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, the Animal Research Act 1985, the National Parks and Wildlife Act 1974, 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) 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—