Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts64. Section 93A and Parts X and XI of the Principal Act are repealed and the following Parts substituted:
“94. In proceedings for an offence against this Act, a beverage in a sealed container that purports to contain liquor within the meaning of the relevant offence provision is to be taken to be liquor within the meaning of that provision unless the contrary is established.
“95. In any court proceedings, a certificate signed by the Registrar, stating—
(a) that, on each specified day, a specified person was or was not the holder of a licence of the specified kind in relation to the specified premises; or
(b) that, on each specified day, a specified person was or was not the holder of a permit in relation to the specified premises;
is evidence of the matters so stated.
“96. In this Part—
(a) a licence;
(b) the cancellation or suspension of a licence;
(c) an alteration of licensed premises under Part VI;
(d) an approval under Part VII;
(e) a permit; or
(f) the cancellation of a permit.
“97. (1) Where the Authority fixes a time, date and place for the hearing of an application, the Registrar shall, not less than 7 days before that date, serve on—
(a) in the case of an application for the cancellation of a licence or permit—each relevant licensee or permit holder; or
(b) in any other case—the applicant;
notice of that time, date and place.
“(2) In the case of an application under Part VI or VII, the notice under subsection (1) shall be accompanied by a copy of the Registrar's report in relation to the application.
“(3) Where an application is made for the cancellation of a licence or permit, the notice under subsection (1) shall be accompanied by a copy of—
(a) the application for cancellation; and
(b) in the case of an application for the cancellation of a permit—the Registrar's report (if any) about any relevant complaints.
“98. (1) At a hearing, the procedure shall be at the discretion of the Authority.
“(2) At a hearing, the Authority shall give the applicant and, in the case of an application for the cancellation of a licence or permit, each relevant licensee or permit holder, an opportunity to be heard.
“(3) At a hearing, the Authority is not bound by the rules of evidence, but may inform itself in such manner as it thinks fit.
“(4) At a hearing, the Authority may take evidence on oath, or affirmation, administered by a member of the Authority.
“(5) The Authority may adjourn a hearing from time to time and from place to place.
“99. (1) Where the Authority believes on reasonable grounds that—
(a) the publication of evidence given, or intended to be given, in a hearing; or
(b) the publication of the name of any person involved in the hearing, or involved in a matter raised during the hearing;
is likely to cause undue hardship to, or to unduly prejudice, any person, the Authority may, at any time during or after the hearing, make an order—
(c) forbidding the publication of the evidence or a specified part of the evidence, or of a report of the evidence, either absolutely or subject to such conditions as the Authority specifies or for such period as is specified; or
(d) forbidding the publication of the name of such a person.
“(2) A person shall not contravene an order under subsection (1).
Penalty: $1,000.
“(3) For the purposes of this section, the publication of a reference or allusion to a person, where the publication would be likely to disclose the identity of the person, is to be taken to be a publication of the name of the person.
“100. (1) A hearing shall be in public, unless the Authority directs that the hearing be in private.
“(2) The Authority shall only make a direction under subsection (1) if it is satisfied on reasonable grounds that the conduct of the hearing in public would be likely to cause undue hardship to, or to unduly prejudice, any person.
“(3) Where the Authority makes a direction under subsection (1), a person shall not enter, or remain in, the room in which a hearing is being conducted except with the permission of the Authority.
Penalty for contravention of subsection (3): $1,000.
“101. Each applicant (including the Registrar) and, in the case of an application for the cancellation of a licence or permit, each relevant licensee or permit holder, may be represented at a hearing of the application by a barrister or solicitor.
“102. (1) The senior member may, by writing, summon a person to attend a hearing at a time and place specified in the summons to give evidence and to produce any books and documents in that person's custody or control that are—
(a) relevant to any matter at issue in the hearings; and
(b) specified in the summons.
“(2) A person served with a summons under subsection (1) shall not, without reasonable excuse, fail to comply with the summons.
Penalty: $1,000.
“(3) A witness at a hearing shall not refuse both to be sworn and to make an affirmation.
Penalty: $1,000.
“(4) A person who attends a hearing for the purpose of giving evidence is entitled to receive such fees and travelling expenses, in accordance with the Second Schedule to the Public Works Committee Regulations in force under the Public Works Committee Act 1969 of the Commonwealth, as the senior member directs.
“(5) Fees and allowances payable to a person in accordance with subsection (4) are payable—
(a) if the person attended the hearing, whether on summons or not, by reason of a request by a person other than the senior member, a member of the Authority or the Registrar—by the person at whose request the first-mentioned person attended; or
(b) in any other case—by the Territory.
“103. (1) A witness at a hearing shall not knowingly give false evidence about any matter material to the hearing.
Penalty: $1,000 or imprisonment for 6 months, or both.
“(2) A witness at a hearing shall not refuse to give evidence about any matter material to the hearing.
Penalty: $1,000 or imprisonment for 6 months, or both.
“(3) A statement made by a witness at a hearing is not, except in proceedings for an offence against section 103 of this Act, or against section 35 or 36 of the Crimes Act 1914 of the Commonwealth, admissible as evidence against that person in criminal proceedings.
“104. Where the Authority—
(a) refuses to authorise the issue or transfer of a licence;
(b) refuses to approve the cancellation of a licence under section 42C;
(c) refuses to grant approval under subsection 42E (1) or (3);
(d) gives directions to a licensee;
(e) suspends a licence;
(f) cancels a licence under Division 5 of Part V;
(g) refuses to approve the alteration of licensed premises;
(h) refuses to approve the closure of licensed premises;
(i) refuses to direct the Registrar to issue a permit;
(j) directs the Registrar to issue a permit in terms different from those sought by the applicant; or
(k) cancels a permit;
the applicant, licensee or permit holder, as the case may be, may, within 21 days after being notified of the Authority's decision, appeal to the Supreme Court.
“104A. (1) An appeal under this Part is in the nature of a re-hearing.
“(2) The Registrar shall be the respondent on an appeal.
“(3) The Supreme Court may—
(a) affirm, set aside, or vary the Authority's decision; or
(b) make such other order as justice requires.
“(4) Where the Supreme Court sets aside or varies a decision, the Court shall set out in its decision the reasons for the decision.”.