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tobacco seeds

lorrett

Bluelighter
Joined
Dec 12, 2001
Messages
114
Those evil little white ciggies are costing me a packet so i've decided to grow my own tobacco crop for personal use, if I can. So in Sydney, NSW;
1. is it legal to grow tobacco in your own yard?
2. *
3. any growing reports/tips.
thanks again in advance
[Edit: Content in violation of Bluelight Policy has been deleted. BigTrancer]
[ 14 November 2002: Message edited by: BigTrancer ]
 
You could just try and quit
Prolly cost less :D
Good luck though with your plant :)
 
Growing your own tobacco is certainly not legal!
In fact, you can be jailed and/or fined for growing your own tobacco. Illegal tobacco is sometimes called "chop chop" and I think the main reason that it's illegal is that it evades... tax!
From British-American Tobacco Australia (BATA):
http://www.bata.com.au/illegaltobacco/default.htm
What is "Illegal Tobacco"?
Illegal Tobacco (also known as Chop-Chop or loose tobacco) is essentially processed leaf sold illegally on the Australian market. The product consists mainly of Australian grown leaf sourced from domestic growers on the eastern seaboard of Australia. This leaf is finely cut, processed by illegal manufacturers and then sold through black market channels - usually in plain plastic bags varying from 100 grams to 1 kilogram in quantity.
Illegal tobacco is usually sold at tobacconists, milk bars, grocers and weekend markets for between $65 and $80 a Kilogram¹.
Footnote:
1. Based on market survey of retailers in metropolitan Sydney area.
Why is it illegal?
The Australian Government levies an excise tax on all legally manufactured or imported tobacco products sold in Australia At the rate of $202.60 per 1000 cigarettes and $253.25 per Kilogram of tobacco (rates current as at February 2001).
Illegal Tobacco is manufactured by unlicensed manufacturers and sold through black market operators, therefore avoiding the payment of this sizeable tax. In addition, due to the cash nature of their business, black market operators also avoid paying the GST and personal income tax on their profits from this activity.
Illegal Tobacco manufacture operates outside the law in that it does not conform to Australian regulations imposed on all legally manufactured tobacco products. These include health warnings, tar and nicotine labelling and restrictions on sales to minors and point of sale.
As a black marketeer
Whilst this group has enjoyed a profitable period from illegal trade, the time has now come to stop selling this product. The Excise Act has now been amended to include penalties of up to 2 years imprisonment or financial penalties of up to $55,000 for some offences, or a penalty equivalent to 5 times the excise value of the ceased (sic) product. In addition, the Australian Taxation Office has dramatically increased the number of inspectors, so it is only a matter of time before dishonest operators are caught.
When caught, dishonest operators will undoubtedly be investigated and may face additional penalties for possible offences against the Goods and Services Tax Act and the Income Tax Act.
So that should be enough to convince you. But wait, there's more!
Man jailed for illegal tobacco
Nov 10, 2002
A QUEENSLAND man has been sentenced to 15 months' jail after being found guilty of unlawfully possessing almost three tonnes of illegal tobacco, or "chop chop".
Robert Krause, 45, of Hattonvale, near Toowoomba, was charged in Townsville District Court with one count of unlawfully possessing tobacco seed, plant or leaf.
Charged under the Excise Act after Australian Federal Police discovered the tobacco in March last year, Krause will serve a minimum of six months.
Tax Commissioner Michael Carmody said Krause was driving a prime mover and towing a refrigerated trailer filled with 2.9 tonnes of tobacco leaf which, if manufactured and sold to customers, would have evaded $740,000 in excise.
He said the sentencing yesterday reflected the serious nature of the crime.
"This sends a strong message to those involved in the illegal tobacco trade," Mr Carmody said in a statement.
"Over the past two years, the Tax Office has seized more than 160 tonnes of cut tobacco and tobacco leaf with an excise value of more than $40 million."
Mr Carmody said the Tax Office began a compliance strategy earlier this year in Australia's two main tobacco growing areas of Mareeba in Queensland and Myrtleford in north-eastern Victoria.
It involves a range of compliance activities, including education and liaison with tobacco growers and their cooperatives.
AAP
From: http://www.news.com.au/common/story_page/0,4057,5408838%255E1702,00.html
BigTrancer :)
 
Crikey......i think it will be probably safer and easier to grow dope. Seriously, i think the tobacco companies have eliminated any opposition to their trade inconjunction with the ATO.
The contradiction here, that I can see, is that you can legally brew your own beer at home for personal use. Remember, draught/packaged beer purchased in shops, attracts excise too.
Go figure!
[ 15 November 2002: Message edited by: lorrett ]
[ 15 November 2002: Message edited by: lorrett ]
 
That's exactly right!>....
Grow dope, lesser penalties....
Then you can afford even the most expensive of ciggarettes. But why smoke ciggies when you can smoke weed?
 
that's tru. if you are caught in queensland with a quantity of illegal "chop chop", you will get the same penalty if not worse, than if you were caught with weed. it's rediculous.
 
Also, having seen tobacco leaves grown and harvested, I have learned that they are difficult to preseve and dry. As far as I know, the leaves must be dried slowly to preserve potency, yet the leaves tend to decay if dried too slowly.
I may not be accurate on this, but just keep in mind these problems. I'm sure you could find preservation tricks on the net.
:)
[ 17 November 2002: Message edited by: westilina ]
 
I must agree with lorrett on this one... I searched the ATO website for ages trying to find some information on the personal growth of tobacco at home for personal use, and found absolutely nothing...
Can anyone fill us in at all, or should I contact the ATO? I'm curious... :)
 
http://law.ato.gov.au/atolaw/view.htm?basic=+tobacco&&docid=PAC/19010009/117C
and
http://law.ato.gov.au/atolaw/view.htm?basic=+tobacco%20+chop&&docid=AID/AID2002637/00001
ATO ID 2002/637
--------------------------------------------------------------------------------
FOI status: may be released
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Status of this decision: Decision Current
--------------------------------------------------------------------------------
ATO Interpretative Decision
CAUTION: This record of an ATO decision is provided for information only and is merely an indication of how the Commissioner applies the law in such circumstances. It may not include a complete statement of all facts in summarising the application of the relevant provision of the law to complex circumstances. If you rely on this decision, and the decision is subsequently found to be incorrect, you are not protected from any penalty. If the relevant provisions, being those in force at the date of decision, have been amended or rewritten, it will be necessary to have regard to the amended or rewritten law. You may wish to obtain further advice from the ATO or from a professional adviser.
Excise
Excise - Collections - Tobacco» - Home growing of «tobacco»
--------------------------------------------------------------------------------
Issue
Will the Australian Taxation Office (ATO) issue excise licences under section 39A of the Excise Act 1901 (EA) to persons who grow «tobacco» and process «tobacco» for smoking where the «tobacco» is to be grown and processed for the person's own personal use?
Decision
While applications for excise licences issued under section 39A of the EA are always considered on their merits, it is unlikely that the ATO would issue such licences in circumstances where the applicant proposes to grow «tobacco» at a domestic residence for personal consumption.
Facts
Advice was sought from the ATO as to whether it would issue excise licences to a person who wishes to grow «tobacco» in the garden of his personal residence for personal consumption.
The applicant proposed to grow, cure and «chop» the «tobacco» at his residence for his own consumption. In order to do this without breaching the EA the person would require a producer licence and a manufacturer licence.
The applicant indicated that he expected that he would not be required to pay excise duty in circumstances where he grew, processed and smoked the «tobacco» himself.
Reasons for Decision
Duty is imposed on leaf «tobacco» at the rate set out in the Schedule to the Excise Tariff Act 1921 . The ATO has no power to grant an exemption from the statutory liability of entities to pay excise duty on excisable «tobacco».
In the event that a person who grows «tobacco» for private use is willing to pay the duty on the «tobacco» he or she produces domestically, he or she may apply under section 39 of the EA for:
(a)
a producer licence to grow the «tobacco»; and
(b)
a manufacturer licence to cut the cured «tobacco» and prepare it for smoking.
The Collector may, under section 39A of the Excise Act, refuse to issue the relevant licences if, for example:
·
the applicant is not a 'fit and proper person';
·
the physical security of the premises is not adequate;
·
the applicant would not be able to keep proper books of account to enable the ATO to adequately audit the books and records;
·
refusal is necessary to protect the revenue.
The following considerations would arise in determining whether to grant excise licences in these circumstances:
·
The security of arrangements at domestic premises are not usually of an adequate standard to protect against theft or accidental loss of the «tobacco», and the cost of arranging security to the necessary standard is not justified where it is proposed to grow a very small amount of «tobacco» for personal use.
·
The EA provides a right of access to ATO offices 'at all times' to check the stock of «tobacco» leaf of a producer or dealer, to examine and take account of the goods and crops, and to take samples of material and partly manufactured excisable goods. For this reason licences are usually issued in respect of premises which are not used as a domestic residence.
·
The comprehensive regulatory scheme contained in the EA is designed to prevent erosion of the excise revenue. The licensing of individual domestic residences for «tobacco» production is contrary to the scheme of the EA as supervising «tobacco» production in a large number of small sites is not viable with regard to the monitoring and auditing functions which are necessary for the protection of the excise revenue.
While each application for an excise licence is determined on its merits it is likely that, having regard to section 39A of the EA and the intention of the legislation, the Collector would refuse to issue excise licences to an applicant who proposes to grow «tobacco» at a domestic residence for personal consumption.
Date of decision: 7 May 2002
Looks like it's possible in some cases to apply for a license to produce your own in special circumstances, but you have to pay duty on what you produce anyway.
BigTrancer :)
 
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