24AActions where hemp THC concentration over 1%

24A Actions where hemp THC concentration over 1%

[Section 24A Inserted by No. 22 of 2024, s. 17, Applied:08 Nov 2024]

(1)  If an inspector tests hemp, or causes hemp to be tested, under section 24 and that hemp has a concentration of THC in the leaves and flowering heads of more than 1%, the Secretary is to –

(a) direct the holder of the licence under which the hemp was cultivated to destroy the hemp or part of the hemp; or

(b) in a case where the Secretary is satisfied that the crop was grown in good faith, give any other direction or such authorisation, in relation to the possession or supply of the hemp or part of the hemp, that the Secretary thinks fit.

(2)  The holder of a licence must comply with a direction given to the licence holder by the Secretary under subsection (1) .

Penalty:  Fine not exceeding 100 penalty units.

(3)  If the holder of a licence does not comply with a direction of the Secretary under subsection (1)  –

(a) the hemp is forfeited to the Crown and the Secretary may cause the hemp to be destroyed; and

(b) the holder of the licence must pay to the Crown the reasonable costs of that destruction.

(4)  The Secretary –

(a) may seek the advice of the Commissioner of Police before giving a direction or authorisation under subsection (1)(b) ; and

(b) is to notify the Commissioner of Police of any direction given under subsection (1)(a) .