sec.76Deciding initial application

sec.76 Deciding initial application

The chief executive must decide whether or not to grant the initial application. In considering the initial application, the chief executive may have regard to any of the following matters— the need for, and the safety and efficacy of, the regulated activity with the regulated substance proposed in the application; whether a relevant person is a fit and proper person for the substance authority applied for; See section 216 for when the chief executive may seek criminal history information about a relevant person. any standard conditions for the substance authority for which the application is made; See section 70 in relation to standard conditions. whether the place at which the regulated activity is proposed to be carried out is suitable for the activity; if a substance management plan is required under section 93 (1) for the place—whether a plan has been prepared; if the application is for a pest management licence—a health assessment under section 90 . If the initial application relates to matters stated in a competency standard, the chief executive must have regard to the competency standard when considering the application. If the chief executive decides to grant the initial application, the chief executive may also decide to take either of the following actions if the chief executive is satisfied the action is reasonably necessary— impose additional conditions on the substance authority; change a standard condition. See section 70 (2) for the effect of changing a standard condition. In this section— competency standard means a departmental standard stating training and competency requirements for a person carrying out a regulated activity with a regulated substance. See also division 4 in relation to the chief executive’s consideration of applications. (sec.76-ssec.1) The chief executive must decide whether or not to grant the initial application. (sec.76-ssec.2) In considering the initial application, the chief executive may have regard to any of the following matters— the need for, and the safety and efficacy of, the regulated activity with the regulated substance proposed in the application; whether a relevant person is a fit and proper person for the substance authority applied for; See section 216 for when the chief executive may seek criminal history information about a relevant person. any standard conditions for the substance authority for which the application is made; See section 70 in relation to standard conditions. whether the place at which the regulated activity is proposed to be carried out is suitable for the activity; if a substance management plan is required under section 93 (1) for the place—whether a plan has been prepared; if the application is for a pest management licence—a health assessment under section 90 . (sec.76-ssec.3) If the initial application relates to matters stated in a competency standard, the chief executive must have regard to the competency standard when considering the application. (sec.76-ssec.4) If the chief executive decides to grant the initial application, the chief executive may also decide to take either of the following actions if the chief executive is satisfied the action is reasonably necessary— impose additional conditions on the substance authority; change a standard condition. See section 70 (2) for the effect of changing a standard condition. (sec.76-ssec.5) In this section— competency standard means a departmental standard stating training and competency requirements for a person carrying out a regulated activity with a regulated substance.