14Death of licence or permit holder—the Act, s 47

14 Death of licence or permit holder—the Act, s 47

14 Death of licence or permit holder—the Act, s 47

(1) For the Act, section 47(3)(b), if the holder of a poppy licence or poppy permit dies, the personal representative of the deceased licence or permit holder is exempt from a requirement to hold the licence or permit, on the following conditions—

(a) the personal representative must notify the Secretary of the licence or permit holder’s death as soon as practicable,

(b) the personal representative must comply with all of the conditions that applied to the deceased licence or permit holder’s licence or permit.

(2) For the purposes of subsection (1)(b), a reference in the Act or the regulations to doing an activity under the licence or permit is taken to be a reference to doing an activity under the exemption.

(3) The exemption applies from the day on which the holder of the licence or permit dies, until—

(a) 6 months after that day, or

(b) an earlier day on which—

(i) the Secretary gives the personal representative notice that the Secretary is not satisfied that the personal representative is a fit and proper person to hold the licence or permit, or

(ii) the personal representative surrenders the exemption by written notice to the Secretary.

(4) If an exemption ends under subsection (3)(b)—

(a) the Secretary may appoint a person (the appointed person) to act for the deceased licence or permit holder, if the Secretary is satisfied that the appointed person is a fit and proper person to hold a poppy licence or poppy permit, and

(b) the appointed person is exempt from a requirement to hold the licence or permit, on the condition the person must comply with all of the conditions that applied to the deceased licence or permit holder’s licence or permit, and

(c) the exemption ends 6 months after the day on which the person is appointed.

(5) For the Act, section 47(3)(b), a person who was employed or engaged under a licence or permit is exempt from the Act, section 6 for conduct that constitutes a breach of the Act merely because of the death of the licence or permit holder.