Victorian Current Acts

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RADIATION ACT 2005 - SECT 43

Consideration of application for and issue of authority

    (1)     Subject to this section and sections 44 to 46, on receipt of an application under section 37, the Secretary may issue an authority to the applicant.

    (2)     The Secretary may refuse to issue an authority if—

        (a)     the Secretary considers that the applicant is not a fit and proper person to hold the authority; or

        (b)     in the case of an application for a licence, the Secretary considers that—

              (i)     it is necessary to do so in the interests of the health or safety of persons or the safety of the environment; or

              (ii)     the application does not comply with the requirements of this Division; or

              (iii)     the proposed radiation practice or use described in the application is inappropriate or not justified.

    (3)     If the Secretary refuses to issue an authority, the Secretary must—

        (a)     notify the applicant—

              (i)     of his or her refusal; and

              (ii)     about how the applicant may seek review of the Secretary's decision; and

        (b)     give the applicant a statement of reasons for refusing to issue the authority.

    (4)     A notification under subsection (3)(a) and a statement of reasons given under subsection (3)(b) must be—

        (a)     in writing; and

        (b)     given to the applicant within 14 days of the Secretary deciding to refuse the application.



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