18. Appointment of person‑in‑charge of licensable SRH

Subject to subsections (4) and (5), a licensee must ensure that, at all times when the licensee is operating a licensable SRH under the authority of a licence, an individual is appointed by the licensee as the person‑in‑charge of the licensable SRH.

To avoid doubt, for every licensable SRH, there can only be one (and only one) person‑in‑charge for that licensable SRH.

A licensee must not allow an individual to act as the person‑in‑charge of the licensable SRH to which the licensee’s licence relates except with the prior approval of the Director‑General granted under section 21.

Where the Director‑General has (under section 33(1)) cancelled the approval granted under section 21 in respect of the licensee’s appointment of the individual as the person‑in‑charge of the licensable SRH to which the licensee’s licence relates (called in this section the section 21 approval), the licensee must not allow the individual to continue to act as the person‑in‑charge of the licensable SRH.

Where the Director‑General has (under section 33(2)(b)(ii) or 35(1)) suspended the section 21 approval, the licensee must not allow the individual to continue to act as the person‑in‑charge of the licensable SRH to which the licensee’s licence relates for the period during which the section 21 approval is suspended.

A licensee who fails to comply with subsection (3), (4) or (5) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction.