sec.210Disclosure of influential or benefiting parties

### sec.210 Disclosure of influential or benefiting parties At the time of making an application for— a repairer’s or service contractor’s licence—the applicant; or a renewal of a repairer’s or service contractor’s licence—the licensed repairer or licensed service contractor; must forward to or lodge with the commissioner an affidavit made under this section. An applicant or a licensed repairer or licensed service contractor who undergoes any change in circumstances in relation to information contained in the last affidavit forwarded or lodged under this section by the applicant or holder of the licence must, within 7 days of the change, forward to or lodge with the commissioner a fresh affidavit made under this section. Maximum penalty—100 penalty units. An affidavit under this section is to be made by— in the case of any applicant for or holder of the licence being an individual—that person; or in the case of any applicant for or holder of the licence being a body corporate— the principal executive officer of the body corporate; or if that officer does not have knowledge of the facts—some other person who has knowledge of the facts and who is authorised by the body corporate to make the affidavit. An affidavit under this section is to be in the approved form and must disclose— whether or not there is any person (other than, where the applicant or holder of the licence is a body corporate, the secretary, an executive officer, a member or shareholder of the body corporate carrying out the duties or exercising the normal rights the person has as such secretary, executive officer, member or shareholder) who will by any lease, agreement or arrangement be able to influence any decision made— in the case of the applicant or holder of the licence being an individual—by that person; or in the case of the applicant or holder of the licence being a body corporate—by the body corporate or the secretary or an executive officer of the body corporate; in relation to the performance of the general functions that are, or are to be, permitted by the licence; and whether or not there is any person other than the applicant or holder of the licence who by any lease, agreement or arrangement may expect any benefit from the applicant or holder in relation to the performance of the general functions that are, or are to be, permitted by the licence; and if there is any person able to influence as referred to in paragraph (a) or expect benefit as referred to in paragraph (b) — where any such person is an individual—the person’s full name, address and date of birth; and where any such person is a body corporate—the name of the body corporate and the full name, address and date of birth of the secretary and each executive officer of the body corporate; and full and correct particulars of the lease, agreement or arrangement; and in the case of the applicant or holder of the licence being a body corporate—the names of all persons who have a substantial holding in the body corporate. Despite subsection (4) , an affidavit under this section need not disclose anything that is prescribed for the purposes of this subsection. s 210 amd 1992 No. 35 sch; 1995 No. 58 s 4 sch 1 ; 1997 No. 24 s 61 sch ; 1999 No. 8 s 67 ; 1999 No. 77 s 156 ; 2001 No. 45 s 29 sch 3 ; 2012 No. 25 s 109 (1) (sec.210-ssec.1) At the time of making an application for— a repairer’s or service contractor’s licence—the applicant; or a renewal of a repairer’s or service contractor’s licence—the licensed repairer or licensed service contractor; must forward to or lodge with the commissioner an affidavit made under this section. (sec.210-ssec.2) An applicant or a licensed repairer or licensed service contractor who undergoes any change in circumstances in relation to information contained in the last affidavit forwarded or lodged under this section by the applicant or holder of the licence must, within 7 days of the change, forward to or lodge with the commissioner a fresh affidavit made under this section. Maximum penalty—100 penalty units. (sec.210-ssec.3) An affidavit under this section is to be made by— in the case of any applicant for or holder of the licence being an individual—that person; or in the case of any applicant for or holder of the licence being a body corporate— the principal executive officer of the body corporate; or if that officer does not have knowledge of the facts—some other person who has knowledge of the facts and who is authorised by the body corporate to make the affidavit. (sec.210-ssec.4) An affidavit under this section is to be in the approved form and must disclose— whether or not there is any person (other than, where the applicant or holder of the licence is a body corporate, the secretary, an executive officer, a member or shareholder of the body corporate carrying out the duties or exercising the normal rights the person has as such secretary, executive officer, member or shareholder) who will by any lease, agreement or arrangement be able to influence any decision made— in the case of the applicant or holder of the licence being an individual—by that person; or in the case of the applicant or holder of the licence being a body corporate—by the body corporate or the secretary or an executive officer of the body corporate; in relation to the performance of the general functions that are, or are to be, permitted by the licence; and whether or not there is any person other than the applicant or holder of the licence who by any lease, agreement or arrangement may expect any benefit from the applicant or holder in relation to the performance of the general functions that are, or are to be, permitted by the licence; and if there is any person able to influence as referred to in paragraph (a) or expect benefit as referred to in paragraph (b) — where any such person is an individual—the person’s full name, address and date of birth; and where any such person is a body corporate—the name of the body corporate and the full name, address and date of birth of the secretary and each executive officer of the body corporate; and full and correct particulars of the lease, agreement or arrangement; and in the case of the applicant or holder of the licence being a body corporate—the names of all persons who have a substantial holding in the body corporate. (sec.210-ssec.5) Despite subsection (4) , an affidavit under this section need not disclose anything that is prescribed for the purposes of this subsection. - (a) a repairer’s or service contractor’s licence—the applicant; or - (b) a renewal of a repairer’s or service contractor’s licence—the licensed repairer or licensed service contractor; - (a) in the case of any applicant for or holder of the licence being an individual—that person; or - (b) in the case of any applicant for or holder of the licence being a body corporate— (i) the principal executive officer of the body corporate; or (ii) if that officer does not have knowledge of the facts—some other person who has knowledge of the facts and who is authorised by the body corporate to make the affidavit. - (i) the principal executive officer of the body corporate; or - (ii) if that officer does not have knowledge of the facts—some other person who has knowledge of the facts and who is authorised by the body corporate to make the affidavit. - (i) the principal executive officer of the body corporate; or - (ii) if that officer does not have knowledge of the facts—some other person who has knowledge of the facts and who is authorised by the body corporate to make the affidavit. - (a) whether or not there is any person (other than, where the applicant or holder of the licence is a body corporate, the secretary, an executive officer, a member or shareholder of the body corporate carrying out the duties or exercising the normal rights the person has as such secretary, executive officer, member or shareholder) who will by any lease, agreement or arrangement be able to influence any decision made— (i) in the case of the applicant or holder of the licence being an individual—by that person; or (ii) in the case of the applicant or holder of the licence being a body corporate—by the body corporate or the secretary or an executive officer of the body corporate; - (i) in the case of the applicant or holder of the licence being an individual—by that person; or - (ii) in the case of the applicant or holder of the licence being a body corporate—by the body corporate or the secretary or an executive officer of the body corporate; - in relation to the performance of the general functions that are, or are to be, permitted by the licence; and - (b) whether or not there is any person other than the applicant or holder of the licence who by any lease, agreement or arrangement may expect any benefit from the applicant or holder in relation to the performance of the general functions that are, or are to be, permitted by the licence; and - (c) if there is any person able to influence as referred to in paragraph (a) or expect benefit as referred to in paragraph (b) — (i) where any such person is an individual—the person’s full name, address and date of birth; and (ii) where any such person is a body corporate—the name of the body corporate and the full name, address and date of birth of the secretary and each executive officer of the body corporate; and (iii) full and correct particulars of the lease, agreement or arrangement; and - (i) where any such person is an individual—the person’s full name, address and date of birth; and - (ii) where any such person is a body corporate—the name of the body corporate and the full name, address and date of birth of the secretary and each executive officer of the body corporate; and - (iii) full and correct particulars of the lease, agreement or arrangement; and - (d) in the case of the applicant or holder of the licence being a body corporate—the names of all persons who have a substantial holding in the body corporate. - (i) in the case of the applicant or holder of the licence being an individual—by that person; or - (ii) in the case of the applicant or holder of the licence being a body corporate—by the body corporate or the secretary or an executive officer of the body corporate; - (i) where any such person is an individual—the person’s full name, address and date of birth; and - (ii) where any such person is a body corporate—the name of the body corporate and the full name, address and date of birth of the secretary and each executive officer of the body corporate; and - (iii) full and correct particulars of the lease, agreement or arrangement; and