Liquor Act 2007 No 90
Division 4 General provisions
144K Commencement and expiration of strikes
(1) A strike comes into force on the day on which the strike is imposed by the Authority.(2) Unless sooner revoked under this Part, a strike expires on the third anniversary of the day on which it comes into force.(3) The expiration of a strike does not affect the continued operation of any remedial action taken as a result of the strike.
144L Provisions relating to conditions under this Part
(1) In imposing a condition under this Part, the Authority may (but is not required to) specify a period for which the condition is to apply.(2) The Authority may, at any time, vary or revoke a condition imposed under this Part.(3) If a period for which a condition under this Part is to apply is not specified, the condition remains in force until revoked by the Authority.
144M Requirements relating to making of reviewable decisions
(1) The Authority must, in making a reviewable decision—(a) notify the following persons in writing that the Authority is deciding the matter and invite those persons to make a submission within a specified period of at least 21 days—(i) the licensee or manager in respect of whom the decision relates,(ii) if the decision is whether a second or third strike should be imposed—each interested person in the business carried on under the licence concerned (but only if the person’s name has been provided to the Authority under section 41 or 55) and the owner of the licensed premises,(iii) any other person prescribed by the regulations, and(b) take into account any submissions received before the end of the specified period from any of the following—(i) a person referred to in paragraph (a),(ii) the NSW Police Force,(iii) Liquor and Gaming NSW, Department of Industry, and(c) take into account each of the following to the extent that the Authority considers it to be relevant to the decision—(i) whether the licensed premises were declared premises within the meaning of Schedule 4 when the offences that caused a strike are alleged to have been committed,(ii) the size and patron capacity of the licensed premises and how this may impact on the ability of the licensee or manager to prevent the commission of prescribed offences,(iii) the history and nature of the commission of prescribed offences by the licensee or manager,(iv) the history and nature of violent incidents that have occurred in connection with the licensed premises,(v) whether other action would be preferable,(vi) whether there have been changes to the persons who are the licensee, manager or business owner,(vii) whether there have been changes to the business practices in respect of the business carried on under the licence,(viii) any other matter prescribed by the regulations.(2) Subsection (1) does not prevent the Authority from taking into account any other matter that the Authority considers relevant to the proper making of a reviewable decision.(3) The Authority must, as soon as practicable after making a reviewable decision, give notice in writing of the decision, the reasons for the decision and any right of review in respect of the decision to each person that is required to be notified by the Authority under subsection (1)(a) in respect of the decision.(4) A submission provided to the Authority under subsection (1)(b)(i) may not be used for the purposes of prosecuting an offence under this Act.(5) The regulations may prescribe guidelines setting out how the matters referred to in subsection (1)(c) are to be taken into account by the Authority.
144N Administrative review by NCAT
(1) An application to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of a reviewable decision may be made by a person who is required to be notified of the decision under section 144M.(2) Any such application is to be made no later than 21 days after the person receives the notification.(3) Part 2 of Chapter 3 of the Administrative Decisions Review Act 1997 does not apply to an application to the Civil and Administrative Tribunal for an administrative review of a reviewable decision.(4) An application for a review operates to stay the reviewable decision unless the Civil and Administrative Tribunal otherwise directs.(5) The operation of any remedial action taken in respect of a strike is suspended during any time that the decision to impose the strike is stayed.(6) In determining an application for review under this section, the Civil and Administrative Tribunal must take into account any matter that was required to be taken into account in making the reviewable decision that is the subject of the review.
144O Review by Authority of decision to impose strike
(1) If the Authority imposes a strike under Division 2 or 3, the licensee or manager in respect of whom the strike relates may, after the period of 6 months following the date on which the strike was imposed, apply to the Authority for a review of its decision to impose the strike.(2) An application under this section must be accompanied by the fee prescribed by the regulations.(3) In determining an application for a review under this section, the Authority may—(a) confirm its decision to impose the strike, or(b) revoke the strike.(4) The Authority may decide to revoke the strike only if the Authority is satisfied that—(a) the licensee or manager in respect of whom the strike relates has complied with any remedial action imposed by the Authority in relation to the strike, and(b) the licensee or manager has implemented measures, or undertaken a course of training or instruction, to manage or reduce the risks that contributed to the commission of the prescribed offence in respect of which the strike was imposed, and(c) the provisions of this Act or the regulations referred to in the definition of prescribed offence in section 144B have not, since the strike was imposed, been contravened—(i) by the person who incurred the strike, or(ii) in the case of a strike incurred on a club licence—by a manager of the club premises.(5) If a strike is revoked by the Authority under this section, any remedial action taken as a result of the strike ceases to have effect unless the Authority determines otherwise.
144P Effect of appeals against convictions for prescribed offences
(1) An appeal against a conviction for a prescribed offence does not operate to prevent a strike being incurred as a result of the commission of the offence or to prevent the taking of remedial action in respect of such a strike but an appeal does operate to suspend the operation of any such remedial action until the appeal is determined or withdrawn.Note.If the appeal is successful and the conviction is overturned a strike based on the conviction is revoked and any remedial action taken as a result of such a strike ceases to have effect.(2) The Authority may, if satisfied that circumstances have changed during the period that the operation of remedial action is suspended under this section, replace the remedial action with any remedial action that the Authority could have taken had those changed circumstances applied when the relevant strike was incurred.