New South Wales Consolidated Acts

EXHIBITED ANIMALS PROTECTION ACT 1986 - SECT 27

27 Applications

(1) An application for the issue, renewal or variation of an authority shall be made to the Director-General in the prescribed manner and accompanied by the prescribed fee.

(2) An application for the transfer of a licence shall be made to the Director-General in the prescribed manner and accompanied by the prescribed fee.

(3) The application shall be considered by the Director-General who may grant or refuse the application.

(3A) In considering whether to grant or refuse the application, the Director-General may consider the following:

(a) whether the applicant has been convicted or found guilty of an offence under this Act, the Prevention of Cruelty to Animals Act 1979 , the Animal Research Act 1985 , the National Parks and Wildlife Act 1974 , an instrument made under this Act or any of those Acts or any law of another State, a Territory or the Commonwealth relating to the keeping or protection of animals,

(b) whether the applicant has previously failed to comply with any term or condition of an authority held by the applicant,

(c) whether the applicant has previously held an authority that has been suspended or cancelled by the Director-General,

(d) the capacity of the applicant to comply with this Act and any prescribed standards,

(e) the capacity of the applicant to care for the animals,

(f) whether the applicant has made a statement or furnished information in connection with the application that was, in the opinion of the Director-General, false or misleading in a material particular,

(g) whether the applicant is a fit and proper person to hold the authority.

(3B) The Director-General must refuse to grant an application for the issue of an authority to a person if:

(a) the person is disqualified from holding an authority under this Act, or

(b) the person is a corporation and any officer of the corporation is disqualified from holding an authority under this Act.

(4) Where the application has not been granted or refused:

(a) within the period of 60 days after the making of the application, or

(b) within such longer period as may be agreed between the Director-General and the applicant,

the application shall be deemed (for the purposes only of any review) to have been refused.

(5) Where the application is granted, a licence, an approval or a permit, as the case may require, shall be issued by the Director-General.

(6) Where the Director-General refuses to grant an authority, the Director-General shall, as soon as practicable after so refusing, cause notice of the refusal, and of the reasons for the refusal, to be served on the applicant for the authority.

(7) In this section, an "officer" of a corporation means a director of the corporation or a person who is otherwise concerned in its management.