(1)  A holder of a licence, without the Secretary’s approval, must not allow another person to use the licence –

(a) by means of leasing, subleasing or lending; or

(b) by acting as a supervisor; or

(c) by any other arrangement or agreement.

Penalty:  Fine not exceeding 100 penalty units.

(2)  The Secretary may, for the purposes of subsection (1) , grant an approval for a person to use a licence if satisfied that the person for whom the approval is sought –

(a) is eligible to hold the licence; and

(b) is not disqualified from holding a licence under this Act.

(2A)  The Secretary may defer a decision in respect of an approval if –

(a) the person for whom the approval is sought has been charged with an offence under this Act, a corresponding law or any other Act the Secretary considers relevant; and

(b) the charge has not been determined at the time the application was made –

until the charge is determined.

(3)  It is a defence in proceedings under subsection (1) if the defendant establishes that he or she–

(a) was no longer the holder of the relevant licence because the licence has been transferred; or

(b) is otherwise authorised to do so.

(4)  Unless the Secretary otherwise determines, any agreement which allows a person to use a licence held by another person is unenforceable–

(a) for the purposes of this Act or any other Act; and

(b) in any legal proceedings initiated by any of the parties to the agreement.