TASIn ForceAct
Poisons Act 1971
52Growing of certain plants prohibited except under licence
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### 52 Growing of certain plants prohibited except under licence
> *\[Section 52 Subsection (1) amended by No. 43 of 1991, s. 5 and Sched. 1 \]*
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> > (1) [*\[Section 52 Subsection (1) amended by No. 40 of 2016, s. 15, Applied:17 Oct 2016\]*](/view/html/inforce/2016-10-17/act-2016-040#GS15@Hpb@EN) [*\[Section 52 Subsection (1) amended by No. 40 of 2016, s. 15, Applied:17 Oct 2016\]*](/view/html/inforce/2016-10-17/act-2016-040#GS15@Hpa@EN) *\[Section 52 Subsection (1) amended by No. 27 of 1984, s. 48 and Sched. 1 \]*A person shall not, except under and in accordance with a licence granted or deemed to have been granted by a responsible licensing authority under this Part and in accordance with the conditions and restrictions specified in the licence, grow a prohibited plant.
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> > Penalty: Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 2 years, or both.
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> > (2) In proceedings in respect of an offence against [subsection (1)](#GS52@Gs1@EN) , 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 part of a prohibited plant, as the case may be.