Victorian Current Acts Victorian Current ActsS. 3.4.14(1) amended by No. 56/2010 s. 10(1).
(1) Within 60 days, or the longer period allowed by the Commission, after a venue operator that is a body corporate is notified under section 3.4.12(1) that it has been granted a licence, the venue operator must—
(a) nominate, for each approved venue, a natural person to be responsible as licensee on behalf of the venue operator; and
(b) apply to the Commission for approval under this section of the person nominated.
Penalty: 60 penalty units.
Note
Division 1 of Part 4 of Chapter 10 provides for the investigation of an application for approval under this section.
S. 3.4.14(2) amended by No. 56/2010 s. 10(2).
(2) Within 60 days, or the longer period allowed by the Commission, after the conditions of the licence of a venue operator that is a body corporate are amended by the addition of an approved venue under section 3.4.17(1)(a), the venue operator must—
(a) nominate, for that approved venue, a natural person to be responsible as licensee on behalf of the venue operator; and
(b) apply to the Commission for approval under this section of the person nominated.
Penalty: 60 penalty units.
S. 3.4.14(3) amended by No. 56/2010 s. 10(3).
(3) Within 60 days, or the longer period allowed by the Commission, after—
(a) a venue operator is notified by the Commission of a refusal to approve a person nominated under this section; or
(b) a person nominated by the venue operator and approved by the Commission resigns, is dismissed or ceases to manage or control the approved venue—
the venue operator must nominate another natural person to be responsible as licensee on behalf of the venue operator and apply to the Commission for approval of the person nominated.
Penalty: 60 penalty units.
S. 3.4.14(3A) inserted by No. 64/2014 s. 5.
(3A) An application for approval of a nominee under this section—
(a) must be in the form approved by the Commission; and
(b) must be accompanied by the prescribed fee (if any).
(4) A person nominated by a venue operator and approved by the Commission under this section is liable under this Act as licensee in respect of the approved venue for which he or she was nominated.
(5) If a venue operator that is a body corporate does not have a person who has been approved by the Commission under this section managing or controlling an approved venue, the directors or members of the committee of management of the body corporate (as the case requires) are severally liable under this Act as licensee.
(6) The Commission may refuse to approve a person nominated under this section unless satisfied that the person nominated, and each associate of the person, is a suitable person to be concerned in or associated with the management and operation of an approved venue.
(7) In particular, the Commission must consider whether—
(a) the person nominated and each associate of the person nominated is of good repute, having regard to character, honesty and integrity;
(b) any of those persons has any business association with any person, body or association who or which, in the opinion of the Commission, is not of good repute having regard to character, honesty and integrity or has undesirable or unsatisfactory financial resources.
(8) The Commission must determine an application by either approving or refusing to approve the person nominated and must notify the applicant in writing of its decision.
(9) The nomination and approval by the Commission of a person under this section does not limit the liability of a venue operator under this Act whilst that person is a nominee.
(10) A function of the Commission under this section may be performed by any commissioner.
S. 3.4.14(11) inserted by No. 62/2017 s. 49(11).
(11) In this section, a reference to an approved venue also refers to a venue whose approval under Part 3 is suspended.