Seafood Safety Act 2003

The Authority must—

refuse to issue;

issue or renew subject to conditions (if any);

refuse to renew;

cancel;

suspend for a specified period—

The grounds are—

the Authority is not satisfied that the applicant or licensee, as the case may be, holds an appropriate fishery licence, authorisation or permit under the Fisheries Act 1995 that is necessary to carry on the activities to which the application or seafood safety licence relates;

the licensee has ceased to conduct a business of the nature specified in the application or the licence;

the applicant or the licensee, as the case may be, has been convicted of an offence in relation to a requirement of—

this Act, the Public Health and Wellbeing Act 2008, the Food Act 1984, the Meat Industry Act 1993 or the Dairy and Food Innovation Act 2000 (including any regulation, code of practice or other subordinate instrument made under those Acts); or

a law of the Commonwealth or another State or a Territory of the Commonwealth that corresponds to a requirement specified in subparagraph (i)—

having regard to the matters specified in subsection (3), the Authority considers that the applicant or licensee is not a fit and proper person to hold a licence;

any other ground which is prescribed for the purposes of this section.

For the purposes of subsection (2)(ca), the specified matters are the following—

whether the applicant or licensee is not of good repute, having regard to character, honesty and integrity;

whether an associate of the applicant or licensee is not of good repute, having regard to character, honesty and integrity;

whether the applicant or licensee has any business association with any person who is not of good repute, having regard to character, honesty and integrity;

whether a person who holds a relevant position in the seafood business to which the licence relates is not a suitable person to act in the position;

any other matter that the Authority considers relevant.

In this section, an associate of an applicant or licensee means a person who—

holds any relevant financial interest, or is entitled to exercise any relevant power (whether in right of the person or on behalf of any other person), in the seafood business to which the licence relates, and by virtue of that interest or power, is able to exercise a significant influence over or with respect to the management or operation of that business; or

holds any relevant position (whether in right of the person or on behalf of any other person) in the seafood business to which the licence relates; or

is a relative of the applicant or licensee; or

is an agent of the applicant or licensee.

In this section—

spouse or domestic partner; or

parent; or

child; or

sibling;

any share in the capital of the business; or

any entitlement to receive any income derived from the business;

any entitlement to receive any payment as a result of money advanced; or

the position of director, partner, trustee, manager or other executive position or secretary, however that position is designated; and

any other person associated or connected with the ownership, administration or management of the business or its operations;

to participate in any directorial, managerial or executive decision; or

to elect or appoint any person to any relevant position.