63Matters to be determined regarding applicants

63 Matters to be determined regarding applicants (1) Where an application for a licence is made, the Director must determine: (a) whether the applicant is a fit and proper person to hold the licence; (aa) if there is more than one application for the same licence – whether the applicant would be the most suitable person from amongst the applicants to hold the licence; and (b) in the case of a retail licence – whether the grant of the licence is in accordance with the needs and opinions of the residents of the licence area to which the application relates. (2) In determining the matters referred to in subsection (1), the Director may make the investigations he or she thinks fit including investigations to inform the Director of: (a) if the applicant is an individual – the character of the applicant; (b) if the applicant is a body corporate: (i) the membership of the body corporate;

Kava Management Act 1998 37 (ii) the character of the officers, employees or agents of the body corporate; and (iii) the management or proposed management of the body corporate; and (c) the capacity of the applicant (including financial capacity) to conduct the business associated with the licence applied for. (3) Where the Director has given notice of the application to a local government council or an incorporated association under section 61(3), in determining the matters referred to in subsection (1) the Director must have regard to any recommendations made by the council or the association. (4) For the purpose of determining an application, the Director may obtain: (a) from the Commissioner of Police: (i) a written report of the criminal history (notwithstanding that part of the criminal history is a spent conviction within the meaning of the Criminal Records (Spent Convictions) Act) 1992 in respect of an applicant or, if the applicant is a body corporate, a person who is an officer, employee or agent of the applicant; and (ii) any other evidence in relation to the character of the applicant, officer, employee or agent that may assist the Director; and (b) information concerning the financial background of the applicant or, if the applicant is a body corporate, a person who is an officer, employee or agent of the applicant. (5) For the purposes of subsection (4)(a)(i), the criminal history of a person is that which is: (a) in the Commissioner of Police's possession; or (b) ordinarily accessible to the Commissioner of Police through arrangements with the police service of the Commonwealth or a State or another Territory of the Commonwealth.