Victorian Current Acts

DRUGS, POISONS AND CONTROLLED SUBSTANCES ACT 1981 - SECT 69AC

    (1)     If the Chief Commissioner of Police opposes the issuing or renewal of an authority, or requests the suspension or cancellation of an authority, wholly or partly based on protected information, the Chief Commissioner of Police may decide—

        (a)     to include the protected information in the reasons given to the Secretary under sections 63(3)(c)(ii), 67(2A)(c)(ii) or 69A(4)(b) and specify which information is protected information; or

        (b)     not to include the protected information in the reasons given to the Secretary under sections 63(3)(c)(ii), 67(2A)(c)(ii) or 69A(4)(b) and specify that—

              (i)     some or all of the Chief Commissioner of Police's decision is based on protected information; and

              (ii)     to the extent that the decision is based on protected information, reasons will not be given to the Secretary.

    (2)     In giving reasons under sections 65(3)(b), 67(4)(b)(ii) or 69A(6)(b)(ii), the Secretary must—

        (a)     not disclose any protected information; and

        (b)     if the Secretary's decision is partially or wholly based on protected information, specify that some or all of the Secretary's decision is based on advice from the Chief Commissioner of Police.".

    (3)     Section 8 of the Administrative Law Act 1978 does not apply to a decision to which this section applies.

S. 69B inserted by No. 54/1997 s. 5 (as amended by No. 52/1998 s. 311 (Sch. 1 item 22)).