Liquor Act 2019
76Acting licensee
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76 Acting licensee (1) If a licensee is, or expects to be, unable for any reason to conduct the business of the licensee for more than 7 consecutive days, the licensee must: (a) appoint a person to act on behalf of the licensee to conduct the licensee's business during that period; and (b) give written notice to the Director of the full name, address and occupation of the person within 3 days after the date of the appointment. (2) A person appointed under this section must not act on behalf of a licensee for more than 90 days during any 12-month period, unless the Director otherwise determines. (3) If the licensee has not appointed anyone under subsection (1), the Director may appoint a person to act as the licensee to conduct the licensee's business while the licensee is unable to conduct business. (4) A licensee commits an offence if the licensee contravenes (6) It is a defence to a prosecution for an offence against subsection (4) if the defendant has a reasonable excuse.
Liquor Act 2019 54 (7) A person commits an offence if: (a) the person is appointed under subsection (1) and has knowledge of that circumstance; and (b) the person intentionally acts on behalf of a licensee; and (c) the conduct exceeds 42 days during any 12-month period or any other period determined by the Director and the person is reckless in relation to that circumstance. (8) The Director must cancel a licence at the expiration of the 42 days referred to in subsection (2) if: (a) a licensee's inability to conduct business under the licence is, or is expected to be, permanent; and (b) no application to transfer the licence was made in accordance with section 72 during those 42 days; and (c) no application to substitute the licensed premises was made in accordance with section 75 during those 42 days; and (d) no arrangements satisfactory to the Director are made to conduct the business. (9) A person appointed to act on behalf of a licensee has all the rights, powers, authorities, functions, duties and obligations of a licensee