112Issuing permits

#### 112 Issuing permits (1) The APVMA must consider the application and take into account any recommendations made by a co‑ordinator. (2) The APVMA must issue the permit if it is satisfied: (a) that the application meets the application requirements; and (b) that the applicant has complied with any requirement made by the APVMA under subparagraph 111(1)(b)(iii); and (c) for an active constituent—that the constituent would meet the safety criteria; and (d) for a chemical product—that the product would meet the safety criteria, the trade criteria and the efficacy criteria; and (e) that any requirements prescribed by the regulations in relation to the issue of a permit under this section have been complied with; and (f) if an application has not been made for approval of the constituent or registration of the product or such an application has not been determined—that there are reasonable grounds for the application not having been made or for issuing the permit pending determination of the application; and (g) if the application is for a permit to do, or omit to do, any thing which would, apart from the permit, be an offence against subsection 121(4A) or (5A) or a contravention of the civil penalty provision set out in subsection 121(4) or (5)—that there are exceptional circumstances that justify issuing the permit. > Note: For how permits are issued, see section 114. (3) Otherwise, the APVMA must refuse the application. > Note: For notice of refusal, see section 8G. (4) Despite subsection (2), the APVMA must also refuse the application if it is satisfied that: (a) the applicant will be unable to comply with the conditions of the permit; or (b) at least one of the following persons: (i) the applicant; (ii) any other person who makes, or participates in making, decisions that affect the whole, or a substantial part, of the applicant’s affairs; (iii) if the applicant is a body corporate—a major interest holder of the body corporate; has, within the 10 years immediately before the application: (iv) been convicted of an offence against an agvet law; or (v) been convicted of an offence against a law of this or another jurisdiction relating to chemical products; or (vi) been convicted of an offence against a law of the Commonwealth or a law of a State or Territory involving fraud or dishonesty; or (vii) been ordered to pay a pecuniary penalty for the contravention of an agvet penalty provision; or (viii) been ordered to pay a pecuniary penalty for the contravention of another law of this or another jurisdiction relating to chemical products; or (ix) been ordered to pay a pecuniary penalty for the contravention of a civil penalty provision of a law of the Commonwealth or a law of a State or Territory involving fraud or dishonesty; or (x) held a permit that was cancelled under subsection 119(2) or section 119B of this Code or under a corresponding provision of the Agvet Code of another jurisdiction; or (xi) been a manager, or a major interest holder, of a body corporate in respect of which subparagraph (iv), (v), (vi), (vii), (viii), (ix) or (x) applies in that 10 year period, if the conduct resulting in that subparagraph applying occurred when the person was a manager or major interest holder of the body corporate. (5) A reference in paragraph (4)(b) to a person convicted of an offence includes a reference to a person in respect of whom an order has been made relating to the offence under: (a) section 19B of the Crimes Act 1914; or (b) a corresponding provision of a law of a State or Territory. > Note: Section 19B of the Crimes Act 1914 empowers a court that has found a person to have committed an offence to take action without proceeding to record a conviction. (6) However, the APVMA may issue the permit despite subsection (4) if, in the opinion of the APVMA, special circumstances make it appropriate to do so. (7) If the APVMA refuses the application, it must give written notice of the refusal to each co‑ordinator to whom a copy of the application was given.