sec.113Application for transfer of licence

### sec.113 Application for transfer of licence On application made by— the licensee and the proposed transferee; or the owner, lessee or mortgagee of the licensed premises if— the licensee has been lawfully evicted from, or has abandoned, the licensed premises; or the lease, sublease, tenancy or right to occupy the licensed premises of the licensee has been lawfully terminated; or the licensee has ceased to conduct business in the licensed premises and has not agreed to the application; the commissioner may transfer a licence (together with any extended trading hours approval held in association with the licence) to a person who could be granted the licence. The authority of the commissioner under subsection (1) is subject to the Gaming Machine Act 1991 , section 78 . On transfer of a licence, the transferee becomes the licensee and— has the authority conferred by the licence on the holder; and is subject to the obligations imposed by this Act or the conditions of the licence on the holder; and is subject to the obligations imposed on the transferor or any previous holder of the licence by order of the commissioner, or requisition of an investigator, that has not been complied with. Also, if the licensee uses, in the licensed premises, an approved ID scanner linked to an approved ID scanning system, the commissioner must give the approved operator for the approved ID scanning system notice of the transfer. In this section— approved ID scanner see section 173EE . approved ID scanning system see section 173EE . approved operator see section 173EE . s 113 amd 1994 No. 59 s 3 sch 2 ; 2001 No. 39 s 3 sch ; 2008 No. 48 s 59 (1) sch 1 ; 2012 No. 25 s 144 (1) ; 2021 No. 7 s 40 (sec.113-ssec.1) On application made by— the licensee and the proposed transferee; or the owner, lessee or mortgagee of the licensed premises if— the licensee has been lawfully evicted from, or has abandoned, the licensed premises; or the lease, sublease, tenancy or right to occupy the licensed premises of the licensee has been lawfully terminated; or the licensee has ceased to conduct business in the licensed premises and has not agreed to the application; the commissioner may transfer a licence (together with any extended trading hours approval held in association with the licence) to a person who could be granted the licence. (sec.113-ssec.2) The authority of the commissioner under subsection (1) is subject to the Gaming Machine Act 1991 , section 78 . (sec.113-ssec.3) On transfer of a licence, the transferee becomes the licensee and— has the authority conferred by the licence on the holder; and is subject to the obligations imposed by this Act or the conditions of the licence on the holder; and is subject to the obligations imposed on the transferor or any previous holder of the licence by order of the commissioner, or requisition of an investigator, that has not been complied with. (sec.113-ssec.4) Also, if the licensee uses, in the licensed premises, an approved ID scanner linked to an approved ID scanning system, the commissioner must give the approved operator for the approved ID scanning system notice of the transfer. (sec.113-ssec.5) In this section— approved ID scanner see section 173EE . approved ID scanning system see section 173EE . approved operator see section 173EE . - (a) the licensee and the proposed transferee; or - (b) the owner, lessee or mortgagee of the licensed premises if— (i) the licensee has been lawfully evicted from, or has abandoned, the licensed premises; or (ii) the lease, sublease, tenancy or right to occupy the licensed premises of the licensee has been lawfully terminated; or (iii) the licensee has ceased to conduct business in the licensed premises and has not agreed to the application; - (i) the licensee has been lawfully evicted from, or has abandoned, the licensed premises; or - (ii) the lease, sublease, tenancy or right to occupy the licensed premises of the licensee has been lawfully terminated; or - (iii) the licensee has ceased to conduct business in the licensed premises and has not agreed to the application; - (i) the licensee has been lawfully evicted from, or has abandoned, the licensed premises; or - (ii) the lease, sublease, tenancy or right to occupy the licensed premises of the licensee has been lawfully terminated; or - (iii) the licensee has ceased to conduct business in the licensed premises and has not agreed to the application; - (a) has the authority conferred by the licence on the holder; and - (b) is subject to the obligations imposed by this Act or the conditions of the licence on the holder; and - (c) is subject to the obligations imposed on the transferor or any previous holder of the licence by order of the commissioner, or requisition of an investigator, that has not been complied with.