Poppy Regulation Act 2014 (Northern Territory)

Mechanically, the Poppy Regulation Act 2014 creates a licence-based regulatory framework for cultivation, possession, transportation and processing of poppies and things derived from poppies in the Northern Territory. It authorises the Poppy Licensing Authority (the Authority) to issue time‑limited poppy licences (maximum three years) that specify activities, places and poppy species or varieties (s 7(1)-(5), s 9(3)(a)(i)-(iii)). Licences are not transferable (s 7(4)). The Act also establishes administrative architecture: the Authority (s 15-17) and Minister‑appointed poppy control officers (s 18-21) with specific inspection, seizure and direction powers (s 21(2)-(3)). It sets out application information requirements, mandatory documentary evidence and a role for the Commissioner of Police to provide a certificate of whether there is a good reason not to issue a licence (s 8, s 9(1)(b), s 9(2), s 9(5)(d)).

The Act creates a suite of investigation and enforcement powers: poppy control officers (and police) may enter and inspect places, operate or stop machinery, detain or seize poppy material and means of transport, take samples, require specified treatments, and require persons to give specified information (s 21(2)-(3), s 24). Procedures for detention, receipt, storage, return and possible court orders for forfeiture, harvest or destruction are prescribed (s 26-31), including a default requirement to return seized material within three months unless proceedings are under way or the Local Court extends retention up to a total of 12 months (s 28-29). The Local Court can order harvesting or destruction if it finds a risk to public health and safety (s 30).

The Act creates criminal offences with specified maximum penalties for unlicensed cultivation/possession/processing (s 32), contraventions of licence terms by licensees and their contractors/employees (s 33-34), obstruction (s 35), failure to comply with officer requirements (s 36), false representation, misleading information or documents (s 37-38), intimidation to prevent cooperation (s 39), disclosure of confidential information (s 40) and other specified conduct. Some provisions attract strict liability as expressly stated (for example s 35(2), s 36(2), s 38(3), s 40(2), s 41(2), s 42(2)). Proceedings for offences may be commenced only by, or with the written approval of, the Authority and are subject to a three‑year time limit counted from the day the Authority first became aware of the alleged offence (s 44). The Act binds the Crown (s 5) and applies Part IIAA of the Criminal Code to offences under the Act (s 6).

NORTHERN TERRITORY OF AUSTRALIA POPPY REGULATION ACT 2014 As in force at 1 May 2016 Table of provisions Part 1 Preliminary matters 1 Short title ......................................................................................... 1 2 Commencement .............................................................................. 1 3 Objects of Act .................................................................................. 1 4 Definitions ........................................................................................ 1 5 Act binds Crown .............................................................................. 4 6 Application of Criminal Code ........................................................... 4 Part 2 Poppy licences 7 Poppy licence .................................................................................. 5 8 Application for poppy licence ........................................................... 6 9 Consideration of application ............................................................ 6 10 Renewal of poppy licence ................................................................ 9 11 Amendment of poppy licence .......................................................... 9 12 Suspension or cancellation of poppy licence ................................. 10 13 Application for review of decision .................................................. 11 14 Tribunal has jurisdiction ................................................................. 12 Part 3 Administration Division 1 Poppy Licensing Authority 15 Appointment of Poppy Licensing Authority .................................... 12 16 Functions and powers of Authority ................................................ 12 17 Delegation ..................................................................................... 12 Division 2 Poppy control officers 18 Appointment of poppy control officer ............................................. 12 19 Identity card ................................................................................... 13 20 Functions of poppy control officer .................................................. 13 21 Powers of poppy control officer ..................................................... 13 22 Dwelling house .............................................................................. 15 23 Obligations of owners .................................................................... 15 24 Requirement to give information .................................................... 15 25 Self-incrimination ........................................................................... 16

Poppy Regulation Act 2014 ii Division 3 Seizure procedures 26 Procedure when poppy material detained or seized ...................... 16 27 Dealing with surrendered poppy material ...................................... 17 28 Retention and return of poppy material ......................................... 17 29 Local Court may extend 3 month period ........................................ 18 Division 4 Order for forfeiture of poppy material 30 Forfeiture, harvest and destruction of poppy material.................... 19 31 Recovery of costs .......................................................................... 19 Part 4 Offences, liability and criminal proceedings 32 Cultivation, possession, processing of poppy material .................. 20 33 Contravention of poppy licence by licensee................................... 21 34 Contravention of poppy licence by contractor or employee ........... 21 35 Obstruction of poppy control officer ............................................... 21 36 Failure to comply with requirement ................................................ 22 37 Falsely representing to be poppy control officer ............................ 22 38 Misleading information and document ........................................... 22 39 Intimidation to prevent cooperation with Authority ......................... 23 40 Confidentiality of information ......................................................... 24 41 Return of identity card ................................................................... 25 42 Criminal liability of executive officer of body corporate .................. 25 43 Liability of licensee for actions of others ........................................ 26 44 Commencing proceedings ............................................................. 27 45 Averments ..................................................................................... 27 46 Court may order reimbursement of investigation costs.................. 28 Part 5 Miscellaneous matters 47 Protection from liability .................................................................. 28 48 Approved forms ............................................................................. 28 49 Regulations.................................................................................... 29 Part 6 Transitional matters for Statute Law Amendment (Directors' Liability) Act 2015 50 Offences – before and after commencement................................. 29 ENDNOTES

NORTHERN TERRITORY OF AUSTRALIA

As in force at 1 May 2016

POPPY REGULATION ACT 2014 An Act to regulate the cultivation and processing of poppies Part 1 Preliminary matters 1 Short title This Act may be cited as the Poppy Regulation Act 2014. 2 Commencement (1) The provisions of this Act (except sections 13 and 14) commence on the day on which the Administrator's assent to this Act is declared. (2) Sections 13 and 14 commence on 1 July 2014. 3 Objects of Act The objects of this Act are the following: (a) to provide for regulation of activities in relation to poppies, and things derived from or associated with poppies; (b) to reduce the risk to the safety and security of persons in the Territory resulting from those activities, by providing for licensing of those activities. 4 Definitions In this Act: acting in an official capacity, in relation to the Authority or a poppy control officer, means the Authority or poppy control officer is exercising powers or performing functions under, or otherwise related to the administration of, this Act. approved form means a form approved under section 48.

Part 1 Preliminary matters Poppy Regulation Act 2014 2 associate, in relation to a person at a particular time, means: (a) a lineal or adoptive ancestor of any degree, sibling, uncle, aunt, nephew, niece, lineal descendant or adopted child of the person at that time, or a spouse or de facto partner or former spouse or de facto partner of the person or of any of the persons listed in this paragraph at that time; or (b) a trustee of a trust estate, where the person or an associate referred to in paragraph (a) of the person benefits or is capable of benefiting under the trust or under a subtrust of the trust at that time; or (c) a partner of the person, or a person who was, within the 2 years immediately preceding that time, a partner of the person; or (d) a company, if: (i) the company is, or the majority of its directors are, at that time, accustomed or under an obligation or arrangement, whether formal or informal, to act in accordance with the directions, instructions or wishes of the person or of an associate referred to in paragraph (a), of the person; or (ii) the person is, the persons who are associates of the person because of paragraphs (a), (b) and (c) are, or the person and the persons who are associates of the person because of those paragraphs are, at that time, in a position to cast, control, or procure the casting of, 50% or more of the maximum number of votes that may be cast at a general meeting of the company; or (e) if the person is a corporation: (i) a director or secretary of the corporation, or an associate referred to in paragraph (a), of a director or secretary of the corporation, at that time; or (ii) a corporation that is, at that time, a related body corporate to the first-mentioned corporation within the meaning of the Corporations Act 2001; or (iii) a director or secretary of such a related body corporate, or an associate referred to in paragraph (a), of a director or secretary of such a related body corporate at that time; or

Part 1 Preliminary matters Poppy Regulation Act 2014 3 (f) if the person is a corporation (the first corporation), another corporation (the second corporation), if: (i) the ability or capacity to control or procure the composition of the board of directors of the second corporation is held, at that time, by not less than 50% of the persons comprising or having the ability or capacity to control or procure the composition of the board of directors of the first corporation at that time; or (ii) the ability or capacity to cast, or control or procure the casting of, not less than 50% of the maximum number of votes that may be cast at a general meeting of the second corporation is held, at that time, by persons having the ability or capacity to control or procure the control of not less than 50% of the maximum number of votes that may be cast at a general meeting of the first corporation at that time; or (iii) the holding of legal title to, or of a beneficial interest, direct or indirect, whether by medium of interposed corporations or trusts or otherwise, in not less than 50% of the shares in the second corporation carrying voting rights in respect of one or more subject matters capable of resolution at a general meeting of the second corporation, is held, at that time, by persons holding legal title to, or a beneficial interest, direct or indirect, whether by medium of interposed corporations or trusts or otherwise, in not less than 50% of the shares in the first corporation carrying voting rights of the same kind at that time. Authority means the Poppy Licensing Authority mentioned in section 15. decision notice, for a decision, means a written notice setting out: (a) the decision and the reasons for it; and (b) any right the person to whom the notice is to be given has, under this or another Act, to apply for a review of, or to appeal, the decision. licensee, in relation to a particular time, means a person who holds a poppy licence at that time. poppy means the whole or any part of a plant, whether fresh or dried, of any of the following species or varieties: (a) Papaver somniferum L.;

Part 1 Preliminary matters Poppy Regulation Act 2014 4 (b) a species or variety of poppy prescribed by regulation. poppy control officer, in relation to a particular time, means: (a) a person who holds an appointment under section 18 as a poppy control officer at that time; or (b) a person who is a police officer at that time. poppy licence means a licence issued under Part 2. poppy material means: (a) a poppy; or (b) poppy-related material. poppy product means a product that is wholly or partly derived from a poppy. poppy-related material means: (a) a poppy product; or (b) the packaging of a poppy or a poppy product; or (c) any other thing that is or has been in such close proximity to a poppy or poppy product that a chemical compound in, or derived from, the poppy or product is present in the thing. process, in relation to a poppy, means doing anything intended to transform a poppy into a poppy product. 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. 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.

Part 2 Poppy licences Poppy Regulation Act 2014 5 Part 2 Poppy licences 7 Poppy licence (1) The Authority may issue a poppy licence to a person in accordance with this Part. (2) A poppy licence authorises the licensee to carry out, as specified in the licence, one or more of the following activities, at or from the place specified in the licence, in relation to one or more species or varieties of poppy specified in the licence: (a) cultivation of poppies; (b) possession of poppy material; (c) transportation of poppy material; (d) processing of poppy material. (3) Despite any other law, any of the following persons may, during the period when a poppy licence is in force, carry out, in accordance with the terms and conditions of the licence, the activity specified in the poppy licence: (a) the licensee; (b) a contractor of the licensee, as required by the terms of the contract with the licensee; (c) an employee of the licensee, or of a contractor mentioned in paragraph (b), as required by the employee's terms of employment. (4) A poppy licence is not transferable. (5) A poppy licence is in force until the earliest of the following: (a) the end of the period specified in the licence, which must not exceed 3 years; (b) the day on which the licensee: (i) if the licensee is an individual – dies; or (ii) otherwise – is wound up or otherwise ceases to operate; (c) the day on which a decision notice for a decision to suspend or cancel the licence is served on the licensee.

Part 2 Poppy licences Poppy Regulation Act 2014 6 8 Application for poppy licence (1) A person (the applicant) may apply for a poppy licence authorising the person to carry out one or more of the activities mentioned in section 7(2), in relation to one or more species or varieties of poppy, at or from the place specified in the application. (2) The application must be made to the Authority, in the approved form, and must be accompanied by the following: (a) the applicant's proposed plan, made in compliance with any regulation, for the management of any risks associated with the activity to be carried out under the poppy licence; (b) evidence that the place at or from which the activity is to be carried out is an appropriate place at or from which to carry out the activity, as regards location, facilities and proposed security arrangements; (c) evidence that: (i) the applicant is a fit and proper person to be a licensee; and (ii) the applicant's associates are fit and proper persons to be concerned with, or associated with, the activity to be carried out under the poppy licence; (d) evidence that the employees who will carry out the activity under the poppy licence are appropriate persons to carry out the activity; (e) evidence that any contractors, and their employees, who will carry out the activity under the poppy licence are appropriate persons to carry out the activity; (f) the application fee (if any) prescribed by regulation; (g) any other document prescribed by regulation. 9 Consideration of application (1) As soon as practicable after receiving an application under section 8, the Authority must do the following: (a) consider the application;

Part 2 Poppy licences Poppy Regulation Act 2014 7 (b) give a copy of the application to the Commissioner of Police and request the Commissioner to issue to the Authority a certificate about the Commissioner's opinion as to whether there is a good reason for a poppy licence not to be issued to the applicant; (c) complete any investigation in relation to the application that the Authority considers appropriate. (2) The Commissioner of Police must do the following: (a) complete any investigation that the Commissioner considers appropriate in relation to the application; (b) not later than 28 days after receiving the copy under subsection (1)(b), issue to the Authority a certificate stating the Commissioner's opinion as to whether there is a good reason for a poppy licence not to be issued to the applicant. (3) After completion of the consideration and investigation under subsection (1), the Authority must do one of the following: (a) if satisfied that a poppy licence should be issued to the applicant – issue a poppy licence to the applicant that authorises an activity to be carried out, on: (i) the terms and conditions that the Authority considers appropriate; and (ii) any terms or conditions prescribed by regulation; and (iii) the following terms and conditions: (A) the activity must be carried out at or from the place specified in the licence; (B) the activity must be carried out in relation to the species or variety of poppy specified in the licence; (C) the contractors, and the employees of the licensee or contactors, carrying out the activity must be appropriate persons to carry out the activity; (D) the licensee must comply with the plan included in the licence for the management of any risks associated with the activity; (E) the licensee must keep complete records of the carrying out of the activity under the licence;

Part 2 Poppy licences Poppy Regulation Act 2014 8 (F) if an activity to be carried out is processing of poppy material – the licensee must hold any licence required by the Commonwealth about poppy material; (b) if not satisfied that enough information has been provided for the Authority to decide whether or not to issue a poppy licence – serve on the applicant a request describing the type of information sought and setting a deadline for the applicant to provide the information; (c) if satisfied that a poppy licence should not be issued to the applicant – serve a decision notice on the applicant. (4) If a request under subsection (3)(b) is served on the applicant: (a) if the applicant does not provide the information requested before the deadline or any extension of it agreed by the Authority – the applicant is taken to have abandoned the application; or (b) if the applicant provides the information requested before the deadline or any extension of it agreed by the Authority: (i) the information is added to the original application; and (ii) the Authority must resume consideration of the application as though the application had been made on the day on which the information is provided. (5) Despite subsection (3)(a), the Authority must not issue a poppy licence to an applicant unless: (a) the Authority is satisfied that: (i) the applicant is a fit and proper person to be a licensee; and (ii) the applicant's associates are fit and proper persons to be concerned with, or associated with, the activity to be carried out under the poppy licence; and (b) the Authority is satisfied that the applicant's plan for the management of any risks associated with the activity to be carried out under the poppy licence is an appropriate plan; and

Part 2 Poppy licences Poppy Regulation Act 2014 9 (c) the Authority is satisfied that the place at or from which the activity is to be carried out is an appropriate place at or from which to carry out the activity, as regards location, facilities and proposed security arrangements; and (d) the Commissioner of Police has: (i) issued a certificate to the Authority stating the Commissioner's opinion that there is not a good reason that a poppy licence should not be issued to the applicant; or (ii) not issued any certificate under subsection (2)(b) before the end of the 28 days mentioned in that subsection. (6) The Authority may issue a poppy licence that: (a) authorises fewer activities than were applied for by the applicant; or (b) authorises an activity in relation to fewer species or varieties of poppy than were applied for by the applicant. 10 Renewal of poppy licence (1) A licensee may apply to the Authority for the renewal of a poppy licence. (2) A renewal application must be made, in the approved form, at least 2 months before the end of the period specified in the licensee's poppy licence. (3) This Part applies to the renewal of a poppy licence in the same way as it applies to an application for a poppy licence. 11 Amendment of poppy licence (1) The Authority may amend a poppy licence by: (a) amending a term or condition of the poppy licence; or (b) imposing a term or condition on the poppy licence after the licence has been issued. (2) The Authority may exercise a power under subsection (1): (a) on application by the licensee in the approved form; or (b) on the Authority's own initiative.

Part 2 Poppy licences Poppy Regulation Act 2014 10 (3) An application under subsection (2)(a) must be accompanied by: (a) the fee (if any) prescribed by regulation; and (b) any document prescribed by regulation. (4) The Authority must make a decision about an application under subsection (2)(a) as soon as practicable after receiving the application. (5) The Authority must serve a decision notice on a licensee as soon as practicable after the Authority: (a) decides to exercise a power under subsection (1) on its own initiative; or (b) makes a decision under subsection (4), if the decision is that the amendment of the poppy licence: (i) is not made; or (ii) is different from the amendment applied for. (6) An amendment takes effect on the service of the decision notice. 12 Suspension or cancellation of poppy licence (1) The Authority may make a decision to suspend or cancel a poppy licence if: (a) the licensee gives the Authority a written request to suspend or cancel the licence; or (b) the Authority is satisfied that the licensee has not complied with a term or condition of the licence; or (c) the Authority is satisfied that the licensee has not complied with this Act or the regulations; or (d) the Authority is satisfied that the licensee, or any associate of the licensee, is no longer a fit and proper person to be concerned with, or associated with, the activity authorised to be carried out under the licence; or (e) the Authority is satisfied that the place specified in the licence is no longer appropriate for the carrying out of the activity authorised to be carried out under the licence; or (f) the Authority is satisfied that the licensee obtained the poppy licence by fraud or misrepresentation; or

Part 2 Poppy licences Poppy Regulation Act 2014 11 (g) the Commissioner of Police requests suspension or cancellation of the licence on the basis of protected information concerning the licensee. (2) A soon as practicable after making a decision to suspend or cancel a poppy licence, the Authority must: (a) serve a decision notice on the licensee; and (b) notify the Commissioner of Police of the suspension or cancellation. (3) A poppy licence ceases to have effect on the service of the decision notice. (4) In this section: protected information means any information, document or thing the production or inspection of which: (a) is likely to reveal the identity of a police officer or other person who provided information that formed the basis of a decision or opinion of the Commissioner of Police concerning a licensee or applicant; or (b) is likely to reveal the identity of a person whose name appears in evidence given or information provided to a police officer in the course of an investigation; or (c) is likely to reveal the identity of a person who is or has been the subject of an investigation conducted by a police officer; or (d) is likely to reveal an investigation method used by police officers; or (e) is likely to jeopardise the safety of a police officer or other person mentioned in paragraph (a), (b) or (c); or (f) is likely to put at risk an ongoing investigation by a police officer; or (g) is otherwise not in the public interest. 13 Application for review of decision (1) A person on whom a decision notice has been served may apply to the Northern Territory Civil and Administrative Tribunal for review of the decision.

Part 3 Administration Division 2 Poppy control officers Poppy Regulation Act 2014 12 (2) The application for review must be made: (a) within 28 days after the decision was made; or (b) if the Tribunal is satisfied that the person has a reasonable excuse for not applying for review within 28 days – within the additional time that the Tribunal allows. (3) The application for review must be made in accordance with the Northern Territory Civil and Administrative Tribunal Act 2014. 14 Tribunal has jurisdiction The Northern Territory Civil and Administrative Tribunal has jurisdiction to deal with matters under this Act. Part 3 Administration Division 1 Poppy Licensing Authority 15 Appointment of Poppy Licensing Authority The Chief Executive Officer, or another person appointed in writing by the Minister, is the Poppy Licensing Authority. 16 Functions and powers of Authority (1) The Authority has the functions conferred on the Authority under this Act or any other Act. (2) The Authority has: (a) the powers necessary or convenient to perform the Authority's functions; and (b) the powers conferred on the Authority by this Act or any other Act. 17 Delegation The Authority may delegate any of its powers and functions to a public sector employee. Division 2 Poppy control officers 18 Appointment of poppy control officer (1) The Minister may appoint a person to be a poppy control officer.

Part 3 Administration Division 2 Poppy control officers Poppy Regulation Act 2014 13 (2) The appointment of a poppy control officer must be in writing and may be subject to conditions specified in the instrument of appointment. (3) The Minister must be satisfied that a person appointed under this section has the appropriate qualifications or experience required to perform the functions of a poppy control officer. 19 Identity card (1) The Authority must give a person who is a poppy control officer (other than a police officer) an identity card stating the person's name and that the person is a poppy control officer. (2) The identity card must: (a) show a recent photograph of the poppy control officer; and (b) show the card's date of issue and expiry; and (c) be signed by the poppy control officer. (3) This section does not prevent the issue of a single identity card to a person for this and another Act. (4) A poppy control officer must produce his or her identity card on being requested to do so by a person in respect of whom the poppy control officer has exercised or is about to exercise powers under this Act or any other Act. 20 Functions of poppy control officer (1) Subject to the conditions of appointment, a poppy control officer's function is to monitor compliance with, and enforce, this Act. (2) A poppy control officer must perform the functions that are imposed or conferred on the officer under this Act or any other Act or delegated to the officer by the Minister or the Authority. 21 Powers of poppy control officer (1) A poppy control officer may exercise any of the powers mentioned in subsections (2) and (3) if the officer reasonably believes it is necessary to do so for the performance of the officer's functions. (2) The poppy control officer may do one or more of the following at a place: (a) enter, inspect and search the place and anything in the place;

Part 3 Administration Division 2 Poppy control officers Poppy Regulation Act 2014 14 (b) require a person at the place to give the officer specified information about anything at the place or a specified document; (c) operate any electronic equipment at the place for the purposes of retrieving or recording the information or document mentioned in paragraph (b); (d) require a person having the control of equipment at the place to do either or both of the following: (i) stop machinery; (ii) give the machinery (including anything found on or in it) to another person, or remove it to another place, for a specified examination, or for testing or disposal; (e) detain or seize the machinery mentioned in paragraph (d) for examination, testing or disposal; (f) inspect, take samples of, mark for identification or detain or seize any poppy material found at the place for a specified examination or treatment, and open any packaging as necessary to do so; (g) apply, or require a person having the control of the place to apply, a specified treatment to the place or anything in the place; (h) make a record in relation to an exercise of a power for this subsection (including, for example, by taking a photograph or making a video recording). (3) In addition, the poppy control officer may do one or more of the following: (a) require a person having the control of poppy material to do one or more of the following: (i) deal with the poppy material in a particular way; (ii) give the poppy material to another person for a specified examination or for testing; (iii) dispose of the poppy material as specified by the officer; (b) detain or seize the poppy material mentioned in paragraph (a) to do a thing mentioned in that paragraph in relation to the poppy material;

Part 3 Administration Division 2 Poppy control officers Poppy Regulation Act 2014 15 (c) require a person having the control of a means of transport (including, for example, an animal or vehicle) to do either or both of the following: (i) stop the means of transport; (ii) give the means of transport (including anything found on or in it) to another person, or remove it to a place, for a specified examination, or for disposal; (d) detain or seize the means of transport mentioned in paragraph (c) for the examination or disposal. 22 Dwelling house (1) This section applies if a poppy control officer intends to enter a dwelling house under section 21(2). (2) The poppy control officer must not enter the dwelling house unless the officer: (a) is permitted by the owner (whether orally or in writing) to enter the dwelling house; or (b) is authorised to enter the dwelling house under a warrant issued by a justice of the peace; or (c) is a police officer authorised under the Police Administration Act 1978 to enter the dwelling house. (3) In this section: dwelling house means a place exclusively occupied for residential purposes. 23 Obligations of owners A person who complies with a requirement under section 21 about a place or thing: (a) may recover from the owner of the place or thing the expenses incurred by the person in complying with the requirement; and (b) is not liable to the owner for any damage to the place or thing. 24 Requirement to give information (1) This section applies if a poppy control officer reasonably suspects a person of committing or attempting to commit an offence against this Act.

Part 3 Administration Division 3 Seizure procedures Poppy Regulation Act 2014 16 (2) The poppy control officer may require the person to give the following information to the officer: (a) specified information about specified poppy material; (b) the person's name; (c) the person's residential and postal addresses; (d) any other information specified by the officer to enable the officer to contact the person at a later time. 25 Self-incrimination (1) It is not a reasonable excuse for a person to fail to give information or a document for section 21 or 24 on the grounds that it might incriminate the person. (2) However, any information or document given by the person is not admissible in any civil or criminal proceeding (other than a proceeding for an offence against this Act, the Medicines, Poisons and Therapeutic Goods Act 2012 or the Misuse of Drugs Act 1990). Division 3 Seizure procedures 26 Procedure when poppy material detained or seized (1) If a poppy control officer detains or seizes poppy material under section 21, the officer must, as soon as practicable, do the following: (a) make a written record of the detention or seizure; (b) give a receipt to the person from whom the poppy material was taken that: (i) identifies the poppy material taken; and (ii) states the name of the poppy control officer who detained or seized the poppy material; and (iii) states the reasons for the detention or seizure; (c) send a copy of the receipt to: (i) if the poppy control officer is a police officer – the Authority and the Commissioner of Police; or (ii) otherwise – the Authority.

Part 3 Administration Division 3 Seizure procedures Poppy Regulation Act 2014 17 (2) If a poppy control officer detains or seizes poppy material under section 21, the officer, with any assistance necessary, may take or send the poppy material to a place approved by the Authority for it to be examined, tested or stored. (3) This section does not limit the exercise of any power by a police officer to commence a proceeding in respect of a contravention of this Act in relation to poppy material. 27 Dealing with surrendered poppy material (1) This section applies if: (a) the Authority is satisfied on reasonable grounds that this Act has been contravened; and (b) a person has surrendered poppy material to the Authority and agreed that the Authority may deal with the poppy material. (2) In dealing with poppy material, the Authority may do one or more of the following: (a) dispose of the material; (b) require a person to dispose of the material; (c) harvest and deal with the material (including destroying it) as the Authority considers appropriate; (d) enter into an agreement with the person who surrendered the material, or any other person, to deal with the poppy material as required in the circumstances; (e) any other thing reasonably necessary to ensure the security of the material. 28 Retention and return of poppy material (1) If a poppy control officer seizes poppy material under section 21, the Authority must, subject to section 27, with any assistance necessary: (a) take reasonable steps to release or return the material to its lawful owner, if the reason for its detention or seizure no longer exists; or (b) retain, in a place approved by the Authority, any poppy material required for evidence in a legal proceeding.

Part 3 Administration Division 3 Seizure procedures Poppy Regulation Act 2014 18 (2) If the Authority is of the opinion that there is no lawful owner of the poppy material seized under section 21, the Authority may apply for an order under section 30. (3) If the poppy material is not returned to the lawful owner within 3 months after it is seized, the Authority must take reasonable steps to return it to the lawful owner unless: (a) proceedings under this Act or another Act have commenced within the 3 months and the proceedings (including any appeal) have not been completed; or (b) the Local Court makes an order under section 29 extending the period during which the poppy material may be retained. 29 Local Court may extend 3 month period (1) The Authority may apply to the Local Court for an extension (not exceeding 3 months) of the period during which poppy material may be retained under section 28. (2) An application under subsection (1) must be made: (a) within 3 months after the poppy material is seized under section 21; or (b) if an extension has been granted under this section, before the end of the period of the extension. (3) The Local Court may make an order extending the period during which the poppy material is to be retained if satisfied that: (a) the making of the order is in the interests of justice; and (b) the total period of retention will not exceed 12 months; and (c) retention of the poppy material is necessary for the purposes of an investigation into whether a contravention of this Act has occurred. (4) The Authority must give notice of the application to the lawful owner of the poppy material at least 7 days before the application is made.

Part 3 Administration Division 4 Order for forfeiture of poppy material Poppy Regulation Act 2014 19 Division 4 Order for forfeiture of poppy material 30 Forfeiture, harvest and destruction of poppy material (1) The Authority may apply to the Local Court for an order under subsection (3) if: (a) the Authority: (i) is satisfied on reasonable grounds that a licensee has contravened this Act; and (ii) has cancelled the licensee's poppy licence under section 12; or (b) the Authority is of the opinion that there is no lawful owner of the poppy material seized under section 21. (2) The Local Court may make an order that poppy material be forfeited to the Territory and dealt with in accordance with an order made under subsection (3) if satisfied that: (a) the poppy material poses a risk to public health and safety; and (b) it is appropriate to make the order. (3) The Local Court may make either or both of the following orders (as appropriate): (a) an order that the poppy material be harvested; (b) an order that the poppy material be destroyed. (4) The Local Court may: (a) give any direction necessary to enable the Authority to carry out the order made under subsection (3); or (b) authorise the Authority to give a person an appropriate direction to harvest or destroy the poppy material to which the order relates. 31 Recovery of costs The Authority may recover any costs that the Authority incurs in carrying out an order made under section 30, in a court of competent jurisdiction, as a debt due to the Territory.

Part 4 Offences, liability and criminal proceedings Poppy Regulation Act 2014 20 Part 4 Offences, liability and criminal proceedings 32 Cultivation, possession, processing of poppy material A person commits an offence if: (a) the person engages in conduct related to: (i) the cultivation of a plant; or (ii) the possession of: (A) a plant or material wholly or partly derived from a plant; or (B) the packaging of a plant or a material mentioned in sub-subparagraph (A); or (C) anything that is or has been in such close proximity to a plant, material or packaging mentioned in sub-subparagraph (A) or (B) that a chemical compound in, or derived from, the plant, material or packaging is present in the thing; or (iii) the transportation of a plant, material, packaging or other thing mentioned in subparagraph (ii); or (iv) the processing of a plant, material, packaging or other thing mentioned in subparagraph (ii); and (b) the person knows that, or is reckless as to whether, the plant, material, packaging or other thing mentioned in paragraph (a) is poppy material; and (c) at the time the conduct is engaged in, the person is not: (i) a licensee; or (ii) a contractor of a licensee authorised under a contract to engage in the conduct; or (iii) an employee of a licensee, or of a contractor mentioned in subparagraph (ii). Maximum penalty: 250 penalty units or imprisonment for 2 years.

Part 4 Offences, liability and criminal proceedings Poppy Regulation Act 2014 21 33 Contravention of poppy licence by licensee A licensee commits an offence if: (a) the licensee engages in conduct; and (b) the conduct results in a contravention of a term or condition of the licensee's poppy licence. Maximum penalty: 200 penalty units or imprisonment for 2 years. 34 Contravention of poppy licence by contractor or employee (1) A person commits an offence if: (a) the person engages in conduct; and (b) at the time the conduct is engaged in, the person is: (i) a contractor of a licensee; or (ii) an employee of a licensee or of a contractor of a licensee; and (c) the conduct results in a contravention of a term or condition of the licensee's poppy licence. Maximum penalty: 50 penalty units. (2) It is a defence to a prosecution for an offence against subsection (1) if the defendant establishes a reasonable excuse. 35 Obstruction of poppy control officer (1) A person commits an offence if: (a) the person obstructs another person; and (b) the other person is a poppy control officer; and (c) the person knows the poppy control officer is acting in an official capacity. Maximum penalty: 200 penalty units or imprisonment for 2 years. (2) Strict liability applies to subsection (1)(b).

Part 4 Offences, liability and criminal proceedings Poppy Regulation Act 2014 22 (3) In this section: obstruct, includes hinder and resist. 36 Failure to comply with requirement (1) A person commits an offence if: (a) the person is required to do something by another person under section 21(2) or (3), 24 or 27(2); and (b) the other person is a poppy control officer; and (c) the person knows the poppy control officer is acting in an official capacity; and (d) the person engages in conduct that results in a contravention of the requirement. Maximum penalty: 100 penalty units or imprisonment for 12 months. (2) Strict liability applies to subsection (1)(b). 37 Falsely representing to be poppy control officer A person commits an offence if the person: (a) represents, by words or conduct, that the person or another person is a poppy control officer; and (b) knows the representation is false. Maximum penalty: 100 penalty units or imprisonment for 12 months. 38 Misleading information and document (1) A person commits an offence if: (a) the person gives information to another person; and (b) the other person is the Authority or a poppy control officer; and (c) the person knows the information is misleading; and (d) the person knows the Authority or poppy control officer is acting in an official capacity. Maximum penalty: 200 penalty units or imprisonment for 2 years.

Part 4 Offences, liability and criminal proceedings Poppy Regulation Act 2014 23 (2) A person commits an offence if: (a) the person gives a document to another person; and (b) the other person is the Authority or a poppy control officer; and (c) the person knows the document contains misleading information; and (d) the person knows the Authority or poppy control officer is acting in an official capacity. Maximum penalty: 200 penalty units or imprisonment for 2 years . (3) Strict liability applies to subsections (1)(b) and (2)(b). (4) Subsection (2) does not apply if the person, when giving the document: (a) draws the misleading aspect of the document to the Authority's or poppy control officer's attention; and (b) to the extent to which the person can reasonably do so – gives the Authority or poppy control officer the information necessary to remedy the misleading aspect of the document. (5) In this section: misleading information means information that is misleading in a material particular or because of the omission of a material particular. 39 Intimidation to prevent cooperation with Authority (1) A person (person A) commits an offence if person A: (a) causes, or threatens to cause, harm to another person (person B); and (b) does so: (i) with intent to discourage person B from cooperating with the Authority; or (ii) in retribution for person B's having cooperated with the Authority. Maximum penalty: 400 penalty units or imprisonment for 2 years.

Part 4 Offences, liability and criminal proceedings Poppy Regulation Act 2014 24 (2) For subsection (1)(b), it is immaterial whether person B intended to cooperate, or had cooperated, with the Authority. (3) In this section: cooperate with the Authority includes the following: (a) complying with a requirement under this Act to give information to the Authority or a poppy control officer; (b) voluntarily providing information to the Authority or a poppy control officer. harm includes dismissal from employment or other action detrimental to an employment relationship. 40 Confidentiality of information (1) A person commits an offence if: (a) the person obtains information in the course of performing functions connected with the administration of this Act; and (b) the person engages in conduct that results in the disclosure of the information. Maximum penalty: 200 penalty units or imprisonment for 2 years. (2) Strict liability applies to subsection (1)(a). (3) Subsection (1) does not apply if: (a) the person discloses the information: (i) for the administration of this Act; or (ii) with the consent of the person to whom the information relates; or (iii) for legal proceedings arising out of the operation of this Act; or (b) the information is otherwise available to the public. Note for subsection (3) In addition to the circumstances mentioned in subsection (3), a person who discloses confidential information 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).

Part 4 Offences, liability and criminal proceedings Poppy Regulation Act 2014 25 41 Return of identity card (1) A person who ceases to be a poppy control officer must return the person's identity card to the Authority within 21 days after the cessation. Maximum penalty: 20 penalty units. (2) An offence against subsection (1) is an offence of strict liability. (3) It is a defence to a prosecution for an offence against subsection (1) if the person establishes a reasonable excuse. 42 Criminal liability of executive officer of body corporate (1) An executive officer of a body corporate commits an offence if: (a) the body corporate commits an offence by contravening a declared provision (a relevant offence) and the officer was reckless about whether the contravention would happen; and (b) the officer was in a position to influence the conduct of the body corporate in relation to the contravention; and (c) the officer recklessly failed to take reasonable steps to prevent the contravention. Maximum penalty: The maximum penalty that may be imposed on an individual for the relevant offence. (2) Strict liability applies to subsection (1)(b). (3) In deciding whether the executive officer took (or failed to take) reasonable steps to prevent the contravention, a court must consider the following: (a) any action the officer took directed towards ensuring the following (to the extent the action is relevant to the contravention): (i) the body corporate arranged regular professional assessments of the body corporate's compliance with the declared provision; (ii) the body corporate implemented any appropriate recommendation arising from an assessment under subparagraph (i);

Part 4 Offences, liability and criminal proceedings Poppy Regulation Act 2014 26 (iii) the body corporate's employees, agents and contractors had a reasonable knowledge and understanding of the requirement to comply with the declared provision; (b) any action the officer took when the officer became aware that the contravention was, or could be, about to happen. (4) Subsection (3) does not limit the matters the court may consider. (5) This section does not affect the liability of the body corporate. (6) This section applies whether or not the body corporate is prosecuted for, or found guilty of, the relevant offence. (7) This section does not apply if the body corporate would have a defence to a prosecution for the relevant offence. (8) In this section: declared provision means: (a) section 32, 33, 34(1) or 36(1); or (b) a provision of the Regulations prescribed by regulation. 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. 43 Liability of licensee for actions of others (1) A licensee commits an offence if: (a) a contractor, or an employee of a contractor or a licensee, commits an offence under this Act (the relevant offence); and (b) the licensee failed to take reasonable steps to prevent the commission of the offence; and (c) the licensee was reckless about whether the commission of the offence would happen. Maximum penalty: The maximum penalty that may be imposed for the relevant offence.

Part 4 Offences, liability and criminal proceedings Poppy Regulation Act 2014 27 (2) It is a defence to a prosecution for an offence committed because of subsection (1) that: (a) the contractor or employee would not have been found guilty of the offence because the contractor or employee would have been able to establish a defence to a prosecution for the relevant offence; or (b) the licensee did not know, and could not reasonably have been expected to know, that the offence was to be or was being committed; or (c) the licensee exercised due diligence to prevent the commission of the offence. (3) This section does not affect the liability of the contractor or employee for the relevant offence. (4) This section applies whether or not the contractor or employee is prosecuted for, or found guilty of, the relevant offence. (5) A licensee is not liable to imprisonment if found guilty of an offence because of subsection (1) if the licensee would not have been found guilty of the offence if subsection (1) had not been enacted. 44 Commencing proceedings (1) A proceeding for an offence against this Act may be commenced: (a) only by, or with the written approval of, the Authority; and (b) within 3 years after the day on which the Authority first became aware of the commission of the alleged offence. (2) A certificate of the Authority stating the day on which the Authority first became aware of the commission of an alleged offence is, in the absence of evidence to the contrary, evidence of that fact. 45 Averments (1) Subsection (2) applies if, in a proceeding, an averment in the information or complaint states that at a specified time: (a) a specified place was a place at or which a specified activity was or was not authorised to be carried out under a specified poppy licence; or (b) a specified person was: (i) a licensee; or

Part 5 Miscellaneous matters Poppy Regulation Act 2014 28 (ii) a contractor of a specified licensee; or (iii) an employee of a specified licensee or specified contractor of a specified licensee; or (iv) a poppy control officer; or (c) a specified poppy licence had been issued, amended, suspended or cancelled or was or was not in force; or (d) a specified poppy licence contained specified conditions; or (e) a specified requirement or notice permitted or required to be given or imposed under this Act had or had not been given or had not been given or imposed. (2) The statement is taken to have been proved in the absence of evidence to the contrary. 46 Court may order reimbursement of investigation costs If a person is found guilty of an offence against this Act, the Court may, in addition to any other order it may make under this Act or the Sentencing Act 1995, make an order requiring the offender to reimburse the costs and expenses incurred by the Authority in investigating the offence. Part 5 Miscellaneous matters 47 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 Authority or a poppy control officer. (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. 48 Approved forms The Authority may approve forms for this Act.

Part 6 Transitional matters for Statute Law Amendment (Directors' Liability) Act 2015 Poppy Regulation Act 2014 29 49 Regulations The Administrator may make regulations under this Act. Part 6 Transitional matters for Statute Law Amendment (Directors' Liability) Act 2015 50 Offences – before and after commencement (1) Section 42, as inserted by the Statute Law Amendment (Directors' Liability) Act 2015, (the new section) applies in relation to a relevant offence committed by a body corporate after the commencement of Part 2, Division 28 of that Act (the commencement) only if: (a) all the conduct constituting the relevant offence occurred after the commencement; and (b) all the conduct of the executive officer constituting the offence against the new section occurred after the commencement. (2) Section 42, as in force before the commencement: (a) continues to apply in relation to offences committed by a body corporate before the commencement; and (b) applies in relation to relevant offences committed by a body corporate after the commencement to which, as a result of subsection (1), the new section does not apply.

ENDNOTES Poppy Regulation Act 2014 30 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 Poppy Regulation Act 2014 (Act No. 16, 2014) Assent date 29 May 2014 Commenced ss 13 and 14: 1 July 2014; rem: 29 May 2014 (s 2) Statute Law Amendment (Directors' Liability) Act 2015 (Act No. 26, 2015) Assent date 18 September 2015 Commenced 14 October 2015 (Gaz G41, 14 October 2015, p 3) Local Court (Related Amendments) Act 2016 (Act No. 8, 2016) Assent date 6 April 2016 Commenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related Amendments) Act 2016 (Act No. 9, 2016) and Gaz S34, 29 April 2016) 3 GENERAL AMENDMENTS General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22 of 2018) to: ss 1, 13, 22, 25 and 46. 4 LIST OF AMENDMENTS s 22 amd No. 8, 2016, s 45 s 42 sub No. 26, 2015, s 89 pt 6 hdg ins No. 26, 2015, s 90 s 50 ins No. 26, 2015, s 90

1 Poppy Regulation Act 2014

Poppy and poppy material. The Act defines “poppy” to include Papaver somniferum L. and any other species or variety prescribed by regulation; “poppy material” encompasses a poppy, poppy‑related material (including poppy products, packaging, or anything sufficiently proximate that a chemical compound from the poppy is present) (s 4). “Poppy product” and “process” are defined by reference to transformation of poppy into derived products (s 4).

Licence and licence-holder. A “poppy licence” authorises specified activities listed in s 7(2): cultivation, possession, transportation or processing, at a place and for specified poppy species or varieties. The licence is a tailored authorisation: it can be limited to fewer activities or species than applied for (s 9(6)(a)-(b)). Licence term limits, causes of cessation and non‑transferability are explicit: licences expire at the end of the period (not to exceed three years), on death, winding up or on service of a suspension/cancellation decision notice (s 7(5)) and cannot be transferred (s 7(4)).

Authority and poppy control officers. The Chief Executive Officer, or a person appointed by the Minister in writing, is the Authority (s 15). The Authority exercises functions and powers necessary to administer the Act and may delegate to public sector employees (s 16-17). The Minister may appoint poppy control officers; they must have appropriate qualifications or experience and carry identity cards (s 18-19). Poppy control officers function to monitor compliance and enforce the Act and may exercise the powers in s 21 when reasonably necessary (s 20-21).

Fit and proper, associates and procedural checks. Applications require an applicant’s plan for managing risks, evidence the place is appropriate (location, facilities, security), and evidence that the applicant, the applicant’s associates, employees and contractors are fit and proper persons (s 8(2)(a)-(e)). “Associate” is comprehensively defined to capture family relationships, trusteeship, partnerships and corporate control relationships referencing the Corporations Act 2001 for related body corporate concepts (s 4). The Commissioner of Police must provide the Authority with a certificate stating whether there is a good reason not to issue a licence within 28 days, and the Authority must be satisfied on fit and proper and place and plan appropriateness before issuing a licence (s 9(1)(b), s 9(2), s 9(3)(a), s 9(5)).

Evidence and procedural mechanisms. The Act prescribes that a decision to suspend or cancel a licence must be notified by decision notice, that affected persons have a right of review by the Northern Territory Civil and Administrative Tribunal within 28 days (s 12(2), s 13(1)-(2)), and that the Tribunal has jurisdiction (s 14). For criminal proceedings, the Authority’s certificate about when it first became aware of an alleged offence is, in the absence of contrary evidence, evidence of that fact (s 44(2)). Arrest and forfeiture procedures are channelled through the Local Court (s 29-31) for extension of retention and orders for forfeiture, harvest or destruction (s 30-31).

Interaction with other laws and exceptions. The Act expressly brings Part IIAA of the Criminal Code into play (s 6). Self‑incrimination protections are limited: required information or documents are not admissible in civil or criminal proceedings except for offences under this Act, the Medicines, Poisons and Therapeutic Goods Act 2012 or the Misuse of Drugs Act 1990 (s 25(2)). Police powers under Police Administration Act 1978 may authorise entry to a dwelling where a poppy control officer cannot otherwise enter (s 22(2)(c)). The Act cross‑references the Commonwealth licensing requirement for processing (s 9(3)(a)(iii)(F)).

Liability constructs. The Act creates individual and corporate exposure beyond direct perpetrators: executive officers of bodies corporate can be criminally liable where the corporate commits a “declared provision” offence and the officer was reckless, able to influence and failed to take reasonable steps to prevent (s 42). Licensees can likewise be liable for offences committed by contractors or employees if they failed to take reasonable steps and were reckless (s 43). The statutory tests require courts to weigh measures taken by officers or licensees to prevent contraventions (s 42(3), s 43(2)(c)).

Primary regulated persons. The Act directly regulates any person who cultivates, possesses, transports or processes poppy material in the Northern Territory. Those activities require a poppy licence unless the person is a contractor or employee authorised under a licensee’s contract or employment terms (s 7(2)-(3); s 32). Anyone carrying on those activities without appropriate authorisation, while knowing or recklessly indifferent that the material is poppy material, commits an offence (s 32).

Applicants and licensees. Persons who apply for or hold poppy licences are the central regulated cohort. Applicants must supply extensive supporting material: a plan for risk management, evidence the site is appropriate as to location, facilities and security, and documentary evidence that the applicant, associates, prospective employees and contractors are fit and proper persons (s 8(2)(a)-(e)). Licensees must comply with licence terms and conditions, maintain records of activity, and comply with any plan included in the licence (s 9(3)(a)(iii)(D)-(E)). Licensees can be criminally liable for contraventions of licence terms and, subject to defences, for offences committed by contractors and employees if they failed to take reasonable steps and were reckless (s 33; s 43).

Associates and corporate entities. The Act’s definition of “associate” (s 4) and references to related body corporate in line with the Corporations Act mean family members, trustees, partners and corporate groups are potentially captured in fit and proper inquiries and liability assessments. Corporate executive officers are at risk of criminal liability where the body corporate commits declared provision offences and the officer was reckless and failed to take reasonable steps to prevent contraventions (s 42).

Contractors and employees. Contractors and employees who perform authorised activities under a licence are permitted to carry out those activities, but may themselves face offences for conduct that results in contravention of licence terms (s 7(3), s 34). A defence exists for such persons if they establish a reasonable excuse (s 34(2)).

Poppy control officers and police. The Minister appoints poppy control officers who perform monitoring and enforcement functions (s 18-20). Police officers are also specified as poppy control officers for the purposes of the Act (s 4). Poppy control officers are vested with powers to enter, inspect, detain, seize and direct persons in relation to poppy material and means of transport (s 21). They must carry identity cards and produce them on request (s 19(1)-(4)), and must return identity cards on cessation or face a penalty (s 41).

Owners of premises and the public. Owners of places where enforcement actions occur are affected by obligations and processes: persons complying with s 21 requirements may recover expenses from the owner and are not liable for damage to the place (s 23). The Act also affects persons who are required to provide information under inspection powers; refusal on self‑incrimination grounds is not a reasonable excuse although limited admissibility applies (s 24-25). The public is affected through Local Court orders for forfeiture, harvest and destruction where material poses a risk to public health and safety (s 30).

Regulators and courts. The Authority carries the gatekeeping function for licensing and for initiating criminal proceedings (s 15, s 44(1)). The Northern Territory Civil and Administrative Tribunal has review jurisdiction (s 13-14). The Local Court handles retention extension, forfeiture and cost recovery applications (s 29-31, s 46).

Third‑party Commonwealth/licensing linkages. Processors are required to hold any Commonwealth licence required about poppy material (s 9(3)(a)(iii)(F)), bringing in Commonwealth licensing regimes as relevant actors for compliance.

Application duties and documentary obligations. An applicant for a poppy licence must apply in the approved form and provide a risk management plan in compliance with any regulations, evidence the place is appropriate (location, facilities, security), evidence of fitness and propriety for the applicant and associates, and evidence about employees and contractors who will carry out activities under the licence (s 8(1)-(2)(a)-(e)). The application must include the prescribed fee and any other documents the regulations require (s 8(2)(f)-(g)). The Authority may request further information and treat failure to provide it as abandonment (s 9(3)(b), s 9(4)).

Authority’s duties in consideration and issuance. On receiving an application, the Authority must consider it, refer a copy to the Commissioner of Police for a certificate on whether there is a good reason not to issue the licence, and complete any investigation it considers appropriate (s 9(1)(a)-(c)). The Commissioner must complete any investigation the Commissioner considers appropriate and provide the certificate within 28 days (s 9(2)). The Authority must not issue a licence unless satisfied on several dimensions: the applicant and associates are fit and proper persons, the risk management plan is appropriate, the place is appropriate as to location, facilities and security, and the Commissioner of Police has either issued a certificate stating there is not a good reason to refuse or has not issued a certificate within the 28 days (s 9(5)(a)-(d)).

Licence conditions and duties of licensee. A poppy licence is issued on terms and conditions the Authority considers appropriate and any prescribed by regulation; the Act mandates core terms and conditions including activity at the specified place, activity limited to specified species, suitability of contractors and employees, compliance with the included risk plan, and keeping complete records of activity (s 9(3)(a)(i)-(iii)(A)-(F)). Licence holders must also comply with legislative requirements and may be subject to amendment, suspension or cancellation where grounds are made out (s 11-12).

Rights of review and procedural protections. A person served with a decision notice may apply to the Northern Territory Civil and Administrative Tribunal for review within 28 days, or longer if the Tribunal allows a reasonable excuse for delay (s 13(1)-(2)). The Authority must serve decision notices with reasons and any right to apply for review or appeal set out (definitions, s 4). For seized material, procedures set out in s 26 require a written record and a receipt identifying the material and reasons for detention or seizure; copies are sent to the Authority and, if a police officer seized the material, to the Commissioner of Police (s 26(1)-(3)).

Information and self‑incrimination. Where a poppy control officer reasonably suspects a person of committing an offence, the officer may require specified information including name, addresses and specified information about poppy material (s 24). Refusal on grounds of self‑incrimination is not a reasonable excuse (s 25(1)), but any information or documents given are not admissible in civil or criminal proceedings other than proceedings for offences against this Act, the Medicines, Poisons and Therapeutic Goods Act 2012 or the Misuse of Drugs Act 1990 (s 25(2)).

Powers to seize, detain and direct and duties to comply. Poppy control officers can enter, inspect, search and seize or detain poppy material and equipment; require persons to stop machinery or give machinery for examination; require treatment of places or materials; make records including photographs (s 21(2)(a)-(h)). They may also require persons to deal with poppy material in specified ways, give it for testing or dispose of it, and can detain means of transport (s 21(3)(a)-(d)). Persons must comply with requirements and failure to do so is an offence (s 36(1)).

Limitations on entry to dwellings. A poppy control officer may not enter a dwelling house unless permitted by the owner, authorised under a warrant by a justice of the peace, or is a police officer authorised under the Police Administration Act 1978 (s 22(1)-(2)).

Liability allocation and obligations to prevent contraventions. Executive officers of corporate bodies and licensees face liability where their organisations commit declared offences and the officer/licensee was reckless and failed to take reasonable steps to prevent the contravention (s 42, s 43). The Act requires courts to consider whether reasonable steps were taken, including arranging professional assessments, implementing recommendations and ensuring employees, agents and contractors understood compliance requirements (s 42(3)(a)).

Commencing proceedings and time limits. Proceedings for offences may be commenced only by or with the written approval of the Authority (s 44(1)(a)) and must be commenced within three years after the day the Authority first became aware of the alleged offence; the Authority’s certificate about when it first became aware is evidence of that fact in the absence of contrary evidence (s 44(1)(b)-(2)).

Protections and immunities. Persons acting in good faith in the exercise of powers or performance of functions as the Authority or a poppy control officer are protected from civil or criminal liability, subject to the Territory’s separate liability (s 47).

Criminal offence structure and maximum penalties. The Act codifies a range of criminal offences with specified maximum penalties. Core unauthorised activity offences carry significant penalties: engaging in cultivation, possession, transportation or processing of poppy material while knowing or being reckless as to the material’s nature and not being a licensee (or authorised contractor/employee) attracts a maximum penalty of 250 penalty units or two years’ imprisonment (s 32). Contravention of licence terms by a licensee carries a maximum penalty of 200 penalty units or two years’ imprisonment (s 33). Contractors and employees who cause licence contraventions face a maximum penalty of 50 penalty units (s 34). Obstruction of a poppy control officer (knowing the officer is acting in an official capacity) attracts 200 penalty units or two years imprisonment (s 35). Failure to comply with an officer’s requirement can attract up to 100 penalty units or 12 months’ imprisonment (s 36). False representation as a poppy control officer carries a maximum of 100 penalty units or 12 months’ imprisonment (s 37). Misleading information or documents given to the Authority or a poppy control officer carries a maximum of 200 penalty units or two years’ imprisonment (s 38). Intimidation to prevent cooperation or in retribution for cooperation carries the highest listed maximum of 400 penalty units or two years’ imprisonment (s 39). Offences for unauthorised disclosure of confidential information by officials carry 200 penalty units or two years’ imprisonment (s 40). Failure to return identity card on cessation attracts 20 penalty units (s 41).

Strict liability provisions. The Act expressly states strict liability applies in some places: obstruction (s 35(2)), failure to comply with a requirement (s 36(2)), misleading information/documents (s 38(3) applies to subsections (1)(b) and (2)(b)), confidentiality (s 40(2)), return of identity card (s 41(2)), and to an element concerning executive officer influence in s 42(2). Where strict liability applies the prosecution need not prove mens rea for that element; those provisions should be identified in procedures and compliance planning.

Enforcement powers: seizure, detention and treatment. Poppy control officers can detain or seize poppy material and related items and must make a written record and give a receipt setting out the reasons (s 26(1)). Officers may take or send seized material to an Authority‑approved place for examination, testing or storage (s 26(2)). The Authority can direct persons to dispose of, harvest, deal with or destroy surrendered material, and can enter into agreements to secure or process material (s 27). The Authority must return material if the reason for seizure no longer exists, or retain material required for evidence, but must return material within three months unless proceedings have commenced or the Local Court extends retention (s 28-29). The Local Court may extend retention up to a total of 12 months where retention is necessary for investigation and in interests of justice (s 29(3)).

Forfeiture, harvest and destruction orders. The Authority may apply to the Local Court for orders that seized material be forfeited to the Territory where a licensee has contravened the Act and the Authority has cancelled the licence, or where the Authority considers there is no lawful owner (s 30(1)). The Local Court may order forfeiture and direct that material be harvested or destroyed where satisfied the material poses a risk to public health and safety and it is appropriate to make the order (s 30(2)-(3)). The Court may give directions to enable the Authority to carry out such orders or authorise the Authority to direct others to harvest or destroy the material (s 30(4)).

Cost recovery. The Authority may recover costs incurred in carrying out Local Court orders as a debt due to the Territory (s 31). The Court may order reimbursement of investigation costs from an offender found guilty of an offence under the Act (s 46).

Commencing prosecutions limited to Authority. A proceeding for an offence under this Act may be commenced only by, or with the written approval of, the Authority (s 44(1)(a)). Proceedings must be brought within three years of the day the Authority first became aware of the alleged offence (s 44(1)(b)).

Protections for officials and avenues for challenge. Officials acting in good faith are protected from civil or criminal liability (s 47). Persons served with decision notices have a statutory right to seek review in the Northern Territory Civil and Administrative Tribunal within 28 days (s 13-14). The Act requires decision notices to state reasons and review rights (definition of decision notice, s 4).

Criminal Code integration. The Act expressly applies Part IIAA of the Criminal Code to offences under the Act (s 6). Part IIAA of the Criminal Code sets general principles of criminal responsibility, defences and burden of proof relevant to prosecution under the Act (s 6, note). That integration affects how mens rea, defences and burden allocation are treated for Act offences.

Commonwealth licensing and other Territory Acts. The Authority may require a licensee engaging in processing to hold any Commonwealth licence required about poppy material (s 9(3)(a)(iii)(F)). The Act therefore overlays Territory licensing with pre‑existing Commonwealth controls relevant to processing, linking compliance obligations. The self‑incrimination carve‑out in s 25(2) makes information or documents provided under compulsion admissible in proceedings for offences against this Act and two other Acts: the Medicines, Poisons and Therapeutic Goods Act 2012 and the Misuse of Drugs Act 1990 (s 25(2)), signalling cross‑regulatory evidence sharing between poppy regulation and controlled substances/therapeutic goods regimes.

Police and entry powers. The Act treats police officers as poppy control officers for the purpose of the Act (s 4). Entry to a dwelling by a poppy control officer is constrained unless the owner consents or a warrant exists, or the entrant is a police officer authorised under the Police Administration Act 1978 (s 22(2)(a)-(c)), creating an intersection with the Police Administration Act for residential entry where police powers are engaged.

Corporations law concepts and executive liability. The Act’s definition of "associate" incorporates corporate control concepts (s 4(e)-(f)), including related body corporate as per the Corporations Act 2001. Executive officer liability (s 42) interacts with corporate governance obligations and draws on corporate law notions of directors, secretaries and persons involved in management. The Act also contains a transitional provision (s 50) dealing with the Statute Law Amendment (Directors’ Liability) Act 2015, indicating legislative sequencing and the limited retrospective application of executive officer liability.

Tribunal and Local Court jurisdiction. The Northern Territory Civil and Administrative Tribunal is the statutory review avenue for decisions under the Act (s 13-14), bringing in the procedural rules of the Tribunal Act. Enforcement and property‑related remedies (retention extensions, forfeiture, harvest and destruction orders, cost recoveries) are channeled through the Local Court (s 29-31, s 46). Amendments to Local Court procedures by subsequent Territory Acts (referenced in endnotes) have modified certain provisions (see Amendment history below).

Evidence rules and authority certificates. The Authority’s certificate about the day it first became aware of an alleged offence is prima facie evidence for limitation purposes, but the certificate can be challenged with contrary evidence (s 44(2)). This interacts with common evidentiary practice and limitation law.

Regulations and forms. The Act leaves detailed requirements (fees, risk management plan standards, prescribed conditions) to subordinate instruments: approved forms (s 48) and regulations (s 49). Those instruments will determine substantive compliance details and potentially interface with other regulatory frameworks, including biosecurity, environmental or occupational health and safety regimes where cross‑regulation is relevant.

Protections and disclosure law. Confidentiality obligations on officials (s 40) are subject to exceptions for administration, consent, legal proceedings, matters already in the public domain and other laws that justify disclosure (s 40(3) and note referencing s 43BE of the Criminal Code). That creates potential interplay with public interest disclosure and information access laws.

Transitional and amendment interactions. The Act was later amended by the Statute Law Amendment (Directors' Liability) Act 2015 to substitute s 42 and to add transitional rules (s 50). Local Court (Related Amendments) Act 2016 also made amendments affecting s 22 and other provisions (see endnotes). Formal amendments of a technical nature were made by the Interpretation Legislation Amendment Act 2018 to several sections (endnotes). Those changes affect liability allocation and court procedures and should be checked for operational impact.

Primary enactment and commencement. The Poppy Regulation Act 2014 was enacted as Act No. 16, 2014 with assent on 29 May 2014 (endnotes). Most provisions commenced on 29 May 2014, but ss 13 and 14 (tribunal review provisions) commenced on 1 July 2014 (s 2; endnotes: “Commenced ss 13 and 14: 1 July 2014; rem: 29 May 2014 (s 2)”).

Statute Law Amendment (Directors’ Liability) Act 2015. The Act was amended by the Statute Law Amendment (Directors’ Liability) Act 2015 (Act No. 26, 2015). That amending Act substituted s 42 (executive officer liability) and inserted Part 6 transitional provisions (s 50). The amending Act had assent on 18 September 2015 and commenced 14 October 2015 (endnotes). Section 50, inserted, establishes the temporal limits for the new executive officer liability provisions so that the new s 42 applies only where all conduct constituting the corporate offence and the officer conduct occurred after that commencement (s 50(1)). The pre‑existing version of s 42 continues to apply in relation to offences committed before the commencement (s 50(2)).

Local Court (Related Amendments) Act 2016. The Local Court (Related Amendments) Act 2016 (Act No. 8, 2016) made amendments with assent on 6 April 2016 and commenced on 1 May 2016 (endnotes). The endnotes list s 22 as amended by No. 8, 2016, s 45; practitioners should consult that amending Act for precise changes to dwelling entry provisions and related procedural interaction with Local Court functions.

Interpretation Legislation Amendment Act 2018. The endnotes record that general formal amendments of a technical nature were made to s 1, s 13, s 22, s 25 and s 46 by the Interpretation Legislation Amendment Act 2018 (Act No. 22 of 2018) (endnotes, item 3). Those amendments are described as formal in nature; always confirm the current text via the official reprint or the Territory’s legislation register.

List of legislative events in the Act’s endnotes. The endnotes summarise the legislative history:

Poppy Regulation Act 2014: assent 29 May 2014; commencement of ss 13-14 on 1 July 2014; remainder 29 May 2014 (endnotes 2).
Statute Law Amendment (Directors’ Liability) Act 2015: assent 18 September 2015; commenced 14 October 2015 (endnotes 2).
Local Court (Related Amendments) Act 2016: assent 6 April 2016; commenced 1 May 2016 (endnotes 2).
Interpretation Legislation Amendment Act 2018: made formal amendments to multiple sections (endnotes 3).

Specific section amendments noted in endnotes 4. The endnotes list two explicit amendments: s 22 amended by No. 8, 2016, s 45; s 42 substituted by No. 26, 2015, s 89; part 6 heading inserted by No. 26, 2015, s 90; s 50 inserted by No. 26, 2015, s 90. Practitioners should consult the amending instruments for the precise textual changes and consider transitional effects of s 50 with respect to executive officer liability.

Implications of amendment pattern. The amendment history shows the legislature addressed executive officer liability (2015) and court procedure/related Local Court matters (2016), with later formal redrafting (2018). The statutory coordination with Commonwealth licensing requirements (s 9(3)(a)(iii)(F)) was present from the original enactment; subsequent subordinate instruments (regulations, approved forms) have been left to operationalise many requirements (s 48-49). Always check the latest consolidated version and subordinate instruments for current compliance requirements and fees.

The statute text and endnotes supplied contain no judicial decisions or reported litigation that interpret provisions of the Poppy Regulation Act 2014. The Act directs review of administrative decisions to the Northern Territory Civil and Administrative Tribunal (s 13-14) and channels forfeiture and retention applications to the Local Court (s 29-31). However, the source does not name any cases, nor does it include citations to judicial consideration of the Act’s provisions. Practitioners seeking precedent on interpretation of fit and proper tests, executive officer liability under s 42, application of strict liability provisions, the Authority’s certificate under s 44(2), or Local Court orders under s 30, will need to search Territory court databases and tribunal decisions after the Act’s commencement and subsequent amendments.

Where litigation is contemplated. The Act’s structure gives predictable loci for challenge:

Administrative review in NT Civil and Administrative Tribunal for decision notices (s 13-14).
Local Court challenges and applications regarding retention periods (s 29-30), forfeiture/harvest/destruction orders and cost recovery (s 30-31, s 46).
Criminal prosecutions which can only be commenced by or with the written approval of the Authority (s 44(1)(a)), creating a gatekeeper role for the Authority in determining which matters proceed to criminal courts.

Because the supplied source contains no cases, any analysis about how courts have interpreted specific provisions (for example, what constitutes being “fit and proper”, or the threshold for “reckless” in s 42 and s 43) cannot be supplied from the Act’s text. Practitioners should search tribunal determinations and Local Court files for jurisprudence applying the Act, and check whether the Authority has published policy guidelines or decision summaries that inform how it exercises discretion under s 9, s 11 and s 12.

Licence non‑transferability and term limits. Licences cannot be transferred (s 7(4)) and may not exceed three years (s 7(5)(a)). That is a contractual and commercial constraint: buyers cannot acquire operating capacity by assignment of licence; continuity relies on renewal procedures (s 10). Licensees should plan renewals at least two months before expiry as required by s 10(2), because lapse may leave operations unlicensed and expose persons to s 32 offences.

Fit and proper and associates coverage. Application obligations extend beyond the applicant to associates, employees and contractors: the Authority must be satisfied the applicant and the applicant’s associates are fit and proper persons and that contractors and employees are appropriate persons before issuing a licence (s 9(5)(a), s 8(2)(c)-(e)). The definition of “associate” is wide (s 4), capturing family, trustees, partners and companies subject to control thresholds. Practitioners must audit entire ownership and control chains and associated individuals for fitness concerns; a failure in an associate can be a ground for refusal or later suspension under s 12(d).

Police certificate timing and effect. The Commissioner of Police has 28 days to issue a certificate stating whether a good reason exists to refuse a licence; the absence of any certificate within 28 days is treated as not objecting (s 9(2), s 9(5)(d)(ii)). Conversely, an adverse certificate within 28 days supports refusal; the Act also allows the Commissioner to request suspension or cancellation on the basis of protected information (s 12(1)(g), s 12(4)). The protected information definition is broad, including anything likely to reveal identities of informants, investigation methods, or that would jeopardise investigations (s 12(4)(a)-(g)). Applicants should engage early with police and be prepared to address security and integrity concerns.

Strict liability elements. Several offences contain strict liability elements (s 35(2), s 36(2), s 38(3), s 40(2), s 41(2), s 42(2)). Practitioners must identify which statutory elements are strict and craft compliance controls that address those risk areas, because strict liability removes the prosecution’s burden to prove mens rea for the specific element.

Limited privilege on self‑incrimination and admissibility carve‑outs. The Act removes the right to refuse to give information on self‑incrimination grounds (s 25(1)) in certain compulsory disclosure contexts, but then limits admissibility of that information except for proceedings under the Act and two specified Acts (s 25(2)). That means information compelled during an inspection can be used in prosecutions for poppy offences and matters under the Medicines, Poisons and Therapeutic Goods Act 2012 and the Misuse of Drugs Act 1990; it may remain protected for other civil or criminal matters. Legal advisers should advise clients about those narrow admissibility rules before compelled interviews.

Authority‑only prosecutions and limitation. Private prosecutions are effectively excluded: proceedings for an offence may only be commenced by, or with the written approval of, the Authority (s 44(1)(a)). There is a three‑year time limit measured from when the Authority first became aware of the alleged offence (s 44(1)(b)); the Authority’s certificate about that day is evidence of the date (s 44(2)). Defence strategy should consider challenging the content or timing of the Authority’s awareness where limitation is in issue.

Seizure, retention and forfeiture sequencing. Seizure procedures require a receipt and record (s 26(1)). If seized material is not returned within three months, the Authority must take reasonable steps to return it, unless proceedings commenced or the Local Court extends retention (s 28(3)). Local Court extensions can push retention up to 12 months total where retention is necessary for investigation (s 29(3)). The Authority can ask the Local Court for forfeiture where the Authority cancelled a licensee’s licence for contravention or considers there is no lawful owner (s 30(1)). The Local Court can order harvest or destruction where a risk to public health and safety exists (s 30(2)-(3)). Practitioners should plan for chain of custody, evidence preservation, and possible early applications to the Local Court to seek return or contest retention and forfeiture.

Liability for executives and licensees for others’ acts. Sections 42 and 43 extend liability to executive officers of bodies corporate and to licensees for contractors and employees, respectively, where recklessness and failure to take reasonable steps are established. The Act lists factors courts must consider when deciding whether reasonable steps were taken (s 42(3)(a)-(b)). These provisions create a compliance standard requiring documented prevention measures: policies, audits, training, independent professional assessments and swift remedial actions when risks are identified.

Administrative discretion and record obligations. The Authority has broad discretion to impose terms and conditions, amend licences on its own initiative, suspend or cancel licences on several grounds including fraud, non‑compliance, or where the place is no longer appropriate (s 11, s 12). Licence holders must keep “complete records” of activity (s 9(3)(a)(iii)(E)), but the Act leaves details to regulations and approved forms (s 48-49). Operating without accurate records or ignoring imposed terms exposes licensees to criminal penalties.

Confidentiality offences and information handling. Officials who disclose information obtained in administering the Act may commit an offence with substantial penalties (s 40(1)); strict liability applies to the obtaining element (s 40(2)). Exceptions exist for administration, consent, legal proceedings and public availability (s 40(3)). Practitioners advising regulators should ensure secure handling and clear protocols for authorised disclosure.

Costs and recovery. The Authority may recover costs for enforcement or carrying out Local Court orders as a debt to the Territory (s 31, s 46). Those powers create a direct financial exposure that should be factored into cost-benefit modelling of compliance and enforcement responses.

Pre‑application and corporate due diligence. Before applying for a poppy licence, conduct a thorough due diligence exercise on ownership, control and associates. The application requires evidence that the applicant, associates, employees and contractors are fit and proper persons (s 8(2)(c)-(e); s 9(5)(a)). Given the Act’s broad “associate” definition (s 4), map family relationships, trusteeship arrangements and corporate control structures to identify persons who must be addressed in fit and proper checks. Prepare police checks, references, governance documents and corporate records to support the application.

Risk management plan and site security. The application must be accompanied by a proposed plan for managing risks associated with the activity, in compliance with any regulation (s 8(2)(a)). Provide evidence the place is appropriate as to location, facilities and proposed security arrangements (s 8(2)(b); s 9(5)(c)). The Authority will insist on the plan being incorporated into the licence terms and will require compliance with it (s 9(3)(a)(iii)(D)). Prepare physical security plans, access controls, CCTV, secure storage, and personnel vetting to demonstrate manageability of risks.

Engage early with police and regulators. Because the Commissioner of Police issues a certificate within 28 days on whether there is a good reason not to issue a licence (s 9(2)), early engagement with police can pre‑empt objections. Where processing is proposed, ensure Commonwealth licences required under Commonwealth law are in place or will be obtained (s 9(3)(a)(iii)(F)). Consider pre‑application meetings with the Authority to clarify expectations for plans, record formats and security.

Design contractor and employment controls. The licence permits contractors and employees to act under the licence, but the Authority must be satisfied those persons are appropriate (s 7(3), s 8(2)(d)-(e), s 9(3)(a)(iii)(C)). Ensure written contracts incorporate compliance requirements, vet contractors, require background checks, and maintain training and supervision. For employees, implement onboarding procedures, confidentiality agreements and disciplinary policies aligned with Act obligations to reduce the risk of vicarious liability under s 43.

Compliance programme and audit trail. Because liability for executive officers and licensees turns on whether reasonable steps were taken to prevent contraventions (s 42(3); s 43(2)(c)), implement and document a compliance system: regular professional assessments of compliance with declared provisions, tracking of recommendations and actions taken, training records for employees and contractors, incident registers, and internal audits. Keep complete and contemporaneous records of all activity under the licence (s 9(3)(a)(iii)(E)).

Responding to poppy control officers. Train staff to comply with inspection powers: produce identity cards on request (s 19(4)), provide specified information when lawfully required (s 24), and avoid obstructing officers (s 35). Recognise that refusal on self‑incrimination grounds is not a reasonable excuse (s 25(1)); however, prepare for how disclosed information may be used in prosecutions under this Act, the Medicines, Poisons and Therapeutic Goods Act 2012, or the Misuse of Drugs Act 1990 (s 25(2)). Have legal counsel available when interactions with poppy control officers escalate.

Handling seized material. Establish chain‑of‑custody procedures and documentation protocols in case material is detained or seized: the Act requires a written record and a receipt identifying the material, officer and reasons for seizure (s 26(1)). If material is seized, prepare to seek return if the reason for seizure ceases, or, where applicable, plan for responses to retention extension applications to the Local Court (s 28-29). If surrendering material under negotiation, understand the Authority’s options to harvest, destroy or enter into agreements to deal with the material (s 27).

Managing administrative reviews and prosecutions. If a decision notice is served (s 12(2)), apply for review to the Northern Territory Civil and Administrative Tribunal within 28 days (s 13(2)). For prosecutions, be aware that only the Authority may initiate proceedings (s 44(1)(a)) and that a three‑year limitation applies from the date the Authority first became aware of the alleged offence (s 44(1)(b)-(2)). Preserve evidence showing compliance, communications with the Authority, and remedial actions taken , these are likely to be material to showing due diligence or a reasonable steps defence.

Document retention and record keeping. Maintain records that demonstrate compliance with the licence and the included risk management plan, including logs for cultivation, processing batches, transport manifests, chain of custody, personnel training and contractor supervision. The Act requires complete records of activity (s 9(3)(a)(iii)(E)), and those records will be central to defending licence contravention allegations or executive officer inquiries.

Confidentiality and information security. For officials and contractors, implement protocols to protect confidential information obtained in connection with the Act; disclosure by officials can be an offence (s 40). Ensure staff understand the limited exceptions to confidentiality in s 40(3) and have legal guidance where disclosure is contemplated for administration, by consent or for legal proceedings.

Plan for regulatory changes and subordinate instruments. Because many operational details are left to regulations and approved forms (s 48-49), build flexibility into compliance systems to accommodate regulatory updates, fee changes and prescribed documentation formats. Monitor subordinate instrument publications and Authority guidance closely for changes affecting application contents, fees, or record templates.

Insurance and cost contingency. Be aware the Authority may recover costs it incurs in carrying out Local Court orders and that the Court may order reimbursement of investigation costs where an offender is convicted (s 31, s 46). Ensure commercial insurance and financial planning account for potential cost recovery or enforcement expenses.

Return of identity cards and official immunities. If a person ceases to be a poppy control officer, they must return their identity card within 21 days to avoid a strict liability offence (s 41). Persons acting in good faith under the Act as Authority members or poppy control officers are protected from civil or criminal liability for their acts in question (s 47); however, entities should ensure authorising instruments and training exist to reduce exposure to claims outside the good faith protection.

Regulatory engagement and policy monitoring. Given the Authority’s broad powers to impose conditions, amend licences and suspend or cancel licences for wide grounds including fraud, non‑compliance or place unsuitability (s 11-12), maintain active engagement with the Authority, keep documented compliance actions, and consider securing formal advice or memoranda of understanding on contentious matters to establish the factual record in the event of enforcement action.

Poppy Regulation Act 2014

Plain English Summary

Deep Dive

What it does

Current sections

Poppy Regulation Act 2014

Source text: opening excerpt

1 Poppy Regulation Act 2014

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply