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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Liquor (Evidence on Appeals)
Amendment Bill 2006
Queensland
Liquor (Evidence on Appeals)
Amendment Bill 2006
Contents
Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Amendment of s 34 (Arranging the hearing of appeal) . . . . . . . . 4
4 Insertion of new s 35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
35 Appeal is by way of rehearing . . . . . . . . . . . . . . . . . . 4
2006
A Bill
for
An Act to amend the Liquor Act 1992
s1 4 s4
Liquor (Evidence on Appeals) Amendment Bill 2006
The Parliament of Queensland enacts-- 1
Clause 1 Short title 2
This Act may be cited as the Liquor (Evidence on Appeals) 3
Amendment Act 2006. 4
Clause 2 Act amended 5
This Act amends the Liquor Act 1992. 6
Clause 3 Amendment of s 34 (Arranging the hearing of appeal) 7
(1) Section 34(1)-- 8
omit. 9
(2) Section 34(2) and (3)-- 10
renumber as section 34(1) and (2). 11
Clause 4 Insertion of new s 35 12
After section 34-- 13
insert-- 14
`35 Appeal is by way of rehearing 15
`(1) An appeal to the tribunal against a decision of the chief 16
executive is by a rehearing on the evidence that was before the 17
chief executive. 18
`(2) However, the tribunal may give leave to adduce fresh, 19
additional or substituted evidence (the new evidence) if the 20
tribunal is satisfied-- 21
(a) the new evidence should have been before the chief 22
executive; or 23
(b) the party asking to adduce the new evidence did not 24
know, and could not reasonably be expected to have 25
known, of the existence of the new evidence on or 26
before the day the chief executive's decision was made; 27
or 28
s4 5 s4
Liquor (Evidence on Appeals) Amendment Bill 2006
(c) in the special circumstances of the case, it would be 1
unfair not to allow the party to adduce the new evidence. 2
`(3) For subsection (2)(a), evidence that should have been before 3
the chief executive may include, for a decision on an 4
application to which section 116 applies-- 5
(a) information that was required to be given to the chief 6
executive under section 116(3); and 7
(b) information the chief executive was required to take into 8
account under section 116(4). 9
`(4) If the tribunal gives leave under subsection (2), the tribunal 10
may-- 11
(a) adjourn the proceeding to allow the chief executive to 12
reconsider the decision together with the new evidence; 13
or 14
(b) continue with the appeal by way of rehearing on the 15
evidence that was before the chief executive and on the 16
new evidence. 17
`(5) However, if the chief executive asks the tribunal for an 18
adjournment to allow the chief executive to reconsider the 19
decision together with the new evidence, the tribunal must 20
adjourn the proceeding for a stated reasonable time.'. 21
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