Victorian Current Acts

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DRUGS, POISONS AND CONTROLLED SUBSTANCES ACT 1981 - SECT 64

Matters to be considered in determining applications

    (1)     In order to prevent criminal activity in the cultivation and processing of low-THC cannabis, the Secretary must not issue an authority to an applicant unless the Secretary is satisfied that—

        (a)     the applicant or any associate of the applicant has within the 10 years preceding the application not been found guilty of a serious offence; and

        (b)     the applicant and each associate of the applicant is a suitable person to be concerned in or associated with the cultivation, processing, sale or supply of low-THC cannabis; and

S. 64(1)(c) amended by No. 22/2022 s. 59.

        (c)     the applicant's property or premises will be suitable for the cultivation, processing, sale or supply of low-THC cannabis in relation to location, facilities, proposed security arrangements and any other prescribed requirements.

    (2)     In particular, the Secretary may consider whether—

        (a)     the applicant and each associate of the applicant is of good repute, having regard to character, honesty and integrity;

        (b)     in the case of an applicant that is not a natural person, the applicant has a satisfactory ownership, trust or corporate structure;

        (c)     the applicant is of sound and stable financial background;

        (d)     the applicant has any business association with any person or body who or which, in the opinion of the Secretary, is not of good repute, having regard to character, honesty and integrity;

        (e)     each director, partner, trustee, executive officer and secretary and any other person determined by the Secretary to be associated or connected with the ownership, administration or management of the operations or business of the applicant is a suitable person to act in that capacity.

New  s. 65 inserted by No. 54/1997 s. 5.



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