65Duration and renewal of licence

65 Duration and renewal of licence (1) Subject to subsection (1A), a licence remains in force for 12 months after the date it is issued. (1A) If the holder of a licence has applied to renew the licence under subsection (2) and, on the expiry of the licence in accordance with subsection (1), the Director has not made a decision under subsection (3) to renew or refuse to renew the licence, the licence remains in force until the Director makes the decision. (2) An application to renew a licence is to be: (a) lodged with the Director not later than 60 days before the date of the expiry of the licence; and (b) in the approved form and accompanied by: (i) the written consents and authorities necessary for the Director to investigate whether or not to renew the licence; (ii) the prescribed information the Director requires to support the application; and

Kava Management Act 1998 39 (iii) the prescribed fee. (3) For the purposes of considering an application for renewal of a licence, sections 63 and 64(1) and (2) apply with the necessary changes and, after determining the application, the Director must decide to: (a) renew the licence subject to the conditions that the Director determines are necessary or desirable in the circumstances of the application; or (b) refuse to renew the licence. (3AA) After making the decision, the Director must give notice of the decision and a statement of the reasons for the decision to each (3A) In addition to the other matters the Director must consider in determining an application for renewal of a licence, the Director must consider the extent to which the applicant has implemented the harm minimisation measures in the kava management plan approved for the licence area and the harm minimisation measures in the applicant's last application for grant or renewal of the licence. (6) Where the Director refuses to grant a licence under this section, the Director may refund the whole or any part of the prescribed fee paid to the Director under subsection (2).