Victorian Current Acts

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ACCESS TO MEDICINAL CANNABIS ACT 2016 - SECT 34

Health Secretary must give application for renewal to Chief Commissioner of Police

    (1)     On receiving an application for renewal, the Health Secretary must give a copy of the application to the Chief Commissioner of Police.

    (2)     On receiving further information in accordance with a requirement under section 33, the Health Secretary must give a copy of the information to the Chief Commissioner of Police.

    (3)     The Chief Commissioner of Police must—

        (a)     report to the Health Secretary on—

              (i)     any matters concerning the application that the Health Secretary asks the Chief Commissioner to inquire into; and

              (ii)     any matters concerning the application that the Chief Commissioner believes it is appropriate or reasonably necessary to inquire into; and

        (b)     decide whether to support or oppose the application within 28 days of the later of—

              (i)     the day on which the Chief Commissioner received the copy of the application; or

              (ii)     the last day on which the Chief Commissioner received further information under subsection (2) (if any); and

        (c)     on making that decision, give the Health Secretary a written notice setting out that decision and—

              (i)     if the decision is wholly or partly based on protected information, a statement of that fact; or

              (ii)     in any other case, the reasons for the decision.

    (4)     If the Chief Commissioner of Police decides to oppose the application, and that decision is wholly or partly based on protected information, the Chief Commissioner must create a written record of the reasons for the decision.

    (5)     Neither the Health Secretary nor the applicant is entitled to the written record created under subsection (4).

    (6)     Section 8 of the Administrative Law Act 1978 does not apply to a decision to oppose an application if that decision is wholly or partly based on protected information.



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