(1) An application for the Authority's approval of a person to manage
licensed premises must be in the form and manner approved by the Authority and
be accompanied by the fee prescribed by the regulations.
(2) The Authority
may grant any such application or refuse to grant the application.
(3) In
determining an application for approval of a person to manage
licensed premises, the Authority has the same powers in relation to the
application as the Authority has in relation to an application for a licence.
(4) The Authority's approval may not be given unless the Authority is
satisfied that the person concerned--
(b) understands the person's responsibilities in
relation to, and is capable of implementing, practices in place at
licensed premises for ensuring the responsible sale, supply and service of
alcohol and the prevention of intoxication, and
(c) if the Authority has
required the person to attend a course of training or instruction approved by
the Secretary--has completed the course to the standard required by the
Authority.
(4A) Without limiting subsection (4)(a), a person is not a fit and
proper person to manage licensed premises if the Authority has reasonable
grounds to believe from information provided by the Commissioner of Police in
relation to the person--
(b) that the nature
and circumstances of the person's relationship with the organisation or its
members are such that it could reasonably be inferred that improper conduct
that would further the criminal activities of the declared organisation is
likely to occur if the person is granted an approval.
(4B) The Authority is
not, under this or any other Act or law, required to give any reasons for not
granting an approval because of subsection (4A) to the extent that the giving
of those reasons would disclose any criminal intelligence.
(4C) Without
limiting subsection (4)(a), in determining whether a person is a fit and
proper person to manage licensed premises the Authority is to consider whether
the person--
(a) is of good repute, having regard to character, honesty and
integrity, and
(5) If the
Authority is satisfied that there is nothing that might preclude the Authority
from approving of the person to manage licensed premises, but requires more
information before making a final decision, the Authority may give a
provisional approval of the person to be such a manager.
(6) A provisional
approval is sufficient to authorise the appointment of the person, in
accordance with section 69, as manager of the licensed premises until such
time as the Authority confirms the approval of the person.
