Authorised persons for licence
23 Authorised persons for licence
In this section —
close associate, of a licensee, means any of the following persons —
an employee or agent of, or contractor to, the licensee;
an officer of a body corporate that holds the licence;
a person who holds a relevant management position in a body corporate or partnership that holds the licence;
if the licensee is a club — a member of the club.
An authorised person for a licence is an individual who —
is eligible under this section to be an authorised person for the licence; and
is approved as an authorised person for the licence.
The following persons are eligible to be an authorised person for a licence —
the licensee;
a close associate of the licensee.
A person who is under 15 years of age is not eligible to be an authorised person for a licence.
Note for this subsection:
Fifteen years is the minimum age for any approval under this Act. See section 158.
The responsible person for a licence can (if otherwise eligible) be an authorised person for the licence.
Note for this subsection:
There must be a responsible person for a licence if the licence is held by a body corporate, partnership or Government entity. See section 128.
If an act or omission of an authorised person for a licence (other than the licensee) in the course of activities under the authority of the licence would constitute an offence under this Act if it were an act or omission of the licensee —
the act or omission of the authorised person is taken to be an act or omission of the licensee, with the result that the licensee is taken to have committed the offence; and
the offence is taken to apply also to an act or omission of the authorised person (in the same way as it applies to an act or omission of the licensee), with the result that the authorised person is also taken to have committed the offence; and
either the authorised person or the licensee, or both of them, can be prosecuted for the offence.
This Act’s bill:Explanatory memorandumSecond reading speech
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