LIQUOR CONTROL ACT 1988 - SECT 28

LIQUOR CONTROL ACT 1988 - SECT 28

28 .         Appeals against Commission’s decisions

        (1)         Subject to this section, a person who —

            (a)         is a party to proceedings before the Commission; and

            (b)         is dissatisfied with a decision of the Commission,

                may appeal under this section.

        (2)         No appeal lies against a decision of the Commission constituted by 3 members except to the Supreme Court on a question of law.

        (2a)         No appeal lies against a decision of the Commission constituted by 3 members if the decision was made solely or partly on the basis of confidential police information.

        (2b)         No appeal lies against a decision of the Commission constituted by one member except to the Commission constituted in accordance with subsection (4a)(a).

        (2c)         No appeal lies against a decision of the Commission constituted by one member if the decision was made on a review under section 25 of a decision of the Director.

        (3)         No further appeal lies against a decision of the Commission under this section on an appeal against a decision of the Commission constituted by one member.

        (3a)         No appeal lies against a decision of the Commission under section 96 to suspend the operation of a licence for a period of 2 weeks or less.

        (4)         An appeal under this section against a decision of the Commission constituted by 3 members —

            (a)         shall be heard and determined by a single judge of the Supreme Court; and

            (b)         must be instituted within the time, and in accordance with the procedure, prescribed by rules of the Supreme Court.

        (4a)         An appeal under this section against a decision of the Commission constituted by one member —

            (a)         is to be heard and determined by the Commission constituted by 3 other members, including a member who is a lawyer; and

            (b)         must be instituted and conducted in accordance with rules of the Commission.

        (5)         On an appeal under this section to the Supreme Court, the Supreme Court may —

            (a)         affirm, vary or quash the decision appealed against; or

            (b)         make any decision that the Commission could have made instead of the decision appealed against; or

            (c)         send the decision back to the Commission for reconsideration in accordance with any directions or recommendations that the Court considers appropriate,

                and, in any case, may make any ancillary or incidental order the Supreme Court considers appropriate.

        (6)         On an appeal under this section to the Commission constituted in accordance with subsection (4a)(a), the Commission may —

            (a)         affirm, vary or quash the decision appealed against; or

            (b)         make any decision that the Commission could have made instead of the decision appealed against,

                and, in any case, may make any ancillary or incidental order the Commission considers appropriate.

        [Section 28 amended: No. 12 of 1998 s. 15; No. 45 of 2004 s. 37; No. 73 of 2006 s. 25 and 106; No. 21 of 2008 s. 675(3); No. 9 of 2018 s. 13.]