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LIQUOR CONTROL ACT 1988 - SECT 25

LIQUOR CONTROL ACT 1988 - SECT 25

25 .         Review of Director’s decisions

        (1A)         In this section —

        interested person , in relation to a reviewable decision, means —

            (a)         in the case of a decision referred to in paragraph (a) or (aa) of the definition of reviewable decision

                  (i)         the Commissioner of Police; or

                  (ii)         the person the subject of the prohibition order, the extended exclusion order or the banned drinker order (as the case requires);

                or

            (b)         in the case of a decision referred to in paragraph (b) of the definition of reviewable decision — a person who is a party to the proceedings before the Director;

        reviewable decision means —

            (a)         a decision made by the Director that relates to the making, variation or revocation of a prohibition order under Part 5A or an extended exclusion order under Part 5AA; or

            (aa)         a decision made by the Director that relates to the making, extension or revocation of a banned drinker order under Part 5C; or

            (b)         a decision made by the Director in respect of proceedings before the Director (other than a decision referred to in paragraph (a) or (aa)).

        (1)         Subject to subsections (3) and (5), if an interested person is dissatisfied with a reviewable decision, the person may apply to the Commission for a review of that decision.

        (2)         An application under subsection (1) must be made within a month after the applicant receives written reasons for the decision or such longer period as the Commission may allow.

        (2a)         An application for a review of a decision made by the Director under section 93 to cancel a licence can be made only on a question of law.

        (2b)         When carrying out a review of a decision made by the Director, the Commission is to be constituted by 3 members if —

            (a)         the decision relates to an application for the grant or removal of a licence; or

            (b)         the decision relates to the making, variation or revocation of a prohibition order under Part 5A or an extended exclusion order under Part 5AA; or

            (ba)         the decision relates to the making, extension or revocation of a banned drinker order under Part 5C; or

            (c)         the chairperson so determines under section 9A(2).

        (2c)         When conducting a review of a decision made by the Director, the Commission may have regard only to the material that was before the Director when making the decision.

        (2d)         When conducting a review of a decision involving a question of law or giving directions under subsection (4)(c)(i), the Commission is to be constituted by, or is to include, a member who is a lawyer.

        (3)         A review of a decision under this section shall not reconsider any finding of fact by the Director as to —

            (a)         the qualifications, reputation or character of a person, or the fitness or propriety of a person in relation to an application or licence; or

            (b)         the adequacy or suitability of any premises, accommodation or services provided, or proposed to be provided, under a licence; or

            (c)         in relation to a club licence or an application for such a licence, the existence of the club,

                unless the review is sought by the person who lodged the application in respect of which the decision was made or, where a finding referred to in paragraph (a) is made, by the person in respect of whom the finding was made.

        (4)         On a review under this section, the Commission may —

            (a)         affirm, vary or quash the decision subject to the review; and

            (b)         make a decision in relation to any application or matter that should, in the opinion of the Commission, have been made in the first instance; and

            (c)         give directions —

                  (i)         as to any question of law, reviewed; or

                  (ii)         to the Director, to which effect shall be given;

                and

            (d)         make any incidental or ancillary order.

        (5)         This section does not apply to any decision —

            (a)         in respect of or incidental to —

                  (i)         an application for or the conduct of business under an extended trading permit or an occasional licence; or

                  (ii)         the imposition, variation or cancellation of a term or condition of an extended trading permit or an occasional licence; or

            (iia)         the cancellation of, or suspension of the operation of, an extended trading permit or an occasional licence; or

                  (iii)         the assessment of a subsidy;

                or

            (b)         that by this Act is stated not to be subject to review; or

            (ba)         which is a decision made in the course of, or for the purposes of, an application or matter but is not the decision, or one of the decisions, disposing of the application or matter, and in particular does not apply to —

                  (i)         a decision relating to the hearing of an objection; or

                  (ii)         a finding of fact required to be made in order for the matter or application to be disposed of;

                or

            (c)         which is a decision made in the course of, and for the purposes of, the administrative duties of the Director not directly related to the outcome of any application or matter before the licensing authority.

        (5a)         Despite subsection (5)(a)(i), this section does apply to a decision in respect of or incidental to an application for an extended trading permit of a kind prescribed.

        (6)         For the purposes of this section —

        [(a)         deleted]

            (b)         the transferor of a licence is a party to any proceedings relating to the transfer of the licence;

            (c)         a person who held a licence which was cancelled under section 93 is a party to any proceedings relating to its cancellation under that section.

        [Section 25 amended: No. 56 of 1997 s. 29; No. 12 of 1998 s. 14; No. 73 of 2006 s. 22 and 106; No. 21 of 2008 s. 675(3); No. 9 of 2018 s. 11; No. 44 of 2022 s. 8; No. 25 of 2023 s. 6.]