Industrial Hemp Act

Industrial Hemp Act

Reviews of decisions made under the Industrial Hemp Act 2017

From 12 November 2021, SACAT will have review jurisdiction under the Industrial Hemp Act 2017. This will enable SACAT to review certain decisions made  by the Chief Executive of the Department of Primary Industries and Regions under the Industrial Hemp Act 2017.

Types of Decisions that can be reviewed by SACAT

SACAT can review decisions made by the Chief Executive to:

  • grant or refuse a licence;
  • impose a term or condition on a licence or vary, suspend or revoke a term or condition of a licence;
  • renew a licence or refuse to renew a licence;
  • suspend or cancel a licence.

Applications of this kind will be handled by SACAT’s Administrative & Disciplinary Stream.

Time Limits:

An application for a review must be made within one month of the making of the relevant decision of the Chief Executive.

If the reasons of the Chief Executive are not given in writing at the time of making the decision and the person (within one month of the making of the decision) requires the Chief Executive to state the reasons in writing, the time for commencing proceedings before the Tribunal runs from the time at which the person receives the written statement of those reasons.

Before applying to SACAT for a review of a decision by the Chief Executive you must:

  1. Have a copy of the decision which you want to review – you should include this with your application.
  2. Ensure you are ready to pay the required fee for making an application.

How to apply:

Click here to start an online application.  In the field entitled ‘Type keyword here’ contained within Step 2 type the words ‘industrial hemp’ as shown below and then scroll down to select the correct application type.

If you are not sure if you have selected the correct application type you can hover over the ‘question mark’ on the right-hand side to see a brief description of the application you have selected.

If you have any further questions or you would like a staff member from SACAT to assist you to complete the application over the telephone please call SACAT on 1800 723 767 (and press menu option 1, and then 6).

You must upload a copy of the decision you are seeking to review when completing your on-line application, or you can email the decision to SACAT at sacat@sacat.sa.gov.au, or post the decision to SACAT at GPO Box 2361 Adelaide SA 5001. Please quote your tracking code or file number when sending any correspondence to SACAT.

Fees:

There is a filing fee applicable for this type of application. Payment can be made on-line by credit card at the conclusion of the on-line form, or by using one of the other options outlined in the payment section of the on-line form.

Click here to see a list of current fees and information about payment methods and fee waiver options. 

Organisations that may be able to assist you:

  • Legal Services Commission - www.lsc.sa.gov.au – The Legal Services Commission offer a free telephone legal advice line and other methods of advice for members of the public.

Relevant legislation:

Industrial Hemp Act 2017