QLDIn ForceAct
Drugs Misuse Act 1986
sec.70Amendment of licence or licence conditions
Start here
Get a plain-English read of sec.70
Turn the raw legal text into a practical explanation grounded in Drugs Misuse Act 1986.
### sec.70 Amendment of licence or licence conditions
The chief executive may amend a licence or the conditions of a licence—
on the licensee’s application; or
on the chief executive’s own initiative.
An application under subsection (1) (a) must be made in the approved form and be accompanied by the application fee prescribed under a regulation.
Before making an amendment under subsection (1) (a) , the chief executive must be satisfied the licensee meets the eligibility requirements the chief executive specifies as relevant to the amendment and advises to the applicant.
Before making an amendment under subsection (1) (b) , the chief executive must—
give written notice to the licensee—
of the particulars of the proposed amendment; and
that the licensee may make written submissions to the chief executive about the proposed amendment before a stated day, not later than 14 days after the notice is given to the licensee; and
have regard to submissions made to the chief executive by the licensee before the stated day.
Subsection (4) does not apply if the chief executive decides that the amendment must be made urgently to ensure compliance with this Act.
If the chief executive decides to make an amendment under subsection (1) (b) , the chief executive must give written notice of the amendment to the licensee and an information notice for the decision within 14 days after the decision is made.
The amendment takes effect—
on the day the written notice of the amendment is given to the licensee; or
if a later day is stated in the notice—the stated day.
If the chief executive decides to refuse to make an amendment requested under subsection (1) (a) , the chief executive must give the applicant an information notice for the decision within 14 days after the decision is made.
s 70 ins 2002 No. 35 s 7
amd 2018 No. 5 s 106
(sec.70-ssec.1) The chief executive may amend a licence or the conditions of a licence— on the licensee’s application; or on the chief executive’s own initiative.
(sec.70-ssec.2) An application under subsection (1) (a) must be made in the approved form and be accompanied by the application fee prescribed under a regulation.
(sec.70-ssec.3) Before making an amendment under subsection (1) (a) , the chief executive must be satisfied the licensee meets the eligibility requirements the chief executive specifies as relevant to the amendment and advises to the applicant.
(sec.70-ssec.4) Before making an amendment under subsection (1) (b) , the chief executive must— give written notice to the licensee— of the particulars of the proposed amendment; and that the licensee may make written submissions to the chief executive about the proposed amendment before a stated day, not later than 14 days after the notice is given to the licensee; and have regard to submissions made to the chief executive by the licensee before the stated day.
(sec.70-ssec.5) Subsection (4) does not apply if the chief executive decides that the amendment must be made urgently to ensure compliance with this Act.
(sec.70-ssec.6) If the chief executive decides to make an amendment under subsection (1) (b) , the chief executive must give written notice of the amendment to the licensee and an information notice for the decision within 14 days after the decision is made.
(sec.70-ssec.7) The amendment takes effect— on the day the written notice of the amendment is given to the licensee; or if a later day is stated in the notice—the stated day.
(sec.70-ssec.8) If the chief executive decides to refuse to make an amendment requested under subsection (1) (a) , the chief executive must give the applicant an information notice for the decision within 14 days after the decision is made.
- (a) on the licensee’s application; or
- (b) on the chief executive’s own initiative.
- (a) give written notice to the licensee— (i) of the particulars of the proposed amendment; and (ii) that the licensee may make written submissions to the chief executive about the proposed amendment before a stated day, not later than 14 days after the notice is given to the licensee; and
- (i) of the particulars of the proposed amendment; and
- (ii) that the licensee may make written submissions to the chief executive about the proposed amendment before a stated day, not later than 14 days after the notice is given to the licensee; and
- (b) have regard to submissions made to the chief executive by the licensee before the stated day.
- (i) of the particulars of the proposed amendment; and
- (ii) that the licensee may make written submissions to the chief executive about the proposed amendment before a stated day, not later than 14 days after the notice is given to the licensee; and
- (a) on the day the written notice of the amendment is given to the licensee; or
- (b) if a later day is stated in the notice—the stated day.