Victorian Current Acts

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

    (1)     A person may apply to the Secretary for a poppy processing licence which authorises a person for commercial purposes relating to therapeutic use—

        (a)     to receive poppy straw from a licensed grower or from a licensed processor or a person authorised to possess and supply alkaloid poppies in another jurisdiction; and

        (b)     to process and possess poppy straw at premises specified in the licence; and

        (c)     to transport, sell or supply poppy straw to a person who possesses a Commonwealth licence to manufacture; and

        (d)     to transport, sell or supply poppy straw if the applicant possesses a Commonwealth licence to export; and

        (e)     to transport, sell or supply poppy straw to a person who possesses a Commonwealth licence to export.

    (2)     A person may apply to the Secretary for a poppy processing licence which authorises a person for research purposes relating to non-therapeutic use—

        (a)     to receive or process poppy straw at premises specified in the licence; and

        (b)     to possess, transport, sell or supply poppy straw to a licensed processor.

    (3)     An application under subsection (1) or (2) must—

        (a)     be in writing; and

        (b)     be accompanied by a copy of the proposed risk management plan; and

        (c)     be accompanied by the relevant prescribed application fee (if any); and

        (d)     be accompanied by any other prescribed particulars; and

        (e)     in the case of an application under subsection (1), be accompanied by a copy of a Commonwealth licence to manufacture or a Commonwealth licence to export, as the case requires.

    (4)     An application under subsection (1) or (2) must contain or be accompanied by evidence to the satisfaction of the Secretary that the applicant—

        (a)     is a fit and proper person to be issued a licence; and

        (b)     in the case of an application under subsection (1), intends to undertake a bona fide commercial activity relating to the therapeutic use of poppy straw including evidence of the commercial activity to be carried out; and

        (c)     in the case of an application under subsection (2), intends to undertake a research activity relating to the non-therapeutic use of poppy straw under the licence including evidence that the research activity would be conducted by a person with appropriate scientific training using appropriate methodology.

    (5)     An application under subsection (1) or (2) must contain any other information about the applicant or the application which the Secretary reasonably requires to assist in assessing the application.

S. 69PA inserted by No. 13/2014 s. 4.