Queensland Consolidated Acts

TOBACCO AND OTHER SMOKING PRODUCTS ACT 1998 - SECT 44

44 Death of licensee

(1) This section applies if a licensee, who is an individual, dies (the
"deceased" ).

(2) The executor of the deceased’s estate may carry on the business conducted under the retail or wholesale licence as the licensee.

Note—

Under section 47 , the executor must notify the chief executive if the executor, administrator or trustee becomes the licensee.

(3) If the executor carries on the business conducted under the retail or wholesale licence, the executor—

(a) is taken to be the licensee; and

(b) is taken to be a fit and proper person to be a licensee despite section 40 .

(4) However, the executor may, as licensee, apply to renew or restore the retail or wholesale licence only if the chief executive is satisfied the renewal or restoration is necessary for the proper administration of the deceased’s estate.

(5) To remove any doubt, it is declared that the retail or wholesale licence continues to be subject to all limitations applying to the licence, including, for example, the term of the licence and all conditions applying to the licence.

(6) Nothing in this section prevents the retail or wholesale licence being suspended or cancelled while the executor is licensee under this section.

(7) In this section—

"executor" , of a deceased’s estate, means the executor, administrator or trustee of the deceased’s estate.