(1) If a caveat is in
force on a licence, the Minister must not register a dealing in the licence
unless —
(a) the
Minister is not required to give the caveat holder notice of the particular
dealing; or
(b) the
caveat holder consents to the registration of the dealing under section 350;
or
(c) a
court of competent jurisdiction orders the Minister to register the dealing
under section 338 or 339 despite the caveat.
Note:
1. For
“dealing” see section 5.
2. Once the caveat
holder has been given notice of the dealing, the caveat will lapse at the end
of 30 days unless the caveat holder consents to the registration of the
dealing or gets a court order extending the life of the caveat (see
section 348).
3. The Minister may
not be required to give the caveat holder notice of the dealing because the
caveat holder is a party to the dealing or because the dealing falls outside
the class of dealings that the caveat holder has specified under
section 343(2) (see section 349(6)).
(2) If a caveat is in
force on a licence, the Minister must not register a person under section 340
as a licence holder unless —
(a) the
caveat holder consents to the registration under section 350; or
(b) a
court of competent jurisdiction orders the Minister to register the person
under section 340 despite the caveat.
Note:
Once the caveat holder
has been given notice, the caveat will lapse at the end of 30 days unless the
caveat holder consents to the registration or gets a court order extending the
life of the caveat.