LIQUOR LICENSING ACT 1997 - SECT 120A

LIQUOR LICENSING ACT 1997 - SECT 120A

120A—Commissioner's power to suspend or impose conditions pending disciplinary action

        (a1)         The Commissioner may, if of the opinion that it is desirable to do so in the public interest—

            (a)         impose a condition on a licence (including a condition that varies the trading hours in respect of the licence fixed or required by or under this Act); or

            (b)         vary, suspend or revoke a condition of a licence,

to which a complaint relates pending hearing and determination of the complaint (including, to avoid doubt, a condition relating to the subject matter of the complaint).

        (1)         The Commissioner may, if of the opinion that it is desirable to do so in the public interest—

            (a)         suspend the approval of a person the subject of a complaint; or

            (b)         impose conditions on the person's approval limiting the authority conferred by the approval (including, to avoid doubt, a condition relating to the subject matter of the complaint),

pending hearing and determination of the complaint.

        (1a)         The Commissioner may, despite the fact that a complaint has not been lodged against a person, exercise a power under subsection (a1) or (1) in respect of the person if the Commissioner believes on reasonable grounds that—

            (a)         proper cause for disciplinary action exists against the person; and

            (b)         it is necessary to do so in the public interest; and

            (c)         a complaint will in due course be lodged against the person.

        (2)         If the Commissioner has exercised a power under this section, the Court may revoke or vary the suspension or conditions imposed by the Commissioner.

        (3)         A person who is dissatisfied with a decision made by the Commissioner under this section may apply to the Court for a review of the Commissioner's decision as if he or she were a party to proceedings before the Commissioner.

Note—

See section 22.

        (4)         Nothing in this section limits the Commissioner's powers under section 128B.

        (5)         No civil liability attaches to the Commissioner or the Crown in respect of the exercise of a power in good faith under this section.