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LIQUOR ACT 1992 - SECT 142R Deciding application

LIQUOR ACT 1992 - SECT 142R

Deciding application

142R Deciding application

(1) The commissioner must consider the application and either grant, or refuse to grant, the application as soon as practicable after the last of the following events happens—
(a) the commissioner receives the application;
(b) the commissioner receives all necessary information to decide the application.
(2) The commissioner may grant the application only if the commissioner is satisfied the applicant is a suitable person to hold the approval.
(3) In deciding whether the applicant is a suitable person to hold the approval, the commissioner may have regard to the following—
(a) the applicant’s knowledge of this Act;
(b) the applicant’s understanding of an approved manager’s obligations and responsibilities under this Act;
(c) 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 approval;
(d) whether the applicant has been convicted of a prescribed offence;
(e) if the applicant is, or has been, the subject of a control order or registered corresponding control order—the terms of the order.
(3A) However, the commissioner may not have regard to criminal intelligence in deciding whether a person is a suitable person to hold the approval.
(4) The commissioner may obtain a report from the police commissioner in relation to the applicant’s criminal history, including whether the person is, or has been, the subject of a control order or registered corresponding control order.
(5) A report under subsection (4) must—
(a) include reference to or disclosure of convictions of the applicant mentioned in the Criminal Law (Rehabilitation of Offenders) Act 1986 , section 6 ; and
(b) if the applicant 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.