19Criteria for determination of applications and conditions

19 Criteria for determination of applications and conditions

19 Criteria for determination of applications and conditions

(1) The Secretary may refuse an application for the grant, renewal or amendment of a poppy licence or poppy permit if the applicant does not satisfy the Secretary—

(a) that the applicant is a fit and proper person to hold the licence or permit or to hold the licence or permit as proposed to be amended, and

(b) for the grant or renewal of a poppy licence or poppy permit—that the applicant has attained 18 years of age or, for an application made by a corporation, that each of the directors of the corporation has attained 18 years of age, and

(c) that the applicant has the capacity, including financial capacity, or has made or proposes to make appropriate arrangements, to satisfy the requirements of this Act and the regulations applicable to the activities proposed to be authorised by the licence or permit, or by the licence or permit as proposed to be amended, and

(d) for the grant, renewal or amendment of a licence—

(i) that any land and premises proposed to be used under the licence, or under the licence as proposed to be amended, are suitable for that purpose in terms of location, facilities and security arrangements, and

(ii) that the arrangements required as a condition of the licence, or the licence as proposed to be amended, are suitable for that purpose, and

Note—

See section 8 (e) for a cultivation licence and section 9 (c) for a processing licence.

(iii) that the risk management plan proposed to be implemented under the licence, or under the licence as proposed to be amended, is suitable for that purpose, and

(e) that, taking the conditions of the licence or permit into account, the risk of alkaloid poppies or alkaloid poppy material being diverted for unlawful purposes and the risk of environmental harm or harm to humans arising from the activities authorised by the licence or permit, if the application is granted, will be reduced to an acceptable level, and

(f) that any other criteria specified in the regulations have been met.

Note—

Also see section 23.

(2) In determining an application for the grant, renewal or amendment of a poppy licence and licence conditions, the Secretary may also make a decision on grounds relating to Australia’s obligations under the Single Convention on Narcotic Drugs 1961, as amended from time to time.