18Authority must refuse to grant licence in some cases

18 Authority must refuse to grant licence in some cases (1) Despite section 17, the Authority must refuse to grant a licence if— (a) the applicant has not complied with section 14; or S. 18(1)(b) amended by No. 115/1994 s. 142(Sch. 2 item 5.2) (as amended by No. 73/1996 s. 48(g)(ii)), substituted by No. 24/2003 s. 67(1)(a), amended by No. 46/2008 s. 280(1). (b) the applicant has been convicted of an offence against this Act, the **Livestock Disease Control Act 1994**, the **Abattoir and Meat Inspection Act 1973**, the **Poultry Processing Act 1968**, the **Public Health and Wellbeing Act 2008**, the **Food Act 1984**, the **Dairy Act 2000** or the **Seafood Safety Act 2003** (including any regulation, code of practice or other subordinate instrument made under those Acts), if the Authority considers the gravity of the offence sufficient to justify refusal of the application; or (c) the applicant has been convicted of an offence against an Act of the Commonwealth, or a State or a Territory of the Commonwealth, which corresponds to an Act referred to in paragraph (b), if the Authority considers the gravity of the offence sufficient to justify refusal of the application; or (d) any site, structure, facilities or other thing to be used in connection with the meat processing facility do not comply with the prescribed minimum standards and the non-compliance is so serious as to warrant the refusal to grant the licence; or S. 18(1)(e) amended by No. 6/2024 s. 48(1). (e) except in the case of an application in relation to a meat processing facility that is a vehicle, the Authority considers that— (i) the application is inconsistent with any applicable planning scheme or statutory instrument concerning land use; or (ii) the location or site is unsuitable; or Note to s. 18(1)(e) inserted by No. 6/2024 s. 48(2). **Note** See the definition of ***meat processing facility*** in section 3(1). (f) having regard to section 16 and to any other matters that are considered relevant, the Authority considers that— (i) the applicant is not a fit and proper person to be granted a licence; or (ii) any operator nominated by the applicant is not a fit and proper person to be operator; or S. 18(g) amended by No. 24/2003 s. 67(1)(b). (g) the applicant or the operator has outstanding debts to the Authority or to an approved inspection service which have not been repaid after reasonable demands and which are so substantial that the Authority reasonably considers refusal of the licence is justified; or S. 18(h) inserted by No. 24/2003 s. 67(1)(c). (h) the applicant has ceased to conduct a business of the nature specified in the application under section 14; or S. 18(i) inserted by No. 24/2003 s. 67(1)(c). (i) any other ground which is prescribed for the purposes of this section applies. S. 18(2) inserted by No. 24/2003 s. 67(2), amended by No. 46/2008 s. 280(1), substituted by No. 6/2024 s. 48(3). (2) Other than where a failure to meet or comply with a requirement is a ground for refusal to grant a licence under subsection (1), the Authority may refuse to grant a licence if— (a) the applicant does not meet or comply with any requirement of this Act, the **Public Health and Wellbeing Act 2008** or the **Food Act 1984** (including any regulation, code of practice or other subordinate instrument made under those Acts) that is applicable and the Authority considers that the failure to meet or comply with the requirement is sufficient to justify its decision under this subsection; or (b) the applicant— (i) has held a licence under this Act or the **Seafood Safety Act 2003**; and (ii) did not comply with the conditions of the licence and the Authority considers on reasonable grounds that the non-compliance was sufficiently serious to justify the Authority's refusal to grant a new licence under this Part.