Northern Territory Consolidated Acts

LIQUOR ACT - SECT 51

(1) Where a hearing is to be conducted under this Act, the Chairperson shall fix a time and place for the hearing.

(2) The Chairperson shall cause notice of the time and place fixed for the hearing, together with copies of all documents relating to the subject-matter of the hearing and which have been lodged with the Director under this Act, to be given to the parties not less than 7 days before the date fixed for the hearing.

(2A) Notwithstanding anything to the contrary in section 13(2), at a hearing under this Act the Commission may be constituted by:

(a) one member (whether or not the Chairperson); or

(b) 3 members,

selected by the Chairperson, and, where the Chairperson is not one of the 3 members referred to in paragraph (b), the member nominated by the Chairperson shall preside at the hearing.

(3) At a hearing under this Act:

(a) the procedure shall be within the discretion of the Commission;

(b) the Commission may take unsworn evidence or take evidence on oath or affirmation;

(c) the Commission shall give all parties an opportunity to be heard;

(d) the Commission shall not be bound by the rules of evidence but may inform itself in such manner as it thinks fit; and

(e) the member presiding may administer an oath or affirmation to a person who attends to give evidence.

(4) The Commission may adjourn a hearing from time to time and from place to place.

(5) Subject to subsection (6), a hearing shall be conducted in public.

(6) If the Commission is of the opinion that the conduct of a hearing in public is likely to cause undue hardship to a person, it may direct that the hearing or part of the hearing be conducted in private.

(7) Where the Commission has given a direction under subsection (6), a person shall not enter, or remain in, the room in which a hearing is taking place except with the permission of the Commission.

(8) A party may be represented at a hearing by a legal practitioner, or by another person, who may examine witnesses and address the Commission on behalf of the person for whom he appears.

(9) A legal practitioner appearing for a party at a hearing has the same protection and immunity as a legal practitioner has in appearing for a party in proceedings in the Supreme Court.

(10) A witness who gives evidence at a hearing has the same protection as a witness has in giving evidence in proceedings in the Supreme Court.

(10A) Where the Commission is constituted by one member, a party who is not satisfied with the decision of the Commission may apply, within 14 days after the decision, in writing to the Chairperson for a new hearing.

(10B) Where a party applies, under subsection (10A), for a new hearing the Chairperson may, if he thinks fit, cause a new hearing to be held.

(10C) Where a new hearing is held, under subsection (10B), the Commission:

(a) shall be constituted by not less than 3 members; and

(b) may make any decision that it could have made if a hearing had not previously been held.

(10D) A decision by the Commission under subsection (10C) shall be in substitution for the decision made at the hearing by a single member in respect of which the new hearing is being held.

(11) In this section, party means:

(a) an applicant for the exercise of a power, authority or discretion of the Commission;

(b) a person who has made an objection or complaint under Part IV;

(c) a licensee who is, or a licensee of premises which are, the subject of an objection or complaint made under Part IV; or

(d) the holder for the time being of a licence in respect of which an application has been made under section 41 for the transfer of that licence,

as the case requires.