Section 62 Liquor Act 2007 | Continuing Business After Death of Licensee

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Section 62 of the Liquor Act 2007 (NSW) is concerned with Continuing Business After Death of Licensee and is set out below.

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The Legislation

62 Carrying on licensee’s business after death etc of licensee

(1) In this section, a reference to the business of a licensee is a reference to the business of the licensee carried on by the licensee under the licence immediately before the licensee’s death, bankruptcy or other disability referred to in this section.

(2) If a licensee dies, the business of the licensee may be carried on for a period not exceeding one month by a person of or above the age of 18 years who:
(a) was the spouse or de facto partner of the licensee, or
(b) is a member of the family left by the licensee, or
(c) carries on the business on behalf of the family left by the licensee,
so long as the Authority is notified immediately that the business of the licensee is being so carried on. “De facto partner” is defined in section 21C of the Interpretation Act 1987.

(3) If, within the period of one month referred to in subsection (2), an application is made to the Authority by:
(a) the person carrying on the business of the licensee under subsection (2), or
(b) a person who claims that, for the purpose of continuing to carry on the business, the person should be preferred to the person referred to in paragraph (a),
for endorsement of the licence, as agent, of the name of the applicant, the person referred to in paragraph (a) may continue to carry on the business of the licensee until the application is determined.

(4) If, under the Bankruptcy Act 1966 of the Commonwealth, a trustee holds office in relation to the business of a licensee, the business of the licensee may be carried on by the trustee, or by a person authorised for the purpose by the trustee, so long as:
(a) the Authority is notified immediately that the business is being so carried on, and
(b) an application is made to the Authority by the trustee as soon as practicable for endorsement on the licence, as agent, of the name of the person so authorised.

(5) If a licensee becomes a mentally incapacitated person, the business of the licensee may be carried on by the NSW Trustee and Guardian or a person authorised for the purpose by the NSW Trustee and Guardian, so long as:
(a) the Authority is notified immediately that the business of the licensee is being so carried on, and
(b) an application is made to the Authority by the NSW Trustee and Guardian as soon as practicable for endorsement on the licence, as agent, of the name of the person so authorised.

(6) A person who carries on the business of a licensee under this section is, while the person so carries on the business, taken to be the licensee.

(7) An application under this section must be accompanied by the fee prescribed by the regulations.

(8) The Authority is to notify the Director-General and the Commissioner of Police of any application under this section and the Director-General and the Commissioner are entitled to make submissions in relation to such an application.

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