NARCOTIC DRUGS ACT 1967 - SECT 10M Variation of medicinal cannabis licences and medicinal cannabis permits

NARCOTIC DRUGS ACT 1967 - SECT 10M

  (1)   The Secretary may vary a medicinal cannabis licence, or a medicinal cannabis permit that relates to a medicinal cannabis licence, by notice in writing given to the licence holder:

  (a)   at any time, on the Secretary's own initiative; or

  (b)   on application by the licence holder.

Note:   For requirements for a notice of a decision under paragraph   ( 1)(a) to vary a medicinal cannabis licence or medicinal cannabis permit, see section   15F.

  (2)   The Secretary may vary a medicinal cannabis licence or a medicinal cannabis permit if the Secretary considers it appropriate in all the circumstances to do so.

  (3)   Despite subsection   ( 2), the Secretary must not vary a medicinal cannabis licence or a medicinal cannabis permit if:

  (a)   the Secretary is satisfied on reasonable grounds that the variation of the licence or permit would not be consistent with Australia's obligations under the Convention; or

  (b)   the Secretary is satisfied on reasonable grounds that one or more circumstances exist that are prescribed by the regulations as circumstances in which a licence or permit must not be varied; or

  (c)   if an application was made for the variation:

  (i)   the application fee (if any) has not been paid; or

  (ii)   the applicant has not complied with a requirement under subsection   14J(1) (additional information) in relation to the application.

  (4)   Without limiting subsection   ( 1), the Secretary may:

  (a)   vary a medicinal cannabis licence to impose licence conditions or additional licence conditions ; or

  (b)   vary a medicinal cannabis licence to remove or vary licence conditions that were imposed by the Secretary under section   8K or this section ; or

  (c)   vary a medicinal cannabis licence to extend, modify or reduce the activities authorised by the licence or the persons authorised by the licence to engage in activities authorised by the licence.

  (5)   If the Secretary decides to vary a medicinal cannabis licence or a medicinal cannabis permit to which the licence relates, the Secretary must give the licence or permit as varied to the licence holder.

  (6)   A variation of a medicinal cannabis licence or a medicinal cannabis permit takes effect on the day specified in the notice under subsection   ( 1).