Clinical Waste Act 1990

If an application for a licence has been made, the controller must—

grant the licence subject to the conditions (if any) stated on the licence; or

refuse to grant the licence.

For the purpose of making a decision under subsection (1), the controller must, in relation to the period to which the licence would relate, have regard to the following matters:

whether the applicant has, or will have, the necessary facilities to transport clinical waste under this Act;

A reference to an Act includes a reference to the statutory instruments under the Act, including any regulation (see Legislation Act, s 104).

the terms of any contract that the applicant has entered into, or intends to enter into, in relation to the transport of clinical waste;

the volume and type of clinical waste that the applicant intends to transport;

the arrangements that the applicant has made, or proposes to make, for the safe handling of clinical waste transported by the applicant;

whether the applicant is, or undertakes to be, insured by an authorised insurer against any liability that may result from any activity that would be carried out under the licence, and whether that insurance will be adequate for that purpose;

the degree of supervision that the applicant would exercise over people employed or engaged in activities that would be carried out under the licence;

whether the applicant has previously engaged in the business of transporting clinical waste and whether, in the course of that business, clinical waste was handled in contravention of this Act or of legislation of a State or another Territory dealing with the treatment, storage, transportation or disposal of clinical waste;

any other matters the controller reasonably believes to be relevant, including, in particular, the need to protect public health, property or the environment.

If the controller grants a licence subject to a condition or refuses to grant a licence, the controller must give written notice of the decision to the applicant.

In subsection (2) (e):

an authorisation under the Insurance Act 1973 (Cwlth), part 3 (Authorisation to carry on insurance business); or

a determination under that Act, section 7 (Determination that certain provisions do not apply).