Commonwealth Numbered Acts

HONEY MARKETING ACT 1988 No. 33 of 1988 - SECT 39

39. (1) An application for an export licence shall be made to the Board in the
form approved by the Board.

(2) Where a person has made an application, the Board shall issue an export
licence to the applicant if it is satisfied that the applicant:

   (a)  has not, at any time since the day 5 years before the making of the
        application, been convicted of any serious offence or of any offence
        against this Act or the regulations;

   (b)  is a person of sound financial and business standing;

   (c)  has had sufficient experience in the export of honey or other
        products; and

   (d)  is sufficiently able to obtain honey for export.

(3) The Board may issue an export licence subject to such terms and conditions
as the Board thinks fit, including, without limiting the scope of the
foregoing, terms and conditions relating to:

   (a)  the obtaining of the Board's permission before exporting from
        Australia any quantity of honey;

   (b)  the licensee entering into an arrangement with the Board for honey
        exported by the licensee to be sold by a particular person on behalf
        of the licensee; or

   (c)  the price at which honey exported by the licensee may be sold.

(4) Where the Board refuses to issue an export licence to the applicant, it
shall give notice in writing to the applicant of the refusal.

(5) Where an application has not been determined within 2 months after it was
made, the Board shall, for the purposes of enabling an application to the
Administrative Appeals Tribunal to be made, be deemed to have refused the
application on the last day of that period.