452Matters to be satisfied before licence can be granted

452 Matters to be satisfied before licence can be granted

(1) The Authority must refuse to grant a licence if—

(a) the application has not been made in accordance with these Regulations; or

(b) it is not satisfied of the following—

(i) in the case of an application for a licence other than a major hazard facility licence, that the applicant will be able to perform safely and competently the activities that the licence would authorise the applicant to perform if it were granted;

(ii) in the case of an application for a major hazard facility licence, that the applicant will be able to safely and competently operate the major hazard facility that is the subject of the application;

(iii) that the applicant is likely to comply with the terms and conditions that will apply to the licence;

(iv) as to the identity of the applicant; or

(c) it is satisfied that the applicant—

(i) has given information in the application that was false or misleading in a material particular (without advising the Authority in writing at the time that the information was given that it was false or misleading); or

(ii) did not disclose material information to the Authority.

Note to reg. 452(1) amended by S.R. Nos 137/2021 reg. 9, 63/2024 reg. 14.

The Authority is also required to refuse a licence if certain additional requirements in respect of particular licences are not met—see Subdivision 2 (high risk work licences), Subdivision 3 (asbestos removal licences), Subdivision 4 (carcinogens licences) and Subdivision 5 (major hazard facility licences).

(2) If the Authority is not required to refuse to grant a licence under any provision of this Division, it must grant the licence.

Subdivision 4 (carcinogens licences) and Subdivision 5 (major hazard facility licences) require the payment of a fee before the Authority may grant a licence to a person who is otherwise eligible to be granted the licence.

(3) For the purposes of subregulation (1)(b)(i) to (iii), the Authority may take into account any matter that it considers to be relevant, including, for example, the following—

(a) any findings of guilt of the applicant (and in the case of a body corporate, any officer of the applicant body corporate) under any relevant occupational health and safety legislation;

(b) whether the applicant has previously had a licence or approval suspended or cancelled under any relevant occupational health and safety legislation;

(c) if the applicant has previously held a licence of the type that is the subject of the application, the applicant's record of performance while performing work under that licence;