sec.230Transfer of permit

### sec.230 Transfer of permit The holder of a prohibited matter or restricted matter permit and a proposed transferee of the permit may jointly apply to the chief executive in the approved form, accompanied by the prescribed fee, for the transfer of the permit to the proposed transferee. An application may not be made under subsection (1) if a condition of the permit provides that the permit is not transferable. Whether or not a condition as mentioned in subsection (2) applies to the permit, if the holder of a prohibited matter or restricted matter permit dies, the personal representative of the deceased holder may apply to the chief executive in the approved form for the transfer of the permit to the personal representative as transferee. The chief executive must consider an application made under subsection (1) or (3) and decide to transfer, or refuse to transfer, the permit. The chief executive may approve an application under subsection (1) or (3) only if the chief executive is satisfied that there will not, as a result of the transfer, be any substantial change in— the persons principally involved in dealing with prohibited matter or restricted matter under the permit; and the dealings with the prohibited matter or restricted matter to which the permit relates. The chief executive might agree to a transfer of a prohibited matter permit in association with the sale of a business as a going concern. Also, the chief executive must be satisfied that the transferee— is a suitable person to hold the permit; and has the capacity to ensure that conditions of the permit are complied with. To decide if the transferee is a suitable person to hold the permit, the chief executive may have regard to the matters mentioned in section 216 . The chief executive is taken to have refused to approve an application if the chief executive does not decide the application within 30 days after the chief executive receives the application. If the chief executive refuses to approve an application, or the application is taken to have been refused under subsection (8) , the chief executive must give the applicant an information notice for the decision. A permit may be transferred by the issuing of another permit to replace it. s 230 amd 2024 No. 17 s 98 (sec.230-ssec.1) The holder of a prohibited matter or restricted matter permit and a proposed transferee of the permit may jointly apply to the chief executive in the approved form, accompanied by the prescribed fee, for the transfer of the permit to the proposed transferee. (sec.230-ssec.2) An application may not be made under subsection (1) if a condition of the permit provides that the permit is not transferable. (sec.230-ssec.3) Whether or not a condition as mentioned in subsection (2) applies to the permit, if the holder of a prohibited matter or restricted matter permit dies, the personal representative of the deceased holder may apply to the chief executive in the approved form for the transfer of the permit to the personal representative as transferee. (sec.230-ssec.4) The chief executive must consider an application made under subsection (1) or (3) and decide to transfer, or refuse to transfer, the permit. (sec.230-ssec.5) The chief executive may approve an application under subsection (1) or (3) only if the chief executive is satisfied that there will not, as a result of the transfer, be any substantial change in— the persons principally involved in dealing with prohibited matter or restricted matter under the permit; and the dealings with the prohibited matter or restricted matter to which the permit relates. The chief executive might agree to a transfer of a prohibited matter permit in association with the sale of a business as a going concern. (sec.230-ssec.6) Also, the chief executive must be satisfied that the transferee— is a suitable person to hold the permit; and has the capacity to ensure that conditions of the permit are complied with. (sec.230-ssec.7) To decide if the transferee is a suitable person to hold the permit, the chief executive may have regard to the matters mentioned in section 216 . (sec.230-ssec.8) The chief executive is taken to have refused to approve an application if the chief executive does not decide the application within 30 days after the chief executive receives the application. (sec.230-ssec.9) If the chief executive refuses to approve an application, or the application is taken to have been refused under subsection (8) , the chief executive must give the applicant an information notice for the decision. (sec.230-ssec.10) A permit may be transferred by the issuing of another permit to replace it. - (a) the persons principally involved in dealing with prohibited matter or restricted matter under the permit; and - (b) the dealings with the prohibited matter or restricted matter to which the permit relates. - (a) is a suitable person to hold the permit; and - (b) has the capacity to ensure that conditions of the permit are complied with.