Producing tobacco plants, tobacco leaves and tobacco seeds is indeed forbidden under Australian law. The Act which forbad these things is date 1901. Can I say that again? 1901!!!
SECTION 28 ONLY LICENSED PRODUCERS TO PRODUCE TOBACCO LEAF ETC.
28 (1)
A person who does not hold a producer licence must not intentionally produce material that is tobacco seed, tobacco plant or tobacco leaf knowing, or being reckless as to whether, the material is tobacco seed, tobacco plant or tobacco leaf.
Penalty:
(a) for tobacco seed or tobacco plant-2 years imprisonment or 500 penalty units; and
(b) for tobacco leaf-2 years imprisonment or the greater of:
(i) 500 penalty units; and
(ii) 5 times the amount of duty, worked out under the regulations, being the duty that would be payable if the tobacco leaf had been manufactured into excisable goods and entered for home consumption on the penalty day.
Note: See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.
28 (2)
A person who does not hold a producer licence must not produce tobacco seed, tobacco plant or tobacco leaf.
Penalty: 100 penalty units.
28 (3)
Strict liability applies to subsection (2).
NB. I think that the phrase ‘home consumption’ means ‘in Australia’ and not ‘in the home’.
But it gets worse. Notice the ‘penalty units’ provisions:
“(a) for tobacco seed or tobacco plant-2 years imprisonment or 500 penalty units; and (b) for tobacco leaf-2 years imprisonment or the greater of:”
But note the statement:
“Note: See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.”
So I checked section 4AA and found this:
penalty unit means $170.
$170!!!
So a ‘fine’ of 500 penalty units equals 500 x $170! Equals $85,000!!!! Thus, if you grow one tobacco plant (without a licence), you are possibly liable for a fine of $85,000!!!
UPDATE 8th April.2014
Perhaps I should also mention that it seems that tobacco companies no longer grow plants in Australia – all their leaf is imported.