Western Australian Consolidated Acts Western Australian Consolidated Acts (1)
Subsection (2) applies to any application made to the licensing authority
for —
(a) the
grant or removal of a licence;
(b)
approval to the transfer of a licence; or
(c)
approval to a person —
(i)
as a manager;
(ii)
as a trustee; or
(iii)
as the occupant of a position of authority in a body
corporate that holds a licence.
(2) The licensing
authority shall not hear or determine any application to which this subsection
applies, if that application is made —
(a)
subject to subsection (3), by a person who —
(i)
is, according to the Interpretation Act 1984
section 13D, a bankrupt or a person whose affairs are under insolvency
laws; or
(ii)
by reason of mental disorder, is incapable of managing
his or her affairs; or
(iii)
is, or under any written law is deemed to be, under
sentence of imprisonment; or
(iv)
being a body corporate, is an externally-administered
body corporate within the meaning of the Corporations Act 2001 of the
Commonwealth; or
(v)
is disqualified from holding a licence, or holds a
licence which is suspended, pursuant to an order made in disciplinary
proceedings under this Act;
(b) by a
juvenile; or
(c) by a
person who —
(i)
holds office or is employed in the Public Service of the
State or of the Commonwealth, or in any agency or instrumentality of the
Crown; or
(ii)
is a sheriff’s officer, bailiff or other person
employed or authorised to execute any legal process,
unless the licensing
authority is satisfied that there is no conflict of interest between the
applicant’s employment and the operation of the licence.
(3) The licensing
authority may approve a person referred to in subsection (2)(a)(i) as a
manager if it is satisfied that special circumstances apply.
[Section 34 amended by No. 12 of 1998
s. 21 and 97(1); No. 10 of 2001 s. 220; No. 18 of 2009 s. 51.]