Northern Territory Consolidated Acts Northern Territory Consolidated Acts(1) As soon as practicable after receiving an application under section 8, the Authority must do the following:
(a) consider the application;
(b) give a copy of the application to the Commissioner of Police and request the Commissioner to issue to the Authority a certificate about the Commissioner's opinion as to whether there is a good reason for a poppy licence not to be issued to the applicant;
(c) complete any investigation in relation to the application that the Authority considers appropriate.
(2) The Commissioner of Police must do the following:
(a) complete any investigation that the Commissioner considers appropriate in relation to the application;
(b) not later than 28 days after receiving the copy under subsection (1)(b), issue to the Authority a certificate stating the Commissioner's opinion as to whether there is a good reason for a poppy licence not to be issued to the applicant.
(3) After completion of the consideration and investigation under subsection (1), the Authority must do one of the following:
(a) if satisfied that a poppy licence should be issued to the applicant – issue a poppy licence to the applicant that authorises an activity to be carried out, on:
(i) the terms and conditions that the Authority considers appropriate; and
(ii) any terms or conditions prescribed by regulation; and
(iii) the following terms and conditions:
(A) the activity must be carried out at or from the place specified in the licence;
(B) the activity must be carried out in relation to the species or variety of poppy specified in the licence;
(C) the contractors, and the employees of the licensee or contactors, carrying out the activity must be appropriate persons to carry out the activity;
(D) the licensee must comply with the plan included in the licence for the management of any risks associated with the activity;
(E) the licensee must keep complete records of the carrying out of the activity under the licence;
(F) if an activity to be carried out is processing of poppy material – the licensee must hold any licence required by the Commonwealth about poppy material;
(b) if not satisfied that enough information has been provided for the Authority to decide whether or not to issue a poppy licence – serve on the applicant a request describing the type of information sought and setting a deadline for the applicant to provide the information;
(c) if satisfied that a poppy licence should not be issued to the applicant – serve a decision notice on the applicant.
(4) If a request under subsection (3)(b) is served on the applicant:
(a) if the applicant does not provide the information requested before the deadline or any extension of it agreed by the Authority – the applicant is taken to have abandoned the application; or
(b) if the applicant provides the information requested before the deadline or any extension of it agreed by the Authority:
(i) the information is added to the original application; and
(ii) the Authority must resume consideration of the application as though the application had been made on the day on which the information is provided.
(5) Despite subsection (3)(a), the Authority must not issue a poppy licence to an applicant unless:
(a) the Authority is satisfied that:
(i) the applicant is a fit and proper person to be a licensee; and
(ii) the applicant's associates are fit and proper persons to be concerned with, or associated with, the activity to be carried out under the poppy licence; and
(b) the Authority is satisfied that the applicant's plan for the management of any risks associated with the activity to be carried out under the poppy licence is an appropriate plan; and
(c) the Authority is satisfied that the place at or from which the activity is to be carried out is an appropriate place at or from which to carry out the activity, as regards location, facilities and proposed security arrangements; and
(d) the Commissioner of Police has:
(i) issued a certificate to the Authority stating the Commissioner's opinion that there is not a good reason that a poppy licence should not be issued to the applicant; or
(ii) not issued any certificate under subsection (2)(b) before the end of the 28 days mentioned in that subsection.
(6) The Authority may issue a poppy licence that:
(a) authorises fewer activities than were applied for by the applicant; or
(b) authorises an activity in relation to fewer species or varieties of poppy than were applied for by the applicant.