Victorian Current Acts

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

Chief Commissioner of Police may request Secretary reconsider decision without protected information

    (1)     At any time before a final determination has been made by VCAT in a proceeding under section 69BC or 69BD that involves protected information, the Chief Commissioner of Police may request the Secretary to reconsider the decision to refuse to issue or refuse to renew, or to suspend or cancel, the authority without relying on any report or decision of the Chief Commissioner of Police that was based on protected information.

    (2)     If the Chief Commissioner of Police makes a request under subsection (1)—

        (a)     the Chief Commissioner of Police must advise VCAT that the request has been made; and

        (b)     VCAT

              (i)     must remit the matter for re‑consideration by the Secretary in accordance with the request; and

              (ii)     may make any orders that VCAT thinks fit; and

        (c)     the Secretary must reconsider the decision as if sections 63A, 67(2B) and 69A(5) do not apply.

    (3)     If the authority is issued or renewed or reinstated (as the case requires) the proceeding terminates immediately.

S. 69BF inserted by No. 22/2022 s. 66.



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