DANGEROUS GOODS REGULATIONS 1985
5HDetermination of application
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5H Determination of application (1) Subject to these Regulations, the Competent Authority must consider an application made under regulation 5F and may determine it by: (a) granting the licence conditionally or unconditionally; or (b) refusing to grant the licence. (2) If the Competent Authority grants a licence subject to conditions, the conditions must be as prescribed in regulation 7 or 8 or as the Competent Authority considers necessary in a particular case. (3) A licence must not be granted to a person who is under 18 years of age.
Dangerous Goods Regulations 1985 11 (4) A licence under this Division to sell shopgoods fireworks, other than by retail to the public during a retail purchase approved period, must not be granted unless the Competent Authority receives a certificate from the Commissioner of Police stating that, in the Commissioner's opinion, the relevant person in relation to the application is an appropriate person to whom the licence may be granted. (5) In forming the opinion about the relevant person, the Commissioner must have regard to the following matters: (a) whether a criminal history check discloses that the relevant person has been found guilty of a disqualifying offence; (b) any other material available to the Commissioner (for example, criminal intelligence about a person associated with the relevant person or the fact the relevant person is on bail in relation to pending charges) that the Commissioner considers appropriate. (5A) The Commissioner must, within 28 days after receiving a request for a certificate, issue, or refuse to issue, the certificate. (6) The certificate must be dated not more than 4 months earlier than the date the application is received by the Competent Authority. (7) In this regulation: relevant person, in relation to an application, means: (a) the individual who is applying for the licence; or (b) if the applicant is a body corporate – the individual who is the manager of the business to which the licence would relate if granted.