(1)  A person who proposes to carry on a regulated business must apply to the regulator for approval to carry on that business.

(2)  An application under subsection (1)  –

(a) is to be in an approved form; and

(b) must be made to the regulator at least one calendar month before the person intends to carry on the regulated business; and

(c) must be accompanied by the prescribed fee if any.

(3)  In determining an application under subsection (1) , the regulator may take into account any one or more of the following matters:

(a) if the applicant is a natural person –

(i) whether the applicant has been convicted of an offence under this Act, the Cremation Act 1934 , the Burial and Cremation Act 2002 or Part 4 of the Local Government (Building and Miscellaneous Provisions) Act 1993 ; or

(ii) whether the applicant is or is not, in the opinion of the regulator, a fit and proper person to carry on the regulated business;

(b) if the applicant is a body corporate –

(i) whether a person concerned in the management of the body corporate has been convicted of an offence under this Act, the Cremation Act 1934 , the Burial and Cremation Act 2002 or Part 4 of the Local Government (Building and Miscellaneous Provisions) Act 1993 ; or

(ii) whether any such person is or is not, in the opinion of the regulator, a fit and proper person to carry on the regulated business;

(c) any other matter prescribed for the purposes of this section.

(4)  Within 21 days after receipt of an application under subsection (1) , the regulator is to –

(a) approve the applicant to carry on a regulated business subject to any conditions that the regulator considers appropriate; or

(b) refuse to approve the applicant to carry on a regulated business; or

(c) request further information from the applicant and, after considering the further information –

(i) approve the applicant to carry on a regulated business subject to any conditions that the regulator considers appropriate; or

(ii) refuse to approve the applicant to carry on a regulated business.

(5)  As soon as practicable after making a decision under subsection (4) in respect of an application, the regulator is to notify an applicant of that decision.

(6)  A decision of the regulator under subsection (4) is a reviewable decision for the purposes of the Magistrates Court (Administrative Appeals Division) Act 2001 .