CONTROLLED SUBSTANCES ACT 1984 - SECT 30C
CONTROLLED SUBSTANCES ACT 1984 - SECT 30C
30C—Matters to be considered—fit and proper person
(1) For the purpose of
preventing criminal activity in the cultivation of alkaloid poppies and the
processing of poppy straw, the Chief Executive must not issue a licence under
this Part to an applicant unless the Chief Executive is satisfied that—
(a)
neither the applicant nor any associate of the applicant has been found guilty
in respect of a serious offence (whether in or outside South Australia) during
the 10 years preceding the date of making the application under this
Part; and
(b) the
applicant and each associate of the applicant is a suitable person to be
concerned in or associated with the cultivation of alkaloid poppies or the
processing of poppy straw, as the case requires; and
(c) the
applicant's property or premises will be suitable for the cultivation of
alkaloid poppies or the processing of poppy straw, as the case requires, in
relation to location, facilities and proposed security arrangements; and
(d) the
applicant meets the prescribed requirements (if any).
(2) For the purpose of
preventing criminal activity in the cultivation of alkaloid poppies and the
processing of poppy straw, the Chief Executive must not—
(a)
renew a poppy cultivation licence of a licensed grower unless the Chief
Executive is satisfied that—
(i)
neither the licensed grower nor any associate of the
licensed grower has been found guilty in respect of a serious offence (whether
in or outside South Australia) during the 3 years preceding the date of
making the application for renewal under this Part; and
(ii)
the licensed grower and each associate of the licensed
grower is a suitable person to be concerned in or associated with the
cultivation of alkaloid poppies; and
(iii)
the licensed grower's property or premises are suitable
for the cultivation of alkaloid poppies, in relation to location, facilities
and proposed security arrangements; and
(iv)
the licensed grower meets the prescribed requirements (if
any); or
(b)
renew a poppy processing licence of a licensed processor unless the Chief
Executive is satisfied that—
(i)
neither the licensed processor nor any associate of the
licensed processor has been found guilty in respect of a serious offence
(whether in or outside South Australia) during the 12 months preceding
the date of making the application for renewal under this Part; and
(ii)
the licensed processor and each associate of the licensed
processor is a suitable person to be concerned in or associated with the
processing of poppy straw; and
(iii)
the licensed processor's property or premises are
suitable for the processing of poppy straw in relation to location, facilities
and proposed security arrangements; and
(iv)
the licensed processor meets the prescribed requirements
(if any).
(3) Without limiting
subsection (1) or (2), the Chief Executive may consider whether—
(a) the
applicant, the licensed grower or the licensed processor and each associate of
the applicant, the licensed grower or the licensed processor is of good
repute, having regard to character, honesty and integrity; and
(b) the
applicant, the licensed grower or the licensed processor or any associate of
the applicant, the licensed grower or the licensed processor has a history of
non-compliance with the Act; and
(c) in
the case of an application for a licence, the applicant or any associate of
the applicant has within the 10 years preceding the date of making the
application been found guilty by a court (whether in or outside South
Australia) of any offence; and
(d) in
the case of an application for the renewal of a poppy cultivation licence, the
licensed grower or any associate of the licensed grower has within the
3 years preceding the date of making the application for renewal been
found guilty by a court (whether in or outside South Australia) of any
offence; and
(e) in
the case of an application for the renewal of a poppy processing licence, the
licensed processor or any associate of the licensed processor has within the
12 months preceding the date of making the application for renewal been
found guilty by a court (whether in or outside South Australia) of any
offence; and
(f) in
the case of an applicant, a licensed grower or a licensed processor that is
not a natural person, the applicant, the licensed grower or the licensed
processor has a satisfactory ownership, trust or corporate structure; and
(g) the
applicant, the licensed grower or the licensed processor is of sound and
stable financial background; and
(h) the
financial circumstances of the applicant, the licensed grower or the licensed
processor may significantly limit the person's capacity to meet the person's
obligations in conducting activities under the licence in compliance with the
terms and conditions applying to the relevant licence.