Document ID: chunk:federal_register_of_legislation:C2024C00536:section:15
Version: federal_register_of_legislation:C2024C00536
Segment Type: section
Provision Reference: s 15
Character Range: 138460–141199

15  Directions with respect to destruction, etc.
 (1) The Secretary may, by notice in writing given to a person who is, or has been, the holder of a medicinal cannabis licence, require the destruction of, or other dealings with, cannabis plants, cannabis or cannabis resin in the person's possession or control, if the Secretary is satisfied on reasonable grounds that:
 (a) the cannabis plants were cultivated or obtained, or the cannabis or cannabis resin was produced, in breach of the licence; or
 (b) the cannabis plants were cultivated or obtained, or the cannabis or cannabis resin was produced, in circumstances prescribed by the regulations; or
 (c) circumstances prescribed by the regulations for the purposes of this paragraph exist.
 (1A) The Secretary may, by notice in writing given to a person who is, or has been, the holder of a licence, require the destruction of, or other dealings with, a drug or a narcotic preparation that contains a drug in the person's possession or control, if the Secretary is satisfied on reasonable grounds that:
 (a) the drug or the drug contained in the narcotic preparation was manufactured in breach of the licence; or
 (b) the drug or the drug contained in the narcotic preparation was manufactured in circumstances prescribed by the regulations; or
 (c) circumstances prescribed by the regulations for the purposes of this paragraph exist.
 (2) If the Secretary requires the destruction of, or other dealing with, cannabis plants, cannabis, cannabis resin, drugs or narcotic preparations the Secretary may:
 (a) direct the person to whom the notice was given under subsection (1) or (1A), or a person in charge of the cannabis plants, cannabis, cannabis resin, drugs or narcotic preparations, to carry out the destruction or dealing; or
 (b) carry out the destruction or dealing; or
 (c) arrange for another person with appropriate qualifications or expertise to carry out the destruction or dealing.
 (3) If the Secretary:
 (a) directs the destruction of, or other dealing with, cannabis plants, cannabis, cannabis resin, drugs or narcotic preparations as mentioned in paragraph (2)(a); or
 (b) arranges for such destruction or dealing as mentioned in paragraph (2)(c);
the Secretary may supervise the destruction or dealing.
 (4) If the Commonwealth incurs costs because of a requirement under this section:
 (a) the person to whom the notice was given under subsection (1) or (1A) is liable to pay to the Commonwealth an amount equal to the costs; and
 (b) the amount may be recovered by the Commonwealth as a debt due to the Commonwealth in a court of competent jurisdiction.
Note: For requirements for a notice of a decision to give a direction under this section, see section 15F.