Victorian Numbered Acts

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ACCESS TO MEDICINAL CANNABIS ACT 2016 (NO. 20 OF 2016) - SECT 51

Health Secretary to determine application for practitioner medicinal cannabis authorisation

    (1)     The Health Secretary must determine an application for a practitioner medicinal cannabis authorisation made under section 48, 49 or 50 within the prescribed time period of receiving it.

    (2)     The Health Secretary—

        (a)     may grant the application and issue a practitioner medicinal cannabis authorisation if the Secretary is satisfied that—

              (i)     it is appropriate in all the circumstances to issue the authorisation, having regard to the type of authorisation for which the application was made; and

              (ii)     the patient or each participant in respect of whom the application was made ordinarily resides in Victoria; and

              (iii)     the prescribed criteria (if any) are met; or

        (b)     must refuse the application if not so satisfied.

    (3)     In issuing a practitioner medicinal cannabis authorisation, the Health Secretary may determine the registered medical practitioners (other than the applicant) who are to be authorised under the practitioner medicinal cannabis authorisation to issue a patient medicinal cannabis access authorisation to the patient or each participant specified in the practitioner medicinal cannabis authorisation.

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

    (5)     If the Health Secretary refuses the application, the Secretary must provide reasons for the refusal when notifying the applicant in accordance with subsection (4).



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