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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.