South Australian Repealed Acts

This legislation has been repealed.

BARLEY EXPORTING ACT 2007 - SECT 8

8—Consideration of application

        (1)         The Commission must consider an application for the issue of a licence to export barley and may, subject to this Division, issue, or refuse to issue, the licence.

        (2)         The Commission must have regard to the general factors specified in Part 2 of the Essential Services Commission Act 2002 and, subject to this section, may only issue a licence if satisfied that—

            (a)         the applicant is a suitable person to hold the licence; and

            (b)         the applicant will be able to meet reasonably forseeable obligations under contracts for the export of barley; and

            (c)         the grant of the licence would be consistent with criteria (if any) prescribed by regulation for licences to export barley.

        (3)         In deciding whether an applicant is a suitable person to hold a licence, the Commission may consider—

            (a)         the applicant's previous commercial and other dealings and the standard of honesty and integrity shown in those dealings; and

            (b)         the financial, technical and human resources available to the applicant; and

            (c)         the officers and, if applicable, major shareholders of the applicant and their previous commercial and other dealings and the standard of honesty and integrity shown in those dealings (including breaches of statutory and other legal obligations); and

            (d)         any other matter prescribed by regulation.