DRUGS, POISONS AND CONTROLLED SUBSTANCES ACT 1981 - SECT 67 Renewal of authorities

DRUGS, POISONS AND CONTROLLED SUBSTANCES ACT 1981 - SECT 67

    (1)     An application for renewal of an authority—

S. 67(1)(a) amended by No. 22/2022 s. 63(1).

        (a)     must be made at least 60 days before the expiry of the current authority; and

        (b)     must be in writing and accompanied by the prescribed fee.

S. 67(2) substituted by No. 22/2022 s. 63(2).

    (2)     On receipt of an application for renewal under subsection (1), the Secretary—

        (a)     must cause to be carried out all investigations and inquiries that the Secretary considers necessary to properly determine the application; and

        (b)     may conduct an inspection of the premises or site to which the authority relates; and

        (c)     must refer a copy of the application and any supporting documentation to the Chief Commissioner of Police within 7 days of receiving the application and any supporting documentation.

S. 67(2A) inserted by No. 22/2022 s. 63(2).

    (2A)     The Chief Commissioner of Police must—

        (a)     inquire into and report to the Secretary on any matters concerning the application that the Chief Commissioner of Police believes are appropriate or reasonably necessary; and

        (b)     inquire into and report to the Secretary on any matters concerning the application that the Secretary requests; and

        (c)     within 28 days of receiving the application from the Secretary—

              (i)     notify the Secretary in writing of the Chief Commissioner of Police's decision to oppose or not oppose the renewal of the authority; and

              (ii)     subject to section 69AC(1), provide the reasons for the decision to oppose or not oppose the renewal of the authority.

S. 67(2B) inserted by No. 22/2022 s. 63(2).

    (2B)     If the Secretary is notified under subsection (2A)(c) that the Chief Commissioner of Police opposes the renewal of the authority, the Secretary must not renew the authority.

S. 67(2C) inserted by No. 22/2022 s. 63(2).

    (2C)     Subject to subsection (2B), after considering a renewal application and any investigations under this section, the Secretary may—

        (a)     renew the authority; or

        (b)     refuse to renew the authority.

    (3)     A renewed authority lasts for the same period as the previous authority.

S. 67(4) inserted by No. 22/2022 s. 63(3).

    (4)     The Secretary must—

        (a)     notify the applicant in writing of the decision under subsection (2C) within 21 days of making the decision; and

        (b)     if the Secretary refuses to renew the authority—

              (i)     notify the Chief Commissioner of Police that the Secretary has refused to renew the authority; and

              (ii)     subject to section 69AC(2), provide reasons for that decision to the applicant; and

              (iii)     inform the applicant that they have the right to seek review of the Secretary's decision by VCAT.

New  s. 68 inserted by No. 54/1997 s. 5.