30Certain persons must not be employed as managers—the Act, s 186(2)(f) and (2A)

30 Certain persons must not be employed as managers—the Act, s 186(2)(f) and (2A)

30 Certain persons must not be employed as managers—the Act, s 186(2)(f) and (2A)

(1) A licence holder must not employ or continue to employ a person as a manager of the licence holder’s notified premises if the licence holder is notified by the Secretary, or if the licence holder is aware or ought reasonably to be aware, that—

(a) within the last 10 years—

(i) a licence held by the person has been cancelled, or

(ii) the person has been convicted of, or has served part or all of a term of imprisonment for, an offence in New South Wales or elsewhere involving fraud or dishonesty, or

(iii) the person, or a body corporate of which the person was a director or officer, has been refused a licence on a ground relating to—

(A) the person’s honesty, or

(B) the person’s status as a fit and proper person to be a licence holder, or

(b) the person is subject to a community correction order or conditional release order in relation to an offence involving fraud or dishonesty, or

(c) the person is subject to a good behaviour bond in another State or Territory in relation to an offence involving fraud or dishonesty, or

(d) proceedings have been commenced against the person in New South Wales or elsewhere in relation to an offence involving fraud or dishonesty, or

(e) the person is the holder of a suspended licence, or

(f) the person is disqualified from holding a licence or being involved in the direction, management or conduct of a business for which a licence is required.

Maximum penalty—20 penalty units.

(2) It is not an offence for a licence holder to employ or continue to employ an ineligible person if—

(a) the Secretary exempts the licence holder under section 31, and

(b) any conditions of the exemption are complied with.

(3) It is not an offence for a licence holder to continue to employ an ineligible person if an application for an exemption has been made to the Secretary but not determined.