Victorian Numbered Acts

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ACCESS TO MEDICINAL CANNABIS ACT 2016 (NO. 20 OF 2016) - SECT 35

Health Secretary to determine application for renewal of manufacturing licence

    (1)     The Health Secretary must determine an application for renewal of a manufacturing licence before the day that is 60 days after—

        (a)     the day that the Secretary receives the application; or

        (b)     if the Secretary makes a requirement under section 33, the last day that the Secretary makes a requirement under that section.

    (2)     The Health Secretary, in accordance with section 36, may—

        (a)     grant the application and renew the manufacturing licence; or

        (b)     refuse the application.

    (3)     As soon as practicable after granting or refusing the application for renewal, the Health Secretary must notify the applicant of the Secretary's decision.

    (4)     If the Health Secretary refuses the application for renewal, the Secretary must include in the written notice under subsection (3)—

        (a)     if the refusal is because the Chief Commissioner of Police decided, wholly or partly on the basis of protected information, to oppose the application under section 34(3)(b), a statement that—

              (i)     the Chief Commissioner has created a written record of the reasons for the decision that relate to the protected information; and

              (ii)     the reasons are not able to be disclosed to the applicant; and

              (iii)     the applicant is entitled to seek review of the Secretary's decision by VCAT; and

        (b)     in any other case—

              (i)     the reasons for the refusal of the application; and

              (ii)     a statement that the applicant is entitled to seek review of the Secretary's decision by VCAT.



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