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The Corroboree
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Salviador

Tobacco growing

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oops i didnt realise the tobacco topic was so recent when i did a search :P please delete with a vengeance

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yes, but they will not give licenses to individuals for personal cultivation.

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The law states 'possession' and 'cultivation'. Hence wild tobacco might be quite legal to have on the property as long as neither possession nor cultivation can be proved (kinda like shrooms growing in your paddock).

Certainly a plant grown for ornamental purposes does not fit this exclusion.

Hopefully we will know more soon. A ruling has been made on this issue, but trying to get the info from the ATO is like getting "sorry" from John Howard. My contact at the ATO has moved on, so I am now stuck with the usual clerkiness.

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It might be easier to go for that 'sorry' ;) I guess little johnny is a lawyer after all...

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The ATO is one big beauracratic beast, but I always had the (perhaps naive?) impression that they were at least efficient in what they did.

Perhaps you need to take a novel approach to the issue? Call up, say you want to know how much tax you have to pay on your tobacco farm or something, and while the guy is checking offhandedly ask "oh by the way, I believe on the edges of our property there are some native tobacco growing. Do these count?" or something.

I dunno.

I think I may just be delerious from sleep deprivation :blink:

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It's a bit more complex than that Apo. I actually pointed out a discrepancy in the law that makes most nuseries, city councils, botanic gardens etc etc criminals. The Tobacco & Excise department could not clarify this, so it was passed to the ATO legal branch in Albury where it took 14 months to get a reply. This reply then went back to T&E and from there to customs and then back to T&E. A final check of possible new discrepancies in the ruling was done and then it was passed onto a working group that formulates the ruling for public consumption. We've been in that last process for about 3 or 4 months now and an answer is certainly very close.

Total time over 3 years. Apparently that is fast for such a complex matter.

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