19Grant or refusal of application

19 Grant or refusal of application S. 19(1) amended by Nos 62/2001 ss 70(d), 72, 18/2024 s. 20(1). (1) Subject to subsection (2) the Commission may grant or refuse an application for the issue of a licence for any reason it considers appropriate, having regard to the objectives of the Commission under this Act and under the **Essential Services Commission Act 2001**. S. 19(2) amended by No. 62/2001 s. 70(d). (2) The Commission must not grant an application for the issue of a licence unless the Commission is satisfied that— (a) subject to subsection (3), in the case of an application for a licence to sell electricity, the applicant is financially viable; and (b) subject to subsection (4), the applicant has the technical capacity to comply with the conditions of the licence. S. 19(3) amended by Nos 62/2001 s. 70(d), 8/2005 s. 14(2), 35/2007 s. 6. (3) The Commission does not have to be satisfied as to the applicant's financial viability, if the applicant is applying for a licence which includes a condition requiring compliance with the National Electricity Rules and the Rules include prudential requirements. S. 19(4) amended by No. 62/2001 s. 70(d). (4) The Commission does not have to be satisfied as to the applicant's technical capacity to comply with the conditions of the licence at the time it is issued if— (a) the activities specified in the licence are not likely to be commenced to be carried out within the next following 12 months; and S. 19(4)(b) amended by Nos 62/2001 s. 70(d), 75/2004 s. 10(2). (b) the application is granted subject to such conditions as are decided by the Commission relating to further approval of the applicant's technical capacity or approval of future facilities necessary for the carrying out of the activities. S. 19(5) amended by No. 62/2001 s. 70(d), repealed by No. 35/2007 s. 4, new s. 19(5) inserted by No. 18/2024 s. 20(2). (5) The Commission may refuse to grant an application for the issue of a licence if the applicant is a failed retailer or an associate of a failed retailer. S. 19(5A) inserted by No. 18/2024 s. 20(2). (5A) Without limiting subsection (5), the Commission may refuse to grant an application for the issue of a licence until the applicant pays a proportion or the whole of the costs of a prior RoLR event as determined by the AER under section 170 of the National Energy Retail Law (Victoria). S. 19(6) amended by No. 62/2001 s. 70(d). (6) The Commission must publish a notice in a daily newspaper generally circulating in Victoria— S. 19(6)(a) amended by No. 62/2001 s. 70(d). (a) specifying that an application for a licence in respect of the relevant activity has been lodged with the Commission by the person specified in the notice; and S. 19(6)(b) amended by No. 62/2001 s. 70(d). (b) inviting interested persons to make submissions to the Commission in respect of the application within the period and in the manner specified in the notice. S. 19(7) amended by Nos 62/2001 s. 70(d), 75/2004 s. 10(3). (7) Subject to this section and any requirements specified in regulations made for the purposes of this section under section 119, the Commission may decide the procedures that are to apply in respect of the issue of licences. S. 19(8) amended by No. 62/2001 s. 70(d). (8) The Commission must notify an applicant in writing of its decision to grant or refuse to grant the application and, in the case of a decision to refuse to grant the application, of the reasons for its decision.