Victorian Current Acts Victorian Current Acts(1) For the purposes of a hearing to which section 69UD or 69UE applies, VCAT must be constituted by a presidential member.
S. 69UF(2) substituted by No. 22/2022 s. 86(1).
(2) At any time before a final determination has been made by VCAT in a proceeding under section 69UD or 69UE that involves protected information, the Chief Commissioner of Police may request the Secretary to re-consider the decision to refuse to issue or refuse to renew, or to suspend or cancel, the poppy cultivation licence or the poppy processing licence without relying on any report or decision of the Chief Commissioner of Police that was based on protected information.
S. 69UF(2A) inserted by No. 22/2022 s. 86(1).
(2A) If the Chief Commissioner of Police makes a request under subsection (2)—
(a) the Chief Commissioner of Police must advise VCAT that a 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 section 69OA(4), 69OH(4), 69PA(4), 69PH(4) or 69QA(1C) does not apply.
S. 69UF(2B) inserted by No. 22/2022 s. 86(1).
(2B) If the poppy cultivation licence or the poppy processing licence is issued or renewed or reinstated (as the case requires), the proceeding terminates immediately.
(3) The following provisions do not apply to a proceeding for as long as section 69UD or 69UE applies—
S. 69UF(3)(a) amended by No. 22/2022 s. 86(2).
(a) Subdivision 1 of Division 3 of Part 3 and section 49 of the Victorian Civil and Administrative Tribunal Act 1998 ;
(b) section 8 of the Administrative Law Act 1978 .
(4) Subsection (3) does not apply to any extent that the proceedings do not involve protected information.
Division 9—Regulations
S. 69V inserted by No. 13/2014 s. 4.