New South Wales Repealed Acts New South Wales Repealed ActsThis legislation has been repealed.
(1) Upon the appearance of a licensee or manager of licensed premises in response to a summons under section 67 or in his or her absence after being duly summoned, the court shall proceed to hear and determine the matter of the complaint to which the summons relates and, if it is satisfied that the ground upon which the complaint was made has been made out may, unless subsection (1B) applies, do any one or more of the following:(a) reprimand the licensee or manager,(b) order the licensee or manager to pay to the Crown a monetary penalty not exceeding 500 penalty units in the case of a corporation or 200 penalty units in any other case or, if circumstances of aggravation exist in relation to the complaint, not exceeding 1,000 penalty units in the case of a corporation or 400 penalty units in any other case,(c) impose a condition to which the licence or a minors functions authority held by the licensee is to be subject or revoke or vary a condition to which the licence or a minors functions authority held by the licensee is subject,(d) suspend the licence or a minors functions authority held by the licensee for such period, not exceeding 12 months or, if circumstances of aggravation exist in relation to the complaint, not exceeding 24 months, as the court thinks fit,(e) cancel the licence or a minors functions authority held by the licensee,(f) disqualify the licensee from holding a licence for such period as the court thinks fit,(f1) in the case of a manager of licensed premises where a body corporate is the licensee, withdraw the manager’s approval by the court to manage licensed premises,(f2) in the case of a manager of licensed premises where a body corporate is the licensee, disqualify the manager from being the holder of an approval to manage licensed premises,(f3) disqualify a person from being a manager of licensed premises in a special area for such period as the court thinks fit,(g) where the ground made out is the ground referred to in section 68 (1) (d) or (h) give such directions as to the exercise of the licence as it thinks fit,or may take no action.
(1AA) For the purposes of this section, circumstances of aggravation exist in relation to a complaint if (and only if) each of the following paragraphs applies:(a) the complaint concerns a contravention or alleged contravention of section 125 (Conduct on licensed premises) or 125E (Sale of stolen goods and possession, use or sale of drugs not to be permitted on licensed premises),(b) the complaint alleges that for the reasons specified in the complaint the matter of the complaint is so serious as to warrant the taking of action that is available to the court when circumstances of aggravation exist,(c) the court, in finding that the matter of the complaint has been made out, is of the opinion (having regard to any matter such as the number of contraventions of the Act involved, the seriousness of the contravention involved, the number of people involved in the contravention or the seriousness of the outcome of the contravention, or any other relevant consideration) that the matter of the complaint is so serious as to warrant the taking of action that is available to the court when circumstances of aggravation exist.
(1AB) On the appearance of a person appearing to be authorised by the association concerned in response to a summons under section 67, or after proof of service of the summons on the association by service on the secretary or other proper officer or in any other manner authorised by law, the court may proceed to hear and determine the matter of a complaint made under section 67 (1C) in relation to a non-proprietary association on whose behalf an on-licence to sell liquor at a function is held. If it is satisfied that the ground on which the complaint was made has been made out, the court may do any one or more of the following:(a) suspend or cancel the licence,(b) order that an on-licence to sell liquor at a function must not, at any time during a period of not more than 3 years from the making of the order, be granted to any person on behalf of the non-proprietary association,(c) reprimand the non-proprietary association,(d) give directions as to the conduct of functions to which such an on-licence relates,(e) take no action, if the court is of the opinion that other action under this subsection is not warranted in the circumstances.
(1AC) In the case of a complaint referred to in subsection (1AB), a Magistrate or licensing magistrate, or the Principal Registrar, may summon the secretary or another office holder of the non-proprietary association to which the complaint relates to appear before the court to answer the complaint and show cause why an order should not be made under that subsection.
(1AD) If the court makes an order under subsection (1AB) preventing any person from being granted an on-licence to sell liquor at a function on behalf of a non-proprietary association, an application may be made by or on behalf of the non-proprietary association to the court for the revocation of the order. However, the court must not revoke the order unless it is satisfied that:(a) the persons responsible for the management of the non-proprietary association will be able to exercise proper control and supervision over any function of the kind for which the on-licence is required, and(b) the circumstances of the case justify the revocation of the order.
(1A) Where, upon the hearing and determination under subsection (1) or (1AB) of the matter of a complaint, the court finds that the matter of the complaint has been made out, the court may, whether or not it acts under that subsection:(a) reprimand:(i) a person required by section 67 (5) (b), (c) or (d) to be served with a copy of the complaint, or(ia) a person who occupies a position of authority in the body corporate that holds the licence (if the licence is held by a body corporate), or(ii) a director of, or shareholder in, a proprietary company required to be so served, or(iii) a director of, or shareholder in, a corporation that, within the meaning of the Corporations Act 2001 of the Commonwealth, is a related body corporate of a proprietary company referred to in subparagraph (ii),(b) order a person, director or shareholder referred to in paragraph (a) to pay to the Crown a monetary penalty not exceeding 500 penalty units in the case of a corporation or 200 penalty units in any other case or, if circumstances of aggravation exist in relation to the complaint, not exceeding 1,000 penalty units in the case of a corporation or 400 penalty units in any other case, or(c) disqualify, for a period commencing on a specified day, a person, director or shareholder referred to in paragraph (a) from being:unless it is proved that the person, director or shareholder had no knowledge of the matter upon which the complaint was made out and used all due diligence to obviate the necessity for the complaint.(i) a person interested in a business, or in the profits of a business, carried on pursuant to a licence (within the meaning of section 38 (4)) or a person who occupies a position of authority in a body corporate that holds a licence, or(ii) a director of, or shareholder in, a proprietary company so interested or a corporation that, within the meaning of the Corporations Act 2001 of the Commonwealth, is a related body corporate of such a proprietary company,
(1B) If the ground of complaint as to which the court is satisfied under subsection (1) is the ground referred to in section 67 (1A), the court may suspend the licence until:(a) the work to which the complaint relates has been carried out, or(b) the licence is removed to other premises, or(c) the licence ceases for any reason other than suspension to have effect.
(1C) On the appearance of a person in response to a summons under section 67 in respect of a complaint under section 67 (1B), or in the person’s absence after being duly summoned, the court is to proceed to hear and determine the matter of the complaint to which the summons relates and, if it is satisfied that the ground on which the complaint was made has been made out, may do any one or more of the following:(a) reprimand the person,(b) disqualify the person from being a close associate of a licensee for such period as the court thinks fit,(c) disqualify the person from holding a licence for such period as the court thinks fit,(d) order the person to pay to the Crown a monetary penalty not exceeding 500 penalty units in the case of a corporation or 200 penalty units in any other case,or may take no action.
(1D) While a person is disqualified by the court from being a close associate of a licensee, the person is conclusively presumed for the purposes of this Act and the Registered Clubs Act 1976 to be a person who is not a fit and proper person to be a close associate of a licensee under either Act or of a registered club.
(1E) The taking of action under subsection (1C) in respect of a complaint does not prevent or limit the taking of any other action under this section in respect of any other complaint in relation to a licensee or manager (whether or not that other complaint is heard together with the complaint).
(2) Where, under subsection (1), a licensee is disqualified from holding a licence, the court may, on application by the spouse of the licensee, a member of the family of the licensee of or above the age of 18 years, the owner of the licensed premises or a person directly or indirectly interested in the business or the profits of the business carried on pursuant to the licence, transfer the licence to that spouse or member of the family or to some other person approved by the court.
(2A) When hearing and determining the matter of a complaint under subsection (1) or (1C), the court must admit into evidence and consider any relevant findings of a court, a tribunal or a Royal Commission, the Independent Commission Against Corruption or other commission of inquiry or a coroner in any investigation, inquiry or other proceeding if those findings have been publicly released and are brought to the attention of the court.
(3) Where an order for the payment of money is made under subsection (1) (b), (1A) (b) or (1C) (d) and the prescribed documents are filed in the office of the Local Court having jurisdiction under the Civil Procedure Act 2005 at or nearest the prescribed place at which the complaint that led to the order was heard, the order may be enforced as a judgment of that Local Court for the payment of the money in accordance with the order.