New South Wales Consolidated Acts

BIOSECURITY ACT 2015 - SECT 342

342 Grant or refusal of permit

(1) A relevant decision-maker may, on application or on the relevant decision-maker's own initiative, grant or refuse a permit.

(2) A relevant decision-maker may refuse a permit--

(a) if an application for the permit does not comply with any requirement imposed by or under this Act, or

(b) if the relevant decision-maker is of the opinion that the applicant is not a suitable person to engage in the conduct to be authorised by the permit, or

(c) in the case of an emergency, or

(d) on any other grounds prescribed by the regulations, or

(e) for any other reason that the relevant decision-maker considers to be a good reason for refusing the application.

(3) A decision about the suitability of a person to be issued with a permit may be made having regard to any of the following--

(a) the fact that the applicant has been found guilty of an offence under this Act or the regulations, or an offence under any other Act or law,

(b) an accreditation audit,

(c) any other matter prescribed by the regulations,

(d) any other circumstances that the relevant decision-maker considers relevant.

(4) The relevant decision-maker is to give the applicant written or oral notice of a decision to grant or refuse a permit.

(5) If notice of the decision is given orally, the relevant decision-maker is to give the applicant written confirmation of the decision as soon as practicable after it is made.

(6) A relevant decision-maker who fails to give an applicant for a permit notice of a decision to grant or refuse the permit within the period prescribed by the regulations is taken to have refused the permit.