Australian Capital Territory Numbered Acts

PUBLIC HEALTH ACT 1997 (NO. 69 OF 1997) - SECT 37

37. (1) Where an application for the transfer of an activity licence has been made in accordance with section 36, the Minister shall, subject to this section, by notice in writing to each applicant—

        (a)     approve the transfer; or

        (b)     refuse to approve the transfer.

(2) In association with the transfer of a licence, the Minister may vary the term of the licence.

(3) For the purposes of making a decision under subsection (1) or (2), the Minister shall have regard to the following matters:

        (a)     the competence and experience of the proposed transferee and of any defined influential person in relation to the proposed transferee;

        (b)     the adequacy of the equipment proposed to be used by the proposed transferee for the carrying on or performance in accordance with any applicable Code of Practice of the public health risk activity or of any associated public health risk procedure;

        (c)     any previous contravention by the proposed transferee or any defined influential person in relation to the proposed transferee with this Act or a corresponding public health risk law;

        (d)     any other matters that, in the interests of public health, the Minister believes to be relevant.

(4) The transfer of a licence takes effect on the date of receipt by the transferee of the notice of decision under subsection (1), or on such later date as is specified in the notice.

(5) The Minister shall return a licence that is the subject of an application for transfer—

        (a)     if the application is approved—to the proposed transferee, unless a delay in the transfer's coming into effect makes it more convenient to return the licence to the existing licensee; or

        (b)     in any other case—to the existing licensee;

together with the notice of decision.