Section 17 — Appointment of key appointment holders

(1)Subject to subsections (3) and (4), a licensee must ensure that, at all times when the licensee is operating a licensable SRH under the authority of a licence, a prescribed minimum number of key appointment holders is appointed by the licensee to manage and supervise the business of the licensable SRH.

(2)A licensee must not allow an individual to act as the licensee’s key appointment holder except with the prior approval of the Director‑General granted under section 21.

(3)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 licensee’s key appointment holder (called in this section the section 21 approval), the licensee must not allow the individual to continue to act as the licensee’s key appointment holder.

(4)Where the Director‑General has (under section 33(2)(b)(i) or 35(1)) suspended the section 21 approval, the licensee must not allow the individual to continue to act as the licensee’s key appointment holder for the period during which the section 21 approval is suspended.

(5)A licensee who fails to comply with subsection (2), (3) or (4) 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.