Northern Territory Consolidated Acts

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LIQUOR ACT - SECT 47I

Decision on whether objection to proceed to hearing

47I. Decision on whether objection to proceed to hearing

(1) The Director must forward an objection and the reply to the objection (if any) to the Chairperson.

(2) On receiving the objection and the reply to the objection, the Chairperson must select a member to consider the substance of the objection.

(3) The member selected under subsection (2):

(a) must consider the objection and the reply to the objection;

(b) may inquire into any circumstance relating to the objection as he or she considers appropriate; and

(c) must:

(i) dismiss the objection if satisfied that the objection:

(A) is of a frivolous, irrelevant or malicious nature; or

(B) does not describe circumstances that may or will adversely affect the amenity of the neighbourhood or health, education, public safety or social conditions in the community; or

(ii) determine that the Commission must conduct a hearing in relation to the objection and forward the objection, reply to the objection and his or her findings in relation to the objection to the Commission.

(4) If the member dismisses the objection under subsection (3)(c)(i), he or she must direct the Director to inform the person, organisation or group who made the objection that the objection has been dismissed.

(5) The Director must inform the person, organisation or group that the objection has been dismissed by notice in writing as soon as practicable after receiving the member's direction.

(6) The notice to the person, organisation or group is to include the member's reasons for dismissing the objection.

(7) If the member determines under subsection (3)(c)(ii) that the Commission must conduct a hearing, the Commission must conduct the hearing.



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