New South Wales Consolidated Acts

APIARIES ACT 1985 - SECT 11

11 Renewal of registration

(1) A registered beekeeper may, at any time within the period of 30 days before the expiry of the beekeeper’s registration, make an application to the Director-General for the registration to be renewed.

(2) An application for renewal of registration:

(a) must be in an approved form, and

(b) must be lodged with the Director-General, and

(c) must be accompanied by the prescribed registration fee.

(3) On receipt of an application made in accordance with subsections (1) and (2), the Director-General shall grant the application unless the application is withdrawn or unless:

(a) the Director-General is satisfied on reasonable grounds that circumstances exist which would justify the cancellation of the applicant’s registration under section 12 (3) or (4), or

(b) it appears to the Director-General that:

(i) the application contains information that is materially false or misleading, or

(ii) information has been omitted from the application and the omission has rendered the application materially misleading,

and in any of the cases mentioned in paragraphs (a) and (b) the Director-General may refuse the application.

(4) An application for renewal of the registration of a beekeeper shall not be refused under this section unless the Director-General has first afforded the applicant an opportunity to appear and make representations and adduce evidence at a hearing held by the Director-General to determine the application.

(5) When holding a hearing for the purposes of subsection (4), the Director-General:

(a) may conduct the hearing in such manner as the Director-General considers appropriate,

(b) is not bound to observe rules of law governing the admission of evidence but may inform himself or herself of any matter in such manner as the Director-General considers appropriate,

(c) may call and receive evidence as to any matter relevant to the hearing, and

(d) may, from time to time as the Director-General considers appropriate, adjourn the hearing.

(6) As soon as practicable after granting an application under this section, the Director-General shall:

(a) renew the registration of the applicant by causing an appropriate entry to be made in relation to the applicant in the register of beekeepers, and

(b) issue to the applicant, on payment of such fee as may be prescribed by the regulations, a fresh certificate of registration in an approved form.

(7) The registration number of a beekeeper whose registration is renewed under this section shall, unless the Director-General decides at the time of determining the application for renewal of the registration to allocate a fresh registration number, continue to be the registration number which was applicable to that beekeeper immediately before that application was granted.

(8) Where an application for the renewal of the registration of a beekeeper is made on or before the date on which that registration would have expired if no such application has been made and the renewal is granted on or before that date, that registration shall, unless sooner cancelled under section 12, continue in force for a further period of 2 years from and including the day after that date and, unless further renewed under this section, shall then expire.

(9) Where an application for the renewal of the registration of a beekeeper is made on or before the date on which that registration would have expired if no such application for renewal had been made, the renewal is not granted on or before that date and the application is not withdrawn on or before that date, that registration shall, unless subsequently refused or unless sooner cancelled under section 12:

(a) be deemed to continue in force from and including the day after that date until the renewal is granted or the application is withdrawn, whichever first occurs, and

(b) on the grant of the renewal, be in force for the remaining portion of the period of 2 years commencing on that day,

and, unless further renewed under this section, shall then expire.

(10) A renewal of the registration of a beekeeper under subsection (8) shall be expressed to have taken effect from and including the day after the date on which that registration would have expired if no application for renewal had been made before that date.

(11) If an application for the renewal of the registration of a beekeeper is refused, the Director-General must:

(a) give the applicant a notice in accordance with section 48 (Notice of decision and review rights to be given by administrators) of the Administrative Decisions Tribunal Act 1997 , and

(b) immediately refund to the applicant the registration fee that accompanied the application.

(12) If an applicant:

(a) in an application under this section, provides information that is, to the knowledge of the applicant, false or misleading in a material respect, or

(b) omits to provide information in such an application which, to the knowledge of the applicant, thereby renders the application misleading in a material respect,

the applicant is guilty of an offence and liable on conviction to a penalty not exceeding 10 penalty units.