Interim authorisations to carry on business under licence
86 Interim authorisations to carry on business under licence
In this section, a reference to the business of the licensee is a reference to the business carried on by the licensee under the licence immediately before the death of the licensee, or the bankruptcy or other disability or event referred to in this section, occurred.
Subject to subsection (4), where a licensee dies —
the executor or other person entitled to, or who has obtained, a grant of administration of the estate of the licensee; or
a relative or legatee of the licensee, being a person approved by the Director; or
a nominee of any such person who is approved by the Director,
may carry on the business of the licensee as though that person were the licensee until the expiration of 3 months from the date of death of the licensee.
Subject to subsection (4), where a licensee becomes permanently disabled by accident, physical or mental illness, or infirmity from carrying on business under the licence —
a person authorised or appointed by law to administer the affairs of the licensee; or
a relative of the licensee, being a person approved by the Director; or
a nominee of any such person who is approved by the Director,
may carry on the business of the licensee as though that person were the licensee until the expiration of 3 months from the date of that person going into possession of the licensed premises.
Where a licence is held jointly and a holder of the licence dies or becomes permanently disabled by accident, physical or mental illness, or infirmity from carrying on business under the licence, the remaining holder or holders of the licence may be treated, for the purposes of this Act, as the sole licensee or as the licensees, if —
the Director is notified in writing of the name and date of death or disability of that holder and of the reasons for any disability alleged as soon as is practicable; and
the Director acknowledges that the disability alleged will be regarded by the Director as a permanent disability.
Where a licensee is insolvent under administration, within the meaning of the Corporations Act 2001 of the Commonwealth, the person who has lawful control of the licensed premises, or a nominee of any such person who is approved by the Director, may carry on the business of the licensee as though that person were the licensee until the expiration of 3 months from the date of going into possession of the licensed premises.
Where a licensee that is a body corporate becomes a Chapter 5 body corporate, within the meaning of the Corporations Act 2001 of the Commonwealth, the person who has lawful financial control of the licensed premises, or a nominee of any such person who is approved by the Director, may carry on the business of the licensee as though that person were the licensee until the expiration of 3 months from the date of going into possession of the licensed premises.
Where a petition for the bankruptcy of a licensee, or to wind up a licensee that is a body corporate, is filed the licensee shall notify the Director in writing of that fact and of the date of filing, within 7 days of the date of filing.
Where a person applies to the Director —
for approval to carry on a business; or
for some other person sought to be appointed to be approved as nominee by the Director,
under this section, if the Director is satisfied on the information then before the Director that there is nothing that would have precluded the grant of approval of a transfer to that person the application under this subsection may be granted, without opportunity for objection, and the Director must cause the name of that person and of any approved nominee to be endorsed on the licence but the endorsement is evidence of the authorisation to carry on business under this section only and does not operate as a transfer or prejudice the consideration of an application for approval of a transfer.
A person who exercises a right to carry on the business of a licensee, otherwise than with the prior approval of the Director, shall within 7 days after commencing to do so, notify the Director in writing of that fact, of the date of commencing to do so, and of the circumstances by reference to which the right is claimed and shall provide to the Director such further or other information or records as may be required by the Director.
Where —
a person purports to exercise the right to carry on the business of a licensee under this section for a period of more than 3 months, and no relevant business continuity order under section 87 applies; or
the business of a licensee ceases to be carried on by the licensee but no person exercises a right conferred by this section; or
a person who is not authorised under this section or section 87 to carry on the business formerly carried on by a licensee purports to exercise a right to do so,
the operation of the licence may be taken by the Director to have been suspended as from such date as the Director may determine.
[Section 86 amended: No. 12 of 1998 s. 59; No. 10 of 2001 s. 220; No. 73 of 2006 s. 61; No. 14 of 2025 s. 8(2); No. 20 of 2025 s. 5, 7, 67 and 124(1).]
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