Western Australian Consolidated Acts

INDUSTRIAL HEMP ACT 2004 - SECT 3

3 .         Terms used in this Act

        (1)         In this Act, unless the contrary intention appears —

        application means an application made under section 5;

        approved means approved by the Registrar;

        approved analyst has the meaning given to that term in section 3(1) of the Misuse of Drugs Act 1981 ;

        approved botanist has the meaning given to that term in section 3(1) of the Misuse of Drugs Act 1981 ;

        authorised activity , in relation to a licence, means an activity authorised by the licence;

        authorised premises , in relation to a licence, means the premises described in the licence under section 14;

        cannabis means plant of the genus Cannabis (by whatever name designated) or part of that plant;

        Commissioner means the Commissioner of Police appointed under the Police Act 1892 ;

        Department means the department of the Public Service principally assisting the Minister in the administration of this Act;

        external serious drug offence has the meaning given to that term in section 32A(3) of the Misuse of Drugs Act 1981 ;

        industrial hemp means cannabis, the leaves and flowering heads of which do not contain more than 0.35% of tetrahydrocannabinol;

        industrial hemp seed means seed that is certified in an approved manner as —

            (a)         having been produced from industrial hemp; or

            (b)         producing, when cultivated, industrial hemp;

        inspector means —

            (a)         a person appointed under section 38(1); or

            (b)         a police officer;

        licence means a licence issued and in force under this Act;

        licensee means the holder of a licence;

        plant includes seed and any other part of a plant;

        premises means land (whether built on or not), or a building or structure on land, and includes a part of premises;

        process means to treat by mechanical, chemical or other artificial means but does not include harvesting;

        Registrar means the person who for the time being holds, or acts in, the position referred to in section 45;

        serious drug offence has the meaning given to that term in section 32A(3) of the Misuse of Drugs Act 1981 .

        (2)         If a licence is granted to 2 or more persons under section 10, references in this Act to a licence holder or licensee are to those persons jointly, unless a contrary intention appears.

        (3)         References in provisions of this Act that create offences to a licence holder or licensee include a partnership to which a licence has been issued or transferred and the provisions apply to a partnership as if the partnership were a person, but any offence against a provision of this Act that would otherwise be an offence by the partnership is to be taken to have been committed by each of the partners.