(1) A person must not, in any official document, make a statement that the person knows, or could reasonably be expected to know:(a) is false or misleading in a material respect, or(b) omits material matter.
Maximum penalty: 100 penalty units or imprisonment for 2 years, or both.(2) In this section:
official document means any application under this Act or any other document that is required to be provided to the Director-General under this Act or the regulations.
(1) If a person is found guilty by a court of an offence under this Act or the regulations, the court may order the forfeiture to the Crown of any low-THC hemp that was, at the time of the commission of the offence, in the person’s possession or apparently under the person’s control.(2) If a licence is revoked, any low-THC hemp in the possession of the former licensee or apparently under the former licensee’s control is forfeited to the Crown.(3) Any low-THC hemp that is forfeited to the Crown under this section is to be destroyed in accordance with the directions of the Director-General.(4) However, the Director-General may, instead of directing the destruction of the low-THC hemp, authorise a person to take possession of the low-THC hemp, on behalf of the Crown, so that it can be cultivated or supplied for a purpose specified by the Director-General.(5) If any low-THC hemp is destroyed under this section, the person referred to in subsection (1) or the former licensee, as the case requires, must pay to the Crown the reasonable costs of the destruction.
(1) For the purposes of assisting in the administration of this Act, the Director-General may enter into arrangements with a relevant agency for the supply to the Director-General of any information held by the agency.(2) Any such arrangement is sufficient authority for the supply of the information concerned.(3) In this section:
relevant agency means:(a) the NSW Police Force or the police force of another State or Territory or of an overseas jurisdiction, or(b) the Australian Federal Police, or(c) the New South Wales Crime Commission, or(d) the Australian Crime Commission, or(e) any other authority or person responsible for the investigation or prosecution of offences against the laws of the State or of the Commonwealth, another State or Territory or an overseas jurisdiction, or(f) any person or agency exercising functions under a corresponding law, or(g) any other person or body prescribed by the regulations for the purposes of this section.
A person may apply to the Administrative Decisions Tribunal for a review of a decision by the Director-General:(a) to impose a condition on a licence held by the person or to vary any such condition imposed by the Director-General, or(b) to refuse to renew a licence granted to the person, or(c) to suspend or revoke a licence held by the person.
(1) The amount of a fee approved by the Director-General under this Act must not exceed the amount (if any) prescribed in respect of any such fee by the regulations.(2) The Director-General may waive all or part of any fee payable under this Act in any circumstances the Director-General considers appropriate.
(1) Any matter or thing done or omitted to be done by a person who is:(a) the Director-General, or(b) acting under the direction of the Director-General, or(c) a member of staff of the Department, or(d) an inspector,does not, if the matter or thing was done or omitted to be done in good faith for the purpose of exercising a function under this Act, make the person personally liable to any action, liability, claim or demand in respect of that matter or thing.(2) However, any such liability attaches instead to the Crown.
The Director-General may delegate the exercise of any function of the Director-General under this Act (other than this power of delegation) to:(a) any member of staff of the Department, or(b) any person, or any class of persons, authorised for the purposes of this section by the regulations.
(1) A document that is authorised or required by this Act or the regulations to be served on, or given to, any person may be served or given by:(a) in the case of a natural person:(i) delivering it to the person personally, or(ii) sending it by post to the address specified by the person for the giving or service of documents or, if no such address is specified, the residential or business address of the person last known to the person giving or serving the document, or(iii) sending it by facsimile transmission to the last known facsimile number of the person, or(b) in the case of a body corporate:(i) leaving it with a person apparently of or above the age of 16 years at, or by sending it by post to, the head office, a registered office or a principal office of the body corporate or to an address specified by the body corporate for the giving or service of documents, or(ii) sending it by facsimile transmission to the last known facsimile number of the body corporate.(2) Nothing in this section affects the operation of any provision of a law or of the rules of a court authorising a document to be served on a person in any other manner.
(1) If a corporation contravenes any provision of this Act, each person who is a director of the corporation or who is concerned in the management of the corporation is taken to have contravened the same provision if the person knowingly authorised or permitted the contravention.(2) A person may be proceeded against and convicted under a provision pursuant to subsection (1) whether or not the corporation has been proceeded against or convicted under that provision.(3) Nothing in this section affects any liability imposed on a corporation for an offence committed by the corporation under this Act.
(1) Proceedings for an offence under this Act or the regulations may be dealt with summarily before the Local Court.(2) Any such proceedings must be commenced not later than 12 months from when the offence was alleged to have been committed.
(1) An authorised officer may serve a penalty notice on a person if it appears to the officer that the person has committed an offence under this Act, being an offence prescribed by the regulations.(2) A penalty notice is a notice to the effect that, if the person served does not wish to have the matter determined by a court, the person may pay within a time and to a person specified in the notice the amount of penalty prescribed by the regulations for the offence if dealt with under this section.(3) A penalty notice may be served personally or by post.(4) If the amount of penalty prescribed for an alleged offence is paid under this section, no person is liable to any further proceedings for the alleged offence.(5) Payment under this section is not to be regarded as an admission of liability for the purpose of, and does not in any way affect or prejudice, any civil proceeding arising out of the same occurrence.(6) The regulations may:(a) prescribe an offence for the purposes of this section by specifying the offence or by referring to the provision creating the offence, and(b) prescribe the amount of penalty payable for the offence if dealt with under this section, and(c) prescribe different amounts of penalties for different offences or classes of offences.(7) The amount of a penalty prescribed under this section for an offence must not exceed the maximum amount of penalty that could be imposed for the offence by a court.(8) This section does not limit the operation of any other provision of, or made under, this or any other Act relating to proceedings that may be taken in respect of offences.(9) In this section:
authorised officer means a police officer or an inspector.
(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.(2) In particular, the regulations may:(a) require holders of licences to keep records for the purposes of this Act and to provide reports to the Director-General on such matters as may be prescribed by the regulations, and(b) make provision for the charging of annual licence fees and other fees associated with the administration of the licensing scheme under this Act (including provision for the payment of such fees by instalments), and(c) make further provision for or with respect to the suspension, renewal and transfer of licences.(3) The regulations may create offences punishable by a penalty not exceeding 50 penalty units.
This Act binds the Crown in right of New South Wales and, in so far as the legislative power of the Parliament of New South Wales permits, the Crown in all its other capacities.
Schedule 1 has effect.
(1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.(2) The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.(3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.