Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts62. After section 89 of the Principal Act the following section is inserted:
“89A. (1) A person who is, who is named as, or who is otherwise entitled to become, a legal personal representative of a deceased licensee (in this section called ‘the applicant') is eligible for the grant of an authorisation to carry on the business of the deceased temporarily.
“(2) An application for the grant of an authorisation—
(a) shall be in writing and signed by the applicant;
(b) shall be lodged with the Registrar within 28 days after the death or such longer period as the Registrar allows;
(c) in the case of an application by an individual who is not the legal personal representative of the deceased—shall state in relation to the applicant—
(i) full name;
(ii) date and place of birth; and
(iii) present residential address and any other addresses at which the applicant has resided during the 3 years immediately preceding the date of the application;
(d) shall be accompanied by—
(i) in the case of an applicant who is the legal personal representative of the deceased—evidence of the applicant's appointment as legal personal representative;
(ii) in the case of an applicant who is named as the legal personal representative of the deceased—evidence of that fact and proof of identity of the applicant; or
(iii) in the case of any other applicant—evidence of the applicant's entitlement to appointment as legal personal representative and proof of identity of the applicant; and
(e) shall state the period, being a period to expire no more than 6 months after the date of death of the deceased, for which the authorisation is sought.
“(3) The Registrar shall grant an authorisation unless—
(a) the applicant or, in the case of an application by a corporation, a director of the corporation, refuses or fails to comply with a requirement of the Registrar under subsection (4);
(b) the applicant fails to establish that the applicant is eligible for the grant of the licence; or
(c) the application does not comply with the requirements of subsection (2).
“(4) The Registrar may require an applicant, or in the case of an application by a corporation, all or any of the directors of the corporation, to attend before the Registrar and may require the applicant or such director to furnish to him, orally or in writing, such further information as the Registrar requires to be furnished.
“(5) An authorisation shall be granted for a period to expire no more than 6 months after the date of death of the deceased or for such shorter period as is specified in the application or as the Registrar allows.
“(6) Where the Registrar refuses an application for the grant of an authorisation, the Registrar shall record the reasons for his or her decision and cause to be served on the applicant notice of the decision.
“(7) Where the Registrar, within the period of 3 months after the lodging with the Registrar of an application for an authorisation, fails to convey to the applicant a decision in respect of the application, the Registrar shall be taken to have refused to grant the application.
“(8) Where—
(a) the Registrar grants an authorisation in respect of the business of a deceased licensee; and
(b) the applicant pays the prescribed fee;
the licence held by the deceased immediately before his or her death shall be taken to revive in favour of the applicant as if the licence had been issued to the applicant under section 14 for the period determined in accordance with subsection (5).
“(9) A licence taken to have revived under subsection (8) may not be renewed.”.