Division 3Division 3 Determination of applications
43 Provision of further information and supporting evidence
(1) The relevant registration authority may serve notice on an applicant requiring the applicant to provide:(a) such information further to the original information contained in the application, and(b) such documentary or other evidence (such as a photograph of the applicant) in support of the original or further information,as the authority may require to enable it to deal with the application.Note. Part 4A makes special provision for photographic identification for some registration.(2) In particular, the relevant registration authority may require an applicant to provide:(a) details of any offence for which the applicant has been convicted or found guilty in this State or elsewhere (together with details of any penalty imposed for the offence), and(b) details of any criminal proceedings pending against the applicant in this State or elsewhere.(3) If the applicant fails to comply with the requirements of a notice referred to in subsection (1) within 14 days after the notice is served, the relevant registration authority may refuse the application without dealing with it any further.(4) The refusal of an application under this section entitles the applicant to a refund of fees under section 51 but not to a right of review under section 52.
44 Advertising of applications
(1) This section applies to any application that, pursuant to the relevant registration legislation, is required to be advertised.(2) Notice of such an application must be published in at least one daily newspaper circulating throughout New South Wales:(a) by the applicant, or(b) by the relevant registration authority,as the relevant registration legislation requires.(3) The notice must indicate:(a) that any person may make submissions to the relevant registration authority with respect to the application, and(b) the procedure by which, and the date before which, any such submission must be lodged.(4) The date referred to in subsection (3) (b) may be any date occurring not earlier than 14 days, and not later than 28 days, after the date on which notice is first published under this section.
(1) An applicant may withdraw an application at any time before a certificate of registration is issued under section 49.(2) The withdrawal of an application under this section entitles the applicant to a refund of fees under section 51.
46 Period within which applications to be dealt with
(1) For the purpose of enabling an applicant to exercise any rights of appeal or review, a registration authority is taken to have made a decision to refuse the application if it has failed to determine the application within 28 days after the application is made.(2) A registration authority’s failure to determine an application within the period referred to in subsection (1) does not prevent the authority from continuing to deal with the application after that period has expired.(3) In calculating a period referred to in subsection (1), the following periods are to be excluded:(a) any period between:(i) the date on which a request for further information or supporting evidence is made under section 43, and(ii) the date on which that further information or supporting evidence is furnished,(b) any period between:(i) the date on which a notice is published under section 44 with respect to the application, and(ii) the date fixed by the notice as the date by which any submission with respect to the application must be lodged,(c) in the case of an application that the relevant registration authority is required to refer to some other person or body for consideration, whether under the relevant registration legislation or otherwise, any period (not exceeding 14 days) between:(i) the date on which the authority refers the application to that other person or body, and(ii) the date on which the authority receives a response to that reference from that other person or body,(d) in the case of an application with respect to a person whom the relevant registration authority has referred for assessment (whether or not to some other person or body) in connection with the determination of the application, any period between:(i) the date on which the authority refers the applicant for assessment, and(ii) the date on which the authority obtains or receives the results of the assessment.
(1) A registration authority may make either of the following decisions with respect to an application:(a) a decision to grant the application, either unconditionally or subject to such conditions as are authorised or required by the relevant registration legislation,(b) a decision to refuse the application.(2) Before making its decision with respect to an advertised application, the registration authority must have regard to such submissions as have been made in accordance with section 44.
48 Notice of decision on applications
(1) A registration authority must cause notice of its decision under section 47 on an application to be served on the applicant and (in the case of an advertised application to which any objection has been made) on each objector within 14 days after the decision is made.(2) If the decision is that the application is granted but the relevant registration legislation requires payment of any fee in connection with registration before a certificate of registration is issued under section 49, the notice must indicate the amount of the fee to be paid.(3) As soon as practicable after an applicant or (in the case of an advertised application to which any objection has been made) an objector so requests, the relevant registration authority must cause notice of the reasons for its decision to be served on the applicant or objector.(4) Subsection (3) does not apply to any decision in respect of which there is a right of review by the Administrative Decisions Tribunal under section 52.
49 Issue of certificate of registration
(1) A registration authority that grants an application for registration:(a) must record the following particulars in the relevant register:(i) the name of the registered person,(ii) the kind of registration it is, whether by reference to the provision of the relevant registration legislation or otherwise,(iii) the authority conferred by registration and (in the case of registration that is subject to discretionary conditions) a statement to that effect,(iv) the date on which registration comes into force and (in the case of fixed-term registration) the date on which registration expires, and(b) must record in the relevant register such other particulars as the relevant registration legislation requires to be recorded in the register, and(c) may record in the relevant register such other particulars as the relevant registration legislation authorises to be recorded in the register, and(d) must issue a certificate of registration to the applicant.(2) The certificate of registration is to be issued:(a) if the relevant registration legislation requires payment of any fee in connection with registration before the certificate is issued, on payment of the fee, or(b) in any other case, when notice of the decision is served on the applicant as referred to in section 48.(3) A certificate of registration:(a) must be in a form approved by the registration authority, and(b) must include the following particulars:(i) a unique identifier,(ii) the particulars recorded in the register under subsection (1) (a), and(c) may include such other particulars as the registration authority considers appropriate to include in the certificate.(4) The registration authority may issue replacement certificates of registration not only in response to an application by the registered person under Division 2 but also whenever there is a change in the particulars recorded in the register under subsection (1) (a) in relation to the registered person.(5) A certificate of registration may indicate the kind of registration it refers to, and the authority conferred by registration, by reference to words, codes or symbols prescribed for that purpose by the relevant registration legislation.(6) A single document may contain one or more certificates of registration together with one or more licences under Part 2.
(1) Subject to subsection (2), registration comes into force:(a) on the date on which the relevant certificate of registration is issued, or(b) on such other date (whether earlier or later) as is specified in the certificate.(2) Renewed (but not restored) registration comes into force, or is taken to have come into force, on the date following the expiry date of the registration it renews.(3) Registration that comes into force before the date on which the relevant certificate of registration is issued has effect in relation to the period before that date for the purposes only of this Act and the relevant registration legislation.(4) Unless sooner cancelled, fixed-term registration remains in force for such period as is specified in the relevant certificate of registration.(5) If an application for renewal of registration is made before the date on which registration would otherwise expire, registration remains in force, for the purposes only of this Act and the relevant registration legislation, until the date on which the applicant is notified of the relevant registration authority’s decision on the application.(6) Subsection (5) does not affect any requirements (such as requirements as to insurance) that must be complied with by a registered person under the relevant registration legislation.(7) Without limiting any other circumstances in which registration may be cancelled, registration is taken to be cancelled for the purposes of this section if the registered person surrenders the relevant certificate of registration together with a notice to the effect that the registered person intends that registration be cancelled.(8) Subject to subsection (7), nothing in this section authorises the suspension or cancellation of registration.
All fees paid in connection with an application that is refused (other than any processing fee) are to be refunded to the applicant.
(1) An applicant who is aggrieved by the relevant registration authority’s decision to refuse the application, or to grant the application subject to discretionary conditions, may apply for a review of the decision:(a) to the extent to which the relevant registration legislation provides the applicant with a right of appeal or review, in accordance with the right so provided, or(b) to the extent to which the relevant registration legislation does not provide the applicant with such a right, to the Administrative Decisions Tribunal.(2) An objector who is aggrieved by the relevant registration authority’s decision to grant an advertised application, either generally or because the authority has failed to impose particular discretionary conditions, may apply for a review of the decision:(a) to the extent to which the relevant registration legislation provides the objector with a right of appeal or review, in accordance with the right so provided, or(b) to the extent to which the relevant registration legislation does not provide the objector with such a right, to the Administrative Decisions Tribunal.(3) For the purposes of section 67 (2) (e) of the Administrative Decisions Tribunal Act 1997, the parties to proceedings before the Administrative Decisions Tribunal on a review arising under subsection (1) (b) or (2) (b) include, in the case of an advertised application in respect of which any submission has been duly made under section 44, any objector who, in accordance with rules of the Tribunal, gives notice to the Tribunal of the objector’s wish to become a party to the appeal.