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PUBLIC HEALTH ACT 1997 - SECT 74C Grant or refusal of licence

PUBLIC HEALTH ACT 1997 - SECT 74C

Grant or refusal of licence

(1)  The Director may –
(a) grant an application for a smoking product licence, subject to any conditions; or
(b) refuse to grant the application.
(2)  In determining the application, the Director –
(a) is to –
(i) consider whether the applicant is likely to comply with the Act; and
(ii) be satisfied that the applicant is 18 or more years of age; and
(iii) consider whether the applicant is a fit and proper person to hold a smoking product licence; and
(iv) have regard to any relevant guidelines; and
(b) may take into account any convictions and proceedings taken against the applicant in the Commonwealth, this State or another State or a Territory; and
(c) may take into account the results of any enquiries made in accordance with subsection (5) ; and
(d) may take into account any other matter the Director considers relevant.
(2A)  The Director must not grant an application for a smoking product licence if the licence is to be used primarily for the purpose of supplying smoking product to persons attending a public event.
(2AB)  The Director must not grant an application for a smoking product licence if the licence is for the purpose of selling personal vaporiser products in specialist tobacconist premises.
(3)  The Director, by notice in writing served on the applicant, is to notify –
(a) the granting of the application; or
(b) the refusal to grant the application.
(4)  Without limiting the generality of subsection (1)(a) , a smoking product licence may be granted subject to conditions relating to –
(a) the provision of information or returns by the licensee; and
(b) the display of the licence.
(5)  For the purposes of making a determination under subsection (2) , the Director may make any enquiries he or she thinks fit from an agency of the State, the Commonwealth or another State or a Territory that performs functions under an enactment in respect of the regulation of poisons, a smoking product, non-tobacco cigarette, smoke or other smoking-related matter.
(6)  For the purposes of subsection (2)(b) , the Director may require an applicant for a smoking product licence to authorise the Director to obtain reports from –
(a) the Commissioner of Police, in respect of convictions of, and proceedings taken against, the applicant in this State; and
(b) a person holding office in another State or a Territory that corresponds to the office of the Commissioner of Police in this State in respect of convictions of, and proceedings taken against, the applicant in that other State or that Territory; and
(c) a person or authority responsible for the investigation or prosecution of offences against a law of the Commonwealth.
(7)  Subject to subsection (8) , the Director may request the Commissioner of Police, a person referred to in subsection (6)(b) or a person or authority referred to in subsection (6)(c) to provide the Director with a report containing any convictions of, and proceedings taken against, an applicant for a smoking product licence in this State, the Commonwealth or that other State or that Territory.
(8)  If the Director makes a request for a report under subsection (7) , the Director is to provide the Commissioner of Police, a person referred to in subsection (6)(b) or a person or authority referred to in subsection (6)(c) with –
(a) the name of the applicant for the smoking product licence and a copy of the authorisation provided to the Director by the applicant under subsection (6) ; and
(b) any information and documentation that the Director considers relevant to the request.
(9)  Upon receipt of a request for a report under subsection (7) , the Commissioner of Police must inquire into, and report to the Director on, any convictions of, and proceedings taken against, the applicant for the smoking product licence in this State.
(10)  If a requirement made under subsection (6) is not complied with, the Director may refuse to determine the application for a smoking product licence.