Gas Industry Act 2019
22Grant of licence
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22 Grant of licence
(1) The Regulator, within 40 business days after the later of the following:
(a) receiving an application for the grant of a licence;
(b) the provision of any further relevant information required under section 21(5) in relation to an application for the grant of a licence –
must determine the application by –
(c) granting the licence; or
(d) refusing to grant the licence.
(2) The Regulator may only grant a licence if the Regulator is satisfied that –
(a) the applicant is a body corporate or a partnership of 2 or more bodies corporate; and
(b) the applicant is suitable to hold the licence; and
(c) if the licence is to authorise the construction of, or alteration to, gas infrastructure – any other permit or other authority required by or under another Act of the State or the Commonwealth has been granted to the applicant or in relation to the gas infrastructure; and
(d) the applicant can demonstrate that the applicant has complied with, or intends to comply with, the requirements of this Act.
(3) In deciding whether an applicant is a suitable person to hold a licence, the Regulator may consider –
(a) the applicant's previous commercial and other dealings and the standard of honesty and integrity shown in those dealings; and
(b) the financial, technical and human resources available to the applicant; and
(c) the officers and, if applicable, major shareholders, of the applicant and their previous commercial and other dealings and the standard of honesty and integrity shown in those dealings (including breaches of statutory and other legal obligations); and
(d) any other matters prescribed by the regulations.
(4) The Regulator may only grant a gas infrastructure licence if the Regulator has been provided with a copy of a certificate issued under the Gas Safety Act 2019 certifying that the gas infrastructure is, or the proposed gas infrastructure will be, able to safely convey, or safely process, the regulated substance intended to be processed or conveyed under the licence.