sec.131ADecision by commissioner on application to continue trading in certain circumstances

### sec.131A Decision by commissioner on application to continue trading in certain circumstances This section applies if an application is made under section 129 . If an applicant is the occupier or is entitled to possession of the licensed premises, the commissioner may authorise the applicant to conduct business on licensed premises under authority of the licence on an interim basis. The commissioner may impose conditions on the authority under subsection (2) — to ensure appropriate compliance with this Act; or to give effect to the main purpose of this Act mentioned in section 3 (a) ; or to minimise alcohol-related disturbances, or public disorder, in a locality. Without limiting subsection (3) , the commissioner may impose a condition requiring the applicant to successfully complete the licensee’s course and approved training course, or either course, within 3 months after the authority is given. The authority under subsection (2) continues until the earliest of the following happens— the application on which it is made is disposed of by the commissioner; the authority is revoked by the commissioner because the applicant contravenes this Act or a condition of the licence or authority; the authority expires. If the application is made by a person as mentioned in section 129 (4) , the maximum period for an authority given under subsection (2) is not for more than 6 months after the date of the application. While the authority under subsection (2) continues, the applicant is subject to this Act as if the applicant were the licensee of the licensed premises. If the commissioner is satisfied that the applicant is not a disqualified person and is a fit and proper person to conduct the business under the authority of the licence, the commissioner may authorise the applicant to conduct the business under the authority of the licence. If the application was made because of an order for cancellation of the licence and the commissioner authorises the conduct of the business under subsection (8) , the order for cancellation is set aside. If the commissioner is not satisfied about the matters mentioned in subsection (8) , the commissioner must reject the application and may make an order under section 132 . On the commissioner’s rejection of the application— if an authority under subsection (2) is still in force—the authority is revoked; and if the application was made because of an order for cancellation of a licence—the commissioner’s order for cancellation of the licence takes effect. For forming the satisfaction mentioned in subsection (8) , the commissioner may have regard to the matters mentioned in section 107 to which the commissioner must have regard in deciding whether an applicant is not a disqualified person and is a fit and proper person to hold a licence. s 131A ins 1994 No. 59 s 45 amd 1999 No. 54 s 5 ; 2001 No. 39 ss 81 , 107 ; 2003 No. 60 s 13 sub 2008 No. 48 s 48 amd 2010 No. 51 s 41 ; 2012 No. 25 s 144 (1) ; 2013 No. 64 s 98 (sec.131A-ssec.1) This section applies if an application is made under section 129 . (sec.131A-ssec.2) If an applicant is the occupier or is entitled to possession of the licensed premises, the commissioner may authorise the applicant to conduct business on licensed premises under authority of the licence on an interim basis. (sec.131A-ssec.3) The commissioner may impose conditions on the authority under subsection (2) — to ensure appropriate compliance with this Act; or to give effect to the main purpose of this Act mentioned in section 3 (a) ; or to minimise alcohol-related disturbances, or public disorder, in a locality. (sec.131A-ssec.4) Without limiting subsection (3) , the commissioner may impose a condition requiring the applicant to successfully complete the licensee’s course and approved training course, or either course, within 3 months after the authority is given. (sec.131A-ssec.5) The authority under subsection (2) continues until the earliest of the following happens— the application on which it is made is disposed of by the commissioner; the authority is revoked by the commissioner because the applicant contravenes this Act or a condition of the licence or authority; the authority expires. (sec.131A-ssec.6) If the application is made by a person as mentioned in section 129 (4) , the maximum period for an authority given under subsection (2) is not for more than 6 months after the date of the application. (sec.131A-ssec.7) While the authority under subsection (2) continues, the applicant is subject to this Act as if the applicant were the licensee of the licensed premises. (sec.131A-ssec.8) If the commissioner is satisfied that the applicant is not a disqualified person and is a fit and proper person to conduct the business under the authority of the licence, the commissioner may authorise the applicant to conduct the business under the authority of the licence. (sec.131A-ssec.9) If the application was made because of an order for cancellation of the licence and the commissioner authorises the conduct of the business under subsection (8) , the order for cancellation is set aside. (sec.131A-ssec.10) If the commissioner is not satisfied about the matters mentioned in subsection (8) , the commissioner must reject the application and may make an order under section 132 . (sec.131A-ssec.11) On the commissioner’s rejection of the application— if an authority under subsection (2) is still in force—the authority is revoked; and if the application was made because of an order for cancellation of a licence—the commissioner’s order for cancellation of the licence takes effect. (sec.131A-ssec.12) For forming the satisfaction mentioned in subsection (8) , the commissioner may have regard to the matters mentioned in section 107 to which the commissioner must have regard in deciding whether an applicant is not a disqualified person and is a fit and proper person to hold a licence. - (a) to ensure appropriate compliance with this Act; or - (b) to give effect to the main purpose of this Act mentioned in section 3 (a) ; or - (c) to minimise alcohol-related disturbances, or public disorder, in a locality. - (a) the application on which it is made is disposed of by the commissioner; - (b) the authority is revoked by the commissioner because the applicant contravenes this Act or a condition of the licence or authority; - (c) the authority expires. - (a) if an authority under subsection (2) is still in force—the authority is revoked; and - (b) if the application was made because of an order for cancellation of a licence—the commissioner’s order for cancellation of the licence takes effect.