5Ineligibility to apply for licence

5 Ineligibility to apply for licence

[Section 5 Subsection (1A) inserted by No. 58 of 2005, s. 8, Applied:01 Jan 2006] [Section 5 Subsection (2) amended by No. 58 of 2005, s. 8, Applied:01 Jan 2006] [Section 5 Substituted by No. 39 of 2010, s. 7, Applied:01 Jul 2011]

(1)  In this section –

minor offence means an offence for which a minor penalty has been imposed, being –

(a) an offence referred to in paragraph (a) , (b) or (d) of the definition of "prescribed offence" in section 3 ; or

(b) an offence involving possession of a prohibited plant, prohibited substance or scheduled substance, within the meaning of the Poisons Act 1971 ; or

(c) an offence involving possession of a controlled drug, a controlled plant or a controlled plant product, within the meaning of the Misuse of Drugs Act 2001 ; or

(d) an offence under section 23 of the Misuse of Drugs Act 2001 or a similar offence under the law of another State or a Territory;

minor penalty means –

(a) no penalty; or

(b) a penalty that does not include –

(i) a term of imprisonment; or

(ii) a fine of $500 or more.

(2)  [Section 5 Subsection (2) amended by No. 29 of 2022, s. 88, Applied:14 Dec 2022] A person is ineligible to hold a licence if –