QLDIn ForceAct
Drugs Misuse Act 1986
sec.46Definitions for pt 5B
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### sec.46 Definitions for pt 5B
In this part—
affected by bankruptcy action ...
s 46 def affected by bankruptcy action om 2018 No. 5 s 99 (1)
cannabis means Cannabis sativa .
category 1 researcher ...
s 46 def category 1 researcher om 2018 No. 5 s 117 (1)
category 1 researcher licence ...
s 46 def category 1 researcher licence om 2018 No. 5 s 117 (1)
category 2 researcher ...
s 46 def category 2 researcher om 2018 No. 5 s 117 (1)
category 2 researcher licence ...
s 46 def category 2 researcher licence om 2018 No. 5 s 117 (1)
certified cannabis seed ...
s 46 def certified cannabis seed amd 2010 No. 42 s 37 sch
om 2018 No. 5 s 117 (1)
class A research cannabis plant means a cannabis plant that has a THC concentration in its leaves and flowering heads of 3% or more.
class A research cannabis seed means—
seed harvested from a class A research cannabis plant; or
seed that, if grown, will produce a class A research cannabis plant.
class B research cannabis plant means a cannabis plant that has a THC concentration in its leaves and flowering heads of more than 1% but less than 3%.
class B research cannabis seed means—
seed harvested from a class B research cannabis plant; or
seed that, if grown, will produce a class B research cannabis plant.
close associate , of an applicant or licensee, means any of the following—
a person who—
holds or will hold any relevant financial interest in the business of the applicant or licensee; and
because of the interest, is or will be able to exercise a significant influence over or in relation to the conduct of that business;
a person who—
is or will be entitled to exercise any relevant power (whether in his or her own right or on behalf of any other person), in the business of the applicant or licensee; and
because of the power, is or will be able to exercise a significant influence over or in relation to the conduct of that business;
a person who holds or will hold any relevant position, whether in his or her own right or on behalf of any other person, in the business of the applicant or licensee.
compliance notice see section 110A (2) .
s 46 def compliance notice ins 2018 No. 5 s 99 (2)
convicted ...
s 46 def convicted om 2018 No. 5 s 99 (1)
criminal history , of a person, means the person’s criminal history as defined under the Criminal Law (Rehabilitation of Offenders) Act 1986 .
denatured , for seed harvested from industrial cannabis plants, means that the seed will not grow because it has been cracked, de-hulled, heated, or treated in another way that prevents growth.
executive officer , of a corporation, means any person, by whatever name called and whether or not the person is a director of the corporation, who is concerned, or takes part, in the management of the corporation.
grower means a person who holds a grower licence that is in force.
grower licence means a grower licence issued under section 49 .
industrial cannabis fibre means fibre from industrial cannabis plants.
industrial cannabis plant means a cannabis plant with a THC concentration in its leaves and flowering heads of not more than 1%.
industrial cannabis seed means—
cannabis seed harvested from an industrial cannabis plant; or
planting seed.
s 46 def industrial cannabis seed amd 2018 No. 5 s 117 (3)
information notice means a notice complying with the QCAT Act , section 157 (2) .
s 46 def information notice sub 2009 No. 24 s 424
inspector means a person appointed under this part as an inspector.
licence means a licence issued under section 49 .
licensee means the holder of a licence that is in force.
planting seed means cannabis seed that is, in accordance with a regulation, taken to have been harvested from a cannabis plant with a THC concentration, in the plant’s leaves and flowering heads, of not more than 0.5%.
s 46 def planting seed ins 2018 No. 5 s 117 (2)
prescribed photograph , of a person, means a recent colour photograph of the person of a size prescribed under a regulation and certified as a photograph of the person in the way prescribed under a regulation.
s 46 def prescribed photograph ins 2006 No. 48 s 23
processed cannabis means—
industrial cannabis plants that—
have been harvested or chemically or mechanically treated or artificially treated in another way; and
have no leaf, flowers or seed; or
seed from industrial cannabis plants grown by a holder of a grower licence under part 5B and denatured—
on the place stated in the licence; or
by a seed handler.
s 46 def processed cannabis amd 2018 No. 5 s 117 (4)
relevant authority means—
a licence; or
an authority under section 48 .
s 46 def relevant authority ins 2018 No. 5 s 99 (2)
relevant position , in relation to a business, means a position whose holder participates in the management of the business (whether in the capacity of a director, manager or secretary or in another capacity).
relevant power , in relation to a business, means any power, whether exercisable by voting or otherwise and whether exercisable alone or in association with others—
to participate in any managerial or executive decision for the business; or
to elect or appoint any person to any relevant position in the business.
researcher means a person who holds a researcher licence that is in force.
s 46 def researcher ins 2018 No. 5 s 117 (2)
researcher licence means a researcher licence issued under section 49 .
s 46 def researcher licence ins 2018 No. 5 s 117 (2)
seed handler means a person who holds a seed handler licence that is in force.
s 46 def seed handler ins 2018 No. 5 s 117 (2)
seed handler licence means a seed handler licence issued under section 49 .
s 46 def seed handler licence ins 2018 No. 5 s 117 (2)
serious offence ...
s 46 def serious offence amd 2013 No. 14 s 46
om 2018 No. 5 s 99 (1)
s 46 ins 2002 No. 35 s 7
- (a) seed harvested from a class A research cannabis plant; or
- (b) seed that, if grown, will produce a class A research cannabis plant.
- (a) seed harvested from a class B research cannabis plant; or
- (b) seed that, if grown, will produce a class B research cannabis plant.
- (a) a person who— (i) holds or will hold any relevant financial interest in the business of the applicant or licensee; and (ii) because of the interest, is or will be able to exercise a significant influence over or in relation to the conduct of that business;
- (i) holds or will hold any relevant financial interest in the business of the applicant or licensee; and
- (ii) because of the interest, is or will be able to exercise a significant influence over or in relation to the conduct of that business;
- (b) a person who— (i) is or will be entitled to exercise any relevant power (whether in his or her own right or on behalf of any other person), in the business of the applicant or licensee; and (ii) because of the power, is or will be able to exercise a significant influence over or in relation to the conduct of that business;
- (i) is or will be entitled to exercise any relevant power (whether in his or her own right or on behalf of any other person), in the business of the applicant or licensee; and
- (ii) because of the power, is or will be able to exercise a significant influence over or in relation to the conduct of that business;
- (c) a person who holds or will hold any relevant position, whether in his or her own right or on behalf of any other person, in the business of the applicant or licensee.
- (i) holds or will hold any relevant financial interest in the business of the applicant or licensee; and
- (ii) because of the interest, is or will be able to exercise a significant influence over or in relation to the conduct of that business;
- (i) is or will be entitled to exercise any relevant power (whether in his or her own right or on behalf of any other person), in the business of the applicant or licensee; and
- (ii) because of the power, is or will be able to exercise a significant influence over or in relation to the conduct of that business;
- (a) cannabis seed harvested from an industrial cannabis plant; or
- (b) planting seed.
- (a) industrial cannabis plants that— (i) have been harvested or chemically or mechanically treated or artificially treated in another way; and (ii) have no leaf, flowers or seed; or
- (i) have been harvested or chemically or mechanically treated or artificially treated in another way; and
- (ii) have no leaf, flowers or seed; or
- (b) seed from industrial cannabis plants grown by a holder of a grower licence under part 5B and denatured— (i) on the place stated in the licence; or (ii) by a seed handler.
- (i) on the place stated in the licence; or
- (ii) by a seed handler.
- (i) have been harvested or chemically or mechanically treated or artificially treated in another way; and
- (ii) have no leaf, flowers or seed; or
- (i) on the place stated in the licence; or
- (ii) by a seed handler.
- (a) a licence; or
- (b) an authority under section 48 .
- (a) to participate in any managerial or executive decision for the business; or
- (b) to elect or appoint any person to any relevant position in the business.