Victorian Current Acts Victorian Current Acts(1) The Secretary, by notice in writing to the licensed grower or the licensed processor, may suspend or cancel the relevant licence if—
(a) the licensed grower or the licensed processor requests suspension or cancellation; or
(b) the licensed grower or the licensed processor has not complied with the terms, conditions, limitations or restrictions of the licence; or
(c) the licensed grower or the licensed processor has failed to comply with this Part or the regulations applying under this Part; or
(d) the Secretary is satisfied that the licensed grower or the licensed processor or any associate of the licensed grower or the licensed processor is no longer a fit and proper person to be concerned with or associated with, as the case requires—
(i) the cultivation of alkaloid poppies; or
(ii) the processing of poppy straw; or
(e) the Secretary is satisfied that the specified premises—
(i) of the licensed grower are no longer suitable for the cultivation of alkaloid poppies; or
(ii) of the licensed processor are no longer suitable for the processing of poppy straw; or
(f) the Secretary is satisfied that the licensed grower or the licensed processor obtained the relevant licence by fraud, misrepresentation or concealment of facts; or
(g) the Chief Commissioner of Police requests suspension or cancellation on the basis of protected information concerning the licensed grower or the licensed processor; or
(h) the licensed grower or the licensed processor ceases to carry on the research or commercial activity to which the relevant licence relates.
S. 69QA(1A) inserted by No. 22/2022 s. 79(1).
(1A) For the purposes of subsection (1)(g), the Chief Commissioner of Police may request that the Secretary suspend or cancel a licence on the basis of protected information at any time.
S. 69QA(1B) inserted by No. 22/2022 s. 79(1).
(1B) The Chief Commissioner of Police must—
(a) request the suspension or cancellation of a licence in writing; and
(b) subject to section 69U(1), provide reasons for the request.
S. 69QA(1C) inserted by No. 22/2022 s. 79(1).
(1C) If the Chief Commissioner of Police requests the suspension or cancellation of a licence on the basis of protected information, the Secretary must suspend or cancel the licence (as the case requires).
(2) If a poppy cultivation licence or a poppy processing licence is suspended or cancelled under subsection (1) the Secretary must—
(a) notify the Chief Commissioner of Police regarding the suspension or cancellation; and
(b) in the case of a poppy cultivation licence, notify a licensed processor who has a registered contract with the licensed grower within 7 business days of the suspension or cancellation taking effect; or
S. 69QA(2)(c) amended by No. 22/2022 s. 79(2)(a).
(c) in the case of a poppy processing licence, notify the licensed grower who has a contract registered in the alkaloid poppy register with the licensed processor within 7 business days of the suspension or cancellation taking effect;
S. 69QA(2)(d) inserted by No. 22/2022 s. 79(2)(b).
(d) as soon as practicable—
(i) notify the former licenced grower or former licenced processer in writing that the relevant licence has been suspended or cancelled (as the case requires); and
(ii) subject to section 69U(2), provide reasons for the suspension or cancellation; and
(iii) inform the former licenced grower or former licenced processor that they have the right to seek review of the decision to suspend or cancel the licence by VCAT.
(3) A poppy cultivation licence or a poppy processing licence ceases to have effect on the suspension or cancellation of the licence under this section.
Division 5—Inspection and enforcement
S. 69R inserted by No. 13/2014 s. 4.