87Prohibition on use of licence by other persons

87 Prohibition on use of licence by other persons

(1)  [Section 87 Subsection (1) amended by No. 24 of 2021, s. 9, Applied:31 Mar 2023] [Section 87 Subsection (1) substituted by No. 42 of 1998, s. 15, Applied:18 Dec 1998] A holder of a licence, without the Secretary’s approval, must not allow another person to use the licence –

(a) by means of leasing, subleasing or lending; or

(b) by acting as a supervisor; or

(c) by any other arrangement or agreement.

Penalty:  Fine not exceeding 100 penalty units.

(2)  [Section 87 Subsection (2) substituted by No. 42 of 1998, s. 15, Applied:18 Dec 1998] [Section 87 Subsection (2) amended by No. 7 of 2007, s. 27, Applied:30 Apr 2007] [Section 87 Subsection (2) substituted by No. 24 of 2021, s. 9, Applied:31 Mar 2023] The Secretary may, for the purposes of subsection (1) , grant an approval for a person to use a licence if satisfied that the person for whom the approval is sought –

(a) is eligible to hold the licence; and

(b) is not disqualified from holding a licence under this Act.

(2A)  [Section 87 Subsection (2A) amended by No. 24 of 2021, s. 9, Applied:31 Mar 2023] [Section 87 Subsection (2A) inserted by No. 42 of 1998, s. 15, Applied:18 Dec 1998] The Secretary may defer a decision in respect of an approval if –

(a) [Section 87 Subsection (2A) amended by No. 24 of 2021, s. 9, Applied:31 Mar 2023] the person for whom the approval is sought has been charged with an offence under this Act, a corresponding law or any other Act the Secretary considers relevant; and