Objection to appointment of responsible person or substitute responsible person
31 Objection to appointment of responsible person or substitute responsible person
If the Commissioner receives an application to which this section applies, the Commissioner must cause notice of the application to be published on a website determined by the Commissioner.
A designated entity may, in response to a notice published under subsection (1) in respect of an application and by notice in writing, lodge with the Commissioner an objection to the application on the grounds that the person proposed to be appointed as a responsible person, or as a substitute responsible person, is not a fit and proper person to be a responsible person.
A notice of objection under subsection (2) must—
state reasons for the objection; and
be made within 14 days of notice of the application being published under subsection (1).
If the Commissioner receives a notice of objection under subsection (2) in respect of an application, the
Commissioner must—
forward a copy of the notice of objection to the person making the application as soon as reasonably practicable after receiving the notice;
and
allow a period of 14 days from the date of forwarding the notice for the applicant to respond to the notice of objection.
If a notice of objection has been lodged under subsection (2) in respect of an application—
the Commissioner must not grant the application unless the
Commissioner has taken into account the objection and the response of the applicant to the objection (if any); and
if the Commissioner grants the application, the Commissioner must give notice of the grant to the designated entity that lodged the notice of objection.
This section applies to the following applications:
an application under section 28(1)(b) to appoint another individual as a responsible person for a licence;
an application under section 30(1) to appoint an individual as a substitute responsible person.
In this section—
designated entity has the same meaning as in section 16.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.