39Determination of applications

#### 39 Determination of applications 39 Determination of applications > > (1) After considering the Panel’s report on an application, the Secretary shall determine the application— > > > > > (a) by granting a licence to the applicant, either unconditionally or subject to conditions, or > > > > > (b) by refusing to grant a licence to the applicant. > > > (2) Despite subsection (1), the Secretary is not to grant an animal supplier’s licence to an applicant— > > > > > (a) if the applicant does not have a duly constituted animal care and ethics committee, or > > > > > (b) if the applicant is a disqualified individual or a disqualified corporation. > > > (3) Where the Secretary refuses to grant a licence, the Secretary shall, as soon as practicable after so refusing, cause notice of the refusal, and of the reasons for the refusal, to be served on the applicant for the licence. > > > (4) If, at the expiration of 90 days after an application has been made, the Secretary has failed to determine the application, the Secretary is, for the purposes only of any application to the Civil and Administrative Tribunal for an administrative review, taken to have refused to grant a licence to the applicant. > > **s 39:** Am 1997 No 25, Sch 1 \[22\]; 1998 No 156, Sch 3 \[6\]; 2013 No 95, Sch 2.6 \[5\].