Victorian Current Acts

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LIQUOR CONTROL REFORM ACT 1998 - SECT 93D

Disqualification

    (1)     If the Commission finds that a ground for taking disciplinary action exists under section 90, the Commission may also determine that the licensee or permittee or a related person be disqualified—

        (a)     from holding a licence or BYO permit;

        (b)     from being a director in any body corporate that holds a licence or BYO permit;

        (c)     from being a partner in any partnership that holds a licence or BYO permit;

        (d)     from having a beneficial interest (whether directly or indirectly) in the shares of any body corporate that holds a licence or BYO permit;

        (e)     from in any way (whether directly or indirectly) taking part in, or being concerned in, the management of any licensed premises or any body corporate that holds a licence or BYO permit or any licensed club;

        (f)     from being employed by any licensed club or any person that holds a licence or BYO permit.

    (2)     The Commission may disqualify a person in all or any of the ways listed in subsection (1) and may make a determination under this section even though it does not take any disciplinary action under section 93.

    (3)     The Commission must specify the period for which the disqualification is to apply.

    (4)     The Commission must give, as soon as practicable after a determination has been made under this section—

        (a)     written notice of the determination to persons served notice of the inquiry under section 92 or 92A; and

        (b)     a statement of reasons for the determination to the persons specified in paragraph (a).

    (5)     In this section, "related person", in relation to a licensee or permittee, means—

        (a)     any director or nominee of the licensee or permittee (if it is a body corporate); or

        (b)     any member the committee of management or nominee of the licensee or permittee (if it is a club); or

        (c)     any person who, whether directly or indirectly, is concerned in or takes part in the management of licensed premises or club of the licensee or permittee.

S. 93E inserted by No. 58/2011 s. 56.



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