sec.40Restriction—corporations

### sec.40 Restriction—corporations A corporation that holds a licence may perform an activity under its licence at a place only if the activity may be performed by— a licensed person who is in charge of the corporation’s business at the place; or a liquidator or controller appointed under the Corporations Act of property of the corporation; or an administrator of the corporation appointed under the Corporations Act ; or an administrator of a deed of company arrangement for the corporation appointed under the Corporations Act ; or a receiver appointed under the Administration Act for property of the corporation. However, subsection (1) does not prevent a corporation that holds a motor dealer licence selling a used motor vehicle by auction if the auction is conducted by a chattel auctioneer who is an employed licensee of the corporation. A corporation that is a former licensee may perform an activity authorised under the former licence if the activity is performed by a person mentioned in subsection (1) (b) , (c) , (d) or (e) . If a corporation that holds a licence or is a former licensee performs an activity it is not authorised to perform, it is taken to be a person who acts as a licensee without a licence for the performance of the activity. In this section— former licensee means— a licensee under a licence that was previously in force; or a licensee under a motor dealer’s licence under PAMDA . (sec.40-ssec.1) A corporation that holds a licence may perform an activity under its licence at a place only if the activity may be performed by— a licensed person who is in charge of the corporation’s business at the place; or a liquidator or controller appointed under the Corporations Act of property of the corporation; or an administrator of the corporation appointed under the Corporations Act ; or an administrator of a deed of company arrangement for the corporation appointed under the Corporations Act ; or a receiver appointed under the Administration Act for property of the corporation. (sec.40-ssec.2) However, subsection (1) does not prevent a corporation that holds a motor dealer licence selling a used motor vehicle by auction if the auction is conducted by a chattel auctioneer who is an employed licensee of the corporation. (sec.40-ssec.3) A corporation that is a former licensee may perform an activity authorised under the former licence if the activity is performed by a person mentioned in subsection (1) (b) , (c) , (d) or (e) . (sec.40-ssec.4) If a corporation that holds a licence or is a former licensee performs an activity it is not authorised to perform, it is taken to be a person who acts as a licensee without a licence for the performance of the activity. (sec.40-ssec.5) In this section— former licensee means— a licensee under a licence that was previously in force; or a licensee under a motor dealer’s licence under PAMDA . - (a) a licensed person who is in charge of the corporation’s business at the place; or - (b) a liquidator or controller appointed under the Corporations Act of property of the corporation; or - (c) an administrator of the corporation appointed under the Corporations Act ; or - (d) an administrator of a deed of company arrangement for the corporation appointed under the Corporations Act ; or - (e) a receiver appointed under the Administration Act for property of the corporation. - (a) a licensee under a licence that was previously in force; or - (b) a licensee under a motor dealer’s licence under PAMDA .