54Application for grant or renewal of licence

54 Application for grant or renewal of licence (1) A person may apply to the Minister for a licence, or for the renewal of a licence, to carry on a business of a stevedore within a designated port. (2) An application under subsection (1) must be: (a) in the approved form; and (b) accompanied by the prescribed fee. (3) The Minister must consider an application made under subsection (1) and may grant or renew, or refuse to grant or renew, the licence. (4) A licence granted or renewed by the Minister is subject to any conditions, including as to its duration, that the Minister thinks fit and endorses on the licence. (5) In considering an application under subsection (1), the Minister must have regard to: (a) whether the applicant has, or is likely to have, adequate access to land at the designated port to carry on the business of a stevedore in the port; and (b) whether the applicant is a suitable person to hold, or to continue to hold, the licence; and (c) the applicant's experience, skill and ability to provide services in relation to the business of a stevedore in a port; and Ports Management Act 2015 54 (d) whether the grant or renewal would lessen effective competition in upstream or downstream markets, either within or outside the designated port; and (e) the standard of the applicant's equipment; and (f) any other matter relating to ensuring the safety of anyone connected with the provision of the services. (6) In considering whether an applicant is a suitable person to hold, or to continue to hold, a licence, the Minister must have regard to the following matters: (a) whether the applicant has ever been: the Commonwealth, a State or another Territory that is punishable by imprisonment for more than 12 months; or (b) whether in the 10 years before making the application, the applicant has been: the Commonwealth, a State or another Territory; or (c) whether the applicant has been a director of, or involved in the management of, a body corporate that was wound up in the 2 years before making the application or is in the process of being wound up; (d) whether the applicant has ever: (i) become bankrupt; or (ii) applied to take the benefit of a law for the relief of bankrupt or insolvent debtors; or (iii) compounded with creditors or made an assignment of the applicant's remuneration for their benefit; (e) whether the applicant is a body corporate that is under administration, is in the process of being wound up or has executed a deed of company arrangement that is in force. Ports Management Act 2015 55 (7) The Minister must not grant or renew a licence, or refuse to grant or renew a licence, to carry on a business of a stevedore within a designated port without first consulting the port operator of the port. (8) The Minister must, as soon as practicable after deciding an application under subsection (1), give written notice of the decision to the applicant and to the port operator of the designated port, specifying: (b) for a decision to refuse the application – that the applicant has a right to have the decision reviewed by the Tribunal.