Transfer of authorisations
40 Transfer of authorisations
Subject to this section, the Minister must—
on application made in a manner and form determined by the Minister; and
payment of the prescribed fee, approve the transfer of an authorisation.
The Minister must not approve the transfer of an authorisation unless satisfied that—
in the case of an applicant who is a natural person—the applicant is a fit and proper person to hold an authorisation of the kind to which the application relates; or
in the case of an applicant that is a body corporate—every member of the governing body of the body corporate is a fit and proper person to be a member of the governing body of a body corporate that holds an authorisation of the kind to which the application relates.
The Minister may refuse to approve the transfer of an authorisation—
if the applicant has been found guilty of an offence against this Act, the repealed Act or a corresponding law; or
if the applicant has been found guilty of an offence involving dishonesty or violence; or
if the applicant has been found guilty of an offence against a prescribed Act or an offence of a prescribed kind; or
if the applicant has held an accreditation or authorisation that has been cancelled or suspended under this Act, the repealed Act, a prescribed Act or a corresponding law; or
if the applicant is or has been the director of a body corporate that has contravened this Act, the repealed Act, a prescribed Act or a corresponding law, or has held an accreditation or authorisation that has been cancelled or suspended under this Act, the repealed Act, a prescribed Act or a corresponding law; or
if the applicant has failed to pass an identity check or a security background check; or
if prescribed grounds exist for the refusal.
This section does not apply to an authorisation of a prescribed kind.
For the purposes of this section, any Act, including a repealed Act or an Act of a place other than this State, may be declared by regulation to be a prescribed Act.
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