49Prohibition of possession of prohibited plants except under licence

### 49 Prohibition of possession of prohibited plants except under licence > *\[Section 49 Subsection (1) amended by No. 43 of 1991, s. 5 and Sched. 1 \]* > > > (1)  *\[Section 49 Subsection (1) amended by No. 27 of 1984, s. 48 and Sched. 1 \]*A person shall not have in his possession – > > > > > > (a) a prohibited plant, whether in its original form or not; or > > > > > > > (b) any part of a prohibited plant – > > > > > > unless he is, or is acting as the employee and under the direction of – > > > > > > > (c) a licensed manufacturing chemist engaged in the lawful practice of his business as such; > > > > > > > (d) [*\[Section 49 Subsection (1) amended by No. 40 of 2016, s. 13, Applied:17 Oct 2016\]*](/view/html/inforce/2016-10-17/act-2016-040#GS13@Hpb@EN) [*\[Section 49 Subsection (1) amended by No. 40 of 2016, s. 13, Applied:17 Oct 2016\]*](/view/html/inforce/2016-10-17/act-2016-040#GS13@Hpa@EN) [*\[Section 49 Subsection (1) amended by No. 23 of 2022, s. 37, Applied:24 Oct 2022\]*](/view/html/inforce/2022-10-24/act-2022-023#GS37@Hpa@EN) the holder of a licence under this Part authorising him or her to grow the plant; or > > > > > > > (e) [*\[Section 49 Subsection (1) amended by No. 40 of 2016, s. 13, Applied:17 Oct 2016\]*](/view/html/inforce/2016-10-17/act-2016-040#GS13@Hpc@EN) a person who is engaged, under a contract or arrangement entered into between him and the holder of such a licence, in the transport of such a plant or any part thereof from the place where the plant is grown to– > > > > > > > > > > (i) [*\[Section 49 Subsection (1) amended by No. 23 of 2022, s. 37, Applied:24 Oct 2022\]*](/view/html/inforce/2022-10-24/act-2022-023#GS37@Hpb@EN) a place where a licensed manufacturing chemist is authorised by his licence to engage in the business of making from the plant substances for therapeutic use; or > > > > > > > > > > > (ii) a place where, by or on behalf of such a chemist, the plant is subjected to any treatment or process preparatory to its use in the making of a substance for therapeutic use. > > > > Penalty:  Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 2 years, or both. > > > (2)  In proceedings in respect of an offence against this section it is a defence for the person charged to prove that at the relevant time he did not know, and had no means of knowing, that the plant to which the proceedings relate was a prohibited plant or a part of a prohibited plant, as the case may be. > > > (3)  [*\[Section 49 Subsection (3) amended by No. 40 of 2016, s. 13, Applied:17 Oct 2016\]*](/view/html/inforce/2016-10-17/act-2016-040#GS13@Hpd@EN) This section does not prohibit a person from having in his possession the seed of an alkaloid poppy.