sec.198Applications for licences under this part

### sec.198 Applications for licences under this part This section deals with applications for repairers’, service contractors’, gaming nominees’ and key monitoring employees’ licences. An application for a repairer’s, gaming nominee’s or key monitoring employee’s licence may only be made by an individual. An application for a service contractor’s licence may be made by an individual or body corporate. An application under this part— is to be made in the approved form; and in the case of an application by an individual—must be signed by the applicant; and in the case of an application by a body corporate—must be signed in the appropriate way; and is to state the full name, address and date of birth— in the case of an application by an individual—of the applicant; and in the case of an application by a body corporate—of the secretary and each executive officer of the body corporate; and in the case of an application for a repairer’s, gaming nominee’s or key monitoring employee’s licence—is to be accompanied by photographs of the applicant, of such type and number as are determined by the commissioner and certified in such way as is so determined; and in the case of an application by a body corporate—is to be accompanied by— a copy of the certificate of incorporation of the body corporate; and a copy of the memorandum and articles of association, rules, constitution or other incorporating documents in force at the time of making the application certified as a true copy by the secretary of the body corporate or other person properly authorised to certify by the body corporate; and unless the body corporate is a company that has only 1 director—a copy of the resolution or minute of the proceedings of the governing body of the body corporate by which approval was given to the making of the application, certified as a true copy by the person certifying the copy of the matters referred to in subparagraph (ii) ; and a copy of the last audited balance sheet or statement of the financial affairs of the body corporate; and in the case of an application for a repairer’s licence, or an application for a key monitoring employee’s licence made by a person who is not a key officer for a licensed monitoring operator—must be accompanied by an employment notice for the application; and in the case of an application for a gaming nominee’s licence—must be accompanied by— a notice in the approved form from a licensee nominating the applicant to be the licensee’s nominee for licensed premises of the licensee; and evidence that the commissioner considers on reasonable grounds shows the applicant has successfully completed an approved training course; and in the case of an application for a repairer’s or service contractor’s licence—is to be accompanied by an affidavit under section 210 ; and is to contain or be accompanied by such other information, records, reports, documents and writings relating to the application and applicant as are determined by the commissioner; and is to be forwarded to or lodged with the commissioner; and is to be accompanied by the fee prescribed. Subsection (4) (g) does not apply to an application if the applicant intends, on the issue of a repairer’s licence, to carry on the business of a licensed repairer in the applicant’s own right. For subsection (4) (c) , an application for a licence under this part made by a body corporate is signed in the appropriate way— if it is signed— by at least 2 of its executive officers authorised to sign by the body corporate; or if there is only 1 executive officer of the body corporate—by the officer; or if the commissioner considers, for a body corporate having at least 2 executive officers, that paragraph (a) can not reasonably be complied with—if it is signed in the way the commissioner considers appropriate. In this section— employment notice , for an application for a key monitoring employee’s licence, means a notice that— is given by a licensed monitoring operator; and states that the operator intends to employ the applicant as a licensed key monitoring employee, subject to the applicant being issued with a key monitoring employee’s licence. employment notice , for an application for a repairer’s licence, means a notice that— is given by a licensed monitoring operator, licensed repairer or licensed service contractor; and states that the operator, repairer or service contractor intends to employ the applicant as a licensed repairer, subject to the applicant being issued with a repairer’s licence. s 198 prev s 198 amd 1992 No. 35 sch om 2000 No. 5 s 461 sch 3 pres s 198 amd 1995 No. 58 s 4 sch 1 ; 1997 No. 24 ss 17 , 61 sch sub 1999 No. 8 s 59 amd 1999 No. 38 s 61 ; 1999 No. 77 ss 77 , 3 sch 1 ; 2005 No. 12 s 42 ; 2012 No. 25 ss 26 , 109 (1) (sec.198-ssec.1) This section deals with applications for repairers’, service contractors’, gaming nominees’ and key monitoring employees’ licences. (sec.198-ssec.2) An application for a repairer’s, gaming nominee’s or key monitoring employee’s licence may only be made by an individual. (sec.198-ssec.3) An application for a service contractor’s licence may be made by an individual or body corporate. (sec.198-ssec.4) An application under this part— is to be made in the approved form; and in the case of an application by an individual—must be signed by the applicant; and in the case of an application by a body corporate—must be signed in the appropriate way; and is to state the full name, address and date of birth— in the case of an application by an individual—of the applicant; and in the case of an application by a body corporate—of the secretary and each executive officer of the body corporate; and in the case of an application for a repairer’s, gaming nominee’s or key monitoring employee’s licence—is to be accompanied by photographs of the applicant, of such type and number as are determined by the commissioner and certified in such way as is so determined; and in the case of an application by a body corporate—is to be accompanied by— a copy of the certificate of incorporation of the body corporate; and a copy of the memorandum and articles of association, rules, constitution or other incorporating documents in force at the time of making the application certified as a true copy by the secretary of the body corporate or other person properly authorised to certify by the body corporate; and unless the body corporate is a company that has only 1 director—a copy of the resolution or minute of the proceedings of the governing body of the body corporate by which approval was given to the making of the application, certified as a true copy by the person certifying the copy of the matters referred to in subparagraph (ii) ; and a copy of the last audited balance sheet or statement of the financial affairs of the body corporate; and in the case of an application for a repairer’s licence, or an application for a key monitoring employee’s licence made by a person who is not a key officer for a licensed monitoring operator—must be accompanied by an employment notice for the application; and in the case of an application for a gaming nominee’s licence—must be accompanied by— a notice in the approved form from a licensee nominating the applicant to be the licensee’s nominee for licensed premises of the licensee; and evidence that the commissioner considers on reasonable grounds shows the applicant has successfully completed an approved training course; and in the case of an application for a repairer’s or service contractor’s licence—is to be accompanied by an affidavit under section 210 ; and is to contain or be accompanied by such other information, records, reports, documents and writings relating to the application and applicant as are determined by the commissioner; and is to be forwarded to or lodged with the commissioner; and is to be accompanied by the fee prescribed. (sec.198-ssec.5) Subsection (4) (g) does not apply to an application if the applicant intends, on the issue of a repairer’s licence, to carry on the business of a licensed repairer in the applicant’s own right. (sec.198-ssec.6) For subsection (4) (c) , an application for a licence under this part made by a body corporate is signed in the appropriate way— if it is signed— by at least 2 of its executive officers authorised to sign by the body corporate; or if there is only 1 executive officer of the body corporate—by the officer; or if the commissioner considers, for a body corporate having at least 2 executive officers, that paragraph (a) can not reasonably be complied with—if it is signed in the way the commissioner considers appropriate. (sec.198-ssec.7) In this section— employment notice , for an application for a key monitoring employee’s licence, means a notice that— is given by a licensed monitoring operator; and states that the operator intends to employ the applicant as a licensed key monitoring employee, subject to the applicant being issued with a key monitoring employee’s licence. employment notice , for an application for a repairer’s licence, means a notice that— is given by a licensed monitoring operator, licensed repairer or licensed service contractor; and states that the operator, repairer or service contractor intends to employ the applicant as a licensed repairer, subject to the applicant being issued with a repairer’s licence. - (a) is to be made in the approved form; and - (b) in the case of an application by an individual—must be signed by the applicant; and - (c) in the case of an application by a body corporate—must be signed in the appropriate way; and - (d) is to state the full name, address and date of birth— (i) in the case of an application by an individual—of the applicant; and (ii) in the case of an application by a body corporate—of the secretary and each executive officer of the body corporate; and - (i) in the case of an application by an individual—of the applicant; and - (ii) in the case of an application by a body corporate—of the secretary and each executive officer of the body corporate; and - (e) in the case of an application for a repairer’s, gaming nominee’s or key monitoring employee’s licence—is to be accompanied by photographs of the applicant, of such type and number as are determined by the commissioner and certified in such way as is so determined; and - (f) in the case of an application by a body corporate—is to be accompanied by— (i) a copy of the certificate of incorporation of the body corporate; and (ii) a copy of the memorandum and articles of association, rules, constitution or other incorporating documents in force at the time of making the application certified as a true copy by the secretary of the body corporate or other person properly authorised to certify by the body corporate; and (iii) unless the body corporate is a company that has only 1 director—a copy of the resolution or minute of the proceedings of the governing body of the body corporate by which approval was given to the making of the application, certified as a true copy by the person certifying the copy of the matters referred to in subparagraph (ii) ; and (iv) a copy of the last audited balance sheet or statement of the financial affairs of the body corporate; and - (i) a copy of the certificate of incorporation of the body corporate; and - (ii) a copy of the memorandum and articles of association, rules, constitution or other incorporating documents in force at the time of making the application certified as a true copy by the secretary of the body corporate or other person properly authorised to certify by the body corporate; and - (iii) unless the body corporate is a company that has only 1 director—a copy of the resolution or minute of the proceedings of the governing body of the body corporate by which approval was given to the making of the application, certified as a true copy by the person certifying the copy of the matters referred to in subparagraph (ii) ; and - (iv) a copy of the last audited balance sheet or statement of the financial affairs of the body corporate; and - (g) in the case of an application for a repairer’s licence, or an application for a key monitoring employee’s licence made by a person who is not a key officer for a licensed monitoring operator—must be accompanied by an employment notice for the application; and - (h) in the case of an application for a gaming nominee’s licence—must be accompanied by— (i) a notice in the approved form from a licensee nominating the applicant to be the licensee’s nominee for licensed premises of the licensee; and (ii) evidence that the commissioner considers on reasonable grounds shows the applicant has successfully completed an approved training course; and - (i) a notice in the approved form from a licensee nominating the applicant to be the licensee’s nominee for licensed premises of the licensee; and - (ii) evidence that the commissioner considers on reasonable grounds shows the applicant has successfully completed an approved training course; and - (i) in the case of an application for a repairer’s or service contractor’s licence—is to be accompanied by an affidavit under section 210 ; and - (j) is to contain or be accompanied by such other information, records, reports, documents and writings relating to the application and applicant as are determined by the commissioner; and - (k) is to be forwarded to or lodged with the commissioner; and - (l) is to be accompanied by the fee prescribed. - (i) in the case of an application by an individual—of the applicant; and - (ii) in the case of an application by a body corporate—of the secretary and each executive officer of the body corporate; and - (i) a copy of the certificate of incorporation of the body corporate; and - (ii) a copy of the memorandum and articles of association, rules, constitution or other incorporating documents in force at the time of making the application certified as a true copy by the secretary of the body corporate or other person properly authorised to certify by the body corporate; and - (iii) unless the body corporate is a company that has only 1 director—a copy of the resolution or minute of the proceedings of the governing body of the body corporate by which approval was given to the making of the application, certified as a true copy by the person certifying the copy of the matters referred to in subparagraph (ii) ; and - (iv) a copy of the last audited balance sheet or statement of the financial affairs of the body corporate; and - (i) a notice in the approved form from a licensee nominating the applicant to be the licensee’s nominee for licensed premises of the licensee; and - (ii) evidence that the commissioner considers on reasonable grounds shows the applicant has successfully completed an approved training course; and - (a) if it is signed— (i) by at least 2 of its executive officers authorised to sign by the body corporate; or (ii) if there is only 1 executive officer of the body corporate—by the officer; or - (i) by at least 2 of its executive officers authorised to sign by the body corporate; or - (ii) if there is only 1 executive officer of the body corporate—by the officer; or - (b) if the commissioner considers, for a body corporate having at least 2 executive officers, that paragraph (a) can not reasonably be complied with—if it is signed in the way the commissioner considers appropriate. - (i) by at least 2 of its executive officers authorised to sign by the body corporate; or - (ii) if there is only 1 executive officer of the body corporate—by the officer; or - (a) is given by a licensed monitoring operator; and - (b) states that the operator intends to employ the applicant as a licensed key monitoring employee, subject to the applicant being issued with a key monitoring employee’s licence. - (a) is given by a licensed monitoring operator, licensed repairer or licensed service contractor; and - (b) states that the operator, repairer or service contractor intends to employ the applicant as a licensed repairer, subject to the applicant being issued with a repairer’s licence.