Australian Capital Territory Consolidated Acts

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DRUGS OF DEPENDENCE ACT 1989 - SECT 150

Approval—grant

    (1)     If, on an application in accordance with section 149, the Minister is satisfied that—

        (a)     the applicant and, if the applicant is—

              (i)     a company—each director, and the secretary of the company; or

              (ii)     an incorporated association—the public officer of the association; or

              (iii)     a body established under an ordinance or Act—any person with overall responsibility for the conduct of that body;

is a fit and proper person to conduct a treatment centre of the type, and at the premises, specified in the application; and

        (b)     any person who is to supervise the treatment to be conducted at the proposed treatment centre—

              (i)     has training or experience appropriate to the supervision of; and

              (ii)     is a fit and proper person to supervise;

treatment of the type specified in the application; and

        (c)     the treatment to be conducted at the proposed treatment centre is suitable for persons such as those likely to be referred to the centre under this Act, or those likely to be voluntary participants in that treatment; and

        (d)     the premises specified in the application are fit and proper premises for the conduct of a treatment centre of the type specified in the application;

the Minister shall grant an approval to the applicant to conduct a treatment centre of the type specified in the application at the premises specified in the application.

    (2)     An approval shall specify—

        (a)     the full name and address—

              (i)     of the approval holder; and

              (ii)     if the approval holder is a company—of each director, and of the secretary, of the company; and

              (iii)     if the approval holder is an incorporated association—of the public officer of the association; and

              (iv)     if the approval holder is a body established under an ordinance or Act—the full name and address of any person with overall responsibility for the conduct of that body; and

        (b)     the name of any person who is to supervise the treatment to be conducted at the treatment centre; and

        (c)     the name and address of the approved treatment centre; and

        (d)     the conditions (if any) to which the approval is subject; and

        (e)     whether, and in what circumstances, the administration or supply of methadone to persons attending the centre for treatment is permitted; and

        (f)     the period for which the approval is granted; and

        (g)     the other particulars (if any) prescribed under the regulations.

    (3)     The Minister shall, within 28 days after receiving an application in accordance with section 149, make a decision under subsection (1) granting or refusing to grant an approval to the applicant to conduct a treatment centre of the type, and at the premises, specified in the application.



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