NORTHERN TERRITORY OF AUSTRALIA
HEMP INDUSTRY REGULATIONS 2020
As in force at 23 May 2025
Table of provisions
Part 1 Preliminary matters
1 Title .................................................................................................. 1
2 Commencement .............................................................................. 1
3 Definitions ........................................................................................ 1
Part 2 Licences
Division 1 Fees and costs
4 Licence application fees .................................................................. 2
5 Licence amendment fees ................................................................ 2
6 Licence renewal fees ....................................................................... 3
7 Waiver of fees.................................................................................. 3
8 Cost recovery .................................................................................. 3
Division 2 Suitability of applicant
9 Suitable applicant ............................................................................ 3
Division 3 General conditions for all licences
10 General conditions........................................................................... 4
11 General operating conditions ........................................................... 4
12 Cultivating hemp generally .............................................................. 4
13 Change of information ..................................................................... 4
14 Reporting ......................................................................................... 4
Division 4 Conditions for commercial licence
15 Commercial conditions .................................................................... 5
16 Commercial cultivation area ............................................................ 5
17 Commercial supply .......................................................................... 5
18 Commercial production .................................................................... 5
Division 5 Research conditions
21 Producing hemp under class B research licence ............................. 6
Part 3 Surrender, seizure and destruction
22 Dealing with surrendered or seized hemp ....................................... 6
Hemp Industry Regulations 2020 ii
23 Licensee destruction of hemp plants ............................................... 6
Part 4 Miscellaneous matters
25 Hemp industry register .................................................................... 7
26 Sampling and testing ....................................................................... 7
27 Measuring concentration of THC ..................................................... 7
Part 5 Infringement notice offences
28 When infringement notice may be served ....................................... 8
29 Contents of infringement notice ....................................................... 8
30 Expiation of offence ......................................................................... 9
31 Electronic payment and payment by cheque ................................... 9
32 Withdrawal of infringement notice.................................................... 9
33 Application of Part ........................................................................... 9
Schedule Infringement notice offences and
prescribed amounts
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
As in force at 23 May 2025
HEMP INDUSTRY REGULATIONS 2020
Regulations under the Hemp Industry Act 2019
Part 1 Preliminary matters
1 Title
These Regulations may be cited as the Hemp Industry
Regulations 2020.
2 Commencement
These Regulations commence on the day on which they are
notified in the Gazette.
3 Definitions
In these Regulations:
class A research licence means a class A research licence
referred to in section 8(2) of the Act.
class B research licence means a class B research licence
referred to in section 8(3) of the Act.
commercial licence means a commercial licence referred to in
section 8(1) of the Act.
corresponding law means one of the following laws or an
instrument made under one of the following laws:
(a) Customs (Prohibited Imports) Regulations 1956 (Cth);
(b) Drugs Misuse Act 1986 (Qld);
(c) Drugs, Poisons and Controlled Substances Act 1981 (Vic);
(d) Hemp Fibre Industry Facilitation Act 2004 (ACT);
(e) Hemp Industry Act 2008 (NSW);
Part 2 Licences
Division 1 Fees and costs
Hemp Industry Regulations 2020 2
(f) Industrial Hemp Act 2004 (WA);
(g) Industrial Hemp Act 2015 (Tas);
(h) Industrial Hemp Act 2017 (SA);
(i) Narcotic Drugs Act 1967 (Cth).
cultivation area means an area of land on which hemp plants are
cultivated.
denatured, for hemp seed, means that the seed will not grow
because it has been cracked, de-hulled, heated or treated in
another way that prevents growth.
infringement notice means an infringement notice served under
regulation 28.
infringement notice offence means an offence against a provision
specified in the Schedule.
licensed person means a person who may carry out activities
authorised by a licence under section 8(4) of the Act.
prescribed amount for an infringement notice offence is the
amount equal to the monetary value of the number of penalty units
specified for the offence in the Schedule.
Part 2 Licences
Division 1 Fees and costs
4 Licence application fees
For section 9(2)(b) of the Act, the prescribed fee for an application
is as follows:
(a) for a commercial licence – 1 033 revenue units;
(b) for a class A research licence – 1 446 revenue units;
(c) for a class B research licence – 2 479 revenue units.
5 Licence amendment fees
For section 17(3)(b) of the Act, the prescribed fee for an
amendment or revocation of a condition of a licence is 83 revenue
units.
Part 2 Licences
Division 2 Suitability of applicant
Hemp Industry Regulations 2020 3
6 Licence renewal fees
For section 18(3)(b) of the Act, the prescribed fee for renewal of a
licence is the same as the application fee in regulation 4.
7 Waiver of fees
The CEO may waive, in whole or in part, the fee under regulation 4,
5 or 6 otherwise payable for an application by the Agency in relation
to a class A or class B research licence.
8 Cost recovery
The amount of any reasonable costs incurred in relation to the
following may be recovered by the Territory from a licensee as a
debt owed to the Territory:
(a) taking, removing or analysing samples of the licensee's hemp;
(b) conducting tests of the licensee's hemp;
(c) dealing with material seized or surrendered from the licensee,
including destroying hemp plant under regulation 22(5)
or 23(5).
Division 2 Suitability of applicant
9 Suitable applicant
(1) For section 12(1)(c) of the Act, an applicant must be a fit and proper
person to hold a licence.
(2) Without limiting subregulation (1), a person is not a fit and proper
person to hold a licence if the person was found guilty of any of the
following offences within 10 years before the day the application is
made:
(a) an indictable offence involving dishonesty or fraud;
(b) an indictable offence against Part II, Division 1, Subdivisions 1
to 3 of the Misuse of Drugs Act 1990;
(c) an indictable offence involving the possession, use or supply
of a prohibited substance under the Medicines, Poisons and
Therapeutic Goods Act 2012;
(d) an offence against Chapter 9, Part 9.1 of the Criminal
Code (Cth);
(e) an offence against the Narcotic Drugs Act 1967 (Cth).
Part 2 Licences
Division 3 General conditions for all licences
Hemp Industry Regulations 2020 4
Division 3 General conditions for all licences
10 General conditions
Regulations 11 to 14 are prescribed as conditions for all licences.
11 General operating conditions
(1) If supplying live hemp plants, hemp tissue culture or viable hemp
seed under a licence, a licensed person must provide a
consignment notice to accompany the hemp.
(2) The consignment notice must be in the approved form.
(3) A licensed person must not import hemp from outside Australia
unless licensed or permitted to import the hemp under the Customs
(Prohibited Imports) Regulations 1956 (Cth).
(4) If marketing low THC hemp under a licence, a licensed person must
not state or imply that low THC hemp is psychoactive.
12 Cultivating hemp generally
(1) Within 7 days after planting hemp, a licensee must notify the CEO
of the location, including Global Positioning System coordinates, of
the cultivation area.
(2) A licensed person must not cultivate hemp from any hemp seed,
cutting, germplasm or other material unless it is supplied by a
person authorised to do so under the Act or a corresponding law.
13 Change of information
A licensee must, within 7 business days, notify the CEO of any
changes to the information required from the licensee for the hemp
industry register under section 39(2) of the Act.
14 Reporting
(1) A licensee must give an annual report to the CEO describing the
activities carried out under the licence during the year.
(2) The report must be given each year in which the licence is in force
and within the time and in the manner the CEO specifies by written
notice.
(3) The CEO may direct a licensee, or a class of licensees, to include
in the report specified information regarding activities carried out
under a licence or class of licences.
Part 2 Licences
Division 4 Conditions for commercial licence
Hemp Industry Regulations 2020 5
Division 4 Conditions for commercial licence
15 Commercial conditions
Regulations 16 to 18 are prescribed as conditions for all
commercial licences.
16 Commercial cultivation area
A cultivation area must be at least 2 ha.
17 Commercial supply
(1) A licensed person must not supply hemp seed for human or animal
consumption unless the hemp seed is denatured by the licensee or
will be denatured by the person to whom it is being supplied.
(2) A licensee may supply hemp seed that is viable for propagation to
any of the following persons if the parent crop of the hemp seed
has a THC concentration in the leaves and flowering heads of not
more than 0.5%:
(a) another licensee;
(b) a person who is authorised by a licence under a
corresponding law to possess or import the hemp seed.
(3) A licensed person must not supply or use hemp leaf material as
stock feed.
(4) A licensed person must not supply or use raw or processed hemp
crop stubble for the purpose of landscaping or gardening outside a
cultivation area.
18 Commercial production
(1) A licensed person must not produce cannabis resin.
(2) A licensed person must not extract or isolate substances from
hemp.
Examples for subregulation (2)
Cannabinoids and terpenes.
(3) A licensed person must not process hemp leaf or unfertilised hemp
flower heads.
(4) A commercial licence is not subject to a condition in
subregulation (1), (2) or (3) to the extent that the licensed person is
authorised to carry out an activity mentioned in those
Part 3 Surrender, seizure and destruction
Hemp Industry Regulations 2020 6
subregulations under a medicinal cannabis licence and one or more
medicinal cannabis permits under the Narcotic Drugs
Act 1967 (Cth).
Division 5 Research conditions
21 Producing hemp under class B research licence
It is a condition of a class B research licence that the activities
authorised under the licence must be conducted only for the
purpose of producing low THC hemp.
Examples for regulation 21
1 Conducting a plant breeding program to produce new varieties of low THC
hemp plants.
2 Crossbreeding disease resistant, but high THC, hemp plants to produce a
disease resistant, low THC plant.
Part 3 Surrender, seizure and destruction
22 Dealing with surrendered or seized hemp
(1) This regulation applies to hemp that is:
(a) surrendered by a licensee under section 20(4) of the Act; or
(b) seized from a licensee under section 29(1)(f) of the Act.
(2) An inspector must catalogue the hemp and provide a receipt to the
licensee.
(3) An inspector must ensure the hemp is stored securely in a way that
minimises its degradation.
(4) The hemp must be destroyed if it has a THC concentration of more
than 1%.
(5) The destruction of the hemp must be done under the supervision of
an inspector as soon as possible after the inspector becomes
aware of that the hemp has a THC concentration of more than 1%.
(6) The CEO or Commissioner of Police may return the hemp to the
licensee if the hemp has a THC concentration of 1% or less.
23 Licensee destruction of hemp plants
(1) A licensee with a commercial licence must destroy any hemp plant
cultivated under the licence with a THC concentration of more
than 1%.
Part 4 Miscellaneous matters
Hemp Industry Regulations 2020 7
(2) A licensee must destroy any hemp plant cultivated or possessed by
the licensee contrary to the licence.
(3) The hemp plant must be destroyed as soon as possible after the
licensee becomes aware of the circumstances referred to in
subregulation (1) or (2).
(4) The destruction must be conducted under the supervision of an
inspector.
(5) If the licensee fails to destroy the hemp plant under this regulation,
an inspector must:
(a) seize the plant as soon as practicable; and
(b) destroy the plant or arrange for the destruction of the plant
under the supervision of an inspector.
Part 4 Miscellaneous matters
25 Hemp industry register
For section 39(2)(c) of the Act, the hemp industry register must
contain the following additional information:
(a) the contact details of the licensee;
(b) the class of the licence;
(c) any terms and conditions of the licence imposed by the CEO;
(d) any other information relevant to the licence submitted by the
licensee in the application for the licence, its renewal or any
amendment or revocation of its conditions.
26 Sampling and testing
(1) The sampling of hemp from a crop under the Act must be
conducted in a manner and at a time that provides a representative
sample of the crop being assessed.
(2) Subject to regulation 27(3), any sampling and testing of hemp
under the Act must be done by an inspector, other than a police
officer.
27 Measuring concentration of THC
(1) For these Regulations, the concentration of THC in hemp must be
measured as a percentage of the dry weight of the hemp.
Part 5 Infringement notice offences
Hemp Industry Regulations 2020 8
(2) Any sampling of hemp from a crop to determine the concentration
of THC must be conducted in a manner and at a time that produces
results that reflect the average THC concentration of the crop.
(3) Any analysis under the Act to determine the concentration of THC
in hemp must be conducted by a laboratory accredited by the
National Association of Testing Authorities.
Part 5 Infringement notice offences
28 When infringement notice may be served
If an inspector believes on reasonable grounds that a person has
committed an infringement notice offence, the inspector may serve
an infringement notice on the person.
29 Contents of infringement notice
(1) The infringement notice must specify the following:
(a) the name and address of the person, if known;
(b) the date the infringement notice is served on the person;
(c) the date and time of the infringement notice offence and the
place at which the infringement notice offence occurred;
(d) a description of the offence;
(e) the prescribed amount payable for the offence;
(f) the agency to which the prescribed amount is payable.
(2) The infringement notice must include a statement to the effect of
the following:
(a) the person may expiate the infringement notice offence and
avoid any further action in relation to the offence by paying the
prescribed amount to the specified agency within 28 days after
the notice is served;
(b) the person may elect to have the offence dealt with by a court,
instead of paying the prescribed amount, by completing a
statement of election and returning it to the person stated in
the notice;
Part 5 Infringement notice offences
Hemp Industry Regulations 2020 9
(c) if the person wishes the offence to be dealt with by a court, the
person should not pay the prescribed amount but should
complete the relevant part of the notice and return the notice
to the person stated in the notice;
(d) if the person does nothing in response to the notice, a
summons may be issued requiring the person to appear
before the Local Court to be dealt with for the offence.
(3) The infringement notice must include an appropriate form for
making the statement of election mentioned in subregulation (2)(b).
30 Expiation of offence
If the prescribed amount for the infringement notice offence is paid
in accordance with the infringement notice, the offence is expiated
and no further proceedings can be taken in relation to the offence
unless the notice is withdrawn under regulation 32
31 Electronic payment and payment by cheque
(1) If the person uses electronic means to pay the prescribed amount,
payment is not effected until the amount is credited to the payee's
bank account.
(2) If the person tenders a cheque in payment of the prescribed
amount, payment is not effected unless the cheque is cleared on
first presentation.
32 Withdrawal of infringement notice
(1) The CEO may withdraw an infringement notice by written notice
served on the person.
(2) The notice must be served:
(a) within 28 days after the infringement notice is served on the
person; and
(b) before payment of the prescribed amount.
33 Application of Part
(1) This Part does not prejudice or affect the start or continuation of
proceedings for an infringement notice offence for which an
infringement notice was served unless the offence is expiated.
(2) This Part does not:
(a) require an infringement notice to be served; or
Part 5 Infringement notice offences
Hemp Industry Regulations 2020 10
(b) affect the liability of a person to be prosecuted in a court for an
offence for which an infringement notice was not served; or
(c) prevent more than one infringement notice for the same
offence being served on a person.
(3) If more than one infringement notice for the same offence is served
on a person, the person may expiate the offence by paying the
prescribed amount in accordance with any of the notices.
Schedule Infringement notice offences and prescribed amounts
Hemp Industry Regulations 2020 11
Schedule Infringement notice offences and prescribed
amounts
regulations 28 and 29
Provision of Act Prescribed amount
(penalty units)
section 26(2) 1
section 27(2) 2
section 29(2) 5
ENDNOTES
Hemp Industry Regulations 2020 12
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 Regulations 2020 (SL No. 7, 2020)
Notified 6 May 2020
Commenced 6 May 2020
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)
Agriculture Legislation Amendment Regulations 2025 (SL No. 4, 2025)
Notified 22 May 2025
Commenced 23 May 2025 (r 2)
3 LIST OF AMENDMENTS
r 3 amd No. 4, 2025, r 4
r 12 amd No. 4, 2025, r 5
r 15 amd No. 4, 2025, r 6
r 16 amd Act No. 5, 2022, s 107
r 17 amd No. 4, 2025, r 7
r 18 amd No. 4, 2025, r 8
rr 19 – 20 rep Act No. 5, 2022, s 108
r 24 rep Act No. 5, 2022, s 108