Div 5Decision on licence etc

Division 5—Decision on licence etc 55—Regulator must make a decision on licence and licence conditions After taking any steps required by Division 3 or 4 in relation to an application for a GMO licence, the Regulator— (a) must decide whether to issue or refuse to issue the licence; and (b) if the Regulator decides to issue the licence—may impose conditions to which the licence is subject. 56—Regulator must not issue the licence unless satisfied as to risk management (1) The Regulator must not issue the licence unless the Regulator is satisfied that any risks posed by the dealings proposed to be authorised by the licence are able to be managed in such a way as to protect— (2) For the purposes of subsection (1), the Regulator must have regard to the following: (a) the risk assessment prepared under section 47 or 50 in relation to the dealings; (b) the risk management plan prepared under section 47 or 50 in relation to the dealings; (c) any submissions received under section 52 in relation to the licence; (d) any policy guidelines in force under section 23 that relate to— (i) risks that may be posed by the dealings proposed to be authorised by the licence; or (ii) ways of managing such risks so as to protect the health and safety of people or to protect the environment. Paragraphs (a), (b) and (c) of subsection (2) do not apply to an inadvertent dealings application. 57—Other circumstances in which Regulator must not issue the licence (1) The Regulator must not issue the licence if the Regulator is satisfied that issuing the licence would be inconsistent with a policy principle in force under section 21. (2) The Regulator must not issue the licence unless the Regulator is satisfied that the applicant is a suitable person to hold the licence. (3) Subsection (2) does not apply to an inadvertent dealings application. 58—Matters to be taken into account in deciding whether a person is suitable to hold a licence (1) Without limiting the matters to which the Regulator may have regard in deciding whether a natural person is a suitable person to hold a licence, the Regulator must have regard to— (a) any relevant conviction of the person; and (b) any revocation or suspension of a licence or permit (however described) held by the person under a law of South Australia, the Commonwealth, another State or a foreign country, being a law relating to the health and safety of people or the environment; and (c) the capacity of the person to meet the conditions of the licence. (2) Without limiting the matters to which the Regulator may have regard in deciding whether a body corporate is a suitable person to hold a licence, the Regulator must have regard to the following: (a) any relevant conviction of the body corporate; and (b) if there is a relevant conviction of the body corporate— (i) whether the offence concerned was committed at a time when any person who is presently a director of the body corporate was a director; and (ii) whether that offence was committed at a time when any officer or shareholder of the body corporate who is presently in a position to influence the management of the body corporate was such an officer or shareholder; and (c) any revocation or suspension of a licence or permit (however described) held by the body corporate under a law of South Australia, the Commonwealth, another State or a foreign country, being a law relating to the health and safety of people or the environment; and (d) the capacity of the body corporate to meet the conditions of the licence. relevant conviction means a conviction for an offence against a law of South Australia, the Commonwealth, another State or a foreign country, being a law relating to the health and safety of people or the environment, if— (a) the offence was committed within the period of 10 years immediately before the making of the application for the licence; and (b) the offence was punishable by a fine of $5 000 or more, or by a term of imprisonment of one year or more. This section differs from section 58 of the Commonwealth Act. 59—Notification of licence decision The Regulator must notify the applicant in writing of the Regulator's decision (including any conditions imposed by the Regulator, if applicable). 60—Period of licence (1) A licence continues in force— (a) if the licence is expressed to be in force for a particular period—until the end of that period; or (b) otherwise—until it is cancelled or surrendered. (2) A licence is not in force throughout any period of suspension. (3) A licence issued as a result of an inadvertent dealings application must not be expressed to be in force for a period of longer than 12 months.