LIQUOR CONTROL ACT 1988 - SECT 13
LIQUOR CONTROL ACT 1988 - SECT 13
13 . Functions of and hearings by Director
[(1) deleted]
(2) The Director is
responsible for the administration of this Act, other than those aspects of
administration that relate to the Commission.
(3) A person appointed
to be, or to act in the office of, Director of Liquor Licensing in the
exercise of the jurisdiction conferred by that office —
(a) has
the jurisdiction conferred on that office by this Act, and shall exercise that
jurisdiction faithfully and impartially; and
(b) has
in the exercise of that jurisdiction the same protection and immunity as has a
member of the Commission.
(3a) Subsection (3)
does not limit the functions of the Director as a chief executive officer
under the Public Sector Management Act 1994 .
(4) The Director is to
determine applications and matters under this Act that are not subject to the
jurisdiction of the Commission, and may defer consideration or further
consideration of any application or matter if it is necessary to obtain more
information.
(5) The Director
—
(a)
without conducting a hearing, may determine any application or matter; but
(b)
where the Director decides to conduct a hearing, may —
(i)
fix a time and place for the hearing; and
(ii)
cause notice to be given to the applicant and to any
other person interested in the application or matter to be heard,
and a person so given
notice shall be entitled to attend the hearing and to be heard.
(6) Any hearing before
the Director shall be in private unless the Director considers that, in the
circumstances of the case, the hearing should be in public, and where the
hearing is to be in private the Director may, subject to subsection (4) and
section 17, determine who shall be present.
[Section 13 amended: No. 32 of 1994 s. 3(2); No.
73 of 2006 s. 12.]