LIVING MARINE RESOURCES MANAGEMENT ACT 1995 - SECT 246 Permanent disqualification from obtaining licence
LIVING MARINE RESOURCES MANAGEMENT ACT 1995 - SECT 246
Permanent disqualification from obtaining licence
(1) The following are permanently disqualified from obtaining or holding a licence:(a) a person to whom 200 or more demerit points have been allocated consequent on one or more serious convictions;(b) a person who is or has been a partner in a partnership or a major shareholder in a body corporate to which 200 or more demerit points have been allocated consequent on one or more serious convictions;(c) a partnership or body corporate which has or had a partner or major shareholder(i) to whom 200 or more demerit points have been allocated consequent on one or more serious convictions; or(ii) who has been a partner of another partnership or major shareholder in another body corporate to which 200 or more demerit points have been allocated consequent on one or more serious convictions.(2) A major shareholder is a person who holds more than 10% of the issued shares in a body corporate.(3) The Secretary, by notice in writing, must notify a person of (a) any disqualification under this section; and(b) the date on which the disqualification takes effect.(4) A person must transfer, to a person other than their associate, a licence to which a disqualification under this section relates(a) within 6 months after receipt of a notice under subsection (3) ; and(b) in accordance with Division 5 of Part 4 .(4A) For the purposes of section 82 , a person who is obligated to transfer a licence by subsection (4) is taken to remain the holder of that licence until the transfer is effected.(5) The Minister must cancel a licence which is not transferred under subsection (4) .(6) For the avoidance of doubt, the operation of this section prevails over the operation of section 246A .(7) In this section associate , of the transferor of a licence, has the same meaning as in section 82 ;serious conviction means a conviction for an indictable offence tried before the Supreme Court.