(1) A licensee does not commit an offence under section 42(1) or 42(2) if the person complies with this section.
(2) If a licensee of a business is to be absent from the business—
(a) for more than 7 days but less than 30 days, the licensee must notify the Authority in writing of the absence as soon as is practicable and in that notice nominate a licensee or approved manager to be in effective control of the business during the licensee's absence;
(b) for more than 30 days, the licensee must apply in writing to the Authority to appoint a nominated licensee or an approved manager to be in effective control of the business during the licensee's absence.
(3) In determining an application under subsection (2)(b), the Authority must take into account any prescribed matters.
(4) If the Authority is satisfied that a person nominated under subsection (2) is capable of managing the business, it may approve and permit that person to be in effective control of the business for a period specified by the Authority.
S. 43 amended by Nos 52/1998 s. 208(a)(b), 44/1999 s. 31(5).