Victorian Consolidated Legislation

Prostitution Control Act 1994 - SECT 37

Circumstances in which Authority must refuse licence application

37. Circumstances in which Authority must refuse licence application



(1) The Authority must refuse to grant a licence to a person whom it is
satisfied-

   (a)  is not a suitable person to carry on business as a prostitution
        service provider; or

   (b)  has, within the preceding 5 years, been convicted or found guilty of a
        disqualifying offence; or

   (c)  has, within the preceding 5 years, had a licence granted to him or her
        cancelled under Division 4; or

   (d)  is an associate of a person who has, or of a body corporate which has,
        within the preceding 5 years, been convicted or found guilty of a
        disqualifying offence; or

   (e)  is an associate of a body corporate a director or secretary of which
        has, within the preceding 5 years, been convicted or found guilty of a
        disqualifying offence; or

   (f)  is an insolvent under administration; or





   (g)  is a represented person within the meaning of the
        Guardianship and Administration Act 1986.

(2) For the purposes of subsection (1)(d) a person is an associate of another
person if he or she-

   (a)  is a relative (other than an uninvolved relative) of that other
        person; or





   (b)  is a business partner of that other person; or

   (c)  has entered into a business arrangement or relationship or a lease
        with that other person in respect of a prostitution service providing
        business.

(3) For the purposes of subsection (1)(d) or (e) a person is an associate of a
body corporate if he or she-

   (a)  is a director or secretary of the body corporate or a relative (other
        than an uninvolved relative) of such a director or secretary; or



   (b)  holds or will hold any relevant financial interest, or is or will be
        entitled to exercise any relevant power (whether in his or her own
        right or on behalf of any other person), in the business of the body
        corporate and thereby is able or will be able to exercise a
        significant influence over or with respect to the management or
        operation of that business; or

   (c)  holds or will hold any relevant position (whether in his or her own
        right or on behalf of any other person) in the business of the body
        corporate; or

   (d)  has entered into a business arrangement or relationship or a lease
        with the body corporate in respect of a prostitution service providing
        business.

(4) Subsection (1)(f) applies to a person who is an insolvent under
administration within the meaning of paragraph (b) of the definition of
insolvent under administration in section 3 only if the person became an
insolvent under administration within the meaning of that paragraph on or
after the commencement of section 10 of the Licensing and Tribunal (Amendment)
Act 1998.