Australian Capital Territory Current Acts

LIQUOR ACT 2010 - SECT 69

    (1)     In this Act:

"suitability information", about a person, means information about the following:

        (a)     any conviction of, or finding of guilt against, the person for an offence against 1 or more of the following:

              (i)     this Act;

              (ii)     a law of another jurisdiction corresponding, or substantially corresponding, to this Act;

              (iii)     the Crimes Act 1900

;

              (iv)     the Criminal Code

;

              (v)     the Crimes Act 1914

(Cwlth);

              (vi)     the Criminal Code Act 1995

(Cwlth);

              (vii)     the Unlawful Gambling Act 2009

;

              (viii)     the Competition and Consumer Act 2010

(Cwlth);

              (ix)     the Fair Trading (Australian Consumer Law) Act 1992

;

              (x)     the Australian Consumer Law (ACT)

or a corresponding law of a State;

              (xi)     a law in force in Australia or elsewhere relating to the supply or consumption of liquor;

              (xii)     a law of the ACT with a maximum penalty of imprisonment for 1 year or more;

              (xiii)     a law elsewhere that, if the offence were committed in the ACT, would have a maximum penalty of imprisonment for 1 year or more;

Note     A reference to an Act (including a Commonwealth Act) includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act

, s 104).

        (b)     any proven noncompliance by the person with a legal obligation in relation to the supply of liquor;

Examples

1     a commissioner's direction has been made against the licensee

2     an emergency closure order has been made against the licensee

3     the person has had a licence suspended

        (c)     any refusal of an application by the person for a licence, permit or other authority (however described) in relation to the supply of liquor;

        (d)     whether the person complies with the requirements of this Act;

        (e)     if the person is an individual—whether the person is, or during the preceding 5 years was—

              (i)     bankrupt or personally insolvent; or

              (ii)     involved in the management of a corporation when the corporation was insolvent;

Note     Bankrupt or personally insolvent —see the Legislation Act

, dict.

        (f)     if the person is a corporation—

              (i)     whether the person is, or during the preceding 5 years was, insolvent; or

              (ii)     whether each influential person for the corporation is a suitable person to hold the licence or permit;

        (g)     if the person is a club—whether the club is an eligible club;

        (h)     if the person is a non-profit organisation—whether the organisation operates on a not-for-profit basis;

              (i)     the person's knowledge and understanding of the obligations under this Act applying in relation to the licence or permit;

        (j)     any other matter relevant to the person's ability to safely and responsibly supply liquor.

Note     Supply includes sell (see dict).

    (2)     In this section:

"insolvent—"a corporation is taken to be "insolvent" if the corporation—

        (a)     is being wound up; or

        (b)     has had a receiver or other controller appointed; or

        (c)     has entered into a deed of company arrangement with its creditors; or

        (d)     is otherwise under external administration under the Corporations Act

, chapter 5.