Industrial Hemp Regulations 2016

Industrial Hemp Regulations 2016

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Industrial Hemp Act 2015 .

C. WARNER

Governor

By Her Excellency's Command,

JEREMY ROCKLIFF

Minister for Primary Industries and Water

1.   Short title

These regulations may be cited as the Industrial Hemp Regulations 2016 .

2.   Commencement

These regulations take effect on the day on which the Industrial Hemp Act 2015 commences.

3.   Interpretation

In these regulations –

Act means the Industrial Hemp Act 2015 .

4.   Certified hemp seed

Certified hemp seed means seed that –

(a) has been tested in accordance with a quality assurance program approved by the Secretary; and

(b) will, or is likely to, produce cannabis plants with a THC concentration in the leaves and flowering heads of not more than 0.5%.

5.   Corresponding laws

For the purposes of the Act, a law of another State or a Territory that corresponds, or substantially corresponds, to the following laws is declared to be a corresponding law:

(a) the Criminal Code Act 1924 ;

(b) the Misuse of Drugs Act 2001 ;

(c) the Poisons Act 1971 .

6.   

7.   Testing of hemp

Any hemp grown under a licence is to be tested at any appropriate time or times during the growing season to determine the concentration of THC in the hemp.

7A.   Determining application for special research licence

[Regulation 7A Inserted by No. 22 of 2024, s. 24, Applied:08 Nov 2024] The Secretary must not grant a special research licence to an applicant unless the Secretary is satisfied that the applicant has demonstrated the following:

(a) that the research to be conducted under the licence will use a scientifically valid research method and approach;

(b) the potential benefits of the research to the industrial hemp industry;

(c) that appropriate safety and security measures will be put in place to ensure that the hemp is secured against theft, loss or unauthorised interference.

8.   Infringement offences

(1)  For the purposes of section 32 of the Act, an offence under a provision of the Act specified in column 2 of the table set out in Schedule 1 is an offence in respect of which an infringement notice may be issued.

(2)  The penalty specified in column 3 of the table set out in Schedule 1 in respect of an offence in column 2 of that Schedule is the penalty payable under an infringement notice issued in respect of that offence.

SCHEDULE 1 - Infringement Notice Offences and Penalties

Regulation 8

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 2 March 2016

These regulations are administered in the Department of Primary Industries, Parks, Water and Environment.