NARCOTIC DRUGS ACT 1967 - SECT 13B Revocation of manufacture licence and manufacture permit

NARCOTIC DRUGS ACT 1967 - SECT 13B

  (1)   The Secretary must, by notice in writing given to the holder of a manufacture licence, revoke the licence if the Secretary is satisfied on reasonable grounds:

  (a)   that the licence holder, or if the licence holder is a body corporate, any of the directors of the body corporate, has engaged in conduct that constitutes a serious offence since the licence was granted; or

  (b)   that the licence holder is no longer a fit and proper person to hold the licence; or

  (c)   that a relevant business associate of the licence holder is not a fit and proper person (whether in relation to a business relating to the licence or in relation to any other business) to be associated with the holder of a manufacture licence.

  (1A)   A business associate of a licence holder is a relevant business associate if the Secretary considers it is reasonable, in considering the revocation of the licence, to take that business associate into account.

  (2)   The Secretary may, by notice in writing given to the holder of a manufacture licence, revoke the licence or a manufacture permit that relates to the licence if the Secretary is satisfied on reasonable grounds:

  (a)   that a condition of the licence has been breached; or

  (b)   that the licence holder has engaged in conduct that constitutes an offence against this Act; or

  (c)   that the licence or permit, as the case requires, was obtained or varied on the basis of information that:

  (i)   was false or misleading in a material particular; or

  (ii)   omitted a matter or thing without which the information was misleading in a material particular; or

  (ca)   that any charge payable in respect of the licence is not paid within 28 days after the due date; or

  (d)   that the continuation in force of the licence or permit, as the case requires, would not be consistent with Australia's obligations under the Convention; or

  (e)   that the location, facilities or security arrangements at the premises at which activities authorised by the licence take place are not suitable for those activities; or

  (f)   the licence holder has ceased to carry on all activities authorised by the licence; or

  (g)   that activities authorised by the licence to be undertaken at specified premises by the licence holder or another person have been undertaken by the licence holder or the other person, as the case requires, other than at those premises; or

  (ga)   that applicable standards have not been met; or

  (h)   that the licence holder is not taking all reasonable measures to ensure the physical security of a narcotic drug, or a narcotic preparation that contains such a drug, in the holder's possession or control; or

  (i)   that the licence holder has not provided information required by a notice given under subsection   14J(2) within the time specified in the notice; or

  (j)   that circumstances prescribed by the regulations exist.

Note:   The Secretary must have regard to any applicable guidelines (see subsection   26C(2)).

  (3)   The revocation of a manufacture licence or a manufacture permit takes effect on the day specified in the notice under subsection   ( 1) or (2).

  (4)   If a manufacture licence is revoked, any manufacture permit that relates to the licence is taken to be revoked at the time of the revocation of the licence.

Note:   For requirements for a notice of a decision to revoke a manufacture licence or a manufacture permit, see section   15F.