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
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.
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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.
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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