sec.182Disclosure affidavits about persons having influence or receiving benefits

### sec.182 Disclosure affidavits about persons having influence or receiving benefits This section applies to each of the following affidavits (a disclosure affidavit )— an affidavit required by section 115 (3) to accompany an application made by a person for a supplier’s licence; an affidavit required by section 118 to be given to the commissioner by an applicant for a supplier’s licence; an affidavit required by section 130 to accompany an application for renewal of a supplier’s licence made by the licensed supplier; an affidavit required by section 154 to be given to the commissioner by a licensed supplier. In this section, a reference to the responsible body is a reference to each of the following— a person mentioned in subsection (1) (a) ; an applicant mentioned in subsection (1) (b) ; a licensed supplier mentioned in subsection (1) (c) or (d) . The affidavit must be in the approved form and made by— the principal executive officer of the responsible body; or if the principal executive officer does not have knowledge of the relevant facts—another person who has the knowledge and is authorised by the responsible body to make the affidavit. The affidavit must disclose the following— whether or not a person (other than an authorised involved person of the responsible body) may, under an agreement, be able to influence a decision made by the responsible body, or the secretary or an executive officer of the responsible body, about the performance of the general functions that are, or are to be, permitted by the supplier’s licence; whether or not a person (other than the responsible body) may, under an agreement, expect to receive a benefit from the responsible body because of the performance of the general functions that are, or are to be, permitted by the supplier’s licence; the names of all persons who have a substantial holding in the responsible body. Also, if there is a person who satisfies a description mentioned in subsection (4) (a) or (b) , the affidavit must disclose— if the person is an individual—the person’s name, address and date of birth; and if the person is a body corporate— the body corporate’s name; and the name, address and date of birth of the secretary and each executive officer of the body corporate; and full and correct particulars of the agreement. Despite subsections (4) and (5) , the affidavit need not disclose anything prescribed under a regulation as being exempt from the operation of this section. In this section— agreement includes a lease or arrangement. authorised involved person , of a responsible body, means the secretary, or an executive officer, member or shareholder, of the responsible body carrying out the duties, or exercising the normal rights, the person has in that capacity. s 182 (prev s 72ZZ) ins 1997 No. 24 s 13 renum 1999 No. 8 s 52 amd 1999 No. 77 s 3 sch 1 ; 2001 No. 45 s 29 sch 3 ; 2002 No. 43 s 112 sch 2 ; 2012 No. 25 s 109 (1) (sec.182-ssec.1) This section applies to each of the following affidavits (a disclosure affidavit )— an affidavit required by section 115 (3) to accompany an application made by a person for a supplier’s licence; an affidavit required by section 118 to be given to the commissioner by an applicant for a supplier’s licence; an affidavit required by section 130 to accompany an application for renewal of a supplier’s licence made by the licensed supplier; an affidavit required by section 154 to be given to the commissioner by a licensed supplier. (sec.182-ssec.2) In this section, a reference to the responsible body is a reference to each of the following— a person mentioned in subsection (1) (a) ; an applicant mentioned in subsection (1) (b) ; a licensed supplier mentioned in subsection (1) (c) or (d) . (sec.182-ssec.3) The affidavit must be in the approved form and made by— the principal executive officer of the responsible body; or if the principal executive officer does not have knowledge of the relevant facts—another person who has the knowledge and is authorised by the responsible body to make the affidavit. (sec.182-ssec.4) The affidavit must disclose the following— whether or not a person (other than an authorised involved person of the responsible body) may, under an agreement, be able to influence a decision made by the responsible body, or the secretary or an executive officer of the responsible body, about the performance of the general functions that are, or are to be, permitted by the supplier’s licence; whether or not a person (other than the responsible body) may, under an agreement, expect to receive a benefit from the responsible body because of the performance of the general functions that are, or are to be, permitted by the supplier’s licence; the names of all persons who have a substantial holding in the responsible body. (sec.182-ssec.5) Also, if there is a person who satisfies a description mentioned in subsection (4) (a) or (b) , the affidavit must disclose— if the person is an individual—the person’s name, address and date of birth; and if the person is a body corporate— the body corporate’s name; and the name, address and date of birth of the secretary and each executive officer of the body corporate; and full and correct particulars of the agreement. (sec.182-ssec.6) Despite subsections (4) and (5) , the affidavit need not disclose anything prescribed under a regulation as being exempt from the operation of this section. (sec.182-ssec.7) In this section— agreement includes a lease or arrangement. authorised involved person , of a responsible body, means the secretary, or an executive officer, member or shareholder, of the responsible body carrying out the duties, or exercising the normal rights, the person has in that capacity. - (a) an affidavit required by section 115 (3) to accompany an application made by a person for a supplier’s licence; - (b) an affidavit required by section 118 to be given to the commissioner by an applicant for a supplier’s licence; - (c) an affidavit required by section 130 to accompany an application for renewal of a supplier’s licence made by the licensed supplier; - (d) an affidavit required by section 154 to be given to the commissioner by a licensed supplier. - (a) a person mentioned in subsection (1) (a) ; - (b) an applicant mentioned in subsection (1) (b) ; - (c) a licensed supplier mentioned in subsection (1) (c) or (d) . - (a) the principal executive officer of the responsible body; or - (b) if the principal executive officer does not have knowledge of the relevant facts—another person who has the knowledge and is authorised by the responsible body to make the affidavit. - (a) whether or not a person (other than an authorised involved person of the responsible body) may, under an agreement, be able to influence a decision made by the responsible body, or the secretary or an executive officer of the responsible body, about the performance of the general functions that are, or are to be, permitted by the supplier’s licence; - (b) whether or not a person (other than the responsible body) may, under an agreement, expect to receive a benefit from the responsible body because of the performance of the general functions that are, or are to be, permitted by the supplier’s licence; - (c) the names of all persons who have a substantial holding in the responsible body. - (a) if the person is an individual—the person’s name, address and date of birth; and - (b) if the person is a body corporate— (i) the body corporate’s name; and (ii) the name, address and date of birth of the secretary and each executive officer of the body corporate; and - (i) the body corporate’s name; and - (ii) the name, address and date of birth of the secretary and each executive officer of the body corporate; and - (c) full and correct particulars of the agreement. - (i) the body corporate’s name; and - (ii) the name, address and date of birth of the secretary and each executive officer of the body corporate; and