(1) The commissioner may grant an application for a licence or permit only if
the commissioner is satisfied that the applicant is not a disqualified person
and is a fit and proper person to hold the licence or permit applied for
having regard to—
(a) whether the applicant demonstrates knowledge and
understanding of the obligations of a licensee or permittee of the relevant
kind under this Act; and
(b) whether the applicant is a person of good repute
who does not have a history of behaviour that would render the applicant
unsuitable to hold the licence or permit applied for; and
(c) whether the
applicant demonstrates a responsible attitude to the management and discharge
of the applicant’s financial obligations; and
(d) whether the applicant has
been convicted of a prescribed offence; and
(e) if the applicant is, or has
been, the subject of a control order or registered corresponding control
order—the terms of the order.
(2) If the applicant is a corporation, or the
commissioner knows, or suspects on reasonable grounds, that the applicant
would hold any licence or permit granted on behalf of an unincorporated
association or partnership, the commissioner must discharge the responsibility
under subsection (1) by applying the subsection to—
(a) each executive
officer of the corporation; or
(b) each person who is an executive officer of
the association or a member of the partnership of whom the commissioner has
knowledge;
as if each such person were the applicant.
(4) Subject to
section 123, the commissioner may grant an application only if the premises
to which it relates are, in the commissioner’s opinion, suitable for conduct
of business under authority of the licence or permit applied for.
(5) The
commissioner may obtain—
(a) a report from the police commissioner in
relation to the criminal history of—
(ii) each person to whom subsection (1) applies as if the person
were the applicant; and
(b) if the applicant or person holds or previously
held in another State or a Territory a relevant licence, permit, authority,
interest or position—a report from the appropriate authority in the State or
Territory.
(b) if the applicant or person is, or has been, the subject of a control order
or registered corresponding control order—
(i) state the details of the
order; or
(ii) be accompanied by a copy of the order.
(7) For subsection (1)
, the commissioner may not have regard to criminal intelligence in deciding
whether a person is, or continues to be, a fit and proper person to hold a
licence or permit under this Act.
(8) In this section—
"permit" does not include an adult entertainment permit.
