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ANIMAL PROTECTION ACT 2018 (NO 25 OF 2018) - SECT 42 Consideration of application

ANIMAL PROTECTION ACT 2018 (NO 25 OF 2018) - SECT 42

Consideration of application

    (1)     The CEO must not register an applicant unless satisfied that the applicant:

    (a)     is a fit and proper person to be registered; and

    (b)     is competent in relation to the care and handling of animals; and

    (c)     has the competency to comply with the scientific use code.

    (2)     A reference in subsection (1) to an applicant, if the applicant is a body corporate, includes:

    (a)     in the case of subsection (1)(a) – a reference to the executive officers of the body corporate; and

    (b)     in the case of subsection (1)(b) and (c) – a reference to the staff of the body corporate.

    (3)     In considering the application, the CEO must take into account:

    (a)     whether the applicant was involved in a disqualifying event; and

    (b)     if the applicant is a body corporate – whether any of the following were involved in a disqualifying event:

        (i)     any of its executive officers;

        (ii)     another body corporate of which any of its executive officers are, or have been, an executive officer; and

    (c)     any matter specified in the CEO guidelines; and

    (d)     any other matter the CEO considers relevant to the application.

    (4)     In this section:

"disqualifying event" means:

    (a)     a finding of guilt for an animal welfare offence; or

    (b)     the suspension or cancellation of a registration under section  47 or an approval under section  65 ; or

    (c)     the suspension or cancellation, under a corresponding law, of:

        (i)     an authority, instrument, licence, permit or registration (however called) that is the same as, or similar to, a registration under this Part under a section that corresponds to section 47 ; or

        (ii)     an approval that is the same as, or similar to, an approval under this Part under a section that corresponds to section 65 ; or

    (d)     the cancellation or suspension of a licence or permit under Part 5 of the former Act.