LIQUOR CONTROL ACT 1988 - SECT 102

LIQUOR CONTROL ACT 1988 - SECT 102

102 .         Management and control of incorporated licensees, approvals required

        (1)         A person who, without the approval of the licensing authority —

            (a)         assumes a position of authority in a body corporate that holds a licence; or

            (b)         subject to subsection (3), being a shareholder in a proprietary company that holds a licence, increases or decreases that shareholding,

                commits an offence.

        Penalty: a fine of $10 000.

        (2)         Subsection (1) does not apply to or in relation to an occasional licence.

        (3)         Subsection (1)(b) does not apply to a person who is a shareholder in a proprietary company that holds a licence if —

            (a)         at the time the person’s shareholding in the proprietary company changes, the occupation by the person of a position of authority in the proprietary company has been approved by the licensing authority under section 33(5); and

            (b)         the person gives the licensing authority written notice of the change in the person’s shareholding within 14 days after the change occurs.

        (4)         If a person is convicted of an offence under subsection (1) in relation to a body corporate (including a proprietary company) that holds a licence, the body corporate is to be taken to have also committed an offence and is liable to the penalty provided for in that subsection.

        [Section 102 amended: No. 73 of 2006 s. 70 and 110; No. 56 of 2010 s. 69.]