Commonwealth: Narcotic Drugs Act 1967 (Cth)

Narcotic Drugs Act 1967 No. 53, 1967 Compilation No. 16 Compilation date: 14 October 2024 Includes amendments: Act No. 39, 2024 About this compilation This compilation This is a compilation of the Narcotic Drugs Act 1967 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents Chapter 1—Preliminary Part 1—General provisions 1 Short title 2 Commencement 2A Object of this Act 3 Simplified outline of this Act 4 Interpretation 5 Crown to be bound 6 Extension to external Territories 7 Inconsistency with State and Territory laws 7A Interaction with State and Territory laws 8 Provisional application of Act to substances Part 2—Fit and proper person requirements 8A Matters to be taken into account in deciding whether a natural person is a fit and proper person 8B Matters to be taken into account in deciding whether a body corporate is a fit and proper person 8C Act does not affect spent conviction provisions Chapter 2—Medicinal cannabis licences and permits Part 1—Introduction 8D Simplified outline of this Chapter 8DA Purpose of this Chapter Part 2—Licences and permits Division 1—Medicinal cannabis licences and permits 8E Person may apply for a medicinal cannabis licence 8F Secretary must make a decision on an application for a medicinal cannabis licence 8G General circumstances in which Secretary must refuse to grant a medicinal cannabis licence 8H Exception in special circumstances 8J Particular circumstances in which Secretary must refuse to grant a medicinal cannabis licence that authorises the manufacture of a cannabis drug 8K Secretary may impose conditions 8L Notification of decision 8M Matters to be specified in a medicinal cannabis licence 8N Period for which a medicinal cannabis licence is in force 8P Holder of a medicinal cannabis licence may apply for a medicinal cannabis permit 9 Secretary must make a decision on an application for a medicinal cannabis permit 9A Notification of decision 9B Matters to be specified in a medicinal cannabis permit 9C Period for which a medicinal cannabis permit is in force Division 3—Conditions of medicinal cannabis licences 10C Medicinal cannabis licence is subject to conditions 10D Conditions that may be prescribed or imposed 10E Condition that medicinal cannabis licence holder inform people of obligations 10F Condition that medicinal cannabis licence holder employ or engage suitable staff 10G Condition that activities authorised by medicinal cannabis licence are undertaken in accordance with medicinal cannabis permit 10H Condition about monitoring and inspection 10J Condition that medicinal cannabis licence holder be a party to certain contracts 10JA Condition for medicinal cannabis licence authorising the manufacture of cannabis drugs 10K Condition that licence holder notify the Secretary of certain matters 10L Sections 10E to 10K do not limit conditions that may be imposed or prescribed Division 4—Variation and revocation of medicinal cannabis licences and medicinal cannabis permits 10M Variation of medicinal cannabis licences and medicinal cannabis permits 10N Applications for variation of medicinal cannabis licences and medicinal cannabis permits 10P Revocation of medicinal cannabis licence and medicinal cannabis permit 11 Secretary to notify of proposed revocation 11A Suspension or surrender of medicinal cannabis licences and medicinal cannabis permits Part 3—Offences and civil penalties relating to cannabis plants and cannabis drugs 11B Unauthorised cultivation of cannabis plants etc. 11C Breach of condition of a medicinal cannabis licence—cultivation 11D Unauthorised production of cannabis or cannabis resin 11E Breach of condition of a medicinal cannabis licence—production 11EA Unauthorised manufacture of cannabis drugs 11EB Breach of condition of a medicinal cannabis licence—manufacture Chapter 3—Licensing the manufacturing of narcotic drugs Part 1—Introduction 11F Simplified outline of this Chapter Part 2—Licences and permits Division 1—Manufacture licences and permits 11G Person may apply for a manufacture licence 11H Secretary must make a decision on an application for a manufacture licence 11J General circumstances in which Secretary must refuse to grant a manufacture licence 11L Secretary may impose conditions 11M Notification of decision 11N Matters to be specified in a manufacture licence 11P Period for which a manufacture licence is in force 12 Holder of a manufacture licence may apply for a manufacture permit 12A Secretary must make a decision on an application for a manufacture permit 12B Notification of decision 12C Matters to be specified in a manufacture permit 12D Period for which a manufacture permit is in force Division 2—Conditions of manufacture licences 12E Manufacture licence is subject to conditions 12F Conditions that may be prescribed or imposed 12G Condition that manufacture licence holder inform people of obligations 12H Condition that manufacture licence holder employ or engage suitable staff 12J Condition that manufacture of narcotic drugs is in accordance with a manufacture permit 12K Condition about monitoring and inspection 12N Condition that licence holder notify the Secretary of certain matters 12P Sections 12G to 12N do not limit conditions that may be imposed or prescribed Division 3—Variation and revocation of manufacture licences and manufacture permits 13 Variation of manufacture licences and manufacture permits 13A Applications for variation of manufacture licences and permits 13B Revocation of manufacture licence and manufacture permit 13C Secretary to notify of proposed revocation 13D Suspension or surrender of manufacture licences and manufacture permits Part 3—Offences and civil penalties relating to manufacture of narcotic drugs 13E Unauthorised manufacture of narcotic drugs 13F Breach of condition of a manufacture licence Chapter 4—Monitoring and enforcement Part 1—Introduction 13G Simplified outline of this Chapter Part 2—Appointment of authorised inspectors 13H Appointment of authorised inspectors Part 3—Monitoring, inspection, investigation etc. under the Regulatory Powers Act 13J Powers of issuing officers 13K Monitoring powers under Part 2 of the Regulatory Powers Act 13L Modifications of Part 2 of the Regulatory Powers Act 13M Investigation powers under Part 3 of the Regulatory Powers Act 13N Civil penalties under Part 4 of the Regulatory Powers Act 13P Provisions subject to an infringement notice 14 Enforceable undertakings 14A Injunctions 14B Extension to external Territories Part 4—Monitoring and searching licensed premises 14C Monitoring licensed premises 14D Announcement before entry 14E Occupier is entitled to observe exercise of powers 14F Occupier to provide officers etc. with facilities and assistance 14G Obstruction or hindrance of authorised inspectors Chapter 5—General Part 1—Introduction 14H Simplified outline of this Chapter Part 2—Obtaining and disclosing information and documents Division 1—Obtaining information and documents for purposes relating to licences 14J Secretary may require further information or documents 14K Secretary may request information or documents from any source 14L Secretary may require information or documents from other sources 14LA Identification of sensitive law enforcement information 14M Failure to give information or documents within specified period Division 2—Disclosure of certain information 14MA Secrecy—unauthorised disclosures of sensitive law enforcement information 14N Authorised disclosures of information Part 3—Directions powers 14P Directions with respect to security of premises and handling of things 15 Directions with respect to destruction, etc. 15A Directions with respect to manufacturing and labelling of drugs 15B General matters about directions 15C Failure to comply with a direction 15D Supply of a drug or narcotic preparation not labelled in accordance with a direction Part 4—Review of decisions 15E Reviewable decisions 15F Notice of reviewable decisions 15G Internal review of reviewable decisions—application for review 15H Internal review of reviewable decisions—review of decision 15J Internal review of reviewable decisions—notice of decision 15K Minister or internal reviewer may require further information 15L Review of decisions under this Division by Administrative Review Tribunal 15M Application by Secretary to Administrative Review Tribunal 15N Failure to include information identified as sensitive law enforcement information in certain statements Part 5—Other matters 21 Forfeiture 21A Operation of natural justice hearing rule 22 Drugs passing through Australia 23 Requirement to keep records and furnish reports 24 Inspection of certain premises 24A Physical elements of offences 24B Privilege against self‑incrimination 24C Licences not transferable 25 Delegation 25B Secretary to notify States and Territories of certain matters 26 Service of notices 26B Minister may issue standards 26C Minister may issue guidelines 27 Regulations 28 General provisions relating to regulations Schedule 1—Single Convention on Narcotic Drugs, 1961, as amended by the 1972 Protocol Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act to make provision in relation to narcotic drugs in accordance with the Single Convention on Narcotic Drugs, 1961, as in force from time to time, and for other purposes Chapter 1—Preliminary Part 1—General provisions 1 Short title This Act may be cited as the Narcotic Drugs Act 1967. 2 Commencement This Act shall come into operation on a date to be fixed by Proclamation, which shall not be a date earlier than the date on which the Convention comes into force in respect of the Commonwealth. 2A Object of this Act The object of this Act is to give effect to certain of Australia's obligations under the Single Convention on Narcotic Drugs, 1961, as in force from time to time. 3 Simplified outline of this Act This Act gives effect to certain of Australia's obligations under the Single Convention on Narcotic Drugs, 1961, as in force from time to time. The Convention, as amended by the 1972 Protocol, is set out in Schedule 1 to this Act. A licensing and permit scheme regulates the cultivation of cannabis plants, the production of cannabis and cannabis resin, the manufacture of cannabis drugs, and activities relating to such cultivation, production and manufacture. Cultivation and production under the scheme may be undertaken for medicinal or scientific purposes whereas the manufacture of cannabis drugs may be undertaken for a permitted supply. A separate licensing and permit scheme regulates the manufacture of narcotic drugs covered by the Convention. Authorised inspectors have monitoring, inspection and enforcement powers under the Regulatory Powers Act to ensure this Act is being complied with. The Secretary has comprehensive powers to give directions to licence holders and former licence holders. 4 Interpretation (1) In this Act: 1972 Protocol means the Protocol Amending the Single Convention on Narcotic Drugs, 1961, done at Geneva on 25 March, 1972. agency of the Commonwealth, a State or a Territory includes the following: (a) the Crown in right of the Commonwealth, a State or a Territory; (b) a Minister of the Commonwealth, a State or a Territory; (c) a Commonwealth, State or Territory government department; (d) an instrumentality of the Commonwealth, a State or a Territory, including a body corporate established for a public purpose by or under a law of the Commonwealth, a State or a Territory; (e) a company in which a controlling interest is held by any one of the following persons, or by 2 or more of the following persons together: (i) the Crown in right of the Commonwealth, a State or a Territory; (ii) a person or body covered by paragraph (b) or (d); (f) a court, tribunal or parole board of the Commonwealth, a State or a Territory. authorised inspector means a person appointed as an authorised inspector under section 13H. business associate: 2 or more persons are business associates, in relation to a business, if each person: (a) both: (i) holds a relevant financial interest, or is entitled to exercise a relevant power (whether in his or her own right or on someone else's behalf), in the business; and (ii) because of that interest or power, is able to exercise a significant influence over, or with respect to, the management or operation of the business; or (b) holds any relevant position (whether in his or her own right or on someone else's behalf) in the business. cannabis has the same meaning as in the Convention. cannabis drug means: (a) cannabis; or (b) cannabis resin; or (c) extracts of cannabis; or (d) tinctures of cannabis; or (e) another drug that includes, or is from, any part of the cannabis plant. cannabis plant has the same meaning as in the Convention. cannabis resin has the same meaning as in the Convention. charge means charge imposed by the Narcotic Drugs (Licence Charges) Act 2016. civil penalty provision has the same meaning as in the Regulatory Powers Act. coca leaves has the same meaning as in the Convention. Collector has the same meaning as in the Customs Act 1901. Comptroller‑General of Customs means the person who is the Comptroller‑General of Customs in accordance with subsection 11(3) or 14(2) of the Australian Border Force Act 2015. Convention means the Single Convention on Narcotic Drugs, 1961, done at New York on 30 March 1961, as amended by the Protocol and as in force from time to time. Note: A copy of the English text of the Convention, as amended and in force at the commencement of section 1 of the Narcotic Drugs Amendment Act 2016, is set out in Schedule 1. cultivate a cannabis plant includes the following: (a) sow a seed of a cannabis plant; (b) plant, grow, tend, nurture or harvest a cannabis plant; (c) graft, divide or transplant a cannabis plant; but does not include the separation of cannabis or cannabis resin from a cannabis plant. decision on review: see subsection 15H(5). drug means any substance that is a drug for the purposes of the Convention, and includes the following: (a) any substance prescribed by the regulations for the purposes of this paragraph; (b) any substance prescribed by the regulations under section 8 of this Act. fit and proper person: see sections 8A and 8B. guidelines means guidelines issued by the Minister under section 26C. handling includes stacking, stowing, storing, transporting, loading, unloading and any operation incidental to, or arising out of, any of those operations. head of an agency means: (a) if the agency is a court—the registrar (however described) of the court; or (b) otherwise—the principal officer (however described) of the agency. internal reviewer: see subsection 15H(1). issuing officer means: (a) a Judge of a court created by the Parliament; or (b) a Deputy President of the Administrative Review Tribunal; or (c) a senior member or general member of the Administrative Review Tribunal who: (i) is enrolled as a legal practitioner of the High Court, or the Supreme Court of a State or Territory; and (ii) has been so enrolled for at least 5 years. law enforcement agency means the following: (a) a body, agency or organisation that is responsible for, or deals with, law enforcement, criminal intelligence, criminal investigation, fraud or security intelligence in, or in a part of, Australia; (b) a body, agency or organisation prescribed by the regulations. licence means: (a) a manufacture licence; or (b) a medicinal cannabis licence. licensed premises means premises at which activities authorised under a licence take place. manufacture licence: see subsection 11G(1). manufacture permit: see subsection 12(1). medicinal cannabis licence: see subsection 8E(1). medicinal cannabis permit: see subsection 8P(1). narcotic drug means a drug other than a cannabis drug. narcotic preparation means any mixture, whether solid or liquid, that contains a drug. offence against this Act includes an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act. opium has the same meaning as in the Convention. permit means: (a) a manufacture permit; or (b) a medicinal cannabis permit. permitted supply means: (a) the supply of a cannabis drug for use in a clinical trial that is, or is likely to be, approved under the Therapeutic Goods Act 1989 or notified to the Secretary under that Act; or (b) the supply of a cannabis drug in accordance with an approval or authority under that Act; or (c) the supply of a cannabis drug for use in medical or scientific research where that research: (i) is not a clinical trial of a kind referred to in paragraph (a); and (ii) does not involve the drug being administered to humans; or (d) the supply of a cannabis drug for use as a reference standard for medical or scientific testing purposes; or (e) the supply of a cannabis drug in circumstances prescribed by the regulations. premises includes the following: (a) a structure or building; (b) a vehicle, vessel or aircraft; (c) an area of land or any other place (whether or not enclosed or built on), including a place situated underground or under water; (d) a part of a thing referred to in paragraph (a), (b) or (c). production has the same meaning as in the Convention. Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014. relative of a person includes a spouse, parent, step‑parent, child, step‑child, adopted child, sibling or step‑sibling of the person. relevant court means: (a) the Federal Court of Australia; or (b) the Federal Circuit and Family Court of Australia (Division 2); or (c) a court of a State or Territory that has jurisdiction in relation to matters arising under this Act. relevant financial interest, in relation to a business, means: (a) a share in the capital of the business; or (b) an entitlement to receive any income derived from the business. relevant position, in relation to a business, means a position (however described) of director, partner, trustee, manager or other executive position, or secretary. relevant power, in relation to a business, means any power, whether exercisable by voting or otherwise and whether exercisable alone or in association with others: (a) to participate in any directorial, managerial or executive decision of the business; or (b) to elect or appoint any person to any relevant position in relation to the business. reviewable decision: see section 15E. Secretary means the Secretary of the Department administered by the Minister administering the National Health Act 1953. sensitive law enforcement information means information the disclosure of which is reasonably likely to prejudice Australia's law enforcement interests, including Australia's interests in the following: (a) avoiding disruption to national and international efforts relating to law enforcement, criminal intelligence, criminal investigation, foreign intelligence, security intelligence or the integrity of law enforcement agencies; (b) protecting the technologies and methods used to collect, analyse, secure or otherwise deal with, criminal intelligence, foreign intelligence, security intelligence or intelligence relating to the integrity of law enforcement agencies; (c) the protection and safety of: (i) informants or witnesses, or persons associated with informants or witnesses; or (ii) persons involved in the protection or safety of informants or witnesses; (d) ensuring that intelligence and law enforcement agencies are not discouraged from giving information to a nation's government and government agencies. serious offence means the following: (a) an offence against a law of the Commonwealth, a State, a Territory or another country that: (i) involves dishonesty, fraud or cultivation of, or trafficking in, drugs; and (ii) is punishable by a maximum penalty of imprisonment for not less than 3 months; (b) an offence against a law of the Commonwealth, a State, a Territory or another country that is punishable by a maximum penalty of imprisonment for not less than 5 years. spouse of a person includes: (a) another person (whether of the same sex or a different sex) with whom the person is in a relationship that is registered under a law of a State or Territory prescribed for the purposes of section 2E of the Acts Interpretation Act 1901 as a kind of relationship prescribed for the purposes of that section; and (b) another person who, although not legally married to the person, lives with the person on a genuine domestic basis in a relationship as a couple. standards means standards issued by the Minister under section 26B. supply includes the following, whether free of charge or otherwise: (a) supply by way of sale, exchange, gift, lease, loan, hire or hire‑purchase; (b) supply by way of sample; (c) supply in the course of testing safety or efficacy; (d) supply by way of administration to, or application in the treatment of, a person. this Act includes: (a) instruments made under this Act; (b) the Regulatory Powers Act as it applies because of this Act. (2) For the purposes of this Act, the manufacturing of a drug consists of the carrying out of any process by which the drug may be obtained, and includes the refining of a drug and the transformation of one drug into another drug, but does not include the separation of opium, coca leaves, cannabis or cannabis resin from the plants from which it is or they are obtained. 5 Crown to be bound (1) This Act binds the Crown in each of its capacities. (2) This Act does not make the Crown liable to be prosecuted for an offence. 6 Extension to external Territories This Act extends to every external Territory. 7 Inconsistency with State and Territory laws This Act, regulations under this Act and directions given under this Act do not apply to the exclusion of any law of a State or Territory or any regulation in force under an Act except in so far as that law or that regulation is inconsistent with an express provision of this Act, those regulations or those directions. 7A Interaction with State and Territory laws (1) Despite section 7, Chapter 2 of this Act, and other provisions of this Act so far as they relate to that Chapter, apply to the exclusion of a law, or a provision of a law, of a State or a Territory to the extent that the law or provision purports (whether expressly or impliedly) to do one or more of the following: (a) provide for the grant of a licence (however described) authorising the cultivation of cannabis plants for the purposes of producing cannabis or cannabis resin for medicinal or scientific purposes, or otherwise authorise such cultivation; (b) provide for the grant of a licence (however described) authorising the production of cannabis or cannabis resin for medicinal or scientific purposes, or otherwise authorise such production; (c) prohibit an activity, or prevent a person from engaging in an activity, that: (i) is authorised under that Chapter or another provision of this Act so far as it relates to that Chapter; and (ii) is, or is related to, the cultivation of cannabis plants or the production of cannabis or cannabis resin. (2) Subsection (1) does not apply to a law, or a provision of a law, prescribed by the regulations for the purposes of this subsection. (3) Regulations made for the purposes of subsection (2) may prescribe a law, or a provision of a law, in relation to its operation in prescribed circumstances. 8 Provisional application of Act to substances Where the Commission on Narcotic Drugs of the Economic and Social Council of the United Nations decides, in accordance with paragraph 3 of Article 3 of the Convention, that the Parties to the Convention shall apply provisionally to a substance all measures of control applicable to drugs in Schedule I annexed to the Convention, the regulations may provide that the substance is a drug for the purposes of this Act. Part 2—Fit and proper person requirements 8A Matters to be taken into account in deciding whether a natural person is a fit and proper person Without limiting the matters to which the Secretary may have regard in deciding whether a natural person is a fit and proper person to hold a licence, or to be associated with the holder of a licence, the Secretary may have regard to the following: (a) any conviction of the person for an offence against a law of the Commonwealth, a State or a Territory; (b) any civil penalty (however described) imposed upon the person under a law of the Commonwealth, a State or a Territory; (c) any revocation or suspension of a licence or permit (however described) held by the person under a law of the Commonwealth, a State, a Territory or another country, being a law relating to the prohibition or regulation of drugs; (d) the connections and associations that the person has with other persons (including but not limited to the person's relatives); (e) the person's previous business experience; (f) the capacity of the person to comply with conditions of the licence; (g) whether the person has a sound and stable financial background or is in financial circumstances that may significantly limit the person's capacity to comply with his or her obligations under a licence; (h) whether the person is of good repute, having regard to matters going to their character, honesty and professional and personal integrity; (i) the person's history of compliance with this Act. Note: The Secretary must refuse to grant a licence to a person if the Secretary is not satisfied on reasonable grounds that the person and his or her business associates are fit and proper, and must revoke the licence if satisfied on reasonable grounds that they are not fit and proper. 8B Matters to be taken into account in deciding whether a body corporate is a fit and proper person Without limiting the matters to which the Secretary may have regard in deciding whether a body corporate is a fit and proper person to hold a licence, or to be associated with the holder of a licence, the Secretary may have regard to the following: (a) any conviction of the body corporate for an offence against a law of the Commonwealth, a State or a Territory; (b) any civil penalty (however described) imposed upon the body corporate under a law of the Commonwealth, a State or a Territory; (c) if there is such a conviction or imposition of a civil penalty upon the body corporate: (i) whether the offence concerned was committed, or the conduct to which the civil penalty relates occurred, at a time when any person who is presently a director or officer of the body corporate was a director or officer; and (ii) whether the offence concerned was committed, or the conduct to which the civil penalty relates occurred, at a time when any shareholder of the body corporate who is presently in a position to influence the management of the body corporate was such a shareholder; (d) any revocation or suspension of a licence or permit (however described) held by the body corporate under a law of the Commonwealth, a State, a Territory or another country, being a law relating to the prohibition or regulation of drugs; (e) the connections and associations that the body corporate, and its directors and officers, have with other persons (including but not limited to relatives of such directors and officers); (f) the previous business experience of the directors and officers of the body corporate, and of the shareholders of the body corporate who are presently in a position to influence the management of the body corporate; (g) whether the body corporate has a sound and stable financial background or is in financial circumstances that may significantly limit the capacity of the body corporate to comply with its obligations under a licence; (h) the capacity of the body corporate to meet the conditions of the licence; (i) whether the directors and officers of the body corporate are of good repute, having regard to matters going to their character, honesty and professional and personal integrity; (j) the body corporate's history of compliance with this Act. Note: The Secretary must refuse to grant a licence to a person if the Secretary is not satisfied on reasonable grounds that the person and his or her business associates are fit and proper, and must revoke the licence if satisfied on reasonable grounds that they are not fit and proper. 8C Act does not affect spent conviction provisions Nothing in this Act affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them). Chapter 2—Medicinal cannabis licences and permits Part 1—Introduction 8D Simplified outline of this Chapter This Chapter deals with medicinal cannabis licences and medicinal cannabis permits. A medicinal cannabis licence may authorise one or more of the following activities: (a) the cultivation of cannabis plants for the purpose of producing cannabis or cannabis resin for medicinal or scientific purposes and, if appropriate, the obtaining of cannabis plants for the purpose of such cultivation; (b) the production of cannabis or cannabis resin for medicinal or scientific purposes; (c) the manufacture of a cannabis drug for one or more permitted supplies; (d) activities relating to such obtaining, cultivation, production or manufacture. Before a licence holder can engage in any such activities, the licence holder must obtain a medicinal cannabis permit. Medicinal cannabis permits specify matters relating to the activities that are authorised by the licence. Certain conditions are imposed on all medicinal cannabis licences, and the Secretary may also impose additional conditions. Medicinal cannabis licences and permits can be varied or revoked in certain circumstances. There are offences and civil penalties relating to the cultivation and obtaining of cannabis plants, the production of cannabis and cannabis resin and the manufacture of cannabis drugs. 8DA Purpose of this Chapter A purpose of this Chapter is to enable the following activities to be undertaken in order to ensure that medicinal cannabis products are available to patients in Australia for therapeutic purposes: (a) the cultivation and obtaining of cannabis plants for the purposes of producing cannabis or cannabis resin for medicinal or scientific purposes; (b) the production of cannabis or cannabis resin for medicinal or scientific purposes; (c) the manufacture of a cannabis drug for a permitted supply. Part 2—Licences and permits Division 1—Medicinal cannabis licences and permits 8E Person may apply for a medicinal cannabis licence (1) A person may apply to the Secretary for a licence (a medicinal cannabis licence) that authorises one or more of the following activities: (a) the cultivation of cannabis plants, in accordance with one or more medicinal cannabis permits, for the purpose of producing cannabis or cannabis resin for medicinal or scientific purposes and, if appropriate, the obtaining of cannabis plants for the purpose of such cultivation; (b) the production of cannabis or cannabis resin for medicinal or scientific purposes, in accordance with one or more medicinal cannabis permits; (c) the manufacture of a cannabis drug for one or more permitted supplies, in accordance with one or more medicinal cannabis permits; (d) activities relating to such obtaining, cultivation, production or manufacture, including but not limited to the following (as applicable): (i) the supply of cannabis plants or a cannabis drug; (ii) the packaging, transport, storage, possession and control of cannabis plants or a cannabis drug; (iii) the taking of samples from cannabis plants or a cannabis drug and the testing of such samples; (iv) the disposal or destruction of cannabis plants or a cannabis drug. (2) The application must be made in the form or manner approved in writing by the Secretary, and must: (a) contain the information (if any) prescribed by the regulations; and (b) contain the information (if any) specified in writing by the Secretary; and (c) be accompanied by the documents (if any) prescribed by the regulations; and (d) be accompanied by the documents (if any) specified in writing by the Secretary. Note: The Secretary may also require additional information and documents from the applicant at any time: see subsection 14J(1). (3) The application must be accompanied by the application fee (if any) prescribed by the regulations. (4) The application may be withdrawn at any time before a decision is made on the application, but the application fee is not refundable. 8F Secretary must make a decision on an application for a medicinal cannabis licence (1) If a person has made an application for a medicinal cannabis licence, the Secretary must decide whether to grant, or refuse to grant, the licence. (2) The Secretary may, subject to sections 8G and 8J, grant a medicinal cannabis licence if the Secretary considers it appropriate in all the circumstances to do so. (3) For the purposes of deciding whether to grant, or refuse to grant, a medicinal cannabis licence, the Secretary: (a) must have regard to the following: (i) the information and documents provided by the applicant; (ii) any advice, information or documents received in response to a request or requirement under section 14J, 14K or 14L including, in particular, any advice provided by an agency of a State or Territory in which any activities proposed to be authorised by the licence will take place; (iii) any other matter prescribed by the regulations; and (b) may have regard to any other matter relating to the conduct of activities authorised by the licence or the distribution, use and possession of: (i) cannabis plants cultivated or obtained under the licence; or (ii) cannabis or cannabis resin produced under the licence; or (iii) a cannabis drug manufactured under the licence; and (c) may have regard to any other matter the Secretary considers relevant; and (d) may require the applicant to provide access to premises at which activities proposed to be authorised by the licence will take place, for the purposes of inspecting the premises. Note: The Secretary must have regard to any applicable guidelines (see subsection 26C(2)). 8G General circumstances in which Secretary must refuse to grant a medicinal cannabis licence (1) The Secretary must refuse to grant a medicinal cannabis licence if: (a) the Secretary is not satisfied on reasonable grounds that: (i) the applicant is a fit and proper person to hold the licence; and (ii) each of the applicant's relevant business associates for the application (see subsection (2)), whether in relation to a business relating to the medicinal cannabis licence, or in relation to any other business, is a fit and proper person to be associated with the holder of a medicinal cannabis licence; or (b) subject to section 8H—the Secretary is satisfied on reasonable grounds that: (i) the applicant; or (ii) if the applicant is a body corporate, any of the directors of the body corporate; has engaged in conduct that constitutes a serious offence during the 10 years immediately before the date of the application; or (c) the Secretary is satisfied on reasonable grounds that the grant of the licence would not be consistent with Australia's obligations under the Convention; or (d) the Secretary is not satisfied on reasonable grounds that the applicant will take all reasonable measures to ensure the physical security of cannabis plants or cannabis drugs that: (i) are in the applicant's possession or control; and (ii) are obtained, cultivated, produced or manufactured under, or purportedly under, the licence; or (e) the Secretary is not satisfied on reasonable grounds of the suitability of the location, facilities or proposed security arrangements at the premises where activities authorised by the licence will take place; or (ea) the Secretary is not satisfied on reasonable grounds that applicable standards have been or will be met, as the case requires; or (f) 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 must not be granted; or (g) the application fee (if any), or any other fee that has become payable, has not been paid; or (ga) the Secretary is satisfied on reasonable grounds that the application for the licence contains information, or information has been given by the applicant in relation to the application, that: (i) is false or misleading in a material particular; or (ii) omits any matter or thing without which the application is misleading in a material respect; or (h) the applicant has not complied with a requirement under subsection 14J(1) (additional information) in relation to the application. Relevant business associate (2) A business associate of an applicant is a relevant business associate for the application if the Secretary considers it is reasonable, in the circumstances of the application, to take that business associate into account. 8H Exception in special circumstances Paragraph 8G(1)(b) does not prevent the Secretary from granting a medicinal cannabis licence if the Secretary is satisfied: (a) that the conduct referred to in that paragraph: (i) constitutes a serious offence solely because it involves the cultivation or obtaining of the cannabis plant, or the production or supply of cannabis or cannabis resin or of products containing cannabis or cannabis resin; and (ii) was fully disclosed in the application; and (b) that if the licence were granted, the applicant could comply with all the requirements of the licence and this Act. However, this section does not require the Secretary to grant the licence even if the Secretary is so satisfied. 8J Particular circumstances in which Secretary must refuse to grant a medicinal cannabis licence that authorises the manufacture of a cannabis drug The Secretary must refuse to grant a medicinal cannabis licence that authorises the manufacture of a cannabis drug unless the Secretary is satisfied on reasonable grounds that the drug will be manufactured for a permitted supply. 8K Secretary may impose conditions If the Secretary decides to grant a medicinal cannabis licence, the Secretary may impose conditions to which the licence is subject including, but not limited to, conditions relating to matters set out in section 10D. Note 1: For requirements for a notice of a decision to impose conditions on a medicinal cannabis licence, see section 15F. Note 2: Conditions are also specified in this Act (see sections 10E to 10K), and may also be prescribed by the regulations (see paragraph 10C(b)). 8L Notification of decision If the Secretary decides to grant a medicinal cannabis licence, the Secretary must, as soon as practicable: (a) notify the applicant for the licence, in writing, of the Secretary's decision; and (b) provide a copy of the licence, specifying the matters as mentioned in section 8M, to the applicant. Note: For requirements for a notice of a decision to refuse to grant a medicinal cannabis licence, see section 15F. 8M Matters to be specified in a medicinal cannabis licence A medicinal cannabis licence must specify the following: (a) the name of the licence holder; (b) the activities authorised by the licence, and the extent to which those activities are authorised only in accordance with one or more medicinal cannabis permits held by the licence holder; (c) for each of the following activities that are authorised by the licence, the premises at which the activity is authorised by the licence in accordance with one or more medicinal cannabis permits: (i) the obtaining and cultivation of cannabis plants; (ii) the production of cannabis or cannabis resin; (iii) the manufacture of a cannabis drug; (d) the premises at which other activities relating to such obtaining, cultivation, production or manufacture is authorised by the licence; (da) if the licence authorises the cultivation of cannabis plants—the extent of the land on which the cultivation of cannabis plants is authorised by the licence in accordance with one or more medicinal cannabis permits; (e) the persons prescribed by the regulations as the persons who are authorised by the licence to engage in the activities authorised by the licence; (f) the conditions (if any) imposed by the Secretary under section 8K; (g) the day on which the licence comes into force; (h) if the licence is to be in force for a specified period—that period; (i) that the Secretary may, in accordance with section 15, require the destruction of any of the following that are in the possession of, or under the control of, the licence holder: (i) cannabis plants; (ii) a cannabis drug; (iii) a narcotic preparation that contains such a drug; (j) if the licence authorises the manufacture of a cannabis drug for one or more permitted supplies—those permitted supplies. 8N Period for which a medicinal cannabis licence is in force (1) If a medicinal cannabis licence is revoked under subsection 10P(1) or (2), the licence ceases to be in force on the day specified in the notice given under that subsection revoking the licence. (2) If: (a) a medicinal cannabis licence is surrendered in accordance with regulations made for the purposes of section 11A; and (b) as a result of that surrender, the licence is to cease to be in force on a particular day, or at a particular time, under those regulations; the licence ceases to be in force on that day, or at that time, unless it ceases to be in force under subsection (1) of this section on an earlier day. (3) If a medicinal cannabis licence specifies a period during which the licence is to remain in force, the licence ceases to be in force at the end of that period unless it ceases to be in force under subsection (1) or (2) on an earlier day or at an earlier time. 8P Holder of a medicinal cannabis licence may apply for a medicinal cannabis permit (1) The holder of a medicinal cannabis licence may apply for a permit (a medicinal cannabis permit) in relation to activities that are authorised by the licence only in accordance with such a permit. (2) The application must be made in the form or manner approved in writing by the Secretary, and must: (a) contain the information (if any) prescribed by the regulations; and (b) contain the information (if any) specified in writing by the Secretary; and (c) be accompanied by the documents (if any) prescribed by the regulations; and (d) be accompanied by the documents (if any) specified in writing by the Secretary. Note: The Secretary may also require additional information and documents from the applicant at any time: see subsection 14J(1). (3) The application must be accompanied by the application fee (if any) prescribed by the regulations. (4) The application may be withdrawn at any time before a decision is made on the application, but the application fee is not refundable. 9 Secretary must make a decision on an application for a medicinal cannabis permit (1) If a person has made an application for a medicinal cannabis permit, the Secretary must decide whether to grant, or refuse to grant, the permit. (2) The Secretary may, subject to subsections (3) and (4), grant a medicinal cannabis permit if the Secretary considers it appropriate in all the circumstances to do so. (3) The Secretary may refuse to grant a medicinal cannabis permit if the Secretary is satisfied on reasonable grounds that the holder of the medicinal cannabis licence to which the permit relates has breached a condition of the licence. (4) The Secretary must refuse to grant a medicinal cannabis permit if: (a) the application fee (if any) has not been paid; or (aa) the Secretary is not satisfied on reasonable grounds that applicable standards have been or will be met, as the case requires; or (ab) the Secretary is satisfied on reasonable grounds that one or more circumstances exist that are prescribed by the regulations as circumstances in which a permit must not be granted; or (ac) the Secretary is satisfied on reasonable grounds that the application for the permit contains information, or information has been given by the applicant in relation to the application, that: (i) is false or misleading in a material particular; or (ii) omits any matter or thing without which the application is misleading in a material respect; or (b) the applicant has not complied with a requirement under subsection 14J(1) (additional information) in relation to the application; or (c) if the application for the permit relates to a medicinal cannabis licence that authorises the cultivation of cannabis plants but does not authorise the production of cannabis or cannabis resin—the Secretary is not satisfied on reasonable grounds that the cultivation of the cannabis plants is: (i) for the purposes of supply to the holder of a medicinal cannabis licence that authorises such production; or (ii) for a purpose prescribed by the regulations; or (d) if the application for the permit relates to a medicinal cannabis licence that authorises the production of cannabis or cannabis resin but does not authorise the manufacture of a cannabis drug—the Secretary is not satisfied on reasonable grounds that the production of the cannabis or cannabis resin is: (i) for the purposes of supply to another holder of a medicinal cannabis licence that authorises such manufacture; or (ii) for a purpose prescribed by the regulations. Note: The Secretary must have regard to any applicable guidelines (see subsection 26C(2)). (5) For the purposes of deciding whether to grant, or refuse to grant, a medicinal cannabis permit, the Secretary may require the applicant to provide access to premises at which activities authorised by the medicinal cannabis licence to which the permit relates will take place, for the purposes of inspecting the premises. 9A Notification of decision If the Secretary decides to grant a medicinal cannabis permit that relates to a medicinal cannabis licence, the Secretary must, as soon as practicable: (a) notify the licence holder, in writing, of the Secretary's decision; and (b) provide a copy of the permit, specifying the matters as mentioned in section 9B, to the licence holder. Note: For requirements for a notice of a decision to refuse to grant a medicinal cannabis permit, see section 15F. 9B Matters to be specified in a medicinal cannabis permit Medicinal cannabis permits—cultivation (1) Without limiting the matters that the Secretary may specify in a medicinal cannabis permit that relates to a medicinal cannabis licence that authorises the cultivation of cannabis plants, the Secretary may specify one or more of the following that are authorised by the licence in accordance with the permit: (a) the types and strains of cannabis plants that may be cultivated; (b) the maximum size of the cannabis crop that may be cultivated; (c) the maximum number of cannabis plants that, in the opinion of the Secretary, having regard to Australia's obligations under the Convention, it is necessary for the licence holder to have in the holder's possession or control at any time for the normal conduct of business; (d) the period during which cannabis plants may be cultivated; (e) the day on which the permit comes into force; (ea) if the permit is to be in force for a specified period—that period; (f) any matter prescribed by the regulations. Note: Section 10J provides that (in general) it is a condition of a medicinal cannabis licence that certain contracts are in force while a medicinal cannabis permit is in force. Medicinal cannabis permits—production (2) Without limiting the matters that the Secretary may specify in a medicinal cannabis permit that relates to a medicinal cannabis licence that authorises the production of cannabis or cannabis resin, the Secretary may specify one or more of the following that are authorised by the licence in accordance with the permit: (a) the maximum quantity of cannabis or cannabis resin that may be produced; (b) the maximum quantity of cannabis or cannabis resin that, in the opinion of the Secretary, having regard to Australia's obligations under the Convention, it is necessary for the licence holder to have in the holder's possession or control at any time for the normal conduct of business; (c) the period during which the cannabis or cannabis resin may be produced; (d) the day on which the permit comes into force; (da) if the permit is to be in force for a specified period—that period; (e) any matter prescribed by the regulations. Note: Section 10J provides that (in general) it is a condition of a medicinal cannabis licence that certain contracts are in force while a medicinal cannabis permit is in force. Medicinal cannabis permits—manufacture (3) Without limiting the matters that the Secretary may specify in a medicinal cannabis permit that relates to a medicinal cannabis licence that authorises the manufacture of a cannabis drug, the Secretary may specify one or more of the following that are authorised by the licence in accordance with the permit: (a) the maximum quantity of the cannabis drug that may be manufactured at premises specified in the permit; (b) the maximum quantity of the cannabis drug that, in the opinion of the Secretary, having regard to prevailing market conditions, it is necessary for the licence holder to have in the holder's possession or control at any time for the normal conduct of business; (c) the period during which the cannabis drug may be manufactured; (d) the day on which the permit comes into force; (e) if the permit is to be in force for a specified period—that period; (f) any matter prescribed by the regulations. 9C Period for which a medicinal cannabis permit is in force (1) If a medicinal cannabis permit is revoked under subsection 10P(2), the permit ceases to be in force on the day specified in the notice given under that subsection revoking the permit. (2) If a medicinal cannabis permit is taken to be revoked under subsection 10P(4), the permit ceases to be in force at the time referred to in that subsection. (3) If: (a) a medicinal cannabis permit is surrendered in accordance with regulations made for the purposes of section 11A; and (b) as a result of that surrender, the permit is to cease to be in force on a particular day, or at a particular time, under those regulations; the permit ceases to be in force on that day, or at that time, unless it ceases to be in force under subsection (1) or (2) of this section on an earlier day or at an earlier time. (4) If a medicinal cannabis permit specifies a period during which the permit is to remain in force, the permit ceases to be in force at the end of that period unless it ceases to be in force under subsection (1), (2) or (3) on an earlier day or at an earlier time. Division 3—Conditions of medicinal cannabis licences 10C Medicinal cannabis licence is subject to conditions A medicinal cannabis licence is subject to the following conditions: (a) the conditions set out in sections 10E to 10K; (b) the conditions (if any) prescribed by the regulations; (c) the conditions (if any) imposed by the Secretary (see sections 8K, 10D and 10M). 10D Conditions that may be prescribed or imposed (1) The conditions of a medicinal cannabis licence that may be prescribed or imposed may relate to, but are not limited to, the following: (a) matters relating to the activities authorised by the licence, including activities authorised in accordance with a permit; (b) the supply, delivery, dealing in any way with, transportation and disposal of: (i) cannabis plants cultivated or obtained under the licence in accordance with a permit; or (ii) cannabis or cannabis resin produced under the licence in accordance with a permit; or (iii) a cannabis drug manufactured under the licence in accordance with a permit; (c) the use of names or symbols that may suggest or imply a particular effect upon humans of a cannabis drug or a narcotic preparation that contains such a drug, but not so as to prevent the specification of factual material; (d) waste disposal; (e) the destruction of cannabis plants, parts of cannabis plants, cannabis drugs, narcotic preparations that contain such a drug or by‑products of cannabis drugs or such narcotic preparations, including the specification of the circumstances in which: (i) destruction must not occur without the Secretary's permission; or (ii) destruction must occur; (f) documentation and record‑keeping in respect of activities to which the licence relates; (g) facilities and containment in respect of the cultivation, production or manufacture authorised by the licence, including requirements relating to the following: (i) the security of premises; (ii) the certification of premises or facilities to specified containment levels; (h) the safety, security and surveillance of premises; (i) access to premises on which activities authorised by the licence are, are to be, or have been, undertaken; (j) measures to manage risks posed to the health and safety of people, or to the environment; (k) data collection, including studies to be conducted; (l) information that is to be provided, whether on request by the Secretary, on a regular basis or on the occurrence of a particular event, and the times at which, or periods within which, such information is to be provided; (m) the taking of samples of any thing to which the licence relates and the removal and testing of such samples; (n) auditing and reporting; (o) actions to be taken in case of loss, theft, spoilage or destruction (however occurring) of: (i) cannabis plants cultivated or obtained under, or purportedly under, the licence; or (ii) cannabis or cannabis resin produced under, or purportedly under, the licence; or (iii) a cannabis drug manufactured under, or purportedly under, the licence; or (iv) a narcotic preparation that contains such a drug; (p) compliance with a code of practice; (q) contingency planning; (r) matters relating to the employment of staff or the engagement of contractors; (s) advertising to the public by the licence holder in relation to cannabis plants, a cannabis drug or a narcotic preparation that contains such a drug; (t) the labelling of a cannabis drug. (2) The conditions of a medicinal cannabis licence that authorises the cultivation of cannabis plants, or the production of cannabis or cannabis resin, may include conditions requiring the licence holder to be adequately insured against any loss, damage, or injury that may be caused to human health, property or the environment by activities undertaken under (or purportedly under) the licence. 10E Condition that medicinal cannabis licence holder inform people of obligations (1) It is a condition of a medicinal cannabis licence that the licence holder inform any person authorised by the licence: (a) to engage in the obtaining or cultivation of cannabis plants, or activities related to such obtaining or cultivation; or (b) to engage in the production of cannabis or cannabis resin, or activities related to such production; or (ba) to engage in the manufacture of a cannabis drug, or activities related to such manufacture; of the following: (c) each condition that is relevant to that person, including each variation or revocation of such a condition; (d) the revocation of the licence and of any permit that relates to the licence and is relevant to the person; (e) the giving of one or more directions in relation to the licence under Part 3 of Chapter 5. (2) Requirements in relation to the manner in which information is provided under subsection (1) may be: (a) prescribed by the regulations; or (b) specified by the Secretary. (3) A reference in subsection (1) to: (a) a licence holder; or (b) a person authorised by a medicinal cannabis licence to engage in a particular activity; is, in the case of the revocation or surrender of the licence, taken to be a reference to a person who was the licence holder, or was so authorised, immediately before the revocation or surrender (as the case may be). 10F Condition that medicinal cannabis licence holder employ or engage suitable staff (1) It is a condition of a medicinal cannabis licence that the licence holder take all reasonable steps not to employ or engage a person to carry out activities authorised by the licence if: (a) the person is aged under 18 years; or (b) the person has been convicted of a serious offence during the period of 5 years before the employment or engagement; or (c) the person is taken not to be suitable to carry out activities authorised by a medicinal cannabis licence under regulations made for the purposes of subsection (2); or (d) the person is included in a class of persons prescribed by the regulations for the purposes of this paragraph. (2) The regulations may prescribe circumstances in which a person is taken not to be suitable to carry out activities authorised by a medicinal cannabis licence, including but not limited to circumstances relating to the following: (a) a person's criminal record; (b) a person's employment history. 10G Condition that activities authorised by medicinal cannabis licence are undertaken in accordance with medicinal cannabis permit It is a condition of a medicinal cannabis licence that an activity authorised by the licence (other than an activity of the kind mentioned in paragraph 8E(1)(d)) is undertaken by the licence holder, or by any other person authorised by the licence to undertake the activity, in accordance with a medicinal cannabis permit. 10H Condition about monitoring and inspection It is a condition of a medicinal cannabis licence that, if a person is authorised by the licence: (a) to obtain or cultivate cannabis plants, to produce cannabis or cannabis resin or to manufacture a cannabis drug; or (b) to engage in activities relating to such obtaining, cultivation, production or manufacture; the person allow the Secretary, or a person authorised by the Secretary, to: (c) enter premises at which the person is present and where the obtaining, cultivation, production, manufacture or activity is being undertaken, for the purposes of the following: (i) inspecting or monitoring the obtaining, cultivation, production, manufacture or activity; (ii) checking whether the obtaining, cultivation, production, manufacture or activity is being carried out as authorised by the licence in accordance with a medicinal cannabis permit, and whether licence conditions are being complied with; and (d) take samples of any thing at the premises and remove and test such samples. 10J Condition that medicinal cannabis licence holder be a party to certain contracts Licence authorising cultivation but not production (1) If, at a particular time: (a) a medicinal cannabis licence authorises the obtaining or cultivation of cannabis plants for the purposes of producing cannabis or cannabis resin, but does not also authorise the production of cannabis or cannabis resin; and (b) a medicinal cannabis permit that relates to such cultivation is in force; it is a condition of the licence that a contract that deals with matters prescribed by the regulations is in existence between: (c) the holder of the medicinal cannabis licence; and (d) the holder of another medicinal cannabis licence that authorises the production of cannabis or cannabis resin. Licence authorising production (2) If, at a particular time: (a) a medicinal cannabis licence authorises the production of cannabis or cannabis resin; and (b) a medicinal cannabis permit that relates to such production is in force; it is a condition of the licence that: (c) a contract that deals with matters prescribed by the regulations is in existence between the holder of the medicinal cannabis licence (the primary licence holder) and another holder of a medicinal cannabis licence that authorises the manufacture of a cannabis drug; or (d) the medicinal cannabis licence of the primary licence holder authorises such manufacture. (3) A contract of a kind referred to in subsection (1) or (2) is not required to be in existence: (a) in the circumstances (if any) prescribed by the regulations; or (b) if the Secretary determines in a particular case that such a contract is not required to be in existence. 10JA Condition for medicinal cannabis licence authorising the manufacture of cannabis drugs It is a condition of a medicinal cannabis licence that authorises the manufacture of a cannabis drug for one or more permitted supplies that the licence holder must not supply the drug other than for those permitted supplies. 10K Condition that licence holder notify the Secretary of certain matters (1) It is a condition of a medicinal cannabis licence that the licence holder notify the Secretary if any of the following matters comes to the attention of the licence holder: (a) a matter that may affect whether the licence holder is a fit and proper person to hold the licence, or whether a business associate of the licence holder (in relation to a business relating to the licence or in relation to any other business) is a fit and proper person to be associated with the holder of such a licence; (b) a breach of the licence; (c) any other matter that may require or permit the Secretary to revoke the licence or a permit to which the licence relates; (d) any matter prescribed by the regulations. Note: Section 24B deals with the privilege against self‑incrimination. (2) The licence holder must notify the Secretary of a matter referred to in subsection (1): (a) if the regulations prescribe a period within which the matter must be notified to the Secretary—before the end of that period; or (b) otherwise—as soon as reasonably practicable after the matter comes to the attention of the licence holder. 10L Sections 10E to 10K do not limit conditions that may be imposed or prescribed Sections 10E to 10K do not limit the conditions that may be imposed by the Secretary or prescribed by the regulations. Division 4—Variation and revocation of medicinal cannabis licences and medicinal cannabis permits 10M Variation of medicinal cannabis licences and medicinal cannabis permits (1) The Secretary may vary a medicinal cannabis licence, or a medicinal cannabis permit that relates to a medicinal cannabis 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 medicinal cannabis licence or medicinal cannabis permit, see section 15F. (2) The Secretary may vary a medicinal cannabis licence or a medicinal cannabis permit if the Secretary considers it appropriate in all the circums