Suitability of applicant to hold authority
53 Suitability of applicant to hold authority
Before deciding the application, the chief executive may make inquiries about the suitability of the applicant to hold the exhibited animal authority applied for.
An individual is not a suitable person to hold an exhibited animal authority if the individual is an insolvent under administration.
A corporation is not a suitable person to hold an exhibited animal authority if—
the corporation is placed in receivership or liquidation; or
an executive officer of the corporation is an insolvent under administration.
In deciding whether the applicant is a suitable person to hold an exhibited animal authority, the chief executive may have regard to the following—
whether the applicant, or an associate of the applicant, has been refused an exhibited animal authority or similar authority;
whether the applicant, or an associate of the applicant, held an exhibited animal authority or similar authority and it was suspended or cancelled;
whether the applicant, or an associate of the applicant, has a conviction for a relevant offence, other than a spent conviction;
any other matter the chief executive considers relevant to the applicant’s ability to exhibit or deal with an animal under the authority applied for, including the applicant’s capacity to comply with conditions of the authority.
In this section—conviction includes a finding of guilt, whether or not a conviction is recorded.similar authority means—
a general fisheries permit under the Fisheries Act 1994 for an activity involving noxious fisheries resources under that Act, as in force before the commencement of the Biosecurity Act, section 542; or
a declared pest permit issued under the Stock Route Management Act 2002, chapter 2, part 7, division 1, as in force before the commencement of the Biosecurity Act, section 550; or
a wildlife demonstrator licence or wildlife exhibitor licence under the Nature Conservation (Administration) Regulation 2006, as in force before the commencement of this section; or
an authority under the Nature Conservation Act, other than a licence mentioned in paragraph (c), to use or keep an animal; or
an authority (however described) under a corresponding law to this Act that is similar to an exhibition licence or interstate exhibitors permit; or
an authority (however described) under a law of the Commonwealth or another State that, before the commencement of this section, corresponded or substantially corresponded to a permit or licence mentioned in paragraph (a), (b) or (c).
This Act’s bill:Explanatory memorandumSecond reading speech
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