Document ID: chunk:federal_register_of_legislation:F2016L00619:reg:82
Version: federal_register_of_legislation:F2016L00619
Segment Type: reg
Provision Reference: reg 82
Character Range: 80933–83213

82  Transfer of a permit
 (1) The Council may transfer a permit issued by the Council.
 (2) A permit may be transferred only if:
 (a) a holder of the permit applies in writing; and
 (b) there are reasonable grounds for believing that the proposed transferee will meet the conditions of the permit; and
 (c) the proposed transferee has not been convicted of, nor is subject to proceedings for, an offence under a law mentioned in section 78.
Note: Part VIIC of the Crimes Act 1914 includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them.
 (3) The application must include the following:
 (a) the full name of the holder of the permit;
 (b) a copy of the permit;
 (c) the reasons for the proposed transfer;
 (d) the full name and contact details for the proposed transferee;
 (e) the relevant qualifications or experience of the proposed transferee;
 (f) a declaration by the proposed transferee stating whether he or she has been convicted of, or is subject to proceedings for, an offence mentioned in section 78;
 (g) a declaration that the information in the application is correct to the best of the knowledge of the holder of the permit and the proposed transferee.
Note: Part VIIC of the Crimes Act 1914 includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them.
 (4) For the purposes of paragraphs (2)(c) and (3)(f), the proposed transferee is taken to have been convicted of an offence if, within 5 years before the application is made:
 (a) the proposed transferee has been convicted, whether summarily or on indictment, of the offence;
 (b) the proposed transferee has been charged with, and found guilty of, the offence but discharged without conviction; or
 (c) the proposed transferee has not been found guilty of the offence, but a court has taken it into account in passing sentence on the person for another offence.
Note: See section 85ZV of the Crimes Act 1914.
 (5) The Council must give the applicant and the proposed transferee written notice of whether the transfer of the relevant permit has been allowed.