sec.67Changes in circumstances of category 2 licensees

### sec.67 Changes in circumstances of category 2 licensees This section applies to a category 2 licensee, in relation to the category 2 licensed premises, if— a lease, agreement or arrangement made by the licensee about the premises was in existence at the time the licensee became the licensee of the premises; and the lease, agreement or arrangement— provided for payments for the rental or lease of the premises; or provided that a person was entitled to receive, or may receive, a payment of another kind, or a benefit or advantage; and the licensee intends to materially change a provision mentioned in paragraph (b) . This section also applies to a category 2 licensee, in relation to the category 2 licensed premises, if the licensee intends— to enter into a management agreement for the licensee’s business or operations; or to change a management agreement for the licensee’s business or operations into which the licensee has entered. The licensee must, at least 28 days before the proposed material change happens, or the licensee enters into the proposed management agreement or changes the management agreement, give to the commissioner a written notice including full details of the proposed material change, management agreement or change to the management agreement. Maximum penalty—100 penalty units. For subsection (1) (c) , a licensee intends to materially change the lease, agreement or arrangement mentioned in the subsection if— if subsection (1) (b) (i) applies— the proposed change will likely affect the amount or frequency of the payments or the period for which the payments are required to be made; or the person entitled to receive the payments will likely change; or if subsection (1) (b) (ii) applies— the proposed change will likely affect the amount of the payment, or the nature or extent of the benefit or advantage; or the person entitled to receive, or who may receive, the payment, benefit or advantage will likely change. The licensee must, within 7 days after the material change happens, or the licensee enters into the management agreement or changes the management agreement, give to the commissioner a written notice including full details of the material change, management agreement or change to the management agreement. Maximum penalty—100 penalty units. In this section— management agreement , for a licensee’s business or operations, means an agreement or arrangement made by the licensee about the management of the licensee’s business or operations, other than an agreement or arrangement— made by the licensee with an individual who— is not a party to an agreement or arrangement about the management of another licensee’s business or operations; or is not an associate of a person who is a party to an agreement or arrangement about the management of another licensee’s business or operations; and for which the licensee is required, under the Taxation Administration Act 1953 (Cwlth) , schedule 1 , part 2-5 , division 12 , subdivision 12-B , section 12-35 , to withhold an amount from the individual’s salary or wages under the agreement or arrangement. s 67 ins 1999 No. 8 s 15 amd 1999 No. 77 s 27 ; 2004 No. 21 s 38 ; 2012 No. 25 s 109 (1) ; 2013 No. 25 s 50 (sec.67-ssec.1) This section applies to a category 2 licensee, in relation to the category 2 licensed premises, if— a lease, agreement or arrangement made by the licensee about the premises was in existence at the time the licensee became the licensee of the premises; and the lease, agreement or arrangement— provided for payments for the rental or lease of the premises; or provided that a person was entitled to receive, or may receive, a payment of another kind, or a benefit or advantage; and the licensee intends to materially change a provision mentioned in paragraph (b) . (sec.67-ssec.2) This section also applies to a category 2 licensee, in relation to the category 2 licensed premises, if the licensee intends— to enter into a management agreement for the licensee’s business or operations; or to change a management agreement for the licensee’s business or operations into which the licensee has entered. (sec.67-ssec.3) The licensee must, at least 28 days before the proposed material change happens, or the licensee enters into the proposed management agreement or changes the management agreement, give to the commissioner a written notice including full details of the proposed material change, management agreement or change to the management agreement. Maximum penalty—100 penalty units. (sec.67-ssec.4) For subsection (1) (c) , a licensee intends to materially change the lease, agreement or arrangement mentioned in the subsection if— if subsection (1) (b) (i) applies— the proposed change will likely affect the amount or frequency of the payments or the period for which the payments are required to be made; or the person entitled to receive the payments will likely change; or if subsection (1) (b) (ii) applies— the proposed change will likely affect the amount of the payment, or the nature or extent of the benefit or advantage; or the person entitled to receive, or who may receive, the payment, benefit or advantage will likely change. (sec.67-ssec.5) The licensee must, within 7 days after the material change happens, or the licensee enters into the management agreement or changes the management agreement, give to the commissioner a written notice including full details of the material change, management agreement or change to the management agreement. Maximum penalty—100 penalty units. (sec.67-ssec.6) In this section— management agreement , for a licensee’s business or operations, means an agreement or arrangement made by the licensee about the management of the licensee’s business or operations, other than an agreement or arrangement— made by the licensee with an individual who— is not a party to an agreement or arrangement about the management of another licensee’s business or operations; or is not an associate of a person who is a party to an agreement or arrangement about the management of another licensee’s business or operations; and for which the licensee is required, under the Taxation Administration Act 1953 (Cwlth) , schedule 1 , part 2-5 , division 12 , subdivision 12-B , section 12-35 , to withhold an amount from the individual’s salary or wages under the agreement or arrangement. - (a) a lease, agreement or arrangement made by the licensee about the premises was in existence at the time the licensee became the licensee of the premises; and - (b) the lease, agreement or arrangement— (i) provided for payments for the rental or lease of the premises; or (ii) provided that a person was entitled to receive, or may receive, a payment of another kind, or a benefit or advantage; and - (i) provided for payments for the rental or lease of the premises; or - (ii) provided that a person was entitled to receive, or may receive, a payment of another kind, or a benefit or advantage; and - (c) the licensee intends to materially change a provision mentioned in paragraph (b) . - (i) provided for payments for the rental or lease of the premises; or - (ii) provided that a person was entitled to receive, or may receive, a payment of another kind, or a benefit or advantage; and - (a) to enter into a management agreement for the licensee’s business or operations; or - (b) to change a management agreement for the licensee’s business or operations into which the licensee has entered. - (a) if subsection (1) (b) (i) applies— (i) the proposed change will likely affect the amount or frequency of the payments or the period for which the payments are required to be made; or (ii) the person entitled to receive the payments will likely change; or - (i) the proposed change will likely affect the amount or frequency of the payments or the period for which the payments are required to be made; or - (ii) the person entitled to receive the payments will likely change; or - (b) if subsection (1) (b) (ii) applies— (i) the proposed change will likely affect the amount of the payment, or the nature or extent of the benefit or advantage; or (ii) the person entitled to receive, or who may receive, the payment, benefit or advantage will likely change. - (i) the proposed change will likely affect the amount of the payment, or the nature or extent of the benefit or advantage; or - (ii) the person entitled to receive, or who may receive, the payment, benefit or advantage will likely change. - (i) the proposed change will likely affect the amount or frequency of the payments or the period for which the payments are required to be made; or - (ii) the person entitled to receive the payments will likely change; or - (i) the proposed change will likely affect the amount of the payment, or the nature or extent of the benefit or advantage; or - (ii) the person entitled to receive, or who may receive, the payment, benefit or advantage will likely change. - (a) made by the licensee with an individual who— (i) is not a party to an agreement or arrangement about the management of another licensee’s business or operations; or (ii) is not an associate of a person who is a party to an agreement or arrangement about the management of another licensee’s business or operations; and - (i) is not a party to an agreement or arrangement about the management of another licensee’s business or operations; or - (ii) is not an associate of a person who is a party to an agreement or arrangement about the management of another licensee’s business or operations; and - (b) for which the licensee is required, under the Taxation Administration Act 1953 (Cwlth) , schedule 1 , part 2-5 , division 12 , subdivision 12-B , section 12-35 , to withhold an amount from the individual’s salary or wages under the agreement or arrangement. - (i) is not a party to an agreement or arrangement about the management of another licensee’s business or operations; or - (ii) is not an associate of a person who is a party to an agreement or arrangement about the management of another licensee’s business or operations; and