sec.105Deciding application

### sec.105 Deciding application The Minister may make or refuse to make the division. However— before deciding to make the division, the Minister must decide whether to approve the proposed later work programs for the new authorities; and the division can not be granted unless— the proposed programs have been approved; and each proposed holder of the new authorities satisfies the capability criteria; and the Minister is satisfied the applicant continues to satisfy any special criteria that applied for deciding the application for the original authority; and See sections 35 (2) (h) (iii) and 43 . the Minister is satisfied the applicant has substantially complied with the original authority. The matters that must be considered in making the division include the work program for the original authority, the proposed later work programs and the capability criteria. The Minister may, as a condition of making the division, require the applicant to, under section 488 , give security or additional security for all or any of the new authorities within a stated reasonable period. If the applicant does not comply with the requirement, the division may be refused. s 105 amd 2011 No. 2 ss 121 , 122 sch ; 2019 No. 17 s 302 (sec.105-ssec.1) The Minister may make or refuse to make the division. (sec.105-ssec.2) However— before deciding to make the division, the Minister must decide whether to approve the proposed later work programs for the new authorities; and the division can not be granted unless— the proposed programs have been approved; and each proposed holder of the new authorities satisfies the capability criteria; and the Minister is satisfied the applicant continues to satisfy any special criteria that applied for deciding the application for the original authority; and See sections 35 (2) (h) (iii) and 43 . the Minister is satisfied the applicant has substantially complied with the original authority. (sec.105-ssec.3) The matters that must be considered in making the division include the work program for the original authority, the proposed later work programs and the capability criteria. (sec.105-ssec.4) The Minister may, as a condition of making the division, require the applicant to, under section 488 , give security or additional security for all or any of the new authorities within a stated reasonable period. (sec.105-ssec.5) If the applicant does not comply with the requirement, the division may be refused. - (a) before deciding to make the division, the Minister must decide whether to approve the proposed later work programs for the new authorities; and - (b) the division can not be granted unless— (i) the proposed programs have been approved; and (ii) each proposed holder of the new authorities satisfies the capability criteria; and (iii) the Minister is satisfied the applicant continues to satisfy any special criteria that applied for deciding the application for the original authority; and Note— See sections 35 (2) (h) (iii) and 43 . (iv) the Minister is satisfied the applicant has substantially complied with the original authority. - (i) the proposed programs have been approved; and - (ii) each proposed holder of the new authorities satisfies the capability criteria; and - (iii) the Minister is satisfied the applicant continues to satisfy any special criteria that applied for deciding the application for the original authority; and Note— See sections 35 (2) (h) (iii) and 43 . - (iv) the Minister is satisfied the applicant has substantially complied with the original authority. - (i) the proposed programs have been approved; and - (ii) each proposed holder of the new authorities satisfies the capability criteria; and - (iii) the Minister is satisfied the applicant continues to satisfy any special criteria that applied for deciding the application for the original authority; and Note— See sections 35 (2) (h) (iii) and 43 . - (iv) the Minister is satisfied the applicant has substantially complied with the original authority.