sec.341ARestriction on membership of management committee or board

### sec.341A Restriction on membership of management committee or board This section applies to each of the following persons— a lessor of a category 2 licensee’s licensed premises; a person who is a creditor of a category 2 licensee; a person who— has entered into an agreement or an arrangement with a category 2 licensee about the management of the licensee’s business or operations; or is responsible for the day to day management of the operation of a category 2 licensee’s licensed premises; a person who is an associate of a person mentioned in paragraph (a) , (b) or (c) . The person must not hold office as a member of the category 2 licensee’s management committee or board, unless— the person is nominated or otherwise chosen as a member of the licensee’s management committee or board, under the category 2 licensee’s relevant rules, by a related entity of the licensee; or the commissioner authorises the person to be a member of the management committee or board. Maximum penalty—200 penalty units. The commissioner must not authorise the person to be a member of the category 2 licensee’s management committee or board unless— the licensee asks the commissioner to give the authorisation; and the commissioner considers it is in the best interests of the licensee to give the authorisation. The commissioner must, as soon as practicable after giving an authorisation for subsection (2) (b) , give and maintain notice of the authorisation on the department’s website. In this section— related entity , of a category 2 licensee, means a voluntary association of persons from which the licensee was formed. relevant rules , of a category 2 licensee, means the memorandum and articles of association, rules, constitution or other incorporating documents of the licensee. s 341A ins 2004 No. 21 s 58 amd 2008 No. 2 s 63 ; 2012 No. 25 s 109 (1) (sec.341A-ssec.1) This section applies to each of the following persons— a lessor of a category 2 licensee’s licensed premises; a person who is a creditor of a category 2 licensee; a person who— has entered into an agreement or an arrangement with a category 2 licensee about the management of the licensee’s business or operations; or is responsible for the day to day management of the operation of a category 2 licensee’s licensed premises; a person who is an associate of a person mentioned in paragraph (a) , (b) or (c) . (sec.341A-ssec.2) The person must not hold office as a member of the category 2 licensee’s management committee or board, unless— the person is nominated or otherwise chosen as a member of the licensee’s management committee or board, under the category 2 licensee’s relevant rules, by a related entity of the licensee; or the commissioner authorises the person to be a member of the management committee or board. Maximum penalty—200 penalty units. (sec.341A-ssec.3) The commissioner must not authorise the person to be a member of the category 2 licensee’s management committee or board unless— the licensee asks the commissioner to give the authorisation; and the commissioner considers it is in the best interests of the licensee to give the authorisation. (sec.341A-ssec.4) The commissioner must, as soon as practicable after giving an authorisation for subsection (2) (b) , give and maintain notice of the authorisation on the department’s website. (sec.341A-ssec.5) In this section— related entity , of a category 2 licensee, means a voluntary association of persons from which the licensee was formed. relevant rules , of a category 2 licensee, means the memorandum and articles of association, rules, constitution or other incorporating documents of the licensee. - (a) a lessor of a category 2 licensee’s licensed premises; - (b) a person who is a creditor of a category 2 licensee; - (c) a person who— (i) has entered into an agreement or an arrangement with a category 2 licensee about the management of the licensee’s business or operations; or (ii) is responsible for the day to day management of the operation of a category 2 licensee’s licensed premises; - (i) has entered into an agreement or an arrangement with a category 2 licensee about the management of the licensee’s business or operations; or - (ii) is responsible for the day to day management of the operation of a category 2 licensee’s licensed premises; - (d) a person who is an associate of a person mentioned in paragraph (a) , (b) or (c) . - (i) has entered into an agreement or an arrangement with a category 2 licensee about the management of the licensee’s business or operations; or - (ii) is responsible for the day to day management of the operation of a category 2 licensee’s licensed premises; - (a) the person is nominated or otherwise chosen as a member of the licensee’s management committee or board, under the category 2 licensee’s relevant rules, by a related entity of the licensee; or - (b) the commissioner authorises the person to be a member of the management committee or board. - (a) the licensee asks the commissioner to give the authorisation; and - (b) the commissioner considers it is in the best interests of the licensee to give the authorisation.