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LIQUOR CONTROL REFORM ACT 1998 - SECT 92A Other interested persons to be given notice of any inquiry under this Division

LIQUOR CONTROL REFORM ACT 1998 - SECT 92A

Other interested persons to be given notice of any inquiry under this Division

    (1)     In addition to serving a notice on the licensee or permittee under section 92, if the Commission proposes to conduct an inquiry into whether there are grounds to take disciplinary action against the licensee or permittee, the Commission must—

        (a)     give written notice to the following interested persons—

              (i)     a person who has applied to have the person's name endorsed on the licence or BYO permit of the licensee or permittee under Part 4;

              (ii)     a person who may be the subject of a determination of the Commission under section 93D if the Commission has contact details for that person; and

        (b)     publish notice of the inquiry—

S. 92A(1)(b)(i) amended by No. 49/2021 s. 35.

              (i)     in a newspaper (whether printed or published by electronic communication) circulating generally throughout Victoria;

              (ii)     on the Commission's Internet site.

    (2)     A notice under subsection (1)(a) must—

        (a)     state that the Commission proposes to inquire into whether there are grounds to take disciplinary action against the licensee or permittee; and

        (b)     specify the grounds the Commission proposes to consider; and

        (c)     specify—

              (i)     the date and time of the inquiry;

              (ii)     the venue at which the inquiry will be conducted; and

        (d)     invite the interested person to make a submission to the Commission; and

        (e)     specify that the interested person may—

              (i)     be represented by another person at the inquiry and that the representative may make a submission on behalf of the interested person; or

              (ii)     send another person to represent the interested person at the inquiry and that the representative may make a submission on behalf of the interested person; and

        (f)     specify that the Commission may make a determination under section 93 following the inquiry whether or not the interested person (or a person representing the interested person) has made a submission to the Commission.

    (3)     A notice under subsection (1)(b) must specify details of the inquiry and—

        (a)     invite persons whose commercial or financial interests may be detrimentally affected by the inquiry to make a submission to the Commission; and

        (b)     if the Commission does not have contact details for an interested person referred to in subsection (1)(a)(ii), invite that person to make a submission.

    (4)     The Commission must consider any submissions made by a person or on behalf of a person invited to make submissions in accordance with this section.

S. 93 substituted by No. 58/2011 s. 56.