LIQUOR CONTROL ACT 1988 - SECT 37B
LIQUOR CONTROL ACT 1988 - SECT 37B
37B . Fingerprints etc., licensing authority’s powers to obtain
(1) The licensing
authority may by notice in writing (an identification notice ) require a
person to whom subsection (2) or (3) applies to attend at a specified place
and there have his or her fingerprints and palm prints taken by a police
officer.
(2) This subsection
applies to a person who makes an application to the licensing authority
—
(a) for
a licence; or
(b) for
approval to occupy a position of authority in a body corporate that is a
licensee; or
(c) for
approval as an approved unrestricted manager or an approved restricted
manager.
(3) This subsection
applies to —
(a) a
licensee; or
(b) a
person who occupies a position of authority in a body corporate that is a
licensee; or
(c) an
approved unrestricted manager or an approved restricted manager,
whose fingerprints and
palm prints have not been taken in accordance with an identification notice
given for the purposes of an application referred to in subsection (2).
(4) If a person to
whom subsection (2) applies refuses to comply with an identification notice,
the licensing authority may refuse the relevant application.
(5) If a person to
whom subsection (3) applies refuses to comply with an identification notice, a
proper cause for disciplinary action under section 96 is to be taken to have
been made out in respect of the person.
(6) The Commissioner
of Police is to cause fingerprints and palm prints taken under this section
and any copy of them to be destroyed —
(a) in
the case of fingerprints or palm prints taken from a person to whom subsection
(2) applies —
(i)
if the relevant application is not granted; or
(ii)
if, after the relevant application is granted, the person
ceases to be a licensee, to occupy a position of authority in a body corporate
that is a licensee, or to be an approved unrestricted manager or an approved
restricted manager;
or
(b) in
the case of fingerprints or palm prints taken from a person to whom subsection
(3) applies — if the person ceases to be a licensee, to occupy a
position of authority in a body corporate that is a licensee, or to be an
approved unrestricted manager or an approved restricted manager.
(7) The licensing
authority is to provide the Commissioner of Police with any information that
the Commissioner of Police requires to comply with subsection (6).
[Section 37B inserted: No. 73 of 2006 s. 31;
amended: No. 56 of 2010 s. 10; No. 25 of 2023 s. 21(1).]