Tobacco Act 1987
34WDetermination of application
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34W Determination of application
(1) Subject to subsection (2), the Regulator must determine the following applications by deciding to grant or refuse the application—
(b) a relocation application;
(c) a transfer application;
(d) a variation application;
(e) a renewal application.
(2) The Regulator must grant or refuse an application referred to in subsection (1)—
(a) after the expiry of the period for objections or representations by the Chief Commissioner of Police (if applicable to that application); and
(b) if an objection is made by the Chief Commissioner of Police, after the applicant has been given a reasonable opportunity to make representations in relation to the objection.
Section 34ZA(4) prevents the Regulator from disclosing to the licensee an objection made by the Chief Commissioner of Police if the objection contains protected information.
(3) Before granting or refusing an application under subsection (1), the Regulator—
(a) may conduct any inquiries the Regulator considers appropriate; and
(b) may have regard to any matter the Regulator considers relevant; and
(c) must consider any objections or representations made by the Chief Commissioner of Police; and
(d) must consider any representations made by the applicant in response to any objections referred to in paragraph (c).
(4) If the Regulator decides to grant a licence application, the Regulator must issue a licence to the applicant.
(5) If the Regulator decides to grant a renewal application the Regulator must renew the licence for a further financial year.
(6) Without limiting subsection (3)(a), the Regulator may conduct inquiries with government agencies in Victoria or in other Australian jurisdictions in relation to the criminal history of—
(b) any associates of the applicant.
S. 34X inserted by No. 51/2024 s. 8.