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NARCOTIC DRUGS ACT 1967 - SECT 8G General circumstances in which Secretary must refuse to grant a medicinal cannabis licence

NARCOTIC DRUGS ACT 1967 - SECT 8G

General circumstances in which Secretary must refuse to grant a medicinal cannabis licence

  (1)   The Secretary must refuse to grant a medicinal cannabis licence if:

  (a)   the Secretary is not satisfied on reasonable grounds that:

  (i)   the applicant is a fit and proper person to hold the licence; and

  (ii)   each of the applicant's relevant business associates for the application (see subsection   ( 2)), whether in relation to a business relating to the medicinal cannabis licence, or in relation to any other business, is a fit and proper person to be associated with the holder of a medicinal cannabis licence; or

  (b)   subject to section   8H--the Secretary is satisfied on reasonable grounds that:

  (i)   the applicant; or

  (ii)   if the applicant is a body corporate, any of the directors of the body corporate;

    has engaged in conduct that constitutes a serious offence during the 10 years immediately before the date of the application; or

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

  (d)   the Secretary is not satisfied on reasonable grounds that the applicant will take all reasonable measures to ensure the physical security of cannabis plants or cannabis drugs that:

  (i)   are in the applicant's possession or control; and

  (ii)   are obtained, cultivated, produced or manufactured under, or purportedly under, the licence; or

  (e)   the Secretary is not satisfied on reasonable grounds of the suitability of the location, facilities or proposed security arrangements at the premises where activities authorised by the licence will take place; or

  (ea)   the Secretary is not satisfied on reasonable grounds that applicable standards have been or will be met, as the case requires; or

  (f)   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 must not be granted; or

  (g)   the application fee (if any) , or any other fee that has become payable, has not been paid; or

  (ga)   the Secretary is satisfied on reasonable grounds that the application for the licence contains information, or information has been given by the applicant in relation to the application, that:

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

  (ii)   omits any matter or thing without which the application is misleading in a material respect; or

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

Relevant business associate

  (2)   A business associate of an applicant is a relevant business associate for the application if the Secretary considers it is reasonable, in the circumstances of the application, to take that business associate into account.