Document ID: chunk:federal_register_of_legislation:F2024C00525:reg:54a
Version: federal_register_of_legislation:F2024C00525
Segment Type: reg
Provision Reference: reg 54A
Character Range: 108017–110123

54A  Classes of medicinal cannabis licences for the purposes of charge

Non‑commercial medicinal cannabis licence
 (1) For the purposes of paragraph 28(1)(e) of the Act, a medicinal cannabis licence is a non‑commercial medicinal cannabis licence if:
 (a) if the licence was in effect on the commencement of this section because the licence was preserved under item 2 of Schedule 2 to the Narcotic Drugs Amendment (Medicinal Cannabis) Act 2021—the Secretary had, in relation to the licence, given a notice under subsection 54A(2), 54AA(3) or 54AB(3) of this instrument, as in force immediately before the commencement of this section; or
 (b) if the licence was in effect on the commencement of this section because the licence was converted from multiple licences (the original licences) into a single licence under item 3 of Schedule 2 to the Narcotic Drugs Amendment (Medicinal Cannabis) Act 2021—the Secretary had, in relation to one of those original licences, given a notice under subsection 54A(2), 54AA(3) or 54AB(3) of this instrument, as in force immediately before the commencement of this section; or
 (c) when granting the licence the Secretary notifies the applicant for the licence in writing that the Secretary is reasonably satisfied that the activities the applicant proposes to undertake under the licence will be undertaken:
 (i) for medical or scientific research that is for a non‑commercial purpose; or
 (ii) primarily for medical or scientific research that is for a non‑commercial purpose.
 (2) In making a decision under paragraph (1)(c) about the activities that the applicant proposes to undertake, the Secretary must have regard to the matters mentioned in paragraph 5(2)(j).
 (3) Subsection (2) does not limit the matters to which the Secretary may have regard in making a decision under paragraph (1)(c).

Commercial medicinal cannabis licence
 (4) For the purposes of paragraph 28(1)(e) of the Act, a medicinal cannabis licence is a commercial medicinal cannabis licence if a notice referred to in paragraph (1)(a), (b) or (c) has not been given in relation to the licence.