Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) Where a person is
for the time being nominated for the purposes of regulation 36(1), (2) or
(3) or 37(1), as the case may be, in respect of a licence, the nomination of
that person may be cancelled at any time —
(a) by
notice in writing given by that person to the holder of the licence and the
Board; or
(b) by
notice in writing given by the holder of the licence to the Board and the
person nominated.
(2) The holder of a
licence may nominate more than one person for the purposes of
regulation 36(1), (2) or (3) or 37(1) and such a nomination may be made
at any time, but a person shall not be so nominated unless he or she meets the
requirements specified in regulation 36(1)(a) and (b) or 37(1)(a) as the
case requires.
(2a) The holder of a
licence may nominate a person —
(a) as a
replacement for a nominee; or
(b) as
an additional nominee,
by giving notice in
writing to the Board together with the appropriate fee set out in
Schedule 1.
(3) A person is
ineligible to be, or continue to be, a nominee in respect of a licence unless
he or she is employed by the holder of the licence or he or she is approved by
the Board for the purposes of this regulation.
(4) Where a holder of
a licence nominates as his or her nominee a person who is ineligible under
subregulation (3) or permits a person who is so ineligible to continue to
be his or her nominee, the holder of the licence commits an offence.
(5) A person who is
ineligible to be a nominee who —
(a)
permits himself or herself to be nominated as the nominee in respect of a
licence; or
(b)
continues to be a nominee in respect of a licence,
commits an offence.
(6) Where, by reason
of cancellation under subregulation (1) or for any other reason, a person
who was a nominee in respect of a licence ceases to be a nominee in respect of
that licence, the holder of the licence shall forthwith notify the Board.
(7) Except where the
holder of a licence makes arrangements satisfactory to the Board, upon the
holder of a licence ceasing to employ at least one nominee, the licence is, by
operation of this subregulation, thereupon suspended except
where —
(a) in
the case of a licence held by an individual, the individual; or
(b) in
the case of a licence held by a firm or a corporation, at least one member of
the firm or body corporate,
meets the requirements
specified in regulation 37.
[Regulation 38 amended in Gazette
31 Dec 2007 p. 6511 and 6538.]