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.