Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) This section does not apply to a person who, immediately before the commencement of this Act, was carrying on a prescribed business.
(2) A person who proposes to carry on a prescribed business must give to the Director of Local Government at least one month’s notice in writing of his or her intention to do so.
(3) A notice under subsection (2) is to specify –
(a) in the case of a natural person, the full name and address of the person proposing to carry on the prescribed business; and
(b) in the case of a body corporate, the full name and address of that body and of a director, secretary or public officer of that body; and
(c) the business name, if any, and address of the premises at which it is proposed to carry on the prescribed business.
(4) Within 21 days after receipt of a notice under subsection (2), the Director of Local Government may lodge a notice of objection in the court of petty sessions nearest to the premises where it is proposed to carry on the prescribed business if –
(a) in the case of a natural person –
(i) the person has been convicted of an offence under this Act, the Cremation Act 1934 or Part 4 of the Local Government (Building and Miscellaneous Provisions) Act 1993; or
(ii) the person is not, in the opinion of the Director of Local Government, a fit and proper person to carry on the prescribed business; or
(b) in the case of a body corporate –
(i) a person concerned in the management of the body corporate has been convicted of an offence under this Act, the Cremation Act 1934 or Part 4 of the Local Government (Building and Miscellaneous Provisions) Act 1993; or
(ii) any such person is not, in the opinion of the Director of Local Government, a fit and proper person to carry on the prescribed business.
(5) The Director of Local Government must, on lodging a notice of objection under subsection (4), serve a copy of the notice –
(a) in the case of a natural person proposing to carry on the prescribed business, personally on that person; or
(b) in the case of a body corporate, personally on a director of the body corporate, the secretary or the public officer, or any person who the Director of Local Government reasonably believes is a responsible officer, of the body corporate.
(6) Service of the notice of objection may be proved in the same way as service of a summons under the Justices Act 1959.