sec.36Investigations

### sec.36 Investigations The chief executive may investigate a primary licensee to help the Minister decide whether the person is a suitable person to hold, or to continue to hold, a primary licence of the relevant type. The chief executive may investigate a business or executive associate of a primary licensee to help the Minister to decide whether the person is, or continues to be, a suitable person to be associated with the operations of the holder of a primary licence of the relevant type. However, the chief executive may investigate a primary licensee only if— the Minister reasonably suspects the primary licensee is not, or is no longer, a suitable person to hold a primary licence of the relevant type; or the investigation is made under an audit program for primary licensees approved by the Minister. Also, the chief executive may investigate a business or executive associate of a primary licensee only if— the Minister reasonably suspects the person is not, or is no longer, a suitable person to be associated with the operations of the holder of a primary licence of the relevant type; or the investigation is made under an audit program for business and executive associates of primary licensees approved by the Minister; or the person— became a business or executive associate of the primary licensee after the issue of the primary licence; and has not been investigated previously under an audit program mentioned in paragraph (b) ; or the person— was a business or executive associate of the primary licensee when the primary licence was issued; and has not been investigated under section 14 (2) . s 36 amd 2002 No. 43 s 95 ; 2007 No. 22 ss 36 , 3 sch 1 (sec.36-ssec.1) The chief executive may investigate a primary licensee to help the Minister decide whether the person is a suitable person to hold, or to continue to hold, a primary licence of the relevant type. (sec.36-ssec.2) The chief executive may investigate a business or executive associate of a primary licensee to help the Minister to decide whether the person is, or continues to be, a suitable person to be associated with the operations of the holder of a primary licence of the relevant type. (sec.36-ssec.3) However, the chief executive may investigate a primary licensee only if— the Minister reasonably suspects the primary licensee is not, or is no longer, a suitable person to hold a primary licence of the relevant type; or the investigation is made under an audit program for primary licensees approved by the Minister. (sec.36-ssec.4) Also, the chief executive may investigate a business or executive associate of a primary licensee only if— the Minister reasonably suspects the person is not, or is no longer, a suitable person to be associated with the operations of the holder of a primary licence of the relevant type; or the investigation is made under an audit program for business and executive associates of primary licensees approved by the Minister; or the person— became a business or executive associate of the primary licensee after the issue of the primary licence; and has not been investigated previously under an audit program mentioned in paragraph (b) ; or the person— was a business or executive associate of the primary licensee when the primary licence was issued; and has not been investigated under section 14 (2) . - (a) the Minister reasonably suspects the primary licensee is not, or is no longer, a suitable person to hold a primary licence of the relevant type; or - (b) the investigation is made under an audit program for primary licensees approved by the Minister. - (a) the Minister reasonably suspects the person is not, or is no longer, a suitable person to be associated with the operations of the holder of a primary licence of the relevant type; or - (b) the investigation is made under an audit program for business and executive associates of primary licensees approved by the Minister; or - (c) the person— (i) became a business or executive associate of the primary licensee after the issue of the primary licence; and (ii) has not been investigated previously under an audit program mentioned in paragraph (b) ; or - (i) became a business or executive associate of the primary licensee after the issue of the primary licence; and - (ii) has not been investigated previously under an audit program mentioned in paragraph (b) ; or - (d) the person— (i) was a business or executive associate of the primary licensee when the primary licence was issued; and (ii) has not been investigated under section 14 (2) . - (i) was a business or executive associate of the primary licensee when the primary licence was issued; and - (ii) has not been investigated under section 14 (2) . - (i) became a business or executive associate of the primary licensee after the issue of the primary licence; and - (ii) has not been investigated previously under an audit program mentioned in paragraph (b) ; or - (i) was a business or executive associate of the primary licensee when the primary licence was issued; and - (ii) has not been investigated under section 14 (2) .