New South Wales Consolidated Acts

ENTERTAINMENT INDUSTRY ACT 1989 - SECT 37

37 Directions by Council to owners of premises

(1) If:

(a) an entertainment industry employer or an operator to whom the Council has issued a direction fails to comply with the direction, or

(b) the Council is unable to serve the direction on the employer or operator,

the Council may, by written notice served on the owner concerned, issue a direction to the owner of any premises to which the direction to the employer or operator relates.

(2) Any such direction to the owner may require the owner to take specified steps to ensure that the employer or operator concerned complies with the direction to the employer or operator.

(3) An owner who is served with such a notice is entitled, within 7 days of receiving the notice or within such further time as the Council may allow, to show cause to the Council why the owner should not comply with the direction concerned.

(4) If:

(a) the owner fails to show cause within that 7 days, or

(b) the owner shows cause but the Council confirms the direction (with or without any variation),

the owner is, subject to Part 5 (Reviews by Administrative Decisions Tribunal), required to comply with the direction.

(5) An owner who, without reasonable excuse, fails to comply with a direction is guilty of an offence.

Maximum penalty: 50 penalty units.

(6) In this section:
"operator" has the same meaning as in section 36.
"owner" includes a lessor.