Poisons and Therapeutic Goods Regulation 2002
Repealed version for 1 July 2008 to 31 August 2008 (accessed 23 May 2013 at 04:43)
Part 8Division 1

Division 1 Licences to supply Schedule 2 substances

151   Applications for licences

(cf cl 137 of P&TG Reg 1994)

(1)  Any person who conducts, or proposes to conduct, a retail shop may apply for a licence to supply Schedule 2 substances from the shop.
(2)  The application:
(a)  must be in the form approved by the Director-General, and
(b)  must be accompanied by an application fee of $65, and
(c)  must be lodged with the Director-General.
(3)  The Director-General may require an applicant to furnish such further information as is necessary to enable the Director-General to determine the application.

152   Consideration of applications

(cf cl 138 of P&TG Reg 1994)

(1)  After considering an application under this Division, the Director-General may issue the licence for which the application is made or may refuse the application.
(2)  In particular, the Director-General may refuse an application if of the opinion that the applicant is not a fit and proper person to hold the licence for which the application is made.
(3)  A licence may not be issued or renewed unless:
(a)  in the case of premises the subject of an existing licence issued before 7 April 1989 that is in force, the Director-General is satisfied that the premises to which the application relates are at least 6.5 kilometres (measured along the shortest practicable route) from the premises of the nearest retail pharmacist, or
(b)  in any other case, the Director-General is satisfied that the premises to which the application relates are at least 20 kilometres (measured along the shortest practicable route) from the premises of the nearest retail pharmacist.
(4)  The application fee is to be refunded if the application is refused.

153   Licences

(cf cl 139 of P&TG Reg 1994)

(1)  A licence is to be in the form for the time being approved by the Director-General.
(2)  A licence remains in force until suspended, cancelled or surrendered.
(3)  A licence is not transferable.

154   Conditions of licences

(cf cl 140 of P&TG Reg 1994)

(1)  A licence is subject to such conditions as the Director-General may endorse on the licence and to such further conditions as the Director-General may from time to time impose by order in writing served on the holder of the licence.
(2)  The Director-General may from time to time vary or revoke any condition of a licence by means of a further order in writing served on the holder of the licence.
(3)  A licence is ineffective unless its conditions are complied with.

155   Annual licence fees

(cf cl 141 of P&TG Reg 1994)

The holder of a licence under this Division must, on or before 31 March in each year following that in which the licence was issued, pay to the Director-General an annual licence fee of $65.
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