Western Australian Numbered Acts Western Australian Numbered Acts (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.