Kava Management Act 1998

(1) If a licensee is, or is expected to be, unable for any reason to conduct the licensee's business under a licence, the Director may appoint a person who in the Director's opinion is a fit and proper person to conduct the business of the licence to act in the place of the licensee.

(2) For the purpose of appointing a person to act under subsection (1):

(a) the Director may make the investigations the Director thinks fit to determine the character of a proposed appointee and section 63(2) and (4) applies with the necessary changes; and

(ii) the usual place of residence or usual place of business of a person appointed to act in the place of a retail licensee is not required to be within the licence area in respect of which the licensee's licence was granted.

(3) On appointing a person under subsection (1) the Director must re-issue the licence endorsed with the name of the person appointed as the person who conducts the business under the licence.

(4) A person appointed under subsection (1) to act as a licensee has all the rights, authorities, powers, functions and obligations of the licensee and for all purposes is to be taken to be the licensee while the appointment is in force.

(a) the expiration of the period that the licensee is unable to conduct the business under the licence;

(b) the Director grants another licence in respect of the business conducted under the licence;

whichever occurs first.

(6) A reference in subsection (1) to a reason for the inability of a licensee to conduct the licensee's business under a licence is to be read as including a reference to:

(c) the bankruptcy, application to take the relief of a law for the relief of bankrupt or insolvent debtors or making of an assignment of the licensee's property, interest or remuneration for the benefit of the licensee's creditors; and

(d) an illness or other mental or physical incapacity of the licensee.