69LInspector may possess cannabis for purposes of this Part

69L Inspector may possess cannabis for purposes of this Part An inspector is authorised to have cannabis in his or her possession in the exercise or performance of any power, function or duty conferred on him or her by this Part or the regulations made under this Part. S. 69LA inserted by No. 22/2022 s. 68. 69LA Infringement notices (1) An inspector may serve an infringement notice on a person who the inspector has reason to believe has committed a prescribed offence. (2) An offence referred to in subsection (1) for which an infringement notice may be served is an infringement offence within the meaning of the **Infringements Act 2006**. S. 69LB inserted by No. 22/2022 s. 68. 69LB Infringement penalty The infringement penalty for an infringement offence against this Part is the prescribed infringement penalty for that offence. Division 3—Regulations under this Part S. 69M inserted by No. 54/1997 s. 5. 69M Regulations (1) The Governor in Council may make regulations for or with respect to— (a) fees for applications and renewals for the purposes of this Part; (b) authorising and requiring inspectors to impose fees and charges of such amounts or rates as are prescribed or determined in the manner prescribed for— (i) sampling and testing cannabis plants and crops grown or products produced in accordance with this Part as required under an authority or to determine the tetrahydrocannabinol content of those plants, crops or products; (ii) supervising the harvesting, disposal or destruction of cannabis plants, crops or products; (iii) carrying out inspections, supervision or surveillance of cannabis plants or crops grown or products produced in accordance with this Part to ensure that the terms, conditions, limitations and restrictions of an authority are being complied with; (iv) providing any other service in respect of cannabis plants or crops grown or products produced in accordance with this Part; S. 69M(1)(ba) inserted by No. 22/2022 s. 69. (ba) prescribing terms, conditions, limitations and restrictions to which authorities are subject; S. 69M(1)(bb) inserted by No. 22/2022 s. 69. (bb) prescribing terms, conditions, limitations or restrictions to be minor terms or conditions to which authorities are subject; S. 69M(1)(bc) inserted by No. 22/2022 s. 69. (bc) prescribing the date any prescribed terms, conditions, limitations and restrictions, including minor terms or conditions, to which authorities are subject take effect; S. 69M(1)(bd) inserted by No. 22/2022 s. 69. (bd) prescribing particulars to be included in any application for the issue or renewal of an authority, including but not limited to particulars in relation to the location, facilities and proposed security arrangements of a property or premises to which an application relates; S. 69M(1)(be) inserted by No. 22/2022 s. 69. (be) prescribing requirements in relation to the suitability of a property or premises for the cultivation, processing, sale or supply of low-THC cannabis; (c) generally prescribing any other matter or thing required or permitted by this Part to be prescribed or necessary to be prescribed to give effect to this Part. (c) provide for different fees for different activities or classes of activity or different cases or classes of cases; (d) provide for specific, minimum or maximum or minimum and maximum fees; (e) provide for the waiver or reduction of fees; (g) in the case of applications for the issue or renewal of authorities, specify fees that reflect the cost of administration of, and the provision of inspection and other services in connection with this Part; (h) leave any matter to be approved or determined by the Secretary or an inspector. Pt 4B (Heading and ss 69N–69V) inserted by No. 13/2014 s. 4. Part IVB—Licences to cultivate alkaloid poppies and process poppy straw S. 69N inserted by No. 13/2014 s. 4. 69N Definitions ***alkaloid poppy*** means a plant or any part of a plant whether fresh or dried of— (a) *Papaver bracteatum* Lindley; or (b) *Papaver somniferum* L.; ***alkaloid poppy register*** means the register established under section 69T; ***associate*** has the same meaning given in section 69NA; ***Commonwealth licence to export*** means a licence to export narcotic substances which relates to the export of poppy straw under the Customs Act 1901 of the Commonwealth; ***Commonwealth licence to manufacture*** means a licence to manufacture narcotic drugs which relates to the manufacturing of opiates from alkaloid poppies under the Narcotic Drugs Act 1967 of the Commonwealth; ***cultivate*** in relation to an alkaloid poppy has the same meaning as it has in section 70; ***detention or seizure receipt*** means a receipt given in accordance with section 69RC or 69RI; ***disqualified person*** means— (a) a person who is under the age of 17 years unless the person is an apprentice or trainee undertaking an approved training scheme within the meaning of the **Education and Training Reform Act 2006**; or (b) a person against whom a finding of guilt in respect of a serious offence was made by a court (whether in or outside Victoria) in the 10 years preceding the date an application is made under this Part; or (c) a person against whom a finding of guilt for an offence under this Act or an offence under a corresponding law of another jurisdiction was made by a court (whether in or outside Victoria) in the 5 years preceding the date an application is made under this Part; or (d) a person who belongs to a prescribed class of persons; ***employee***, in relation to a licensed grower or a licensed processor, includes a person who is— (a) employed under a contract of employment; or (b) employed under a contract of training; or (c) engaged under any other contract to perform a specified task authorised under a poppy cultivation licence or a poppy processing licence; ***employee identification certificate*** means a certificate issued to an employee by a licensed grower under section 69OF or by a licensed processor under section 69PF; ***harvest and destruction order*** means an order made under section 69RM(3); S. 69N def. of *inspector* amended by No. 37/2014 s. 10(Sch. item 47.23(a)). ***inspector*** means a person authorised under section 69R and any police officer; ***inspector identification certificate*** means a certificate issued to an inspector under section 69RA; ***licence holder*** means— (a) a licensed grower; or (b) a licensed processor; ***licensed grower*** means the holder of a poppy cultivation licence; ***licensed processor*** means the holder of a poppy processing licence; S. 69N def. of *national criminal history check* inserted by No. 22/2022 s. 70(a). ***national criminal history check***, in relation to a person, means a check of the criminal history of the person in or outside of Australia with or through a police force or other authority of Victoria, another State, a Territory or the Commonwealth; ***poppy cultivation licence*** means a licence issued under section 69OB(2); ***poppy processing licence*** means a licence issued under section 69PB(2); ***poppy straw*** means the upper parts of an alkaloid poppy, including the stem and capsule, harvested after mowing; ***process***, in relation to poppy straw, means— (a) to prepare or treat poppy straw in any manner other than refinement, concentration, extraction or reaction unless the refinement, concentration, extraction or reaction is for chemical analysis for non-therapeutic use; or (b) to store poppy straw; S. 69N def. of *protected information* amended by Nos 37/2014 s. 10(Sch. item 47.23(b)), 22/2022 s. 70(b)–(e). ***protected information*** means any information, document or thing the production or inspection of which— (a) is likely to reveal the identity of a person or a police officer who provided any information that is relevant to a decision of the Chief Commissioner of Police to— (i) oppose the issue or renewal of a poppy cultivation licence or a poppy processing licence; or (ii) request the suspension or cancellation of a poppy cultivation licence or a poppy processing licence; or (b) is likely to reveal the identity of a person whose name appears in any evidence given or information provided to a police officer in the course of any investigation; or (c) is likely to reveal the identity of a person who is or has been the subject of an investigation conducted by a police officer; or (d) is likely to reveal an investigation method, intelligence gathering method, investigative technique or technology or covert practice used by police officers; or (e) is likely to jeopardise the safety of a person or police officer referred to in paragraph (a), (b) or (c); or (f) is likely to put at risk any investigation by a police officer; or (fa) may prejudice any investigation or criminal proceeding; or (g) is otherwise not in the public interest; ***risk management plan*** means a plan that forms part of a poppy cultivation licence or a poppy processing licence; S. 69N def. of *Secretary* amended by No. 22/2022 s. 70(f). ***Secretary*** means the Department Head (within the meaning of the **Public Administration Act 2004**) of the Department of Jobs, Precincts and Regions; ***seized material*** means any alkaloid poppies, poppy straw or material derived from alkaloid poppies or poppy straw seized by an inspector under section 69RH; ***serious offence*** means— (a) an indictable offence involving dishonesty, fraud or assault; or (b) an indictable offence involving possession, or cultivation of, or trafficking in, a drug of dependence; or (c) any other indictable offence under this Act; or (d) an indictable offence under the law of another jurisdiction involving— (i) dishonesty, fraud or assault; or (ii) possession, or cultivation of, or trafficking in, a drug of dependence; ***specified premises*** means premises to which a licence under this Part applies. S. 69NA inserted by No. 13/2014 s. 4. 69NA Meaning of *associate* (1) For the purposes of this Part, a person who is of or above the age of 18 years is an associate of an applicant for a poppy cultivation licence or a poppy processing licence or a licence holder if the person— (a) holds any relevant financial interest, or is entitled to exercise any relevant power (whether in right of the person or on behalf of any other person) in the business of the applicant or the licence holder to which the licence relates, and by virtue of that interest or power, is able to exercise a significant influence over or with respect to the management or operation of the business to which the licence relates; or (b) holds any relevant position, whether in right of the person or on behalf of any other person in the business of the applicant or the licence holder to which the licence relates; or (c) is a relative of the applicant or the licence holder. (2) In subsection (1)— ***relative*** means a person who is— (a) a spouse of the applicant or the licence holder by marriage; (b) a domestic partner— (i) in a registered relationship within the meaning of the **Relationships Act 2008** with the applicant or the licence holder; or (ii) of the applicant or the licence holder to whom he or she is not married but with whom the applicant or the licence holder is living as a couple on a genuine domestic basis (irrespective of gender) and in determining whether the persons are domestic partners of each other, all of the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the **Relationships Act 2008** as may be relevant in a particular case; (c) a parent; (d) a step parent; (e) a sibling or step-sibling; (f) a child, stepchild or adopted child; ***relevant financial interest*** in relation to a business means— (a) any share in the capital of the business; or (b) any entitlement to receive any income derived from the business; ***relevant position*** in relation to the business of an applicant for a poppy cultivation licence or a poppy processing licence or a licence holder means— (a) the position of director, partner, trustee, manager or other executive position or secretary, however that position is designated; and (b) any other person determined by the Secretary to be associated or connected with the ownership, administration or management of the operations or business of the applicant; ***relevant power*** means any power, whether exercisable by voting or otherwise and whether exercisable alone or in association with others— (a) to participate in any directorial, managerial or executive decision; or (b) to elect or appoint any person to any relevant position. S. 69NB inserted by No. 13/2014 s. 4. 69NB Matters to be considered in determining a fit and proper person (1) For the purpose of preventing criminal activity in the cultivation of alkaloid poppies and the processing of poppy straw, the Secretary must not issue a licence under this Part to an applicant unless the Secretary is satisfied that— (a) the applicant or any associate of the applicant has not been found guilty in respect of a serious offence (whether in or outside Victoria) during the 10 years preceding the date of making the application under this Part; and (b) the applicant and each associate of the applicant is a suitable person to be concerned in or associated with the cultivation of alkaloid poppies or the processing of poppy straw, as the case requires; and (c) the applicant's property or premises will be suitable for the cultivation of alkaloid poppies or the processing of poppy straw, as the case requires, in relation to location, facilities and proposed security arrangements; and (d) the applicant meets the prescribed requirements (if any). (2) For the purpose of preventing criminal activity in the cultivation of alkaloid poppies and the processing of poppy straw, the Secretary must not— (a) renew a poppy cultivation licence of a licensed grower unless the Secretary is satisfied that— (i) the licensed grower or any associate of the licensed grower has not been found guilty in respect of a serious offence (whether in or outside Victoria) during the 3 years preceding the date of making the application for renewal under this Part; and (ii) the licensed grower and each associate of the licensed grower is a suitable person to be concerned in or associated with the cultivation of alkaloid poppies; and (iii) the licensed grower's property or premises are suitable for the cultivation of alkaloid poppies, in relation to location, facilities and proposed security arrangements; and (iv) the licensed grower meets the prescribed requirements (if any); or (b) renew a poppy processing licence of a licensed processor unless the Secretary is satisfied that— (i) the licensed processor or any associate of the licensed processor has not been found guilty in respect of a serious offence (whether in or outside Victoria) during the 12 months preceding the date of making the application for renewal under this Part; and (ii) the licensed processor and each associate of the licensed processor is a suitable person to be concerned in or associated with the processing of poppy straw; and (iii) the licensed processor's property or premises are suitable for the processing of poppy straw in relation to location, facilities and proposed security arrangements; and (iv) the licensed processor meets the prescribed requirements (if any). (3) Without limiting subsection (1) or (2), the Secretary may consider whether— (a) the applicant, the licensed grower or the licensed processor and each associate of the applicant, the licensed grower or the licensed processor is of good repute, having regard to character, honesty and integrity; and (b) the applicant, the licensed grower or the licensed processor or any associate of the applicant, the licensed grower or the licensed processor has a history of non-compliance with the Act; and (c) in the case of an application for a licence, the applicant or any associate of the applicant has within the 10 years preceding the date of making the application been found guilty by a court (whether in or outside Victoria) of any offence; and (d) in the case of an application for the renewal of a poppy cultivation licence, the licensed grower or any associate of the licensed grower has within the 3 years preceding the date of making the application for renewal been found guilty by a court (whether in or outside Victoria) of any offence; and (e) in the case of an application for the renewal of a poppy processing licence, the licensed processor or any associate of the licensed processor has within the 12 months preceding the date of making the application for renewal been found guilty by a court (whether in or outside Victoria) of any offence; and (f) in the case of an applicant, a licensed grower or a licensed processor that is not a natural person, the applicant, the licensed grower or the licensed processor has a satisfactory ownership, trust or corporate structure; and (g) the applicant, the licensed grower or the licensed processor is of sound and stable financial background; and (h) the financial circumstances of the applicant, the licensed grower or the licensed processor may significantly limit the person's capacity to meet the person's obligations in conducting activities under the licence in compliance with the terms and conditions applying to the relevant licence. Division 2—Poppy cultivation licence S. 69O inserted by No. 13/2014 s. 4. 69O Application for poppy cultivation licence (1) A person may apply for a poppy cultivation licence which authorises a person for commercial purposes relating to therapeutic use— (b) to sell or supply poppy straw to a licensed processor at premises specified in the licence. (2) A person may apply for a poppy cultivation licence for research purposes relating to non-therapeutic use— (b) to conduct measurements, analyses and extractions, including extraction of alkaloids from alkaloid poppies for chemical analyses at specified premises; and (c) to supply alkaloid poppies or poppy straw to a licensed processor. (3) An application under subsection (1) or (2) must— (b) be accompanied by a copy of the proposed risk management plan; and (c) be accompanied by the relevant prescribed application fee (if any); and (d) be accompanied by any other prescribed particulars. (4) An application under subsection (1) or (2) must contain or be accompanied by evidence to the satisfaction of the Secretary that the applicant— (a) is a fit and proper person to be given a licence; and (b) in the case of an application under subsection (1), intends to undertake a bona fide commercial activity relating to the therapeutic use of alkaloid poppies under the licence and includes evidence of the commercial activity to be carried out; or (c) in the case of an application under subsection (2), intends to undertake a research activity relating to the non‑therapeutic use of alkaloid poppies under the licence and includes evidence that the research activity would be conducted by a person with appropriate scientific training using an appropriate methodology. (5) An application under subsection (1) or (2) must contain any other information about the applicant or the application which the Secretary reasonably requires to assist in assessing the application. S. 69OA inserted by No. 13/2014 s. 4. 69OA Secretary must investigate application (1) On receiving an application under section 69O the Secretary— (a) must carry out all investigations and inquiries that the Secretary considers necessary to determine the application; and (b) may conduct an inspection of the premises that are to be specified in the relevant licence; and S. 69OA(1)(c) substituted by No. 22/2022 s. 71(1). (c) must require that an applicant or any associate of the applicant submit to the Secretary a national criminal history check that was undertaken within 6 months of the date it is submitted to the Secretary. (2) The Secretary must provide a copy of an application made under section 69O and any accompanying documents to the Chief Commissioner of Police. (a) inquire into and report to the Secretary on any matters concerning the application that he or she believes are appropriate or reasonably necessary; and S. 69OA(3)(c) amended by No. 22/2022 s. 71(2). (c) within 28 days of receiving the application from the Secretary, notify the Secretary in writing of the Chief Commissioner of Police's decision to support or oppose the issuing of a licence and, subject to section 69U(1), provide the reasons for the decision. S. 69OA(4) amended by No. 22/2022 s. 71(3). (4) If the Secretary is notified under subsection (3)(c) that the Chief Commissioner of Police opposes the issuing of a poppy cultivation licence, the Secretary must refuse to issue the licence. S. 69OB inserted by No. 13/2014 s. 4. 69OB Determining an application (1) After considering an application and any investigation under section 69OA, the Secretary must determine the application within 60 days of receiving the application. (2) The Secretary may issue a poppy cultivation licence to an applicant under section 69O(1) or (2). (3) The Secretary may refuse to issue a poppy cultivation licence to an applicant under section 69O(1) or (2). S. 69OB(4)(a) amended by No. 22/2022 s. 72(a). (a) notify the applicant in writing of the decision under subsection (2) or (3) within 21 days of making the decision; and S. 69OB(4)(b) amended by No. 22/2022 s. 72(b). (b) if the Secretary refuses an application under subsection (3)— S. 69OC inserted by No. 13/2014 s. 4. 69OC Terms and conditions of a poppy cultivation licence (1) A poppy cultivation licence is issued for the term, not exceeding 3 years, specified in the licence unless it is sooner suspended or cancelled. (2) A poppy cultivation licence relates only to the specified premises described in it. (3) A poppy cultivation licence is subject to the condition that the licensed grower must only employ persons that are suitable to carry out activities under the licence. (4) A poppy cultivation licence is subject to the condition that a licensed grower must comply with the risk management plan under the licence. (5) A poppy cultivation licence is subject to the prescribed terms, conditions, limitations and restrictions (if any). (6) A poppy cultivation licence is subject to the terms, conditions, limitations and restrictions specified in it including, but not limited to, terms, conditions, limitations and restrictions relating to the following— (a) the species, subspecies or varieties of alkaloid poppy to be cultivated; or (b) the specified premises at which activities authorised under the licence may be carried out; or (c) the implementation and maintenance of satisfactory security and surveillance measures to restrict access of unauthorised persons to crops and harvested material; or (d) the keeping of records and other documents; or (e) the provision of information, records or other documents to the Secretary relating to— (i) the activities carried out under the licence; or (ii) a change in the position of director, manager, secretary or other executive position, however designated, or the structure of the business to which the licence relates; or (iii) any other matter that the Secretary reasonably requires in relation to the licence or the licensed activity; or (f) the disposal of harvested material and crop residue; or (g) the inspection, sampling, supervision and surveillance of seed of alkaloid poppies, alkaloid poppies and poppy straw by an inspector; or (h) the destruction of alkaloid poppies, poppy straw and any material derived from alkaloid poppies. (7) A poppy cultivation licence issued under section 69O(1) is subject to the condition that unless otherwise with the approval of the Secretary, the licensed grower whilst carrying out an activity under the licence must have a contract with a licensed processor for the processing of alkaloid poppies cultivated under the licence that is registered in the alkaloid poppy register. S. 69OD inserted by No. 13/2014 s. 4. 69OD Poppy cultivation licence is not transferable A poppy cultivation licence is not transferable to another person. S. 69OE inserted by No. 13/2014 s. 4. 69OE Employee of licensed grower authorised to undertake activities under licence (1) For the purposes of this Act, an employee of a licensed grower who holds a poppy cultivation licence for commercial purposes relating to therapeutic use, is authorised to carry out any activity under the licence involving the cultivation or possession of alkaloid poppies or the sale or supply of poppy straw to a licensed processor required of the employee in the course of his or her employment. (2) For the purposes of this Act, an employee of a licensed grower who holds a poppy cultivation licence for research purposes relating to non‑therapeutic use, is authorised to carry out any activity under the licence, including the following, that is required of the employee in the course of his or her employment— (b) to conduct measurements, analyses and extractions including extraction of alkaloids from alkaloid poppies for chemical analyses at specified premises; and (c) to supply alkaloid poppies or poppy straw to a licensed processor. (3) An employee must only undertake an activity authorised under subsection (1) or (2) in relation to his or her employment. S. 69OF inserted by No. 13/2014 s. 4. 69OF Employee identification certificate issued by licensed grower (1) The licensed grower must issue an employee identification certificate to each employee that is employed to carry out activities in the business conducted by a licensed grower under a poppy cultivation licence. (2) The employee identification certificate must contain the following information— (a) the employee's name; (b) a clear photograph of the employee; (c) the employee's date of birth; (d) the expiry date of the employee identification certificate; (e) the poppy cultivation licence under which the employee is authorised to carry out activities required of the employee in the course of his or her employment; (f) the prescribed information (if any). S. 69OG inserted by No. 13/2014 s. 4. 69OG Application for renewal of licence (1) A licensed grower may apply to the Secretary for the renewal of a poppy cultivation licence. (2) A renewal application must be made to the Secretary at least 2 months before the poppy cultivation licence is due to expire. (3) A renewal application must— (b) be accompanied by any information relevant to whether or not the licensed grower is a fit and proper person; and (c) be accompanied by the current risk management plan under the poppy cultivation licence; and (d) be accompanied by the relevant prescribed renewal fee (if any); and (e) be accompanied by any other information the Secretary reasonably requires to assess the application; and (f) contain any prescribed particulars. (4) A poppy cultivation licence may be renewed more than once. S. 69OH inserted by No. 13/2014 s. 4. 69OH Secretary must investigate renewal application (1) On receipt of a renewal application under section 69OG the Secretary— (a) must carry out any investigation or inquiry necessary to determine the renewal application; and (b) may conduct an inspection of the specified premises of the poppy cultivation licence; and S. 69OH(1)(c) substituted by No. 22/2022 s. 73(1). (c) must require that an applicant or any associate of the applicant submit to the Secretary a national criminal history check that was undertaken within 6 months of the date it is submitted to the Secretary. (2) The Secretary must provide a copy of a renewal application made under section 69OG and any accompanying documents to the Chief Commissioner of Police. (a) inquire into and report to the Secretary on any matters concerning the application that the Chief Commissioner of Police believes are appropriate or reasonably necessary; and (b) inquire into and report to the Secretary on any matters concerning the renewal application that the Secretary requests; and S. 69OH(3)(c) amended by No. 22/2022 s. 73(2). (c) within 28 days of receiving the application from the Secretary notify the Secretary in writing of the Chief Commissioner of Police's decision to support or oppose the renewal of a licence and, subject to section 69U(1), provide the reasons for the decision. S. 69OH(4) amended by No. 22/2022 s. 73(3). (4) If the Secretary is notified under subsection (3)(c) that the Chief Commissioner of Police opposes the renewal of a poppy cultivation licence the Secretary must refuse to renew the licence. S. 69OI inserted by No. 13/2014 s. 4. 69OI Determining a renewal application (1) After considering a renewal application and any investigation under section 69OH, the Secretary must determine the renewal application within 60 days of receiving it. (2) The Secretary may renew a poppy cultivation licence for a period not exceeding 3 years. (3) The Secretary may refuse to renew a poppy cultivation licence of a licensed grower. (4) A renewed poppy cultivation licence expires on the date specified by the Secretary, unless the licence is cancelled or suspended prior to the expiry. (5) The Secretary must— S. 69OI(5)(a) amended by No. 22/2022 s. 74(a). (a) notify the applicant in writing of the decision under subsection (2) or (3) within 21 days of making the decision; and S. 69OI(5)(b) amended by No. 22/2022 s. 74(b). (b) if the Secretary refuses to renew the poppy cultivation licence under subsection (3)— Division 3—Poppy processing licence S. 69P inserted by No. 13/2014 s. 4. 69P Application for poppy processing licence (1) A person may apply to the Secretary for a poppy processing licence which authorises a person for commercial purposes relating to therapeutic use— (a) to receive poppy straw from a licensed grower or from a licensed processor or a person authorised to possess and supply alkaloid poppies in another jurisdiction; and (b) to process and possess poppy straw at premises specified in the licence; and (c) to transport, sell or supply poppy straw to a person who possesses a Commonwealth licence to manufacture; and (d) to transport, sell or supply poppy straw if the applicant possesses a Commonwealth licence to export; and (e) to transport, sell or supply poppy straw to a person who possesses a Commonwealth licence to export. (2) A person may apply to the Secretary for a poppy processing licence which authorises a person for research purposes relating to non-therapeutic use— (a) to receive or process poppy straw at premises specified in the licence; and (b) to possess, transport, sell or supply poppy straw to a licensed processor. (3) An application under subsection (1) or (2) must— (b) be accompanied by a copy of the proposed risk management plan; and (c) be accompanied by the relevant prescribed application fee (if any); and (d) be accompanied by any other prescribed particulars; and (e) in the case of an application under subsection (1), be accompanied by a copy of a Commonwealth licence to manufacture or a Commonwealth licence to export, as the case requires. (4) An application under subsection (1) or (2) must contain or be accompanied by evidence to the satisfaction of the Secretary that the applicant— (a) is a fit and proper person to be issued a licence; and (b) in the case of an application under subsection (1), intends to undertake a bona fide commercial activity relating to the therapeutic use of poppy straw including evidence of the commercial activity to be carried out; and (c) in the case of an application under subsection (2), intends to undertake a research activity relating to the non-therapeutic use of poppy straw under the licence including evidence that the research activity would be conducted by a person with appropriate scientific training using appropriate methodology. (5) An application under subsection (1) or (2) must contain any other information about the applicant or the application which the Secretary reasonably requires to assist in assessing the application. S. 69PA inserted by No. 13/2014 s. 4. 69PA Secretary must investigate application (1) On receiving an application under section 69P, the Secretary— (a) must carry out all investigations and inquiries that the Secretary considers necessary to determine the application; and (b) may conduct an inspection of the premises that are to be specified in the relevant licence; and S. 69PA(1)(c) substituted by No. 22/2022 s. 75(1). (c) must require that an applicant or any associate of the applicant submit to the Secretary a national criminal history check that was undertaken within 6 months of the date it is submitted to the Secretary. (2) The Secretary must provide a copy of an application made under section 69P and any accompanying documents to the Chief Commissioner of Police. (a) inquire into and report to the Secretary on any matters concerning the application that the Chief Commissioner of Police believes are appropriate or reasonably necessary; and S. 69PA(3)(c) amended by No. 22/2022 s. 75(2). (c) within 28 days of receiving the application from the Secretary, notify the Secretary in writing of the Chief Commissioner of Police's decision to support or oppose the issuing of a licence and, subject to section 69U(1), provide the reasons for the decision. S. 69PA(4) amended by No. 22/2022 s. 75(3). (4) If the Secretary is notified under subsection (3)(c) that the Chief Commissioner of Police opposes the issuing of a poppy processing licence, the Secretary must refuse to issue the licence. S. 69PB inserted by No. 13/2014 s. 4. 69PB Determining an application (1) After considering an application and any investigation under section 69PA, the Secretary must determine the application within 60 days of receiving the application. (2) The Secretary may issue a poppy processing licence to an applicant under section 69P(1) or (2). (3) The Secretary may refuse to issue a poppy processing licence to an applicant under section 69P(1) or (2). S. 69PB(4)(a) amended by No. 22/2022 s. 76(a). (a) notify the applicant in writing of the decision under subsection (2) or (3) within 21 days of making the decision; and S. 69PB(4)(b) amended by No. 22/2022 s. 76(b). (b) if the Secretary refuses an application under subsection (3)— S. 69PC inserted by No. 13/2014 s. 4. 69PC Terms and conditions of a poppy processing licence (1) A poppy processing licence is issued for the term, not exceeding 12 months, specified in the licence unless it is sooner suspended or cancelled. (2) A poppy processing licence relates only to the premises specified in it. (3) A poppy processing licence must specify the maximum quantity of alkaloid poppies that may be processed by a licensed processor. (4) A poppy processing licence is subject to the condition that a licensed processor must comply with the risk management plan under the licence. (5) A poppy processing licence is subject to the condition that the licensed processor must only employ persons that are suitable to carry out activities under the licence. (6) A poppy processing licence is subject to the prescribed terms, conditions, limitations and restrictions (if any). (7) A poppy processing licence is subject to the terms, conditions, limitations and restrictions that are specified in it including, but not limited to, terms, conditions, limitations and restrictions relating to the following— (a) the specified premises at which the activities authorised by the licence may be carried out; or (b) the implementation and maintenance of satisfactory security and surveillance measures to restrict access of unauthorised persons to poppy straw; or (c) the keeping of records and other documents; or (d) the provision of information, records or other documents to the Secretary relating to— (i) the activities carried out under the licence; or (ii) a change in the position of director, manager, secretary or other executive position, however designated, or the structure of the business to which the licence relates; or (iii) any other matter that the Secretary reasonably requires in relation to the licence or the licensed activity; or (e) the disposal of poppy straw; or (f) the inspection, supervision and surveillance of poppy straw by an inspector. (8) A poppy processing licence referred to in section 69P(1) is subject to the condition that the licensed processor must hold a current Commonwealth licence to manufacture or a current Commonwealth licence to export whilst undertaking an activity authorised by the licence. S. 69PD inserted by No. 13/2014 s. 4. 69PD Poppy processing licence is not transferable A poppy processing licence is not transferable to another person. S. 69PE inserted by No. 13/2014 s. 4. 69PE Employee of licensed processor authorised to undertake activities under licence (1) For the purposes of this Act, an employee of a licensed processor who holds a poppy processing licence for commercial purposes relating to therapeutic use, is authorised to carry out any of the following activities under the licence that is required of the employee in the course of his or her employment— (a) to receive poppy straw from a licensed grower or a person authorised to possess alkaloid poppies in another jurisdiction; and (b) to process and possess poppy straw at specified premises; and (c) to transport, sell or supply poppy straw to a person who possesses a Commonwealth licence to manufacture; and (d) to export poppy straw if the applicant possesses a Commonwealth licence to export. (2) For the purposes of this Act, an employee of a licensed processor who holds a poppy processing licence for research purposes relating to non‑therapeutic use, is authorised to carry out any activity under the licence involving the processing, possession, transportation of poppy straw or the sale or supply of poppy straw to a licensed processor that is required of the employee in the course of his or her employment. (3) An employee must only undertake an activity authorised under subsection (1) or (2) in relation to his or her employment. S. 69PF inserted by No. 13/2014 s. 4. 69PF Employee identification certificate issued by licensed processor (1) The licensed processor must issue an employee identification certificate to each employee that is employed to carry out activities in the business conducted by a licensed processor under a poppy processing licence. (2) The employee identification certificate must contain the following information— (a) the employee's name; (b) a clear photograph of the employee; (c) the employee's date of birth; (d) the expiry date of the employee identification certificate; (e) the poppy processing licence under which the employee is authorised to carry out activities required of the employee in the course of his or her employment; (f) the prescribed information (if any). S. 69PG inserted by No. 13/2014 s. 4. 69PG Application for renewal of licence (1) A licensed processor may apply to the Secretary for the renewal of a poppy processing licence. (2) A renewal application must be made to the Secretary at least 2 months before the poppy processing licence is due to expire. (3) A renewal application must— (b) be accompanied by any information relevant to whether or not the licensed processor is a fit and proper person; and (c) be accompanied by the current risk management plan under the poppy processing licence; and (d) be accompanied by a copy of the licensed processor's current Commonwealth licence to manufacture or current Commonwealth licence to export; and (e) be accompanied by the relevant prescribed renewal fee (if any); and (f) be accompanied by any other information the Secretary reasonably requires to assess the application; and (g) contain any prescribed particulars. (4) A poppy processing licence may be renewed more than once. S. 69PH inserted by No. 13/2014 s. 4. 69PH Secretary must investigate renewal application (1) On receipt of a renewal application under section 69PG, the Secretary— (a) must carry out any investigation or inquiry necessary to determine the renewal application; and (b) may conduct an inspection of the specified premises of the poppy processing licence; and S. 69PH(1)(c) substituted by No. 22/2022 s. 77(1). (c) must require that an applicant or any associate of the applicant submit to the Secretary a national criminal history check that was undertaken within 6 months of the date it is submitted to the Secretary. (2) The Secretary must provide a copy of a renewal application made under section 69PG and any accompanying documents to the Chief Commissioner of Police. (a) inquire into and report to the Secretary on any matters concerning the application that the Chief Commissioner of Police believes are appropriate or reasonably necessary; and (b) inquire into and report to the Secretary on any matters concerning the renewal application that the Secretary requests; and S. 69PH(3)(c) amended by No. 22/2022 s. 77(2). (c) within 28 days of receiving the application from the Secretary, notify the Secretary in writing of the Chief Commissioner of Police's decision to support or oppose the renewal of a licence and, subject to section 69U(1), provide the reasons for the decision. S. 69PH(4) amended by No. 22/2022 s. 77(3). (4) If the Secretary is notified under subsection (3)(c) that the Chief Commissioner of Police opposes the renewal of a poppy processing licence the Secretary must refuse to renew the licence. S. 69PI inserted by No. 13/2014 s. 4. 69PI Determining a renewal application (1) After considering a renewal application and any investigation under section 69PH, the Secretary must determine the renewal application within 60 days of receiving it. (2) The Secretary may renew a poppy processing licence for a period not exceeding 12 months. (3) The Secretary may refuse to renew a poppy processing licence of a licensed processor. (4) A renewed poppy processing licence expires on the date specified by the Secretary unless the licence is cancelled or suspended prior to the expiry. (5) The Secretary must— S. 69PI(5)(a) amended by No. 22/2022 s. 78(a). (a) notify the applicant in writing of the decision under subsection (2) or (3) within 21 days of making the decision; and S. 69PI(5)(b) amended by No. 22/2022 s. 78(b). (b) if the Secretary refuses to renew the poppy processing licence under subsection (3)— (i) notify the Chief Commissioner of Police that the Secretary has refused the renewal application; and Division 4—General provisions applying to a poppy cultivation licence or poppy processing licence S. 69Q inserted by No. 13/2014 s. 4. 69Q Amendment of licences (1) The Secretary may— (a) amend an existing term, condition, limitation or restriction to which a poppy cultivation licence or poppy processing licence is subject; or (b) impose a new term, condition, limitation or restriction on the poppy cultivation licence or the poppy processing licence. (2) The Secretary may exercise a power under subsection (1)— (a) on the application of the licensed grower or the licensed processor; or (b) in the Secretary's discretion. (3) The Secretary must determine an application made under subsection (2)(a) within 28 days of receiving the application. (4) The Secretary must notify the licensed grower or the licensed processor, in writing within 7 business days, if an amendment to a licence is made under subsection (1)(a) or (b). (5) An application by a licensed grower or a licensed processor made under subsection (2)(a) must— (b) be accompanied by the relevant prescribed fee (if any); and (c) be accompanied by any prescribed particulars. S. 69QA inserted by No. 13/2014 s. 4. 69QA Suspension or cancellation of licences (1) The Secretary, by notice in writing to the licensed grower or the licensed processor, may suspend or cancel the relevant licence if— (a) the licensed grower or the licensed processor requests suspension or cancellation; or (b) the licensed grower or the licensed processor has not complied with the terms, conditions, limitations or restrictions of the licence; or (c) the licensed grower or the licensed processor has failed to comply with this Part or the regulations applying under this Part; or (d) the Secretary is satisfied that the licensed grower or the licensed processor or any associate of the licensed grower or the licensed processor is no longer a fit and proper person to be concerned with or associated with, as the case requires— (i) the cultivation of alkaloid poppies; or (ii) the processing of poppy straw; or (e) the Secretary is satisfied that the specified premises— (i) of the licensed grower are no longer suitable for the cultivation of alkaloid poppies; or (ii) of the licensed processor are no longer suitable for the processing of poppy straw; or (f) the Secretary is satisfied that the licensed grower or the licensed processor obtained the relevant licence by fraud, misrepresentation or concealment of facts; or (g) the Chief Commissioner of Police requests suspension or cancellation on the basis of protected information concerning the licensed grower or the licensed processor; or (h) the licensed grower or the licensed processor ceases to carry on the research or commercial activity to which the relevant licence relates. S. 69QA(1A) inserted by No. 22/2022 s. 79(1). (1A) For the purposes of subsection (1)(g), the Chief Commissioner of Police may request that the Secretary suspend or cancel a licence on the basis of protected information at any time. S. 69QA(1B) inserted by No. 22/2022 s. 79(1). (1B) The Chief Commissioner of Police must— (a) request the suspension or cancellation of a licence in writing; and (b) subject to section 69U(1), provide reasons for the request. S. 69QA(1C) inserted by No. 22/2022 s. 79(1). (1C) If the Chief Commissioner of Police requests the suspension or cancellation of a licence on the basis of protected information, the Secretary must suspend or cancel the licence (as the case requires). (2) If a poppy cultivation licence or a poppy processing licence is suspended or cancelled under subsection (1) the Secretary must— (a) notify the Chief Commissioner of Police regarding the suspension or cancellation; and (b) in the case of a poppy cultivation licence, notify a licensed processor who has a registered contract with the licensed grower within 7 business days of the suspension or cancellation taking effect; or S. 69QA(2)(c) amended by No. 22/2022 s. 79(2)(a). (c) in the case of a poppy processing licence, notify the licensed grower who has a contract registered in the alkaloid poppy register with the licensed processor within 7 business days of the suspension or cancellation taking effect; S. 69QA(2)(d) inserted by No. 22/2022 s. 79(2)(b). (d) as soon as practicable— S. 69QA (2)(d)(i) amended by No. 39/2024 s. 113(2)(a). (i) notify the former licensed grower or former licensed processor in writing that the relevant licence has been suspended or cancelled (as the case requires); and (ii) subject to section 69U(2), provide reasons for the suspension or cancellation; and S. 69QA (2)(d)(iii) amended by No. 39/2024 s. 113(2)(b). (iii) inform the former licensed grower or former licensed processor that they have the right to seek review of the decision to suspend or cancel the licence by VCAT. (3) A poppy cultivation licence or a poppy processing licence ceases to have effect on the suspension or cancellation of the licence under this section. Division 5—Inspection and enforcement S. 69R inserted by No. 13/2014 s. 4. 69R Inspectors under this Part (1) The Secretary, by instrument, may authorise the following persons to be inspectors for the purposes of all or any specified provisions of this Part— (a) any person employed under Part 3 of the **Public Administration Act 2004**; or (b) any other appropriately qualified person. (2) The Secretary may determine the terms and conditions of authorisation of any inspector. (3) The terms and conditions of authorisation of an inspector may contain general directions as to how the inspector's powers may be exercised. (4) The Secretary, in writing, may vary or revoke the authorisation of an inspector at any time. S. 69RA inserted by No. 13/2014 s. 4. 69RA Inspectors identification certificate S. 69RA(1) amended by No. 37/2014 s. 10(Sch. item 47.24). (1) The Secretary must issue an identification certificate to each inspector (other than an inspector who is a police officer) which sets out the provisions of this Part for which the inspector is authorised to be an inspector. (2) In the course of performing his or her functions under this Part, an inspector must produce his or her identification certificate to any person who requests its production. S. 69RA(3) amended by No. 37/2014 s. 10(Sch. item 47.24). (3) In this Part, a reference to an identification certificate in relation to an inspector who is a police officer is a reference to written evidence of the fact that he or she is a police officer. S. 69RB inserted by No. 13/2014 s. 4. 69RB General powers of inspector (1) For the purposes of determining compliance with this Part or a licence issued under this Part, an inspector, with any assistance he or she thinks necessary, at any reasonable time may do all or any of the following— (a) enter and inspect any place, other than premises used as a residence, occupied by any person who is the licensed grower or the licensed processor; and (b) inspect, count, examine or mark for identification any alkaloid poppy or poppy straw in the place; and (c) intercept, inspect and examine any vehicle or machine which an inspector reasonably believes is being used for the harvest of alkaloid poppies and transport of poppy straw; and (d) require a person to produce any document that the inspector reasonably requires for ascertaining whether this Part or a poppy cultivation licence or a poppy processing licence is being complied with— (i) to examine the document; and (ii) to make copies of it or take extracts from it; and (iii) to remove the document for as long as is reasonably necessary to make copies or take extracts; and (e) take or remove for examination samples of or from, or specimens of, soil, any alkaloid poppy or poppy straw or any other plant or crop to determine— (i) whether the alkaloid poppy or poppy straw has been cultivated or processed in accordance with the relevant licence; or (ii) that its possession is in accordance with the relevant licence; and (f) submit any sample or specimen taken in accordance with this Part to a laboratory or place approved by the Secretary for examination and testing. (2) An inspector must not exercise any powers under this Part if the inspector fails to produce his or her identification certificate for inspection on request by the occupier of the place or the person in charge or apparent control of the place. S. 69RC inserted by No. 13/2014 s. 4. 69RC Procedure on seizing a document, thing or taking a sample (1) Subject to section 69RI, if an inspector seizes a document or thing or takes a sample of, or from, a thing at the premises occupied by the licensed grower or the licensed processor, the inspector must give a detention or seizure receipt for the document or thing or sample to the licensed grower or the licensed processor from whom it was taken. (2) If an inspector is unable to give a detention or seizure receipt to the relevant licensed grower or licensed processor in respect of a document or thing or sample seized, the inspector must— (a) leave the detention or seizure receipt with, or post it to, the licensed grower or the licensed processor that occupies the premises from which the document or thing or sample was seized; and (b) if a document is seized, leave a copy of the document, if practicable, with, or post it to, the licensed grower or the licensed processor that occupies the premises from which the document was seized. (3) A detention or seizure receipt must— (a) identify the seized document, thing or sample taken; and (b) state the name of the inspector who seized the document, thing or took the sample; and (c) state the reason why the document or thing was seized or the sample was taken. (4) If an inspector proposes to take a sample under section 69RB(1)(e) the inspector must— (a) divide the sample into 3 parts; and (b) give one part to the licensed grower or the licensed processor, as the case requires, and retain one part for examination and one part untouched for future comparison. S. 69RD inserted by No. 13/2014 s. 4. 69RD Power to use electronic equipment at premises (a) while acting under section 69RB, an inspector finds a thing at the premises that is or includes a disk, tape or other device for the storage of information; and (b) there is at the premises equipment that may be used with the disk, tape or other storage device; and (c) the inspector believes, on reasonable grounds, that information stored in the disk, tape or other storage device may be relevant to determine whether this Part has been contravened. (2) An inspector may operate or may require the licensed grower or the licensed processor or an employee of the licensed grower or the licensed processor to operate the equipment to access the information. S. 69RE inserted by No. 13/2014 s. 4. 69RE Power to copy information on electronic storage devices If an inspector finds that a disk, tape or other storage device at the premises contains information that the inspector believes, on reasonable grounds, stores information that is relevant to determine whether this Part has been complied with, the inspector may— (a) put the information in a documentary form and seize the documents so produced; or (b) copy the information to another disk, tape or other storage device and remove that disk, tape or storage device from the premises. S. 69RF inserted by No. 13/2014 s. 4. 69RF Inspector must not damage equipment An inspector must not operate equipment for a purpose set out in section 69RD or 69RE unless the inspector believes, on reasonable grounds, that the operation can be carried out without damage to the equipment. S. 69RG inserted by No. 13/2014 s. 4. 69RG Inspector may possess alkaloid poppies or poppy straw For the purposes of this Act, an inspector is authorised to have alkaloid poppies or poppy straw in his or her possession in the exercise or performance of any power, function or duty conferred on him or her by this Part or the regulations made under this Part. S. 69RH inserted by No. 13/2014 s. 4. 69RH Inspector has power to detain or seize alkaloid poppies or poppy straw An inspector may detain or seize any alkaloid poppies, poppy straw or material derived from alkaloid poppies or poppy straw and deal with it in accordance with section 69RI if the inspector believes on reasonable grounds that— (a) in the case of a poppy cultivation licence, the licensed grower has contravened this Part or the poppy cultivation licence; or (b) in the case of a poppy processing licence, the licensed processor has contravened this Part or the poppy processing licence; or (c) the relevant licence has been suspended or cancelled under this Part. S. 69RI inserted by No. 13/2014 s. 4. 69RI Procedure on detaining or seizing alkaloid poppies or poppy straw (1) If an inspector detains or seizes any seized material under section 69RH, the inspector must immediately— (a) make a written record of the detention or seizure; and (b) give a detention or seizure receipt to the licensed grower or the licensed processor, as the case requires, that— (i) identifies the seized material taken; and (ii) states the name of the inspector who detained or seized the seized material; and (iii) states the reasons for the detention or seizure; and S. 69RI(1)(c) amended by No. 37/2014 s. 10(Sch. item 47.24). (c) in the case of an inspector who is not a police officer, send a copy of the detention or seizure receipt to the Secretary; and S. 69RI(1)(d) amended by No. 37/2014 s. 10(Sch. item 47.24). (d) in the case of an inspector who is a police officer, send a copy of the detention or seizure receipt to the Chief Commissioner of Police and the Secretary. (2) If an inspector detains or seizes any seized material under section 69RH, the inspector, with any assistance necessary, may take or send the seized material to a place approved by the Secretary for it to be examined, tested or stored. S. 69RI(3) amended by No. 37/2014 s. 10(Sch. item 47.24). (3) This section does not limit or prevent the exercise of any power by a police officer to commence a proceeding in respect of compliance with this Part in relation to any seized material. S. 69RJ inserted by No. 13/2014 s. 4. 69RJ Secretary has power to dispose or deal with seized alkaloid poppies or poppy straw (a) the Secretary is satisfied on reasonable grounds that this Part has been contravened; and (b) the relevant licensed grower or licensed processor has surrendered the seized material to the Secretary and agreed that the Secretary may deal with the seized material. (2) In dealing with seized material to which this section applies, the Secretary may do any of the following— (a) dispose of the seized material; (b) direct the licensed grower or the licensed processor (as the case requires) to dispose of the seized material; (c) harvest and deal with the seized material as appropriate; (d) harvest and destroy the seized material; (e) enter into an agreement with the licensed grower or the licensed processor (as the case requires), or any other person, to deal with the seized material as required in all of the circumstances; (f) anything reasonably necessary to ensure the security of the seized material. S. 69RK inserted by No. 13/2014 s. 4. 69RK Retention and return of seized alkaloid poppies or poppy straw (1) If an inspector seizes any seized material under section 69RH, subject to section 69RJ, the Secretary with any assistance necessary must— (a) take reasonable steps to release or return the seized material to the licensed grower or the licensed processor from whom it was seized or its lawful owner if the reason for its detention or seizure no longer exists; or (b) retain any seized material that is required for evidence in a legal proceeding in a place approved by the Secretary. (2) If the seized material has not been returned to the licensed grower or the licensed processor from whom it was seized or its lawful owner within 3 months after it was seized, the Secretary must take reasonable steps to return it to that licensed grower or licensed processor or lawful owner (as the case requires) unless— (a) proceedings for the purpose for which the seized material was retained have commenced within that 3 month period and those proceedings (including any appeal) have not been completed; or (b) the Magistrates' Court makes an order under section 69RL extending the period during which the seized material may be retained. S. 69RL inserted by No. 13/2014 s. 4. 69RL Magistrates' Court may extend 3 month period (1) The Secretary may apply to the Magistrates' Court for an extension (not exceeding 3 months) of the period during which the seized material may be retained— (a) within 3 months after the seized material is seized under section 69RH; or (b) if an extension has been granted under this section, before the end of the period of the extension. (2) The Magistrates' Court may make an order extending the period that the seized material is to be retained if satisfied that— (c) retention of the seized material is necessary for the purposes of an investigation into whether a contravention of this Part has occurred. (3) At least 7 days prior to the hearing of an application under subsection (1), the Secretary must give notice of the application to the licensed grower or the licensed processor, as the case requires, from whom the alkaloid poppies, poppy straw or material derived from alkaloid poppies or poppy straw were seized or its lawful owner described in the application. S. 69RM inserted by No. 13/2014 s. 4. 69RM Forfeiture, harvest and destruction of alkaloid poppies or poppy straw (1) The Secretary may apply to the Magistrates' Court for a harvest and destruction order if the Secretary— (a) is satisfied on reasonable grounds that a licensed grower or a licensed processor has contravened this Part; and (b) has cancelled the relevant licence. (2) The Magistrates' Court may make an order that the seized material of the licensed grower or the licensed processor, as the case requires, be forfeited to the Crown and be dealt with in accordance with a harvest and destruction order made under subsection (3) if satisfied that— (a) the relevant seized material poses a risk to public health and safety; and (b) in all the circumstances it is appropriate to make a harvest and destruction order in regards to the relevant seized material. (3) The Magistrates' Court may make any of the following harvest and destruction orders (as the case requires)— (a) an order that the relevant seized material be harvested; (b) an order that the relevant seized material be destroyed; (c) an order that the relevant seized material be harvested and destroyed. (4) The Magistrates' Court may— (a) give any direction necessary to enable the Secretary to carry out the harvest and destruction order; and (b) authorise the Secretary to give any appropriate direction to harvest or destroy the seized material (as the case requires) to which the order relates. S. 69RN inserted by No. 13/2014 s. 4. 69RN Recovery of costs If the Secretary incurs any costs in carrying out a harvest and destruction order the Secretary may recover those costs in any court of competent jurisdiction as a debt due to the Crown. S. 69RO inserted by No. 13/2014 s. 4. 69RO Inspector may access ratepayer information (1) For the purposes of exercising a power under this Part, an inspector may require a person having custody of any records relating to ratepayers (within the meaning of the **Local Government Act 1989**) to provide the inspector with— (a) the name and address or other contact details of a ratepayer— (i) who is a licensed grower or a licensed processor; or (ii) who is an applicant for a poppy cultivation licence or a poppy processing licence; or (b) the address or description of any land in respect of which the ratepayer is liable to pay rates and charges under Part 8 of the **Local Government Act 1989** if the ratepayer— (i) is a licensed grower or a licensed processor; or (ii) is an applicant for a licence under this Part. (2) An inspector may make a record of any information provided to the inspector under subsection (1). (3) An inspector must not be charged a fee for anything done, or required to be done, by the inspector under this section. S. 69RP inserted by No. 13/2014 s. 4. 69RP Protection against self-incrimination It is a reasonable excuse for a natural person to refuse or fail to give information or do any other thing that the person is required to do by or under this Part, if the giving of the information or the doing of that thing would tend to incriminate the person. S. 69RQ inserted by No. 13/2014 s. 4. 69RQ Power to issue infringement notices (1) An inspector may serve an infringement notice on a person who the inspector has reason to believe has committed a prescribed offence. (2) An offence referred to in subsection (1) for which an infringement notice may be served is an infringement offence within the meaning of the **Infringements Act 2006**. S. 69RR inserted by No. 13/2014 s. 4. 69RR Infringement penalty The infringement penalty for an offence against this Part is the prescribed infringement penalty in respect of that offence. Division 6—Offences S. 69S inserted by No. 13/2014 s. 4. 69S Offence to fail to report the amendment or cancellation of a contract A licensed grower who holds a poppy cultivation licence under section 69O(1) must report to the Secretary within 3 business days any amendment to a contract registered in the alkaloid poppy register that does one or more of the following— (a) amends the duration of the contract; (b) amends the maximum quantity of alkaloid poppies that may be cultivated under the contract; (c) amends the date the contract expires; (d) cancels the contract. S. 69SA inserted by No. 13/2014 s. 4. 69SA Offence to fail to report amendment or cancellation A licensed processor must inform the Secretary within 10 business days if a Commonwealth licence to manufacture or a Commonwealth licence to export required for the current poppy processing licence held by the licensed processor is amended or cancelled. S. 69SB inserted by No. 13/2014 s. 4. 69SB Offence to fail to report on any change of details of the licensed grower or the licensed processor (1) A licensed grower or a licensed processor must report any specified information referred to in subsection (2) in respect of a poppy cultivation licence or a poppy processing licence to the Secretary within 7 business days. (2) For the purposes of subsection (1), specified information is— (a) any change to the details of the licensed grower or the licensed processor that appears on the poppy cultivation licence or the poppy processing licence; or (b) any associate other than those provided to the Secretary in the application for a poppy cultivation licence or a poppy processing licence; or (c) the signing of a personal insolvency agreement or any declaration of bankruptcy that applies to the licence grower or the licence processor; or (d) any offence that the licensed grower or the licensed processor has been found guilty of by a court in Victoria or elsewhere, after the date of the application for the poppy cultivation licence or the poppy processing licence (as the case requires) was sent to the Secretary; or (e) any serious offence that an associate of the licensed grower or the licensed processor has been found guilty of by a court in Victoria or elsewhere, after the date of the application for the poppy cultivation licence or the poppy processing licence (as the case requires) was sent to the Secretary; or (f) any information that the name of an associate of a licensed grower or a licensed processor provided to the Secretary by the licensed grower or the licensed processor, in a successful application under this Part, has been changed; or (g) the entering by a licensed grower or a licensed processor that is not a natural person into voluntary administration, liquidation or receivership. S. 69SC inserted by No. 13/2014 s. 4. 69SC Offence to fail to surrender licence on suspension or cancellation Within 14 days of the suspension or cancellation of a poppy cultivation licence or a poppy processing licence under section 69QA a person must surrender to the Secretary— (a) the relevant licence; and (b) any related document issued to the person. S. 69SD inserted by No. 13/2014 s. 4. 69SD Offence to contravene a licence (1) A licensed grower must not contravene a prescribed minor term, condition, limitation or restriction to which the poppy cultivation licence is subject. (2) A licensed grower must not contravene the terms, conditions, limitations or restrictions to which the poppy cultivation licence is subject which is not a prescribed minor term, condition, limitation or restriction. (3) A licensed processor must not contravene a prescribed minor term, condition, limitation or restriction to which the poppy processing licence is subject. (4) A licensed processor must not contravene the terms, conditions, limitations or restrictions to which the poppy processing licence is subject which is not a prescribed minor term, condition, limitation or restriction. S. 69SE inserted by No. 13/2014 s. 4. 69SE Offence to fail to prohibit access to premises (1) A licensed grower must not permit any other person to enter the area of land where alkaloid poppies are being cultivated unless that other person is— (a) an employee of the licensed grower who is employed to undertake an activity authorised under the poppy cultivation licence; or (b) a licensed processor; or (c) a party to a contract registered in the alkaloid poppy register with the relevant licensed grower or an employee of the relevant licensed processor. (2) A licensed processor must not permit any other person to enter the specified premises unless that other person is an employee of the licensed processor who is employed— (a) to carry out an activity in the business conducted by a licensed processor under the poppy processing licence; or (b) to undertake an activity authorised under the poppy processing licence. (3) A licensed grower must not permit any other person to enter the area of land where alkaloid poppies are being cultivated unless that other person is accompanied at all times— (a) by the licensed grower; or (b) by an employee of the licensed grower who is employed to undertake an activity authorised under the poppy cultivation licence; or (c) by an inspector. (4) A licensed processor must not permit any other person to enter the specified premises unless the other person is accompanied at all times— (a) by the licensed processor; or (b) by an employee of the licensed processor who is employed to undertake an activity authorised under the poppy processing licence; or (c) by an inspector. S. 69SF inserted by No. 13/2014 s. 4. 69SF Offence to fail to carry and produce identification certificate (1) An employee of a licensed grower or a licensed processor who has been issued with an employee identification certificate must carry the certificate with him or her during the performance of any activity authorised under the relevant licence. (2) An employee of a licensed grower or a licensed processor must produce his or her employee identification certificate on the request of an inspector. S. 69SG inserted by No. 13/2014 s. 4. 69SG Offence to employ disqualified persons under licence (1) A licensed grower must not employ a disqualified person in the business conducted under the poppy cultivation licence. (2) A licensed processor must not employ a disqualified person in the business conducted under the poppy processing licence. S. 69SH inserted by No. 13/2014 s. 4. 69SH Offence for disqualified person to be employed by licensed grower or licensed processor (1) A disqualified person must not accept employment to carry out activities in the business conducted by a licensed grower under a poppy cultivation licence. (2) A disqualified person must not accept employment to carry out activities in the business conducted by a licensed processor under a poppy processing licence. S. 69SI inserted by No. 13/2014 s. 4. 69SI Employee must comply with terms and conditions of licence (1) A licensed grower must take reasonable steps to prevent an employee of the licensed grower contravening the terms, conditions, limitations or restrictions of the poppy cultivation licence and the applicable requirements of this Part in carrying out an activity authorised by the licence. (2) A licensed processor must take reasonable steps to prevent an employee of the licensed processor contravening the terms, conditions, limitations or restrictions of the licence and the applicable requirements of this Part in carrying out an activity authorised by the licence. (3) A licensed grower must take reasonable steps to provide each employee of the licensed grower carrying out an activity authorised under the poppy cultivation licence with sufficient and appropriate information, instruction, training and supervision to be able to carry out that activity in accordance with the licence. (4) A licensed processor must take reasonable steps to provide each employee of the licensed processor carrying out an activity authorised under the poppy processing licence with sufficient and appropriate information, instruction, training and supervision to be able to carry out that activity in accordance with the licence. (5) An employee must cooperate with the licensed grower in relation to any direction given, or action taken, by the licensed grower or by any person authorised by the licensed grower, in order to comply with subsection (1) or (3). (6) An employee must cooperate with the licensed processor in relation to any direction given, or action taken, by the licensed processor or by any person authorised by the licensed processor, in order to comply with subsection (2) or (4). S. 69SJ inserted by No. 13/2014 s. 4. 69SJ Criminal liability of licensed grower or licensed processor—failure to exercise due diligence (1) If an employee of a licensed grower or a licensed processor commits an offence against this Part, the relevant licensed grower or licensed processor also commits an offence against this Part, if the licensed grower or the licensed processor failed to exercise due diligence to prevent the commission of the offence by the employee. (2) A licensed grower or a licensed processor referred to in subsection (1) is liable to a penalty not exceeding the maximum penalty that applies to the offence against this Part committed by the employee. (3) In determining whether a licensed grower or a licensed processor failed to exercise due diligence, a court may have regard to— (a) whether or not the licensed grower or the licensed processor permitted or authorised the act or omission of the employee in the course of his or her employment that constituted the offence against this Part; and (b) what steps the licensed grower or the licensed processor took, or could reasonably have taken, to prevent the commission of the offence by the employee. (4) Without limiting any other defence available to a licensed grower or a licensed processor, the relevant licensed grower or licensed processor may rely on a defence that would be available to the employee of the licensed grower or the licensed processor if (as the case requires)— (a) the employee were charged with the offence with which the licensed grower or the licensed processor is charged; and (b) in doing so, the licensed grower or the licensed processor bears the same burden of proof that the employee would bear. (5) A licensed grower or a licensed processor may commit an offence against this Part whether or not the employee of the licensed grower or the licensed processor, as the case requires, has been prosecuted for, or found guilty of, an offence against this Part. S. 69SK inserted by No. 13/2014 s. 4. 69SK Offence to fail to provide an identification certificate for employees (1) A licensed grower must issue to each employee authorised in respect of the poppy cultivation licence an employee identification certificate that contains the information required under section 69OF(2). (2) A licensed processor must issue to each employee authorised in respect of the poppy processing licence an employee identification certificate that contains the information required under section 69PF(2). S. 69SL inserted by No. 13/2014 s. 4. 69SL Offence to hinder or obstruct inspector (1) A person must not, without reasonable excuse, hinder or obstruct an inspector in the exercise of a power under this Part. (2) A person must not, without reasonable excuse, fail to comply with any direction, requirement or order of an inspector under this Part. S. 69SM inserted by No. 13/2014 s. 4. 69SM Offence to remove detained or seized alkaloid poppies or poppy straw A person must not, while a detention or seizure notice remains in effect, remove the whole or any part of an alkaloid poppy, poppy straw or material derived from an alkaloid poppy or poppy straw to which the notice relates, without the authorisation of the Secretary or an inspector. Division 7—Alkaloid poppy register S. 69T inserted by No. 13/2014 s. 4. 69T Alkaloid poppy register (1) The Secretary must establish and maintain the alkaloid poppy register. (2) The alkaloid poppy register is to contain the following information in respect of each registrable contract— (a) the name of each party to the contract; (b) the location of the specified premises; (c) the date the contract was entered into by the parties; (d) any other relevant information provided by an applicant or licensed grower or licensed processor to an inspector or the Secretary; (e) the details of the relevant poppy cultivation licence or poppy processing licence; (f) any relevant information collected or received by an inspector to determine the compliance of a licensed grower or a licensed processor with this Part; (g) any other prescribed information. S. 69TA inserted by No. 13/2014 s. 4. 69TA Request to register a contract (1) The Secretary, if requested to do so by a licensed grower, may register a contract between the licensed grower and a licensed processor in the alkaloid poppy register if the contract— (a) is a valid contract; and (b) includes details of the specified premises and area of land where it is proposed to cultivate alkaloid poppies; and (c) specifies the period of the contract; and (d) includes any other prescribed particulars (if any). (2) If a licensed grower makes a request under subsection (1), the Secretary must, within 7 days— (a) register the contract; or (b) refuse to register the contract. (3) On making a decision under subsection (2) the Secretary must— (a) notify the licensed grower and the licensed processor who are the parties to the contract of that decision; and (b) provide reasons for the decision if the decision was a refusal under subsection (2)(b). S. 69TB inserted by No. 13/2014 s. 4. 69TB Access to the alkaloid poppy register restricted (1) The Secretary must ensure that the alkaloid poppy register, or any part of the alkaloid poppy register, is only accessed by a prescribed person, or class of prescribed person, who is authorised to do so by the Secretary. (2) The Secretary must ensure that personal information in the alkaloid poppy register is only disclosed in accordance with this Act. S. 69TC inserted by No. 13/2014 s. 4. 69TC Person with access to alkaloid poppy register not to disclose personal information from it (1) Unless a disclosure is authorised under this section, a person authorised to have access to the alkaloid poppy register or any part of the alkaloid poppy register must not disclose to any person the following information in the alkaloid poppy register— (a) any personal information; (b) the location of specified premises; (c) commercial in confidence information. (2) The Secretary or a person authorised to have access to the alkaloid poppy register or any part of the alkaloid poppy register may disclose personal information in the alkaloid poppy register to a Department or public statutory authority— (a) for the purpose of law enforcement; or (b) as required by or under any Act or law; or (c) if the Secretary or a person authorised to have access to the alkaloid poppy register believes on reasonable grounds that to do so is necessary to enable the proper administration of the Act. S. 69TD inserted by No. 13/2014 s. 4. 69TD Delegation The Secretary, by instrument, may delegate any powers or functions of the Secretary under this Part, other than this power of delegation, to a person or class of persons employed under Part 3 of the **Public Administration Act 2004**. Division 8—Review by VCAT S. 69U inserted by No. 13/2014 s. 4. 69U Refusal of licence or renewal of licence on grounds of protected information S. 69U(1) substituted by No. 22/2022 s. 80. (1) If the Chief Commissioner of Police opposes the issuing or renewal of a poppy cultivation licence or a poppy processing licence, or requests the suspension or cancellation of a poppy cultivation licence or a poppy processing licence, wholly or partly based on protected information, the Chief Commissioner of Police may decide— (a) to include the protected information in the reasons given to the Secretary under section 69OA(3)(c), 69OH(3)(c), 69PA(3)(c), 69PH(3)(c) or 69QA(1B)(b) and specify which information is protected information; or (b) not to include the protected information in the reasons given to the Secretary under section 69OA(3)(c), 69OH(3)(c), 69PA(3)(c), 69PH(3)(c) or 69QA(1B)(b) and specify that— (i) some or all of the Chief Commissioner of Police's decision is based on protected information; and (ii) to the extent that the decision is based on protected information, reasons will not be given to the Secretary. S. 69U(2) substituted by No. 22/2022 s. 80. (2) In giving reasons under section 69OB(4)(b)(ii), 69OI(5)(b)(ii), 69PB(4)(b)(ii), 69PI(5)(b)(ii) or 69QA(2)(d)(ii) the Secretary must— (a) not disclose any protected information; and (b) if the Secretary's decision is partially or wholly based on protected information, specify that some or all of the Secretary's decision is based on advice from the Chief Commissioner of Police. (3) Section 8 of the **Administrative Law Act 1978** does not apply to a decision to which this section applies. S. 69UA inserted by No. 13/2014 s. 4. 69UA Review by VCAT (1) A person may apply to VCAT for review of a decision of the Secretary— (a) to refuse to issue a poppy cultivation licence or a poppy processing licence to that person; or S. 69UA(1)(b) repealed by No. 22/2022 s. 81. (c) to refuse to renew a poppy cultivation licence or a poppy processing licence held by that person; or (d) to refuse to register a contract between a licensed grower and a licensed processor in the alkaloid poppy register; or (e) to suspend, cancel or amend a poppy cultivation licence or a poppy processing licence held by that person. (2) An application for review under subsection (1) must be made within 28 days after the later of— (a) the day on which the decision is made; or (b) if, under the **Victorian Civil and Administrative Tribunal Act 1998**, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given. S. 69UB inserted by No. 13/2014 s. 4, amended by No. 22/2022 s. 82 (ILA s. 39B(1)). 69UB VCAT to inquire on grounds for refusal (1) If VCAT receives an application for review under section 69UA(1)(a), (c) or (e), VCAT must enquire of the Secretary whether the grounds for the refusal, suspension, cancellation or amendment were based on any protected information. S. 69UB(2) inserted by No. 22/2022 s. 82. (2) The Secretary must respond to VCAT's enquiry under subsection (1) in writing. S. 69UC inserted by No. 13/2014 s. 4. 69UC Appointment of special counsel S. 69UC(1) substituted by No. 22/2022 s. 83(1). (1) VCAT must appoint a special counsel to represent the interests of the applicant if the Secretary informs VCAT under section 69UB(2) that the decision was based on protected information. S. 69UC(2) amended by No. 22/2022 s. 83(2). (2) A special counsel must be a barrister within the meaning of the Legal Profession Uniform Law (Victoria) who, in the opinion of VCAT, has the appropriate skills and ability to represent the interests of the party at the hearing. (3) At any time before the special counsel attends the hearing or obtains any confidential affidavit in relation to the application for the purpose of obtaining information or instructions from the party or representative in relation to the proceeding the special counsel may communicate with— (a) the party whose interests he or she is representing; or (b) any representative of that party. (4) Subject to section 69UE(3), at any time after the special counsel commences to attend the hearing or obtains any confidential affidavit in relation to the application, the special counsel— (a) must not take instructions from the party whose interests he or she is representing, or from any representative of that party; and (b) must not communicate any other information in relation to the hearing to that party or a representative of that party without leave of VCAT, except to communicate any order made by VCAT at or in relation to the hearing. (5) A special counsel may be required to sign a confidentiality undertaking to VCAT. S. 69UD inserted by No. 13/2014 s. 4. 69UD Procedure for hearing—protected information S. 69UD(1) substituted by No. 22/2022 s. 84(1). (1) If the Secretary informs VCAT under section 69UB(2) that the decision was based on protected information— (a) the Chief Commissioner of Police must be joined as a party to the proceeding; and (b) at the hearing of the application, VCAT must first determine whether or not the information is protected information. S. 69UD(2) amended by No. 22/2022 s. 84(2). (2) For the purposes of making a determination under subsection (1)(b), VCAT must hold the hearing in private. S. 69UD(3) substituted by No. 22/2022 s. 84(3). (3) The following parties are entitled to be present at the hearing under subsection (2)— (a) if protected information was included in the reasons given to the Secretary from the Chief Commissioner of Police under sections 69OA(3)(c), 69OH(3)(c), 69PA(3)(c), 69PH(3)(c) or 69QA(1B)(b), the Secretary, the Chief Commissioner of Police and the special counsel; (b) if no protected information was included in the reasons given to the Secretary from the Chief Commissioner of Police under sections 69OA(3)(c), 69OH(3)(c), 69PA(3)(c), 69PH(3)(c) or 69QA(1B)(b), the Chief Commissioner of Police and the special counsel only. S. 69UD(3A) inserted by No. 22/2022 s. 84(3). (3A) Each party that is entitled to be present at the hearing has a right to make submissions as to whether evidence supporting the grounds for the refusal to issue or to renew the relevant licence, or the cancellation or the suspension of the relevant licence, amounts to protected information. S. 69UD(4) amended by No. 22/2022 s. 84(4). (4) After hearing the parties under subsection (3A), VCAT must decide whether or not any of the evidence adduced amounts to protected information. S. 69UD(5) substituted by No. 22/2022 s. 84(5). (5) If VCAT decides that none of the evidence adduced under subsection (3A) amounts to protected information, VCAT must permit any party to attend the hearing that was excluded under subsection (3). S. 69UE inserted by No. 13/2014 s. 4. 69UE Decision of VCAT where protected information exists S. 69UE(1) substituted by No. 22/2022 s. 85(1). (1) Without limiting any other power of VCAT conferred by or under this Part or any other Act, if VCAT decides that any of the evidence adduced under section 69UD(3A) is protected information, only the following parties are entitled to be present at the hearing of the proceeding to the extent that it relates to that protected information— (a) the Chief Commissioner of Police; (b) the special counsel; (c) if the protected information was given to the Secretary by the Chief Commissioner of Police, the Secretary. S. 69UE(1A) inserted by No. 22/2022 s. 85(1). (1A) Each party that is entitled to be present at the hearing of the proceeding has the right to make submissions as to— (a) the weight that should be given to the evidence supporting the grounds for the refusal to issue or to renew the relevant licence, or the cancellation or the suspension of the relevant licence, that amounts to protected information and any other evidence adduced; and (b) the character of the applicant, being evidence indicating whether the applicant is a fit and proper person to hold a poppy cultivation licence or a poppy processing licence; and (c) whether, in all the circumstances, the poppy cultivation licence or the poppy processing licence should be issued, renewed or re-instated to the applicant. S. 69UE(2) amended by No. 22/2022 s. 85(2)(a). (2) In determining a proceeding that involves protected information, VCAT must decide— (a) what weight to give the protected information and any other evidence adduced; and S. 69UE(2)(ab) inserted by No. 22/2022 s. 85(2)(b). (ab) whether the applicant is a fit and proper person to hold a poppy cultivation licence or a poppy processing licence (as the case requires); and S. 69UE(2)(b) amended by No. 22/2022 s. 85(2)(c). (b) whether, in all the circumstances, the poppy cultivation licence or the poppy processing licence should be issued to the applicant, renewed or reinstated (as the case requires). S. 69UE(3) amended by No. 22/2022 s. 85(3)(a). (3) If VCAT decides under section 69UD(4) that any evidence adduced is protected information— (a) VCAT must take all steps and precautions to prevent release of that information; and S. 69UE(3)(b) substituted by No. 22/2022 s. 85(3)(b). (b) if the special counsel wishes to seek further instructions from the applicant in relation to the protected information, the special counsel must first submit written question to VCAT for approval; and S. 69UE(3)(c) inserted by No. 22/2022 s. 85(3)(b). (c) before approving the written questions under paragraph (b), VCAT must hear submissions from the Chief Commissioner of Police on the content of the questions. (4) Despite section 117 of the **Victorian Civil and Administrative Tribunal Act 1998**, any order issued by VCAT in relation to a decision under this section must only state— (a) whether the decision of the Secretary is upheld or overturned; and (b) if the poppy cultivation licence or the poppy processing licence is not issued, reinstated or renewed (as the case requires), that the applicant or each relevant person in relation to the application has failed to meet the fit and proper person requirements. S. 69UE(5) amended by No. 22/2022 s. 85(4). (5) VCAT may publish reasons for its decision only to the extent that those reasons do not relate to protected information. S. 69UF inserted by No. 13/2014 s. 4. 69UF General provisions for hearing matters involving protected information (1) For the purposes of a hearing to which section 69UD or 69UE applies, VCAT must be constituted by a presidential member. S. 69UF(2) substituted by No. 22/2022 s. 86(1). (2) At any time before a final determination has been made by VCAT in a proceeding under section 69UD or 69UE that involves protected information, the Chief Commissioner of Police may request the Secretary to re-consider the decision to refuse to issue or refuse to renew, or to suspend or cancel, the poppy cultivation licence or the poppy processing licence without relying on any report or decision of the Chief Commissioner of Police that was based on protected information. S. 69UF(2A) inserted by No. 22/2022 s. 86(1). (2A) If the Chief Commissioner of Police makes a request under subsection (2)— (a) the Chief Commissioner of Police must advise VCAT that a request has been made; and (b) VCAT*—* (i) must remit the matter for re‑consideration by the Secretary in accordance with the request; and (ii) may make any orders that VCAT thinks fit; and (c) the Secretary must reconsider the decision as if section 69OA(4), 69OH(4), 69PA(4), 69PH(4) or 69QA(1C) does not apply. S. 69UF(2B) inserted by No. 22/2022 s. 86(1). (2B) If the poppy cultivation licence or the poppy processing licence is issued or renewed or reinstated (as the case requires), the proceeding terminates immediately. (3) The following provisions do not apply to a proceeding for as long as section 69UD or 69UE applies— S. 69UF(3)(a) amended by No. 22/2022 s. 86(2). (a) Subdivision 1 of Division 3 of Part 3 and section 49 of the **Victorian Civil and Administrative Tribunal Act 1998**; (b) section 8 of the **Administrative Law Act 1978**. (4) Subsection (3) does not apply to any extent that the proceedings do not involve protected information. Division 9—Regulations S. 69V inserted by No. 13/2014 s. 4. 69V Regulations (1) The Governor in Council may make regulations for or with respect to the following— (a) the cultivation of alkaloid poppies; (b) the processing of poppy straw; (c) classes of persons that are disqualified persons; (d) prescribing fees or levies to recover any compliance or administrative costs; (e) prescribing terms, conditions, limitations and restrictions to which licences issued under this Part will be subject; (f) particulars to be included in any application for the issue, renewal or amendment of a poppy cultivation licence or a poppy processing licence; (g) restricting, limiting or prohibiting premises, vehicles or machines used or intended to be used in connection with the cultivation and destruction of alkaloid poppies or the processing or destruction of poppy straw; (h) limiting or prohibiting transport of poppy straw, including in relation to specific geographical areas or regions in Victoria; (i) the distance required to separate alkaloid poppies and poppy straw at a specified premises from any other place; (j) matters to be considered by the Secretary in relation to the suitability of specified premises for the cultivation of alkaloid poppies or processing of poppy straw; (k) fencing of specified premises and standard of fencing required to separate alkaloid poppies and poppy straw from a public place or any other premises; (l) requirements of signage at specified premises and information to be displayed at a specified premises, or on equipment or vehicles used for or in connection with the growing or harvesting of alkaloid poppies or the processing of poppy straw; (m) the manner in which searches, detentions and seizures under this Part are to be carried out; (n) records to be kept in relation to alkaloid poppy cultivation or poppy straw processing; (o) prescribing a penalty of not more than 100 penalty units for any contravention of or failure to comply with the regulations made under this Part. (b) differ according to differences in time, place or circumstances; (c) apply to different classes of person and licences; (d) provide for different fees for different activities or classes of activity or different cases or classes of cases; (e) provide for waiver or reduction of fees; (f) in the case of applications for the issue or renewal of licences, specify fees that reflect the cost of administration of, and the provision of, inspection services in connection with this Part; (g) confer powers or discretions or impose duties on the Secretary or an inspector; (h) exempt specified persons or things or classes of person or classes of thing from complying with all or any of the regulations— (ii) either wholly or to such an extent as is specified; and (iii) leave any matter to be required to be undertaken in a manner approved by the Secretary. Pt 5 (Heading and ss 63–69) repealed by No. 10002 s. 6(1)(c)(d). Pt 6 (Heading and ss 70–101) substituted as Pt 5 (Heading and ss 70–80) and Pt 6 (Heading and ss 81–90) by No. 10002 s. 7(1). Pt 5 (Heading) amended by No. 52/2006 s. 7. Part V—Drugs of dependence and related matters S. 70 substituted by No. 10002 s. 7(1). 70 Definitions S. 70(1) amended by No. 101/1986 s. 55(1)(c). (1) In this Part and Part VI, unless inconsistent with the context or subject-matter— S. 70(1) def. of *aggregated commercial quantity* inserted by No. 61/2001 s. 4(1), amended by Nos 52/2006 s. 8(1)–(4), 3/2019 s. 9(a)(b). ***aggregated commercial quantity***, in relation to 2 or more drugs of dependence, means a quantity determined as follows— (a) the quantity of each drug of dependence involved in the alleged offence is determined as a fraction of— (i) in the case of a drug of dependence which is a narcotic plant, the commercial quantity specified in column 2 of Part 2 of Schedule Eleven in respect of that drug of dependence; and (ii) in relation to a drug of dependence the name of which is specified in column 1 of Part 3 of Schedule Eleven— (A) if that drug of dependence is contained in or mixed with another substance and the quantity of that mixture of drug of dependence and other substance is not less than the quantity specified in column 2A of that Part of that Schedule opposite to the name of that drug of dependence, means any amount of that drug of dependence; or (B) in any other case, means the quantity that is specified in column 2 of that Part of that Schedule opposite to the name of that drug of dependence; and (b) the fractions determined under paragraph (a) are added together; and (c) the quantity is an aggregated commercial quantity if the total of those fractions when added together is equal to or greater than the number "1"; **Example 1** **Drug of dependence not contained in or mixed with other substance** Jack is in possession of 40 grams of heroin, 80 grams of amphetamine and 800 grams of tetrahydrocannabinol. The individual commercial quantities for each of those drugs is 50 grams, 100 grams and 1 kilogram respectively (as set out in column 2 of Part 3 of Schedule Eleven), so each of these quantities is not individually a commercial quantity for trafficking. To aggregate the individual quantities, determine the quantities involved as fractions of the specified commercial quantities: 40/50 (heroin), 80/100 (amphetamine) and 800/1000 (tetrahydrocannabinol) ie 4/5 plus 4/5 plus 4/5. The total of the fractions when added together is 12/5 or 2·4 which is a number greater than 1. This is a quantity which is not less than an aggregated commercial quantity of 2 or more drugs of dependence. **Example 2** **Drug of dependence not contained in or mixed with other substance** Jill is in possession of 80 cannabis plants and 800 grams of tetrahydrocannabinol. The individual commercial quantities for each of those drugs is 100 plants and 1 kilogram respectively (as set out in column 2 of Part 2 of Schedule Eleven and column 2 of Part 3 of Schedule Eleven), so each of these quantities is not individually a commercial quantity for trafficking. To aggregate the individual quantities, determine the quantities involved as fractions of the specified commercial quantities: 80/100 (cannabis plants) and 800/1000 (tetrahydrocannabinol) ie 8/10 plus 8/10. The total of the fractions when added together is 16/10 or 1·6 which is a number greater than 1. This is a quantity which is not less than an aggregated commercial quantity of 2 or more drugs of dependence. **Example 3** **Drug of dependence contained in or mixed with other substance** Fred is in possession of 200 grams of a substance containing 120 grams of heroin, 400 grams of a substance containing 200 grams of amphetamine and 8 kilograms of a substance containing 900 grams of tetrahydracannabinol. The individual commercial quantities for a mixture of one of these drugs and another substance (as set out in column 2A of Part 3 of Schedule Eleven), comprise 250 grams for heroin, 500 grams for amphetamine, and 10 kilograms for tetrahydracannabinol, so each of these quantities is not individually a commercial quantity for trafficking. To aggregate the individual quantities, determine the quantities involved as fractions of the specified commercial quantities 200/250 (quantity of mixture of substance and heroin), 400/500 (quantity of mixture of substance and amphetamine), 800/1000 (quantity of mixture of substance and tetrahydrocannabinol) i.e. 4/5 plus 4/5 plus 4/5. The total of these fractions is 12/5 or 2⋅4 which is a number greater than 1. This is a quantity which is not less than an aggregated commercial quantity of 2 or more drugs of dependence. For narcotic plants, quantities are to be calculated on the quantity specified for a drug of dependence in column 2 of Part 2 of Schedule Eleven. Quantities of drugs of dependence contained in or mixed with another substance are to be calculated on the quantities specified in column 2A of Part 3 of Schedule Eleven. In the case of a drug of dependence specified in column 1 of Part 3 of Schedule Eleven, quantities are to be calculated either on the quantity specified for the drug of dependence in column 2 of Part 3 of Schedule Eleven (if that drug is not contained in or mixed with another substance) or on the quantity specified for the drug of dependence in column 2A of Part 3 of Schedule Eleven (if that drug is contained in or mixed with another substance). If a quantity is calculated on a quantity specified in column 2 of Part 3 of Schedule Eleven in respect of a drug of dependence, any other substance contained in or mixed with that drug of dependence is not to be included in the calculation. S. 70(1) def. of *aggregated large commercial quantity* inserted by No. 61/2001 s. 4(1), amended by Nos 52/2006 s. 8(5)–(7), 40/2017 s. 11, 3/2019 s. 9(c)(d). ***aggregated large commercial quantity***, in relation to 2 or more drugs of dependence, means a quantity determined as follows— (a) the quantity of each drug of dependence involved in the alleged offence is determined as a fraction of— (i) in the case of a drug of dependence which is a narcotic plant, the large commercial quantity specified in column 1A of Part 2 of Schedule Eleven in respect of that drug of dependence; and (ii) in relation to a drug of dependence the name of which is specified in column 1 of Part 3 of Schedule Eleven— (A) if that drug of dependence is contained in or mixed with another substance and the quantity of that mixture of drug of dependence and other substance is not less than the quantity specified in column 1B of that Part of that Schedule opposite to the name of that drug of dependence, means any amount of that drug of dependence; or (B) in any other case, means the quantity that is specified in column 1A of that Part of that Schedule opposite to the name of that drug of dependence; and (b) the fractions determined under paragraph (a) are added together; and (c) the quantity is an aggregated large commercial quantity if the total of those fractions when added together is equal to or greater than the number "1"; **Example 1** **Drug of dependence contained in or mixed with other substance** Bill is in possession of 800 grams of a substance containing 250 grams of amphetamine, 450 grams of a substance containing 150 grams of heroin, 450 grams of a substance containing 100 grams of methylamphetamine. The individual large commercial quantities for a mixture of one of these drugs and another substance (as set out in column 1B of Part 3 of Schedule Eleven), comprise 1 kilogram for amphetamine, 750 grams for heroin and 750 grams for methylamphetamine so each of these quantities is not individually a large commercial quantity for trafficking. To aggregate the individual quantities, determine the quantities involved as fractions of the specified large commercial quantities 800/1000 (quantity of mixture of substance and amphetamine), 450/750 (quantity of mixture of substances and heroin), 450/750 (quantity of mixture of substance and methylamphetamine), i.e. 4/5 plus 3/5 plus 3/5. The total of these fractions is 10/5 or 2 which is a number greater than 1. This is a quantity which is not less than an aggregated large commercial quantity of 2 or more drugs of dependence. **Example 2** **Drug of dependence not contained in or mixed with other substance** Fredrica is in possession of 100 grams of heroin, 300 grams of amphetamine, and 450 grams of cocaine. The individual large commercial quantities for each of those drugs (as set out in Column 1A of Part 3 of Schedule Eleven), comprise 500 grams for heroin, 750 grams for amphetamine and 750 grams for cocaine so each of these quantities is not individually a large commercial quantity for trafficking. To aggregate the individual quantities, determine the quantities involved as fractions of the specified large commercial quantities 100/500 (heroin), 300/750 (amphetamine), 450/750 (cocaine), i.e. 1/5 plus 2/5 plus 3/5. The total of these fractions is 6/5 or 1⋅2 which is a number greater than 1. This is a quantity which is not less than an aggregated large commercial quantity of 2 or more drugs of dependence. For narcotic plants, quantities are to be calculated on the quantity specified for a drug of dependence in column 1A of Part 2 of Schedule Eleven. Quantities of drugs of dependence contained in or mixed with another substance are to be calculated on the quantities specified in column 1B of Part 3 of Schedule Eleven. In the case of a drug of dependence specified in column 1 of Part 3 of Schedule Eleven, quantities are to be calculated either on the quantity specified for the drug of dependence in column 1A of Part 3 of Schedule Eleven (if that drug is not contained in or mixed with another substance) or on the quantity specified for the drug of dependence in column 1B of Part 3 of Schedule Eleven (if that drug is contained in or mixed with another substance). If a quantity is calculated on a quantity specified in column 1A of Part 3 of Schedule Eleven in respect of a drug of dependence, any other substance contained in or mixed with that drug of dependence is not to be included in the calculation. S. 70(1) def. of *automatic forfeiture quantity* inserted by No. 63/2003 s. 45. ***automatic forfeiture quantity***, in relation to a drug of dependence the name of which is specified in column 1 of Part 3 of Schedule Eleven, means the quantity of that drug, including any other substance in which it is contained or with which it is mixed, that is specified in column 2B of that Part of that Schedule opposite to the name of that drug of dependence; see the **Confiscation Act 1997**; S. 70(1) def. of *cannabis* amended by No. 101/1986 s. 58(1)(b)(i), substituted by No. 48/1997 s. 37(a). ***cannabis*** means any fresh or dried parts of a plant of the genus Cannabis L; S. 70(1) def. of *child* inserted by No. 48/1997 s. 37(a). ***child*** means a person under 18 years of age; S. 70(1) def. of *commercial quantity* substituted by Nos 48/1997 s. 37(b), 61/2001 s. 4(2). ***commercial quantity***— (a) in relation to a drug of dependence the name of which is specified in column 1 of Part 1 of Schedule Eleven, means the quantity that is specified in column 2 of that Part of that Schedule opposite to the name of that drug of dependence; (b) in relation to a drug of dependence the name of which is specified in column 1 of Part 2 of Schedule Eleven, means the quantity, or the number of plants, that is specified in column 2 of that Part of that Schedule opposite to the name of that drug of dependence; (c) in relation to a drug of dependence the name of which is specified in column 1 of Part 3 of Schedule Eleven— (i) if that drug of dependence is contained in or mixed with another substance and the quantity of that mixture of drug of dependence and other substance is not less than the quantity specified in column 2A of that Part of that Schedule opposite to the name of that drug of dependence, means any amount of that drug of dependence; or (ii) in any other case, means the quantity that is specified in column 2 of that Part of that Schedule opposite to the name of that drug of dependence; (d) in relation to 2 or more drugs of dependence, means an aggregated commercial quantity of those drugs; S. 70(1) def. of *criminal organisation* inserted by No. 3/2019 s. 9(e). ***criminal organisation*** means— (a) an organisation that is a declared organisation under the **Criminal Organisations Control Act 2012**; or (b) an organisation that— (i) has 2 or more members; and (ii) engages in systemic and continuing criminal activity which involves substantial planning; and (iii) has a purpose of obtaining profit, gain, power or influence through that criminal activity; S. 70(1) def. of *cultivate* inserted by No. 61/2001 s. 4(1), amended by No. 52/2006 s. 8(8). ***cultivate***, in relation to a narcotic plant includes— (a) sow a seed of a narcotic plant; or (b) plant, grow, tend, nurture or harvest a narcotic plant; or (c) graft, divide or transplant a narcotic plant; S. 70(1) def. of *large commercial quantity* inserted by No. 61/2001 s. 4(1). ***large commercial quantity*—** (a) in relation to a drug of dependence the name of which is specified in column 1 of Part 2 of Schedule Eleven, means the quantity, or the number of plants, that is specified in column 1A of that Part of that Schedule opposite to the name of that drug of dependence; (b) in relation to a drug of dependence the name of which is specified in column 1 of Part 3 of Schedule Eleven— (i) if that drug of dependence is contained in or mixed with another substance and the quantity of that mixture of drug of dependence and other substance is not less than the quantity specified in column 1B of that Part of that Schedule opposite to the name of that drug of dependence, means any amount of that drug of dependence; or (ii) in any other case, means the quantity that is specified in column 1A of that Part of that Schedule opposite to the name of that drug of dependence; (c) in relation to 2 or more drugs of dependence, means an aggregated large commercial quantity of those drugs; S. 70(1) def. of *narcotic plant* amended by Nos 101/1986 s. 58(1)(b)(ii), 52/2006 s. 8(9). ***narcotic plant*** means any plant the name of which is specified in column 1 of Part 2 of Schedule Eleven and includes a cutting of such a plant, whether or not the cutting has roots; S. 70(1) def. of *public place* inserted by No. 2/2016 s. 4. ***public place*** has the same meaning as it has in section 3 of the **Summary Offences Act** **1966**; S. 70(1) def. of *school* inserted by No. 2/2016 s. 4. ***school*** has the same meaning as it has in section 1.1.3 of the **Education and Training Reform Act 2006**; S. 70(1) def. of *small quantity* amended by Nos 101/1986 s. 58(1)(b)(iii), 48/1997 s. 37(c). ***small quantity***— (a) in relation to any fresh or dried parts of a plant of the genus Cannabis L, means the quantity that is specified in column 4 of Part 2 of Schedule Eleven opposite to the name Cannabis L specified in column 1 of that part of that Schedule; and (b) in relation to any drug of dependence the name of which is specified in column 1 of Part 3 of Schedule Eleven, means the quantity of that drug, including any other substance in which it is contained or with which it is mixed, that is specified in column 4 of that Part of that Schedule opposite to the name of that drug of dependence; ***traffick*** in relation to a drug of dependence includes— (a) prepare a drug of dependence for trafficking; (b) manufacture a drug of dependence; or (c) sell, exchange, agree to sell, offer for sale or have in possession for sale, a drug of dependence; S. 70(1) def. of *traffickable quantity* substituted by No. 48/1997 s. 37(d), amended by No. 52/2006 s. 8(10). ***traffickable quantity***, in relation to a drug of dependence— (a) the name of which is specified in column 1 of Part 1 of Schedule Eleven, means the quantity that is specified in column 3 of that Part of that Schedule opposite to the name of that drug of dependence; (b) the name of which is specified in column 1 of Part 2 of Schedule Eleven, means the quantity, or the number of plants, that is specified in column 3 of that Part of that Schedule opposite to the name of that drug of dependence; (c) the name of which is specified in column 1 of Part 3 of Schedule Eleven— (i) if that drug of dependence is contained in or mixed with another substance and the quantity of that mixture of drug of dependence and other substance is not less than the quantity specified in column 3 of that Part of that Schedule opposite to the name of that drug of dependence, means any amount of that drug of dependence; or (ii) in any other case, means the quantity that is specified in column 3A of that Part of that Schedule opposite to the name of that drug of dependence; ***use*** in relation to a drug of dependence means— (a) smoke a drug of dependence; (b) inhale the fumes caused by heating or burning a drug of dependence; or (c) introduce a drug of dependence into the body of a person. S. 70(2) amended by No. 18/2000 s. 105(c). (2) The provisions of section 4(2) and (3) and the interpretations of ***manufacture***, ***sell*** and ***supply*** in section 4(1) do not apply to this Part. S. 71 substituted by No. 10002 s. 7(1), amended by Nos 56/1989 s. 286(Sch. 2 item 9), 48/1997 ss 38(1) (2)(a)(b), 41(1)(a)(b), substituted by No. 61/2001 s. 5, amended by No. 52/2014 s. 18 (ILA s. 39B(1)). 71 Trafficking in a drug or drugs of dependence—large commercial quantity S. 71(1) amended by Nos 20/2016 s. 119, 61/2017 s. 128, 34/2019 s. 21. (1) A person who, without being authorized by or licensed under this Act or the regulations or the **Voluntary Assisted Dying Act 2017** or the regulations under that Act to do so, trafficks or attempts to traffick in a quantity of a drug of dependence or of 2 or more drugs of dependence that is not less than the large commercial quantity applicable to that drug of dependence or those drugs of dependence is guilty of an indictable offence and liable— Note to s. 71(1) inserted by No. 55/2014 s. 50, substituted as Notes by No. 65/2016 s. 21(1). 1 An offence against subsection (1) is a category 1 offence under the **Sentencing Act 1991**. See section 5(2G) of that Act for the requirement to impose a custodial order for this offence. 2 An offence against subsection (1) is a serious drug offence for the purposes of the **Confiscation Act 1997**. On the conviction of a person for a serious drug offence, the court must make an order under section 89DI of the **Sentencing Act 1991** declaring the person to be a serious drug offender. S. 71(2) inserted by No. 52/2014 s. 18, repealed by No. 34/2017 s. 16, new s. 71(2) inserted by No. 34/2017 s. 37. (2) The standard sentence for an offence under subsection (1) (other than one constituted by an attempt to traffick) is 16 years. See sections 5A and 5B of the **Sentencing Act 1991** as to standard sentences. S. 71AA inserted by No. 61/2001 s. 5, amended by Nos 20/2016 s. 120, 3/2019 s. 10(1)(2) (ILA s. 39B(1)). 71AA Trafficking in a drug or drugs of dependence—commercial quantity S. 71AA(1) amended by Nos 61/2017 s. 129, 34/2019 s. 22(1). (1) Subject to subsection (2), a person who, without being authorized by or licensed under this Act or the regulations or the **Voluntary Assisted Dying Act 2017** or the regulations under that Act to do so, trafficks or attempts to traffick in a quantity of a drug of dependence or of 2 or more drugs of dependence that is not less than the commercial quantity applicable to that drug of dependence or those drugs of dependence is guilty of an indictable offence and liable to level 2 imprisonment (25 years maximum). S. 71AA(2) inserted by No. 3/2019 s. 10(2), amended by Nos 3/2019 s. 18, 34/2019 s. 22(2). (2) A person who, without being authorized by or licensed under this Act or the regulations or the **Voluntary** **Assisted Dying Act 2017** or the regulations under that Act to do so, trafficks or attempts to traffick in a quantity of a drug of dependence or of 2 or more drugs of dependence that is not less than the commercial quantity applicable to that drug of dependence or those drugs of dependence for the benefit of or at the direction of a criminal organisation is guilty of an indictable offence and liable— Note to s. 71AA inserted by No. 65/2016 s. 21(2), substituted as Notes by No. 3/2019 s. 10(3). 1 An offence against subsection (1) is a category 2 offence under the **Sentencing Act 1991**. See subsection (2H) of section 5 of that Act for the requirement to impose a custodial order for this offence unless the circumstances set out in paragraphs (a) to (e) of that subsection exist. 2 An offence against subsection (2) is a category 1 offence under the **Sentencing Act 1991**. See section 5(2G) of that Act for the requirement to impose a custodial order for this offence. 3 An offence against subsection (2) is a serious drug offence for the purposes of the **Confiscation Act 1997**. On the conviction of a person for a serious drug offence, the court must make an order under section 89DI of the **Sentencing Act 1991** declaring the person to be a serious drug offender. S. 71AB inserted by No. 61/2001 s. 5, amended by No. 2/2016 s. 5(1)(2) (ILA s. 39B(1)). 71AB Trafficking in a drug of dependence to a child S. 71AB(1) amended by Nos 20/2016 s. 121, 34/2019 s. 23. (1) Subject to subsection (2), a person who, without being authorized by or licensed under this Act or the regulations to do so, trafficks or attempts to traffick in a drug of dependence to a child is guilty of an indictable offence and liable to level 3 imprisonment (20 years maximum). S. 71AB(2) inserted by No. 2/2016 s. 5(2), amended by Nos 20/2016 s. 121, 34/2019 s. 23. (2) A person who, without being authorised by or licensed under this Act or the regulations to do so, trafficks or attempts to traffick in a drug of dependence to a child at a school or in a public place within 500 metres of a school is guilty of an indictable offence and liable to level 2 imprisonment (25 years maximum). S. 71AC inserted by No. 61/2001 s. 5, amended by No. 2/2016 s. 6(1)(2) (ILA s. 39B(1)). 71AC Trafficking in a drug of dependence S. 71AC(1) amended by Nos 20/2016 s. 122, 61/2017 s. 130(1), 34/2019 s. 24. (1) Subject to subsection (2), a person who, without being authorized by or licensed under this Act or the regulations or the **Voluntary Assisted Dying Act 2017** or the regulations under that Act to do so, trafficks or attempts to traffick in a drug of dependence is guilty of an indictable offence and liable to level 4 imprisonment (15 years maximum). S. 71AC(2) inserted by No. 2/2016 s. 6(2), amended by Nos 20/2016 s. 122, 61/2017 s. 130(2), 34/2019 s. 24. (2) A person who, without being authorised by or licensed under this Act or the regulations or the **Voluntary Assisted Dying Act 2017** or the regulations under that Act to do so, trafficks or attempts to traffick in a drug of dependence at a school or in a public place within 500 metres of a school is guilty of an indictable offence and liable to level 3 imprisonment (20 years maximum). S. 71AD inserted by No. 2/2016 s. 7. 71AD Use of violence or threats to cause trafficking in drug of dependence (1) A person must not intentionally cause another person to traffick in a drug of dependence by— (a) threatening to harm that person or another person; or (b) using violence against that person or another person. Penalty: Level 6 imprisonment (5 years maximum). (2) Nothing in subsection (1) prevents a person who trafficks a drug of dependence in the circumstances specified in that subsection from being liable for any offence of trafficking under this Part. (3) Nothing in this section limits or affects the operation of— (a) section 79 or 80; or (b) section 322O, 322P, 323 or 324 of the **Crimes Act 1958**. S. 71A inserted by No. 48/1997 s. 39, amended by No. 52/2006 s. 9(1) (ILA s. 39B(1)).