LIQUOR LICENSING ACT 1997 - SECT 11A
LIQUOR LICENSING ACT 1997 - SECT 11A
(1) For the purposes
of this Act, the Commissioner may, by notice in the Gazette, publish a code of
practice that has been approved by the Minister.
(2) Without limiting
the matters that may be included in a code of practice, a code of practice may
include measures that can reasonably be considered appropriate and adapted to
the furtherance of the objects of this Act.
(2a) The Commissioner
may include provisions in a code of practice that declare whether a
contravention of, or failure to comply with, a provision of the code is to be
expiable for the purposes of section 45.
(3) A code of practice
may—
(a) be
of general or limited application; and
(b) vary
in operation according to factors stated in the code; and
(c)
provide for the granting by the Commissioner of exemptions (conditional or
unconditional) from specified provisions of the code.
(3a) The Commissioner
may include provisions in a code of practice that—
(a)
declare whether contravention or failure to comply with a provision of the
code is a category A, B, C or D offence for the purpose of
section 45; and
(b) if
the offence is to be expiable—declare whether the offence is a
category A, B, C or D expiable offence for the purposes of that
section.
(4) The Commissioner
may, by subsequent notice in the Gazette, vary or revoke a code of practice.
(4a) The Commissioner
must, before making or varying a code of practice, undertake consultation (in
such manner as the Commissioner thinks fit) with persons or bodies that the
Commissioner is satisfied represent the interests of licensees affected by the
proposed code or variation.
(5) A notice published
in the Gazette under this section may come into operation on the day on which
it is published or on a later day or days specified in the notice.
(6) Sections 10 and
10A of the Subordinate Legislation Act 1978 apply to a notice published
in the Gazette under this section as if it were a regulation within the
meaning of that Act.
(7) A person is, in
relation to the performance of a prescribed function under a code of practice,
exempt from the operation of the Security and Investigation Industry
Act 1995 .