• Specific Year
    Any

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.]