Victorian Current Acts Victorian Current ActsS. 19(1) amended by No. 46/1998 s. 7(Sch. 1).
(1) A person may apply in writing to the Secretary for the issue of a licence, permit or warrant.
(2) An application for a licence, permit or warrant must be accompanied by the appropriate prescribed fee.
S. 19(3) amended by No. 46/1998 s. 7(Sch. 1).
(3) Subject to this Act and the regulations, the Secretary may, in his or her discretion—
(a) refuse to issue a licence, permit or warrant; or
S. 19(3)(b) amended by No. 46/1998 s. 7(Sch.).
(b) issue to a fit and proper person a licence, permit or warrant subject to such terms, conditions, limitations and restrictions as the Secretary may determine.
S. 19(3A) inserted by No. 75/2014 s. 5(1).
(3A) Without limiting subsection (3), a licence, permit or warrant may be subject to a condition requiring the holder to—
(a) comply with any document, code, standard, guideline, rule, method or specification formulated, issued, prepared, prescribed or published by any person or body; or
(b) hold any other licence, permit or warrant issued under any law of Victoria or under any law of the Commonwealth.
S. 19(4) amended by Nos 74/2004 s. 12, 75/2014 s. 5(2), 41/2024 s. 6(1).
(4) A licence, permit or warrant (other than a mobile bait facility licence or a drug ‑ checking permit) relates only to the premises described in it, and no such licence, permit or warrant relating to premises in more than one locality can be issued.
S. 19(4A) inserted by No. 41/2024 s. 6(2).
(4A) A drug ‑ checking permit may be issued in respect of—
(a) the premises described in the permit; or
(b) a mobile drug ‑ checking facility identified in the permit.
S. 19(4B) inserted by No. 41/2024 s. 6(2).
(4B) A drug ‑ checking permit—
(a) is personal to the holder of the permit and is not transferrable to any other person; and
(b) is subject to—
(i) the conditions imposed under subsection (3) or (3A) (including the condition the Secretary is required to impose by section 20AAB(2)); and
(ii) the conditions set out in section 20AAB(1).
S. 19(4C) inserted by No. 41/2024 s. 6(2).
(4C) A fixed site drug ‑ checking permit must not be issued in relation to multiple premises.
S. 19(5) amended by Nos 46/1998 s. 7(Sch. 1), 75/2014 s. 5(3), 41/2024 s. 6(3).
(5) A licence, permit (other than a drug ‑ checking permit) or warrant cannot be issued unless the Secretary is satisfied that the applicant's premises or mobile facility (as the case requires) are suitable, sanitary and adequately equipped for the manufacture, sale, supply or use of the poisons or controlled substances to which the licence, permit or warrant relates.
S. 19(5A) inserted by No. 41/2024 s. 6(4).
(5A) A drug ‑ checking permit cannot be issued unless the Secretary is satisfied that—
(a) the applicant's premises or mobile facility (as the case requires); and
(b) the other things that the applicant proposes to use in the provision of drug ‑ checking services and the carrying out of other activities under the permit—
are suitable, sanitary and adequately equipped for that use.
S. 19(6) inserted by No. 75/2014 s. 5(4), amended by No. 41/2024 s. 12(2).
(6) The Secretary may issue a licence to a person in respect of a mobile bait facility.
S. 19(7) inserted by No. 75/2014 s. 5(4), amended by No. 41/2024 s. 12(3).
(7) A mobile bait facility licence—
S. 19(7)(a) amended by No. 41/2024 s. 12(3).
(a) relates to the mobile bait facility during the period the mobile bait facility is located at a mobile bait facility location; and
(b) is personal to the licence holder and is not transferable to another person; and
(c) in addition to any conditions imposed under subsection (3) or (3A), is subject to the following conditions—
S. 19(7)(c)(i) amended by No. 41/2024 s. 12(3).
(i) that the licence holder ensures each mobile bait facility is parked at a permanent fixed address specified in the licence during any period that the mobile bait facility is not travelling to or from, or located at, a mobile bait facility location; and
S. 19(7)(c)(ii) amended by No. 41/2024 s. 12(3).
(ii) that the mobile bait facility is registered under the Road Safety Act 1986 and identified by a number plate bearing a registration number; and
(d) may be issued in respect of one or more mobile facilities if those mobile facilities are usually parked at the permanent fixed address specified in the licence.
New s. 20 inserted by No. 12/1994 s. 9.