A licensing officer is
not to issue a licence unless the officer is satisfied —
(a) that
there is sufficient evidence as to the identity of the applicant;
(b) that
all approvals, consents and exemptions referred to in section 14(b) have been
obtained;
(c)
subject to section 12, that a notice under section 11 has been published in
accordance with that section;
(d) that
the time for the lodgement of objections has passed and either —
(i)
no objection to the application has been made; or
(ii)
each objection has been adequately investigated and that
the investigation results justify the issue of the licence;
(e) that
the applicant is of good character and is in all respects a fit and proper
person to hold a licence;
(f) that
there will be during the licence period, adequate management, supervision and
control of the business operations that are the subject of the application;
(g) that
during the licence period the applicant will be able to comply with —
(i)
the provisions of this Act; and
(ii)
any condition or restriction to which the licence is
likely to be subject;
(h) that
the applicant has, or is able to obtain, the means to provide information in
accordance with section 79;
(i)
that the applicant is not —
(i)
an insolvent under administration within the meaning of
the Corporations Act 2001 of the Commonwealth; or
(ii)
subject to a type of external administration referred to
in Chapter 5 of the Corporations Act 2001 of the Commonwealth;
(j) that
there is no charge pending in relation to the applicant for an offence
involving dishonesty, fraud, stealing or of any other offence of a nature that
renders the applicant unsuitable to hold a licence;
(k)
where the applicant has been found guilty of any offence, that neither —
(i)
the circumstances of the applicant’s involvement in
the commission of the offence; nor
(ii)
the period of time between the finding and the
application,
renders the applicant
unsuitable to hold a licence;
(l) that
the applicant has not been involved in conduct of a nature that renders the
applicant unsuitable to hold a licence;
(m) in
the case of an application for a pawnbroker’s licence, that there are
adequate arrangements for the safekeeping of pawned goods;
(n) that
at the time of the application —
(i)
the applicant is not disqualified from holding the type
of licence applied for or from having the type of licence held on his or her
behalf; and
(ii)
a licence of the type applied for held by or on behalf of
the applicant is not suspended;
(o) of
such other matters as may be prescribed; and
(p) that
there is no other good reason why the licence should not be issued.
[Section 19 amended: No. 10 of 2001 s. 220.]