LIQUOR CONTROL ACT 1988 - SECT 73
LIQUOR CONTROL ACT 1988 - SECT 73
73 . Objecting to applications, general right and rules as to
(1) A person who is
authorised to intervene in any proceedings relating to an application may
instead or in addition exercise that right by way of objection.
(2) Where an
application is required to be advertised, a right to object to the application
is conferred on any person on any ground permitted by section 74.
[(3) deleted]
(4) Subject to
subsections (5) and (6), an objection shall be made by lodging a notice with
the Director in the form approved by the Director, not later than the day
specified in the advertisements or notices relating to the application as the
last day on which objections should be lodged.
(4A) The Director must
serve a copy of a notice lodged under subsection (4) on the applicant, unless
section 30(4)(a) applies.
(5) The Director may
—
(a)
permit a notice of objection to be lodged —
(i)
by a person on whom, or a body on which, subsection (2)
does not confer that right; or
(ii)
which is not in the approved form, or is otherwise
deficient; or
(iii)
at any time before the determination of an application,
notwithstanding that a prescribed time limitation has elapsed;
or
(b)
permit an objection lodged to be amended or substituted,
and the licensing
authority shall determine, in the public interest in each case, whether the
objection so lodged, amended or substituted should be heard.
(6) Notwithstanding
subsection (4), the licensing authority may, if it considers it proper to do
so and subject to any conditions imposed, permit any objection to be taken at
the hearing of an application.
[(7) deleted]
(8) If the applicant
so requests, where —
(a) a
notice of objection —
(i)
is lodged under subsection (5)(a)(ii); or
(ii)
is amended or substituted;
or
(b) an
objection is permitted to be taken at a hearing,
the hearing shall be
adjourned for such period as the licensing authority thinks necessary to
enable the applicant to reply properly to any matter then raised.
(9) An objection may
be made on behalf of an unincorporated body of persons by an agent duly
appointed for the purpose.
(10) The burden of
establishing the validity of any objection lies on the objector.
[Section 73 amended: No. 12 of 1998 s. 16(2) and
51; No. 73 of 2006 s. 53, 111(3) and (4); No. 9 of 2018 s. 42.]