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Contents (2012 - 74)
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Boarding Houses Act 2012 No 74
Current version for 31 October 2018 to date (accessed 16 December 2019 at 10:52)
46   Decision of Secretary in relation to licence application
(cf YCS Act, s 12)
(1)  The Secretary may, after considering an application for a boarding house licence (including any application probity checks or other matters required by the regulations), grant the licence or refuse to grant the licence.
(2)  Without limiting subsection (1), the Secretary may refuse to grant a boarding house licence if the Secretary is of the opinion that:
(a)  a person proposed as the licensee, an individual proposed as the approved manager or any close associate of the applicant is not a suitable person to be involved in the management or operation of an assisted boarding house, or
(b)  the applicant does not have (or is unlikely to have) the financial capacity to operate the proposed licensed boarding house.
(3)  The Secretary must refuse to grant a boarding house licence if the Secretary is of the opinion that (based on information obtained from application probity checks) any of the following persons has been convicted of a serious criminal offence:
(a)  the applicant,
(b)  an individual proposed as the approved manager,
(c)  a proposed staff member,
(d)  if the applicant is not a natural person—any person involved in the control or management of the applicant (such as a chief executive officer, director or majority shareholder of a corporation),
(e)  if the applicant makes the application on behalf of an unincorporated body—any partner or member of the management committee or other office holder of the body,
(f)  any other close associate of the applicant in respect of whom an application probity check has been required by the Secretary.
(4)  The regulations may also specify mandatory or discretionary grounds for refusing the granting of a licence.
(5)  As soon as practicable after the Secretary determines an application, the Secretary must serve the applicant with a notice stating whether the licence has been granted and, if it has been refused, the reasons for the refusal.