Part 4ALicences to cultivate alkaloid poppies and process poppy straw

Part 4A—Licences to cultivate alkaloid poppies and process poppy straw Division 1—Preliminary 30A—Interpretation In this Part— alkaloid poppy means a plant or any part of a plant whether fresh or dried of— (a) Papaver bracteatum Lindley; or (b) Papaver somniferum L.; alkaloid poppy register means the register established under section 30ZZG; associate has the same meaning given in section 30B; Chief Executive means the Chief Executive of the Department that is, under the Minister, responsible for the administration of the Agricultural and Veterinary Chemicals (South Australia) Act 1994; Commonwealth licence to export means a licence to export narcotic substances which relates to the export of poppy straw under the Customs Act 1901 of the Commonwealth; Commonwealth licence to manufacture means a licence to manufacture narcotic drugs which relates to the manufacturing of opiates from alkaloid poppies under the Narcotic Drugs Act 1967 of the Commonwealth; criminal intelligence means information relating to actual or suspected criminal activity (whether in this State or elsewhere) the disclosure of which could reasonably be expected to prejudice criminal investigations, to enable the discovery of the existence or identity of a confidential source of information relevant to law enforcement or to endanger a person's life or physical safety; detention or seizure receipt means a receipt given in accordance with section 30ZC or section 30ZI; disqualified person means— (a) a person who is under the age of 17 years unless the person is an apprentice or trainee within the meaning of the South Australian Skills Act 2008; or (b) a person against whom a finding of guilt in respect of a serious offence was made by a court (whether in or outside South Australia) in the 10 years preceding the date an application is made under this Part; or (c) a person against whom a finding of guilt for an offence under this Act or an offence under a corresponding law of another jurisdiction was made by a court (whether in or outside South Australia) in the 5 years preceding the date an application is made under this Part; or (d) a person who belongs to a prescribed class of persons; employee, in relation to a licensed grower or a licensed processor, includes a person who is— (a) employed under a contract of employment; or (b) employed under a training contract; or (c) engaged under any other contract to perform a specified task authorised under a poppy cultivation licence or a poppy processing licence; employee identification certificate means a certificate issued to an employee by a licensed grower under section 30J or by a licensed processor under section 30T; harvest and destruction order means an order made under section 30ZM(3); inspector means— (a) a person authorised under section 30Z; and (b) an inspector under Part IVB of the Drugs, Poisons and Controlled Substances Act 1981 of Victoria; and (c) a police officer; inspector identification certificate means a certificate issued to an inspector under section 30ZA; licence holder means— (a) a licensed grower; or (b) a licensed processor; licensed grower means the holder of a poppy cultivation licence; licensed processor means the holder of a poppy processing licence; poppy cultivation licence means a licence issued under section 30F(2); poppy processing licence means a licence issued under section 30P(2); poppy straw means the upper parts of an alkaloid poppy, including the stem and capsule, harvested after mowing; process, in relation to poppy straw, means— (a) to prepare or treat poppy straw in any manner other than refinement, concentration, extraction or reaction unless the refinement, concentration, extraction or reaction is for chemical analysis for non‑therapeutic use; or (b) to store poppy straw; risk management plan means a plan that forms part of a poppy cultivation licence or a poppy processing licence; seized material means any alkaloid poppies, poppy straw or material derived from alkaloid poppies or poppy straw seized by an inspector under section 30ZH; serious offence means— (a) an indictable offence involving dishonesty, fraud or assault; or (b) an indictable offence involving possession, or cultivation of, or trafficking in, a drug of dependence; or (c) any other indictable offence under this Act; or (d) an indictable offence under the law of another jurisdiction involving— (i) dishonesty, fraud or assault; or (ii) possession, or cultivation of, or trafficking in, a drug of dependence; specified premises means premises to which a licence under this Part applies; Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013. 30B—Meaning of associate (1) For the purposes of this Part, a person who is of or above the age of 18 years is an associate of an applicant for a poppy cultivation licence or a poppy processing licence or a licence holder if the person— (a) holds any relevant financial interest, or is entitled to exercise any relevant power (whether in right of the person or on behalf of any other person) in the business of the applicant or the licence holder (being the business to which the application or licence relates), and by virtue of that interest or power, is able to exercise a significant influence over or with respect to the management or operation of the business; or (b) holds any relevant position (whether in right of the person or on behalf of any other person) in the business of the applicant or the licence holder (being the business to which the application or licence relates); or (c) is a relative of the applicant or the licence holder; or (d) is in a position to exercise control or significant influence over the conduct of the applicant or the licence holder. (2) In subsection (1)— domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not; relative means a person who is— (a) a spouse or domestic partner; or (b) a parent; or (c) a step‑parent; or (d) a sibling or step‑sibling; or (e) a child, step‑child or adopted child; relevant financial interest in relation to a business means— (a) any share in the capital of the business; or (b) any entitlement to receive any income derived from the business; relevant position in relation to the business of an applicant or a licence holder means— (a) the position of director, partner, trustee, manager or other executive position or secretary, however that position is designated; and (b) any other person determined by the Chief Executive to be associated or connected with the ownership, administration or management of the operations or business of the applicant; relevant power means any power, whether exercisable by voting or otherwise and whether exercisable alone or in association with others— (a) to participate in any directorial, managerial or executive decision; or (b) to elect or appoint any person to any relevant position; spouse—a person is the spouse of another if they are legally married. 30C—Matters to be considered—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 Chief Executive must not issue a licence under this Part to an applicant unless the Chief Executive is satisfied that— (a) neither the applicant nor any associate of the applicant has been found guilty in respect of a serious offence (whether in or outside South Australia) 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 Chief Executive must not— (a) renew a poppy cultivation licence of a licensed grower unless the Chief Executive is satisfied that— (i) neither the licensed grower nor any associate of the licensed grower has been found guilty in respect of a serious offence (whether in or outside South Australia) 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 Chief Executive is satisfied that— (i) neither the licensed processor nor any associate of the licensed processor has been found guilty in respect of a serious offence (whether in or outside South Australia) 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 Chief Executive 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 South Australia) 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 South Australia) 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 South Australia) 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 30D—Application for poppy cultivation licence (1) A person may apply for a poppy cultivation licence which authorises a person for commercial purposes relating to therapeutic use— (a) to cultivate or possess alkaloid poppies; and (b) to sell or supply poppy straw to a licensed processor at premises specified in the licence. (2) A person may apply for a poppy cultivation licence for research purposes relating to non‑therapeutic use— (a) to cultivate or possess alkaloid poppies; and (b) to conduct measurements, analyses and extractions, including extraction of alkaloids from alkaloid poppies for chemical analyses at specified premises; and (c) to supply alkaloid poppies or poppy straw to a licensed processor. (3) An application under subsection (1) or (2) must— (b) be accompanied by a copy of the proposed risk management plan; and (c) be accompanied by the relevant prescribed application fee (if any); and (d) be accompanied by any other prescribed particulars. (4) An application under subsection (1) or (2) must contain or be accompanied by evidence to the satisfaction of the Chief Executive that the applicant is a fit and proper person to be given a licence and— (a) in the case of an application under subsection (1), intends to undertake a bona fide commercial activity relating to the therapeutic use of alkaloid poppies under the licence and includes evidence of the commercial activity to be carried out; or (b) in the case of an application under subsection (2), intends to undertake a research activity relating to the non therapeutic use of alkaloid poppies under the licence and includes evidence that the research activity would be conducted by a person with appropriate scientific training using an appropriate methodology. (5) An application under subsection (1) or (2) must contain any other information about the applicant or the application which the Chief Executive reasonably requires to assist in assessing the application. 30E—Chief Executive must investigate application (1) On receiving an application under section 30D the Chief Executive— (a) must carry out all investigations and inquiries that the Chief Executive considers necessary to determine the application; and (b) may conduct an inspection of the premises that are to be specified in the relevant licence; and (c) may require that an applicant or any associate of the applicant submit to the Chief Executive a recent police record check of the applicant or any associate of the applicant. (2) The Chief Executive must provide a copy of an application made under section 30D and any accompanying documents to the Commissioner of Police. (a) inquire into and report to the Chief Executive on any matters concerning the application that he or she believes are appropriate or reasonably necessary; and (b) inquire into and report to the Chief Executive on any matters concerning the application that the Chief Executive requests; and (c) within 28 days of receiving the application from the Chief Executive, notify the Chief Executive in writing of the Commissioner of Police's decision to support or oppose the issuing of a licence and provide the reasons for the decision. (4) If the Chief Executive is notified under subsection (3)(c) that the Commissioner of Police opposes the issuing of a poppy cultivation licence, the Chief Executive must not issue the licence. 30F—Determining an application (1) After considering an application and any investigation under section 30E, the Chief Executive must determine the application within 60 days of receiving the application. (2) The Chief Executive may issue a poppy cultivation licence to an applicant under section 30D(1) or (2). (3) The Chief Executive may refuse to issue a poppy cultivation licence to an applicant under section 30D(1) or (2). (4) The Chief Executive must— (b) if the Chief Executive refuses an application under subsection (3), provide reasons for the decision. 30G—Terms and conditions of a poppy cultivation licence (1) A poppy cultivation licence is issued for the term, not exceeding 3 years, specified in the licence unless it is sooner suspended or cancelled. (2) A poppy cultivation licence relates only to the specified premises described in it. (3) A poppy cultivation licence is subject to the condition that the licensed grower must only employ persons that are suitable to carry out activities under the licence. (4) A poppy cultivation licence is subject to the condition that a licensed grower must comply with the risk management plan under the licence. (5) A poppy cultivation licence is subject to the prescribed terms, conditions, limitations and restrictions (if any). (6) A poppy cultivation licence is subject to the terms, conditions, limitations and restrictions specified in it including, but not limited to, terms, conditions, limitations and restrictions relating to the following: (a) the species, subspecies or varieties of alkaloid poppy to be cultivated; (b) the specified premises at which activities authorised under the licence may be carried out; (c) the implementation and maintenance of satisfactory security and surveillance measures to restrict access of unauthorised persons to crops and harvested material; (d) the keeping of records and other documents; (e) the provision of information, records or other documents to the Chief Executive relating to— (i) the activities carried out under the licence; or (ii) a change in the position of director, manager, secretary or other executive position, however designated, or the structure of the business to which the licence relates; or (iii) any other matter that the Chief Executive reasonably requires in relation to the licence or the licensed activity; (f) the disposal of harvested material and crop residue; (g) the inspection, sampling, supervision and surveillance of seed of alkaloid poppies, alkaloid poppies and poppy straw by an inspector; (h) the destruction of alkaloid poppies, poppy straw and any material derived from alkaloid poppies. (7) A poppy cultivation licence issued under section 30D(1) is subject to the condition that unless otherwise with the approval of the Chief Executive, the licensed grower whilst carrying out an activity under the licence must have a contract with a licensed processor for the processing of alkaloid poppies cultivated under the licence that is registered in the alkaloid poppy register. 30H—Poppy cultivation licence is not transferable A poppy cultivation licence is not transferable to another person. 30I—Employee of licensed grower authorised to undertake activities under licence (1) For the purposes of this Act, an employee of a licensed grower who holds a poppy cultivation licence for commercial purposes relating to therapeutic use, is authorised to carry out any activity under the licence involving the cultivation or possession of alkaloid poppies or the sale or supply of poppy straw to a licensed processor required of the employee in the course of his or her employment. (2) For the purposes of this Act, an employee of a licensed grower who holds a poppy cultivation licence for research purposes relating to non‑therapeutic use, is authorised to carry out any activity under the licence, including the following, that is required of the employee in the course of his or her employment: (a) to cultivate or possess alkaloid poppies; (b) to conduct measurements, analyses and extractions including extraction of alkaloids from alkaloid poppies for chemical analyses at specified premises; (c) to supply alkaloid poppies or poppy straw to a licensed processor. (3) An employee must only undertake an activity authorised under subsection (1) or (2) in relation to his or her employment. 30J—Employee identification certificate issued by licensed grower (1) The licensed grower must issue an employee identification certificate to each employee employed to carry out activities in the business conducted by a licensed grower under a poppy cultivation licence. (2) The employee identification certificate must contain the following information: (a) the employee's name; (b) a clear photograph of the employee; (c) the employee's date of birth; (d) the expiry date of the employee identification certificate; (e) the poppy cultivation licence under which the employee is authorised to carry out activities required of the employee in the course of his or her employment; (f) the prescribed information (if any). 30K—Application for renewal of licence (1) A licensed grower may apply to the Chief Executive for the renewal of a poppy cultivation licence. (2) A renewal application must be made to the Chief Executive at least 2 months before the poppy cultivation licence is due to expire. (3) A renewal application must— (b) be accompanied by any information relevant to whether or not the licensed grower is a fit and proper person; and (c) be accompanied by the current risk management plan under the poppy cultivation licence; and (d) be accompanied by the relevant prescribed renewal fee (if any); and (e) be accompanied by any other information the Chief Executive reasonably requires to assess the application; and (f) contain any prescribed particulars. (4) A poppy cultivation licence may be renewed more than once. 30L—Chief Executive must investigate renewal application (1) On receipt of a renewal application under section 30K the Chief Executive— (a) must carry out any investigation or inquiry necessary to determine the renewal application; and (b) may conduct an inspection of the specified premises of the poppy cultivation licence; and (c) may require that an applicant or any associate of the applicant submit to the Chief Executive a recent police record check of the applicant or any associate of the applicant. (2) The Chief Executive must provide a copy of a renewal application made under section 30K and any accompanying documents to the Commissioner of Police. (a) inquire into and report to the Chief Executive on any matters concerning the application that the Commissioner of Police believes are appropriate or reasonably necessary; and (b) inquire into and report to the Chief Executive on any matters concerning the renewal application that the Chief Executive requests; and (c) within 28 days of receiving the application from the Chief Executive notify the Chief Executive in writing of the Commissioner of Police's decision to support or oppose the renewal of a licence and provide the reasons for the decision. (4) If the Chief Executive is notified under subsection (3)(c) that the Commissioner of Police opposes the renewal of a poppy cultivation licence, the Chief Executive must not renew the relevant licence. 30M—Determining a renewal application (1) After considering a renewal application and any investigation under section 30L, the Chief Executive must determine the renewal application within 60 days of receiving it. (2) The Chief Executive may renew a poppy cultivation licence for a period not exceeding 3 years. (3) The Chief Executive may refuse to renew a poppy cultivation licence of a licensed grower. (4) A renewed poppy cultivation licence expires on the date specified by the Chief Executive, unless the licence is cancelled or suspended prior to the expiry. (5) The Chief Executive must— (b) if the Chief Executive refuses to renew the poppy cultivation licence under subsection (3), provide reasons for the decision. Division 3—Poppy processing licence 30N—Application for poppy processing licence (1) A person may apply to the Chief Executive for a poppy processing licence which authorises a person for commercial purposes relating to therapeutic use— (a) to receive poppy straw from a licensed grower or from a licensed processor or a person authorised to possess and supply alkaloid poppies in another jurisdiction; and (b) to process and possess poppy straw at premises specified in the licence; and (c) to transport, sell or supply poppy straw to a person who possesses a Commonwealth licence to manufacture; and (d) to transport, sell or supply poppy straw if the applicant possesses a Commonwealth licence to export; and (e) to transport, sell or supply poppy straw to a person who possesses a Commonwealth licence to export. (2) A person may apply to the Chief Executive for a poppy processing licence which authorises a person for research purposes relating to non‑therapeutic use— (a) to receive or process poppy straw at premises specified in the licence; and (b) to possess, transport, sell or supply poppy straw to a licensed processor. (3) An application under subsection (1) or (2) must— (b) be accompanied by a copy of the proposed risk management plan; and (c) be accompanied by the relevant prescribed application fee (if any); and (d) be accompanied by any other prescribed particulars; and (e) in the case of an application under subsection (1), be accompanied by a copy of a Commonwealth licence to manufacture or a Commonwealth licence to export, as the case requires. (4) An application under subsection (1) or (2) must contain or be accompanied by evidence to the satisfaction of the Chief Executive that the applicant is a fit and proper person to be issued a licence and— (a) in the case of an application under subsection (1), intends to undertake a bona fide commercial activity relating to the therapeutic use of poppy straw including evidence of the commercial activity to be carried out; or (b) in the case of an application under subsection (2), intends to undertake a research activity relating to the non‑therapeutic use of poppy straw under the licence including evidence that the research activity would be conducted by a person with appropriate scientific training using appropriate methodology. (5) An application under subsection (1) or (2) must contain any other information about the applicant or the application which the Chief Executive reasonably requires to assist in assessing the application. 30O—Chief Executive must investigate application (1) On receiving an application under section 30N, the Chief Executive— (a) must carry out all investigations and inquiries that the Chief Executive considers necessary to determine the application; and (b) may conduct an inspection of the premises that are to be specified in the relevant licence; and (c) may require that an applicant or any associate of the applicant submit to the Chief Executive a recent police record check of the applicant or any associate of the applicant. (2) The Chief Executive must provide a copy of an application made under section 30N and any accompanying documents to the Commissioner of Police. (a) inquire into and report to the Chief Executive on any matters concerning the application that the Commissioner of Police believes are appropriate or reasonably necessary; and (b) inquire into and report to the Chief Executive on any matters concerning the application that the Chief Executive requests; and (c) within 28 days of receiving the application from the Chief Executive, notify the Chief Executive in writing of the Commissioner of Police's decision to support or oppose the issuing of a licence and provide the reasons for the decision. (4) If the Chief Executive is notified under subsection (3)(c) that the Commissioner of Police opposes the issuing of a poppy processing licence, the Chief Executive must not issue the licence. 30P—Determining an application (1) After considering an application and any investigation under section 30O, the Chief Executive must determine the application within 60 days of receiving the application. (2) The Chief Executive may issue a poppy processing licence to an applicant under section 30N(1) or (2). (3) The Chief Executive may refuse to issue a poppy processing licence to an applicant under section 30N(1) or (2). (4) The Chief Executive must— (b) if the Chief Executive refuses an application under subsection (3), provide reasons for the decision. 30Q—Terms and conditions of a poppy processing licence (1) A poppy processing licence is issued for the term, not exceeding 12 months, specified in the licence unless it is sooner suspended or cancelled. (2) A poppy processing licence relates only to the premises specified in it. (3) A poppy processing licence must specify the maximum quantity of alkaloid poppies that may be processed by a licensed processor. (4) A poppy processing licence is subject to the condition that a licensed processor must comply with the risk management plan under the licence. (5) A poppy processing licence is subject to the condition that the licensed processor must only employ persons that are suitable to carry out activities under the licence. (6) A poppy processing licence is subject to the prescribed terms, conditions, limitations and restrictions (if any). (7) A poppy processing licence is subject to the terms, conditions, limitations and restrictions that are specified in it including, but not limited to, terms, conditions, limitations and restrictions relating to the following: (a) the specified premises at which the activities authorised by the licence may be carried out; (b) the implementation and maintenance of satisfactory security and surveillance measures to restrict access of unauthorised persons to poppy straw; (c) the keeping of records and other documents; (d) the provision of information, records or other documents to the Chief Executive relating to— (i) the activities carried out under the licence; or (ii) a change in the position of director, manager, secretary or other executive position, however designated, or the structure of the business to which the licence relates; or (iii) any other matter that the Chief Executive reasonably requires in relation to the licence or the licensed activity; (e) the disposal of poppy straw; (f) the inspection, supervision and surveillance of poppy straw by an inspector. (8) A poppy processing licence referred to in section 30N(1) is subject to the condition that the licensed processor must hold a current Commonwealth licence to manufacture or a current Commonwealth licence to export whilst undertaking an activity authorised by the licence. 30R—Poppy processing licence is not transferable A poppy processing licence is not transferable to another person. 30S—Employee of licensed processor authorised to undertake activities under licence (1) For the purposes of this Act, an employee of a licensed processor who holds a poppy processing licence for commercial purposes relating to therapeutic use, is authorised to carry out any of the following activities under the licence that is required of the employee in the course of his or her employment: (a) to receive poppy straw from a licensed grower or a person authorised to possess alkaloid poppies in another jurisdiction; (b) to process and possess poppy straw at specified premises; (c) to transport, sell or supply poppy straw to a person who possesses a Commonwealth licence to manufacture; (d) to export poppy straw if the applicant possesses a Commonwealth licence to export. (2) For the purposes of this Act, an employee of a licensed processor who holds a poppy processing licence for research purposes relating to non‑therapeutic use, is authorised to carry out any activity under the licence involving the processing, possession, transportation of poppy straw or the sale or supply of poppy straw to a licensed processor that is required of the employee in the course of his or her employment. (3) An employee must only undertake an activity authorised under subsection (1) or (2) in relation to his or her employment. 30T—Employee identification certificate issued by licensed processor (1) The licensed processor must issue an employee identification certificate to each employee employed to carry out activities in the business conducted by a licensed processor under a poppy processing licence. (2) The employee identification certificate must contain the following information: (a) the employee's name; (b) a clear photograph of the employee; (c) the employee's date of birth; (d) the expiry date of the employee identification certificate; (e) the poppy processing licence under which the employee is authorised to carry out activities required of the employee in the course of his or her employment; (f) the prescribed information (if any). 30U—Application for renewal of licence (1) A licensed processor may apply to the Chief Executive for the renewal of a poppy processing licence. (2) A renewal application must be made to the Chief Executive at least 2 months before the poppy processing licence is due to expire. (3) A renewal application must— (b) be accompanied by any information relevant to whether or not the licensed processor is a fit and proper person; and (c) be accompanied by the current risk management plan under the poppy processing licence; and (d) be accompanied by a copy of the licensed processor's current Commonwealth licence to manufacture or current Commonwealth licence to export; and (e) be accompanied by the relevant prescribed renewal fee (if any); and (f) be accompanied by any other information the Chief Executive reasonably requires to assess the application; and (g) contain any prescribed particulars. (4) A poppy processing licence may be renewed more than once. 30V—Chief Executive must investigate renewal application (1) On receipt of a renewal application under section 30U, the Chief Executive— (a) must carry out any investigation or inquiry necessary to determine the renewal application; and (b) may conduct an inspection of the specified premises of the poppy processing licence; and (c) may require that an applicant or any associate of the applicant submit to the Chief Executive a recent police record check of the applicant or any associate of the applicant. (2) The Chief Executive must provide a copy of a renewal application made under section 30U and any accompanying documents to the Commissioner of Police. (a) inquire into and report to the Chief Executive on any matters concerning the application that the Commissioner of Police believes are appropriate or reasonably necessary; and (b) inquire into and report to the Chief Executive on any matters concerning the renewal application that the Chief Executive requests; and (c) within 28 days of receiving the application from the Chief Executive, notify the Chief Executive in writing of the Commissioner of Police's decision to support or oppose the renewal of a licence and provide the reasons for the decision. (4) If the Chief Executive is notified under subsection (3)(c) that the Commissioner of Police opposes the renewal of a poppy processing licence, the Chief Executive must not renew the licence. 30W—Determining a renewal application (1) After considering a renewal application and any investigation under section 30V, the Chief Executive must determine the renewal application within 60 days of receiving it. (2) The Chief Executive may renew a poppy processing licence for a period not exceeding 12 months. (3) The Chief Executive may refuse to renew a poppy processing licence of a licensed processor. (4) A renewed poppy processing licence expires on the date specified by the Chief Executive unless the licence is cancelled or suspended prior to the expiry. (5) The Chief Executive must— (b) if the Chief Executive refuses to renew the poppy processing licence under subsection (3), provide reasons for the decision. Division 4—General provisions applying to a poppy cultivation licence or poppy processing licence 30X—Amendment of licences (1) The Chief Executive may— (a) amend an existing term, condition, limitation or restriction to which a poppy cultivation licence or poppy processing licence is subject; or (b) impose a new term, condition, limitation or restriction on the poppy cultivation licence or the poppy processing licence. (2) The Chief Executive may exercise a power under subsection (1)— (a) on the application of the licensed grower or the licensed processor; or (b) in the Chief Executive's discretion. (3) The Chief Executive must determine an application made under subsection (2)(a) within 28 days of receiving the application. (4) The Chief Executive must notify the licensed grower or the licensed processor, in writing within 7 business days, if an amendment to a licence is made under subsection (1)(a) or (b). (5) An application by a licensed grower or a licensed processor made under subsection (2)(a) must— (b) be accompanied by the relevant prescribed fee (if any); and (c) be accompanied by any prescribed particulars. 30Y—Suspension or cancellation of licences (1) The Chief Executive, 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 Chief Executive 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 Chief Executive 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 Chief Executive is satisfied that the licensed grower or the licensed processor obtained the relevant licence by fraud, misrepresentation or concealment of facts; or (g) the Commissioner of Police requests suspension or cancellation on the basis of criminal intelligence 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. (2) If a poppy cultivation licence or a poppy processing licence is suspended or cancelled under subsection (1) the Chief Executive must— (a) notify the 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 (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. (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.