Victorian Current Acts

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PUBLIC HEALTH AND WELLBEING ACT 2008 - SECT 105

Powers of Secretary

    (1)     The Secretary, after giving the relevant person an opportunity to be heard, may—

        (a)     refuse to issue;

        (b)     issue subject to any conditions;

        (c)     vary;

        (d)     cancel;

        (e)     suspend;

        (f)     refuse to renew;

        (g)     renew subject to conditions—

a pest control licence on any of the grounds specified in subsection (2).

    (2)     The grounds are—

        (a)     the applicant or licence holder is not a suitable person to hold a pest control licence;

        (b)     the applicant or licence holder does not meet or comply with any requirement of this Act or the regulations that is applicable;

        (c)     the licence holder has failed to comply with any conditions to which the pest control licence is subject;

        (d)     there is a risk to the health of persons if the issue or renewal of a pest control licence is not refused, or the pest control licence is not cancelled or suspended, or the issue or renewal of the pest control licence is not subject to conditions;

        (e)     any other ground which is prescribed for the purposes of this section.

    (3)     The Secretary may on the application of a licence holder under section 104 , vary or delete any condition, or other matter, relating to a pest control licence if the Secretary is satisfied that the variation or deletion would not make the pest control licence inconsistent with any requirement under this Act or the regulations.

    (4)     The Secretary must advise the applicant or holder of the pest control licence in writing of—

        (a)     any decision under this section; and

        (b)     the ground for that decision.

    (5)     If the Secretary decides to vary or delete a condition to which a pest control licence is subject, being a condition of the kind referred to in section 103(1)(b) or 103(2)(a), the Secretary

        (a)     may require the holder of the licence to give his or her pest control licence to the Secretary; and

        (b)     must issue a revised pest control licence to the holder.

    (6)     A holder of the licence must comply with a requirement of the Secretary under subsection (5)(a).

Penalty:     10 penalty units.



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