41Death, disability, etc. of licensee

41 Death, disability, etc. of licensee

(1) The following persons may operate one or more rooming houses (which were operated by a person who was a licensee) for a period of 150 days immediately after the person ceases to be a licensee—

(a) if the person who was the licensee dies, the executor named in the deceased person's will or the administrator of the person's estate or any person who intends applying for letters of administration in relation to the deceased person's estate;

(b) if the person who was the licensee becomes an insolvent under administration, the assignee, trustee or receiver of the person;

S. 41(1)(c) amended by No. 13/2019 s. 221(Sch. 1 item 44).

(c) if the person who was the licensee becomes a represented person within the meaning of the Guardianship and Administration Act 2019, the guardian or administrator of the person or any person nominated by the guardian or administrator;

(d) if the person who was the licensee becomes an externally administered body corporate, the liquidator, official manager, receiver, receiver and manager or other external administrator.

(2) A person who is authorised to operate a rooming house under subsection (1) may apply to the Authority within the 150 day period for permission to operate a rooming house for a longer period and, during this longer period, may apply to the Authority for permission to operate a rooming house for a further period.

(3) If a person makes an application under
subsection (2), the person may continue to operate a rooming house until the Authority determines the application.

(4) The Authority may grant an application under subsection (2) if it is satisfied that it is not contrary to the public interest to do so.

(5) The Authority, at any time—

(a) may withdraw any permission it has granted under subsection (4); or

(b) may limit the permission to operate the rooming house in any way it thinks appropriate; or

(c) may impose, revoke or vary any condition on the permission it thinks appropriate to ensure the ongoing protection of the public interest.

(6) A person who has been granted a permission under subsection (4) must comply with any limitation or condition that applies to the permission.

(7) Subject to subsection (5), a person who operates a rooming house under this section is taken, for the purposes of this Act, to be a licensed rooming house operator on the same terms and conditions as applied to the former licensee.