QLDIn ForceAct
Drugs Misuse Act 1986
sec.57Fit and proper person to hold licence
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### sec.57 Fit and proper person to hold licence
In deciding whether a person is a fit and proper person to hold a licence, the chief executive must have regard to the following—
whether the person held a licence or permit that was suspended or cancelled under—
this part; or
the Narcotic Drugs Act 1967 (Cwlth) ; or
a law of another State that corresponds, or substantially corresponds, to this part;
if the person is an individual—the criminal history of the person;
if the person is a corporation—whether each executive officer of the corporation is a fit and proper person to hold a licence;
in relation to an applicant for, or holder of, a researcher licence—
whether the person has the necessary educational or other qualifications and experience to engage in plant breeding or other research involving the use of industrial cannabis or class A or class B research cannabis; or
if the person is a corporation—whether a person employed by the corporation to carry out plant breeding under the licence has the necessary educational or other qualifications and experience to engage in plant breeding or other research involving the use of industrial cannabis or class A or class B research cannabis; or
whether a close associate of the person held a licence or permit that was suspended or cancelled under—
this part; or
the Narcotic Drugs Act 1967 (Cwlth) ; or
a law of another State that corresponds, or substantially corresponds, to this part; or
if the person is an individual—the criminal history of any close associate of the person.
Without limiting subsection (1) , in deciding whether a person is a fit and proper person to hold a licence, the chief executive may have regard to any other matter the chief executive considers relevant.
s 57 ins 2002 No. 35 s 7
amd 2006 No. 48 s 26
sub 2018 No. 5 s 102
amd 2018 No. 5 s 124
(sec.57-ssec.1) In deciding whether a person is a fit and proper person to hold a licence, the chief executive must have regard to the following— whether the person held a licence or permit that was suspended or cancelled under— this part; or the Narcotic Drugs Act 1967 (Cwlth) ; or a law of another State that corresponds, or substantially corresponds, to this part; if the person is an individual—the criminal history of the person; if the person is a corporation—whether each executive officer of the corporation is a fit and proper person to hold a licence; in relation to an applicant for, or holder of, a researcher licence— whether the person has the necessary educational or other qualifications and experience to engage in plant breeding or other research involving the use of industrial cannabis or class A or class B research cannabis; or if the person is a corporation—whether a person employed by the corporation to carry out plant breeding under the licence has the necessary educational or other qualifications and experience to engage in plant breeding or other research involving the use of industrial cannabis or class A or class B research cannabis; or whether a close associate of the person held a licence or permit that was suspended or cancelled under— this part; or the Narcotic Drugs Act 1967 (Cwlth) ; or a law of another State that corresponds, or substantially corresponds, to this part; or if the person is an individual—the criminal history of any close associate of the person.
(sec.57-ssec.2) Without limiting subsection (1) , in deciding whether a person is a fit and proper person to hold a licence, the chief executive may have regard to any other matter the chief executive considers relevant.
- (a) whether the person held a licence or permit that was suspended or cancelled under— (i) this part; or (ii) the Narcotic Drugs Act 1967 (Cwlth) ; or (iii) a law of another State that corresponds, or substantially corresponds, to this part;
- (i) this part; or
- (ii) the Narcotic Drugs Act 1967 (Cwlth) ; or
- (iii) a law of another State that corresponds, or substantially corresponds, to this part;
- (b) if the person is an individual—the criminal history of the person;
- (c) if the person is a corporation—whether each executive officer of the corporation is a fit and proper person to hold a licence;
- (d) in relation to an applicant for, or holder of, a researcher licence— (i) whether the person has the necessary educational or other qualifications and experience to engage in plant breeding or other research involving the use of industrial cannabis or class A or class B research cannabis; or (ii) if the person is a corporation—whether a person employed by the corporation to carry out plant breeding under the licence has the necessary educational or other qualifications and experience to engage in plant breeding or other research involving the use of industrial cannabis or class A or class B research cannabis; or (iii) whether a close associate of the person held a licence or permit that was suspended or cancelled under— (A) this part; or (B) the Narcotic Drugs Act 1967 (Cwlth) ; or (C) a law of another State that corresponds, or substantially corresponds, to this part; or (iv) if the person is an individual—the criminal history of any close associate of the person.
- (i) whether the person has the necessary educational or other qualifications and experience to engage in plant breeding or other research involving the use of industrial cannabis or class A or class B research cannabis; or
- (ii) if the person is a corporation—whether a person employed by the corporation to carry out plant breeding under the licence has the necessary educational or other qualifications and experience to engage in plant breeding or other research involving the use of industrial cannabis or class A or class B research cannabis; or
- (iii) whether a close associate of the person held a licence or permit that was suspended or cancelled under— (A) this part; or (B) the Narcotic Drugs Act 1967 (Cwlth) ; or (C) a law of another State that corresponds, or substantially corresponds, to this part; or
- (A) this part; or
- (B) the Narcotic Drugs Act 1967 (Cwlth) ; or
- (C) a law of another State that corresponds, or substantially corresponds, to this part; or
- (iv) if the person is an individual—the criminal history of any close associate of the person.
- (i) this part; or
- (ii) the Narcotic Drugs Act 1967 (Cwlth) ; or
- (iii) a law of another State that corresponds, or substantially corresponds, to this part;
- (i) whether the person has the necessary educational or other qualifications and experience to engage in plant breeding or other research involving the use of industrial cannabis or class A or class B research cannabis; or
- (ii) if the person is a corporation—whether a person employed by the corporation to carry out plant breeding under the licence has the necessary educational or other qualifications and experience to engage in plant breeding or other research involving the use of industrial cannabis or class A or class B research cannabis; or
- (iii) whether a close associate of the person held a licence or permit that was suspended or cancelled under— (A) this part; or (B) the Narcotic Drugs Act 1967 (Cwlth) ; or (C) a law of another State that corresponds, or substantially corresponds, to this part; or
- (A) this part; or
- (B) the Narcotic Drugs Act 1967 (Cwlth) ; or
- (C) a law of another State that corresponds, or substantially corresponds, to this part; or
- (iv) if the person is an individual—the criminal history of any close associate of the person.
- (A) this part; or
- (B) the Narcotic Drugs Act 1967 (Cwlth) ; or
- (C) a law of another State that corresponds, or substantially corresponds, to this part; or