27Applications

#### 27 Applications 27 Applications > > (1) An application for the issue, renewal or variation of an authority shall be made to the Secretary in the prescribed manner and accompanied by the prescribed fee. > > > (2) An application for the transfer of a licence shall be made to the Secretary in the prescribed manner and accompanied by the prescribed fee. > > > (3) The application shall be considered by the Secretary who may grant or refuse the application. > > > (3A) In considering whether to grant or refuse the application, the Secretary may consider the following— > > > > > (a) whether the applicant has been convicted or found guilty of an offence under this Act, the [Prevention of Cruelty to Animals Act 1979](/view/html/inforce/current/act-1979-200), the [Animal Research Act 1985](/view/html/inforce/current/act-1985-123), the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080), an instrument made under this Act or any of those Acts or any law of another State, a Territory or the Commonwealth relating to the keeping or protection of animals, > > > > > (b) whether the applicant has previously failed to comply with any term or condition of an authority held by the applicant, > > > > > (c) whether the applicant has previously held an authority that has been suspended or cancelled by the Secretary, > > > > > (d) the capacity of the applicant to comply with this Act and any prescribed standards, > > > > > (e) the capacity of the applicant to care for the animals, > > > > > (e1) any biosecurity risk (within the meaning of the [Biosecurity Act 2015](/view/html/inforce/current/act-2015-024)) that arises from keeping the animals, and the capacity of the applicant to prevent, eliminate or minimise that risk, > > > > > (f) whether the applicant has made a statement or furnished information in connection with the application that was, in the opinion of the Secretary, false or misleading in a material particular, > > > > > (g) whether the applicant is a fit and proper person to hold the authority, > > > > > (h) any other matter that the Secretary considers relevant. > > > (3B) The Secretary must refuse to grant an application for the issue of an authority to a person if— > > > > > (a) the person is disqualified from holding an authority under this Act, or > > > > > (b) the person is a corporation and any officer of the corporation is disqualified from holding an authority under this Act. > > > (4) Where the application has not been granted or refused— > > > > > (a) within the period of 60 days after the making of the application, or > > > > > (b) within such longer period as may be agreed between the Secretary and the applicant, > > > > the application shall be deemed (for the purposes only of any review) to have been refused. > > > (5) Where the application is granted, a licence, an approval or a permit, as the case may require, shall be issued by the Secretary. > > > (6) Where the Secretary refuses to grant an authority, 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 authority. > > > (7) In this section, an officer of a corporation means a director of the corporation or a person who is otherwise concerned in its management. > > **s 27:** Am 1991 No 94, Sch 1; 2009 No 78, Sch 1 \[1\]–\[3\]; 2012 No 42, Sch 1.8; 2015 No 24, Sch 8.13 \[1\].