Div 12Devolution of licensee's rights

Division 12—Devolution of licensee's rights 73—Devolution of licensee's rights (1) If a licensee or one of two or more joint licensees dies— (a) the executor of the will or the administrator of the estate; or (b) a relative of the deceased acting with the permission of the licensing authority, may, for 1 month after the date of death or a longer period approved by the licensing authority, carry on business as the licensee or one of the licensees (as the case requires) under the licence. (2) If a licensee or one of two or more joint licensees becomes physically or mentally incapable of carrying on business under the licence— (a) a person authorised or appointed by law to administer the licensee's affairs; or (b) a relative of the licensee acting with the permission of the licensing authority, may, for 1 month after the commencement of the incapacity or a longer period approved by the licensing authority, carry on business as the licensee or one of the licensees (as the case requires) under the licence. (3) If a licensee ceases to occupy the licensed premises to which the licence relates, a landlord, mortgagee or other person acting with the permission of the licensing authority may, for a period of 1 month or a longer period approved by the licensing authority, carry on business as the licensee under the licence. (4) If a licence is surrendered or revoked, the licensing authority may, on application by a landlord, mortgagee or other person who satisfies the authority that it stands to suffer loss in consequence of the surrender or revocation, grant a temporary licence— (a) of the same class, and subject to the same conditions, as the licence that was surrendered or revoked; but (b) subject to a condition that the licence will expire at the end of a term fixed by the licensing authority not exceeding 6 months. (5) An approval, permission or temporary licence may be granted under this section by the licensing authority— (a) on the application of the person seeking it without hearing or inviting representations from any other person; and (b) on conditions the licensing authority thinks fit. (6) A temporary licence under this section may be converted into an ordinary licence by revocation of the condition referred to in subsection (4)(b) but an application for revocation of such a condition must not be granted unless the licensing authority is satisfied— (a) that the person who is to hold the licence on revocation of the condition is a fit and proper person to hold a licence of the relevant class; and (b) if that person is a trust or corporate entity—that each person who occupies a position of authority in the entity is a fit and proper person to occupy such a position in an entity holding a licence of that class. (7) If the person who is to hold the licence on revocation of the condition is to supervise or manage, or be actively involved in the supervision and management of, the business conducted under the licence but does not have the appropriate knowledge, experience and skills for that purpose, the licensing authority may nevertheless grant the application for revocation of the condition and impose a condition of the licence that the person undertake specified accredited training within a specified time after the grant of the application. 74—Bankruptcy or winding up of licensee (1) If a licensee becomes bankrupt or insolvent, the official receiver may carry on business as the licensee under the licence. (2) If a corporate licensee is being wound up or is under administration, receivership or official management, a person vested by law with power to administer the affairs of the body corporate may carry on business as the licensee under the licence. 75—Notice to be given of exercise of rights under this Division A person who exercises rights under this Division (except by prior permission of the licensing authority) must, within 7 days after starting to do so, give notice in writing of that fact to the Commissioner.