134Considering and deciding application

134 Considering and deciding application (1) The CHO must consider the application and either issue, or refuse to issue, the authority sought. (2) The CHO must issue the authority if satisfied: (a) no restriction on the issue of the authority under Division 2, or prescribed by regulation, applies in relation to the application; and (b) the applicant can comply with this Act in relation to the Scheduled substances to which the application relates; and (c) the substances are to be stored in an area and in a way to prevent unauthorised access to them; and (d) if the application is for a certificate of registration – the proposed nominated person stated in the application is a suitable person; and (e) if the application is made by a person who is not a health practitioner – the applicant is a suitable person to hold the authority. Note about storage of Scheduled substances for subsection (2)(c) In addition, the CHO must be satisfied about security arrangements for some places where Scheduled substances are stored, see sections 135(b), 136(b), 136A(1)(b), 140(1)(f) and 141(1)(e). (3) The CHO must refuse to issue the authority if the CHO is not satisfied about the matters mentioned in subsection (2).

Medicines, Poisons and Therapeutic Goods Act 2012 80 (4) In addition, the CHO may refuse to issue a Schedule 7 authorisation or pest management technician licence if satisfied about the matter mentioned in section 172(4). Note for subsection (4) Under section 172(4)(a), the CHO may refuse to issue a Schedule 7 authorisation or pest management technician licence if satisfied a medical examination indicates the applicant's use or continued use of Schedule 7 substances or pesticides is a threat to the applicant's health.