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LIQUOR ACT 2010 - SECT 71 Commissioner may require police certificate or information for person

LIQUOR ACT 2010 - SECT 71

Commissioner may require police certificate or information for person etc

    (1)     This section applies if the commissioner is making a decision about whether a person is a suitable person to hold a licence or permit.

    (2)     The commissioner may, by written notice given to the person (a  personal information notice ), require the person to give the commissioner 1 or more of the following not later than a stated reasonable time:

        (a)     a police certificate for 1 or more of the following people, dated not earlier than 3 months before the date of the personal information notice:

              (i)     the person;

              (ii)     a close associate of the person;

              (iii)     if the person is a corporation—an influential person for the person;

              (iv)     if someone other than the proposed licensee is to have day-to-day control of the business operated under the licence and the decision relates to suitability for a licence—each person who is to have day-to-day control;

        (b)     other stated information about the person;

        (c)     a police certificate or other stated information about anyone else the commissioner suspects on reasonable grounds is in a position to exercise significant influence over the conduct of the person.

Examples—par (c)

1     domestic partner, parent, child or sibling of, or a member of the same household as the person

2     close friend of the person

3     someone else who has regular contact with the related person

    (3)     A personal information notice must also tell the person that giving false or misleading information is an offence against the Criminal Code

, section 338 (Giving false or misleading information).