Victorian Consolidated Legislation

Meat Industry Act 1993 - SECT 18

Authority must refuse to grant licence in some cases

18. Authority must refuse to grant licence in some cases



(1) Despite section 17, the Authority must refuse to grant a licence if-

   (a)  the applicant has not complied with section 14; or

   (b)  the applicant has been convicted of an offence against this Act, the
        Livestock Disease Control Act 1994, the Abattoir and Meat Inspection
        Act 1973, the Poultry Processing Act 1968, the Health Act 1958, the
        Food Act 1984, the Dairy Act 2000 or the Seafood Safety Act 2003
        (including any regulation, code of practice or other subordinate
        instrument made under those Acts), if the Authority considers the
        gravity of the offence sufficient to justify refusal of the
        application; or

   (c)  the applicant has been convicted of an offence against an Act of the
        Commonwealth, or a State or a Territory of the Commonwealth, which
        corresponds to an Act referred to in paragraph (b), if the Authority
        considers the gravity of the offence sufficient to justify refusal of
        the application; or



   (d)  any site, structure, facilities or other thing to be used in
        connection with the meat processing facility do not comply with the
        prescribed minimum standards and the non-compliance is so serious as
        to warrant the refusal to grant the licence; or

   (e)  the Authority considers that-

   (i)  the application is inconsistent with any applicable planning scheme or
        statutory instrument concerning land use; or

   (ii) the location or site is unsuitable; or

   (f)  having regard to section 16 and to any other matters that are
        considered relevant, the Authority considers that-

   (i)  the applicant is not a fit and proper person to be granted a licence;
        or

   (ii) any operator nominated by the applicant is not a fit and proper person
        to be operator; or

   (g)  the applicant or the operator has outstanding debts to the Authority
        or to an approved inspection service which have not been repaid after
        reasonable demands and which are so substantial that the Authority
        reasonably considers refusal of the licence is justified; or

   (h)  the applicant has ceased to conduct a business of the nature specified
        in the application under section 14; or

        (i)    any other ground which is prescribed for the purposes of this
               section applies.





(2) Despite section 17, the Authority may refuse to grant a licence if-

   (a)  the applicant does not meet or comply with any requirement of this
        Act, the Health Act 1958 or the Food Act 1984 (including any
        regulation, code of practice or other subordinate instrument made
        under those Acts) that is applicable; and

   (b)  the Authority considers that the failure to meet or comply with the
        requirement is sufficient to justify its decision under this
        subsection-

other than where a failure to meet or comply with such a requirement is a
ground for refusal to grant a licence under subsection (1).