123Issue of licence

#### 123 Issue of licence (1) If an application is made for a licence to carry out steps in the manufacture of chemical products (other than prohibited chemical products) at particular premises, the APVMA must issue the licence to the applicant unless the APVMA is satisfied that: (a) the applicant has not complied with subsection 122(1) or any requirement under subsection 122(2); or (b) any requirement prescribed by the regulations in relation to the application or the issue of the licence has not been complied with; or (c) the applicant will be unable to comply with the conditions of the licence; or (d) the applicant will be unable to comply with the manufacturing principles; or (e) 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) contravened a condition of a manufacturing licence issued under an agvet law; or (xi) held a manufacturing licence or permit that was cancelled under an agvet law, other than paragraph 127(1)(d) or (e) of this Code or a corresponding provision of the Agvet Code of another jurisdiction; or (xii) been a manager, or a major interest holder, of a body corporate in respect of which subparagraph (iv), (v), (vi), (vii), (viii), (ix), (x) or (xi) 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; or (f) 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 5 years immediately before the application, failed to comply with a manufacturing principle in connection with the manufacture of chemical products. (1A) If the APVMA does not issue the licence, it must refuse the application. > Note: For notice of refusal, see section 8G. (1B) A reference in paragraph (1)(e) 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. (1C) Paragraph (1)(f) does not apply to the extent that the APVMA thinks the failure to comply with the manufacturing principle is not relevant. (2) Despite paragraph (1)(e) or (f), the APVMA may issue a licence to a person to whom, apart from this subsection, it could not issue a licence because of that paragraph if, in the opinion of the APVMA, special circumstances make it appropriate to do so. (3) A licence is subject to conditions as mentioned in section 126. (4) The licence must state: (a) the person to whom it is issued; and (b) the products to which it relates; and (c) any conditions (other than conditions referred to in subsection 126(4)) to which the licence is subject when it is issued. (5) If the APVMA issues a licence, the APVMA must publish particulars of the licence in the Gazette, and in any other manner that it thinks appropriate, as soon as is practicable after the licence is issued.