96Notification of change in control that takes effect without approval

96 Notification of change in control that takes effect without approval

(1) A person contravenes this subsection if: (a) there is a change in control of a licence holder; and (b) the person: (i) begins to control the licence holder; or (ii) ceases to control the licence holder; and (c) either: (i) the Registrar has not approved the change in control; or (ii) the Registrar has approved the change in control, but the change in control took effect after the end of the approval period for the change in control; and (d) the person does not notify the Registrar of the change in control within 30 days of the change taking effect.

Note: Contravention of this subsection is also a ground for cancellation of a licence (see paragraph 73(1)(f)).

Civil penalty provision (2) A person is liable to a civil penalty if the person contravenes subsection (1).

Civil penalty: 480 penalty units.

(3) The maximum civil penalty for each day that a contravention of subsection (2) continues is 10% of the maximum civil penalty that can be imposed in respect of that contravention.

Note: Subsection (2) is a continuing civil penalty provision under section 93 of the Regulatory Powers Act.

(4) Subsection (2) does not apply if the person did not know, and could not reasonably be expected to have known, that the person has begun to control, or ceased to control, the licence holder.

Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).