Public Health Act 1997

If—

a registered person, and a person to whom it is proposed to transfer the registration, jointly apply to the Minister under section 56M for approval of the transfer of the registration; and

they comply with that section;

the Minister must approve the transfer unless subsection (2) or (3) applies.

The Minister must refuse to approve the transfer if the proposed transferee, or a defined influential person in relation to the proposed transferee, has previously contravened this Act or a corresponding public health risk law, unless the Minister is satisfied on reasonable grounds that any similar contravention by the proposed transferee, or a defined influential person in relation to the proposed transferee, is not likely to recur.

The Minister must refuse to approve the transfer if the registration of the proposed transferee, or of a defined influential person in relation to the proposed transferee, to carry on the registrable public health risk activity (whether at the location or locations applied for, or elsewhere) has been cancelled during the previous year, or is under suspension at the time of the application.

The Minister must give written notice of the Minister’s decision on the application to the registered person and the proposed transferee.

If the Minister approves the transfer of registration, the transfer takes effect on the day the proposed transferee is given written notice of the decision or, if a later date of effect is stated in the notice, the stated day.

If the Minister approves the transfer of registration, the Minister may vary the registration period if the proposed transferee asks for it to be varied.