New South Wales Repealed Acts

This legislation has been repealed.

LIQUOR ACT 1982 - SECT 38

38 Affidavit as to interested persons

(1) This section does not apply to or in respect of an application for an on-licence to sell liquor at a function or to or in respect of an application for a Governor's licence or a special event licence.

(2) An application:

(a) for a licence, or

(b) for removal of a licence, or

(c) for transfer of a licence under section 42,

shall be accompanied by the affidavit referred to in subsection (3).

(3) The affidavit specified in this subsection is an affidavit by a person having knowledge of the facts stating:

(a) that the person has made all reasonable inquiries to ascertain the information required to complete the affidavit, and

(b) whether there are any persons (other than financial institutions) who will be interested in the business, or the profits of the business, carried on under the licence, and

(c) if there are any such persons, their names and dates of birth and, in the case of a proprietary company, the names of the directors and shareholders.

(4) For the purposes of subsection (3), a person is interested in the business, or the profits of the business, carried on under the licence if the person is entitled to receive:

(a) any income derived from the business, or any other financial benefit or financial advantage from the carrying on of the business (whether the entitlement arises at law or in equity or otherwise), or

(b) any rent, profit or other income in connection with the use or occupation of premises on which the business is to be carried on.