Queensland Consolidated Regulations

HEALTH (DRUGS AND POISONS) REGULATION 1996 - REG 18

18 How chief executive may deal with applications

(1) The chief executive must consider an application for an endorsement and either—

(a) grant the endorsement, with or without conditions; or

(b) refuse to grant the endorsement.

(2) Also, the chief executive must consider an application for the renewal of a drug licence, poison licence, treatment approval or wholesale representative licence and either—

(a) renew the licence or approval, with or without conditions; or

(b) refuse to renew the licence or approval.

(3) If the chief executive decides to grant the endorsement or renew an endorsement that is a drug licence, poison licence, treatment approval or wholesale representative licence, the chief executive must promptly give the applicant the relevant endorsement.

(4) If the chief executive decides to state a condition on the endorsement, the chief executive must also give the applicant—

(a) if the endorsement is an endorsement other than a treatment approval, a QCAT information notice about the decision to state the condition on the endorsement; or

(b) if the endorsement is a treatment approval, a notice stating the following—

(i) the decision;

(ii) that the applicant may apply to the chief executive for a statement of reasons for the decision under the QCAT Act , section 158 , within the period stated in that provision;

(iii) the person has a right to have the decision reviewed by QCAT;

(iv) how, and the period within which, the person may apply for the review;

(v) the right the person has to have the operation of the decision stayed under the QCAT Act , section 22 .

(5) However, if the treatment approval is subject to a condition relating to the treatment of a drug dependent person to ensure the treatment under the approval continues to be for the welfare of the person, including, for example, 1 or more of the following conditions, the applicant may not apply for review of the imposition of the condition—

(a) the way in which the controlled or restricted drug is to be dispensed or prescribed for, or administered or supplied to or for, the drug dependent person;

(b) the applicant must, at stated times, examine the drug dependent person or conduct tests in relation to the drug dependent person—

(i) to ensure the controlled or restricted drug is being used in the way the applicant has directed; or

(ii) for the use or presence of other drugs or poisons.

(6) If the chief executive decides not to grant the endorsement or renew the drug licence, poison licence, treatment approval or wholesale representative licence, the chief executive must promptly give the applicant a QCAT information notice about the decision.