(1)

The Minister may transfer a permit issued by the Minister.

(2)

The Director may transfer a permit issued by the Director.

(3)

A permit may be transferred only if:

(a)

a holder of the permit applies in writing; and

(b)

there are reasonable grounds for believing that the proposed transferee will meet the conditions of the permit; and

(c)

the proposed transferee has not been convicted of, nor is subject to proceedings for, an offence under a law mentioned in subregulation 17.07 (1); and

(d)

for a jointly managed reserve:

(i)

if consultation with the Board for the reserve is required under any agreement between the Director and the Board — the consultation has been carried out in accordance with the agreement; or

(ii)

if there is no such agreement — the approval is consistent with the Director's obligations under the lease of indigenous people's land in the reserve.

Note
Part VIIC of the Crimes Act 1914 includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them.

(4)

An application for transfer of a permit must be accompanied by a fee in accordance with Part 18.

(5)

The application must include the following:

(a)

the full name of the holder of the permit;

(b)

a copy of the permit;

(c)

the reasons for the proposed transfer;

(d)

full name and contact details for the proposed transferee;

(e)

the relevant qualifications or experience of the proposed transferee;

(f)

a declaration by the proposed transferee stating whether he or she has been convicted of, or is subject to proceedings for, an offence mentioned in subregulation 17.07 (1);

(g)

a declaration that the information in the application is correct to the best of the knowledge of the holder of the permit and the proposed transferee.

(6)

For paragraphs (3) (c) and (5) (f), the applicant is taken to have been convicted of an offence if the applicant:

(a)

has been charged with, and found guilty of, the offence but discharged without conviction; or

(b)

has not been found guilty of the offence, but a court has taken the offence into account in passing sentence on the applicant for another offence.

(7)

The Minister or Director must give the applicant and the proposed transferee written notice of a decision whether or not to transfer a permit under subregulation (1) or (2).