313Applications for fire protection industry permits—general

#### 313 Applications for fire protection industry permits—general (1) An application for a fire protection industry permit must: (aa) be made to: (i) a Fire Board that is authorised to receive applications for fire protection industry permits; or (ii) if subregulation (1AA) applies—the Minister; and (a) be in an approved form; and (b) be accompanied by the fee prescribed for the particular kind of permit; and > Note: Application fees for Part 6A are set out in Division 6A.4A. (c) include the information needed by the relevant authority to decide the application, including the information required by subregulations (1A) and (1B). (1AA) This subregulation applies if: (a) the Minister: (i) does not appoint any body under paragraph 307A(1)(a); or (ii) appoints one or more bodies under paragraph 307A(1)(a) but does not authorise any of them under paragraph 307A(1)(c) to receive applications for fire protection industry permits; or (b) the Minister revokes, or suspends, the appointment of all Fire Boards; or (c) the Minister revokes or suspends the powers and functions of all Fire Boards to receive applications for fire protection industry permits; or (d) the Minister considers it appropriate in particular circumstances for an application to be made to the Minister. (1A) The application must include: (a) details about the applicant’s relevant training and experience; and (b) in the case of an application by an individual—evidence about the applicant’s knowledge about this Division, the Act and any standard that is relevant to the work to be carried out under the permit; and > Note: Relevant standards are set out in Table 326. (c) evidence that the applicant is a fit and proper person to hold the permit; and (d) the name of the applicant’s employer (if any); and (e) for an application for an extinguishing agent trading authorisation—evidence that the applicant will meet the requirements mentioned in subregulation 331(3); and (f) for an application for a halon special permit—evidence that the applicant will meet the requirements mentioned in subregulation 341(3). (1B) However, if: (a) the applicant holds a fire protection industry permit (the current permit) at the time the application is made; and (b) the current permit and the permit for which the application is made are the same type of fire protection industry permit; and (c) the application is made no later than 30 days before the current permit ceases to be in force; then, instead of the details or evidence required by a paragraph of subregulation (1A), the application may include: (d) if there has been a change in relation to the matter mentioned in the paragraph since the application for the current permit was made—evidence of the change; or (e) confirmation that there has been no change in relation to the matter mentioned in the paragraph since the application for the current permit was made. (1C) Without limiting the information a relevant authority may take into account in deciding whether to grant a fire protection industry permit, if subregulation (1B) applies in relation to the application for the permit, the relevant authority may take into account any information previously provided by the applicant. (2) If an applicant has not: (a) provided all the information mentioned in paragraph (1)(c); or (b) given any consent that has been requested for the disclosure to the relevant authority or the Minister of personal information that is relevant to whether the applicant is a fit and proper person to hold the permit; the relevant authority: (c) may ask the applicant for the information or consent; and (d) need not consider the application until the applicant provides the information or gives the consent. (3) If the relevant authority has not made a decision about an application within 30 days after: (a) if paragraph (b) does not apply—the application was made; or (b) if the relevant authority has asked the applicant for any missing information or consent—the information or consent was provided; the relevant authority is taken to have refused the application. (4) An applicant may withdraw an application at any time before the relevant authority decides the application. (5) An applicant is taken to have withdrawn an application if: (a) the relevant authority asks the applicant for information or consent; and (b) the applicant does not provide the information or consent within 6 months of the authority’s request. (6) Subject to regulation 313A, the fee for an application is not refundable if the applicant withdraws the application or the application is taken to have been withdrawn.