39CDeciding applications to renew licences

39C Deciding applications to renew licences

39C Deciding applications to renew licences

(1) The Secretary must decide an application to renew a licence by—

(a) renewing the licence, or

(b) refusing to renew the licence.

(2) In deciding the application, the Secretary must 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,

(c) any other matters the Secretary considers relevant.

(3) Despite subsection (1), the Secretary may refuse to decide the application if the applicant does not comply with a requirement to give information under section 39B(3).

(4) Without limiting the grounds on which the Secretary may refuse to renew a licence, the Secretary may refuse to renew a licence on 1 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,

(d) on the recommendation of, or receipt of relevant information from, a law enforcement agency,