Commonwealth Consolidated Acts

OZONE PROTECTION AND SYNTHETIC GREENHOUSE GAS MANAGEMENT ACT 1989 - SECT 16

             (1)  Subject to subsections (3A) and (4), the Minister may grant a licence to a person who has applied for it in accordance with section 14.

             (3)  A licence (other than an HCFC licence, an SGG licence or a pre‑charged equipment licence) must specify:

                     (a)  the substance or substances to which it relates; and

                     (b)  the activities it allows, and the maximum quantities of that substance, or each of those substances, allowed for each of those activities.

       (3AA)  An SGG licence must state that it relates to SGGs, and must specify the activities it allows.

          (3A)  In deciding whether or not to grant a licence, the Minister:

                     (a)  must have regard to Australia’s international obligations, and the policies of the Commonwealth Government, in relation to the manufacture, importation or consumption of scheduled substances; and

                     (b)  may have regard to any other matters he or she thinks relevant.

          (3B)  2 or more licences granted to the same person may be set out in the same document.

             (4)  The Minister shall not grant a licence to a person unless the Minister is satisfied that the person is a fit and proper person to be granted a licence.

             (5)  Without limiting, by implication, the generality of the matters which the Minister may take into account in determining whether a person is a fit and proper person for the purposes of subsection (4), the Minister shall have regard to:

                     (a)  any conviction of the person for an offence against this Act or the regulations committed within the 10 years immediately preceding the making of the application; and

                     (b)  any conviction of the person for an offence against a law of the Commonwealth, of a State or of a Territory that is punishable by imprisonment for a period of 6 months or longer, being an offence committed within the 10 years immediately preceding the making of the application; and

                     (c)  whether the person is bankrupt, has applied to take the benefit of any law for the relief of bankrupt or insolvent debtors, has compounded with creditors or has made an assignment of remuneration for their benefit; and

                     (d)  any statement by the person in the application that was false or misleading in a material particular; and

                     (e)  where any statement by the person in the application was false or misleading in a material particular—whether the person knew that the statement was false or misleading; and

                      (f)  whether the person has contravened a condition of a licence; and

                     (g)  whether the person held a licence that was cancelled under section 20.

             (6)  A reference in subsection (5) to a conviction for an offence includes a reference to the making of an order under section 19B of the Crimes Act 1914 in relation to the offence.

             (7)  An application is refused by giving the applicant written notice of the refusal and of the reasons for the refusal.