34Minister to decide applications

#### 34 Minister to decide applications (1) The Minister decides an application by: (a) granting the application; or (b) refusing the application. (2) In deciding an application, the Minister may have regard to the following (whether or not the Minister receives a notice in response in relation to the application): (a) whether the applicant has previously held, or applied for, a temporary licence; (b) whether the applicant has previously held a licence that was cancelled; (ba) if the application relates to cargo and a vessel registered in the Australian International Shipping Register—both: (i) whether the applicant owns the cargo and the vessel; and (ii) whether the cargo is to be carried on the vessel; (c) whether the applicant has been issued with an infringement notice under this Act; (d) any written comments received by the Minister in relation to the application; (e) any report given to the Department by the applicant under section 62; (f) the object of this Act; (g) any other matters the Minister thinks relevant. (3) If the Minister receives one or more notices in response in relation to an application, the Minister must have regard to the following in deciding the application: (a) the outcome of negotiations, as notified by the applicant under paragraph 32(2)(b); (b) whether, and to what extent, the vessel authorised by the holder’s general licence is equipped to carry the passengers or cargo specified in the application; (c) whether those passengers or cargo can be carried on the expected loading dates or within 5 days before or after the relevant date; (d) if the application relates to the carriage of cargo—the reasonable requirements of a shipper of the kind of cargo specified in the application. (4) The Minister must decide an application for a temporary licence within 15 business days after the day the application is made. (5) A day is not to be counted as a business day for the purposes of subsection (4) if it is: (a) on or after the day the Minister receives a notice in response in respect of the application; and (b) on or before: (i) the day the applicant notifies the Minister under paragraph 32(2)(b); or (ii) if the applicant fails to notify the Minister under that paragraph—the last day of the period within which the applicant was required to notify the Minister under that paragraph. > Note: The period within which an application is to be decided may also be affected by section 77.