The Drugs Misuse Regulation 1987 sets procedural rules for controlling supply, disposal and traceability of controlled drugs and for an authorised industrial/research cannabis supply chain. It requires ID, end‑user declarations, invoices and multi‑year transaction registers, prescribes THC testing and labelling for low‑THC seed/plants, and authorises who may possess, produce, transport or test cannabis materials.
It affects suppliers, licensees (growers, researchers, seed handlers), carriers, inspectors and police, and matters because it operationalises diversion controls, creates compliance costs (records, testing, fees) and centralises inspection and lab‑dependent verification.
This regulation prescribes operational, recordkeeping, labelling, disposal, authorisation and fee rules that give practical effect to specified provisions of the Drugs Misuse Act (the Act). It sets procedural detail for: safe disposal of hypodermic syringes and needles (s 3); disposal of trace amounts of dangerous drugs (s 4); what counts as a relevant transaction when a controlled substance is supplied in or in connection with a business (s 5); identification, end user declaration and invoicing requirements for supplies of controlled substances or controlled things (s 6, s 6A, s 7, s 9); retention and format requirements for registers and other documents (s 7, s 9); monitoring fees and how those are calculated (s 28A); and a suite of rules for the commercial production, movement, testing and labelling of industrial and research cannabis (pt 4, notably ss 10-29 and schs 7, 8, 8E and 8A referenced).
For particular Act provisions the regulation adds mandatory mechanics. For example, to operationalise the Act’s supply controls the regulation prescribes the content of the end user declaration a supplier must obtain before supply, the identity evidence required from individual recipients, the invoice content and an express 20 penalty unit maximum for failing to make the invoice (s 6). The regulation also requires a copy of the end user declaration be given to the commissioner of the police service as soon as practicable (s 6A), and prescribes the register fields and a strict seven-day recording deadline (s 7). For industrial cannabis, the regulation defines when seed is taken to be harvested from a 0.5% THC plant and requires analysis by authorised persons or in NATA accredited laboratories and labelling with required particulars (s 11, with labelling method in s 27C). It also creates narrow statutory authorisations for carriers, DPI researchers, inspectors, analysts, manufacturers, family members and employees to possess, transport, supply or handle specified cannabis material, and sets notification and recordkeeping obligations for licensees (ss 12-23, 25-27A).
Current sections
Direct links to the current provisions in Drugs Misuse Regulation 1987.
65
pt.1
Preliminary
Preliminary
sec.1
Short title
sec.1 Short title
This regulation may be cited as the Drugs Misuse Regulation 1987 .
sec.2
Dictionary
sec.2 Dictionary
The dictionary in schedule 9 defines particular words used in this regulation.
s 2 prev s 2 amd 1996 SL No. 309 s 5 (1) ; om 8 November 1996 RA s 37
pres s 2 (prev s 4) sub 1998 SL No. 348 s 3 (2)
renum 2002 No. 255 s 3
s 2 def occupier’s notice reloc to sch 9 1998 SL No. 348 s 3 (1)
s 2 def record of proceedings reloc to sch 9 1998 SL No. 348 s 3 (1)
s 2 def search warrant reloc to sch 9 1998 SL No. 348 s 3 (1)
s 2 def supply ins 1996 SL No. 309 s 5 (3)
om 1998 SL No. 348 s 3 (2)
s 2 def the Act sub 1989 reg pubd gaz 6 May 1989 pp 230–1
om 1996 SL No. 309 s 5 (2)
pt.2
Syringes and dangerous drugs disposal procedures
Syringes and dangerous drugs disposal procedures
sec.3
Prescribed procedures for the disposal of hypodermic syringes and needles
sec.3 Prescribed procedures for the disposal of hypodermic syringes and needles
For the purposes of section 10 (4A) of the Act , the prescribed procedures for the disposal of a hypodermic syringe or needle are—
by placing the hypodermic syringe or needle in a rigid wall, puncture resistant container and that container is sealed or securely closed in such a manner that its contents are incapable of causing injury to any person; or
by giving the hypodermic syringe or needle to a person who is a medical practitioner, pharmacist or person or a member of a class of persons referred to as authorised in section 10 (3) of the Act .
s 3 ins reg pubd gaz 6 May 1989 pp 230–1
renum 2002 SL No. 255 s 5 (2)
amd 2009 SL No. 99 s 3
(a) by placing the hypodermic syringe or needle in a rigid wall, puncture resistant container and that container is sealed or securely closed in such a manner that its contents are incapable of causing injury to any person; or
(b) by giving the hypodermic syringe or needle to a person who is a medical practitioner, pharmacist or person or a member of a class of persons referred to as authorised in section 10 (3) of the Act .
sec.4
Prescribed procedure for disposal of dangerous drugs
sec.4 Prescribed procedure for disposal of dangerous drugs
For the purposes of section 125 of the Act , the prescribed procedure for the disposal of a thing is—
in the case where the thing is a trace amount of a dangerous drug contained in a hypodermic syringe or needle, by disposing of the hypodermic syringe or needle in accordance with the procedures prescribed in section 3 ; or
in any other case, at the first reasonable opportunity, by giving—
such thing; and
where such thing is contained in a hypodermic syringe or needle, such syringe or needle;
to an inspector under the Medicines and Poisons Act 2019 .
s 4 (prev s 10) ins reg pubd gaz 6 May 1989 pp 230–1
renum 2002 SL No. 255 s 5 (2)
amd 2006 SL No. 71 s 4 ; 2008 Act No. 4 s 34 ; 2009 SL No. 99 s 4 ; amd 2021 SL No. 141 s 93 sch 8
(a) in the case where the thing is a trace amount of a dangerous drug contained in a hypodermic syringe or needle, by disposing of the hypodermic syringe or needle in accordance with the procedures prescribed in section 3 ; or
(b) in any other case, at the first reasonable opportunity, by giving— (i) such thing; and (ii) where such thing is contained in a hypodermic syringe or needle, such syringe or needle; to an inspector under the Medicines and Poisons Act 2019 .
(i) such thing; and
(ii) where such thing is contained in a hypodermic syringe or needle, such syringe or needle;
(i) such thing; and
(ii) where such thing is contained in a hypodermic syringe or needle, such syringe or needle;
pt.3
Controlled substances
Controlled substances
sec.5
Other act that is a relevant transaction— Act , s 43C (b)
sec.5 Other act that is a relevant transaction— Act , s 43C (b)
Any act by which a controlled substance is supplied by a person, in or in connection with the person’s business, to anyone else is a relevant transaction for the supply of a controlled substance.
A and B are partners in a chain of pharmacies. They make cold tablets to sell in the pharmacies by compounding ephedrine (a controlled substance) with other substances.
The partners sell some of the left over ephedrine to a pharmaceutical research company and give the rest away.
Both the sale and gift of ephedrine are relevant transactions.
Under section 43A of the Act —
supply means give, distribute, sell or supply.
s 5 prev s 5 amd 1996 SL No. 309 s 7
om 2002 SL No. 255 s 4
pres s 5 (prev s 11) ins 1996 SL No. 309 s 12
renum 2002 SL No. 255 s 5 (2)
sec.6
Documents and proof of identity required for supply of a controlled substance or controlled thing— Act , s 43D (1) (a)
sec.6 Documents and proof of identity required for supply of a controlled substance or controlled thing— Act , s 43D (1) (a)
This section applies to a person who supplies a controlled substance or controlled thing under a relevant transaction to anyone else (a recipient ).
The person must, before supplying the substance or thing, obtain from the recipient a document (an end user declaration ) showing the following information—
the recipient’s name and address, and if the recipient purports to obtain the substance or thing for another person, the other person’s name and address;
details of the official document produced by the recipient under subsection (3) as evidence of the recipient’s identity;
the date and number of the written order for the supply of the substance or thing;
the name and quantity of the substance or thing to be supplied;
if a thing is supplied—the serial number or unique identifier of the thing;
the date on which the substance or thing is to be supplied;
the purpose for which the substance or thing is to be supplied.
If the recipient is an individual, the person must, before supplying the substance or thing, require the recipient to produce an official document containing the recipient’s photograph (for example, a passport or driver licence) as evidence of the recipient’s identity.
The person must, immediately the person supplies the substance or thing under the transaction, make an invoice for the supply of the substance or thing showing the following details—
the recipient’s name and address;
the recipient’s order number for the supply of the substance or thing;
the date the substance or thing was supplied;
the name and quantity of the substance or thing supplied.
Maximum penalty for subsection (4) —20 penalty units.
s 6 prev s 6 amd 1996 SL No. 309 s 8
om 2002 SL No. 255 s 4
pres s 6 (prev s 12) ins 1996 SL No. 309 s 12
renum 2002 SL No. 255 s 5 (2)
amd 2008 Act No. 4 s 35 ; 2009 SL No. 99 s 5
(sec.6-ssec.1) This section applies to a person who supplies a controlled substance or controlled thing under a relevant transaction to anyone else (a recipient ).
(sec.6-ssec.2) The person must, before supplying the substance or thing, obtain from the recipient a document (an end user declaration ) showing the following information— the recipient’s name and address, and if the recipient purports to obtain the substance or thing for another person, the other person’s name and address; details of the official document produced by the recipient under subsection (3) as evidence of the recipient’s identity; the date and number of the written order for the supply of the substance or thing; the name and quantity of the substance or thing to be supplied; if a thing is supplied—the serial number or unique identifier of the thing; the date on which the substance or thing is to be supplied; the purpose for which the substance or thing is to be supplied.
(sec.6-ssec.3) If the recipient is an individual, the person must, before supplying the substance or thing, require the recipient to produce an official document containing the recipient’s photograph (for example, a passport or driver licence) as evidence of the recipient’s identity.
(sec.6-ssec.4) The person must, immediately the person supplies the substance or thing under the transaction, make an invoice for the supply of the substance or thing showing the following details— the recipient’s name and address; the recipient’s order number for the supply of the substance or thing; the date the substance or thing was supplied; the name and quantity of the substance or thing supplied. Maximum penalty for subsection (4) —20 penalty units.
(a) the recipient’s name and address, and if the recipient purports to obtain the substance or thing for another person, the other person’s name and address;
(b) details of the official document produced by the recipient under subsection (3) as evidence of the recipient’s identity;
(c) the date and number of the written order for the supply of the substance or thing;
(d) the name and quantity of the substance or thing to be supplied;
(e) if a thing is supplied—the serial number or unique identifier of the thing;
(f) the date on which the substance or thing is to be supplied;
(g) the purpose for which the substance or thing is to be supplied.
(a) the recipient’s name and address;
(b) the recipient’s order number for the supply of the substance or thing;
(c) the date the substance or thing was supplied;
(d) the name and quantity of the substance or thing supplied.
sec.6A
End user declaration to be given to commissioner of police service— Act , s 43D (1) (d)
sec.6A End user declaration to be given to commissioner of police service— Act , s 43D (1) (d)
This section applies to a person who supplies a controlled substance or controlled thing under a relevant transaction to anyone else (the recipient ).
The person must, as soon as practicable after obtaining from the recipient the end user declaration mentioned in section 6 (2) , give a copy of the end user declaration to the commissioner of the police service.
s 6A ins 2008 Act No. 4 s 36
(sec.6A-ssec.1) This section applies to a person who supplies a controlled substance or controlled thing under a relevant transaction to anyone else (the recipient ).
(sec.6A-ssec.2) The person must, as soon as practicable after obtaining from the recipient the end user declaration mentioned in section 6 (2) , give a copy of the end user declaration to the commissioner of the police service.
sec.7
Details about supply of controlled substance or controlled thing to be recorded in register
sec.7 Details about supply of controlled substance or controlled thing to be recorded in register
The following details about a relevant transaction for the supply of a controlled substance or controlled thing must be recorded in the register—
the name and address of the recipient and, if the recipient purports to obtain the substance or thing for another person, the other person’s name and address;
the recipient’s order number for the supply of the substance or thing;
the invoice number for the supply of the substance or thing;
if the recipient is—
a company—its Australian Company Number; or
an individual—the type of official document produced under section 6 (3) and the following details about the document—
who issued it;
its serial number or other identifying number or mark;
the name and quantity of the substance or thing supplied;
the date the substance or thing was supplied;
the purpose for which the substance or thing was supplied.
The details must be recorded in the register as soon as practicable, but in no case later than 7 days, after the day the person supplied the substance or thing under the transaction.
Nothing in this section prevents the keeping of a single register for the Act and another Act if—
the keeping of the single register is not contrary to the other Act; and
the details recorded under subsection (1) are easily identifiable in the single register.
See section 43D (1) (c) of the Act for the requirement to keep the register.
s 7 prev s 7 sub reg pubd gaz 17 December 1988 pp 2214–15
amd 1996 SL No. 309 s 9
om 2002 SL No. 255 s 4
pres s 7 (prev s 13) ins 1996 SL No. 309 s 12
renum 2002 SL No. 255 s 5 (2)
amd 2008 Act No. 4 s 37 ; 2012 SL No. 92 s 19
(sec.7-ssec.1) The following details about a relevant transaction for the supply of a controlled substance or controlled thing must be recorded in the register— the name and address of the recipient and, if the recipient purports to obtain the substance or thing for another person, the other person’s name and address; the recipient’s order number for the supply of the substance or thing; the invoice number for the supply of the substance or thing; if the recipient is— a company—its Australian Company Number; or an individual—the type of official document produced under section 6 (3) and the following details about the document— who issued it; its serial number or other identifying number or mark; the name and quantity of the substance or thing supplied; the date the substance or thing was supplied; the purpose for which the substance or thing was supplied.
(sec.7-ssec.2) The details must be recorded in the register as soon as practicable, but in no case later than 7 days, after the day the person supplied the substance or thing under the transaction.
(sec.7-ssec.3) Nothing in this section prevents the keeping of a single register for the Act and another Act if— the keeping of the single register is not contrary to the other Act; and the details recorded under subsection (1) are easily identifiable in the single register. See section 43D (1) (c) of the Act for the requirement to keep the register.
(a) the name and address of the recipient and, if the recipient purports to obtain the substance or thing for another person, the other person’s name and address;
(b) the recipient’s order number for the supply of the substance or thing;
(c) the invoice number for the supply of the substance or thing;
(d) if the recipient is— (i) a company—its Australian Company Number; or (ii) an individual—the type of official document produced under section 6 (3) and the following details about the document— (A) who issued it; (B) its serial number or other identifying number or mark;
(i) a company—its Australian Company Number; or
(ii) an individual—the type of official document produced under section 6 (3) and the following details about the document— (A) who issued it; (B) its serial number or other identifying number or mark;
(A) who issued it;
(B) its serial number or other identifying number or mark;
(e) the name and quantity of the substance or thing supplied;
(f) the date the substance or thing was supplied;
(g) the purpose for which the substance or thing was supplied.
(i) a company—its Australian Company Number; or
(ii) an individual—the type of official document produced under section 6 (3) and the following details about the document— (A) who issued it; (B) its serial number or other identifying number or mark;
(A) who issued it;
(B) its serial number or other identifying number or mark;
(A) who issued it;
(B) its serial number or other identifying number or mark;
(a) the keeping of the single register is not contrary to the other Act; and
(b) the details recorded under subsection (1) are easily identifiable in the single register.
sec.8
Details about loss or theft of controlled substance or controlled thing to be recorded in register
sec.8 Details about loss or theft of controlled substance or controlled thing to be recorded in register
The following details of the reporting to a police officer of the loss or theft of a controlled substance or controlled thing must be recorded in the register—
the day and place the report was made;
the name and registered number of the officer to whom the report was made;
the name and quantity of the substance or thing lost or stolen.
s 8 prev s 8 om 1996 SL No. 309 s 10
pres s 8 (prev s 14) ins 1996 SL No. 309 s 12
renum 2002 SL No. 255 s 5 (2)
amd 2008 Act No. 4 s 38
(a) the day and place the report was made;
(b) the name and registered number of the officer to whom the report was made;
(c) the name and quantity of the substance or thing lost or stolen.
sec.9
Keeping of register, invoice and other documents
sec.9 Keeping of register, invoice and other documents
This section applies to the register and other documents mentioned in the Act , section 43D (1) and the invoice required under section 6 (4) .
A person who supplies a controlled substance or controlled thing under a relevant transaction must keep the register, documents or invoice—
at the principal or only place in Queensland where the person engages in relevant transactions; and
for 2 years from the day the person supplied the substance or thing under the transaction.
s 9 (prev s 15) ins 1996 SL No. 309 s 12
renum 2002 SL No. 255 s 5 (2)
amd 2008 Act No. 4 s 39
(sec.9-ssec.1) This section applies to the register and other documents mentioned in the Act , section 43D (1) and the invoice required under section 6 (4) .
(sec.9-ssec.2) A person who supplies a controlled substance or controlled thing under a relevant transaction must keep the register, documents or invoice— at the principal or only place in Queensland where the person engages in relevant transactions; and for 2 years from the day the person supplied the substance or thing under the transaction.
(a) at the principal or only place in Queensland where the person engages in relevant transactions; and
(b) for 2 years from the day the person supplied the substance or thing under the transaction.
pt.4
Commercial production of industrial cannabis
Commercial production of industrial cannabis
pt.4-div.1
Preliminary
Preliminary
sec.10
Operation of pt 4 and schs 7 and 8
sec.10 Operation of pt 4 and schs 7 and 8
Divisions 3 to 6 state activities stated persons are authorised to perform for the purposes of part 5B of the Act .
Schedule 7 states conditions applying to particular persons who perform activities stated in divisions 4 , 5 and 6 .
If a word used in this part, schedule 7 or schedule 8 is not defined in the dictionary but is defined for part 5B of the Act , the word has the same meaning as in that part, unless a contrary intention appears.
See section 46 of the Act for definitions for pt 5B of the Act .
s 10 ins 2002 SL No. 255 s 6
amd 2012 SL No. 92 s 20 ; 2018 Act No. 5 s 135
(sec.10-ssec.1) Divisions 3 to 6 state activities stated persons are authorised to perform for the purposes of part 5B of the Act .
(sec.10-ssec.2) Schedule 7 states conditions applying to particular persons who perform activities stated in divisions 4 , 5 and 6 .
(sec.10-ssec.3) If a word used in this part, schedule 7 or schedule 8 is not defined in the dictionary but is defined for part 5B of the Act , the word has the same meaning as in that part, unless a contrary intention appears. See section 46 of the Act for definitions for pt 5B of the Act .
This section states, for section 46 of the Act , definition planting seed , when cannabis seed is taken to have been harvested from a cannabis plant (a 0.5% THC plant ) with a THC concentration, in the plant’s leaves and flowering heads, of not more than 0.5%.
Cannabis seed originating in the State is taken to have been harvested from a 0.5% THC plant if—
both of the following apply—
an authorised person, at the request of the licensee or on the authorised person’s own initiative, arranges for the THC concentration of a representative sample for the seed to be analysed;
the results of the analysis state the THC concentration of the representative sample is not more than 0.5%; and
the seed is labelled with the required particulars.
See section 27C for additional labelling requirements.
Also, cannabis seed originating in the State is taken to have been harvested from a 0.5% THC plant if—
both of the following apply—
an authorised person, at the request of the licensee or on the authorised person’s own initiative, authorises another person in writing to arrange for the THC concentration of a representative sample for the seed to be analysed in a NATA accredited laboratory;
the results of the analysis state the THC concentration of the representative sample is not more than 0.5%; and
the seed is labelled with the required particulars.
See section 27C for additional labelling requirements.
Cannabis seed originating in another State, or another country, is taken to have been harvested from a 0.5% THC plant if the recipient licensee—
takes reasonable steps to confirm that—
a representative sample for the seed has undergone an analysis that is substantially equivalent to an analysis mentioned in subsection (3) (a) (i) ; and
the results of the analysis state the THC concentration of the representative sample is not more than 0.5%; and
labels the cannabis seed with the required particulars.
See section 27C for additional labelling requirements.
In this section—
authorised person means—
an inspector; or
another person authorised by the chief executive for the purpose of this section.
representative sample , for cannabis seed, means a representative sample of cannabis leaves and flowering heads taken from the crop from which the seed was harvested.
s 11 ins 2002 SL No. 255 s 6
sub 2018 Act No. 5 s 136
(sec.11-ssec.1) This section states, for section 46 of the Act , definition planting seed , when cannabis seed is taken to have been harvested from a cannabis plant (a 0.5% THC plant ) with a THC concentration, in the plant’s leaves and flowering heads, of not more than 0.5%.
(sec.11-ssec.2) Cannabis seed originating in the State is taken to have been harvested from a 0.5% THC plant if— both of the following apply— an authorised person, at the request of the licensee or on the authorised person’s own initiative, arranges for the THC concentration of a representative sample for the seed to be analysed; the results of the analysis state the THC concentration of the representative sample is not more than 0.5%; and the seed is labelled with the required particulars. See section 27C for additional labelling requirements.
(sec.11-ssec.3) Also, cannabis seed originating in the State is taken to have been harvested from a 0.5% THC plant if— both of the following apply— an authorised person, at the request of the licensee or on the authorised person’s own initiative, authorises another person in writing to arrange for the THC concentration of a representative sample for the seed to be analysed in a NATA accredited laboratory; the results of the analysis state the THC concentration of the representative sample is not more than 0.5%; and the seed is labelled with the required particulars. See section 27C for additional labelling requirements.
(sec.11-ssec.4) Cannabis seed originating in another State, or another country, is taken to have been harvested from a 0.5% THC plant if the recipient licensee— takes reasonable steps to confirm that— a representative sample for the seed has undergone an analysis that is substantially equivalent to an analysis mentioned in subsection (3) (a) (i) ; and the results of the analysis state the THC concentration of the representative sample is not more than 0.5%; and labels the cannabis seed with the required particulars. See section 27C for additional labelling requirements.
(sec.11-ssec.5) In this section— authorised person means— an inspector; or another person authorised by the chief executive for the purpose of this section. representative sample , for cannabis seed, means a representative sample of cannabis leaves and flowering heads taken from the crop from which the seed was harvested.
(a) both of the following apply— (i) an authorised person, at the request of the licensee or on the authorised person’s own initiative, arranges for the THC concentration of a representative sample for the seed to be analysed; (ii) the results of the analysis state the THC concentration of the representative sample is not more than 0.5%; and
(i) an authorised person, at the request of the licensee or on the authorised person’s own initiative, arranges for the THC concentration of a representative sample for the seed to be analysed;
(ii) the results of the analysis state the THC concentration of the representative sample is not more than 0.5%; and
(b) the seed is labelled with the required particulars. Note— See section 27C for additional labelling requirements.
(i) an authorised person, at the request of the licensee or on the authorised person’s own initiative, arranges for the THC concentration of a representative sample for the seed to be analysed;
(ii) the results of the analysis state the THC concentration of the representative sample is not more than 0.5%; and
(a) both of the following apply— (i) an authorised person, at the request of the licensee or on the authorised person’s own initiative, authorises another person in writing to arrange for the THC concentration of a representative sample for the seed to be analysed in a NATA accredited laboratory; (ii) the results of the analysis state the THC concentration of the representative sample is not more than 0.5%; and
(i) an authorised person, at the request of the licensee or on the authorised person’s own initiative, authorises another person in writing to arrange for the THC concentration of a representative sample for the seed to be analysed in a NATA accredited laboratory;
(ii) the results of the analysis state the THC concentration of the representative sample is not more than 0.5%; and
(b) the seed is labelled with the required particulars. Note— See section 27C for additional labelling requirements.
(i) an authorised person, at the request of the licensee or on the authorised person’s own initiative, authorises another person in writing to arrange for the THC concentration of a representative sample for the seed to be analysed in a NATA accredited laboratory;
(ii) the results of the analysis state the THC concentration of the representative sample is not more than 0.5%; and
(a) takes reasonable steps to confirm that— (i) a representative sample for the seed has undergone an analysis that is substantially equivalent to an analysis mentioned in subsection (3) (a) (i) ; and (ii) the results of the analysis state the THC concentration of the representative sample is not more than 0.5%; and
(i) a representative sample for the seed has undergone an analysis that is substantially equivalent to an analysis mentioned in subsection (3) (a) (i) ; and
(ii) the results of the analysis state the THC concentration of the representative sample is not more than 0.5%; and
(b) labels the cannabis seed with the required particulars. Note— See section 27C for additional labelling requirements.
(i) a representative sample for the seed has undergone an analysis that is substantially equivalent to an analysis mentioned in subsection (3) (a) (i) ; and
(ii) the results of the analysis state the THC concentration of the representative sample is not more than 0.5%; and
(a) an inspector; or
(b) another person authorised by the chief executive for the purpose of this section.
pt.4-div.3
Carriers
Carriers
sec.12
Application of div 3
sec.12 Application of div 3
This division applies to a carrier only if the carrier is engaged or employed by any of the following to transport consigned cannabis—
a researcher;
a grower;
a DPI researcher;
an inspector;
a seed supplier.
s 12 ins 2002 SL No. 255 s 6
amd 2018 Act No. 5 s 137
(a) a researcher;
(b) a grower;
(c) a DPI researcher;
(d) an inspector;
(e) a seed supplier.
sec.13
Supply
sec.13 Supply
The carrier is authorised to transport consigned cannabis and give it to the person to whom it is consigned.
The authorisation—
is for the time necessary for the carrier to transport the consigned cannabis and give it to the person to whom it is consigned; and
has effect only while the carrier is acting in accordance with the terms of the carrier’s engagement or employment.
s 13 ins 2002 SL No. 255 s 6
(sec.13-ssec.1) The carrier is authorised to transport consigned cannabis and give it to the person to whom it is consigned.
(sec.13-ssec.2) The authorisation— is for the time necessary for the carrier to transport the consigned cannabis and give it to the person to whom it is consigned; and has effect only while the carrier is acting in accordance with the terms of the carrier’s engagement or employment.
(a) is for the time necessary for the carrier to transport the consigned cannabis and give it to the person to whom it is consigned; and
(b) has effect only while the carrier is acting in accordance with the terms of the carrier’s engagement or employment.
sec.14
Possession
sec.14 Possession
The carrier is authorised to possess consigned cannabis for the time necessary for the carrier to transport it to the person to whom it is consigned and give it to the person.
The authorisation has effect only while the carrier is acting in accordance with the terms of the carrier’s engagement or employment.
s 14 ins 2002 SL No. 255 s 6
(sec.14-ssec.1) The carrier is authorised to possess consigned cannabis for the time necessary for the carrier to transport it to the person to whom it is consigned and give it to the person.
(sec.14-ssec.2) The authorisation has effect only while the carrier is acting in accordance with the terms of the carrier’s engagement or employment.
pt.4-div.4
DPI researchers
DPI researchers
sec.15
Supply
sec.15 Supply
A DPI researcher is authorised—
to supply class A or class B research cannabis plants and seed to another DPI researcher or a researcher authorised to possess the cannabis plants and seed; and
to supply class A and class B research cannabis seed to a grower for use, under the DPI researcher’s supervision, as part of a field trial the DPI researcher is conducting on land owned or leased by the grower; and
to supply industrial cannabis seed to any of the following—
a grower;
a researcher;
another DPI researcher;
a seed handler;
the owner or operator of a facility where processed cannabis is, or is to be, used for manufacturing a manufactured product for sale by wholesale or retail; and
to supply class A or class B research cannabis seed or industrial cannabis seed to a person in another State who is authorised under the law of that State to possess cannabis seed that, if grown, will produce plants with a THC concentration in their leaves and flowering heads that the person in the other State may possess; and
to supply class A or class B research cannabis plants, industrial cannabis plants or processed cannabis to an analyst; and
to supply processed cannabis to the owner or operator of a facility where processed cannabis is used for manufacturing a manufactured product for sale by wholesale or retail.
s 15 ins 2002 SL No. 255 s 6
amd 2018 Act No. 5 s 138
(a) to supply class A or class B research cannabis plants and seed to another DPI researcher or a researcher authorised to possess the cannabis plants and seed; and
(b) to supply class A and class B research cannabis seed to a grower for use, under the DPI researcher’s supervision, as part of a field trial the DPI researcher is conducting on land owned or leased by the grower; and
(c) to supply industrial cannabis seed to any of the following— (i) a grower; (ii) a researcher; (iii) another DPI researcher; (iv) a seed handler; (v) the owner or operator of a facility where processed cannabis is, or is to be, used for manufacturing a manufactured product for sale by wholesale or retail; and
(i) a grower;
(ii) a researcher;
(iii) another DPI researcher;
(iv) a seed handler;
(v) the owner or operator of a facility where processed cannabis is, or is to be, used for manufacturing a manufactured product for sale by wholesale or retail; and
(d) to supply class A or class B research cannabis seed or industrial cannabis seed to a person in another State who is authorised under the law of that State to possess cannabis seed that, if grown, will produce plants with a THC concentration in their leaves and flowering heads that the person in the other State may possess; and
(e) to supply class A or class B research cannabis plants, industrial cannabis plants or processed cannabis to an analyst; and
(f) to supply processed cannabis to the owner or operator of a facility where processed cannabis is used for manufacturing a manufactured product for sale by wholesale or retail.
(i) a grower;
(ii) a researcher;
(iii) another DPI researcher;
(iv) a seed handler;
(v) the owner or operator of a facility where processed cannabis is, or is to be, used for manufacturing a manufactured product for sale by wholesale or retail; and
sec.16
Production
sec.16 Production
A DPI researcher is authorised to produce, for use in plant breeding programs for developing new commercial strains of industrial cannabis—
industrial cannabis plants and seed; and
class A and class B research cannabis plants and seed.
s 16 ins 1998 SL No. 348 s 4
sub 2002 SL No. 255 s 6
(a) industrial cannabis plants and seed; and
(b) class A and class B research cannabis plants and seed.
sec.17
Possession
sec.17 Possession
A DPI researcher is authorised to possess any of the following for a purpose mentioned in section 15 or 16 —
industrial cannabis plants and seed;
class A and class B research cannabis plants and seed;
processed cannabis.
s 17 ins 1998 SL No. 348 s 4
sub 2002 SL No. 255 s 6
(a) industrial cannabis plants and seed;
(b) class A and class B research cannabis plants and seed;
(c) processed cannabis.
pt.4-div.5
Inspectors
Inspectors
sec.18
Supply
sec.18 Supply
An inspector is authorised—
to supply industrial cannabis plants, class A or class B research cannabis plants or processed cannabis to an analyst to analyse the THC concentration in any of them; and
if the inspector is given industrial cannabis plants or seed or class A or class B research cannabis plants or seed for delivery to a particular person who is lawfully entitled to possess the plants or seed—to supply the plants or seed to the person.
s 18 ins 1998 SL No. 348 s 4
sub 2002 SL No. 255 s 6
(a) to supply industrial cannabis plants, class A or class B research cannabis plants or processed cannabis to an analyst to analyse the THC concentration in any of them; and
(b) if the inspector is given industrial cannabis plants or seed or class A or class B research cannabis plants or seed for delivery to a particular person who is lawfully entitled to possess the plants or seed—to supply the plants or seed to the person.
sec.19
Possession
sec.19 Possession
An inspector is authorised—
to possess industrial cannabis plants, class A or class B research cannabis plants or processed cannabis given to the inspector for delivery to an analyst to analyse the THC concentration in the plants or processed cannabis; and
to possess industrial cannabis plants or seed or class A or class B research cannabis plants or seed given to the inspector for delivery to a person lawfully entitled to possess the plants or seed.
s 19 ins 1998 SL No. 348 s 4
sub 2002 SL No. 255 s 6
(a) to possess industrial cannabis plants, class A or class B research cannabis plants or processed cannabis given to the inspector for delivery to an analyst to analyse the THC concentration in the plants or processed cannabis; and
(b) to possess industrial cannabis plants or seed or class A or class B research cannabis plants or seed given to the inspector for delivery to a person lawfully entitled to possess the plants or seed.
pt.4-div.6
Other persons
Other persons
sec.20
Manufacturer
sec.20 Manufacturer
The owner or operator of a facility where processed cannabis is used for manufacturing a manufactured product for sale by wholesale or retail is authorised to possess processed cannabis for using it for manufacturing a manufactured product.
s 20 prev s 20 ins 1998 SL No. 348 s 4
sub 2002 SL No. 255 s 6
om 2018 Act No. 5 s 139
pres s 20 (prev s 23) ins 1998 SL No. 348 s 4
sub 2002 SL No. 255 s 6
renum 2018 Act No. 5 s 149
sec.21
Analyst
sec.21 Analyst
An analyst is authorised to possess—
standard THC material to calibrate an analytical instrument used for analysing a substance to determine its THC concentration; and
if an authorised person engages or employs the analyst to analyse a substance to determine its THC concentration—the substance for the purpose of the analysis.
In this section—
authorised person means any of the following—
a researcher;
a grower;
a DPI researcher;
an inspector.
substance means a substance that an authorised person reasonably believes to be any of the following—
industrial cannabis plants;
class A or class B research cannabis plants;
processed cannabis.
s 21 prev s 21 ins 1998 SL No. 348 s 4
sub 2002 SL No. 255 s 6
om 2018 Act No. 5 s 139
pres s 21 (prev s 24) ins 1998 SL No. 348 s 4
sub 2002 SL No. 255 s 6
amd 2018 Act No. 5 s 141
renum 2018 Act No. 5 s 149
(sec.21-ssec.1) An analyst is authorised to possess— standard THC material to calibrate an analytical instrument used for analysing a substance to determine its THC concentration; and if an authorised person engages or employs the analyst to analyse a substance to determine its THC concentration—the substance for the purpose of the analysis.
(sec.21-ssec.2) In this section— authorised person means any of the following— a researcher; a grower; a DPI researcher; an inspector. substance means a substance that an authorised person reasonably believes to be any of the following— industrial cannabis plants; class A or class B research cannabis plants; processed cannabis.
(a) standard THC material to calibrate an analytical instrument used for analysing a substance to determine its THC concentration; and
(b) if an authorised person engages or employs the analyst to analyse a substance to determine its THC concentration—the substance for the purpose of the analysis.
(a) a researcher;
(b) a grower;
(c) a DPI researcher;
(d) an inspector.
(a) industrial cannabis plants;
(b) class A or class B research cannabis plants;
(c) processed cannabis.
sec.22
Family members
sec.22 Family members
A person who is a member of the immediate family of a licensee is authorised to produce, possess or supply a substance if—
the licensee is authorised to produce, possess or supply the substance under the Act ; and
the person’s production, possession or supply of the substance is necessary for, or incidental to the licensee’s production, possession or supply of the substance.
In this section—
substance means any of the following—
class A research cannabis plants;
class A research cannabis seed;
class B research cannabis plants;
class B research cannabis seed;
industrial cannabis plants;
industrial cannabis seed;
processed cannabis.
s 22 prev s 22 ins 1998 SL No. 348 s 4
sub 2002 SL No. 255 s 6
om 2018 Act No. 5 s 140
pres s 22 (prev s 25) ins 1998 SL No. 348 s 4
sub 2002 SL No. 255 s 6
renum 2018 Act No. 5 s 149
(sec.22-ssec.1) A person who is a member of the immediate family of a licensee is authorised to produce, possess or supply a substance if— the licensee is authorised to produce, possess or supply the substance under the Act ; and the person’s production, possession or supply of the substance is necessary for, or incidental to the licensee’s production, possession or supply of the substance.
(sec.22-ssec.2) In this section— substance means any of the following— class A research cannabis plants; class A research cannabis seed; class B research cannabis plants; class B research cannabis seed; industrial cannabis plants; industrial cannabis seed; processed cannabis.
(a) the licensee is authorised to produce, possess or supply the substance under the Act ; and
(b) the person’s production, possession or supply of the substance is necessary for, or incidental to the licensee’s production, possession or supply of the substance.
(a) class A research cannabis plants;
(b) class A research cannabis seed;
(c) class B research cannabis plants;
(d) class B research cannabis seed;
(e) industrial cannabis plants;
(f) industrial cannabis seed;
(g) processed cannabis.
sec.23
Employees of authorised persons
sec.23 Employees of authorised persons
An employee of an authorised person is authorised to produce, possess, supply or transport a substance if—
under the Act , the authorised person is authorised to produce, possess, supply or transport the substance; and
the employee’s production, possession, supply or transportation of the substance is necessary for, or incidental to, performing the employee’s employment or engagement.
In this section—
authorised person means any of the following—
a licensee;
a carrier;
a DPI researcher;
an inspector;
a manufacturer;
an analyst.
employee includes agent.
substance means any of the following—
class A research cannabis plant;
class A research cannabis seed;
class B research cannabis plant;
class B research cannabis seed;
industrial cannabis plant;
industrial cannabis seed;
processed cannabis.
s 23 (prev s 26) ins 1998 SL No. 348 s 4
sub 2002 SL No. 255 s 6
amd 2018 Act No. 5 s 142
renum 2018 Act No. 5 s 149
(sec.23-ssec.1) An employee of an authorised person is authorised to produce, possess, supply or transport a substance if— under the Act , the authorised person is authorised to produce, possess, supply or transport the substance; and the employee’s production, possession, supply or transportation of the substance is necessary for, or incidental to, performing the employee’s employment or engagement.
(sec.23-ssec.2) In this section— authorised person means any of the following— a licensee; a carrier; a DPI researcher; an inspector; a manufacturer; an analyst. employee includes agent. substance means any of the following— class A research cannabis plant; class A research cannabis seed; class B research cannabis plant; class B research cannabis seed; industrial cannabis plant; industrial cannabis seed; processed cannabis.
(a) under the Act , the authorised person is authorised to produce, possess, supply or transport the substance; and
(b) the employee’s production, possession, supply or transportation of the substance is necessary for, or incidental to, performing the employee’s employment or engagement.
(a) a licensee;
(b) a carrier;
(c) a DPI researcher;
(d) an inspector;
(e) a manufacturer;
(f) an analyst.
(a) class A research cannabis plant;
(b) class A research cannabis seed;
(c) class B research cannabis plant;
(d) class B research cannabis seed;
(e) industrial cannabis plant;
(f) industrial cannabis seed;
(g) processed cannabis.
pt.4-div.7
Record requirements
Record requirements
sec.24
Record requirements— Act , s 110E
sec.24 Record requirements— Act , s 110E
This division prescribes, for section 110E of the Act , record requirements for the holder of a relevant authority.
s 24 (prev s 26A) ins 2018 Act No. 5 s 132
renum 2018 Act No. 5 s 149
sec.25
Recording information—researchers and growers
sec.25 Recording information—researchers and growers
A licensee, who is a researcher or a grower, must make a written record of each of the following—
the strains or varieties of all cannabis seed in the licensee’s possession;
the strains or varieties of all cannabis plants the licensee is growing;
the source and quantity of all cannabis plants and seed supplied to the licensee;
if the licensee is the first licensee to take possession of planting seed after the seed enters the State—a report number, or other identifying information, for the report containing the results mentioned in section 11 (4) (a) (ii) ;
when and by whom cannabis plants or seed were delivered to the licensee;
if cannabis plants or seed is delivered to the licensee by a carrier—the name of the individual who actually delivered the plants or seed;
if the licensee supplies cannabis plants or seed to a carrier for delivery to a person—
the name of the individual to whom the plants or seed were given for delivery; and
the name of the person to whom it is intended the plants or seed be supplied by the licensee;
when cannabis seed is planted by the licensee;
if the licensee supplies cannabis plants or seed to another person (the recipient ) who is authorised to possess the cannabis plants or seed—
the name of the recipient; and
what the recipient intends to use the cannabis plants or seed for; and
for cannabis plants or seed that is not processed cannabis—particulars of how the cannabis plants or seed was grown, or otherwise obtained, by the licensee; and
the date on which the cannabis plants or seed was supplied to the recipient; and
the quantity of cannabis plants or seed supplied to the recipient;
if the licensee disposes of or destroys cannabis plants or seed—
the date the cannabis plants or seed is disposed of or destroyed; and
the method the licensee used to dispose of or destroy the cannabis plants or seed.
The licensee must make the record of the information as soon as practicable, but no later than 7 days, after the information becomes available to the licensee.
s 25 (prev s 26B) ins 2018 Act No. 5 s 132
amd 2018 Act No. 5 s 143
renum 2018 Act No. 5 s 149
(sec.25-ssec.1) A licensee, who is a researcher or a grower, must make a written record of each of the following— the strains or varieties of all cannabis seed in the licensee’s possession; the strains or varieties of all cannabis plants the licensee is growing; the source and quantity of all cannabis plants and seed supplied to the licensee; if the licensee is the first licensee to take possession of planting seed after the seed enters the State—a report number, or other identifying information, for the report containing the results mentioned in section 11 (4) (a) (ii) ; when and by whom cannabis plants or seed were delivered to the licensee; if cannabis plants or seed is delivered to the licensee by a carrier—the name of the individual who actually delivered the plants or seed; if the licensee supplies cannabis plants or seed to a carrier for delivery to a person— the name of the individual to whom the plants or seed were given for delivery; and the name of the person to whom it is intended the plants or seed be supplied by the licensee; when cannabis seed is planted by the licensee; if the licensee supplies cannabis plants or seed to another person (the recipient ) who is authorised to possess the cannabis plants or seed— the name of the recipient; and what the recipient intends to use the cannabis plants or seed for; and for cannabis plants or seed that is not processed cannabis—particulars of how the cannabis plants or seed was grown, or otherwise obtained, by the licensee; and the date on which the cannabis plants or seed was supplied to the recipient; and the quantity of cannabis plants or seed supplied to the recipient; if the licensee disposes of or destroys cannabis plants or seed— the date the cannabis plants or seed is disposed of or destroyed; and the method the licensee used to dispose of or destroy the cannabis plants or seed.
(sec.25-ssec.2) The licensee must make the record of the information as soon as practicable, but no later than 7 days, after the information becomes available to the licensee.
(a) the strains or varieties of all cannabis seed in the licensee’s possession;
(b) the strains or varieties of all cannabis plants the licensee is growing;
(c) the source and quantity of all cannabis plants and seed supplied to the licensee;
(d) if the licensee is the first licensee to take possession of planting seed after the seed enters the State—a report number, or other identifying information, for the report containing the results mentioned in section 11 (4) (a) (ii) ;
(e) when and by whom cannabis plants or seed were delivered to the licensee;
(f) if cannabis plants or seed is delivered to the licensee by a carrier—the name of the individual who actually delivered the plants or seed;
(g) if the licensee supplies cannabis plants or seed to a carrier for delivery to a person— (i) the name of the individual to whom the plants or seed were given for delivery; and (ii) the name of the person to whom it is intended the plants or seed be supplied by the licensee;
(i) the name of the individual to whom the plants or seed were given for delivery; and
(ii) the name of the person to whom it is intended the plants or seed be supplied by the licensee;
(h) when cannabis seed is planted by the licensee;
(i) if the licensee supplies cannabis plants or seed to another person (the recipient ) who is authorised to possess the cannabis plants or seed— (i) the name of the recipient; and (ii) what the recipient intends to use the cannabis plants or seed for; and (iii) for cannabis plants or seed that is not processed cannabis—particulars of how the cannabis plants or seed was grown, or otherwise obtained, by the licensee; and (iv) the date on which the cannabis plants or seed was supplied to the recipient; and (v) the quantity of cannabis plants or seed supplied to the recipient;
(i) the name of the recipient; and
(ii) what the recipient intends to use the cannabis plants or seed for; and
(iii) for cannabis plants or seed that is not processed cannabis—particulars of how the cannabis plants or seed was grown, or otherwise obtained, by the licensee; and
(iv) the date on which the cannabis plants or seed was supplied to the recipient; and
(v) the quantity of cannabis plants or seed supplied to the recipient;
(j) if the licensee disposes of or destroys cannabis plants or seed— (i) the date the cannabis plants or seed is disposed of or destroyed; and (ii) the method the licensee used to dispose of or destroy the cannabis plants or seed.
(i) the date the cannabis plants or seed is disposed of or destroyed; and
(ii) the method the licensee used to dispose of or destroy the cannabis plants or seed.
(i) the name of the individual to whom the plants or seed were given for delivery; and
(ii) the name of the person to whom it is intended the plants or seed be supplied by the licensee;
(i) the name of the recipient; and
(ii) what the recipient intends to use the cannabis plants or seed for; and
(iii) for cannabis plants or seed that is not processed cannabis—particulars of how the cannabis plants or seed was grown, or otherwise obtained, by the licensee; and
(iv) the date on which the cannabis plants or seed was supplied to the recipient; and
(v) the quantity of cannabis plants or seed supplied to the recipient;
(i) the date the cannabis plants or seed is disposed of or destroyed; and
(ii) the method the licensee used to dispose of or destroy the cannabis plants or seed.
sec.26
Recording information—seed handlers
sec.26 Recording information—seed handlers
A seed handler must make a written record of each of the following—
the source and quantity of all industrial cannabis seed supplied to the seed handler;
when and by whom industrial cannabis seed was delivered to the seed handler;
if industrial cannabis seed is delivered to the seed handler by a carrier—the name of the individual who actually delivered the seed;
if the seed handler is the first licensee to take possession of planting seed after the seed enters the State—a report number, or other identifying information, for the report containing the results mentioned in section 11 (4) (a) (ii) ;
if the industrial cannabis is denatured by the seed handler—how, when and by whom the industrial cannabis seed was denatured;
if the seed handler supplies industrial cannabis seed to a carrier for delivery to a person—
the name of the person to whom the seed was given for delivery; and
the name of the person to whom it is intended the seed be supplied by the seed handler;
the name of each person to whom the seed handler supplies industrial cannabis seed.
The seed handler must make the record of the information as soon as practicable, but no later than 7 days, after the information becomes available to the seed handler.
s 26 (prev s 26C) ins 2018 Act No. 5 s 132
amd 2018 Act No. 5 s 144
renum 2018 Act No. 5 s 149
(sec.26-ssec.1) A seed handler must make a written record of each of the following— the source and quantity of all industrial cannabis seed supplied to the seed handler; when and by whom industrial cannabis seed was delivered to the seed handler; if industrial cannabis seed is delivered to the seed handler by a carrier—the name of the individual who actually delivered the seed; if the seed handler is the first licensee to take possession of planting seed after the seed enters the State—a report number, or other identifying information, for the report containing the results mentioned in section 11 (4) (a) (ii) ; if the industrial cannabis is denatured by the seed handler—how, when and by whom the industrial cannabis seed was denatured; if the seed handler supplies industrial cannabis seed to a carrier for delivery to a person— the name of the person to whom the seed was given for delivery; and the name of the person to whom it is intended the seed be supplied by the seed handler; the name of each person to whom the seed handler supplies industrial cannabis seed.
(sec.26-ssec.2) The seed handler must make the record of the information as soon as practicable, but no later than 7 days, after the information becomes available to the seed handler.
(a) the source and quantity of all industrial cannabis seed supplied to the seed handler;
(b) when and by whom industrial cannabis seed was delivered to the seed handler;
(c) if industrial cannabis seed is delivered to the seed handler by a carrier—the name of the individual who actually delivered the seed;
(d) if the seed handler is the first licensee to take possession of planting seed after the seed enters the State—a report number, or other identifying information, for the report containing the results mentioned in section 11 (4) (a) (ii) ;
(e) if the industrial cannabis is denatured by the seed handler—how, when and by whom the industrial cannabis seed was denatured;
(f) if the seed handler supplies industrial cannabis seed to a carrier for delivery to a person— (i) the name of the person to whom the seed was given for delivery; and (ii) the name of the person to whom it is intended the seed be supplied by the seed handler;
(i) the name of the person to whom the seed was given for delivery; and
(ii) the name of the person to whom it is intended the seed be supplied by the seed handler;
(g) the name of each person to whom the seed handler supplies industrial cannabis seed.
(i) the name of the person to whom the seed was given for delivery; and
(ii) the name of the person to whom it is intended the seed be supplied by the seed handler;
sec.26D
Section sec.26D
s 26D ins 2018 Act No. 5 s 132
om 2018 Act No. 5 s 145
sec.27
Keeping record of information
sec.27 Keeping record of information
A holder of a relevant authority must keep the record of the information until the end of the first of the following periods—
if the authority ends—3 years after the authority ends;
if the holder stops being the holder of the authority—2 years after the holder stops being the holder of the authority.
The holder must keep the record in a form that is readily accessible, usable and able to be interpreted.
s 27 prev s 27 ins 1998 SL No. 348 s 4
sub 2002 SL No. 255 s 6
om 2018 Act No. 5 s 148
pres s 27 (prev s 26E) ins 2018 Act No. 5 s 132
renum 2018 Act No. 5 s 149
(sec.27-ssec.1) A holder of a relevant authority must keep the record of the information until the end of the first of the following periods— if the authority ends—3 years after the authority ends; if the holder stops being the holder of the authority—2 years after the holder stops being the holder of the authority.
(sec.27-ssec.2) The holder must keep the record in a form that is readily accessible, usable and able to be interpreted.
(a) if the authority ends—3 years after the authority ends;
(b) if the holder stops being the holder of the authority—2 years after the holder stops being the holder of the authority.
pt.4-div.7A
Notification requirements
Notification requirements
sec.27A
Notification requirements—researchers and growers
sec.27A Notification requirements—researchers and growers
This section prescribes, for section 110F of the Act , notification requirements for a licensee who is a researcher or a grower.
The licensee must give an inspector written notice—
of the planting of cannabis seed by the licensee; and
if cannabis plants planted by the licensee will not be harvested—of the following—
the plants will not be harvested;
how the licensee will dispose of or destroy the plants; and
in relation to a crop of industrial cannabis or class B research cannabis plants planted by the licensee—that the crop is ready to be tested for THC concentration.
The licensee must give a notice under this section to an inspector—
for a notice mentioned in subsection (2) (a) —within 14 days of the planting of the seed; or
for a notice mentioned in subsection (2) (b) —within 3 months of the planting of the cannabis plants; or
for a notice mentioned in subsection (2) (c) —at least 4 weeks before the licensee intends to harvest the crop.
s 27A (prev s 26F) ins 2018 Act No. 5 s 132
amd 2018 Act No. 5 s 146
renum 2018 Act No. 5 s 149
(sec.27A-ssec.1) This section prescribes, for section 110F of the Act , notification requirements for a licensee who is a researcher or a grower.
(sec.27A-ssec.2) The licensee must give an inspector written notice— of the planting of cannabis seed by the licensee; and if cannabis plants planted by the licensee will not be harvested—of the following— the plants will not be harvested; how the licensee will dispose of or destroy the plants; and in relation to a crop of industrial cannabis or class B research cannabis plants planted by the licensee—that the crop is ready to be tested for THC concentration.
(sec.27A-ssec.3) The licensee must give a notice under this section to an inspector— for a notice mentioned in subsection (2) (a) —within 14 days of the planting of the seed; or for a notice mentioned in subsection (2) (b) —within 3 months of the planting of the cannabis plants; or for a notice mentioned in subsection (2) (c) —at least 4 weeks before the licensee intends to harvest the crop.
(a) of the planting of cannabis seed by the licensee; and
(b) if cannabis plants planted by the licensee will not be harvested—of the following— (i) the plants will not be harvested; (ii) how the licensee will dispose of or destroy the plants; and
(i) the plants will not be harvested;
(ii) how the licensee will dispose of or destroy the plants; and
(c) in relation to a crop of industrial cannabis or class B research cannabis plants planted by the licensee—that the crop is ready to be tested for THC concentration.
(i) the plants will not be harvested;
(ii) how the licensee will dispose of or destroy the plants; and
(a) for a notice mentioned in subsection (2) (a) —within 14 days of the planting of the seed; or
(b) for a notice mentioned in subsection (2) (b) —within 3 months of the planting of the cannabis plants; or
(c) for a notice mentioned in subsection (2) (c) —at least 4 weeks before the licensee intends to harvest the crop.
pt.4-div.8
Other provisions
Other provisions
sec.27B
Prescribed information for research plans— Act , s 54
sec.27B Prescribed information for research plans— Act , s 54
This section prescribes, for section 54 (2) (d) of the Act , information that must be included in a research plan relating to an application for a researcher licence.
The research plan must—
describe the research and associated activities proposed to be carried out under the licence; and
describe the location of all places where the research and associated activities will be carried out; and
identify any risk of non-compliance with the Act that is associated with the research and associated activities; and
describe measures proposed to be implemented to manage all risks mentioned in paragraph (c) , including, for example—
how the following will be secured—
cannabis crops, cannabis seed and equipment associated with the research and associated activities;
information and records associated with the research and associated activities; and
what security screening protocols will be put in place for the employees, or other persons, dealing with cannabis crops, cannabis seed and equipment associated with the research and associated activities; and
how the researcher will restrict access, of employees or other persons, to cannabis crops, cannabis seed and equipment associated with the research and associated activities; and
how cannabis crops, cannabis seed and equipment associated with the research and associated activities will be safely and securely stored, handled or transported; and
contain any additional information stated in a guideline published by the chief executive under subsection (3) .
For subsection (2) (e) , the chief executive may publish, on the department’s website, a guideline stating additional information that the chief executive reasonably considers is relevant for the management of risks associated with research and associated activities carried out under a researcher licence.
s 27B ins 2018 Act No. 5 s 150
(sec.27B-ssec.1) This section prescribes, for section 54 (2) (d) of the Act , information that must be included in a research plan relating to an application for a researcher licence.
(sec.27B-ssec.2) The research plan must— describe the research and associated activities proposed to be carried out under the licence; and describe the location of all places where the research and associated activities will be carried out; and identify any risk of non-compliance with the Act that is associated with the research and associated activities; and describe measures proposed to be implemented to manage all risks mentioned in paragraph (c) , including, for example— how the following will be secured— cannabis crops, cannabis seed and equipment associated with the research and associated activities; information and records associated with the research and associated activities; and what security screening protocols will be put in place for the employees, or other persons, dealing with cannabis crops, cannabis seed and equipment associated with the research and associated activities; and how the researcher will restrict access, of employees or other persons, to cannabis crops, cannabis seed and equipment associated with the research and associated activities; and how cannabis crops, cannabis seed and equipment associated with the research and associated activities will be safely and securely stored, handled or transported; and contain any additional information stated in a guideline published by the chief executive under subsection (3) .
(sec.27B-ssec.3) For subsection (2) (e) , the chief executive may publish, on the department’s website, a guideline stating additional information that the chief executive reasonably considers is relevant for the management of risks associated with research and associated activities carried out under a researcher licence.
(a) describe the research and associated activities proposed to be carried out under the licence; and
(b) describe the location of all places where the research and associated activities will be carried out; and
(c) identify any risk of non-compliance with the Act that is associated with the research and associated activities; and
(d) describe measures proposed to be implemented to manage all risks mentioned in paragraph (c) , including, for example— (i) how the following will be secured— (A) cannabis crops, cannabis seed and equipment associated with the research and associated activities; (B) information and records associated with the research and associated activities; and (ii) what security screening protocols will be put in place for the employees, or other persons, dealing with cannabis crops, cannabis seed and equipment associated with the research and associated activities; and (iii) how the researcher will restrict access, of employees or other persons, to cannabis crops, cannabis seed and equipment associated with the research and associated activities; and (iv) how cannabis crops, cannabis seed and equipment associated with the research and associated activities will be safely and securely stored, handled or transported; and
(i) how the following will be secured— (A) cannabis crops, cannabis seed and equipment associated with the research and associated activities; (B) information and records associated with the research and associated activities; and
(A) cannabis crops, cannabis seed and equipment associated with the research and associated activities;
(B) information and records associated with the research and associated activities; and
(ii) what security screening protocols will be put in place for the employees, or other persons, dealing with cannabis crops, cannabis seed and equipment associated with the research and associated activities; and
(iii) how the researcher will restrict access, of employees or other persons, to cannabis crops, cannabis seed and equipment associated with the research and associated activities; and
(iv) how cannabis crops, cannabis seed and equipment associated with the research and associated activities will be safely and securely stored, handled or transported; and
(e) contain any additional information stated in a guideline published by the chief executive under subsection (3) .
(i) how the following will be secured— (A) cannabis crops, cannabis seed and equipment associated with the research and associated activities; (B) information and records associated with the research and associated activities; and
(A) cannabis crops, cannabis seed and equipment associated with the research and associated activities;
(B) information and records associated with the research and associated activities; and
(ii) what security screening protocols will be put in place for the employees, or other persons, dealing with cannabis crops, cannabis seed and equipment associated with the research and associated activities; and
(iii) how the researcher will restrict access, of employees or other persons, to cannabis crops, cannabis seed and equipment associated with the research and associated activities; and
(iv) how cannabis crops, cannabis seed and equipment associated with the research and associated activities will be safely and securely stored, handled or transported; and
(A) cannabis crops, cannabis seed and equipment associated with the research and associated activities;
(B) information and records associated with the research and associated activities; and
sec.27C
Labelling method
sec.27C Labelling method
This section applies if a provision of this part, or a condition of a licence, requires—
cannabis seed to be labelled so as to indicate particular information; or
particular information to otherwise be included on a container, however described, of cannabis seed.
The requirement is complied with only if the information is—
either—
written or stamped on—
the outside of the container in a position where the information can be clearly seen on the container; or
a label that is fixed to the outside of the container in a position where the label can be clearly seen on the container; or
if, because the seed is being supplied in bulk, subparagraph (i) cannot reasonably be complied with—included in a written notice given to a person to whom the seed is supplied before or when the seed is delivered to the person; and
written in English; and
written in characters that are at least 1.5mm high; and
written in characters that are either—
dark print on a light background; or
light print on dark background.
A notice under subsection (2) (a) (ii) may be fixed to, or form part of, a delivery docket or invoice given to the person to whom the seed is supplied.
s 27C ins 2018 Act No. 5 s 150
(sec.27C-ssec.1) This section applies if a provision of this part, or a condition of a licence, requires— cannabis seed to be labelled so as to indicate particular information; or particular information to otherwise be included on a container, however described, of cannabis seed.
(sec.27C-ssec.2) The requirement is complied with only if the information is— either— written or stamped on— the outside of the container in a position where the information can be clearly seen on the container; or a label that is fixed to the outside of the container in a position where the label can be clearly seen on the container; or if, because the seed is being supplied in bulk, subparagraph (i) cannot reasonably be complied with—included in a written notice given to a person to whom the seed is supplied before or when the seed is delivered to the person; and written in English; and written in characters that are at least 1.5mm high; and written in characters that are either— dark print on a light background; or light print on dark background.
(sec.27C-ssec.3) A notice under subsection (2) (a) (ii) may be fixed to, or form part of, a delivery docket or invoice given to the person to whom the seed is supplied.
(a) cannabis seed to be labelled so as to indicate particular information; or
(b) particular information to otherwise be included on a container, however described, of cannabis seed.
(a) either— (i) written or stamped on— (A) the outside of the container in a position where the information can be clearly seen on the container; or (B) a label that is fixed to the outside of the container in a position where the label can be clearly seen on the container; or (ii) if, because the seed is being supplied in bulk, subparagraph (i) cannot reasonably be complied with—included in a written notice given to a person to whom the seed is supplied before or when the seed is delivered to the person; and
(i) written or stamped on— (A) the outside of the container in a position where the information can be clearly seen on the container; or (B) a label that is fixed to the outside of the container in a position where the label can be clearly seen on the container; or
(A) the outside of the container in a position where the information can be clearly seen on the container; or
(B) a label that is fixed to the outside of the container in a position where the label can be clearly seen on the container; or
(ii) if, because the seed is being supplied in bulk, subparagraph (i) cannot reasonably be complied with—included in a written notice given to a person to whom the seed is supplied before or when the seed is delivered to the person; and
(b) written in English; and
(c) written in characters that are at least 1.5mm high; and
(d) written in characters that are either— (i) dark print on a light background; or (ii) light print on dark background.
(i) dark print on a light background; or
(ii) light print on dark background.
(i) written or stamped on— (A) the outside of the container in a position where the information can be clearly seen on the container; or (B) a label that is fixed to the outside of the container in a position where the label can be clearly seen on the container; or
(A) the outside of the container in a position where the information can be clearly seen on the container; or
(B) a label that is fixed to the outside of the container in a position where the label can be clearly seen on the container; or
(ii) if, because the seed is being supplied in bulk, subparagraph (i) cannot reasonably be complied with—included in a written notice given to a person to whom the seed is supplied before or when the seed is delivered to the person; and
(A) the outside of the container in a position where the information can be clearly seen on the container; or
(B) a label that is fixed to the outside of the container in a position where the label can be clearly seen on the container; or
(i) dark print on a light background; or
(ii) light print on dark background.
sec.28
Fees
sec.28 Fees
The fees payable under the Act are stated in section 28A and schedule 8E .
s 28 ins 1998 SL No. 348 s 4
sub 2002 SL No. 255 s 6
amd 2004 SL No. 231 s 14 ; 2005 SL No. 268 s 14 ; 2006 SL No. 267 s 14 ; 2007 SL No. 232 s 14 ; 2008 SL No. 314 s 14 ; 2009 SL No. 176 s 17 ; 2010 SL No. 268 s 7 ; 2011 SL No. 110 s 14 ; 2012 SL No. 92 s 21 ; 2013 SL No. 102 s 16 ; 2014 SL No. 113 s 16 ; 2015 SL No. 57 s 16 ; 2016 SL No. 99 s 14 ; 2017 SL No. 111 s 16 ; 2018 SL No. 98 s 16 ; 2019 SL No. 127 s 17
sub 2020 SL No. 152 s 15 ; 2021 SL No. 85 s 16 ; 2022 SL No. 6 s 3
sec.28A
Monitoring fees— Act , s 110G
sec.28A Monitoring fees— Act , s 110G
For section 110G (1) of the Act , the monitoring fee for the monitoring of activities performed under a relevant authority is provided for in this section and schedule 8E , item 8.
The fee stated in schedule 8E , item 8 may consist of, or include, an amount for part of an hour that is the equivalent of the relevant proportion of the hourly rate, stated in the schedule, worked out using 15-minute periods (wholly or partly completed).
In addition to the monitoring fee stated in schedule 8E , item 8, the holder of the relevant authority must pay—
the fee worked out under subsection (4) for an inspector monitoring the activities to travel between the inspector’s usual place of work and the place where the activities are monitored; and
if, for monitoring the activities, an inspector takes a sample of cannabis for analysis to determine the THC concentration of the sample—the reasonable cost of analysing the sample.
For subsection (3) (a) , the fee must be worked out at the rate stated in schedule 8E , item 8 for the time taken for the travel up to a maximum of 2 hours in a day.
s 28A ins 2022 SL No. 6 s 3
amd 2022 SL No. 52 s 16
(sec.28A-ssec.1) For section 110G (1) of the Act , the monitoring fee for the monitoring of activities performed under a relevant authority is provided for in this section and schedule 8E , item 8.
(sec.28A-ssec.2) The fee stated in schedule 8E , item 8 may consist of, or include, an amount for part of an hour that is the equivalent of the relevant proportion of the hourly rate, stated in the schedule, worked out using 15-minute periods (wholly or partly completed).
(sec.28A-ssec.3) In addition to the monitoring fee stated in schedule 8E , item 8, the holder of the relevant authority must pay— the fee worked out under subsection (4) for an inspector monitoring the activities to travel between the inspector’s usual place of work and the place where the activities are monitored; and if, for monitoring the activities, an inspector takes a sample of cannabis for analysis to determine the THC concentration of the sample—the reasonable cost of analysing the sample.
(sec.28A-ssec.4) For subsection (3) (a) , the fee must be worked out at the rate stated in schedule 8E , item 8 for the time taken for the travel up to a maximum of 2 hours in a day.
(a) the fee worked out under subsection (4) for an inspector monitoring the activities to travel between the inspector’s usual place of work and the place where the activities are monitored; and
(b) if, for monitoring the activities, an inspector takes a sample of cannabis for analysis to determine the THC concentration of the sample—the reasonable cost of analysing the sample.
sec.29
Licence conditions— Act , s 64
sec.29 Licence conditions— Act , s 64
The conditions in schedule 8 are prescribed for section 64 (3) of the Act .
Unless otherwise expressly stated, the conditions apply to all licensees.
s 29 ins 2001 SL No. 52 s 3
sub 2002 SL No. 255 s 6
(sec.29-ssec.1) The conditions in schedule 8 are prescribed for section 64 (3) of the Act .
(sec.29-ssec.2) Unless otherwise expressly stated, the conditions apply to all licensees.
pt.5
Transitional provisions
Transitional provisions
sec.30
Transitional provision for Drugs Misuse Amendment Regulation (No. 2) 2001
To remove doubt, it is declared that this regulation, as in force immediately before the commencement of the Drugs Misuse Amendment Regulation (No. 2) 2001 (the amending regulation ), continues to apply in relation to an offence against the Act committed before the commencement of the amending regulation.
Proceedings for an offence against the Act committed before the commencement of the amending regulation may be continued or started as if the amending regulation had not been made.
s 30 ins 2001 SL No. 174 s 3
(sec.30-ssec.1) To remove doubt, it is declared that this regulation, as in force immediately before the commencement of the Drugs Misuse Amendment Regulation (No. 2) 2001 (the amending regulation ), continues to apply in relation to an offence against the Act committed before the commencement of the amending regulation.
(sec.30-ssec.2) Proceedings for an offence against the Act committed before the commencement of the amending regulation may be continued or started as if the amending regulation had not been made.
sec.31
Transitional provision for Drugs Misuse Amendment Regulation (No. 2) 2002
To remove doubt, it is declared that this regulation, as in force immediately before the commencement of this section, continues to apply in relation to an offence against the Act committed before the commencement of this section.
Proceedings for an offence against the Act committed before the commencement of this section may be continued or started as if the Drugs Misuse Amendment Regulation (No. 2) 2002 had not been made.
s 31 ins 2002 SL No. 368 s 4
(sec.31-ssec.1) To remove doubt, it is declared that this regulation, as in force immediately before the commencement of this section, continues to apply in relation to an offence against the Act committed before the commencement of this section.
(sec.31-ssec.2) Proceedings for an offence against the Act committed before the commencement of this section may be continued or started as if the Drugs Misuse Amendment Regulation (No. 2) 2002 had not been made.
sch.1-pt.1
Non-steroid drugs
Non-steroid drugs
sch.1-pt.2
Steroid drugs
Steroid drugs
sch.3-pt.1
Quantities of non-steroid drugs
Quantities of non-steroid drugs
sch.3-pt.2
Quantities of steroid drugs
Quantities of steroid drugs
sch.4-pt.1
Quantities of non-steroid drugs
Quantities of non-steroid drugs
sch.4-pt.2
Quantities of steroid drugs
Quantities of steroid drugs
sch.8-pt.1
General conditions
General conditions
sch.8-pt.2
Particular conditions for researcher licences
Particular conditions for researcher licences
sch.8-pt.3
Particular conditions for grower licences
Particular conditions for grower licences
sch.8-pt.4
Particular conditions for seed handler licences
Particular conditions for seed handler licences
sch.8A-pt.1
Substances that include their salts, derivatives and stereo-isomers
Substances that include their salts, derivatives and stereo-isomers
(a) a salt, derivative or stereo-isomer of the substance; and
(b) a salt of a derivative or stereo-isomer of the substance.
sch.8A-pt.2
Substances that do not include their salts, derivatives and stereo-isomers
Substances that do not include their salts, derivatives and stereo-isomers
sch.8A-sec-oc.2
Section sch.8A-sec-oc.2
In this part, a reference to a substance does not include a reference to—
a salt, derivative or stereo-isomer of the substance; and
a salt of a derivative or stereo-isomer of the substance.
Substance
Alternative name
Gross weight
Acetic anhydride
0.1g
Calcium metal
0.1g
Hydriodic acid
Hydrogen iodide solution
0.1g
Hydrobromic acid
Hydrogen bromide solution
0.1g
Iodine
0.1g
Lithium metal
25g
Magnesium metal
0.1g
Mercury metal
0.1g
Phosphorous acid
Phosphonic Acid
0.1g
Phosphorus (red or white)
0.1g
Platinum metal
0.1g
Potassium metal
0.1g
Sodium metal
0.1g
(sch.8A-sec-oc.2-ssec.2) In this part, a reference to a substance does not include a reference to— a salt, derivative or stereo-isomer of the substance; and a salt of a derivative or stereo-isomer of the substance. Substance Alternative name Gross weight Acetic anhydride 0.1g Calcium metal 0.1g Hydriodic acid Hydrogen iodide solution 0.1g Hydrobromic acid Hydrogen bromide solution 0.1g Iodine 0.1g Lithium metal 25g Magnesium metal 0.1g Mercury metal 0.1g Phosphorous acid Phosphonic Acid 0.1g Phosphorus (red or white) 0.1g Platinum metal 0.1g Potassium metal 0.1g Sodium metal 0.1g
(a) a salt, derivative or stereo-isomer of the substance; and
(b) a salt of a derivative or stereo-isomer of the substance.
Source text: opening excerpt
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
pt.1 Preliminary
Preliminary
sec.1 Short title
sec.1 Short title
This regulation may be cited as the Drugs Misuse Regulation 1987 .
sec.2 Dictionary
sec.2 Dictionary
The dictionary in schedule 9 defines particular words used in this regulation.
s 2 prev s 2 amd 1996 SL No. 309 s 5 (1) ; om 8 November 1996 RA s 37
pres s 2 (prev s 4) sub 1998 SL No. 348 s 3 (2)
renum 2002 No. 255 s 3
s 2 def occupier’s notice reloc to sch 9 1998 SL No. 348 s 3 (1)
s 2 def record of proceedings reloc to sch 9 1998 SL No. 348 s 3 (1)
s 2 def search warrant reloc to sch 9 1998 SL No. 348 s 3 (1)
s 2 def supply ins 1996 SL No. 309 s 5 (3)
om 1998 SL No. 348 s 3 (2)
s 2 def the Act sub 1989 reg pubd gaz 6 May 1989 pp 230–1
om 1996 SL No. 309 s 5 (2)
pt.2 Syringes and dangerous drugs disposal procedures
Syringes and dangerous drugs disposal procedures
sec.3 Prescribed procedures for the disposal of hypodermic syringes and needles
sec.3 Prescribed procedures for the disposal of hypodermic syringes and needles
For the purposes of section 10 (4A) of the Act , the prescribed procedures for the disposal of a hypodermic syringe or needle are—
by placing the hypodermic syringe or needle in a rigid wall, puncture resistant container and that container is sealed or securely closed in such a manner that its contents are incapable of causing injury to any person; or
by giving the hypodermic syringe or needle to a person who is a medical practitioner, pharmacist or person or a member of a class of persons referred to as authorised in section 10 (3) of the Act .
s 3 ins reg pubd gaz 6 May 1989 pp 230–1
renum 2002 SL No. 255 s 5 (2)
amd 2009 SL No. 99 s 3
(a) by placing the hypodermic syringe or needle in a rigid wall, puncture resistant container and that container is sealed or securely closed in such a manner that its contents are incapable of causing injury to any person; or
(b) by giving the hypodermic syringe or needle to a person who is a medical practitioner, pharmacist or person or a member of a class of persons referred to as authorised in section 10 (3) of the Act .
sec.4 Prescribed procedure for disposal of dangerous drugs
sec.4 Prescribed procedure for disposal of dangerous drugs
For the purposes of section 125 of the Act , the prescribed procedure for the disposal of a thing is—
in the case where the thing is a trace amount of a dangerous drug contained in a hypodermic syringe or needle, by disposing of the hypodermic syringe or needle in accordance with the procedures prescribed in section 3 ; or
in any other case, at the first reasonable opportunity, by giving—
such thing; and
where such thing is contained in a hypodermic syringe or needle, such syringe or needle;
to an inspector under the Medicines and Poisons Act 2019 .
s 4 (prev s 10) ins reg pubd gaz 6 May 1989 pp 230–1
renum 2002 SL No. 255 s 5 (2)
amd 2006 SL No. 71 s 4 ; 2008 Act No. 4 s 34 ; 2009 SL No. 99 s 4 ; amd 2021 SL No. 141 s 93 sch 8
Mechanically, the regulation assigns who decides (chief executive may publish guidelines, inspectors and authorised persons perform testing and monitoring), who pays (holders of relevant authorities pay monitoring fees, and may pay travel and analysis costs in addition to schedule fees, s 28A), and what behaviour changes are required (detailed labelling, prompt written records and notifications, restricted supply channels, and permitted incidental activities for family members and employees). Transitional clauses preserve prior regulation for offences committed before specified amendments (ss 30-31). Schedules list licence conditions and quantitative thresholds for controlled precursors and related substances (schs 8, 8A, 8E).
All obligations, timeframes and fee mechanics in this note are drawn from the regulation text: see s 3-9 for syringes and controlled substance supply rules, pt 4 (ss 10-29 and schs) for industrial cannabis provisions, s 28A and sch 8E for fees, and ss 30-31 for transitional matters.
Main concepts
The regulation translates higher-level prohibitions and powers in the Act into operational requirements. The main concepts are:
Prescribed disposal procedures: For hypodermic syringes and needles, the regulation prescribes two compliant disposal methods, either using a rigid, puncture-resistant sealed container or handing the syringe/needle to a medical practitioner, pharmacist or authorised person (s 3). For trace amounts of dangerous drugs the regulation prescribes disposal procedures in line with s 125 of the Act, including handing the thing (and syringe/needle where appropriate) to an inspector under the Medicines and Poisons Act 2019 (s 4).
Relevant transaction and supplier duties: A supply in or in connection with a person’s business is a relevant transaction (s 5). Suppliers must obtain an end user declaration containing specified particulars (name, address, identity document details, order number, substance, serial number for 'things', supply date and purpose), require photo ID from individual recipients (s 6(2)-(3)), make an invoice immediately upon supply with required fields (s 6(4)), and record specified transaction fields in a register within seven days (s 7). A copy of the end user declaration must be given to the commissioner of police as soon as practicable (s 6A).
Recordkeeping and retention: Suppliers must keep registers, invoices and other documents at their principal Queensland place of relevant transactions and retain them for two years from the day of supply (s 9). For holders of relevant authorities in the cannabis regime, more extensive records are required (ss 24-27), with retention either three years after the authority ends or two years after the holder ceases to hold it (s 27).
Industrial cannabis authorisations and controls: Pt 4 provides narrowly defined statutory authorisations for specific actors (carriers, DPI researchers, inspectors, analysts, manufacturers, family members, employees) to produce, possess, supply or transport specified cannabis material, and prescribes conditions and labelling and testing arrangements (ss 10-29, s 27C). Section 11 prescribes when seed is taken to originate from a 0.5% THC plant, requiring representative sample analysis arranged by an authorised person or carried out in a NATA accredited laboratory, and labelling as required.
Monitoring fees and fee mechanics: For monitoring activities conducted under a relevant authority the regulation prescribes a monitoring fee (s 28A referencing schedule 8E, item 8). The fee may be pro-rated in 15-minute increments, and additional amounts must be paid for inspector travel (up to 2 hours per day at the stated rate) and, where relevant, the reasonable cost of THC analysis of samples taken (s 28A).
Labelling and presentation standards: Where the law or licence condition requires cannabis seed to be labelled with particular information, the regulation prescribes method and presentation: written/stamped on the outside of the container or on a fixed label, or, for bulk supply, included in a written notice provided before or when delivered; information must be in English, characters at least 1.5 mm high, and in dark-on-light or light-on-dark contrast (s 27C).
Scope rules for substances and quantities: Schedule 8A sets out numerous listed substances and gross weight thresholds and specifies, in part 1, that references include salts, derivatives and stereo-isomers; part 2 identifies substances where the reference does not include salts, derivatives and stereo-isomers (sch 8A). These schedules are central for determining whether possession or supply of precursor chemicals or related substances triggers regulatory obligations.
Across these concepts the regulation operationalises who may lawfully handle specified controlled or cannabis-related materials, what documentary and labelling evidence is required, how monitoring and analytical costs are to be recovered, and precise timelines for notifications and record entries.
Who it affects
The regulation affects a defined set of actors and imposes duties on them, with differing scope depending on activity:
Suppliers and businesses that supply controlled substances or controlled things: Any person supplying a controlled substance or thing in or in connection with their business is treated as engaging in a relevant transaction and therefore must comply with the end user declaration, identity checks, invoicing and register obligations (s 5, s 6, s 7). This will include pharmacies, chemical suppliers, laboratories and businesses dealing in listed substances identified in sch 8A.
Individuals who receive controlled substances or things: Individual recipients must produce an official photograph-bearing identity document on request from the supplier before supply (s 6(3)). If they are receiving product on behalf of someone else, the end user declaration must state the other person’s details (s 6(2)(a)).
Licensees under the Act involved in research, growing, seed handling and commercial industrial cannabis: Researchers, growers, seed handlers and related licence-holders have extensive record, notification and labelling duties under pt 4 (ss 10-29). A licensee who is a researcher or grower must make detailed written records about strains, sources, deliveries, planting, supply and disposal (s 25). Seed handlers have analogous source, delivery and denaturing records obligations (s 26). Licensees must also comply with licence conditions prescribed in schedule 8 (s 29).
Carriers: Transporters are authorised only in narrow circumstances, specifically only where engaged or employed by a researcher, grower, DPI researcher, inspector or seed supplier to transport consigned cannabis, and the authorisation only applies for the time necessary to transport and deliver while acting under the terms of engagement (ss 12-14). Carriers must therefore ensure a legal engagement chain before handling consigned cannabis.
DPI researchers, inspectors, analysts and manufacturers: The regulation gives these named categories express statutory authority to produce, supply, possess or analyse specific classes of cannabis material (ss 15-21). For example, DPI researchers may produce industrial and research cannabis for plant breeding (s 16); analysts may possess standard THC material and samples for analysis when engaged by an authorised person (s 21); inspectors can supply or possess material for delivery or analysis (ss 18-19); and the owner/operator of a manufacturing facility can possess processed cannabis for manufacturing products for sale (s 20).
Family members and employees of authorised persons: Immediate family members of a licensee may produce, possess or supply cannabis material where necessary or incidental to the licensee’s activities (s 22). Employees, including agents, are authorised to perform necessary or incidental production, possession, supply or transport when required by their employment and when the authorised person is so authorised under the Act (s 23).
Holders of relevant authorities (licensees) must also pay fees: Holders of relevant authorities are liable for monitoring fees in schedule 8E and additional travel and analysis costs per s 28A.
Police and the chief executive: The commissioner of police is a designated recipient of end user declarations (s 6A). The chief executive has delegated powers to authorise persons for certain functions, and may publish guidelines that specify additional information required in research plans (s 27B(3)).
The obligations fall unevenly: suppliers and licensees bear detailed documentation, labelling and retention duties; holders of relevant authorities bear monitoring fee liabilities; carriers and employees have limited authorisations that depend on the engagement relationship. The regulation creates compliance responsibilities for recordkeeping, identity checking, notification and labelling that intersect private business operations, supply chains and laboratory procedures.
Key duties and rights
This section lists principal duties imposed on regulated actors, and the limited rights or authorisations the regulation grants.
Duties on suppliers of controlled substances / things:
Obtain an end user declaration from the recipient before supply containing specific fields: recipient’s name and address, third-party details where relevant, details of identity document used, order date and number, name and quantity of substance or thing, serial number or unique identifier for 'things' where supplied, date of intended supply, and purpose (s 6(2)).
Require individual recipients to produce a photograph-bearing official ID such as a passport or driver licence before supply (s 6(3)).
Immediately upon supply, make an invoice showing recipient name and address, recipient order number, supply date, and name and quantity supplied; failure to comply with subsection (4) carries a maximum penalty of 20 penalty units (s 6(4)).
Give a copy of the end user declaration to the commissioner of the police service as soon as practicable after obtaining it (s 6A).
Record specified transaction details in a register as soon as practicable but no later than seven days after supply (s 7). Required fields include recipient details, order/invoice numbers, company ACN (where applicable), or identity document type, issuer and serial number for individuals, name and quantity of substance, date, and purpose (s 7(1)).
Record details of reported loss or theft to police in the register, including day/place of report, officer name and registered number, and name and quantity of substance or thing lost or stolen (s 8).
Recordkeeping and retention duties:
Keep the register, invoices and other documents at the principal or only Queensland place where relevant transactions are undertaken, and retain for two years from the day of supply (s 9). For holders of relevant authorities under the cannabis regime, records required under ss 25-26 must be kept until the first of: three years after the authority ends, or two years after the holder stops being holder, and in a form that is readily accessible, usable and able to be interpreted (s 27).
Notification duties for researchers and growers:
Give written notice to an inspector of planting within 14 days of planting seed; if plants will not be harvested, give notice within 3 months describing disposal or destruction; and for crops ready for THC testing, give notice at least four weeks before intended harvest (s 27A).
Record creation duties for licensees:
Researchers and growers must record strains/varieties, sources and quantities of seed and plants, delivery details including the individual who delivered if by carrier, planting dates, recipient details and intended use, quantities supplied and disposal/destruction particulars, and make these records as soon as practicable but no later than seven days after information becomes available (s 25).
Seed handlers must record source/quantity, delivery details, denaturing particulars where applicable, carrier delivery details, and names of each person supplied (s 26).
Labelling and presentation duties:
Where seed labelling is required, the information must be written or stamped on the outside of the container or on a fixed label, or included in a written notice if bulk supply prevents this, and must be in English, in characters at least 1.5 mm high, with suitable contrast (s 27C).
Monitoring fees and payment duties:
Holders of relevant authorities must pay the monitoring fee in schedule 8E, item 8; the fee may be pro-rated in 15-minute units; add travel costs for inspectors between their usual workplace and monitored location (calculated at the same rate up to a 2-hour daily maximum); and pay reasonable analysis costs for THC testing of samples taken during monitoring (s 28A).
Authorisations and rights:
Carriers engaged or employed by specified persons are authorised to transport consigned cannabis and deliver it to the consigned recipient for the time necessary and only while acting under terms of engagement (ss 12-14).
DPI researchers are authorised to produce, possess and supply various classes of research and industrial cannabis for plant breeding, field trials under supervision, interstate authorised transfers and analytical purposes (ss 15-17).
Inspectors and analysts are authorised to possess and supply material for analysis and delivery purposes (ss 18-19, s 21).
Manufacturers owning or operating facilities where processed cannabis is used in manufacturing are authorised to possess processed cannabis for use in manufacturing (s 20).
Immediate family members and employees (including agents) of authorised persons are authorised to produce, possess, supply or transport substances where necessary or incidental to the authorised person’s activity (ss 22-23).
Discretion and delegated powers:
An "authorised person" for the purposes of seed analysis includes an inspector or another person authorised by the chief executive in writing (s 11(5)), and the chief executive may publish guidelines for additional research plan information (s 27B(3)). Those delegated powers create a channel for administrative discretion in approving analytical arrangements and specifying additional documentary requirements.
These duties impose operational steps on commercial suppliers and licence-holders, and provide limited statutory rights to specified actors for narrow activities tied to licenced purposes. Time-sensitive obligations and explicit fee liabilities create quantifiable compliance tasks that must be scheduled into business processes.
Penalties and enforcement
The regulation itself contains limited express penalty figures, but it sits within the Act’s enforcement architecture. The text specifies at least one express penalty and several mechanisms that enable enforcement and cost recovery:
Express monetary penalty:
Failure to prepare the invoice immediately upon supply, as required by s 6(4), carries a maximum penalty of 20 penalty units (s 6(4)). The regulation does not convert penalty units into dollar values; the applicable dollar value depends on the statutory definition of a penalty unit at the relevant time, which is not set out in this regulation.
Enforcement enablers and inspection powers:
The regulation frequently refers to "inspectors" and "authorised persons" who are statutorily permitted to possess material for testing or delivery (e.g., ss 11(2), 18-19). That structure signals that inspection, analysis and monitoring are part of the enforcement regime. Inspectors can arrange THC analysis of representative samples or authorise others to do so; the regulation prescribes that if an inspector takes a sample during monitoring, the licensee must pay the reasonable cost of analysis (s 28A(3)(b)), which permits cost recovery through monitoring fees and sample charges.
Monitoring fees as an enforcement-related cost:
Section 28A makes monitoring a chargeable service for holders of relevant authorities, with the fee found in schedule 8E item 8 and the ability for that fee to be calculated in 15-minute increments. The holder must also pay for inspector travel between the inspector’s usual place of work and the monitored place, up to a 2-hour daily cap at the same schedule rate, and reasonable laboratory analysis costs for THC testing (s 28A(1)-(4)). Those provisions convert enforcement monitoring into a transactional cost for licensees.
Record and reporting obligations that facilitate enforcement:
The duty to obtain end user declarations, to give a copy to the police commissioner, and to record transaction details and loss/theft reports in the register (ss 6, 6A, 7, 8) creates enforcement traceability. The seven-day rule for registers (s 7(2)) and two-year storage requirement at the principal Queensland location (s 9) provide a time-limited evidentiary trail. For holders of relevant authorities, retention periods are longer (s 27).
Administrative oversight and conditionality:
Licence conditions are prescribed in schedule 8 and are stated to apply to all licensees unless otherwise expressed (s 29). Failure to comply with licence conditions will generally expose a licensee to administrative action under the Act, although specific enforcement penalties for condition breaches are not listed in the regulation text itself. The chief executive’s power to publish guidelines under s 27B(3) introduces policy specifications that may influence compliance expectations; non-conformance with guidelines can be relevant to licence decisions or enforcement under the Act.
Transitional enforcement scope:
Transitional provisions (ss 30-31) preserve the applicability of earlier versions of the regulation for offences committed before certain amendments, ensuring continuity of enforcement for past conduct.
What the regulation does not quantify:
Aside from the 20 penalty unit maximum for failing to make the required invoice, the regulation does not list additional specific penalty amounts in the text provided. Enforcement mechanisms, penalty scales for other breaches, and the procedural steps for administrative sanctions remain matters provided for in the Act itself rather than in the regulation text.
In practice the regulation creates multiple compliance obligations that, if breached, will expose suppliers and licensees to the enforcement reach of inspectors, fee recovery, police noticeability via end user declaration disclosure, and the Act’s sanctioning powers. The regulation converts administrative and monitoring activity into explicit, payable obligations (s 28A), and provides documentary and chain-of-custody requirements that support enforcement actions.
How it interacts with other laws
The regulation is an operational instrument that references and implements provisions in the Act and intersects with other statutory instruments and administrative regimes:
Dependence on the Act:
Many provisions are expressly framed as prescribed requirements "for the purposes of" particular sections of the Act. For example, the syringe disposal procedures are prescribed "for the purposes of section 10(4A) of the Act" (s 3), the prescribed procedure for disposal of dangerous drugs is for "the purposes of section 125 of the Act" (s 4), end user declaration duties are prescribed for "Act, s 43D(1)(a)" (s 6), record requirements for holders of a relevant authority are prescribed for "Act, s 110E" (s 24), monitoring fees are prescribed for "Act, s 110G" (s 28A), and licence conditions are prescribed for "Act, s 64" (s 29). That structure indicates the regulation cannot be read in isolation; it operationalises statutory mandates in the Act and relies on the Act for enforcement and licensing frameworks.
Interaction with Medicines and Poisons Act 2019:
For disposal of dangerous drugs where the thing is not limited to a syringe trace, the regulation requires giving the thing (and the syringe where applicable) to an inspector under the Medicines and Poisons Act 2019 (s 4(2)(b)). That clause creates an explicit cross-reference and operational linkage with the Medicines and Poisons Act 2019 inspectors and their powers.
Interplay with administrative delegation and guidelines:
The regulation allows the chief executive to authorise persons in writing to carry out certain activities (s 11(3)) and to publish guidelines relating to additional information required in research plans (s 27B(3)). Those cross-reference the administrative law notion of delegations, and allow department-level guidance to affect compliance obligations, which in turn can interact with general administrative law principles governing delegations and decision-making.
Connection with identifiable identification regimes:
The supplier identity verification requirement (s 6(3)) presumes existing identity documents (e.g., passport, driver licence) and therefore interacts functionally with federal and state identity documentation systems, although no statutory cross-reference to those regimes is made in the text.
Fees and financial interaction:
The monitoring fee and cost recovery provisions (s 28A and sch 8E) interact with financial administration rules governing the collection of regulatory fees and may implicate Treasury or departmental fee-setting processes consistent with the Act and financial administration law. The regulation does not itself set non-monitoring fees but references schedule 8E and item 8 for amounts.
Schedule 8A and chemical precursor frameworks:
Schedule 8A lists controlled precursor substances and gross weight thresholds. Those lists will interact with other statutory regimes concerning hazardous substances, environmental laws, workplace health and safety obligations and customs/import controls, because possession and movement of listed chemical precursors can have implications beyond the Act’s remit.
Transitional continuity:
Transitional provisions (ss 30-31) ensure earlier regulatory forms continue to apply to offences committed before later amendments, which interacts with the general legal principle against retrospective change in criminal/regulatory liability and preserves administrative continuity.
Limits of interaction within the document:
The regulation does not itself create police powers beyond requiring production of end user declarations to the police commissioner (s 6A). It does not set out the full enforcement or criminal sanctioning machinery, which remains in the Act. Nor does it convert penalty units to monetary amounts; that conversion comes from a separate statutory determination of a penalty unit.
In sum, the regulation implements the Act, directs certain inter-agency interactions (notably Medicines and Poisons Act inspectors and police receipt of information), delegates some specification powers to the chief executive and interfaces practically with identity document systems, fee-setting practices and potentially with other regulatory frameworks that govern listed chemical substances.
Amendment history
The regulation text itself carries line notes indicating a sequence of insertions, amendments, renumberings and omissions across several years. The instrument has been modified multiple times to expand, clarify and tie into later Acts. The annotation in the text identifies representative amendment points; key entries include:
Original insertions and early amendments: Several sections were "ins" or "sub" and published in the Government Gazette on 6 May 1989, indicating an early foundational regulatory text for syringes and other initial provisions (see s 3 history "ins reg pubd gaz 6 May 1989"). Sections were renumbered and adjusted in later instruments.
1990s and early 2000s changes: Sections such as s 2 (dictionary) were amended and renumbered across 1996 SL No. 309, 1998 SL No. 348, and renumbered in 2002 SL No. 255 (s 2 notes). Section 5 shows an amendment in 1996 and an omission noted in 2002 (s 5 prev s 5 amd 1996 SL No. 309; om 2002 SL No. 255).
2000s: The Act and regulation were repeatedly adjusted, with sections 3 and 4 amended in 2006, 2008, 2009, and further renumberings reflected in the early textual annotations (s 3 amd 2009 SL No. 99; s 4 amd 2006 SL No. 71, 2008 Act No. 4 s 34, 2009 SL No. 99 s 4).
2018 suite of amendments for industrial cannabis regime: Significant insertions and reworkings occurred in 2018 under the "2018 Act No. 5" instrument, reflecting the addition of pt 4 (Commercial production of industrial cannabis) and the new record and notification requirements for researchers and growers, seed handlers, and related new provisions (see s 10 ins 2002, sub 2018 Act No. 5 s 136; s 25 ins 2018 Act No. 5 s 132; s 26 ins 2018 Act No. 5 s 132; s 27 amends and renum 2018 Act No. 5 s 148). Section 27B, 27C and other new provisions were inserted by the 2018 instrument (s 27B ins 2018 Act No. 5 s 150; s 27C ins 2018 Act No. 5 s 150).
2020s and more recent amendments: The fees provisions have later amendments up to 2022 (s 28 and s 28A note amendments through 2022 SL No. 6 s 3 and s 28A ins 2022 SL No. 6 s 3; s 28A amended 2022 SL No. 52 s 16). Other amendments recorded include 2021 SL No. 141 s 93 sch 8 (amendment recorded in s 4).
Transitional instrument insertions: Transitional provisions for prior amendment regulations were added as s 30 (Drugs Misuse Amendment Regulation (No. 2) 2001; s 30 ins 2001 SL No. 174 s 3) and s 31 (No. 2 2002; s 31 ins 2002 SL No. 368 s 4).
Schedule updates and fee schedules: s 28 references schedule 8E, and the textual note shows a history of yearly schedule updates across the 2000s and 2010s (s 28 amendments listed for 2004-2022 instruments).
These line notes in the regulation provide a register of formal changes, identifying the instrument number and year for each insertion or amendment recorded adjacent to the relevant section. They indicate an iterative tightening and expansion of the regulatory framework, most notably the 2018 comprehensive additions establishing the industrial cannabis controls and associated record and notification provisions (pt 4 additions, ss 24-29, schs 7-8 references). For exact historic text and the legislative instruments themselves, one must consult the Gazette entries or the consolidated legislative history available from the relevant parliamentary counsel office; the regulation text’s marginal notes provide the identifiers necessary to locate each amending instrument.
Litigation history
The regulation text contains no citations to judicial decisions, and it does not name any cases. There are no reported judgments or litigation outcomes recorded within the instrument itself. The text therefore provides no internal litigation history or case law interpretation.
Practitioners should note that statutory instruments commonly acquire interpretive guidance through case law and administrative decisions, but any such external litigation history will not be contained in the regulation text. To understand how courts or tribunals have interpreted particular phrases (for example, "in connection with the person's business," "reasonable steps" in s 11(4), or the sufficiency of an end user declaration), a separate case-law search against the Act and the regulation is required. This regulation does not supply that search or any case references; it provides the prescriptive standards and operational details that courts may later construe.
If litigation risk, evidential standards or prosecutorial practice matters to a client, counsel should obtain relevant cases interpreting the Act and these regulation provisions from legal databases, and check for any administrative decisions applying the monitoring fee provisions (s 28A) or the labelling and recordkeeping requirements (ss 25-27C). The absence of cases in the text is not an absence of potential litigation; it simply reflects the fact that the instrument does not embed case law.
Gotchas
This regulation contains several specific, detail-heavy requirements where non-compliance is easy and documentary form matters. The following are definite operational pitfalls grounded in the regulatory text:
End user declaration content and timing, and mandatory copy to police:
Suppliers must obtain an end user declaration containing a specific, enumerated list of fields before supply (s 6(2)). The supplier must then, "as soon as practicable", provide a copy of that declaration to the commissioner of police (s 6A). Failing to collect or forward that declaration disrupts both the supplier’s compliance with the regulation and the police reporting chain. The regulation does not define "as soon practicable", leaving timing uncertainty that could be material in enforcement contexts.
"Immediately" for invoicing with a specific penalty exposure:
The supplier must make an invoice "immediately" upon supplying the substance or thing, and s 6(4) carries a maximum penalty of 20 penalty units for that subsection. The word "immediately" creates a strict timing obligation distinct from the seven-day register timeframe; it obliges the supplier to create the invoice at the point of supply.
Seven-day register deadline vs invoice immediacy:
Register entries must occur "as soon as practicable, but in no case later than 7 days" after supply (s 7(2)). That seven-day window applies to detailed recording in the register, but does not relieve the supplier of the immediate invoicing obligation (s 6(4)). Businesses that operate centralised register systems must ensure invoices are created immediately and registers updated within seven days.
Location and retention of transactional documents:
The register, invoices and other documents must be kept at the principal Queensland location where the person engages in relevant transactions and retained for two years from the day of supply (s 9). For multi-jurisdictional businesses, this may require consolidation or clear local custody arrangements.
Seed certification and cross-jurisdictional evidence:
For seed originating in another State or country, the recipient licensee must take "reasonable steps" to confirm that a representative sample has undergone an analysis substantially equivalent to the authorised analysis and that results show THC ≤ 0.5%, and must label the seed with required particulars (s 11(4)). The regulation does not define "reasonable steps" or "substantially equivalent", producing compliance uncertainty for interstate or international seed suppliers, and placing due-diligence burdens on recipients.
Labelling technicalities:
Where labelling is required, the information must be written/stamped on the container or on a fixed label, or provided in a written notice if bulk supply prevent labelling, and must be in English, characters at least 1.5 mm high, and in contrasting print (s 27C). Small seed packets, bulk deliveries, or overseas language labelling arrangements can easily fall foul of these precise presentation rules.
Monitoring fees and ancillary costs:
The monitoring fee can be pro-rated in 15-minute increments (s 28A(2)), and licensees must also pay inspector travel fees up to a 2-hour daily cap and the reasonable cost of THC analysis for samples taken during monitoring (s 28A(3)-(4)). Licensees should budget for monitoring overheads beyond a headline fee figure, and monitoring events that require sample analysis will attract additional costs.
Carrier authorisation is conditional:
Carriers are authorised only when engaged or employed by specified categories (researcher, grower, DPI researcher, inspector, seed supplier), and only while acting under their engagement terms and for the time necessary to transport and deliver the consigned cannabis (ss 12-14). Carriers operating under third-party or broker arrangements must verify the engagement chain to ensure the statutory authorisation applies.
Inclusion vs exclusion of salts/derivatives:
sch 8A part 1 states that references to a substance include salts, derivatives and stereo-isomers, while part 2 lists substances where references do not include such forms. For example, many listed precursors are captured with salts/derivatives in part 1, but certain metals and acids in part 2 are explicitly not extended to salts/derivatives. Misreading which list applies can materially change whether an item falls within regulatory thresholds.
Record accessibility standard:
Holders of relevant authorities must keep records "in a form that is readily accessible, usable and able to be interpreted" (s 27). This is not limited to paper or digital media; it imposes a practical standard for retrieval and intelligibility that may require indexing, compatibility checks and metadata practices for electronic storage.
Each of these points arises directly from specific clauses of the regulation. They represent precise documentary, timing, labelling or due-diligence requirements that are operationally prescriptive; non-compliance risks administrative action, fee exposure and (where the Act provides) criminal or civil sanctions.
How to comply
This is a practical compliance checklist, tied to the regulation’s cited provisions. It is not legal advice, but sets out concrete steps to align operations with the regulation’s prescriptive duties.
Supply of controlled substances or controlled things (s 5, s 6, s 7, s 9):
Before supply, obtain a completed end user declaration from the recipient containing the prescribed fields: recipient name/address, third-party details if relevant, identity document details produced, order date and number, name and quantity of substance/thing to be supplied, serial number/unique identifier if a thing, date of supply, and purpose (s 6(2)).
For individual recipients, require and verify a photo-bearing official ID (passport or driver licence are given as examples) before supply, and note the ID type, issuer and serial number in the register (s 6(3), s 7(1)(d)).
Issue an invoice immediately upon supply showing recipient name/address, recipient order number, date supplied, and name/quantity supplied. Note the statutory maximum penalty related to the invoice subsection (20 penalty units) and ensure invoicing software/processes can produce this in real time (s 6(4)).
Record transaction particulars in the register as soon as practicable and no later than 7 days after supply, making sure to capture all fields listed in s 7(1) including company ACN or individual ID data, invoice number and purpose. Keep the register at the principal Queensland place of relevant transactions and retain records for two years from the day of supply (s 7(2), s 9).
End user declaration police notification (s 6A):
Implement a process to transmit a copy of each end user declaration to the commissioner of police as soon as practicable after receipt. Log transmission timestamps to demonstrate compliance with "as soon as practicable" in the event of review (s 6A).
Loss and theft reporting (s 8):
If loss or theft occurs, record the day and place the report was made, the name and registered number of the reporting officer, and the name and quantity of substance or thing lost/stolen in the register. Ensure a process exists to update the register promptly upon making a police report (s 8).
Syringe and dangerous drug disposal (ss 3-4):
For syringe disposal, provide rigid wall, puncture-resistant containers and ensure sealing/secure closure; alternatively establish handover arrangements to medical practitioners, pharmacists or authorised persons listed in s 10(3) of the Act (s 3).
For trace amounts of dangerous drugs in syringes, dispose via the syringe procedures in s 3; for other trace amounts, give the thing (and syringe if relevant) to an inspector under the Medicines and Poisons Act 2019 at the first reasonable opportunity (s 4).
If seed originates in the State, arrange THC analysis of a representative sample through an authorised person or ensure authorisation in writing to a person to arrange NATA-accredited laboratory analysis; confirm results show THC ≤ 0.5% and label seed with required particulars per s 11(2)-(3) and s 27C.
For seed from other jurisdictions, take documented "reasonable steps" to confirm substantially equivalent analysis and results that show ≤ 0.5% THC; keep evidence of those steps (s 11(4)).
Implement labelling standards: container inscription/label or pre-delivery written notice for bulk, English language, at least 1.5 mm character height, and suitable contrast (s 27C).
For planting and harvest activities by researchers or growers, submit written notice to an inspector within 14 days of planting, notify within 3 months if plants will not be harvested and set out disposal, and notify at least four weeks before intended harvest that the crop is ready for THC testing (s 27A).
Records for researchers, growers and seed handlers (ss 25-27):
Researchers and growers must record strain/variety, source/quantity of plants and seed, delivery details (including the individual delivering if by carrier), planting dates, recipient name and intended use, method of growing/obtaining for non-processed material, disposal/destruction dates and methods, and report number for first licensee to take possession after seed enters the State. Make these records as soon as practicable but no later than seven days after information becomes available (s 25).
Seed handlers must record source/quantity, delivery details, denaturing details where applicable, carrier delivery particulars and names of persons supplied. Record within seven days of information becoming available (s 26).
Keep records until the earlier of three years after the authority ends or two years after ceasing to be the holder; store records in a form that is readily accessible, usable and interpretable (s 27). Ensure digital systems support export and interpretation for authorised officers.
Monitoring fees and budgeting (s 28A, sch 8E item 8):
Budget for monitoring fees stated in schedule 8E item 8 (s 28A(1)). Where monitoring is scheduled, anticipate pro-rating in 15-minute increments (s 28A(2)), inspector travel fees (work out at the same schedule rate up to 2 hours in a day; s 28A(4)), and possible THC analysis costs where inspectors take samples (s 28A(3)(b)). Retain invoices and payment records for fee recovery audits.
Carrier engagement protocols (ss 12-14):
Ensure carriers transporting consigned cannabis are engaged/employed by a permitted category (researcher, grower, DPI researcher, inspector, seed supplier) and that written terms of engagement reflect the narrow authorisation (ss 12-14). Insist on written confirmation from the entity engaging the carrier that they are authorised and keep a delivery chain log capturing the individual who delivered the consigned material.
Operational authorisations for staff and family (ss 22-23):
If family members or employees will be involved in handling material, document that their activities are necessary or incidental to the licensee’s authorised activity, and that the authorised person is itself authorised under the Act (ss 22-23). Maintain records that link the employee or family member’s actions to the licensee’s authorised purpose.
Research plan compliance (s 27B):
When applying for a researcher licence, include in the research plan the described items: the research and activities, locations, risk identification for non-compliance, proposed risk management measures (security of crops, seed and equipment, information and record security, employee screening protocols, access restrictions, and safe storage/handling/transport), and any additional information required by a chief executive guideline (s 27B(2)-(3)). Consult the department’s published guideline and incorporate its requirements.
Document control and audit readiness:
Implement a version-controlled records system, indexed to statutory fields, with export capability and audit trails, meeting the "readily accessible, usable and able to be interpreted" standard (s 27). Retain evidence of steps taken to verify third-party seed analysis or equivalence (s 11(4)).
Review and training:
Provide staff training on immediate invoicing obligations, seven-day register deadlines, ID verification protocols, labelling standards and notification timeframes. Record training completion and incorporate procedures into compliance manuals.
Where the regulation uses terms that are unspecified (for example "reasonable steps" or "as soon as practicable"), document internal procedures showing reasonableness and timing decisions so that, if reviewed, there is a demonstrated, contemporaneous decision trail consistent with the regulation’s requirements (ss 6A, 11(4)).
This compliance checklist is tied to specific sections of the regulation. For any contested interpretation, consult the Act, the chief executive’s guidelines, and seek legal advice addressing specific facts and operational arrangements.
Section sec.4Prescribed procedure for disposal of dangerous drugs
(a) in the case where the thing is a trace amount of a dangerous drug contained in a hypodermic syringe or needle, by disposing of the hypodermic syringe or needle in accordance with the procedures prescribed in section 3 ; or
(b) in any other case, at the first reasonable opportunity, by giving— (i) such thing; and (ii) where such thing is contained in a hypodermic syringe or needle, such syringe or needle; to an inspector under the Medicines and Poisons Act 2019 .
(i) such thing; and
(ii) where such thing is contained in a hypodermic syringe or needle, such syringe or needle;
(i) such thing; and
(ii) where such thing is contained in a hypodermic syringe or needle, such syringe or needle;
pt.3 Controlled substances
Controlled substances
sec.5 Other act that is a relevant transaction— Act , s 43C (b)
sec.5 Other act that is a relevant transaction— Act , s 43C (b)
Any act by which a controlled substance is supplied by a person, in or in connection with the person’s business, to anyone else is a relevant transaction for the supply of a controlled substance.
A and B are partners in a chain of pharmacies. They make cold tablets to sell in the pharmacies by compounding ephedrine (a controlled substance) with other substances.
The partners sell some of the left over ephedrine to a pharmaceutical research company and give the rest away.
Both the sale and gift of ephedrine are relevant transactions.
Under section 43A of the Act —
supply means give, distribute, sell or supply.
s 5 prev s 5 amd 1996 SL No. 309 s 7
om 2002 SL No. 255 s 4
pres s 5 (prev s 11) ins 1996 SL No. 309 s 12
renum 2002 SL No. 255 s 5 (2)
sec.6 Documents and proof of identity required for supply of a controlled substance or controlled thing— Act , s 43D (1) (a)
sec.6 Documents and proof of identity required for supply of a controlled substance or controlled thing— Act , s 43D (1) (a)
This section applies to a person who supplies a controlled substance or controlled thing under a relevant transaction to anyone else (a recipient ).
The person must, before supplying the substance or thing, obtain from the recipient a document (an end user declaration ) showing the following information—
the recipient’s name and address, and if the recipient purports to obtain the substance or thing for another person, the other person’s name and address;
details of the official document produced by the recipient under subsection (3) as evidence of the recipient’s identity;
the date and number of the written order for the supply of the substance or thing;
the name and quantity of the substance or thing to be supplied;
if a thing is supplied—the serial number or unique identifier of the thing;
the date on which the substance or thing is to be supplied;
the purpose for which the substance or thing is to be supplied.
If the recipient is an individual, the person must, before supplying the substance or thing, require the recipient to produce an official document containing the recipient’s photograph (for example, a passport or driver licence) as evidence of the recipient’s identity.
The person must, immediately the person supplies the substance or thing under the transaction, make an invoice for the supply of the substance or thing showing the following details—
the recipient’s name and address;
the recipient’s order number for the supply of the substance or thing;
the date the substance or thing was supplied;
the name and quantity of the substance or thing supplied.
Maximum penalty for subsection (4) —20 penalty units.
s 6 prev s 6 amd 1996 SL No. 309 s 8
om 2002 SL No. 255 s 4
pres s 6 (prev s 12) ins 1996 SL No. 309 s 12
renum 2002 SL No. 255 s 5 (2)
amd 2008 Act No. 4 s 35 ; 2009 SL No. 99 s 5
(sec.6-ssec.1) This section applies to a person who supplies a controlled substance or controlled thing under a relevant transaction to anyone else (a recipient ).
(sec.6-ssec.2) The person must, before supplying the substance or thing, obtain from the recipient a document (an end user declaration ) showing the following information— the recipient’s name and address, and if the recipient purports to obtain the substance or thing for another person, the other person’s name and address; details of the official document produced by the recipient under subsection (3) as evidence of the recipient’s identity; the date and number of the written order for the supply of the substance or thing; the name and quantity of the substance or thing to be supplied; if a thing is supplied—the serial number or unique identifier of the thing; the date on which the substance or thing is to be supplied; the purpose for which the substance or thing is to be supplied.
(sec.6-ssec.3) If the recipient is an individual, the person must, before supplying the substance or thing, require the recipient to produce an official document containing the recipient’s photograph (for example, a passport or driver licence) as evidence of the recipient’s identity.
(sec.6-ssec.4) The person must, immediately the person supplies the substance or thing under the transaction, make an invoice for the supply of the substance or thing showing the following details— the recipient’s name and address; the recipient’s order number for the supply of the substance or thing; the date the substance or thing was supplied; the name and quantity of the substance or thing supplied. Maximum penalty for subsection (4) —20 penalty units.
(a) the recipient’s name and address, and if the recipient purports to obtain the substance or thing for another person, the other person’s name and address;
(b) details of the official document produced by the recipient under subsection (3) as evidence of the recipient’s identity;
(c) the date and number of the written order for the supply of the substance or thing;
(d) the name and quantity of the substance or thing to be supplied;
(e) if a thing is supplied—the serial number or unique identifier of the thing;
(f) the date on which the substance or thing is to be supplied;
(g) the purpose for which the substance or thing is to be supplied.
(a) the recipient’s name and address;
(b) the recipient’s order number for the supply of the substance or thing;
(c) the date the substance or thing was supplied;
(d) the name and quantity of the substance or thing supplied.
sec.6A End user declaration to be given to commissioner of police service— Act , s 43D (1) (d)
sec.6A End user declaration to be given to commissioner of police service— Act , s 43D (1) (d)
This section applies to a person who supplies a controlled substance or controlled thing under a relevant transaction to anyone else (the recipient ).
The person must, as soon as practicable after obtaining from the recipient the end user declaration mentioned in section 6 (2) , give a copy of the end user declaration to the commissioner of the police service.
s 6A ins 2008 Act No. 4 s 36
(sec.6A-ssec.1) This section applies to a person who supplies a controlled substance or controlled thing under a relevant transaction to anyone else (the recipient ).
(sec.6A-ssec.2) The person must, as soon as practicable after obtaining from the recipient the end user declaration mentioned in section 6 (2) , give a copy of the end user declaration to the commissioner of the police service.
sec.7 Details about supply of controlled substance or controlled thing to be recorded in register
sec.7 Details about supply of controlled substance or controlled thing to be recorded in register
The following details about a relevant transaction for the supply of a controlled substance or controlled thing must be recorded in the register—
the name and address of the recipient and, if the recipient purports to obtain the substance or thing for another person, the other person’s name and address;
the recipient’s order number for the supply of the substance or thing;
the invoice number for the supply of the substance or thing;
if the recipient is—
a company—its Australian Company Number; or
an individual—the type of official document produced under section 6 (3) and the following details about the document—
who issued it;
its serial number or other identifying number or mark;
the name and quantity of the substance or thing supplied;
the date the substance or thing was supplied;
the purpose for which the substance or thing was supplied.
The details must be recorded in the register as soon as practicable, but in no case later than 7 days, after the day the person supplied the substance or thing under the transaction.
Nothing in this section prevents the keeping of a single register for the Act and another Act if—
the keeping of the single register is not contrary to the other Act; and
the details recorded under subsection (1) are easily identifiable in the single register.
See section 43D (1) (c) of the Act for the requirement to keep the register.
s 7 prev s 7 sub reg pubd gaz 17 December 1988 pp 2214–15
amd 1996 SL No. 309 s 9
om 2002 SL No. 255 s 4
pres s 7 (prev s 13) ins 1996 SL No. 309 s 12
renum 2002 SL No. 255 s 5 (2)
amd 2008 Act No. 4 s 37 ; 2012 SL No. 92 s 19
(sec.7-ssec.1) The following details about a relevant transaction for the supply of a controlled substance or controlled thing must be recorded in the register— the name and address of the recipient and, if the recipient purports to obtain the substance or thing for another person, the other person’s name and address; the recipient’s order number for the supply of the substance or thing; the invoice number for the supply of the substance or thing; if the recipient is— a company—its Australian Company Number; or an individual—the type of official document produced under section 6 (3) and the following details about the document— who issued it; its serial number or other identifying number or mark; the name and quantity of the substance or thing supplied; the date the substance or thing was supplied; the purpose for which the substance or thing was supplied.
(sec.7-ssec.2) The details must be recorded in the register as soon as practicable, but in no case later than 7 days, after the day the person supplied the substance or thing under the transaction.
(sec.7-ssec.3) Nothing in this section prevents the keeping of a single register for the Act and another Act if— the keeping of the single register is not contrary to the other Act; and the details recorded under subsection (1) are easily identifiable in the single register. See section 43D (1) (c) of the Act for the requirement to keep the register.
(a) the name and address of the recipient and, if the recipient purports to obtain the substance or thing for another person, the other person’s name and address;
(b) the recipient’s order number for the supply of the substance or thing;
(c) the invoice number for the supply of the substance or thing;
(d) if the recipient is— (i) a company—its Australian Company Number; or (ii) an individual—the type of official document produced under section 6 (3) and the following details about the document— (A) who issued it; (B) its serial number or other identifying number or mark;
(i) a company—its Australian Company Number; or
(ii) an individual—the type of official document produced under section 6 (3) and the following details about the document— (A) who issued it; (B) its serial number or other identifying number or mark;
(A) who issued it;
(B) its serial number or other identifying number or mark;
(e) the name and quantity of the substance or thing supplied;
(f) the date the substance or thing was supplied;
(g) the purpose for which the substance or thing was supplied.
(i) a company—its Australian Company Number; or
(ii) an individual—the type of official document produced under section 6 (3) and the following details about the document— (A) who issued it; (B) its serial number or other identifying number or mark;
(A) who issued it;
(B) its serial number or other identifying number or mark;
(A) who issued it;
(B) its serial number or other identifying number or mark;
(a) the keeping of the single register is not contrary to the other Act; and
(b) the details recorded under subsection (1) are easily
This is an opening excerpt, not the complete document.