LIQUOR CONTROL ACT 1988 - SECT 115AD
LIQUOR CONTROL ACT 1988 - SECT 115AD
115AD . Review of decision to give barring notice
[(1) deleted]
(2) This section
applies if —
(a) a
barring notice is given to a person in respect of licensed premises; and
(b) the
barring notice —
(i)
has effect for one month or more; or
(ii)
has effect for any shorter period that, when added to the
period of any barring notice previously given to the person in respect of the
premises or premises of the particular class (as the case requires), results
in the person being prohibited from those premises or that class of premises
for a period of more than one month in any 12 month period.
(3) Subject to
subsection (4), where the person is dissatisfied with the decision of the
Commissioner of Police to give the barring notice, the person may apply to the
Commission for a review of that decision.
(4) An application
under subsection (3) must be made within 1 month after the applicant is given
the barring notice or a longer period as the Commission may allow.
(5) The application
must be —
(a) made
in a manner and form approved by the Commission; and
(b)
accompanied by the prescribed fee, if any.
(6) When conducting a
review of the decision, the Commission may have regard to —
(a) the
material that was before the Commissioner of Police when making the decision;
and
(b) any
information or document provided by the applicant.
(7) On a review under
this section, the Commission may affirm, vary or quash the decision subject to
the review.
(8) The barring notice
remains in force during the period of the review of the decision to give that
barring notice.
[Section 115AD inserted: No. 56 of 2010 s. 30;
amended: No. 25 of 2023 s. 11.]