Australian Capital Territory Numbered Acts

LIQUOR (AMENDMENT) ACT 1999 (NO. 51 OF 1999) - SECT 22

    Section 49 of the Principal Act is repealed and the following section substituted:

“49     Action on referral for suspension

“(1)     On referral of a matter under section 48, the board shall—

        (a)     if satisfied, on reasonable grounds, that the facts set out in the documents provided to the board by the registrar would not, if proved, establish any ground for the suspension of the licence or the issue of directions or a reprimand to the licensee—dismiss the matter; or

        (b)     in any other case—consider the matter in accordance with Part 12 (Inquiries and hearings by the board).

“(2)     After considering the matter, the board shall, in writing—

        (a)     suspend the licence for a specified period;

        (b)     issue directions to the licensee, whether or not the board also suspends the licence;

        (c)     issue a reprimand to the licensee, whether or not the board also suspends the licence or issues directions to the licensee; or

        (d)     dismiss the matter.

“(3)     The board shall not suspend a licence unless satisfied, on reasonable grounds, that there is a ground for doing so under section 47.

“(4)     The board shall not issue a direction to the licensee unless satisfied, on reasonable grounds, that there is a ground for doing so under section 46.

“(5)     The board shall not issue a reprimand to a licensee unless satisfied, on reasonable grounds, that there is a ground for doing so under section 45A.”.