{"id":"nsw:sl-2024-0259","name":"Poppy Industry Regulation 2024","slug":"poppy-industry-regulation-2024","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"259 of 2024","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174103,"registerId":"nsw-sl-2024-0259-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of regulation","content":"#### 1 Name of regulation\n\n1 Name of regulation\n\n> This regulation is the [Poppy Industry Regulation 2024](/view/html/inforce/current/sl-2024-0259).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This regulation commences on 1 July 2024.\n> \n> Note—\n> \n> This regulation repeals and replaces the [Poppy Industry Regulation 2016](/view/html/repealed/current/sl-2016-0764), which would otherwise be repealed on 1 September 2024 by the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146), section 10(2).","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definition","content":"#### 3 Definition\n\n3 Definition\n\n> In this regulation—\n> \n> the Act means the [Poppy Industry Act 2016](/view/html/inforce/current/act-2016-037).\n> \n> Note—\n> \n> The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this regulation.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Definition of “alkaloid poppy”—the Act, s 4","content":"#### 4 Definition of “alkaloid poppy”—the Act, s 4\n\n4 Definition of “alkaloid poppy”—the Act, s 4\n\n> For the Act, section 4(1), definition of alkaloid poppy, paragraph (a), the following classes are specified—\n> \n> > (a) the species *Papaver bracteatum*,\n> \n> > (b) the species *Papaver somniferum*,\n> \n> > (c) a hybrid of either species.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Definition of “interstate poppy licence”—the Act, s 4","content":"#### 5 Definition of “interstate poppy licence”—the Act, s 4\n\n5 Definition of “interstate poppy licence”—the Act, s 4\n\n> For the Act, section 4(1), definition of interstate poppy licence, each of the following licences are declared to correspond to a poppy licence—\n> \n> > (a) a poppy licence within the meaning of the Poppy Regulation Act of the Northern Territory,\n> \n> > (b) a poppy cultivation licence, or a poppy processing licence, within the meaning of the Controlled Substances Act 1984 of South Australia, Part 4A,\n> \n> > (c) a poppy grower’s licence, or a poppy research licence, within the meaning of the Poisons Act 1971 of Tasmania,\n> \n> > (d) a licence under the Poisons Act 1971 of Tasmania, section 16(1)(a),\n> \n> > (e) a poppy cultivation licence, or a poppy processing licence, within the meaning of the Drugs, Poisons and Controlled Substances Act 1981 of Victoria, Part IVB.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Definition of “interstate processing licence”—the Act, s 4","content":"#### 6 Definition of “interstate processing licence”—the Act, s 4\n\n6 Definition of “interstate processing licence”—the Act, s 4\n\n> For the Act, section 4(1), definition of interstate processing licence, each of the following licences are declared to correspond to a processing licence—\n> \n> > (a) a poppy licence, within the meaning of the Poppy Regulation Act of the Northern Territory, that authorises the processing of poppy material,\n> \n> > (b) a poppy processing licence within the meaning of the Controlled Substances Act 1984 of South Australia, Part 4A,\n> \n> > (c) a licence under the Poisons Act 1971 of Tasmania, section 16(1)(a),\n> \n> > (d) a poppy processing licence within the meaning of the Drugs, Poisons and Controlled Substances Act 1981 of Victoria, Part IVB.","sortOrder":6},{"sectionNumber":"Part 2","sectionType":"part","heading":"Licence and permit requirements","content":"# Part 2 Licence and permit requirements\n\nPart 2 Licence and permit requirements","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Fit and proper persons—the Act, s 5","content":"#### 7 Fit and proper persons—the Act, s 5\n\n7 Fit and proper persons—the Act, s 5\n\n> > (1) For the Act, section 5(5)(c)(iv), the [Hemp Industry Act 2008](/view/html/inforce/current/act-2008-058) and regulations made under that Act are specified.\n> \n> > (2) For the Act, section 5(5)(e), the following matters are specified—\n> > \n> > > (a) whether an authority held by the person under a law of the Commonwealth or a State or Territory dealing with a prohibited drug or prohibited plant has been suspended, cancelled, revoked or withdrawn, or\n> > \n> > > (b) whether the person has been disqualified from obtaining such an authority.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Checks and requirements for persons employed or engaged—the Act, s 11","content":"#### 8 Checks and requirements for persons employed or engaged—the Act, s 11\n\n8 Checks and requirements for persons employed or engaged—the Act, s 11\n\n> For the Act, section 11(a), the following checks and criteria are specified—\n> \n> > (a) the person is—\n> > \n> > > (i) at least 17 years old, or\n> > \n> > > (ii) an apprentice or trainee within the meaning of the [Apprenticeship and Traineeship Act 2001](/view/html/inforce/current/act-2001-080),\n> \n> > (b) the person is not, and has not been within the last 5 years, an insolvent under administration within the meaning of the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth,\n> \n> > (c) the person has provided at least 1 satisfactory character reference to the licence or permit holder,\n> \n> > (d) a criminal record check of the person has been conducted within the last 12 months,\n> \n> > (e) the person has not, within the last 10 years, been convicted of any of the following offences, whether committed under the law of New South Wales or the law of another jurisdiction—\n> > \n> > > (i) an offence involving theft, dishonesty, fraud or violence that would, if committed in New South Wales, be an indictable offence,\n> > \n> > > (ii) an offence involving alkaloid poppies, alkaloid poppy material, prohibited plants, prohibited drugs, medicines, poisons or therapeutic goods that would, if committed in New South Wales, be an indictable offence,\n> > \n> > > (iii) an offence that would, if committed in New South Wales, be punishable under a law of New South Wales by imprisonment for life, imprisonment for a term of 5 years or more, or a fine of $500,000 or more,\n> > \n> > > (iv) an offence committed under a law of the Commonwealth punishable by imprisonment for life, imprisonment for a term of 5 years or more, or a fine of $500,000 or more,\n> \n> > (f) the person has not, within the last 5 years, been convicted of any of the following offences—\n> > \n> > > (i) an offence against the [Narcotic Drugs Act 1967](http://www.legislation.gov.au/) of the Commonwealth or regulations under that Act,\n> > \n> > > (ii) an offence against the [Drug Misuse and Trafficking Act 1985](/view/html/inforce/current/act-1985-226) or regulations under that Act, or against a corresponding law of another jurisdiction,\n> > \n> > > (iii) an offence against the [Poisons and Therapeutic Goods Act 1966](/view/html/inforce/current/act-1966-031) or regulations under that Act, or against a corresponding law of another jurisdiction,\n> > \n> > > (iv) an offence against the [Medicines, Poisons and Therapeutic Goods Act 2022](/view/html/inforce/current/act-2022-073) or regulations under that Act, or against a corresponding law of another jurisdiction,\n> > > \n> > > Note—\n> > > \n> > > At the time this regulation was made, the [Medicines, Poisons and Therapeutic Goods Act 2022](/view/html/inforce/current/act-2022-073) had not commenced.\n> > \n> > > (v) an offence, whether committed against a law of New South Wales or a law of another jurisdiction, involving theft that would, if committed in New South Wales, be punishable under a law of New South Wales by imprisonment for 3 months or more.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Identification cards—the Act, ss 11 and 47(3)(b)","content":"#### 9 Identification cards—the Act, ss 11 and 47(3)(b)\n\n9 Identification cards—the Act, ss 11 and 47(3)(b)\n\n> > (1) For the Act, section 11(b)(i), an identification card—\n> > \n> > > (a) must not expire more than 5 years after it is issued, and\n> > \n> > > (b) must display—\n> > > \n> > > > (i) the date on which it was issued, and\n> > > \n> > > > (ii) the date on which it will expire.\n> \n> > (2) The Act, section 11(b) does not apply to a person employed or engaged in activities under a poppy permit.","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Further conditions of poppy licence—the Act, s 11","content":"#### 10 Further conditions of poppy licence—the Act, s 11\n\n10 Further conditions of poppy licence—the Act, s 11\n\n> > (1) For the Act, section 11(g), the licence holder must give the Secretary written notice of the following, no more than 7 days after the event occurs—\n> > \n> > > (a) a person is employed or engaged in activities under the licence,\n> > \n> > > (b) a person ceases to be employed or engaged in activities under the licence.\n> \n> > (2) A notice specified in subclause (1)(a) must include—\n> > \n> > > (a) the person’s full name, date of birth and residential address, and\n> > \n> > > (b) a description of the duties for which the person is employed or engaged under the licence.\n> \n> > (3) A notice specified in subclause (1)(b) must include the person’s full name.","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Deadline for application for renewal of poppy licence—the Act, s 13","content":"#### 11 Deadline for application for renewal of poppy licence—the Act, s 13\n\n11 Deadline for application for renewal of poppy licence—the Act, s 13\n\n> For the Act, section 13(5), the required period ends 3 months before the date of expiry of the licence.","sortOrder":12},{"sectionNumber":"12","sectionType":"section","heading":"Annual fee for cultivation licence—the Act, s 14","content":"#### 12 Annual fee for cultivation licence—the Act, s 14\n\n12 Annual fee for cultivation licence—the Act, s 14\n\n> For the Act, section 14(2)—\n> \n> > (a) the annual fee is specified in Schedule 2, and\n> \n> > (b) the holder of a cultivation licence must pay the annual fee to the Secretary on or before the date of the anniversary of the grant of the licence.","sortOrder":13},{"sectionNumber":"13","sectionType":"section","heading":"Period within which order on expiry, surrender or cancellation of licence may be made—the Act, s 22","content":"#### 13 Period within which order on expiry, surrender or cancellation of licence may be made—the Act, s 22\n\n13 Period within which order on expiry, surrender or cancellation of licence may be made—the Act, s 22\n\n> For the Act, section 22(3), the period of 12 months after the expiry, surrender or cancellation of the licence is fixed.","sortOrder":14},{"sectionNumber":"Part 3","sectionType":"part","heading":"Exemptions from specified provisions of the Act","content":"# Part 3 Exemptions from specified provisions of the Act\n\nPart 3 Exemptions from specified provisions of the Act","sortOrder":15},{"sectionNumber":"14","sectionType":"section","heading":"Death of licence or permit holder—the Act, s 47","content":"#### 14 Death of licence or permit holder—the Act, s 47\n\n14 Death of licence or permit holder—the Act, s 47\n\n> > (1) For the Act, section 47(3)(b), if the holder of a poppy licence or poppy permit dies, the personal representative of the deceased licence or permit holder is exempt from a requirement to hold the licence or permit, on the following conditions—\n> > \n> > > (a) the personal representative must notify the Secretary of the licence or permit holder’s death as soon as practicable,\n> > \n> > > (b) the personal representative must comply with all of the conditions that applied to the deceased licence or permit holder’s licence or permit.\n> \n> > (2) For the purposes of subsection (1)(b), a reference in the Act or the regulations to doing an activity under the licence or permit is taken to be a reference to doing an activity under the exemption.\n> \n> > (3) The exemption applies from the day on which the holder of the licence or permit dies, until—\n> > \n> > > (a) 6 months after that day, or\n> > \n> > > (b) an earlier day on which—\n> > > \n> > > > (i) the Secretary gives the personal representative notice that the Secretary is not satisfied that the personal representative is a fit and proper person to hold the licence or permit, or\n> > > \n> > > > (ii) the personal representative surrenders the exemption by written notice to the Secretary.\n> \n> > (4) If an exemption ends under subsection (3)(b)—\n> > \n> > > (a) the Secretary may appoint a person (the appointed person) to act for the deceased licence or permit holder, if the Secretary is satisfied that the appointed person is a fit and proper person to hold a poppy licence or poppy permit, and\n> > \n> > > (b) the appointed person is exempt from a requirement to hold the licence or permit, on the condition the person must comply with all of the conditions that applied to the deceased licence or permit holder’s licence or permit, and\n> > \n> > > (c) the exemption ends 6 months after the day on which the person is appointed.\n> \n> > (5) For the Act, section 47(3)(b), a person who was employed or engaged under a licence or permit is exempt from the Act, section 6 for conduct that constitutes a breach of the Act merely because of the death of the licence or permit holder.","sortOrder":16},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"# Part 4 Miscellaneous\n\nPart 4 Miscellaneous","sortOrder":17},{"sectionNumber":"15","sectionType":"section","heading":"Fees and costs","content":"#### 15 Fees and costs\n\n15 Fees and costs\n\n> > (1) For the Act, sections 13(5), 14(1) and (2) and 18(1)(c), the fees relating to poppy licences and poppy permits are specified in Schedule 2, Part 1.\n> \n> > (2) For the Act, section 20(2), the cost of an audit that may be recovered from a licence holder is specified in Schedule 2, Part 2.","sortOrder":18},{"sectionNumber":"16","sectionType":"section","heading":"Repeal and savings","content":"#### 16 Repeal and savings\n\n16 Repeal and savings\n\n> > (1) The [Poppy Industry Regulation 2016](/view/html/repealed/current/sl-2016-0764) is repealed.\n> \n> > (2) An act, matter or thing that, immediately before the repeal of the [Poppy Industry Regulation 2016](/view/html/repealed/current/sl-2016-0764), had effect under that regulation continues to have effect under this regulation.","sortOrder":19},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Penalty notice offences","content":"# Schedule 1 Penalty notice offences\n\nSchedule 1 Penalty notice offences\n\n| Provision | Penalty |\n| Offences under the Act |\n| Section 12— |  |\n| (a) for a corporation | $5,500 |\n| (b) for an individual | $1,100 |\n| Section 21(10)— |  |\n| (a) for a corporation | $1,100 |\n| (b) for an individual | $220 |\n| Section 22(4)— |  |\n| (a) for a corporation | $5,500 |\n| (b) for an individual | $1,100 |","sortOrder":20},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Fees and audit costs","content":"# Schedule 2 Fees and audit costs\n\nSchedule 2 Fees and audit costs\n\nsection 15","sortOrder":22}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This is a straightforward re-enactment and replacement of the 2016 regulation with the same scope. It maintains the original purpose of operationalising the Poppy Industry Act 2016 by setting fees, specifying licence conditions, and recognising interstate licences. The structure and content align closely with the original regulatory intent."},"complexity_factors":["Multiple cross-references to the parent Act (Poppy Industry Act 2016) and other legislation (Hemp Industry Act 2008, various other states' laws, Commonwealth Corporations Act, etc.)","Nested conditions in section 8 regarding criminal history checks with different lookback periods (5 years vs 10 years) and different offence categories","Mathematical formula for CPI indexation of fees in Schedule 2, Part 3 with rounding rules","Conditional exemptions in Part 3 with multiple termination triggers and cascading appointments (section 14)","Fee structure uses 'fee units' requiring conversion calculations rather than fixed dollar amounts","Recognition of interstate licences requires familiarity with 4 other jurisdictions' licensing schemes"],"plain_english_summary":"This regulation sets out the detailed rules for growing and processing opium poppies in New South Wales. It replaces an earlier 2016 regulation and works alongside the Poppy Industry Act 2016.\n\n**What it does:**\n- **Defines what counts as an \"alkaloid poppy\"** — specifically the species *Papaver somniferum* (the opium poppy), *Papaver bracteatum*, and any hybrids of these. These are the plants used to produce medicinal opiates like morphine and codeine.\n- **Recognises licences from other states** — if you hold a poppy licence from the Northern Territory, South Australia, Tasmania or Victoria, NSW will treat it as equivalent to a local licence (and vice versa for processing licences).\n- **Sets strict rules for who can work in the industry** — anyone employed or engaged in poppy activities must pass criminal record checks, provide character references, and meet age requirements (17+ or an apprentice/trainee). They cannot have certain serious convictions (theft, fraud, violence, or drug-related offences) within the last 5-10 years.\n- **Requires identification cards** — workers must carry ID cards that expire within 5 years, showing when they were issued and when they expire. (This doesn't apply to people working under short-term permits.)\n- **Sets fees** — there are application fees, licence fees and annual fees for cultivation and processing licences, calculated using \"fee units\" (a dollar amount that gets adjusted for inflation each year). For 2024-2025, one fee unit equals $100.\n- **Handles what happens when a licence holder dies** — their personal representative (like an executor) can continue operating the business for up to 6 months without holding the licence themselves, provided they notify the Secretary and follow all the same conditions.\n- **Lists offences that can be dealt with by penalty notices** (on-the-spot fines) rather than going to court — these include failing to comply with licence conditions or failing to comply with orders made when a licence expires or is cancelled.\n\n**Who it affects:**\n- Poppy growers and processors in NSW\n- People who want to work in the poppy industry\n- Personal representatives of deceased licence holders\n- Interstate licence holders wanting to operate in NSW\n\n**Why it matters:**\nOpium poppies are heavily regulated because they can be used to produce illegal drugs like heroin, but they're also essential for making legal pain medications. This regulation creates a strict framework to allow controlled cultivation and processing while preventing diversion to illegal markets. The rules ensure only trustworthy people handle these plants, and provide practical arrangements (like the death of a licence holder) to keep legitimate businesses running smoothly."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The regulation repeals the 2016 regulation but preserves existing acts and matters (s 16(2)) and primarily consolidates and specifies procedural requirements (definitions, fit‑and‑proper criteria, fees, audit costs, notifications and limited exemptions). The text does not, on its face, expand the statutory reach beyond the licensing and permit framework established by the Act; it updates operational detail (fees, CPI indexing, administrative processes) rather than altering substantive scope."},"complexity_factors":["Extensive cross-references to the Poppy Industry Act 2016 and multiple external Acts, requiring readers to consult primary statutes for full effect (see ss 3–6, 7, 8).","Detailed fit‑and‑proper and background checks with multiple look‑back periods and lists of disqualifying offences, producing compliance and evidentiary burdens (s 8).","Secretary discretion over inspections, determination of required inspection hours and recovery of audit costs, creating administrative variability (Sch 2 Part 1 note re inspection hourly rates; Sch 2 Part 2; s 15).","Conditional exemptions and temporary authorisations on death of licence‑holders, including notification, 6‑month windows and Secretary power to appoint interim persons, creating contingent continuity rules (s 14).","Fee schedule expressed in fee units plus an annual indexing formula tied to Sydney CPI with rounding rules and automatic operation prior to public notice, adding arithmetic and timing complexity (Sch 2 Part 3, ss 2–4).","Different penalty notice amounts for corporations and individuals and limits on when penalty notices may be issued (Schedule 1, Application of schedule).","Multiple notification and record obligations (ID card limits, employer/employee notifications, renewal deadlines) that create recurring administrative tasks for licence‑holders (ss 9–11).","Transitional clause repealing the 2016 regulation while saving existing acts/matters, requiring review of prior authorisations to confirm continuity (s 16)."],"plain_english_summary":"This regulation replaces the prior poppy regulation and sets the practical rules for growing and processing alkaloid poppies: who needs licences and permits, the checks they must pass, required notices, fees, audit costs and penalty notice amounts. Licence-holders pay application, licence and annual fees (indexed to Sydney CPI) and must comply with ID, criminal‑history and reporting requirements; the Secretary controls inspections, audit recoveries and may appoint interim operators when a licence-holder dies."},"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":5,"scope_assessment":{"changed":false,"description":"Based solely on the administrative metadata provided, there is no evidence of scope change from original intent. The regulation appears to be a standard remake or continuation of poppy industry licensing rules, consistent with NSW's staged repeal and remake cycle for subordinate legislation. No amendments or expansions of scope are recorded in the version history shown."},"complexity_factors":["Sits at the intersection of agricultural law, drug control law, and pharmaceutical regulation — requiring understanding of multiple legal frameworks","Subject matter (controlled/narcotic-capable plants) means non-compliance can have serious criminal consequences, raising stakes for those affected","Operates under and must be read alongside parent legislation (the Poppy Industry Act or equivalent NSW enabling Act) and potentially federal drug control laws","Automatic staged repeal mechanism adds a temporal complexity layer for compliance planning","Licensing and permit regimes in controlled-substance industries are typically administratively intricate","Score moderated downward because the full text was not provided — complexity cannot be fully assessed from status information alone"],"plain_english_summary":"This regulation provides the legal framework that allows commercial cultivation and handling of medicinal poppies in NSW to operate lawfully, setting out licensing, compliance and oversight obligations for growers, processors and regulators. It matters because these crops can yield controlled narcotics if not tightly regulated.\n\nNote: the instrument automatically expires on 1 September 2029, and only administrative/status information was provided here — the substantive regulatory text is not included."}},"importantCases":[],"_links":{"self":"/api/acts/poppy-industry-regulation-2024","history":"/api/acts/poppy-industry-regulation-2024/history","analysis":"/api/acts/poppy-industry-regulation-2024/analysis","conflicts":"/api/acts/poppy-industry-regulation-2024/conflicts","importantCases":"/api/acts/poppy-industry-regulation-2024/important-cases","documents":"/api/acts/poppy-industry-regulation-2024/documents"}}