Australian Capital Territory Numbered Acts

LIQUOR (AMENDMENT) ACT (NO. 2) 1990 (NO. 56 OF 1990) - SECT 20

20. Section 41 of the Principal Act is amended—

    (a)     by omitting from subsection (1) “Authority may authorise” and substituting “Registrar may, subject to this section, authorise”;

    (b)     by inserting after subsection (1) the following subsections:

“(1A) For the purpose of making a decision in relation to an application, the Registrar may direct the Deputy Registrar to investigate the application and prepare a written report of the results of that investigation.

“(1B) As soon as is reasonably practicable, the Registrar shall consider the application and the report (if any) of the Deputy Registrar and, subject to the requirements of this Act in relation to the application, shall, in writing—

        (a)     if satisfied that, on the material being considered, there is no substantial ground on which to refuse to authorise the transfer of the licence—authorise the transfer of the licence;

        (b)     if satisfied that, on the material being considered, there is no substantial ground on which to authorise the transfer of the licence—refuse to authorise the transfer of the licence; and

        (c)     in any other case—refer the application to the Board for consideration in accordance with Part XII.

“(1C) An application referred to the Board by the Registrar shall be considered by the Board in accordance with Part XII and, subject to the requirements of this Act in relation to the application, the Board shall, in writing—

        (a)     authorise the transfer of the licence; or

        (b)     refuse to authorise the transfer.

“(1D) A licence shall not be transferred unless the determined fee has been paid.”;

    (c)     by omitting from subsection (2) “Authority” (wherever occurring) and substituting “relevant decision maker”; and

    (d)     by omitting from subsection (3) “Authority” and substituting “relevant decision maker”.