58Grounds for granting licence

58 Grounds for granting licence

58 Grounds for granting licence

(1) The Health Secretary may grant a licence if satisfied of all the following—

(a) the applicant is a fit and proper person to hold the licence,

(b) for an application for a licence for a Schedule 9 substance—the licence is intended for—

(i) medical or scientific research purposes, or

(ii) analysis, teaching or training purposes, or

(iii) a prescribed industrial purpose,

(c) for an application for a licence for a prescribed Schedule 7 substance—the licence is intended only for supply or obtaining supply for non-domestic use,

(d) for an application for a licence for a prescribed Schedule 7 substance marked with an “a” in the NSW Poisons List—the licence is intended only for supply or obtaining supply for an analytical or research purpose,

(e) for an application for a licence for a Schedule 9 substance, a prescribed Schedule 7 substance marked with a “p” in the NSW Poisons List or a Schedule 10 substance—the granting of the licence would not pose an unacceptable risk to public health,

(f) other prescribed matters, whether generally or for particular kinds of applications.

(2) The Health Secretary may grant a licence, even if the Health Secretary is not satisfied of all of the matters specified in subsection (1), if the Health Secretary considers it necessary to grant the licence to deal with urgent, emergency or unforeseen circumstances.

(3) To avoid doubt, the Health Secretary may refuse to grant a licence to an applicant even if the Health Secretary is satisfied of all the matters specified in subsection (1).