Australian Capital Territory Numbered Acts

LIQUOR (AMENDMENT) ACT (NO. 2) 1990 (NO. 56 OF 1990) - SECT 49

49. Part XIII of the Principal Act is repealed and the following Part substituted:

Review by Tribunal

“104. An application may be made to the Australian Capital Territory Administrative Appeals Tribunal for review of a decision by the relevant decision maker—

        (a)     refusing to agree to the issue or transfer of a licence;

        (b)     issuing a licence under section 33 of a class different from that applied for;

        (c)     issuing a special licence under section 34A subject to conditions in the public interest;

        (d)     refusing to approve the cancellation of a licence under section 42C;

        (e)     refusing to grant approval under subsection 42E (1) or (3);

        (f)     giving directions to a licensee;

        (g)     suspending a licence;

        (h)     the issue of a reprimand to a licensee;

              (i)     cancelling a licence under Division 5 of Part V;

        (j)     refusing to approve (or to declare complete) the alteration of licensed premises;

        (k)     refusing to approve the closure of licensed premises;

        (l)     refusing to issue or to authorise the issue of a permit;

        (m)     authorising the issue of a permit in terms different from those sought by the applicant; or

        (n)     cancelling a permit.

“104A. (1) Within 28 days of the date of a decision of the kind referred to in section 104, the relevant decision maker shall cause notice of the decision to be given—

        (a)     in the case of a decision referred to in paragraphs 104 (f), (g), (h), (i) and (n)—to each relevant licensee or permit holder, as the case requires; and

        (b)     in the case of the other decisions referred to in section 104—to the applicant concerned.

“(2) A notice referred to in subsection (1) shall—

        (a)     include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1989 , an application may be made to the Tribunal for a review of the decision to which the notice relates; and

        (b)     except where subsection 26 (11) of that Act applies—include a statement to the effect that a person whose interests are affected by the decision may request a statement pursuant to section 26 of that Act.

“(3) The validity of a decision referred to in section 104 shall not be taken to have been affected by a failure to comply with subsection (2).”.