16   Offence—importation of cannabis products

                   A person commits an offence if:

                     (a)  the person imports a cannabis product into Australia; and

                     (b)  the importation is not authorised by a licence.

Penalty:  Imprisonment for 2 years or 2,000 penalty units, or both.

17   Offence—exportation of cannabis products

                   A person commits an offence if:

                     (a)  the person exports a cannabis product from Australia; and

                     (b)  the exportation is not authorised by a licence.

Penalty:  Imprisonment for 2 years or 2,000 penalty units, or both.

18   Offence—growing cannabis plants

             (1)  A person commits an offence if:

                     (a)  the person grows a cannabis plant; and

                     (b)  the growing of the cannabis plant is a regulated cannabis activity; and

                     (c)  the growing of the cannabis plant is not:

                              (i)  permitted under subsection (2); or

                             (ii)  authorised by a licence; and

                     (d)  the person is 18 years of age or older.

Penalty:  Imprisonment for 6 months or 200 penalty units, or both.

             (2)  The growing of a cannabis plant by a person is permitted under this subsection if all of the following apply:

                     (a)  the plant is being grown at a private residence of the person;

                     (b)  the plant is being grown for the purposes of personal use, or other non-commercial use, only (and not for sale);

                     (c)  the plant is not accessible by the public;

                     (d)  at the time the plant is being grown, no more than 5 other cannabis plants are being grown (whether by the person or another person) at a private residence of the person.

19   Offence—manufacturing cannabis products

             (1)  A person commits an offence if:

                     (a)  the person manufactures a cannabis product; and

                     (b)  the manufacture of the cannabis product is a regulated cannabis activity; and

                     (c)  the manufacture of the cannabis product is not:

                              (i)  permitted under subsection (2); or

                             (ii)  authorised by a licence; and

                     (d)  the person is 18 years of age or older.

Penalty:  Imprisonment for 6 months or 200 penalty units, or both.

             (2)  The manufacture of a cannabis product by a person is permitted under this subsection if the cannabis product is being manufactured for the purposes of personal use, or other non-commercial use, only (and not for sale).

20   Offence—selling cannabis products without a licence

                   A person commits an offence if:

                     (a)  the person sells a cannabis product at a particular time (the sale time ); and

                     (b)  the selling of the cannabis product is a regulated cannabis activity; and

                     (c)  the selling of the cannabis product is not authorised by a licence; and

                     (d)  the total value of all cannabis products sold by the person:

                              (i)  by way of regulated cannabis activities; and

                             (ii)  in a way not authorised by a licence; and

                            (iii)  during the 24 hours ending at the sale time;

                            exceeds the greater of 送50 and any higher amount prescribed by the regulations.

Penalty:  Imprisonment for 6 months or 200 penalty units, or both.

21   Offence—selling cannabis products to minors

                   A person commits an offence if:

                     (a)  the person sells a cannabis product to another person; and

                     (b)  the selling of the cannabis product is a regulated cannabis activity; and

                     (c)  the person knows, or is reckless as to whether, the other person is under 18 years of age.

Penalty:  Imprisonment for 6 months or 200 penalty units, or both.

22   Offence—allowing minors to have access to cannabis product s

                   A person commits an offence if:

                     (a)  the person knowingly allows another person to have access to a cannabis product; and

                     (b)  the person knows, or is reckless as to whether, the other person is under 18 years of age; and

                     (c)  one or more of the following apply:

                              (i)  the cannabis product consists of, or includes, a registered cannabis strain;

                             (ii)  the cannabis product consists of, or includes, a cannabis strain that is the subject of a licence;

                            (iii)  the cannabis product is the subject of a licence.

Penalty:  Imprisonment for 6 months or 200 penalty units, or both.

23   Offence—publishing cannabis advertisements

             (1)  A person commits an offence if:

                     (a)  the person publishes something, or authorises or causes something to be published; and

                     (b)  the thing is a cannabis advertisement; and

                     (c)  the cannabis advertisement is published in Australia; and

                     (d)  either or both of the following apply:

                              (i)  the cannabis advertisement relates to a cannabis product that consists of, or includes, a registered cannabis strain;

                             (ii)  the cannabis advertisement is published in the course of, or for the purposes of, regulated trade or commerce.

Penalty:  Imprisonment for 6 months or 200 penalty units, or both.

             (2)  Subsection (1) does not apply if:

                     (a)  the cannabis advertisement is displayed at or on a place where cannabis products are offered for sale to the public; and

                     (b)  the selling of the cannabis products at the place is authorised by a licence; and

                     (c)  the display of the advertisement complies with all applicable requirements as to the size, content, format and location of the advertisement prescribed by the regulations.

Note:          A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code ).

24   Offence—publishing cannabis advertisements electronically

             (1)  A person commits an offence if:

                     (a)  the person publishes something, or authorises or causes something to be published; and

                     (b)  the thing is a cannabis advertisement; and

                     (c)  the cannabis advertisement is published electronically; and

                     (d)  the cannabis advertisement is published in Australia; and

                     (e)  either or both of the following apply:

                              (i)  the cannabis advertisement relates to a cannabis product that consists of, or includes, a registered cannabis strain;

                             (ii)  the cannabis advertisement is published in the course of, or for the purposes of, regulated trade or commerce.

Penalty:  Imprisonment for 6 months or 200 penalty units, or both.

             (2)  Section 15.2 of the Criminal Code (extended geographical jurisdiction—category B) applies to an offence against subsection (1).

Exception—advertisements for a Cannabis Café

             (3)  Subsection (1) does not apply if:

                     (a)  the person holds a licence authorising the operation of a Cannabis Café; and

                     (b)  the advertisement relates to the sale of cannabis products by the Café; and

                     (c)  the advertisement complies with all applicable requirements as to the size, content and format of the advertisement prescribed by the regulations; and

                     (d)  in publishing the advertisement, the person is complying with the conditions referred to in section 30.

Note:          A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code ).

Meaning of published in Australia

             (4)  In this section, a cannabis advertisement that is published electronically is published in Australia if:

                     (a)  the advertisement originates in Australia; or

                     (b)  all of the following apply:

                              (i)  the advertisement did not originate in Australia, or the advertisement’s origin cannot be determined;

                             (ii)  the advertisement has an Australian link;

                            (iii)  the advertisement is accessible, or intended to be accessible, by the public, or a section of the public, in Australia.

             (5)  A cannabis advertisement has an Australian link if:

                     (a)  at a particular time, the advertisement is published, or authorised or caused to be published, by an entity, or the person or persons constituting or responsible for an entity; and

                     (b)  at that time, the circumstances described in the following table apply to the entity.

25   Possession of cannabis products by minors

             (1)  This section applies if:

                     (a)  a person is in possession of a cannabis product; and

                     (b)  engaging in that conduct is an offence against a law of the Commonwealth or of a State or Territory; and

                     (c)  the person is under 18 years of age; and

                     (d)  one or more of the following apply:

                              (i)  the cannabis product consists of, or includes, a registered cannabis strain;

                             (ii)  the cannabis product consists of, or includes, a cannabis strain that is the subject of a licence;

                            (iii)  the cannabis product is the subject of a licence.

             (2)  Despite any other law of the Commonwealth, a State or a Territory:

                     (a)  the person is not criminally responsible for the offence; and

                     (b)  the cannabis product may be seized and destroyed by a police officer.

26   Possession of cannabis products by other persons

             (1)  This section applies if:

                     (a)  a person is in possession of a cannabis product; and

                     (b)  engaging in that conduct is an offence against a law of the Commonwealth or of a State or Territory; and

                     (c)  the person is 18 years of age or older; and

                     (d)  one or more of the following apply:

                              (i)  the cannabis product consists of, or includes, a registered cannabis strain;

                             (ii)  the cannabis product consists of, or includes, a cannabis strain that is the subject of a licence;

                            (iii)  the cannabis product is the subject of a licence.

             (2)  Despite any other law of the Commonwealth, a State or a Territory, the person is not criminally responsible for the offence.

27   Applications for licences

             (1)  A person may, in accordance with the regulations, apply to the Agency for a licence to be issued under section 28 to authorise the person to undertake one or more regulated cannabis activities.

Application fees

             (2)  The application must be accompanied by the fee (if any) prescribed by the regulations.

             (3)  However, no fee is payable for the application if it is made by:

                     (a)  an Indigenous person; or

                     (b)  a body corporate controlled (within the meaning of section 50AA of the Corporations Act 2001 ) by one or more Indigenous persons.

Other requirements for applications

             (4)  The application (or the applicant) must meet any other requirements prescribed by the regulations.

             (5)  Without limiting subsection (4), the regulations may:

                     (a)  require that the applicant not be temporarily or permanently disqualified from applying under this section; and

                     (b)  for the purposes of paragraph (a), provide that a person may be temporarily or permanently disqualified from applying under this section if the person:

                              (i)  has committed serious or repeated breaches of this Act; or

                             (ii)  has committed serious or repeated breaches of a previous licence (including a licence condition), and had that licence cancelled as a result.

28   Agency may issue licences

             (1)  Subject to subsection (2), the Agency may, on application made by a person under section 27, issue a licence to the person.

             (2)  If the licence will authorise a person to undertake a regulated cannabis activity mentioned in any of paragraphs 10(a), (b) or (d) to (f), the Agency must not issue the licence unless the person is:

                     (a)  an individual; or

                     (b)  a not-for-profit co-operative that is registered on a State or Territory co-operatives register; or

                     (c)  a person of a kind prescribed by the regulations.

             (3)  A licence authorises its holder to undertake the regulated cannabis activity or activities specified in the licence:

                     (a)  in accordance with the conditions of the licence; and

                     (b)  subject to the intellectual property rights of any person in relation to a cannabis strain under a law of the Commonwealth or of a State or Territory, or under the general law.

29   Conditions of licences —general

             (1)  A licence is subject to the following conditions:

                     (a)  the licence holder must not sell a cannabis product to a person who is under 18 years of age;

                     (b)  the licence holder must not allow any person who is under 18 years of age to have access to a cannabis product;

                     (c)  the licence holder must not sell a cannabis product if the product is not labelled, packaged and stored in accordance with all requirements determined under section 32 for the product;

                     (d)  the licence holder must not provide a cannabis product as part of a commercial promotional activity;

                     (e)  the licence holder, and any other person prescribed by the regulations, must undertake specified approved RSC training;

                      (f)  if the licence authorises the growing of a cannabis plant, the plant must not be grown in a residential zoned area;

                     (g)  any condition prescribed by the regulations;

                     (h)  any condition imposed by the Agency at the time the licence is issued or at any time afterwards.

             (2)  A condition imposed under paragraph (1)(h) has no effect unless it is set out in the licence or in a written notice given to the licence holder.

30   Conditions of licences—operating a Cannabis Café

             (1)  A licence that authorises the operation of a Cannabis Café is also subject to the following conditions:

                     (a)  the licence holder must ensure that any consumption of cannabis products by smoking:

                              (i)  occurs in an outdoor area; and

                             (ii)  does not unreasonably interfere with members of the public; and

                            (iii)  complies with any other requirements that apply under a law of the State or Territory where the Café is located;

                     (b)  the licence holder must ensure that the online sale of cannabis products by the Café:

                              (i)  occurs only through a website that is registered with the Agency; and

                             (ii)  does not exceed the sales limits specified in the licence; and

                            (iii)  complies with any other requirement specified in the licence;

                     (c)  any condition prescribed by the regulations;

                     (d)  any condition relating to the sale or consumption of cannabis products at the Café that is imposed by the Agency at the time the licence is issued or at any time afterwards.

             (2)  In specifying limits or requirements for the purposes of subparagraphs (1)(b)(ii) or (iii), the Agency must have regard to the following:

                     (a)  the need for controls and information that reflect responsible service of cannabis;

                     (b)  what is a reasonable quantity of cannabis for personal use, including over a period of time;

                     (c)  geographical factors that limit access to a Cannabis Cafe;

                     (d)  the need to protect purchase history information.

             (3)  Regulations made for the purposes of paragraph (1)(c) may limit online sales by a Cannabis Cafe to specific geographical areas in proximity to the Café.

             (4)  A condition imposed under paragraph (1)(d) has no effect unless it is set out in the licence or in a written notice given to the licence holder.

31   Other matters relating to licences

                   The regulations may make provision for and in relation to any other matter relating to licences, including the following:

                     (a)  the time limit for making licence decisions;

                     (b)  review by the Administrative Appeals Tribunal of decisions of the Agency relating to licences;

                     (c)  the establishment of a register that sets out particulars of licences issued;

                     (d)  the duration of licences;

                     (e)  the transfer of licences;

                      (f)  the imposition by the Agency of further conditions on licences, and the variation or revocation by the Agency of such further conditions;

                     (g)  the suspension and cancellation of licences.

32   Labelling, packaging and storage requirements for cannabis products

                   The Agency may, by legislative instrument, determine:

                     (a)  labelling requirements; and

                     (b)  packaging requirements; and

                     (c)  storage requirements;

for cannabis products that are for sale, where such sales are regulated cannabis activities.

Example 1: Labelling could be required to include information on:

(a)    safety and dosage; and

(b)    strength and chemical composition; and

(c)    growing conditions.

Example 2: Packaging could be required to be child-safe, and not to be attractive to children.

Note 1:       It is a condition of a licence for a licence holder to comply with these requirements (see paragraph 29(1)(c)).

Note 2:       The Agency may determine different labelling, packaging and storage requirements for different classes of cannabis products (see subsection 33(3A) of the Acts Interpretation Act 1901 ).