22Order on expiry, surrender or cancellation of licence

22 Order on expiry, surrender or cancellation of licence

22 Order on expiry, surrender or cancellation of licence

(1) If a poppy licence expires or is surrendered or cancelled under this Act, the Secretary may order the former licensee to take specified action, or to refrain from taking specified action, for the purposes of—

(a) keeping alkaloid poppies and alkaloid poppy material secure and ensuring that they are not diverted for unlawful purposes, or

(b) minimising the risk of environmental harm or harm to humans arising from the former activities under the licence.

(2) An order under this section may, for example, require the former licensee—

(a) to provide information or prepare a report on specified matters, or

(b) to destroy alkaloid poppies, or alkaloid poppy material, formerly possessed under the licence, or

(c) to clean up any residue of material derived from alkaloid poppies, or

(d) to treat the premises or place, or anything at the premises or place, formerly used under the licence in a specified manner, or

(e) to allow an arrangement to be put in place for another person to undertake such action.

(3) An order under this section may be made on or in anticipation of the expiry, surrender or cancellation of the licence or within the period fixed by regulation after the expiry, surrender or cancellation of the licence.

(4) If an order made under this section is contravened, the former holder of the poppy licence is guilty of an offence.

Maximum penalty—

(a) in the case of a corporation—500 penalty units, or

(b) in the case of an individual—100 penalty units or imprisonment for 1 year, or both.

(5) If the former holder of a poppy licence contravenes an order under this section requiring the holder to take specified action, the Secretary may take that action and recover the cost of doing so from the holder as a debt in a court of competent jurisdiction.