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LIQUOR ACT 2007 - SECT 62
Carrying on licensee's business after death etc of licensee
62 Carrying on licensee's business after death etc of licensee
(1) In this section, a reference to the business of a licensee is a reference
to the business of the licensee carried on by the licensee under the licence
immediately before the licensee's death, bankruptcy or other disability
referred to in this section.
(2) If a licensee dies, the business of the
licensee may be carried on for a period not exceeding one month by a person of
or above the age of 18 years who-- (a) was the spouse or de facto partner of
the licensee, or
(b) is a member of the family left by the licensee, or
(c)
carries on the business on behalf of the family left by the licensee,
so long
as the Authority is notified immediately that the business of the licensee is
being so carried on.
Note : "De facto partner" is defined in section 21C of the Interpretation Act
1987 .
(3) If, within the period of one month referred to in subsection (2),
an application is made to the Authority by-- (a) the person carrying on the
business of the licensee under subsection (2), or
(b) a person who claims
that, for the purpose of continuing to carry on the business, the person
should be preferred to the person referred to in paragraph (a),
for
endorsement of the licence, as agent, of the name of the applicant, the person
referred to in paragraph (a) may continue to carry on the business of the
licensee until the application is determined.
(4) If, under the
Bankruptcy Act 1966 of the Commonwealth, a trustee holds office in relation
to the business of a licensee, the business of the licensee may be carried on
by the trustee, or by a person authorised for the purpose by the trustee, so
long as-- (a) the Authority is notified immediately that the business is being
so carried on, and
(b) an application is made to the Authority by the trustee
as soon as practicable for endorsement on the licence, as agent, of the name
of the person so authorised.
(5) If a licensee becomes a mentally
incapacitated person, the business of the licensee may be carried on by the
NSW Trustee and Guardian or a person authorised for the purpose by the NSW
Trustee and Guardian, so long as-- (a) the Authority is notified immediately
that the business of the licensee is being so carried on, and
(b) an
application is made to the Authority by the NSW Trustee and Guardian as soon
as practicable for endorsement on the licence, as agent, of the name of the
person so authorised.
(6) A person who carries on the business of a licensee
under this section is, while the person so carries on the business, taken to
be the licensee.
(7) An application under this section must be accompanied by
the fee prescribed by the regulations.
(8) The Authority is to notify the
Secretary and the Commissioner of Police of any application under this section
and the Secretary and the Commissioner are entitled to make submissions in
relation to such an application.
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