46Decision of Secretary in relation to licence application

#### 46 Decision of Secretary in relation to licence application 46 Decision of Secretary in relation to licence application (cf YCS Act, s 12) > > (1) The Secretary may, after considering an application for a boarding house licence (including any application probity checks or other matters required by the regulations), grant the licence or refuse to grant the licence. > > > (2) Without limiting subsection (1), the Secretary may refuse to grant a boarding house licence if the Secretary is of the opinion that— > > > > > (a) a person proposed as the licensee, an individual proposed as the approved manager or any close associate of the applicant is not a suitable person to be involved in the management or operation of an assisted boarding house, or > > > > > (b) the applicant does not have (or is unlikely to have) the financial capacity to operate the proposed licensed boarding house. > > > (3) The Secretary must refuse to grant a boarding house licence if the Secretary is of the opinion that (based on information obtained from application probity checks) any of the following persons has been convicted of a serious criminal offence— > > > > > (a) the applicant, > > > > > (b) an individual proposed as the approved manager, > > > > > (c) a proposed staff member, > > > > > (d) if the applicant is not a natural person—any person involved in the control or management of the applicant (such as a chief executive officer, director or majority shareholder of a corporation), > > > > > (e) if the applicant makes the application on behalf of an unincorporated body—any partner or member of the management committee or other office holder of the body, > > > > > (f) any other close associate of the applicant in respect of whom an application probity check has been required by the Secretary. > > > (4) The regulations may also specify mandatory or discretionary grounds for refusing the granting of a licence. > > > (5) As soon as practicable after the Secretary determines an application, the Secretary must serve the applicant with a notice stating whether the licence has been granted and, if it has been refused, the reasons for the refusal.