LIQUOR LICENSING ACT 1997 - SECT 22
LIQUOR LICENSING ACT 1997 - SECT 22
22—Application for review of Commissioner's decision
(1) Subject to
subsection (3), the following persons may apply to the Court for a review
of a decision of the Commissioner in relation to an application for or in
relation to a licence under Part 4:
(a) in
the case of a decision of the Commissioner where the Commissioner held a
hearing in respect of the application—a person involved in the hearing;
(b) in
the case of a decision of the Commissioner relating to a designated
application (other than a decision of a kind referred to in
paragraph (a))—
(i)
the applicant; or
(ii)
if the Commissioner of Police intervened or made written
submissions in relation to the application—the Commissioner of Police;
or
(iii)
any other person who made written submissions relating to
the application;
(c) in
any other case—
(i)
the applicant; or
(ii)
the licensee (in a case where the licensee is not the
applicant); or
(iii)
if the Commissioner of Police intervened or made written
submissions in relation to the application—the Commissioner of Police;
or
(iv)
any other person with the permission of the Court.
(2) Subject to
subsection (3)—
(a) a
party to any other proceedings before the Commissioner under this Act who is
dissatisfied with a decision made by the Commissioner in the proceedings may
apply to the Court for a review of the Commissioner's decision; and
(b) a
licensee who is dissatisfied with a decision made by the Commissioner under
section 43(1) in circumstances in which there were no proceedings before
the Commissioner may apply to the Court for a review of the Commissioner's
decision.
(3) If the
Commissioner's decision relates to a subject on which the Commissioner has an
absolute discretion, the decision, insofar as it was made in the exercise of
that discretion, is not reviewable by the Court.
(a) an
applicant for, or in relation to, a small venue or short term licence who is
dissatisfied with a decision of the Commissioner in relation to the
applicant's application may apply to the Court for a review of the decision;
and
(b) the
Commissioner of Police may apply to the Court for a review of the
Commissioner's decision to grant an application for, or in relation to, a
small venue or short term licence.
(5) A review on
application by the Commissioner of Police under subsection (1) or (4)(b)
is limited to whether a particular person is a fit and proper person, or
whether the Commissioner's decision is contrary to the public interest.
(6) An application for
review of a decision of the Commissioner must be made within 1 month
after the applicant for the review receives notice of the decision or a longer
period allowed by the Court.
(7) A review is in the
nature of a rehearing.
(8) On a review, the
Court may exercise any 1 or more of the following powers:
(a)
affirm, vary or quash the decision subject to the review;
(b) make
any decision that should, in the opinion of the Court, have been made in the
first instance;
(c)
refer a matter back to the Commissioner for rehearing or reconsideration;
(d) make
any incidental or ancillary order.