Div 6AApproval of designated persons

Division 6A—Approval of designated persons 14B—Approval of designated persons (1) The licensee must ensure that each person who becomes a designated person has been approved by the Commissioner. (2) The licensee must, within 14 days after a person ceases to be a designated person, give the Commissioner written notice identifying the person and stating the date when, and the reason why, the person ceased to be a designated person. Maximum penalty: $50 000. (3) This section applies in relation to designated persons, other than directors of the licensee, subject to any limitation for the time being specified by the Commissioner by written notice to the licensee. (4) This section does not apply in respect of an administrator, controller or liquidator of the licensee who has assumed control over the business conducted under the licence or a person acting on the authority of such a person. (5) An application for the Commissioner's approval of a person to become a designated person in relation to the licensee— (a) must be in the form required by the Commissioner; and (b) must be supported by the information required by the Commissioner verified, if the Commissioner so requires, by statutory declaration; and (c) must be made by the licensee. (6) If a change of circumstances occurs after an application is made but before it is determined, the licensee must immediately give the Commissioner full details of the change. Maximum penalty: $75 000. (7) An application may be withdrawn by the licensee before the application is determined. (8) The Commissioner must not approve a person to become a designated person in relation to the licensee unless satisfied that the person is a fit and proper person to become a designated person in relation to the licensee. (9) A person is not a fit and proper person to become a designated person in relation to the licensee if— (a) the person has been found guilty or convicted of an offence as prescribed by the regulations; or (b) in the case of a body corporate— (i) the body corporate is a body corporate, or is a body corporate of a class, prescribed by the regulations; or (ii) the body corporate is a prescribed organisation; or (c) in the case of a natural person, the person— (i) is— (A) a member of a prescribed organisation; or (B) a close associate of a person who is a member of a prescribed organisation or is subject to a control order under the Serious and Organised Crime (Control) Act 2008; or (ii) is an insolvent under administration within the meaning of the Corporations Act 2001 of the Commonwealth. (9a) For the purpose of determining whether a person is a fit and proper person to become a designated person in relation to the licensee, the Commissioner— (a) may cause the person's photograph to be taken; and (b) may cause the person's fingerprints to be taken; and (c) may have regard to the following: (i) the corporate structure of the person; (ii) the person's financial background and resources; (iii) the person's reputation; (iv) the character, reputation and financial background of the person's close associates; (v) any representations made by the Minister; (vi) any other matters the Commissioner thinks fit. (10) The Commissioner must give the Commissioner of Police a copy of all applications made under this section and must allow the Commissioner of Police a reasonable opportunity to make representations on the application. (11) The Commissioner of Police must make available to the Commissioner information about criminal convictions and other information to which the Commissioner of Police has access relevant to whether the application should be granted. (11a) The Commissioner may, by instrument in writing, exempt the licensee from compliance with this section to an extent specified in the instrument of exemption. (12) In this section— prescribed organisation—the following are prescribed organisations: (a) a declared organisation within the meaning of the Serious and Organised Crime (Control) Act 2008; (b) a criminal organisation within the meaning of Division 1 or Division 2 of Part 3B of the Criminal Law Consolidation Act 1935; (c) any other organisation prescribed by the regulations for the purposes of this definition.