp-regulations-2026/documents"}}