STATUTES AMENDMENT (POWER TO BAR) ACT 2008 (NO 48 OF 2008) - SECT 10
STATUTES AMENDMENT (POWER TO BAR) ACT 2008 (NO 48 OF 2008) - SECT 10
10—Amendment of section 128—Review of orders
(1) Section
128(1)—delete "Commissioner" and substitute:
(2) Section
128(1a)—delete "Commissioner" and substitute:
(3) Section
128(2)—delete subsection (2) and substitute:
(2) The
licensing authority may, on the hearing of an application under this section,
confirm, vary or revoke the order.
(2a) If, on the
hearing of an application under this section in relation to an order under
which the applicant has been barred from premises for an indefinite period or
a period exceeding 6 months, the licensing authority is of the opinion
that it is appropriate to vary the order so that the person is barred from
entering or remaining on the premises until further order of the Commissioner,
the licensing authority may so vary the order.
(2b) When the
Commissioner is determining whether to make an order under
subsection (2a), the Commissioner must have regard to whether the person
has undertaken a behaviour management course, obtained medical assistance or
taken other action to address the problem.
(4) Section
128(4)—delete subsection (4) and substitute:
(4) The
licensing authority has an absolute discretion to suspend an order pending
determination of an application for review of the order.
(5) In this
section—
"licensing authority" means—
(a) if
the order was made barring the person from premises for an extended period
approved by the Commissioner under section 125(5)(b)(i) or (ii)—the
Court;
(b) in
any other case—the Commissioner.