New South Wales Repealed Acts

This legislation has been repealed.

FARM PRODUCE ACT 1983 - SECT 9

9 Licences

(1) A person who:

(a) in the case of a person other than a corporation, is:

(i) of or above the age of 18 years, and

(ii) not disqualified from holding a licence, or

(b) in the case of a corporation, is not disqualified from holding a licence,

may, subject to subsection (2), make an application to the registrar for the grant of a licence.

(2) An application under subsection (1) may not be made by a licensee earlier than 60 days before the expiration of the current licence period.

(3) An application by a person under subsection (1) shall be:

(a) in or to the effect of the prescribed form, and

(b) accompanied by:

(i) the prescribed fee, and

(ii) in the case of an application by a person who is not a licensee, a notification specifying the place or places which will be the registered office of the applicant if the licence applied for is granted.

(4) On receipt of an application under subsection (1):

(a) where the registrar is satisfied that:

(i) the applicant is entitled under subsection (1) to make the application,

(ii) the registrar has been furnished with an indemnity in a form, and from a person, approved by the registrar which is, in accordance with section 11, adequate security in respect of the applicant,

(iii) the application complies with the requirements of subsection (3), and

(iv) in the case of an application by a person who is not a licensee, the proposed registered office will provide adequate protection from risk of damage or loss of the books, documents and other records required to be kept by or under this Act,

the registrar shall grant a licence to the applicant, and

(b) where the registrar is not so satisfied, the registrar shall:

(i) by notice in writing served on the applicant for the licence, inform the applicant that the registrar proposes to refuse to grant the licence and of the registrar’s reasons for doing so, and

(ii) allow the applicant a period of 14 days to show cause why the licence should be granted.

(5) Where, within the period allowed under subsection (4) (b) (ii), an applicant has not shown sufficient cause why a licence should be granted to the applicant, the registrar may refuse to grant a licence to the applicant.