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DRUGS MISUSE ACT 1986 - SECT 61
Investigation about the suitability of applicant or licensee
61 Investigation about the suitability of applicant or licensee
(1) The chief executive may make investigations about any of the following
persons to help the chief executive decide whether an applicant or licensee is
a fit and proper person to hold a licence— (a) the applicant or licensee;
(b) if the applicant or licensee is a corporation—the corporation’s
executive officers;
(c) a person stated by the applicant or licensee to be a
close associate of the applicant or licensee.
(2) Without limiting subsection
(1) , the chief executive may ask the commissioner of the police service for a
written report about the criminal history of any of the persons.
(3) For
subsection (2) , the chief executive must give the commissioner any
particulars the chief executive advises the commissioner are relevant for each
application for a licence or renewal of a licence.
(4) On receiving
particulars of the application, the commissioner— (a) must make inquiries
about the criminal history of a person mentioned in subsection (1) (a) to (c)
; and
(b) may make any other inquiries about a person mentioned in subsection
(1) (a) to (c) the commissioner considers appropriate.
(5) For subsection (4)
(a) , the applicant or licensee must consent to the person’s fingerprints
being taken by a police officer.
(6) The chief executive must refuse to
consider the applicant’s or licensee’s application if the person refuses
to consent to the person’s fingerprints being taken.
(7) The commissioner
must report to the chief executive after receiving the results of the
inquiries.
(8) The commissioner’s report must include disclosure of
convictions of the person mentioned in the
Criminal Law (Rehabilitation of Offenders) Act 1986 , section 6 .
(9)
Fingerprints taken under this section— (a) may be used only for the purposes
of subsection (4) (a) ; and
(b) must be destroyed as soon as practicable
after the commissioner reports to the chief executive under subsection (7) .
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