Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) This section applies if—
(a) the chief executive cancels a licensee's licence under section 35 (Suspension and cancellation of licence) or section 37 (Immediate cancellation); and
(b) the licensee possesses hemp plants.
(2) If the hemp plants cannot be harvested, the chief executive may destroy the plants in the way the chief executive considers appropriate.
Examples
1 ploughing or burning plants that are too small to harvest
2 burning plants that cannot be harvested because of flooding
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(3) However, if the hemp plants can be harvested, the chief executive may—
(a) harvest the plants and any seed on the plants; and
(b) for industrial hemp seed—
(i) denature the seed; or
(ii) supply processed hemp to a person who may lawfully possess it; and
(c) for class A or class B research hemp plant or seed—supply the harvested material to a person who may lawfully possess it.
(4) For this section, the chief executive may—
(a) enter and re-enter the place stated in the cancelled licence as often as is reasonable and necessary; and
(b) bring onto the place help, machinery and other equipment that is reasonable and necessary.
(5) For subsections (2) to (4)—
(a) the chief executive is taken to hold a licence identical to the cancelled licensee for the place stated in the cancelled licence; and
(b) hemp plants in the possession of the former licensee immediately before the cancellation are taken to be in the chief executive's possession and not the possession of the former licensee; and
(c) if—
(i) the cancelled licence was a category 1 or category 2 researcher licence; and
(ii) under the cancelled licence, class A or class B research hemp plants are growing on land owned or leased by a grower as part of a field trial conducted under the supervision of the grower or former licensee;
the class A or class B research hemp plants are taken to be in the chief executive's possession and not in the possession of the grower or former licensee.
(6) However, section 10 (1) (b) (What category 1 researcher licence authorises), section 11 (1) (b) (What category 2 researcher licence authorises) and section 12 (b) and (e) (What grower licence authorises) do not apply to the chief executive, other than to the extent necessary to allow the following plants to continue to grow until they can be destroyed or harvested:
(a) hemp plants already growing on land to which the cancelled licence relates;
(b) for land owned or leased by a grower for a former licensee—hemp plants growing on that land.
(7) No compensation is payable by the Territory because of the cancellation or because of the destruction of hemp plants or seed under this section.