(1) This section applies if the commissioner receives an application for a permit under section 50.
(2) The commissioner must issue the permit to the proposed permit-holder only if satisfied that—
(a) if the proposed permit-holder is an individual—the proposed permit-holder is an adult; and
(b) each of the following people is a suitable person to hold the permit:
(i) the proposed permit-holder;
(ii) each close associate of the proposed permit-holder;
(iii) if the proposed permit-holder is a corporation—each influential person for the proposed permit-holder; and
(c) if the commissioner requires the proposed permit-holder to give information about another person under section 71 (2) (c)—the information does not affect the proposed permit-holder's suitability to hold the permit; and
(d) the proposed permitted premises are suitable premises for the permit; and
(e) the proposed permit-holder complies, and is likely to continue to comply, with the requirements of this Act; and
(f) the proposed permitted premises comply with the requirements of this Act.
Note 1 A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act
, s 104).
Note 2
Suitable person , to hold a licence or
permit—see s 67.
"Suitable premises", for a licence or
permit—see s 75.
Note 3 In making this decision, the commissioner must have regard to the harm minimisation and community safety principles (see s 10).
Note 4 A decision under this subsection is a reviewable decision (see s 220).
(3) The commissioner must, not later than the required time—
(a) decide the application; and
(b) tell the proposed permit-holder about the decision on the application.
(4) In this section:
"required time" means the latest of the following:
(a) if the commissioner requires the proposed permit-holder to provide a police certificate or information under section 71 (Commissioner may require police certificate or information for person etc)—90 days after the day the commissioner receives the certificate or other information;
(b) if the commissioner requires the proposed permit-holder to provide a certificate, plan or other information under section 79 (Commissioner may require plan etc for premises)—90 days after the day the commissioner receives the certificate, plan or information;
(c) if the commissioner asks the proposed permit-holder to allow the commissioner to inspect the premises under section 80 (Commissioner may require inspection of premises)—90 days after the day the commissioner inspects the premises;
(d) 90 days after the day the commissioner receives the application.
Note Failure to issue a permit within the required time is taken to be a decision not to issue the permit (see ACT Civil and Administrative Tribunal Act 2008
, s 12).