South Australian Current Acts

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CONTROLLED SUBSTANCES ACT 1984 - SECT 55

55—Licences, authorities and permits

        (1)         The Minister may, in the Minister's absolute discretion, grant or refuse a licence, authority or permit for the purposes of this Act.

        (2)         The Minister may grant a licence, authority or permit subject to such conditions as the Minister thinks fit and specifies in the licence, authority or permit and may at any time, by notice in writing given personally or by post to the holder, vary or revoke a condition, or attach a further condition, to the licence, authority or permit.

        (2a)         If a person who holds a licence, authority or permit contravenes or fails to comply with a condition of that licence, authority or permit, the holder is guilty of an offence.

Maximum penalty: $5 000.

        (2b)         The Minister may fix fees payable in respect of a licence, authority or permit (including application fees, fees for grant and renewal and periodic fees) and may waive or reduce a fee payable if the Minister considers it appropriate to do so.

        (3)         On the expiry of the term of a licence granted under this Act, the Minister must, if application for renewal has been made in the due manner and the appropriate fee paid, renew the licence for a further term.

        (4)         The Minister may, by notice in writing given personally or by post to the holder of a licence, authority or permit granted under this Act, suspend or revoke the licence, authority or permit if—

            (a)         the holder obtained it improperly; or

            (b)         the holder is found guilty of an offence against this Act; or

            (c)         the holder has, in the opinion of the Minister, contravened or failed to comply with a condition of the licence, authority or permit.

        (5)         If the Minister makes a decision under subsection (4)(c) to suspend or revoke a person's licence, authority or permit, the person may seek a review of the decision by the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 .

        (6)         Subject to subsection (8), an application for a review must be made within 1 month of the suspension or revocation.

        (7)         The Minister must, if required by the person applying for a review, state in writing the reasons for the suspension or revocation.

        (8)         If the reasons of the Minister are not given in writing at the time of making the decision that is to be the subject of a review and the person seeking the review, within 1 month of the making of the decision, requires the Minister's reasons in writing, the time for applying for a review runs from the time when the person receives the written statement of those reasons.

        (9)         This section does not apply in relation to a licence under Part 4A.



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