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LIQUOR LICENSING ACT 1997 - SECT 11A

LIQUOR LICENSING ACT 1997 - SECT 11A

11A—Codes of practice

        (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 .