54Disclosure of persons of influence and potential beneficiaries

54 Disclosure of persons of influence and potential beneficiaries (1) An applicant for a licence or an authority must make an affidavit disclosing each person who, if the licence is issued, may: (a) be able to influence the applicant; or (b) expect a direct or indirect benefit from the applicant. (2) If the applicant is a body corporate, the affidavit must be made by: (a) the principal executive officer of the body corporate; or (b) if that officer does not have knowledge of the relevant facts – another person who has knowledge of the relevant facts and is authorised by the body corporate to make the affidavit. (3) Subject to subsections (4) and (5), the affidavit must disclose the (a) each person who may, by any lease, agreement or other arrangement, be able to influence any decision made by the applicant in relation to the licence or authority; (b) each person, other than the applicant, who may, by any lease, agreement or other arrangement, expect any direct or indirect benefit from the applicant in relation to the licence or authority; (c) the full name, address and date of birth of any individual disclosed under paragraph (a) or (b); (d) the name of any body corporate disclosed under paragraph (a) or (b), and the full name, address and date of birth of the secretary and each executive officer of the body corporate;

Liquor Act 2019 40 (e) if an unincorporated body of persons is disclosed under paragraph (a) or (b): (i) the name of the body; and (ii) the full name, address and date of birth of the secretary and each executive officer of the body; and (iii) details of any objectives of the body; and (iv) whether the body is a non-proprietary body or it conducts its business in the same way as a non-proprietary body; (f) the complete particulars of any lease, agreement or other arrangement disclosed under paragraph (a) or (b); (g) if the applicant is a body corporate – the names of all persons who have a substantial holding, within the meaning of section 9 of the Corporations Act 2001 in the body corporate. (4) If the applicant is a body corporate, the affidavit need not disclose a person who is a member or shareholder of the body corporate carrying out the duties or exercising the normal rights of the person in that capacity. (5) The affidavit does not need not disclose the following: (a) a contract, agreement or other arrangement entered into for the purposes of this Act or the regulations that is approved by the Director; (b) any thing exempted from disclosure by the regulations. Note for section 54 This affidavit is also required by section 72 when applying for transfer of a licence and section 110 when applying for variation of conditions.