54Nominee of licensee or permittee

54 Nominee of licensee or permittee S. 54(1) amended by No. 58/2011 s. 104(Sch. item 4.89). (1) A licensee or permittee that is a body corporate may apply to the Commission for the approval of a person as nominee of the licensee or permittee. S. 54(2) amended by No. 58/2011 s. 104(Sch. item 4.90). (2) A person who holds a club licence on behalf of an unincorporated club may apply to the Commission for the approval of a person as nominee of the club. S. 54(2A) inserted by No. 92/2004 s. 18(1)(2). (2A) An application under this section must be accompanied by the fee specified in the regulations for the purposes of this section. S. 54(3) amended by No. 58/2011 s. 104(Sch. item 4.91). (3) The Commission must give a copy of the application to the Chief Commissioner. (4) The Chief Commissioner may object to the application on the ground that the person is not a suitable person to be the nominee of the licensee or permittee. (5) An objection must— S. 54(5)(a) amended by No. 58/2011 s. 104(Sch. item 4.92). (a) be made to the Commission in writing within 21 days after the day on which a copy of the application was given to the Chief Commissioner; and S. 54(6) amended by No. 58/2011 s. 104(Sch. item 4.93). (6) After the end of the period specified in subsection (5)(a) (or that period as extended under section 174), the Commission must grant the application if satisfied that the person is a suitable person to be the nominee of the licensee or permittee. S. 54(6A) inserted by No. 92/2004 s. 19(1), amended by No. 58/2011 s. 104(Sch. item 4.94). (6A) A person becomes the nominee of the licensee or permittee on the Commission granting the application. S. 54(7) amended by No. 58/2011 s. 104(Sch. item 4.95). (7) In making its decision, the Commission must consider any objection made under subsection (4). (8) Section 44(3) applies to the determination of an application under this section. (9) A person approved as nominee under this section is liable as if he or she were the licensee or permittee. S. 54(10) inserted by No. 92/2004 s. 19(2). (10) A person ceases to be a nominee on ceasing to manage or control the licensed premises in circumstances in which that cessation is, or is likely to be, permanent. On a person ceasing to be a nominee, section 53(4) ceases to apply. This has the effect under section 53 of re-imposing liability as a licensee or permittee on the directors or members of the committee of management (as the case may be) of the body holding the licence or permit. S. 54(11) inserted by No. 92/2004 s. 19(2), amended by No. 58/2011 s. 104(Sch. item 4.96). (11) The licensee or permittee must notify the Commission in writing that a person has ceased to be the nominee of the licensee or permittee within 14 days after that cessation occurs. Penalty applying to this subsection: 5 penalty units. Note to s. 54(11) inserted by No. 13/2013 s. 29(1). S. 55 amended by Nos 58/2011 s. 104(Sch. item 4.97), 20/2012 s. 226(Sch. 5 item 18(1)).