New South Wales Consolidated Acts

LIQUOR ACT 2007 - SECT 144ZJ

144ZJ Secretary may accept enforceable undertakings

(1) The Secretary may require a licensee to give an undertaking (an
"enforceable undertaking" ) to do, or refrain from doing, something if--

(a) the licensee has contravened this Act, or

(b) the Secretary reasonably believes the licensee has contravened this Act.

(2) The Secretary may also invite a licensee to give an enforceable undertaking to prevent a risk of potential harm even if the licensee has not contravened, or allegedly contravened, this Act.

(3) An enforceable undertaking is an alternative to taking disciplinary action and disciplinary action may not be taken in relation to the contravention or alleged contravention of this Act while an enforceable undertaking is in force.

(4) An enforceable undertaking may provide for the following--

(a) a matter that prevents a contravention of this Act,

(b) a matter relating to the mitigation or remediation of a contravention of this Act,

(c) a matter relating to the prevention of risks of harm from liquor,

(d) another matter the Secretary and the licensee consider relevant.

(5) An enforceable undertaking may be--

(a) accepted by the Secretary by written notice given by the Secretary to the licensee, and

(b) varied or withdrawn by the Secretary, by written notice given to the licensee--

(i) on the Secretary's own initiative, or

(ii) at the request of the licensee.

(6) The Secretary may publish an enforceable undertaking on a NSW Government website, unless the Secretary considers--

(a) the undertaking includes matters that are commercial in confidence, or

(b) the publication of the undertaking would not be in the public interest, or

(c) the undertaking includes personal information--

(i) that cannot be easily redacted, or

(ii) the redaction of which would make the publication meaningless.

(7) If the Secretary is satisfied a licensee has, without reasonable excuse, failed to comply with an enforceable undertaking, the Secretary may certify the failure to the Supreme Court.

(8) The Supreme Court may inquire into the case and--

(a) order the licensee to comply with the enforceable undertaking within a period specified by the Court, or

(b) if the Court is satisfied the licensee failed, without reasonable excuse, to comply with the enforceable undertaking--punish the licensee as if the licensee were in contempt of the Court and, if the Court thinks fit, also make an order under paragraph (a).