Drugs, Poisons and Controlled Substances (Industrial Hemp) Regulations 2018 (Vic)

Version No. 001

Drugs, Poisons and Controlled Substances (Industrial Hemp) Regulations 2018

S.R. No. 102/2018

Version as at

24 August 2018

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Revocation

5Application and renewal fees for an authority to cultivate and process low-THC cannabis

6Authorisation and determination of fees and charges imposed by inspectors

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Endnotes

1      General information

2      Table of Amendments

3      Amendments Not in Operation

4      Explanatory details

Version No. 001

Drugs, Poisons and Controlled Substances (Industrial Hemp) Regulations 2018

S.R. No. 102/2018

Version as at

24 August 2018

1Objective

The objective of these Regulations is—

(a)to prescribe fees for the application and renewal of an authority to cultivate and process low-THC cannabis; and

(b)to authorise and require inspectors to impose certain fees and charges.

2Authorising provision

These Regulations are made under section 69M of the Drugs, Poisons and Controlled Substances Act 1981.

3Commencement

These Regulations come into operation on 24 August 2018.

4Revocation

The Drugs, Poisons and Controlled Substances (Industrial Hemp) Regulations 2008[1] are revoked.

5   Application and renewal fees for an authority to cultivate and process low-THC cannabis

(1)For the purposes of section 62(2)(b) of the Drugs, Poisons and Controlled Substances Act 1981, the prescribed application fee is 30 fee units.

(2)For the purposes of section 67(1)(b) of the Drugs, Poisons and Controlled Substances Act 1981, the prescribed fee is 9×5 fee units.

6Authorisation and determination of fees and charges imposed by inspectors

(1)Inspectors are authorised and required to impose fees and charges at the rate of 3×5 fee units for each quarter of an hour or part thereof spent providing the following services—

(a)sampling and testing of cannabis plants, crops or products;

(b)supervising the harvesting, disposal or destruction of cannabis plants, crops or products;

(c)carrying out inspections, supervision or surveillance of cannabis plants, crops or products;

(d)carrying out inspections or assessments (including online assessments) of a premises or site proposed to be added to a current authority as a premises or site on which activities authorised by that authority are to be carried out.

(2)When calculating the time spent providing a service under subregulation (1), the time spent by an inspector travelling between where the service is provided and the inspector's principal work location must be included.

(3)Despite subregulation (1), the maximum daily amount which an inspector may impose in respect of each service is 56 fee units.

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Endnotes

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Drugs, Poisons and Controlled Substances (Industrial Hemp) Regulations 2018, S.R. No. 102/2018 were made on 17 July 2018 by the Governor in Council under section 69M of the Drugs, Poisons and Controlled Substances Act 1981, No. 9719/1981 and came into operation on 24 August 2018: regulation 3.

The Drugs, Poisons and Controlled Substances (Industrial Hemp) Regulations 2018 will sunset 10 years after the day of making on 17 July 2028 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule.  Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. 
See section 36(1A)(2A)(2B).

•     Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule.  Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule.  See section 36(3A).

•     Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule.  Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

•     Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001.  Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule.  See section 36(3)(3D)(3E).

2   Table of Amendments

There are no amendments made to the Drugs, Poisons and Controlled Substances (Industrial Hemp) Regulations 2018 by statutory rules, subordinate instruments and Acts.

3   Amendments Not in Operation

There are no amendments which were Not in Operation at the date of this publication.

4   Explanatory details

[1] Reg. 4: S.R. No. 98/2008.

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Fee Units

These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004.

The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.

The value of a fee unit for the financial year commencing 1 July 2018 is $14.45. The amount of the calculated fee may be rounded to the nearest 10 cents.

The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.