Queensland Consolidated Acts

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LIQUOR ACT 1992 - SECT 109B

109B Controllers

(1) A licensee or permittee who holds an adult entertainment permit may nominate an adult to be a controller to supervise the provision of the adult entertainment under the permit to ensure that it is provided in accordance with this Act and the conditions of the permit.

(2) The nomination of a person by a licensee or permittee as a controller has no effect until it is authorised by signed written notice from the chief executive to the licensee or permittee.

(3) If the licensee or permittee nominates a person to be a controller, the licensee or permittee must, within 14 days after nominating the person, give to the chief executive the following particulars about the person—

(a) the person's full name and residential address;
(b) the date and place of the person's birth;
(c) any other particulars prescribed under a regulation.

Maximum penalty—25 penalty units.

(4) Before authorising the nomination, the chief executive must give to the commissioner any particulars about the person the chief executive considers relevant to the nomination.

(5) On receiving the particulars, the commissioner must make the inquiries the commissioner considers appropriate including—

(a) inquiries about the person's criminal history; and
(b) inquiries to the Prostitution Licensing Authority.

(6) The commissioner must report to the chief executive after receiving the results of the inquiries.

(7) The commissioner's report may include recommendations.

(8) The commissioner's report must include reference to or disclosure of convictions of the person mentioned in the Criminal Law (Rehabilitation of Offenders) Act 1986, section 6.

(9) Without limiting subsection (2), the chief executive must refuse to authorise the nomination if the chief executive is satisfied the nominated person is not a suitable person to be a controller.

(10) In deciding whether the nominated person is a suitable person to be a controller, the chief executive must consider all relevant matters including the following—

(a) whether the nominated person has an interest in a licensed brothel;
(b) whether the nominated person has been convicted of—
(i) an indictable offence; or
(ii) an offence against the Prostitution Act 1999;
(c) whether the nominated person has been charged with any offence of a sexual nature that involves violence, intimidation, threats or children, including the circumstances surrounding the laying of the charge and whether proceedings in relation to the charge are continuing or have been discontinued.

(11) For subsection (10)(c), it does not matter whether the offence is alleged to have been committed in Queensland or elsewhere.



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