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Public Health Act 1997
56NRegistration—grant or refusal of transfer
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56N Registration—grant or refusal of transfer
(1) If—
(a) a registered person, and a person to whom it is proposed to
transfer the registration, jointly apply to the Minister under
section 56M for approval of the transfer of the registration; and
(b) they comply with that section;
the Minister must approve the transfer unless subsection (2) or (3)
applies.
(2) The Minister must refuse to approve the transfer if the proposed
transferee, or a defined influential person in relation to the proposed
transferee, has previously contravened this Act or a corresponding
public health risk law, unless the Minister is satisfied on reasonable
grounds that any similar contravention by the proposed transferee, or
a defined influential person in relation to the proposed transferee, is
not likely to recur.
(3) The Minister must refuse to approve the transfer if the registration of
the proposed transferee, or of a defined influential person in relation
to the proposed transferee, to carry on the registrable public health
risk activity (whether at the location or locations applied for, or
elsewhere) has been cancelled during the previous year, or is under
suspension at the time of the application.
(4) The Minister must give written notice of the Minister’s decision on
the application to the registered person and the proposed transferee.
(5) If the Minister approves the transfer of registration, the transfer takes
effect on the day the proposed transferee is given written notice of the
decision or, if a later date of effect is stated in the notice, the stated
day.
(6) If the Minister approves the transfer of registration, the Minister may
vary the registration period if the proposed transferee asks for it to be
varied.