• Specific Year
    Any

DRUGS, POISONS AND CONTROLLED SUBSTANCES ACT 1981 - SECT 19 Issue of licences, permits and warrants

DRUGS, POISONS AND CONTROLLED SUBSTANCES ACT 1981 - SECT 19

Issue of licences, permits and warrants

S. 19(1) amended by No. 46/1998 s. 7(Sch. 1).

    (1)     A person may apply in writing to the Secretary for the issue of a licence, permit or warrant.

    (2)     An application for a licence, permit or warrant must be accompanied by the appropriate prescribed fee.

S. 19(3) amended by No. 46/1998 s. 7(Sch. 1).

    (3)     Subject to this Act and the regulations, the Secretary may, in his or her discretion—

        (a)     refuse to issue a licence, permit or warrant; or

S. 19(3)(b) amended by No. 46/1998 s. 7(Sch.).

        (b)     issue to a fit and proper person a licence, permit or warrant subject to such terms, conditions, limitations and restrictions as the Secretary may determine.

S. 19(3A) inserted by No. 75/2014 s. 5(1).

    (3A)     Without limiting subsection (3), a licence, permit or warrant may be subject to a condition requiring the holder to—

        (a)     comply with any document, code, standard, guideline, rule, method or specification formulated, issued, prepared, prescribed or published by any person or body; or

        (b)     hold any other licence, permit or warrant issued under any law of Victoria or under any law of the Commonwealth.

S. 19(4) amended by Nos 74/2004 s. 12, 75/2014 s. 5(2).

    (4)     Unless a licence is a mobile facility licence, a licence, permit or warrant under this Division relates only to the premises described in it, and no licence, permit or warrant relating to premises in more than one locality can be issued.

S. 19(5) amended by Nos 46/1998 s. 7(Sch. 1), 75/2014 s. 5(3).

    (5)     A licence, permit or warrant cannot be issued unless the Secretary is satisfied that the applicant's premises or mobile facility (as the case requires) are suitable, sanitary and adequately equipped for the manufacture, sale, supply or use of the poisons or controlled substances to which the licence, permit or warrant relates.

S. 19(6) inserted by No. 75/2014 s. 5(4).

    (6)     The Secretary may issue a licence to a person in respect of a mobile facility.

S. 19(7) inserted by No. 75/2014 s. 5(4).

    (7)     A mobile facility licence

        (a)     relates to the mobile facility during the period the mobile facility is located at a mobile facility location; and

        (b)     is personal to the licence holder and is not transferable to another person; and

        (c)     in addition to any conditions imposed under subsection (3) or (3A), is subject to the following conditions—

              (i)     that the licence holder ensures each mobile facility is parked at a permanent fixed address specified in the licence during any period that the mobile facility is not travelling to or from, or located at, a mobile facility location; and

              (ii)     that the mobile facility is registered under the Road Safety Act 1986 and identified by a number plate bearing a registration number; and

        (d)     may be issued in respect of one or more mobile facilities if those mobile facilities are usually parked at the permanent fixed address specified in the licence.

New s. 20 inserted by No. 12/1994 s. 9.