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