138Refund of licence fee in relation to Schedule 5 poisons and Schedule 6 poisons

138 Refund of licence fee in relation to Schedule 5 poisons and Schedule 6 poisons (1) The Secretary may refund to a licence holder an amount equal to the proportion of the fee paid for a licence in relation to the period that starts on the date of the commencement of the **Drugs, Poisons and Controlled Substances and Therapeutic Goods (Victoria) Acts (Amendment) Act 2004** and ends on the expiry of the licence if— (a) the licence is issued under Division 4 of Part II for— (i) the sale or supply by wholesale of a Schedule 5 poison or a Schedule 6 poison; or (ii) the manufacture and sale or supply by retail of a Schedule 5 poison or a Schedule 6 poison; or (iii) the manufacture and sale or supply by wholesale of a Schedule 5 poison or a Schedule 6 poison; and (b) at that commencement, the licence has a period of at least 6 months to run before its expiry. (2) A refund paid to a licence holder under subsection (1) is to be paid from the Consolidated Fund which is, to the necessary extent, appropriated accordingly. S. 139 inserted by No. 74/2004 s. 5. 139 Transitional provisions relating to licences—Drugs, Poisons and Controlled Substances and Therapeutic Goods (Victoria) Acts (Amendment) Act 2004 (1) An application for a new licence of a kind referred to in section 20(1)(b) or (e) of this Act as in force immediately before the commencement of the **Drugs, Poisons and Controlled Substances and Therapeutic Goods (Victoria) Acts (Amendment) Act 2004** or for the renewal of such a licence must be taken to be an application for a licence or for its renewal (as the case requires) of a kind of licence referred to in the relevant section as amended by the **Drugs, Poisons and Controlled Substances and Therapeutic Goods (Victoria) Acts (Amendment) Act 2004**. (2) A licence— (a) of a kind referred to in section 20(1)(b) or (e) of this Act as in force immediately before the commencement of the **Drugs, Poisons and Controlled Substances and Therapeutic Goods (Victoria) Acts (Amendment) Act 2004** (including a suspended licence); and (b) in existence at the date of that commencement— must be taken to have been issued under this Act as amended by the **Drugs, Poisons and Controlled Substances and Therapeutic Goods (Victoria) Acts (Amendment) Act 2004** and may be renewed, amended, suspended or cancelled accordingly. (3) The amendments to section 20(1)(b) and (e) made by the **Drugs, Poisons and Controlled Substances and Therapeutic Goods (Victoria) Acts (Amendment) Act 2004** do not affect the continuity or suspension of a licence of a kind referred to in section 20(1)(b) or (e) of this Act as in force immediately before the commencement of that Act. S. 140 inserted by No. 52/2006 s. 16.