LIQUOR CONTROL ACT 1988 - SECT 115AC
LIQUOR CONTROL ACT 1988 - SECT 115AC
115AC . Publication and disclosure of details of people barred under barring notices
(1A) In this section
—
personal particulars , in relation to a barring
notice given to a person, means —
(a) the
name and date of birth of the person; and
(b) a
photograph of the person; and
(c) the
address of the person; and
(d) the
licensed premises, or class of licensed premises, to which the barring notice
relates;
secure webpage means a page on a website that is
accessible only by —
(a) the
licensee or occupier of licensed premises; or
(b) a
manager of licensed premises; or
(c) a
prescribed person or class of persons or a person in a prescribed
circumstance.
(1) If a barring
notice is in effect for a person, the Commissioner of Police must publish on a
secure webpage all of the personal particulars in relation to the barring
notice, to the extent those particulars are in the possession of the
Commissioner.
(1AA) If a barring notice is in effect for a
person, the Commissioner of Police or the Director may disclose any of the
personal particulars in relation to the barring notice to —
(a) a
public authority if the Commissioner or the Director (as the case requires)
considers that the personal particulars are required by that authority for a
purpose relating to the administration or enforcement of this Act or another
written law; or
(b) a
prescribed person, or a person belonging to a prescribed class of persons, if
the Commissioner or the Director (as the case requires) considers that the
personal particulars are required by that person for a purpose relating to
—
(i)
the further provision of the personal particulars to
responsible persons in relation to licensed premises to assist those
responsible persons to identify persons in relation to whom barring notices
are in effect; or
(ii)
the creation or provision of equipment, software,
databases or any other thing to be used by responsible persons in identifying
persons in relation to whom barring notices are in effect.
(2) Subsections (1)
and (1AA) do not permit the publication or disclosure of anything that
identifies, or is capable of identifying —
(a) a
juvenile other than the person the subject of the barring notice; or
(b) the
details of any offence of which the person the subject of the barring notice
was convicted in the Children’s Court.
(3) Subject to
subsections (4) and (5), a person who discloses information or a photograph
that the person has obtained from the secure webpage referred to in subsection
(1), or from a disclosure under subsection (1AA), commits an offence.
Penalty for this subsection: a fine of $10 000.
(4) A responsible
person in relation to licensed premises does not commit an offence under
subsection (3) if —
(a) the
responsible person discloses the information or photograph in the performance
of duties relating to the person’s work on the licensed premises; or
(b) the
responsible person discloses the information or photograph to another
responsible person in relation to the licensed premises for the purposes of
enabling the second responsible person to perform duties relating to that
second person’s work on the licensed premises.
(5) A person to whom
information or a photograph has been disclosed under subsection (1AA)(a) or
(b) does not commit an offence under subsection (3) if they disclose the
information or photograph for a purpose referred to in subsection (1AA)(a) or
(b) (as the case requires).
[Section 115AC inserted: No. 56 of 2010 s. 30;
amended: No. 9 of 2018 s. 58; No. 44 of 2022 s. 11; No. 25 of 2023 s. 9.]