Victorian Numbered Acts

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ACCESS TO MEDICINAL CANNABIS ACT 2016 (NO. 20 OF 2016) - SECT 64

Procedure for hearing—protected information

    (1)     If, in response to a request under section 62(2) , the Health Secretary informs VCAT in writing that the decision was based on protected information, VCAT must, at the hearing of the application, first determine whether or not the information is protected information.

    (2)     For the purposes of making a determination under subsection (1), VCAT may hold a hearing or any part of it in private.

    (3)     If VCAT determines to hold a hearing or part of a hearing in private under subsection (2)—

        (a)     only the Chief Commissioner of Police and the special counsel are entitled to be present; and

        (b)     each party that is entitled to be present has a right to make submissions as to—

              (i)     whether evidence supporting the grounds for the decision under review amounts to protected information; and

              (ii)     the weight that should be given to that evidence; and

              (iii)     the character of the applicant and the applicant's associates, being evidence indicating whether each of those persons is a fit and proper person to be concerned in or associated with activities conducted under a manufacturing licence; and

              (iv)     whether, in all the circumstances, the manufacturing licence should be issued, renewed, suspended or cancelled (as the case requires).

    (4)     After hearing the evidence of the Chief Commissioner of Police and the special counsel under subsection (3), VCAT must decide whether or not any of the evidence adduced amounts to protected information.

    (5)     If VCAT decides that none of the evidence adduced under subsection (3) amounts to protected information, VCAT must admit the applicant to the proceeding and subsection (3) ceases to apply to the hearing.



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