Grant or refusal of permit
136 Grant or refusal of permit
A relevant decision-maker may, after considering an application for an individual permit, grant a permit with or without conditions, or refuse to grant a permit, to the applicant.
An individual permit granted under subsection (1) must be in the approved form.
Without limiting subsection (2), a permit must specify the type of permit that has been granted.
A relevant decision-maker must refuse to grant an individual permit if the relevant decision-maker considers that the granting of the permit would create a biosecurity risk that is inconsistent with the objects of this Act.
A relevant decision-maker may refuse to grant an individual permit to an applicant—
if the application for the permit does not comply with any requirement imposed by or under this Act, including the payment of the relevant application fee; or
if the relevant decision-maker is not satisfied that the applicant is a suitable person to engage in conduct to be authorised under the permit; or
in an emergency, it would not be appropriate to grant the permit; or
on any prescribed ground; or
for any other reason that the relevant decision-maker considers to be sufficient reason for refusing the application.
If a relevant decision-maker refuses to grant an individual permit, the relevant decision-maker must, by written notice—
notify the applicant of the decision; and
provide the applicant with reasons for the decision; and
notify the applicant that the applicant may apply for a review of the decision under Part 13.
If a relevant decision-maker fails to give an applicant notice of a decision to grant or to refuse an individual permit within the prescribed period, the relevant decision-maker is taken to have refused to grant the permit.
This Act’s bill:Second reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.