Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) A person who is, who is named as, or who is otherwise entitled to become, a legal personal representative of a deceased licensee (the applicant ) is eligible for the grant of an authorisation to carry on the business of the deceased temporarily.
(2) An application for the grant of an authorisation—
(a) shall be in writing and signed by the applicant; and
(b) shall be lodged with the commissioner within 28 days after the death or any longer period the commissioner allows; and
(c) for an application by an individual who is not the legal personal representative of the deceased—shall state in relation to the applicant—
(i) full name; and
(ii) date and place of birth; and
(iii) present home address and any other address where the applicant has lived during the 3 years immediately before the date of the application; and
(d) shall be accompanied by—
(i) for an applicant who is the legal personal representative of the deceased—evidence of the applicant's appointment as legal personal representative; or
(ii) for an applicant who is named as the legal personal representative of the deceased—evidence of that fact and proof of identity of the applicant; or
(iii) for any other applicant—evidence of the applicant's entitlement to appointment as legal personal representative and proof of identity of the applicant; and
(e) shall state the period, not longer than 6 months after the date of death of the deceased, for which the authorisation is sought.
(3) The commissioner shall grant an authorisation unless—
(a) the applicant or, for an application by a corporation, an executive officer of the corporation, fails to comply with a requirement of the commissioner under subsection (4); or
(b) the applicant fails to establish that the applicant is eligible for the grant of the licence; or
(c) the application does not comply with the requirements of subsection (2).
(4) The commissioner may require an applicant, or for an application by a corporation, all or any of the executive officers of the corporation, to attend before the commissioner and may require the applicant or executive officer to give to him or her, orally or in writing, the further information that the commissioner requires to be given.
(5) An authorisation shall be granted for a period to end no more than 6 months after the date of death of the deceased or for the shorter period specified in the application or the commissioner allows.
(6) If the commissioner grants an authorisation in relation to the business of a deceased licensee, the licence held by the deceased licensee immediately before his or her death is taken to revive in favour of the applicant as if the licence had been issued to the applicant under section 14 (Issue of licences) for the period decided under subsection (5).
Note A fee may be determined under s 91 (Determination of fees and charges) for this section.
(7) A licence taken to have revived under subsection (8) may not be renewed.