118Suitability of authority holder – individuals

118 Suitability of authority holder – individuals (1) In deciding whether an individual (other than a health practitioner) is a suitable person to hold an authority, the CHO must have regard to the following: (a) the knowledge, experience and qualifications of the individual in relation to the Scheduled substances to which the authority relates; (b) the dealings with Scheduled substances to which the authority relates and the purpose of the dealings; (c) another matter prescribed by regulation.

Medicines, Poisons and Therapeutic Goods Act 2012 72 (2) However, an individual is not a suitable person to hold an authority if: (a) the individual has been convicted or found guilty of any of the following in the 5-year period before the day the application for the authority is made: (i) an offence against this Act; (ii) an offence in Australia or elsewhere in relation to a Scheduled substance; or (b) the individual at any time in the 5-year period before the day the application for the authority is made: (i) was an undischarged bankrupt; or (ii) executed a personal insolvency agreement; or (c) at any time in the 5-year period before the day the application for the authority is made, the individual was involved in the management of a body corporate when: (i) the body corporate became the subject of a winding-up order; or (ii) an administrator was appointed for the body corporate; or (d) a circumstance prescribed by regulation applies in relation to the individual. (3) Despite subsection (2), the CHO may decide an individual is a suitable person to hold an authority if satisfied: (a) the individual's dealings with Scheduled substances authorised, or to be authorised, by the authority would not be inconsistent with the objects of this Act if the CHO decided that the individual is a suitable person; and (b) it is otherwise in the public interest that the individual be treated as a suitable person.