NORTHERN TERRITORY OF AUSTRALIA
HEMP INDUSTRY ACT 2019
As in force at 25 May 2022
Table of provisions
Part 1 Preliminary matters
1 Short title ......................................................................................... 1
2 Commencement .............................................................................. 1
3 Definitions ........................................................................................ 1
4 Meaning of associate ....................................................................... 3
5 Act binds Crown .............................................................................. 3
6 Application of Criminal Code ........................................................... 4
7 Interaction with Narcotic Drugs Act 1967 (Cth) ................................ 4
Part 2 Licences
Division 1 Applications and conditions
8 Types of licence............................................................................... 4
9 Application for licence ...................................................................... 5
10 Investigation of application .............................................................. 5
11 Eligibility of applicant ....................................................................... 6
12 Suitability of applicant ...................................................................... 6
13 Determination of application ............................................................ 7
14 Duration of licence ........................................................................... 7
15 Conditions of licence ....................................................................... 7
16 Contravention of licence condition ................................................... 7
17 Amendment of licence condition ...................................................... 8
18 Renewal of licence .......................................................................... 8
Division 2 Suspension, cancellation and review
19 Suspension or cancellation of licence .............................................. 9
20 Action after suspension or cancellation ........................................... 9
21 Review by NTCAT ......................................................................... 10
22 Classified information .................................................................... 10
Part 3 Enforcement
Division 1 Inspectors
23 Appointment of inspectors ............................................................. 11
24 Identity cards ................................................................................. 11
25 Production of identity card ............................................................. 12
26 Return of identity card ................................................................... 12
Hemp Industry Act 2019 ii
Division 2 Powers of inspectors
27 Power to require information.......................................................... 12
28 Power to enter place ...................................................................... 13
29 Powers on entry............................................................................. 13
30 Power to seize hemp ..................................................................... 13
31 Power to possess hemp ................................................................ 14
Division 3 Other offences
32 Obstruction of inspector ................................................................. 14
33 Misleading information ................................................................... 14
34 Falsely representing to be inspector .............................................. 15
35 Offence to disclose certain information .......................................... 16
Division 4 Legal proceedings
36 Authority to prosecute .................................................................... 16
37 Time for commencing proceedings................................................ 17
38 Evidentiary certificates ................................................................... 17
Part 4 Miscellaneous
39 Hemp industry register .................................................................. 17
40 Approved forms ............................................................................. 18
41 Delegation ..................................................................................... 18
42 Acquisition on just terms ................................................................ 18
43 Protection from liability .................................................................. 18
44 Regulations.................................................................................... 19
Schedule Reviewable decisions and affected
persons
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
As in force at 25 May 2022
HEMP INDUSTRY ACT 2019
An Act to regulate the development and operation of a hemp industry
Part 1 Preliminary matters
1 Short title
This Act may be cited as the Hemp Industry Act 2019.
2 Commencement
This Act commences on the day fixed by the Administrator by
Gazette notice.
3 Definitions
In this Act:
acting in an official capacity, in relation to the CEO or an
inspector, means the CEO or inspector is exercising powers or
performing functions under, or otherwise related to the
administration of, this Act.
applicant means a person who makes an application under Part 2,
Division 1.
approved form means a form approved under section 40.
associate, of an applicant or a licensee, see section 4.
at, in relation to a place, includes on and in the place.
CEO means the Chief Executive Officer.
classified information means information that is classified by the
Commissioner of Police as criminal intelligence under the Serious
Crime Control Act 2009.
Part 1 Preliminary matters
Hemp Industry Act 2019 2
cultivate includes the following:
(a) plant a seed, seedling or cutting;
(b) promote, maintain or improve the growth of a plant;
(c) harvest a plant or any part of a plant;
(d) use a plant tissue culture technique.
executive officer, of a body corporate, means a director or other
person who is concerned with, or takes part in, the management of
the body corporate.
hemp means a plant, or a part or product of a plant, of the genus
Cannabis.
inspector, see section 23(1).
licence means a licence issued under this Act.
licensee means the holder of a licence.
low THC hemp means any of the following:
(a) a hemp plant with a THC concentration in the leaves and
flowering heads of not more than 1%;
(b) a part or product of a plant referred to in paragraph (a).
Examples for definition low THC hemp
A part of the plant includes the seed and a product of the plant includes fibre
made from the plant or oil made from the seed.
place includes the following:
(a) land;
(b) a permanent or temporary building or structure on land;
(c) a vehicle, vessel or aircraft.
supply means do or offer to do any of the following:
(a) distribute, give, sell, trade or transport, whether or not for
valuable consideration;
(b) an act for, to prepare for, or to further an act referred to in
paragraph (a).
Part 1 Preliminary matters
Hemp Industry Act 2019 3
THC means tetrahydrocannabinol.
Note for section 3
The Interpretation Act 1978 contains definitions and other provisions that may be
relevant to this Act.
4 Meaning of associate
(1) A person is an associate of an applicant or a licensee if:
(a) the person holds or will hold any relevant position, including
on behalf of someone else, in the applicant or licensee's
business; or
(b) the CEO is satisfied that the person is or will be able to
exercise a significant influence in relation to the conduct of the
applicant or licensee's business because:
(i) the person holds or will hold any share in the capital of
the business or any entitlement to receive any income
derived from the business; or
(ii) the person is or will be entitled to exercise any relevant
power in the business, including on behalf of someone
else.
(2) In this section:
relevant position, in relation to a business, means any position
(however described) whose holder is concerned with, or takes part
in, the management of the business.
relevant power, in relation to a business, means any power,
whether exercisable by voting or otherwise and whether exercisable
alone or with others:
(a) to participate in any directorial, managerial or executive
decision for the business; or
(b) to elect or appoint any person to any relevant position in the
business.
5 Act binds Crown
This Act binds the Crown in right of the Territory and, to the extent
the legislative power of the Legislative Assembly permits, the
Crown in all its other capacities.
Part 2 Licences
Division 1 Applications and conditions
Hemp Industry Act 2019 4
6 Application of Criminal Code
Part IIAA of the Criminal Code applies to an offence against this
Act.
Note for section 6
Part IIAA of the Criminal Code states the general principles of criminal
responsibility, establishes general defences, and deals with burden of proof. It
also defines, or elaborates on, certain concepts commonly used in the creation of
offences.
7 Interaction with Narcotic Drugs Act 1967 (Cth)
This Act does not authorise the exercise of a power or the
performance of a function that would be inconsistent with the
Narcotic Drugs Act 1967 (Cth) or the regulations made or directions
given under that Act.
Part 2 Licences
Division 1 Applications and conditions
8 Types of licence
(1) A commercial licence authorises the licensee to possess, cultivate,
process or supply low THC hemp for commercial purposes.
(2) A class A research licence authorises the licensee to possess,
cultivate, process or supply low THC hemp for scientific research,
instruction, analysis or study purposes.
(3) A class B research licence authorises the licensee to possess,
cultivate, process or supply hemp for scientific research, instruction,
analysis or study purposes.
(4) While the licence is in force, any of the following persons may carry
out the activities authorised by the licence in accordance with the
conditions of the licence:
(a) the licensee;
(b) a contractor of the licensee, in accordance with the terms of
the contract with the licensee;
(c) an employee of the licensee, or of a contractor of the licensee,
in accordance with the employee's terms of employment.
Part 2 Licences
Division 1 Applications and conditions
Hemp Industry Act 2019 5
9 Application for licence
(1) A person may apply to the CEO for a licence.
(2) The application must be:
(a) made in the approved form; and
(b) accompanied by the prescribed fee; and
(c) accompanied by any other documents or information required
by the CEO under section 10.
(3) The CEO may treat the application as having been withdrawn if an
applicant fails to comply with a requirement made under section 10.
(4) The withdrawal of an application does not prevent a further
application being made by the applicant.
10 Investigation of application
(1) The CEO may carry out any investigation that the CEO considers
necessary to determine the application.
(2) The CEO may, by written notice, require an applicant to do any of
the following within a reasonable period specified in the notice:
(a) provide documents or information relevant to the investigation
of the application as specified in the notice;
(b) provide authorities and consents to enable the CEO to obtain
financial or other confidential information about the applicant
from other persons.
(3) The CEO must give a copy of the application and any
accompanying documents or information to the Commissioner of
Police.
(4) The Commissioner of Police must inquire into and report to the
CEO on any matters concerning the application:
(a) that the CEO requests; and
(b) that the Commissioner believes are appropriate or reasonably
necessary.
(5) The Commissioner of Police must give the CEO written notice of
the Commissioner's decision to support or oppose the application,
including reasons for the decision, within 60 days after receiving the
application, documents or information under subsection (3).
Part 2 Licences
Division 1 Applications and conditions
Hemp Industry Act 2019 6
(6) If the CEO is notified that the Commissioner of Police opposes the
application, the CEO must refuse to issue the licence to the
applicant.
11 Eligibility of applicant
(1) An individual is eligible to hold a licence if the individual:
(a) ordinarily resides in Australia; and
(b) is not affected by bankruptcy action.
(2) A body corporate is eligible to hold a licence if none of its executive
officers are affected by bankruptcy action.
(3) In this section:
affected by bankruptcy action, for an individual, means the
individual has:
(a) become bankrupt; or
(b) applied to take the benefit of any law for the relief of bankrupt
or insolvent debtors; or
(c) compounded with creditors or made an assignment of
remuneration for their benefit.
12 Suitability of applicant
(1) The CEO must not issue a licence unless the CEO is satisfied that:
(a) the applicant is a suitable person to hold a licence; and
(b) if the applicant is a body corporate – each executive officer of
the applicant is a suitable person to hold a licence; and
(c) if the regulations prescribe other suitability requirements – the
applicant satisfies the prescribed requirements.
(2) In deciding whether a person is a suitable person, the CEO may
consider any of the following:
(a) the character, honesty and integrity of the person and any of
the person's associates;
(b) the criminal history of the person and any of the person's
associates;
(c) whether the person or any of the person's associates has a
history of non-compliance with this Act;
Part 2 Licences
Division 1 Applications and conditions
Hemp Industry Act 2019 7
(d) the financial circumstances of the applicant;
(e) any other matter that may significantly limit the applicant's
capacity to comply with any condition of the licence.
(3) An applicant is not a suitable person to hold a class B research
licence unless the CEO is satisfied that:
(a) the applicant has the necessary resources, qualifications and
experience to carry out the activities authorised by the
licence; or
(b) if the applicant is a body corporate – the body corporate has
the necessary resources, and employs an individual who has
the necessary qualifications and experience, to carry out the
activities authorised by the licence.
13 Determination of application
(1) The CEO must determine the application by issuing or refusing to
issue a licence to the applicant.
(2) If the CEO refuses to issue the licence, the CEO must give the
applicant written notice of the decision.
14 Duration of licence
A licence continues in force for up to 5 years as specified in the
licence, unless it is sooner suspended or cancelled.
15 Conditions of licence
(1) A licence is subject to the conditions prescribed by the regulations.
(2) The CEO may impose conditions on a licence at any time by written
notice to the licensee.
(3) A licence is not transferable.
16 Contravention of licence condition
(1) A person commits an offence if:
(a) the person is a licensee; and
(b) the person's licence is subject to a condition prescribed or
imposed under this Act; and
(c) the person intentionally engages in conduct; and
Part 2 Licences
Division 1 Applications and conditions
Hemp Industry Act 2019 8
(d) the conduct results in a contravention of the condition and the
person is reckless in relation to the result.
Maximum penalty: 100 penalty units or imprisonment for
12 months.
(2) Strict liability applies to subsection (1)(a) and (b).
17 Amendment of licence condition
(1) The CEO may amend or revoke a condition of a licence at any time
by written notice to the licensee.
(2) The CEO may exercise a power under subsection (1) on application
by the licensee or on the CEO's own initiative.
(3) The application must be:
(a) made in the approved form; and
(b) accompanied by the prescribed fee; and
(c) if the regulations prescribe other documents or information to
accompany the application – accompanied by the prescribed
documents or information.
(4) If the CEO refuses to amend or revoke a condition on application by
a licensee, the CEO must give the licensee written notice of the
decision.
18 Renewal of licence
(1) A licensee may apply to the CEO for renewal of a licence.
(2) Sections 10 to 13 apply to an application for renewal of a licence as
if it were an application for a licence to be issued.
(3) The application must be:
(a) made in the approved form at least 60 days before the licence
is due to expire; and
(b) accompanied by the prescribed fee; and
(c) accompanied by any other documents or information required
by the CEO under section 10.
(4) If a licensee applies for renewal of a licence in accordance with this
section, the licence is taken to continue in force from the day it
would have expired to the day the application is determined.
Part 2 Licences
Division 2 Suspension, cancellation and review
Hemp Industry Act 2019 9
Division 2 Suspension, cancellation and review
19 Suspension or cancellation of licence
(1) The CEO must, by written notice, suspend or cancel a licence if the
CEO:
(a) is no longer satisfied that the licensee is eligible to hold a
licence; or
(b) is no longer satisfied about any of the matters referred to in
section 12(1); or
(c) is satisfied that the licensee obtained the licence by fraud or
misrepresentation.
(2) The CEO may, by written notice, suspend or cancel a licence:
(a) at the written request of the licensee; or
(b) if satisfied that the licensee has contravened a condition of the
licence; or
(c) if the Commissioner of Police requests suspension or
cancellation of the licence on the basis of classified
information concerning the licensee; or
(d) for any other reason prescribed by the regulations.
(3) The CEO must notify the Commissioner of Police if a licence is
suspended or cancelled.
20 Action after suspension or cancellation
(1) While a licence is suspended, the persons who were authorised
under section 8(4) to carry out activities under the licence may,
despite the suspension:
(a) continue to possess any hemp that is in their possession on
the day the licence is suspended; and
(b) cultivate existing hemp plants that are in their possession on
the day the licence is suspended.
(2) The persons referred to in subsection (1) are not authorised to carry
out any other activities not specified under subsection (1) in relation
to hemp that is in their possession on the day the licence is
suspended.
(3) No compensation is payable by the Territory because of the
suspension.
Part 2 Licences
Division 2 Suspension, cancellation and review
Hemp Industry Act 2019 10
(4) A licensee may surrender hemp produced under a licence to the
CEO on suspension or cancellation of the licence and the
surrendered hemp must be dealt with in accordance with the
regulations.
21 Review by NTCAT
(1) NTCAT has jurisdiction to review a decision (a reviewable
decision) specified in the Schedule.
(2) An affected person, for a reviewable decision, is a person
specified in the Schedule for the decision.
(3) An affected person for a reviewable decision may apply to NTCAT
for review of the decision.
Note for section 21
The Northern Territory Civil and Administrative Tribunal Act 2014 sets out the
procedure for applying to NTCAT for review and other relevant matters in relation
to reviews.
22 Classified information
(1) Classified information may not be disclosed to any person other
than the CEO, the Minister, NTCAT, a court or a person to whom
the Commissioner of Police authorises its disclosure.
(2) Despite section 35 of the Northern Territory Civil and Administrative
Tribunal Act 2014, if the Commissioner of Police opposes an
application or requests the suspension or cancellation of a licence
on the basis of classified information, the CEO is not required to
give any reasons for refusing to issue or renew a licence or for
suspending or cancelling a licence, other than that the decision was
made in the public interest.
(3) In any proceeding under this Act, NTCAT or a court:
(a) must, on the application of the Commissioner of Police, take
steps to maintain the confidentiality of classified information,
including steps to receive evidence and hear argument about
the information in private in the absence of the parties to the
proceedings and their representatives; and
(b) may take evidence consisting of or relating to classified
information by way of affidavit of a police officer of or above
the rank of superintendent.
Part 3 Enforcement
Division 1 Inspectors
Hemp Industry Act 2019 11
Part 3 Enforcement
Division 1 Inspectors
23 Appointment of inspectors
(1) An inspector is:
(a) a person appointed as an inspector under subsection (2); or
(b) a police officer.
(2) The CEO may, in writing, appoint a public sector employee to be an
inspector.
(3) The CEO must not appoint a person to be an inspector unless
satisfied that the person has the skills, qualifications, training and
experience to properly perform the functions of an inspector.
(4) A police officer has the powers and functions of an inspector under
this Act.
(5) A power conferred by this Act on a police officer is in addition to,
and does not limit, any other power the officer may have under any
other law in force in the Territory.
24 Identity cards
(1) The CEO must give an inspector who is not a police officer an
identity card stating the person's name and that the person is an
inspector.
(2) The identify card must:
(a) show a recent photograph of the inspector; and
(b) show the card's date of issue and expiry; and
(c) be signed by the inspector.
(3) This section does not prevent the issue of a single identity card to a
person for this and any other Act.
(4) For an inspector who is a police officer, a reference in this Act to an
identity card includes a reference to the officer's police
identification.
Part 3 Enforcement
Division 2 Powers of inspectors
Hemp Industry Act 2019 12
25 Production of identity card
An inspector exercising a power or performing a function under this
Act in relation to a person must, if asked by the person, produce the
inspector's identity card for the person's inspection.
26 Return of identity card
(1) A person who ceases to be an inspector appointed under
section 23(2) must return the person's identity card to the CEO
within 21 days after the cessation.
Maximum penalty: 20 penalty units.
(2) An offence against subsection (1) is an offence of strict liability.
Division 2 Powers of inspectors
27 Power to require information
(1) An inspector may require a person:
(a) to state the person's name and address if the inspector
believes on reasonable grounds that the person has
committed, is committing or is about to commit an offence
against this Act; or
(b) to provide specified documents or information to the inspector
to enable the inspector to determine whether a licensee is
complying with the licensee's licence or this Act.
(2) A person commits an offence if the person contravenes a
requirement given under subsection (1).
Maximum penalty: 50 penalty units.
(3) An offence against subsection (2) is an offence of strict liability.
(4) Subsection (2) does not apply if:
(a) the inspector did not produce the inspector's identity card for
inspection by the person if asked; or
(b) the inspector did not, before giving the requirement, warn the
person that failure to comply with the requirement is an
offence.
Note for subsection (4)
The defendant has an evidential burden in relation to the matters mentioned (see
section 43BU of the Criminal Code).
Part 3 Enforcement
Division 2 Powers of inspectors
Hemp Industry Act 2019 13
28 Power to enter place
An inspector may, at any reasonable time, enter a place occupied
by a licensee, other than a place used as a residence, to determine
whether the licensee is complying with the licensee's licence or this
Act.
29 Powers on entry
(1) An inspector who enters a place under section 28 may do any of
the following:
(a) inspect the place or anything at the place;
(b) take copies of, or extracts from, documents at the place;
(c) take photographs or make other recordings of the place or
anything at the place;
(d) take measurements of, or conduct tests in relation to, the
place or anything at the place;
(e) subject to the requirements prescribed by the regulations –
take and remove samples for analysis from the place or
anything at the place;
(f) subject to section 30 – seize hemp at the place;
(g) require a person at the place to do any of the following:
(i) answer questions asked by the inspector;
(ii) produce documents to the inspector;
(iii) give the inspector reasonable help to exercise the
inspector's powers under this Act.
(2) A person given a requirement under subsection (1)(g) must take
reasonable steps to comply with the requirement.
Maximum penalty: 100 penalty units.
(3) An offence against subsection (2) is an offence of strict liability.
30 Power to seize hemp
(1) An inspector may seize hemp if:
(a) the inspector believes on reasonable grounds that the
licensee has contravened a provision of this Act; or
Part 3 Enforcement
Division 3 Other offences
Hemp Industry Act 2019 14
(b) the hemp is required for evidence in a proceeding; or
(c) the licensee's licence is suspended or cancelled.
(2) Material seized under this section must be dealt with in accordance
with the regulations.
31 Power to possess hemp
An inspector is authorised to possess hemp in the exercise of any
power or the performance of any function under this Act.
Division 3 Other offences
32 Obstruction of inspector
(1) A person commits an offence if:
(a) the person intentionally obstructs another person; and
(b) the other person is an inspector; and
(c) the inspector is acting in an official capacity and the person
has knowledge of that circumstance.
Maximum penalty: 100 penalty units or imprisonment for
12 months.
(2) Strict liability applies to subsection (1)(b).
(3) In this section:
obstruct includes hinder and resist.
33 Misleading information
(1) A person commits an offence if:
(a) the person intentionally gives information to another
person; and
(b) the other person is the CEO or an inspector; and
(c) the information is misleading and the person has knowledge of
that circumstance; and
(d) the CEO or inspector is acting in an official capacity and the
person has knowledge of that circumstance.
Maximum penalty: 100 penalty units or imprisonment for
12 months.
Part 3 Enforcement
Division 3 Other offences
Hemp Industry Act 2019 15
(2) A person commits an offence if:
(a) the person intentionally gives a document to another
person; and
(b) the other person is the CEO or an inspector; and
(c) the document contains misleading information and the person
has knowledge of that circumstance; and
(d) the CEO or inspector is acting in an official capacity and the
person has knowledge of that circumstance.
Maximum penalty: 100 penalty units or imprisonment for
12 months.
(3) Strict liability applies to subsections (1)(b) and (2)(b).
(4) It is a defence to a prosecution for an offence against
subsections (1) or (2) if the person, when giving the information or
document:
(a) draws the misleading aspect of the information or document to
the CEO or inspector's attention; and
(b) to the extent to which the person can reasonably do so – gives
the CEO or inspector the information necessary to remedy the
misleading aspect of the information or document.
Note for subsection (4)
The defendant has an evidential burden in relation to the matters mentioned (see
section 43BU of the Criminal Code).
(5) In this section:
misleading information means information that is misleading in a
material particular or because of the omission of a material
particular.
34 Falsely representing to be inspector
A person commits an offence if the person:
(a) intentionally represents, by words or conduct, that the person
or another person is an inspector; and
(b) knows the representation is false.
Maximum penalty: 100 penalty units or imprisonment for
12 months.
Part 3 Enforcement
Division 4 Legal proceedings
Hemp Industry Act 2019 16
35 Offence to disclose certain information
(1) A person commits an offence if:
(a) the person obtains information in the course of performing a
function connected with the administration of this Act or
exercising a power under this Act; and
(b) the information is confidential and the person is reckless in
relation to that circumstance; and
(c) the person intentionally engages in conduct; and
(d) the conduct results in the disclosure of the information and the
disclosure is not:
(i) for a purpose connected with the administration of this
Act, including a legal proceeding arising out of the
operation of this Act; or
(ii) to a person who is otherwise entitled to the
information; and
(e) the person is reckless in relation to the result and
circumstance referred to in paragraph (d).
Maximum penalty: 200 penalty units or imprisonment for
2 years.
(2) Strict liability applies to subsection (1)(a).
(3) If the information referred to in subsection (1) relates to a person, it
is a defence to a charge for an offence against that subsection if the
person has consented to the disclosure of the information.
Note for subsection (3)
In addition to the circumstances mentioned in this section, a person who
discloses information mentioned in this section will not be criminally responsible
for an offence if the disclosure is justified or excused by or under a law (see
section 43BE of the Criminal Code).
Division 4 Legal proceedings
36 Authority to prosecute
(1) A proceeding for an offence against this Act must not be
commenced without the approval of the CEO or a person
authorised by the CEO.
Part 4 Miscellaneous
Hemp Industry Act 2019 17
(2) Approval may be given in relation to a particular case or class of
case.
(3) A document purporting to be the approval of the CEO, or person
authorised, is evidence of that approval.
(4) Subsection (1) does not apply to a prosecution started by the
Attorney-General or Director of Public Prosecutions.
37 Time for commencing proceedings
A proceeding for an offence against this Act must be commenced
within 3 years after the day on which the CEO first became aware
of the commission of the alleged offence.
38 Evidentiary certificates
In a proceeding for an offence against this Act, a certificate signed
by the CEO and stating any of the following matters is evidence of
the matter:
(a) a specified person was an inspector having specified powers
under this Act at a specified time;
(b) a specified document was made or given at a specified time;
(c) a specified person was or was not licensed under this Act at a
specified time.
Part 4 Miscellaneous
39 Hemp industry register
(1) The CEO must establish and maintain a hemp industry register.
(2) The register must contain the following information in respect of
each licence:
(a) the name of the licensee;
(b) the locations at which the licensee cultivates, processes or
stores hemp under the licence;
(c) if the regulations prescribe any other information – the
prescribed information.
(3) The CEO must ensure that the register, or any part of the register,
is accessed only by:
(a) the Commissioner of Police; or
Part 4 Miscellaneous
Hemp Industry Act 2019 18
(b) a prescribed person, or a person of a prescribed class, who is
authorised to do so by the CEO (an authorised person).
(4) The CEO or an authorised person may disclose information in the
register to a public authority as defined in section 5 of the
Ombudsman Act 2009:
(a) for the purpose of law enforcement; or
(b) if authorised or required under any law in force in the
Territory; or
(c) if the CEO or authorised person believes on reasonable
grounds that the disclosure is necessary to enable the proper
administration of this Act.
40 Approved forms
The CEO may approve forms for this Act.
41 Delegation
The CEO may delegate any of the CEO's powers and functions
under this Act to a person.
42 Acquisition on just terms
If the operation of this Act would, apart from this section, result in
an acquisition of property from a person otherwise than on just
terms:
(a) the person is entitled to receive from the Territory the
compensation necessary to ensure the acquisition is on just
terms; and
(b) a court of competent jurisdiction may decide the amount of
compensation or make the orders it considers necessary to
ensure the acquisition is on just terms.
43 Protection from liability
(1) A person is not civilly or criminally liable for an act done or omitted
to be done by the person in good faith in the exercise of a power or
performance of a function as the CEO or an inspector.
Note for subsection (1)
This section has effect subject to Part VIIA of the Police Administration Act 1978
to the extent that it applies to the civil liability of an inspector who is a police
officer.
Part 4 Miscellaneous
Hemp Industry Act 2019 19
(2) Subsection (1) does not affect any liability the Territory would, apart
from that subsection, have for the act or omission.
(3) In this section:
exercise of a power includes the purported exercise of the power.
performance of a function includes the purported performance of
the function.
44 Regulations
(1) The Administrator may make regulations under this Act.
(2) A regulation may do any of the following:
(a) prescribe fees payable under this Act;
(b) provide for procedures to be followed, and the recovery by the
CEO of any costs incurred, in relation to any of the following:
(i) taking, removing and analysing samples;
(ii) conducting tests;
(iii) dealing with seized or surrendered materials;
(c) prescribe minimum land areas for cultivation of low THC
hemp;
(d) provide for the disposal or destruction of hemp;
(e) provide for an offence against a regulation to be an offence of
strict or absolute liability;
(f) provide for a fine not more than:
(i) 50 penalty units for an offence against a regulation that
is an offence of strict or absolute liability; or
(ii) 100 penalty units for any other offence against a
regulation;
(g) provide for the application, adoption or incorporation (with or
without changes) of the whole or part of a document as in
force or existing at a particular time or from time to time.
Schedule Reviewable decisions and affected persons
Hemp Industry Act 2019 20
Schedule Reviewable decisions and affected persons
section 21
Reviewable decision Affected person
Refusing to issue or renew a licence under
section 13 Applicant
Imposing a condition under section 15(2) Applicant or licensee
Amending or revoking or refusing to amend
or revoke a condition under section 17 Applicant or licensee
Suspending or cancelling a licence under
section 19 Licensee
ENDNOTES
Hemp Industry Act 2019 21
ENDNOTES
1 KEY
Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Hemp Industry Act 2009 (Act No. 25, 2019)
Assent date 2 September 2019
Commenced 6 May 2020 (Gaz G18, 6 May 2020, p 2)
Statute Law Amendment (Territory Economic Reconstruction) Act 2022 (Act No. 5,
2022)
Assent date 14 April 2022
Commenced pt 7: nc; rem: 25 May 2022 (Gaz G21, 25 May 2022, p 1)
3 LIST OF AMENDMENTS
s 3 amd No. 5, 2022, s 105
pt 5 hdg exp No. 25, 2019, s 49
pt 5
div 1 hdg exp No. 25, 2019, s 49
ss 45 – 46 exp No. 25, 2019, s 49
pt 5
div 2 hdg exp No. 25, 2019, s 49
ss 47 – 49 exp No. 25, 2019, s 49