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DRUGS, POISONS AND CONTROLLED SUBSTANCES ACT 1981 - SECT 69NB

Matters to be considered in determining a 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 Secretary must not issue a licence under this Part to an applicant unless the Secretary is satisfied that—

        (a)     the applicant or any associate of the applicant has not been found guilty in respect of a serious offence (whether in or outside Victoria) 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 Secretary must not—

        (a)     renew a poppy cultivation licence of a licensed grower unless the Secretary is satisfied that—

              (i)     the licensed grower or any associate of the licensed grower has not been found guilty in respect of a serious offence (whether in or outside Victoria) 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 Secretary is satisfied that—

              (i)     the licensed processor or any associate of the licensed processor has not been found guilty in respect of a serious offence (whether in or outside Victoria) 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 Secretary 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 Victoria) 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 Victoria) 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 Victoria) 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.

Division 2—Poppy cultivation licence

S. 69O inserted by No. 13/2014 s. 4.



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