Australian Capital Territory Consolidated Acts

DANGEROUS SUBSTANCES ACT 2004 - SECT 51

    (1)     In this section:

"designated matter" means—

        (a)     an application for a licence; or

        (b)     an application by a licensee to amend the licence; or

        (c)     a change of the kind to which section 57 (2) (Licensee to keep chief executive informed) applies; or

        (d)     anything else prescribed by regulation.

"third party", for an applicant for a licence or a licensee—a person is a "third party" if the chief executive believes on reasonable grounds that the person has an association or connection with the applicant or licensee that is relevant to the consideration of a designated matter.

    (2)     The chief executive may, by written notice given to an applicant for a licence or a licensee, ask the person to do 1 or more of the following:

        (a)     give, in accordance with any directions in the notice, stated information (including information in the possession of or under the control of a third party), verified as stated in the notice, that is relevant to the consideration of the designated matter in relation to the person;

        (b)     produce, in accordance with any directions in the notice, stated documents (including documents in the possession of or under the control of a third party) relevant to the consideration of the designated matter in relation to the person and allow examination of the documents, the taking of extracts from them and the making of copies of them;

        (c)     authorise a third party stated in the notice to comply with a stated request of a kind mentioned in paragraph (a) or (b);

        (d)     give the chief executive the authorities and consents that the chief executive asks for to allow the chief executive to obtain from other people information (including financial and other confidential information) that is—

              (i)     about the person or a close associate of the person; and

              (ii)     relevant to the consideration of the designated matter in relation to the person.

Examples for par (a)

1     the notice may ask the person to give information by preparing a document in a stated way or by completing a document provided by the chief executive

2     the notice may ask the person to give the chief executive information about a close associate and that the information be verified by a statutory declaration

Example for par (b)

a statement supplied by a police officer about the applicant's criminal history (if any)

Example for par (c)

The notice may ask the applicant to authorise the applicant's accountant, or a former close associate, to give the chief executive stated information or documents about the applicant.

Note 1     The Statutory Declarations Act 1959 (Cwlth) applies to the making of statutory declarations under ACT laws.

Note 2     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (3)     If the chief executive asks for something under this section in relation to an application, the chief executive need not decide the application until the request is complied with.