43Proposed decision to refuse application

43 Proposed decision to refuse application

(1) This section applies if, on application, the decision maker proposes to make a decision: (a) not to offer to grant a licence (other than a feasibility licence); or (b) not to extend the end day of a licence; or (c) not to vary a licence; or (d) not to transfer a licence; or (e) not to consent to the surrender of a licence; or (f) not to approve a change in control of a licence holder. (2) For the purposes of this section, the decision maker is: (a) for a decision covered by any of paragraphs (1)(a) to (e)—the Minister; or (b) for a decision covered by paragraph (1)(f)—the Registrar. (3) The decision maker must give the applicant written notice of the proposed decision. (4) If the decision maker is the Minister, the notice may be given to the applicant by the Registrar. (5) The notice must: (a) set out the decision maker’s reasons for the proposed decision; and (b) invite the applicant to make a written submission about the proposed decision; and (c) specify the period within which the submission must be made. (6) The specified period must be reasonable having regard to the circumstances. (7) Any submission made in response to the notice must be given to the Registrar. (8) The decision maker must take the submission into account in deciding whether to make the proposed decision.