Contents (2012 - 74)
Boarding Houses Act 2012 No 74
45 Investigations and inquiries in relation to licence applications
(cf YCS Act, s 11 (2))
(1) If the Secretary receives an application for a boarding house licence, the Secretary may carry out such investigations and inquiries in relation to the application as the Secretary considers necessary for a proper consideration of the application.(2) Without limiting subsection (1), the Secretary is to conduct (or to arrange for the conduct of) the following checks (an application probity check) before an application for a licence is determined:(a) criminal record checks of the applicant, a proposed approved manager and any proposed staff members of the proposed licensed boarding house,(b) if the applicant is not a natural person—criminal record checks of any person involved in the control or management of the applicant (such as a chief executive officer, director or majority shareholder of a corporation),(c) if the applicant makes the application on behalf of an unincorporated body—criminal record checks of any partner or member of the management committee or other office holder of the body,(d) a criminal record check of any other close associate of the applicant that may be required by the Secretary,(e) a check of the financial capacity of the applicant and the applicant’s close associates to operate the proposed assisted boarding house,(f) such other checks as may be prescribed by the regulations.(3) The Secretary may require an applicant to conduct any of the application probity checks and provide the results of those checks to the Secretary either when the application is made or at a specified time before the application is determined.(4) If a criminal record check in relation to a person cannot be conducted or is unavailable (whether at all or in relation to a particular period), the Secretary may require the person concerned to provide the Secretary with a statutory declaration in the approved form regarding the person’s criminal record.Note.For example, a criminal record check may not be able to be conducted in relation to a period of time during which the person concerned resided overseas.(5) The Secretary may refuse to determine an application for a licence if a requirement made by the Secretary under this section is not complied with.