South Australian Numbered Acts South Australian Numbered Acts54—Applications for licences, permits or registration
(1) An application for
an authority must—
(a) be
made in a manner and form approved by the Minister; and
(b) be
signed by the applicant and completed in accordance with the instructions
contained in the form; and
(c) be
accompanied by the fee fixed by regulation or an instalment of the fee in
accordance with the regulations.
(2) An applicant must
provide the Minister with such evidence as the Minister thinks appropriate as
to the identity, age and address of the applicant and any other information
required by the Minister for the purposes of determining the application.
(3) A licence or
permit granted to a natural person may include a photograph of the holder of
the licence or permit and, consequently, an applicant for a licence or permit
who is a natural person may be required by the Minister—
(a) to
attend at a specified place for the purpose of having the applicant's
photograph taken; or
(b) to
supply the Minister with 1 or more photographs of the applicant as specified
by the Minister.
(4) An authority will
not be issued by the Minister except on payment of the licence, permit or
registration fee fixed by regulation or on payment (in accordance with the
regulations) of an instalment of the relevant fee.
(5) The Minister may,
by notice in writing, require an applicant for an authority, within a time
fixed by the notice (which may not be less than 28 days after service of
the notice), to comply with any requirement under this section to the
Minister's satisfaction.
(6) If the applicant
fails to comply with the notice under subsection (5), the Minister may,
without further notice, refuse the application but keep the fee that
accompanied the application.
(7) An
application—
(a) for
a licence or permit in respect of a fishery—will be determined by the
Minister subject to, and in accordance with, the regulations for the fishery;
(b) for
registration of a boat to be used pursuant to a licence or permit in respect
of a fishery—will not be granted by the Minister unless he or she is
satisfied—
(i)
that the applicant is the holder of a licence or permit
in respect of the fishery that is in force; and
(ii)
as to the matters prescribed by the regulations for the
fishery;
(c) for
registration of a person as the master of a boat to be used pursuant to a
licence or permit in respect of a fishery—will not be granted by the
Minister unless he or she is satisfied—
(i)
that the applicant is the holder of a licence or permit
in respect of the fishery that is in force; and
(ii)
that a boat is registered in the name of the applicant
under this Division; and
(iii)
that the person nominated as the proposed master is not
disqualified from being registered as a master and is otherwise a fit and
proper person to be master of the boat;
(d) for
registration of a device to be used pursuant to a licence or permit in respect
of a fishery—will not be granted by the Minister unless he or she is
satisfied—
(i)
that the applicant is the holder of a licence or permit
in respect of the fishery that is in force; and
(ii)
as to the matters prescribed by the regulations for the
fishery.
(8) The Minister must,
before determining an application that relates to, or is to apply in respect
of, the River Murray, consult with the Minister for the River Murray.
(9) The Minister must
refuse to grant an application for a fishery authority if—
(a) the
applicant is disqualified from holding or obtaining a fishery authority; or
(b) the
applicant is a body corporate and a director of the body corporate is
disqualified from holding or obtaining a fishery authority.
(10) The Minister may
refuse to grant an application for an authority in the following
circumstances:
(a) the
Minister is not satisfied the applicant is a fit and proper person to hold an
authority of the kind to which the application relates;
(b) the
Minister is of the opinion that the issue of the authority would be
inconsistent with—
(i)
an inter-governmental agreement or arrangement; or
(ii)
any instrument made under this Act;
(c) in
the case of an application to register a device—
(i)
the applicant does not produce the device for examination
after being requested by the Minister to do so; or
(ii)
the applicant could not lawfully use the device in the
fishery even if it were registered;
(d)
prescribed grounds for the refusal exist.