New South Wales Consolidated Acts

HUMAN TISSUE ACT 1983 - SECT 21I

21I Issue of authorisations etc

(1) The Secretary may refuse to issue an authorisation applied for under section 21H on the ground that:

(a) the application does not contain or is not accompanied by the prescribed particulars,

(b) the applicant, or any person who is to be concerned in the management of the business proposed to be carried on by the applicant, is not a fit and proper person to carry on or be concerned in the management of the business of supplying semen,

(c) the persons or any of the persons proposed to be employed in the business proposed to be carried on by the applicant do not hold the prescribed qualifications in relation to particular functions to be performed in connection with that business,

(d) the premises at which it is proposed to carry on the business do not satisfy the prescribed requirements or will contravene prescribed restrictions,

(e) the Secretary is of the opinion that the health of the community would be jeopardised, or

(f) the Secretary is of the opinion that the applicant would, if issued with an authorisation, be unable to comply with the prescribed conditions applicable to the authorisation,

but otherwise the Secretary must issue an authorisation.

(2) If the Secretary refuses to issue an authorisation applied for under section 21H, the Secretary must notify the applicant in writing of the refusal and the grounds on which it is based.

(3) An authorisation is subject to such conditions and restrictions as are prescribed or as are imposed under subsection (4).

(4) In issuing an authorisation, the Secretary may impose such conditions and restrictions, not inconsistent with this Part or the regulations, as appear to be necessary to maintain the health of the community.

(5) An authorisation shall remain in force on and from the date of its issue until revoked by the Secretary.

(6) The Secretary shall not refuse to issue an authorisation without giving the applicant for the authorisation an opportunity to be heard.