55JSecretary's power to revoke licence

55J Secretary's power to revoke licence S. 55J(1) amended by No. 7/2023 s. 19(9). (1) The Secretary may revoke a medically supervised injecting centre licence— S. 55J(1)(a) amended by No. 7/2023 s. 28. (a) if the Secretary is satisfied, whether as a result of a review under section 55P or 55PA or otherwise, that— (i) the licensee is not a fit and proper person to hold the licence; or (ii) the director or another person concerned in the management of the licensed medically supervised injecting centre is not a fit and proper person to be concerned in the management of the centre; or S. 55J(1)(a)(iii) amended by No. 7/2023 s. 36(1). (iii) a condition imposed on the licence has been contravened; or (iv) the internal management protocols have been contravened; or S. 55J(1) (a)(iva) inserted by No. 7/2023 s. 16. (iva) the licensee has breached or terminated an agreement entered into, or a deed executed, in accordance with section 55EA(1); or (v) for any other reason, it is appropriate to revoke the licence in the circumstances; or S. 55J(1)(b) substituted by No. 7/2023 s. 18. (b) if the licensee requests the revocation and the Secretary is satisfied that it is appropriate to revoke the licence in the circumstances; or (c) for a prescribed reason. S. 55J(2) inserted by No. 7/2023 s. 12. (2) A medically supervised injecting centre licence revoked under subsection (1) is revoked on the first moment of the day specified by the Secretary in respect of the revocation under section 55G(3)(b). S. 55JA inserted by No. 7/2023 s. 22. 55JA Transfer of licence (1) This section applies if the Secretary has issued a medically supervised injecting centre licence. (2) The licensee may apply to the Secretary for the transfer of the medically supervised injecting centre licence to another person (the ***proposed transferee***). (3) The licensee must not apply under subsection (2) without the agreement of the proposed transferee. (4) On an application under subsection (2), the Secretary must, in accordance with this section, either— (a) grant the application and transfer the licence to the proposed transferee; or (b) refuse the application. (5) The Secretary must not grant an application under subsection (2) unless— (a) the Secretary has approved, under section 55E, internal management protocols for the proposed transferee; and (b) the Secretary is satisfied that any other prescribed requirements have been satisfied. (6) The Secretary may refuse an application under subsection (2) for any reason the Secretary thinks fit. (7) In transferring a medically supervised injecting centre licence, the Secretary— (a) may impose on the licence any conditions that the Secretary thinks fit; and (b) may vary any conditions of the licence as the Secretary thinks fit; and (c) must not extend or otherwise vary the licence. Section 55F provides for extension of the licence. (8) On the transfer of a medically supervised injecting centre licence, the transferee becomes the licensee and assumes all of the licensee's obligations and liabilities in respect of the licence. (9) The transfer of a medically supervised injecting centre licence takes effect on the day specified by the Secretary in respect of the transfer under section 55G(5)(b). (10) The transfer of a medically supervised injecting centre licence does not alter the day on which the licence ceases to be in force as specified in the licence. (11) The functions and powers of the Secretary under this section are not delegable. Division 3—Miscellaneous S. 55K inserted by No. 66/2017 s. 7.