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NARCOTIC DRUGS ACT 1967 - SECT 13

Variation of manufacture licences and manufacture permits

  (1)   The Secretary may vary a manufacture licence, or a manufacture permit that relates to a manufacture licence, by notice in writing given to the licence holder:

  (a)   at any time, on the Secretary's own initiative; or

  (b)   on application by the licence holder.

Note:   For requirements for a notice of a decision under paragraph   (1)(a) to vary a manufacture licence or manufacture permit, see section   15F.

  (2)   The Secretary may vary a manufacture licence or a manufacture permit if the Secretary considers it appropriate in all the circumstances to do so.

  (3)   Despite subsection   (2), the Secretary must not vary a manufacture licence or a manufacture permit if:

  (a)   the Secretary is satisfied on reasonable grounds that the variation of the licence or permit would not be consistent with Australia's obligations under the Convention; or

  (b)   the Secretary is satisfied on reasonable grounds that one or more circumstances exist that are prescribed by the regulations as circumstances in which a licence or permit must not be varied; or

  (c)   if an application was made for the variation:

  (i)   the application fee (if any) has not been paid; or

  (ii)   the applicant has not complied with a requirement under subsection   14J(1) (additional information) in relation to the application.

  (4)   Without limiting subsection   (1), the Secretary may:

  (a)   vary a manufacture licence to impose licence conditions or additional licence conditions; or

  (b)   vary a manufacture licence to remove or vary licence conditions that were imposed by the Secretary under section   11L or this section; or

  (c)   vary a manufacture licence to extend, modify or reduce the activities authorised by the licence; or

  (d)   vary the persons authorised by the licence to engage in activities authorised by the licence.

  (5)   If the Secretary decides to vary a manufacture licence or a manufacture permit to which the licence relates, the Secretary must give the licence or permit as varied to the licence holder.

  (6)   A variation of a manufacture licence or a manufacture permit takes effect on the day specified in the notice under subsection   (1).



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