AustLII Tasmanian Numbered Acts

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BIOSECURITY ACT 2019 (NO. 22 OF 2019) - SECT 104

Grant or refusal of permit

(1)  After considering an application for an individual permit under section 103 , the relevant decision-maker may –
(a) grant a permit subject to any conditions that the relevant decision-maker thinks appropriate; or
(b) refuse to grant a permit; or
(c) ask the applicant for further information and, after considering the information –
(i) grant a permit subject to any conditions that the relevant decision-maker thinks appropriate; or
(ii) refuse to grant a permit.
(2)  A relevant decision-maker must refuse to grant a permit if satisfied that the granting of the permit would create a biosecurity risk that is inconsistent with the objectives of this Act.
(3)  Without limiting the generality of subsection (1)(b) , a relevant decision-maker may refuse to grant a permit if satisfied that –
(a) the application for the permit does not comply with this Act; or
(b) the applicant is not a suitable person to engage in the conduct to be authorised under the permit; or
(c) in an emergency, it would not be appropriate to grant the permit.
(4)  If a relevant decision-maker grants a permit under this section, the relevant decision-maker is to –
(a) notify the applicant of that decision, either orally or in writing, as soon as practicable after the decision is made; and
(b) provide the applicant with the permit and written confirmation of that decision.
(5)  If a relevant decision-maker refuses to grant a permit under this section, the relevant decision-maker is to –
(a) notify the applicant of that decision, either orally or in writing, as soon as practicable after the decision is made; and
(b) provide the applicant with written confirmation of the decision and the reasons for the decision; and
(c) notify the applicant in writing that he or she may appeal to the Appeal Tribunal against the decision.
(6)  A failure of a relevant decision-maker to make a decision within the prescribed period in respect of the application is taken for the purposes of this section to be a refusal of the application.



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