{"id":"poppy-regulation-act-2014","name":"Poppy Regulation Act 2014","slug":"poppy-regulation-act-2014","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30414,"registerId":"nt-poppy-regulation-act-2014-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Poppy Regulation Act 2014","content":"NORTHERN TERRITORY OF AUSTRALIA\nPOPPY REGULATION ACT 2014\nAs in force at 1 May 2016\nTable of provisions\nPart 1 Preliminary matters\n1 Short title ......................................................................................... 1\n2 Commencement .............................................................................. 1\n3 Objects of Act .................................................................................. 1\n4 Definitions ........................................................................................ 1\n5 Act binds Crown .............................................................................. 4\n6 Application of Criminal Code ........................................................... 4\nPart 2 Poppy licences\n7 Poppy licence .................................................................................. 5\n8 Application for poppy licence ........................................................... 6\n9 Consideration of application ............................................................ 6\n10 Renewal of poppy licence ................................................................ 9\n11 Amendment of poppy licence .......................................................... 9\n12 Suspension or cancellation of poppy licence ................................. 10\n13 Application for review of decision .................................................. 11\n14 Tribunal has jurisdiction ................................................................. 12\nPart 3 Administration\nDivision 1 Poppy Licensing Authority\n15 Appointment of Poppy Licensing Authority .................................... 12\n16 Functions and powers of Authority ................................................ 12\n17 Delegation ..................................................................................... 12\nDivision 2 Poppy control officers\n18 Appointment of poppy control officer ............................................. 12\n19 Identity card ................................................................................... 13\n20 Functions of poppy control officer .................................................. 13\n21 Powers of poppy control officer ..................................................... 13\n22 Dwelling house .............................................................................. 15\n23 Obligations of owners .................................................................... 15\n24 Requirement to give information .................................................... 15\n25 Self-incrimination ........................................................................... 16\n\nPoppy Regulation Act 2014 ii\nDivision 3 Seizure procedures\n26 Procedure when poppy material detained or seized ...................... 16\n27 Dealing with surrendered poppy material ...................................... 17\n28 Retention and return of poppy material ......................................... 17\n29 Local Court may extend 3 month period ........................................ 18\nDivision 4 Order for forfeiture of poppy material\n30 Forfeiture, harvest and destruction of poppy material.................... 19\n31 Recovery of costs .......................................................................... 19\nPart 4 Offences, liability and criminal\nproceedings\n32 Cultivation, possession, processing of poppy material .................. 20\n33 Contravention of poppy licence by licensee................................... 21\n34 Contravention of poppy licence by contractor or employee ........... 21\n35 Obstruction of poppy control officer ............................................... 21\n36 Failure to comply with requirement ................................................ 22\n37 Falsely representing to be poppy control officer ............................ 22\n38 Misleading information and document ........................................... 22\n39 Intimidation to prevent cooperation with Authority ......................... 23\n40 Confidentiality of information ......................................................... 24\n41 Return of identity card ................................................................... 25\n42 Criminal liability of executive officer of body corporate .................. 25\n43 Liability of licensee for actions of others ........................................ 26\n44 Commencing proceedings ............................................................. 27\n45 Averments ..................................................................................... 27\n46 Court may order reimbursement of investigation costs.................. 28\nPart 5 Miscellaneous matters\n47 Protection from liability .................................................................. 28\n48 Approved forms ............................................................................. 28\n49 Regulations.................................................................................... 29\nPart 6 Transitional matters for Statute Law\nAmendment (Directors' Liability) Act 2015\n50 Offences – before and after commencement................................. 29\nENDNOTES\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 1 May 2016\n____________________\nPOPPY REGULATION ACT 2014\nAn Act to regulate the cultivation and processing of poppies\nPart 1 Preliminary matters\n1 Short title\nThis Act may be cited as the Poppy Regulation Act 2014.\n2 Commencement\n(1) The provisions of this Act (except sections 13 and 14) commence\non the day on which the Administrator's assent to this Act is\ndeclared.\n(2) Sections 13 and 14 commence on 1 July 2014.\n3 Objects of Act\nThe objects of this Act are the following:\n(a) to provide for regulation of activities in relation to poppies, and\nthings derived from or associated with poppies;\n(b) to reduce the risk to the safety and security of persons in the\nTerritory resulting from those activities, by providing for\nlicensing of those activities.\n4 Definitions\nIn this Act:\nacting in an official capacity, in relation to the Authority or a\npoppy control officer, means the Authority or poppy control officer is\nexercising powers or performing functions under, or otherwise\nrelated to the administration of, this Act.\napproved form means a form approved under section 48.\n\nPart 1 Preliminary matters\nPoppy Regulation Act 2014 2\nassociate, in relation to a person at a particular time, means:\n(a) a lineal or adoptive ancestor of any degree, sibling, uncle,\naunt, nephew, niece, lineal descendant or adopted child of the\nperson at that time, or a spouse or de facto partner or former\nspouse or de facto partner of the person or of any of the\npersons listed in this paragraph at that time; or\n(b) a trustee of a trust estate, where the person or an associate\nreferred to in paragraph (a) of the person benefits or is\ncapable of benefiting under the trust or under a subtrust of the\ntrust at that time; or\n(c) a partner of the person, or a person who was, within the\n2 years immediately preceding that time, a partner of the\nperson; or\n(d) a company, if:\n(i) the company is, or the majority of its directors are, at that\ntime, accustomed or under an obligation or arrangement,\nwhether formal or informal, to act in accordance with the\ndirections, instructions or wishes of the person or of an\nassociate referred to in paragraph (a), of the person; or\n(ii) the person is, the persons who are associates of the\nperson because of paragraphs (a), (b) and (c) are, or the\nperson and the persons who are associates of the\nperson because of those paragraphs are, at that time, in\na position to cast, control, or procure the casting of, 50%\nor more of the maximum number of votes that may be\ncast at a general meeting of the company; or\n(e) if the person is a corporation:\n(i) a director or secretary of the corporation, or an associate\nreferred to in paragraph (a), of a director or secretary of\nthe corporation, at that time; or\n(ii) a corporation that is, at that time, a related body\ncorporate to the first-mentioned corporation within the\nmeaning of the Corporations Act 2001; or\n(iii) a director or secretary of such a related body corporate,\nor an associate referred to in paragraph (a), of a director\nor secretary of such a related body corporate at that\ntime; or\n\nPart 1 Preliminary matters\nPoppy Regulation Act 2014 3\n(f) if the person is a corporation (the first corporation), another\ncorporation (the second corporation), if:\n(i) the ability or capacity to control or procure the\ncomposition of the board of directors of the second\ncorporation is held, at that time, by not less than 50% of\nthe persons comprising or having the ability or capacity\nto control or procure the composition of the board of\ndirectors of the first corporation at that time; or\n(ii) the ability or capacity to cast, or control or procure the\ncasting of, not less than 50% of the maximum number of\nvotes that may be cast at a general meeting of the\nsecond corporation is held, at that time, by persons\nhaving the ability or capacity to control or procure the\ncontrol of not less than 50% of the maximum number of\nvotes that may be cast at a general meeting of the first\ncorporation at that time; or\n(iii) the holding of legal title to, or of a beneficial interest,\ndirect or indirect, whether by medium of interposed\ncorporations or trusts or otherwise, in not less than 50%\nof the shares in the second corporation carrying voting\nrights in respect of one or more subject matters capable\nof resolution at a general meeting of the second\ncorporation, is held, at that time, by persons holding\nlegal title to, or a beneficial interest, direct or indirect,\nwhether by medium of interposed corporations or trusts\nor otherwise, in not less than 50% of the shares in the\nfirst corporation carrying voting rights of the same kind at\nthat time.\nAuthority means the Poppy Licensing Authority mentioned in\nsection 15.\ndecision notice, for a decision, means a written notice setting out:\n(a) the decision and the reasons for it; and\n(b) any right the person to whom the notice is to be given has,\nunder this or another Act, to apply for a review of, or to appeal,\nthe decision.\nlicensee, in relation to a particular time, means a person who holds\na poppy licence at that time.\npoppy means the whole or any part of a plant, whether fresh or\ndried, of any of the following species or varieties:\n(a) Papaver somniferum L.;\n\nPart 1 Preliminary matters\nPoppy Regulation Act 2014 4\n(b) a species or variety of poppy prescribed by regulation.\npoppy control officer, in relation to a particular time, means:\n(a) a person who holds an appointment under section 18 as a\npoppy control officer at that time; or\n(b) a person who is a police officer at that time.\npoppy licence means a licence issued under Part 2.\npoppy material means:\n(a) a poppy; or\n(b) poppy-related material.\npoppy product means a product that is wholly or partly derived\nfrom a poppy.\npoppy-related material means:\n(a) a poppy product; or\n(b) the packaging of a poppy or a poppy product; or\n(c) any other thing that is or has been in such close proximity to a\npoppy or poppy product that a chemical compound in, or\nderived from, the poppy or product is present in the thing.\nprocess, in relation to a poppy, means doing anything intended to\ntransform a poppy into a poppy product.\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.\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.\n\nPart 2 Poppy licences\nPoppy Regulation Act 2014 5\nPart 2 Poppy licences\n7 Poppy licence\n(1) The Authority may issue a poppy licence to a person in accordance\nwith this Part.\n(2) A poppy licence authorises the licensee to carry out, as specified in\nthe licence, one or more of the following activities, at or from the\nplace specified in the licence, in relation to one or more species or\nvarieties of poppy specified in the licence:\n(a) cultivation of poppies;\n(b) possession of poppy material;\n(c) transportation of poppy material;\n(d) processing of poppy material.\n(3) Despite any other law, any of the following persons may, during the\nperiod when a poppy licence is in force, carry out, in accordance\nwith the terms and conditions of the licence, the activity specified in\nthe poppy licence:\n(a) the licensee;\n(b) a contractor of the licensee, as required by the terms of the\ncontract with the licensee;\n(c) an employee of the licensee, or of a contractor mentioned in\nparagraph (b), as required by the employee's terms of\nemployment.\n(4) A poppy licence is not transferable.\n(5) A poppy licence is in force until the earliest of the following:\n(a) the end of the period specified in the licence, which must not\nexceed 3 years;\n(b) the day on which the licensee:\n(i) if the licensee is an individual – dies; or\n(ii) otherwise – is wound up or otherwise ceases to operate;\n(c) the day on which a decision notice for a decision to suspend\nor cancel the licence is served on the licensee.\n\nPart 2 Poppy licences\nPoppy Regulation Act 2014 6\n8 Application for poppy licence\n(1) A person (the applicant) may apply for a poppy licence authorising\nthe person to carry out one or more of the activities mentioned in\nsection 7(2), in relation to one or more species or varieties of\npoppy, at or from the place specified in the application.\n(2) The application must be made to the Authority, in the approved\nform, and must be accompanied by the following:\n(a) the applicant's proposed plan, made in compliance with any\nregulation, for the management of any risks associated with\nthe activity to be carried out under the poppy licence;\n(b) evidence that the place at or from which the activity is to be\ncarried out is an appropriate place at or from which to carry\nout the activity, as regards location, facilities and proposed\nsecurity arrangements;\n(c) evidence that:\n(i) the applicant is a fit and proper person to be a licensee;\nand\n(ii) the applicant's associates are fit and proper persons to\nbe concerned with, or associated with, the activity to be\ncarried out under the poppy licence;\n(d) evidence that the employees who will carry out the activity\nunder the poppy licence are appropriate persons to carry out\nthe activity;\n(e) evidence that any contractors, and their employees, who will\ncarry out the activity under the poppy licence are appropriate\npersons to carry out the activity;\n(f) the application fee (if any) prescribed by regulation;\n(g) any other document prescribed by regulation.\n9 Consideration of application\n(1) As soon as practicable after receiving an application under\nsection 8, the Authority must do the following:\n(a) consider the application;\n\nPart 2 Poppy licences\nPoppy Regulation Act 2014 7\n(b) give a copy of the application to the Commissioner of Police\nand request the Commissioner to issue to the Authority a\ncertificate about the Commissioner's opinion as to whether\nthere is a good reason for a poppy licence not to be issued to\nthe applicant;\n(c) complete any investigation in relation to the application that\nthe Authority considers appropriate.\n(2) The Commissioner of Police must do the following:\n(a) complete any investigation that the Commissioner considers\nappropriate in relation to the application;\n(b) not later than 28 days after receiving the copy under\nsubsection (1)(b), issue to the Authority a certificate stating the\nCommissioner's opinion as to whether there is a good reason\nfor a poppy licence not to be issued to the applicant.\n(3) After completion of the consideration and investigation under\nsubsection (1), the Authority must do one of the following:\n(a) if satisfied that a poppy licence should be issued to the\napplicant – issue a poppy licence to the applicant that\nauthorises an activity to be carried out, on:\n(i) the terms and conditions that the Authority considers\nappropriate; and\n(ii) any terms or conditions prescribed by regulation; and\n(iii) the following terms and conditions:\n(A) the activity must be carried out at or from the place\nspecified in the licence;\n(B) the activity must be carried out in relation to the\nspecies or variety of poppy specified in the licence;\n(C) the contractors, and the employees of the licensee\nor contactors, carrying out the activity must be\nappropriate persons to carry out the activity;\n(D) the licensee must comply with the plan included in\nthe licence for the management of any risks\nassociated with the activity;\n(E) the licensee must keep complete records of the\ncarrying out of the activity under the licence;\n\nPart 2 Poppy licences\nPoppy Regulation Act 2014 8\n(F) if an activity to be carried out is processing of\npoppy material – the licensee must hold any\nlicence required by the Commonwealth about\npoppy material;\n(b) if not satisfied that enough information has been provided for\nthe Authority to decide whether or not to issue a poppy\nlicence – serve on the applicant a request describing the type\nof information sought and setting a deadline for the applicant\nto provide the information;\n(c) if satisfied that a poppy licence should not be issued to the\napplicant – serve a decision notice on the applicant.\n(4) If a request under subsection (3)(b) is served on the applicant:\n(a) if the applicant does not provide the information requested\nbefore the deadline or any extension of it agreed by the\nAuthority – the applicant is taken to have abandoned the\napplication; or\n(b) if the applicant provides the information requested before the\ndeadline or any extension of it agreed by the Authority:\n(i) the information is added to the original application; and\n(ii) the Authority must resume consideration of the\napplication as though the application had been made on\nthe day on which the information is provided.\n(5) Despite subsection (3)(a), the Authority must not issue a poppy\nlicence to an applicant unless:\n(a) the Authority is satisfied that:\n(i) the applicant is a fit and proper person to be a licensee;\nand\n(ii) the applicant's associates are fit and proper persons to\nbe concerned with, or associated with, the activity to be\ncarried out under the poppy licence; and\n(b) the Authority is satisfied that the applicant's plan for the\nmanagement of any risks associated with the activity to be\ncarried out under the poppy licence is an appropriate plan;\nand\n\nPart 2 Poppy licences\nPoppy Regulation Act 2014 9\n(c) the Authority is satisfied that the place at or from which the\nactivity is to be carried out is an appropriate place at or from\nwhich to carry out the activity, as regards location, facilities\nand proposed security arrangements; and\n(d) the Commissioner of Police has:\n(i) issued a certificate to the Authority stating the\nCommissioner's opinion that there is not a good reason\nthat a poppy licence should not be issued to the\napplicant; or\n(ii) not issued any certificate under subsection (2)(b) before\nthe end of the 28 days mentioned in that subsection.\n(6) The Authority may issue a poppy licence that:\n(a) authorises fewer activities than were applied for by the\napplicant; or\n(b) authorises an activity in relation to fewer species or varieties\nof poppy than were applied for by the applicant.\n10 Renewal of poppy licence\n(1) A licensee may apply to the Authority for the renewal of a poppy\nlicence.\n(2) A renewal application must be made, in the approved form, at least\n2 months before the end of the period specified in the licensee's\npoppy licence.\n(3) This Part applies to the renewal of a poppy licence in the same way\nas it applies to an application for a poppy licence.\n11 Amendment of poppy licence\n(1) The Authority may amend a poppy licence by:\n(a) amending a term or condition of the poppy licence; or\n(b) imposing a term or condition on the poppy licence after the\nlicence has been issued.\n(2) The Authority may exercise a power under subsection (1):\n(a) on application by the licensee in the approved form; or\n(b) on the Authority's own initiative.\n\nPart 2 Poppy licences\nPoppy Regulation Act 2014 10\n(3) An application under subsection (2)(a) must be accompanied by:\n(a) the fee (if any) prescribed by regulation; and\n(b) any document prescribed by regulation.\n(4) The Authority must make a decision about an application under\nsubsection (2)(a) as soon as practicable after receiving the\napplication.\n(5) The Authority must serve a decision notice on a licensee as soon\nas practicable after the Authority:\n(a) decides to exercise a power under subsection (1) on its own\ninitiative; or\n(b) makes a decision under subsection (4), if the decision is that\nthe amendment of the poppy licence:\n(i) is not made; or\n(ii) is different from the amendment applied for.\n(6) An amendment takes effect on the service of the decision notice.\n12 Suspension or cancellation of poppy licence\n(1) The Authority may make a decision to suspend or cancel a poppy\nlicence if:\n(a) the licensee gives the Authority a written request to suspend\nor cancel the licence; or\n(b) the Authority is satisfied that the licensee has not complied\nwith a term or condition of the licence; or\n(c) the Authority is satisfied that the licensee has not complied\nwith this Act or the regulations; or\n(d) the Authority is satisfied that the licensee, or any associate of\nthe licensee, is no longer a fit and proper person to be\nconcerned with, or associated with, the activity authorised to\nbe carried out under the licence; or\n(e) the Authority is satisfied that the place specified in the licence\nis no longer appropriate for the carrying out of the activity\nauthorised to be carried out under the licence; or\n(f) the Authority is satisfied that the licensee obtained the poppy\nlicence by fraud or misrepresentation; or\n\nPart 2 Poppy licences\nPoppy Regulation Act 2014 11\n(g) the Commissioner of Police requests suspension or\ncancellation of the licence on the basis of protected\ninformation concerning the licensee.\n(2) A soon as practicable after making a decision to suspend or cancel\na poppy licence, the Authority must:\n(a) serve a decision notice on the licensee; and\n(b) notify the Commissioner of Police of the suspension or\ncancellation.\n(3) A poppy licence ceases to have effect on the service of the decision\nnotice.\n(4) In this section:\nprotected information means any information, document or thing\nthe production or inspection of which:\n(a) is likely to reveal the identity of a police officer or other person\nwho provided information that formed the basis of a decision\nor opinion of the Commissioner of Police concerning a\nlicensee or applicant; or\n(b) is likely to reveal the identity of a person whose name appears\nin evidence given or information provided to a police officer in\nthe course of an investigation; or\n(c) is likely to reveal the identity of a person who is or has been\nthe subject of an investigation conducted by a police officer; or\n(d) is likely to reveal an investigation method used by police\nofficers; or\n(e) is likely to jeopardise the safety of a police officer or other\nperson mentioned in paragraph (a), (b) or (c); or\n(f) is likely to put at risk an ongoing investigation by a police\nofficer; or\n(g) is otherwise not in the public interest.\n13 Application for review of decision\n(1) A person on whom a decision notice has been served may apply to\nthe Northern Territory Civil and Administrative Tribunal for review of\nthe decision.\n\nPart 3 Administration\nDivision 2 Poppy control officers\nPoppy Regulation Act 2014 12\n(2) The application for review must be made:\n(a) within 28 days after the decision was made; or\n(b) if the Tribunal is satisfied that the person has a reasonable\nexcuse for not applying for review within 28 days – within the\nadditional time that the Tribunal allows.\n(3) The application for review must be made in accordance with the\nNorthern Territory Civil and Administrative Tribunal Act 2014.\n14 Tribunal has jurisdiction\nThe Northern Territory Civil and Administrative Tribunal has\njurisdiction to deal with matters under this Act.\nPart 3 Administration\nDivision 1 Poppy Licensing Authority\n15 Appointment of Poppy Licensing Authority\nThe Chief Executive Officer, or another person appointed in writing\nby the Minister, is the Poppy Licensing Authority.\n16 Functions and powers of Authority\n(1) The Authority has the functions conferred on the Authority under\nthis Act or any other Act.\n(2) The Authority has:\n(a) the powers necessary or convenient to perform the Authority's\nfunctions; and\n(b) the powers conferred on the Authority by this Act or any other\nAct.\n17 Delegation\nThe Authority may delegate any of its powers and functions to a\npublic sector employee.\nDivision 2 Poppy control officers\n18 Appointment of poppy control officer\n(1) The Minister may appoint a person to be a poppy control officer.\n\nPart 3 Administration\nDivision 2 Poppy control officers\nPoppy Regulation Act 2014 13\n(2) The appointment of a poppy control officer must be in writing and\nmay be subject to conditions specified in the instrument of\nappointment.\n(3) The Minister must be satisfied that a person appointed under this\nsection has the appropriate qualifications or experience required to\nperform the functions of a poppy control officer.\n19 Identity card\n(1) The Authority must give a person who is a poppy control officer\n(other than a police officer) an identity card stating the person's\nname and that the person is a poppy control officer.\n(2) The identity card must:\n(a) show a recent photograph of the poppy control officer; and\n(b) show the card's date of issue and expiry; and\n(c) be signed by the poppy control officer.\n(3) This section does not prevent the issue of a single identity card to a\nperson for this and another Act.\n(4) A poppy control officer must produce his or her identity card on\nbeing requested to do so by a person in respect of whom the poppy\ncontrol officer has exercised or is about to exercise powers under\nthis Act or any other Act.\n20 Functions of poppy control officer\n(1) Subject to the conditions of appointment, a poppy control officer's\nfunction is to monitor compliance with, and enforce, this Act.\n(2) A poppy control officer must perform the functions that are imposed\nor conferred on the officer under this Act or any other Act or\ndelegated to the officer by the Minister or the Authority.\n21 Powers of poppy control officer\n(1) A poppy control officer may exercise any of the powers mentioned\nin subsections (2) and (3) if the officer reasonably believes it is\nnecessary to do so for the performance of the officer's functions.\n(2) The poppy control officer may do one or more of the following at a\nplace:\n(a) enter, inspect and search the place and anything in the place;\n\nPart 3 Administration\nDivision 2 Poppy control officers\nPoppy Regulation Act 2014 14\n(b) require a person at the place to give the officer specified\ninformation about anything at the place or a specified\ndocument;\n(c) operate any electronic equipment at the place for the\npurposes of retrieving or recording the information or\ndocument mentioned in paragraph (b);\n(d) require a person having the control of equipment at the place\nto do either or both of the following:\n(i) stop machinery;\n(ii) give the machinery (including anything found on or in it)\nto another person, or remove it to another place, for a\nspecified examination, or for testing or disposal;\n(e) detain or seize the machinery mentioned in paragraph (d) for\nexamination, testing or disposal;\n(f) inspect, take samples of, mark for identification or detain or\nseize any poppy material found at the place for a specified\nexamination or treatment, and open any packaging as\nnecessary to do so;\n(g) apply, or require a person having the control of the place to\napply, a specified treatment to the place or anything in the\nplace;\n(h) make a record in relation to an exercise of a power for this\nsubsection (including, for example, by taking a photograph or\nmaking a video recording).\n(3) In addition, the poppy control officer may do one or more of the\nfollowing:\n(a) require a person having the control of poppy material to do\none or more of the following:\n(i) deal with the poppy material in a particular way;\n(ii) give the poppy material to another person for a specified\nexamination or for testing;\n(iii) dispose of the poppy material as specified by the officer;\n(b) detain or seize the poppy material mentioned in paragraph (a)\nto do a thing mentioned in that paragraph in relation to the\npoppy material;\n\nPart 3 Administration\nDivision 2 Poppy control officers\nPoppy Regulation Act 2014 15\n(c) require a person having the control of a means of transport\n(including, for example, an animal or vehicle) to do either or\nboth of the following:\n(i) stop the means of transport;\n(ii) give the means of transport (including anything found on\nor in it) to another person, or remove it to a place, for a\nspecified examination, or for disposal;\n(d) detain or seize the means of transport mentioned in\nparagraph (c) for the examination or disposal.\n22 Dwelling house\n(1) This section applies if a poppy control officer intends to enter a\ndwelling house under section 21(2).\n(2) The poppy control officer must not enter the dwelling house unless\nthe officer:\n(a) is permitted by the owner (whether orally or in writing) to enter\nthe dwelling house; or\n(b) is authorised to enter the dwelling house under a warrant\nissued by a justice of the peace; or\n(c) is a police officer authorised under the Police Administration\nAct 1978 to enter the dwelling house.\n(3) In this section:\ndwelling house means a place exclusively occupied for residential\npurposes.\n23 Obligations of owners\nA person who complies with a requirement under section 21 about\na place or thing:\n(a) may recover from the owner of the place or thing the\nexpenses incurred by the person in complying with the\nrequirement; and\n(b) is not liable to the owner for any damage to the place or thing.\n24 Requirement to give information\n(1) This section applies if a poppy control officer reasonably suspects a\nperson of committing or attempting to commit an offence against\nthis Act.\n\nPart 3 Administration\nDivision 3 Seizure procedures\nPoppy Regulation Act 2014 16\n(2) The poppy control officer may require the person to give the\nfollowing information to the officer:\n(a) specified information about specified poppy material;\n(b) the person's name;\n(c) the person's residential and postal addresses;\n(d) any other information specified by the officer to enable the\nofficer to contact the person at a later time.\n25 Self-incrimination\n(1) It is not a reasonable excuse for a person to fail to give information\nor a document for section 21 or 24 on the grounds that it might\nincriminate the person.\n(2) However, any information or document given by the person is not\nadmissible in any civil or criminal proceeding (other than a\nproceeding for an offence against this Act, the Medicines, Poisons\nand Therapeutic Goods Act 2012 or the Misuse of Drugs Act 1990).\nDivision 3 Seizure procedures\n26 Procedure when poppy material detained or seized\n(1) If a poppy control officer detains or seizes poppy material under\nsection 21, the officer must, as soon as practicable, do the\nfollowing:\n(a) make a written record of the detention or seizure;\n(b) give a receipt to the person from whom the poppy material\nwas taken that:\n(i) identifies the poppy material taken; and\n(ii) states the name of the poppy control officer who\ndetained or seized the poppy material; and\n(iii) states the reasons for the detention or seizure;\n(c) send a copy of the receipt to:\n(i) if the poppy control officer is a police officer – the\nAuthority and the Commissioner of Police; or\n(ii) otherwise – the Authority.\n\nPart 3 Administration\nDivision 3 Seizure procedures\nPoppy Regulation Act 2014 17\n(2) If a poppy control officer detains or seizes poppy material under\nsection 21, the officer, with any assistance necessary, may take or\nsend the poppy material to a place approved by the Authority for it\nto be examined, tested or stored.\n(3) This section does not limit the exercise of any power by a police\nofficer to commence a proceeding in respect of a contravention of\nthis Act in relation to poppy material.\n27 Dealing with surrendered poppy material\n(1) This section applies if:\n(a) the Authority is satisfied on reasonable grounds that this Act\nhas been contravened; and\n(b) a person has surrendered poppy material to the Authority and\nagreed that the Authority may deal with the poppy material.\n(2) In dealing with poppy material, the Authority may do one or more of\nthe following:\n(a) dispose of the material;\n(b) require a person to dispose of the material;\n(c) harvest and deal with the material (including destroying it) as\nthe Authority considers appropriate;\n(d) enter into an agreement with the person who surrendered the\nmaterial, or any other person, to deal with the poppy material\nas required in the circumstances;\n(e) any other thing reasonably necessary to ensure the security of\nthe material.\n28 Retention and return of poppy material\n(1) If a poppy control officer seizes poppy material under section 21,\nthe Authority must, subject to section 27, with any assistance\nnecessary:\n(a) take reasonable steps to release or return the material to its\nlawful owner, if the reason for its detention or seizure no\nlonger exists; or\n(b) retain, in a place approved by the Authority, any poppy\nmaterial required for evidence in a legal proceeding.\n\nPart 3 Administration\nDivision 3 Seizure procedures\nPoppy Regulation Act 2014 18\n(2) If the Authority is of the opinion that there is no lawful owner of the\npoppy material seized under section 21, the Authority may apply for\nan order under section 30.\n(3) If the poppy material is not returned to the lawful owner within\n3 months after it is seized, the Authority must take reasonable steps\nto return it to the lawful owner unless:\n(a) proceedings under this Act or another Act have commenced\nwithin the 3 months and the proceedings (including any\nappeal) have not been completed; or\n(b) the Local Court makes an order under section 29 extending\nthe period during which the poppy material may be retained.\n29 Local Court may extend 3 month period\n(1) The Authority may apply to the Local Court for an extension (not\nexceeding 3 months) of the period during which poppy material may\nbe retained under section 28.\n(2) An application under subsection (1) must be made:\n(a) within 3 months after the poppy material is seized under\nsection 21; or\n(b) if an extension has been granted under this section, before the\nend of the period of the extension.\n(3) The Local Court may make an order extending the period during\nwhich the poppy material is to be retained if satisfied that:\n(a) the making of the order is in the interests of justice; and\n(b) the total period of retention will not exceed 12 months; and\n(c) retention of the poppy material is necessary for the purposes\nof an investigation into whether a contravention of this Act has\noccurred.\n(4) The Authority must give notice of the application to the lawful owner\nof the poppy material at least 7 days before the application is made.\n\nPart 3 Administration\nDivision 4 Order for forfeiture of poppy material\nPoppy Regulation Act 2014 19\nDivision 4 Order for forfeiture of poppy material\n30 Forfeiture, harvest and destruction of poppy material\n(1) The Authority may apply to the Local Court for an order under\nsubsection (3) if:\n(a) the Authority:\n(i) is satisfied on reasonable grounds that a licensee has\ncontravened this Act; and\n(ii) has cancelled the licensee's poppy licence under\nsection 12; or\n(b) the Authority is of the opinion that there is no lawful owner of\nthe poppy material seized under section 21.\n(2) The Local Court may make an order that poppy material be\nforfeited to the Territory and dealt with in accordance with an order\nmade under subsection (3) if satisfied that:\n(a) the poppy material poses a risk to public health and safety;\nand\n(b) it is appropriate to make the order.\n(3) The Local Court may make either or both of the following orders (as\nappropriate):\n(a) an order that the poppy material be harvested;\n(b) an order that the poppy material be destroyed.\n(4) The Local Court may:\n(a) give any direction necessary to enable the Authority to carry\nout the order made under subsection (3); or\n(b) authorise the Authority to give a person an appropriate\ndirection to harvest or destroy the poppy material to which the\norder relates.\n31 Recovery of costs\nThe Authority may recover any costs that the Authority incurs in\ncarrying out an order made under section 30, in a court of\ncompetent jurisdiction, as a debt due to the Territory.\n\nPart 4 Offences, liability and criminal proceedings\nPoppy Regulation Act 2014 20\nPart 4 Offences, liability and criminal proceedings\n32 Cultivation, possession, processing of poppy material\nA person commits an offence if:\n(a) the person engages in conduct related to:\n(i) the cultivation of a plant; or\n(ii) the possession of:\n(A) a plant or material wholly or partly derived from a\nplant; or\n(B) the packaging of a plant or a material mentioned in\nsub-subparagraph (A); or\n(C) anything that is or has been in such close proximity\nto a plant, material or packaging mentioned in\nsub-subparagraph (A) or (B) that a chemical\ncompound in, or derived from, the plant, material or\npackaging is present in the thing; or\n(iii) the transportation of a plant, material, packaging or other\nthing mentioned in subparagraph (ii); or\n(iv) the processing of a plant, material, packaging or other\nthing mentioned in subparagraph (ii); and\n(b) the person knows that, or is reckless as to whether, the plant,\nmaterial, packaging or other thing mentioned in paragraph (a)\nis poppy material; and\n(c) at the time the conduct is engaged in, the person is not:\n(i) a licensee; or\n(ii) a contractor of a licensee authorised under a contract to\nengage in the conduct; or\n(iii) an employee of a licensee, or of a contractor mentioned\nin subparagraph (ii).\nMaximum penalty: 250 penalty units or imprisonment for\n2 years.\n\nPart 4 Offences, liability and criminal proceedings\nPoppy Regulation Act 2014 21\n33 Contravention of poppy licence by licensee\nA licensee commits an offence if:\n(a) the licensee engages in conduct; and\n(b) the conduct results in a contravention of a term or condition of\nthe licensee's poppy licence.\nMaximum penalty: 200 penalty units or imprisonment for\n2 years.\n34 Contravention of poppy licence by contractor or employee\n(1) A person commits an offence if:\n(a) the person engages in conduct; and\n(b) at the time the conduct is engaged in, the person is:\n(i) a contractor of a licensee; or\n(ii) an employee of a licensee or of a contractor of a\nlicensee; and\n(c) the conduct results in a contravention of a term or condition of\nthe licensee's poppy licence.\nMaximum penalty: 50 penalty units.\n(2) It is a defence to a prosecution for an offence against\nsubsection (1) if the defendant establishes a reasonable excuse.\n35 Obstruction of poppy control officer\n(1) A person commits an offence if:\n(a) the person obstructs another person; and\n(b) the other person is a poppy control officer; and\n(c) the person knows the poppy control officer is acting in an\nofficial capacity.\nMaximum penalty: 200 penalty units or imprisonment for\n2 years.\n(2) Strict liability applies to subsection (1)(b).\n\nPart 4 Offences, liability and criminal proceedings\nPoppy Regulation Act 2014 22\n(3) In this section:\nobstruct, includes hinder and resist.\n36 Failure to comply with requirement\n(1) A person commits an offence if:\n(a) the person is required to do something by another person\nunder section 21(2) or (3), 24 or 27(2); and\n(b) the other person is a poppy control officer; and\n(c) the person knows the poppy control officer is acting in an\nofficial capacity; and\n(d) the person engages in conduct that results in a contravention\nof the requirement.\nMaximum penalty: 100 penalty units or imprisonment for\n12 months.\n(2) Strict liability applies to subsection (1)(b).\n37 Falsely representing to be poppy control officer\nA person commits an offence if the person:\n(a) represents, by words or conduct, that the person or another\nperson is a poppy control officer; and\n(b) knows the representation is false.\nMaximum penalty: 100 penalty units or imprisonment for\n12 months.\n38 Misleading information and document\n(1) A person commits an offence if:\n(a) the person gives information to another person; and\n(b) the other person is the Authority or a poppy control officer; and\n(c) the person knows the information is misleading; and\n(d) the person knows the Authority or poppy control officer is\nacting in an official capacity.\nMaximum penalty: 200 penalty units or imprisonment for\n2 years.\n\nPart 4 Offences, liability and criminal proceedings\nPoppy Regulation Act 2014 23\n(2) A person commits an offence if:\n(a) the person gives a document to another person; and\n(b) the other person is the Authority or a poppy control officer; and\n(c) the person knows the document contains misleading\ninformation; and\n(d) the person knows the Authority or poppy control officer is\nacting in an official capacity.\nMaximum penalty: 200 penalty units or imprisonment for\n2 years .\n(3) Strict liability applies to subsections (1)(b) and (2)(b).\n(4) Subsection (2) does not apply if the person, when giving the\ndocument:\n(a) draws the misleading aspect of the document to the\nAuthority's or poppy control officer's attention; and\n(b) to the extent to which the person can reasonably do so – gives\nthe Authority or poppy control officer the information\nnecessary to remedy the misleading aspect of the document.\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.\n39 Intimidation to prevent cooperation with Authority\n(1) A person (person A) commits an offence if person A:\n(a) causes, or threatens to cause, harm to another person\n(person B); and\n(b) does so:\n(i) with intent to discourage person B from cooperating with\nthe Authority; or\n(ii) in retribution for person B's having cooperated with the\nAuthority.\nMaximum penalty: 400 penalty units or imprisonment for\n2 years.\n\nPart 4 Offences, liability and criminal proceedings\nPoppy Regulation Act 2014 24\n(2) For subsection (1)(b), it is immaterial whether person B intended to\ncooperate, or had cooperated, with the Authority.\n(3) In this section:\ncooperate with the Authority includes the following:\n(a) complying with a requirement under this Act to give\ninformation to the Authority or a poppy control officer;\n(b) voluntarily providing information to the Authority or a poppy\ncontrol officer.\nharm includes dismissal from employment or other action\ndetrimental to an employment relationship.\n40 Confidentiality of information\n(1) A person commits an offence if:\n(a) the person obtains information in the course of performing\nfunctions connected with the administration of this Act; and\n(b) the person engages in conduct that results in the disclosure of\nthe information.\nMaximum penalty: 200 penalty units or imprisonment for\n2 years.\n(2) Strict liability applies to subsection (1)(a).\n(3) Subsection (1) does not apply if:\n(a) the person discloses the information:\n(i) for the administration of this Act; or\n(ii) with the consent of the person to whom the information\nrelates; or\n(iii) for legal proceedings arising out of the operation of this\nAct; or\n(b) the information is otherwise available to the public.\nNote for subsection (3)\nIn addition to the circumstances mentioned in subsection (3), a person who\ndiscloses confidential information will not be criminally responsible for an offence\nif the disclosure is justified or excused by or under a law (see section 43BE of the\nCriminal Code).\n\nPart 4 Offences, liability and criminal proceedings\nPoppy Regulation Act 2014 25\n41 Return of identity card\n(1) A person who ceases to be a poppy control officer must return the\nperson's identity card to the Authority within 21 days after the\ncessation.\nMaximum penalty: 20 penalty units.\n(2) An offence against subsection (1) is an offence of strict liability.\n(3) It is a defence to a prosecution for an offence against\nsubsection (1) if the person establishes a reasonable excuse.\n42 Criminal liability of executive officer of body corporate\n(1) An executive officer of a body corporate commits an offence if:\n(a) the body corporate commits an offence by contravening a\ndeclared provision (a relevant offence) and the officer was\nreckless about whether the contravention would happen; and\n(b) the officer was in a position to influence the conduct of the\nbody corporate in relation to the contravention; and\n(c) the officer recklessly failed to take reasonable steps to prevent\nthe contravention.\nMaximum penalty: The maximum penalty that may be imposed\non an individual for the relevant offence.\n(2) Strict liability applies to subsection (1)(b).\n(3) In deciding whether the executive officer took (or failed to take)\nreasonable steps to prevent the contravention, a court must\nconsider the following:\n(a) any action the officer took directed towards ensuring the\nfollowing (to the extent the action is relevant to the\ncontravention):\n(i) the body corporate arranged regular professional\nassessments of the body corporate's compliance with\nthe declared provision;\n(ii) the body corporate implemented any appropriate\nrecommendation arising from an assessment under\nsubparagraph (i);\n\nPart 4 Offences, liability and criminal proceedings\nPoppy Regulation Act 2014 26\n(iii) the body corporate's employees, agents and contractors\nhad a reasonable knowledge and understanding of the\nrequirement to comply with the declared provision;\n(b) any action the officer took when the officer became aware that\nthe contravention was, or could be, about to happen.\n(4) Subsection (3) does not limit the matters the court may consider.\n(5) This section does not affect the liability of the body corporate.\n(6) This section applies whether or not the body corporate is\nprosecuted for, or found guilty of, the relevant offence.\n(7) This section does not apply if the body corporate would have a\ndefence to a prosecution for the relevant offence.\n(8) In this section:\ndeclared provision means:\n(a) section 32, 33, 34(1) or 36(1); or\n(b) a provision of the Regulations prescribed by regulation.\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.\n43 Liability of licensee for actions of others\n(1) A licensee commits an offence if:\n(a) a contractor, or an employee of a contractor or a licensee,\ncommits an offence under this Act (the relevant offence); and\n(b) the licensee failed to take reasonable steps to prevent the\ncommission of the offence; and\n(c) the licensee was reckless about whether the commission of\nthe offence would happen.\nMaximum penalty: The maximum penalty that may be imposed\nfor the relevant offence.\n\nPart 4 Offences, liability and criminal proceedings\nPoppy Regulation Act 2014 27\n(2) It is a defence to a prosecution for an offence committed because\nof subsection (1) that:\n(a) the contractor or employee would not have been found guilty\nof the offence because the contractor or employee would have\nbeen able to establish a defence to a prosecution for the\nrelevant offence; or\n(b) the licensee did not know, and could not reasonably have\nbeen expected to know, that the offence was to be or was\nbeing committed; or\n(c) the licensee exercised due diligence to prevent the\ncommission of the offence.\n(3) This section does not affect the liability of the contractor or\nemployee for the relevant offence.\n(4) This section applies whether or not the contractor or employee is\nprosecuted for, or found guilty of, the relevant offence.\n(5) A licensee is not liable to imprisonment if found guilty of an offence\nbecause of subsection (1) if the licensee would not have been\nfound guilty of the offence if subsection (1) had not been enacted.\n44 Commencing proceedings\n(1) A proceeding for an offence against this Act may be commenced:\n(a) only by, or with the written approval of, the Authority; and\n(b) within 3 years after the day on which the Authority first\nbecame aware of the commission of the alleged offence.\n(2) A certificate of the Authority stating the day on which the Authority\nfirst became aware of the commission of an alleged offence is, in\nthe absence of evidence to the contrary, evidence of that fact.\n45 Averments\n(1) Subsection (2) applies if, in a proceeding, an averment in the\ninformation or complaint states that at a specified time:\n(a) a specified place was a place at or which a specified activity\nwas or was not authorised to be carried out under a specified\npoppy licence; or\n(b) a specified person was:\n(i) a licensee; or\n\nPart 5 Miscellaneous matters\nPoppy Regulation Act 2014 28\n(ii) a contractor of a specified licensee; or\n(iii) an employee of a specified licensee or specified\ncontractor of a specified licensee; or\n(iv) a poppy control officer; or\n(c) a specified poppy licence had been issued, amended,\nsuspended or cancelled or was or was not in force; or\n(d) a specified poppy licence contained specified conditions; or\n(e) a specified requirement or notice permitted or required to be\ngiven or imposed under this Act had or had not been given or\nhad not been given or imposed.\n(2) The statement is taken to have been proved in the absence of\nevidence to the contrary.\n46 Court may order reimbursement of investigation costs\nIf a person is found guilty of an offence against this Act, the Court\nmay, in addition to any other order it may make under this Act or\nthe Sentencing Act 1995, make an order requiring the offender to\nreimburse the costs and expenses incurred by the Authority in\ninvestigating the offence.\nPart 5 Miscellaneous matters\n47 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 Authority or a poppy control\nofficer.\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.\n48 Approved forms\nThe Authority may approve forms for this Act.\n\nPart 6 Transitional matters for Statute Law Amendment (Directors' Liability) Act 2015\nPoppy Regulation Act 2014 29\n49 Regulations\nThe Administrator may make regulations under this Act.\nPart 6 Transitional matters for Statute Law\nAmendment (Directors' Liability) Act 2015\n50 Offences – before and after commencement\n(1) Section 42, as inserted by the Statute Law Amendment (Directors'\nLiability) Act 2015, (the new section) applies in relation to a\nrelevant offence committed by a body corporate after the\ncommencement of Part 2, Division 28 of that Act (the\ncommencement) only if:\n(a) all the conduct constituting the relevant offence occurred after\nthe commencement; and\n(b) all the conduct of the executive officer constituting the offence\nagainst the new section occurred after the commencement.\n(2) Section 42, as in force before the commencement:\n(a) continues to apply in relation to offences committed by a body\ncorporate before the commencement; and\n(b) applies in relation to relevant offences committed by a body\ncorporate after the commencement to which, as a result of\nsubsection (1), the new section does not apply.\n\nENDNOTES\nPoppy Regulation Act 2014 30\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\nPoppy Regulation Act 2014 (Act No. 16, 2014)\nAssent date 29 May 2014\nCommenced ss 13 and 14: 1 July 2014; rem: 29 May 2014 (s 2)\nStatute Law Amendment (Directors' Liability) Act 2015 (Act No. 26, 2015)\nAssent date 18 September 2015\nCommenced 14 October 2015 (Gaz G41, 14 October 2015, p 3)\nLocal Court (Related Amendments) Act 2016 (Act No. 8, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related\nAmendments) Act 2016 (Act No. 9, 2016) and Gaz S34,\n29 April 2016)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22 of 2018) to: ss 1, 13, 22, 25 and 46.\n4 LIST OF AMENDMENTS\ns 22 amd No. 8, 2016, s 45\ns 42 sub No. 26, 2015, s 89\npt 6 hdg ins No. 26, 2015, s 90\ns 50 ins No. 26, 2015, s 90","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of regulating poppy cultivation and processing for pharmaceutical purposes. The 2015 amendments regarding directors' liability (Part 6) and 2016 amendments regarding Local Court jurisdiction represent standard machinery updates rather than scope expansion. The Act has not grown beyond its core regulatory function."},"complexity_factors":["Extensive definition of 'associate' spanning 6 detailed paragraphs covering family relationships, trusts, partnerships, and complex corporate control structures (section 4)","Nested conditions for licence issuance requiring satisfaction of multiple cumulative criteria including police certificates, fit and proper person tests, and security assessments (section 9)","Dual liability regime: individual offenders plus executive officer liability (section 42) plus licensee liability for contractors/employees (section 43)","Cross-references to Criminal Code Part IIAA for general principles of criminal responsibility (section 6)","Multiple exceptions and defences scattered throughout offence provisions (e.g., sections 34(2), 38(4), 40(3), 43(2))","Transitional provision (section 50) dealing with temporal jurisdiction for director liability amendments","Interaction with Commonwealth licensing requirements for processing (section 9(3)(a)(iii)(F))"],"plain_english_summary":"**What this law does:**\n\nThis is the Northern Territory's law controlling who can grow, handle, and process opium poppies (*Papaver somniferum* and related varieties). Because these plants are used to make powerful medicines like morphine and codeine—but also dangerous illegal drugs like heroin—the government tightly regulates them.\n\n**Who it affects:**\n\n*   **Farmers and businesses** wanting to cultivate poppies for pharmaceutical use\n*   **Employees and contractors** working for licensed poppy growers\n*   **Poppy control officers**—government inspectors who monitor compliance\n*   **Police**, who have enforcement powers under this Act\n\n**Key rules:**\n\n*   **You need a licence** to do anything with poppies—growing, possessing, transporting, or processing them. Doing any of this without a licence is a criminal offence carrying up to 2 years in prison.\n*   **Licences are hard to get.** The Poppy Licensing Authority (a government official) issues them only after police checks and only to \"fit and proper\" people. Licences last up to 3 years, aren't transferable, and can be cancelled if you break the rules.\n*   **Strict oversight.** Poppy control officers can enter properties, inspect crops, seize materials, demand documents, and take samples. They need a warrant to enter your home unless you invite them in or they're police with special powers.\n*   **Heavy penalties for cheating.** Offences include lying to inspectors, obstructing them, intimidating witnesses, and breaching licence conditions. Company directors can be personally prosecuted if their business breaks the law.\n*   **Seized materials.** If poppies are seized, they must generally be returned within 3 months unless a court orders otherwise or they're needed as evidence.\n\n**Why it matters:**\n\nThis law creates a legal pathway for legitimate pharmaceutical poppy farming while keeping tight control to prevent diversion into the illegal drug trade. It balances agricultural opportunity with public safety and law enforcement needs."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"Subsequent amendments broadened the Act's scope beyond a simple licensing and enforcement framework for poppy activity. Notably, the Statute Law Amendment (Directors' Liability) Act 2015 inserted section 42, which creates personal criminal liability for executive officers of bodies corporate where the corporation commits certain 'declared' offences and the officer was reckless and failed to take reasonable steps to prevent the contravention. That addition extends the Act's reach from regulating activities and corporate licences to attaching individual criminal responsibility to company executives (see s 42 and transitional s 50). Other amendments updated court‑related and formal provisions (eg Local Court amendments affecting s 22 and other technical updates), but the most substantively enlarging change is the addition of executive criminal liability."},"complexity_factors":["Multiple defined terms with detailed, multi-part definitions (eg \"associate\" at s 4 runs across several subparagraphs)","Significant cross-references to other instruments and laws (Part IIAA of the Criminal Code, Northern Territory Civil and Administrative Tribunal Act, Police Administration Act, Commonwealth licence requirements) (ss 6, 9(3)(a)(F), 13–14, 22)","Administrative discretion and conditional logic in licensing (many conditions for issuing, amending, suspending, cancelling licences — ss 9, 11, 12)","Timing rules and deadlines (28 days for police certificate s 9(2), 2 months for renewal s 10(2), 28 days for tribunal review s 13(2), 3‑year prosecution awareness window s 44)","Mix of strict liability and fault-based offences (strict liability for certain official-capacity elements and sections 35(2), 38(3), 41(2), with recklessness and knowledge elements elsewhere e.g. ss 32, 42–43)","Seizure, retention and forfeiture procedures with nested court applications (ss 26–31, 29 limits to 12 months total retention)","Corporate and individual liability overlap (licensee liability for others s 43; executive liability s 42) with defences and evidentiary considerations (s 42(3), s 43(2))","Regulatory delegation and operational rules (Authority appointment, delegations, approval of forms, regulations — ss 15–17, 47–49)"],"plain_english_summary":"This law creates a licensing regime and Poppy Licensing Authority to regulate commercial cultivation, possession, transport and processing of poppy material, requiring applicants to meet security, risk‑management and fitness tests. It authorises poppy control officers (including police) to inspect, seize, test and destroy material, and establishes offences and penalties for unauthorised activity and breaches.\n\nIt affects prospective licensees, their employees and contractors, company executives (who can face personal liability for reckless failure to prevent offences), and property owners; its purpose is to channel poppy activity through licences to reduce safety and security risks."},"issue_detection":{"absurdities":[],"contradictions":[]},"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"}},"importantCases":[],"_links":{"self":"/api/acts/poppy-regulation-act-2014","history":"/api/acts/poppy-regulation-act-2014/history","analysis":"/api/acts/poppy-regulation-act-2014/analysis","conflicts":"/api/acts/poppy-regulation-act-2014/conflicts","importantCases":"/api/acts/poppy-regulation-act-2014/important-cases","documents":"/api/acts/poppy-regulation-act-2014/documents"}}