Recognition of agencies, persons, and classes of persons

Heading: inserted, on 31 August 2012, by section 10 of the Animal Products Amendment Act 2012 (2012 No 59).

101 Recognition of agencies

(1)

The Director-General may, on the application of a person, recognise that person as an agency that is responsible for the management and carrying out of specified functions and activities.

(2)

Before recognising an applicant, the Director-General must—

(a)

consider whether to impose a condition under section 111(1) requiring the applicant to manage or supply recognised persons to carry out some or all of the permissible functions and activities for which recognition is sought; and

(b)

be satisfied that the applicant is a fit and proper person to manage and carry out the permissible functions and activities for which recognition is sought.

(3)

In determining whether an applicant is a fit and proper person, the Director-General—

(a)

must take into account the following matters:

(i)

the competencies and resources of the applicant to manage and carry out the permissible functions and activities for which recognition is sought; and

(ii)

any specified conviction entered against the applicant or any director or manager of the applicant; and

(iii)

the applicant’s character and reputation, including, if appropriate, the character and reputation of the directors of the applicant or of those responsible for its management or control; and

(iv)

the applicant’s ability to maintain an appropriate degree of impartiality and independence in managing and carrying out the permissible functions and activities for which recognition is sought; and

(v)

any applicable requirements of this Act; and

(b)

may take into account any other matters that the Director-General considers relevant.

Section 101: replaced, on 31 August 2012, by section 10 of the Animal Products Amendment Act 2012 (2012 No 59).