Controlled Sports Act 2019

In deciding an application under section 14, the registrar must consider the following:

whether the applicant has contravened this Act;

For what is included in a reference to a contravention of this Act, see s 87.

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

if the applicant is an individual—

whether the applicant has suitable qualifications or experience for registration as a controlled sports official; and

whether it is in the public interest for the applicant to be registered as a controlled sports official;

if the applicant is a corporation—

whether the corporation has, or has arranged, a satisfactory ownership, trust or corporate structure; and

whether, during the 5 years before the day of the application—

the corporation became the subject of a winding‑up order; or

a controller or administrator was appointed for the corporation; and

whether it is in the public interest for the applicant to be registered as a controlled sports official;

any additional information given to the registrar under section 17;

anything else prescribed by regulation.

For what the registrar must and may consider when deciding whether it is in the public interest for a person to be registered as a controlled sports official, see s 13.

Subsection (1) does not limit the grounds on which the registrar may refuse to register a person as a controlled sports official.

The registrar must—

register the applicant; or

refuse to register the applicant.

The registrar’s decision to refuse to register an applicant is a reviewable decision (see s 81).

The registrar must, in writing—

tell the applicant the registrar’s decision under subsection (3); and

for a decision under subsection (3) (b)—

set out the reasons for the decision; and

state that the applicant may, within 20 working days after the day the registrar tells the applicant the decision, give additional information or documents to support the application.

The registrar must also give the applicant a reviewable decision notice in relation to the decision to refuse to register the applicant (see s 82).

If the applicant gives the registrar additional information or documents under subsection (4) (b) (ii), the registrar must, within 20 working days after receiving the information or documents—

reconsider the decision; and

either—

register the applicant; or

refuse to register the applicant; and

tell the applicant, in writing, the registrar’s decision; and

if the registrar refuses to register the applicant—set out the reasons for the decision.

The registrar’s decision to refuse to register an applicant is a reviewable decision (see s 81).

The registrar is not required under this Act or any other territory law to give reasons for the registrar’s decision to the extent that giving those reasons would disclose security sensitive information.

Security sensitive information—see the dictionary.

If the registrar does not give reasons for the registrar’s decision under s (6), and a person applies to the ACAT or the court for review of the registrar’s decision, the registrar must apply to the ACAT or the court for a decision about whether the reasons disclose security sensitive information (see s 84).