The prohibition in s 7(1)(b) of the LECO Act against authorising conduct likely to seriously endanger health or safety is not a jurisdictional fact but a directive to the decision-maker, meaning courts cannot receive fresh evidence to determine the question on judicial review. The word 'conduct' in s 7(1)(b) is confined to the immediate acts of participants and does not extend to subsequent consequences such as drug consumption by end users. The definition of 'controlled activity' in the LECO Act refers only to unlawfulness under State law, so the absence of a Commonwealth certificate does not invalidate a State authority (majority view; Basten JA dissented on all points).
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