(1) An application for the issue, renewal or variation of an authority shall
be made to the Secretary in the prescribed manner and accompanied by the
prescribed fee.
(2) An application for the transfer of a licence shall be
made to the Secretary in the prescribed manner and accompanied by the
prescribed fee.
(3) The application shall be considered by the Secretary who
may grant or refuse the application.
(3A) In considering whether to grant or
refuse the application, the Secretary may consider the following--
(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 Secretary,
(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,
(e1)
any biosecurity risk (within the meaning of the Biosecurity Act 2015) that
arises from keeping the animals, and the capacity of the applicant to prevent,
eliminate or minimise that risk,
(f) whether the applicant has made a
statement or furnished information in connection with the application that
was, in the opinion of the Secretary, false or misleading in a material
particular,
(g) whether the applicant is a fit and proper person to hold the
authority,
(h) any other matter that the Secretary considers relevant.
(3B)
The Secretary 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 Secretary 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 Secretary.
(6) Where
the Secretary refuses to grant an authority, the Secretary 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.
