Victorian Consolidated Legislation

Liquor Control Reform Act 1998 - SECT 54

Nominee of licensee or permittee

54. Nominee of licensee or permittee



(1) A licensee or permittee that is a body corporate may apply to the Director
for the approval of a person as nominee of the licensee or permittee.

(2) A person who holds a club licence on behalf of an unincorporated club may
apply to the Director for the approval of a person as nominee of the club.

(2A) An application under this section must be accompanied by the fee
specified in the regulations for the purposes of this section.

(3) The Director must give a copy of the application to the Chief
Commissioner.

(4) The Chief Commissioner may object to the application on the ground that
the person is not a suitable person to be the nominee of the licensee or
permittee.

(5) An objection must-

   (a)  be made to the Director in writing within 21 days after the day on
        which a copy of the application was given to the Chief Commissioner;
        and

   (b)  state the reasons for the objection.

(6) After the end of the period specified in subsection (5)(a) (or that period
as extended under section 174), the Director must grant the application if
satisfied that the person is a suitable person to be the nominee of the
licensee or permittee.

(6A) A person becomes the nominee of the licensee or permittee on the Director
granting the application.



(7) In making his or her decision, the Director must consider any objection
made under subsection (4).

(8) Section 44(3) applies to the determination of an application under this
section.

(9) A person approved as nominee under this section is liable as if he or she
were the licensee or permittee.

(10) A person ceases to be a nominee on ceasing to manage or control the
licensed premises in circumstances in which that cessation is, or is likely to
be, permanent.

Note On a person ceasing to be a nominee, section 53(4) ceases to apply. This
has the effect under section 53 of re-imposing liability as a licensee or
permittee on the directors or members of the committee of management (as the
case may be) of the body holding the licence or permit.



(11) The licensee or permittee must notify the Director in writing that a
person has ceased to be the nominee of the licensee or permittee within 14
days after that cessation occurs.

Penalty applying to this subsection: 5 penalty units.