Amendments to Hemp Industry Act 2008
Amendments to Hemp Industry Act 2008
Hemp SLR Amendments – Summary tables of changes
Statute Law (Miscellaneous Provisions) Bill 2023 Amendments
Legislation | Regulation | Section/ Clause | Amendment | What this means |
Hemp Industry Act 2008 | Low-THC hemp | 3 | Amending the definition of low-THC hemp in section 3 to include ‘resin’ as an example of a product that can be derived from a low-THC Plant. | Clarify that resin is an example of a product that can be derived from a low-THC hemp, along with oil and fibre. |
Hemp Industry Act 2008 | Low-THC hemp | 5 | Amending section 5 by inserting a new note that refers to the updated definition of low-THC hemp including resins and other products derived from the plant. | Clarify that a licence authorising a person to cultivate or supply low-THC hemp can include the production of oil, fibre or resin. |
Hemp Industry Act 2008 | Low-TCH hemp | 5 | Removing the second note in section 5 that refers to provisions relating to the regulation of the cultivation of cannabis (including low-THC hemp) for medicinal and related scientific purposes, contained in the Narcotic Drugs Act 1967 (Cth). | Avoids confusion for industry participants and aids interpretation of the Act. |
Statute Law (Miscellaneous Provisions) Bill (No 2) 2022 Amendments
Legislation | Regulation | Section/ Clause | Amendment | What this means |
Hemp Industry Act 2008 | Authorised officer | 3 | Inserting definition of authorised officer. | The term inspector has been replaced with authorised officer to modernise the legislation. |
Hemp Industry Act 2008 | Authorised officer | 3 | Removing definition of inspector. | The term inspector has been replaced with authorised officer to modernise the legislation. |
Hemp Industry Act 2008 | Authorised officer | 3 | Replacing “inspector”, “inspector’s” and “inspectors” with the terms “authorised officer”, authorised officer’s” and “authorised officers” as appropriate. | The term inspector has been replaced with authorised officer to modernise the legislation. |
Hemp Industry Act 2008 | Authorised officer | 45 | Amending to “authorised officer includes a police officer”. | This amendment will provide consistent terminology. |
Hemp Industry Act 2008 | Search warrants | 28 | Replacing “authorised officer” with the term “issuing officer”, and for “issuing officer to have the same meaning as an authorised officer as defined in the Law Enforcement (Powers and Responsibilities) Act 2002. | This will create consistency with the Biosecurity Act 2015, and reduce confusion with authorised officers appointed under Department legislation. |
Hemp Industry Act 2008 | Licensing | 11, 15, 16, 36, 38 | Replacing “revocation”, “revoke”, and “revoked” with the terms “cancellation”, “cancel”, and “cancelled”. | The change in terminology will introduce consistency used across other statute laws administered and enforced by DPI Biosecurity and Food Safety officers. |
Hemp Industry Act 2008 | Notices, orders and other documents | 42 | Amending to allow for the service of documents by any form of electronic transmission to a nominated address or location. | Previously notices, orders and other documents under the Act could be served personally, by post or e-mail, or by any other method prescribed in regulations made under the Act. This change expands the options to allow for service of documents by any forms of electronic transmission to a nominated address or location. |
Hemp Industry Regulation 2016 | Licensing | 8, 11 | Replacing “revocation with “cancellation” wherever occurring | The change in terminology will introduce consistency used across other statute laws administered and enforced by DPI Biosecurity and Food Safety officers. |
