39ADeciding applications for licences

39A Deciding applications for licences

39A Deciding applications for licences

(1) The Secretary must decide the application for the licence by—

(a) granting the licence, or

(b) refusing to grant the licence.

(2) In deciding the application, the Secretary may consider the following—

(a) whether the applicant, or a relevant person for the applicant, has been found guilty of an offence relating to the sale or supply of tobacco products, non-tobacco smoking products or vaping goods under—

(i) this Act or the regulations, or

(ii) another Act or law, including a law of the Commonwealth or another State or Territory,

(a1) whether the applicant, or a relevant person for the applicant, has, for the relevant premises or other premises, been the recipient of a closure order,

(b) any other matters prescribed by the regulations.

(3) Despite subsection (1), the Secretary may refuse to decide the application if the applicant—

(a) does not comply with a requirement to give information under section 39(4), or

(b) fails to notify the Secretary of a change in information under section 39(5).

(4) Without limiting the grounds on which the Secretary may refuse to grant a licence, the Secretary may refuse to grant a licence on one or more of the following grounds—

(a) the applicant, or a relevant person for the applicant, has been found guilty of an offence relating to the sale or supply of tobacco products, non-tobacco smoking products or vaping goods under—

(i) this Act or the regulations, or

(ii) another Act or law, including a law of the Commonwealth or another State or Territory,

(b) any information given by the applicant for this Act or the regulations is false or misleading in a material way,

(c) the applicant has failed to comply with another retail or wholesale licence currently or previously held by the applicant,