Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) The commissioner must not authorise the transfer of a licence if it is satisfied on reasonable grounds that—
(a) the proposed transferee is not a fit and proper person to hold a licence; or
(b) if the licensee has been charged with a defined offence in relation to which proceedings are not completed—
(i) the proposed transferee is a corporation in relation to which the licensee is a defined influential person; or
(ii) the licensee is a corporation in relation to which the proposed transferee is a defined influential person; or
(iii) if the licensee and the proposed transferee are partners—the proposed transferee intends to hold the licence for the purposes of the partnership; or
(iv) if the licensee and the proposed transferee are corporations—there is a defined influential person in common between the 2 corporations.
(2) The matters that the commissioner must consider in deciding whether to refuse to authorise the transfer of a licence under subsection (1) (a) include the following:
(a) the proposed transferee's age;
(b) the proposed transferee's understanding of the obligations of a licensee under this Act;
(c) whether the proposed transferee has been convicted of a defined offence;
(d) whether the proposed transferee has contravened a provision of this Act, or a direction;
(e) whether the proposed transferee is an undischarged bankrupt;
(f) if the proposed transferee is a corporation—whether the proposed transferee is in liquidation.
(3) If a licence is held for the purposes of a partnership, a reference in this section to the "licensee" includes a reference to each of the partners who is concerned in, or takes part in, the management of the partnership's business in relation to the licence—
(a) whether or not the partner's name appears on the licence; and
(b) whether or not section 69 (1), (2) or (3) has been complied with in relation to the partner.
(4) If the commissioner has reasonable grounds for believing that a proposed transferee intends to hold the licence for the purposes of a partnership, a reference in this section to the proposed transferee includes a reference to each of the partners who, the commissioner has reasonable grounds for believing, intends to be concerned in, or to take part in, the management of the partnership's business in relation to the licence, whether or not the partner's name appears on the application.
(5) If a licence is held by a corporation, a reference in this section to the "licensee" (including a reference under subsection (3) to a partner of the licensee) includes a reference to a defined influential person in relation to the corporation.
(6) If a licence is proposed to be transferred to a corporation, a reference in this section to the "proposed transferee" (including a reference under subsection (4) to a partner of the proposed transferee) includes a reference to a defined influential person in relation to the corporation.