21Suspension, cancellation or amendment of licence or permit

21 Suspension, cancellation or amendment of licence or permit

21 Suspension, cancellation or amendment of licence or permit

(1) The Secretary may suspend, cancel or amend a poppy licence or poppy permit as the Secretary considers appropriate if satisfied that—

(a) the licence or permit was obtained improperly, or

(b) the holder of the licence or permit—

(i) has ceased to carry on the activities authorised by the licence or permit, or

(ii) has not paid fees or charges payable to the Secretary as required by this Act or the regulations, or

(iii) has contravened this Act or the regulations or the Drug Misuse and Trafficking Act 1985 or a law of the Commonwealth or another State or Territory that regulates activities involving alkaloid poppies, alkaloid poppy material, prohibited plants, prohibited drugs, medicines, poisons or therapeutic goods, or

(c) an event has occurred or circumstances have come to light such that, if an application were now to be made by the holder of the licence or permit for the licence or permit, it would not be granted or it would not be granted on the same conditions of the licence or permit, or

(d) for a licence—

(i) an arrangement required as a condition of the licence has ceased to be in effect or has been altered in a manner that results in a contravention of the condition of the licence, or

(ii) a person with whom such an arrangement has been entered into has ceased to hold the poppy licence, interstate poppy licence or manufacturing, export or research licence required for the arrangement or the licence held by the person has been suspended, or

Note—

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

(e) an emergency situation has arisen warranting the suspension, cancellation or amendment—

(i) to keep alkaloid poppies and alkaloid poppy material secure and ensure that they are not diverted for unlawful purposes, or

(ii) to minimise the risk of environmental harm or harm to humans arising from the activities under the licence or permit.