New South Wales Repealed Acts

This legislation has been repealed.

LIQUOR ACT 1982 - SECT 46

46 Taking of objection

(1) An objection under section 45 may be taken only by a written notice of objection that:

(a) is signed by each objector and specifies his or her address, and

(b) where a ground for the objection is a ground specified in section 45 (1)--specifies the reasons why the objector considers:

(i) in the case of an objection on the ground specified in section 45 (1) (a)--that the applicant is not a fit and proper person to be the holder of a licence,

(ia) in the case of an objection on the ground specified in section 45 (1) (a1)--that the person to whom the objection relates is not a fit and proper person to be a close associate of the holder of a licence,

(ib) in the case of an objection specified in section 45 (1) (a2)--that the person to whom the objection relates is not a fit and proper person to occupy a position of authority in a body corporate that is to be the holder of a licence, or

(iii) in the case of an objection on the ground specified in section 45 (1) (c)--that it would not be in the public interest to grant the application.

(2) Except as provided by subsection (3), an objection may not be heard and determined unless a copy of the notice of objection has been given to the applicant and the registrar at least 3 clear days before the hearing of the application.

(3) Notwithstanding subsection (2), the court may, in a proper case and subject to compliance with any conditions imposed by the court, hear and determine an objection to the grant of an application taken at the hearing of the application subject to the hearing, if the applicant so requests, being adjourned for such period of not less than 3 clear days as the court thinks fit.

(4) When hearing and determining an objection, the court must admit into evidence and consider any relevant findings of a court, a tribunal or a Royal Commission, the Independent Commission Against Corruption or other commission of inquiry or a coroner in any investigation, inquiry or other proceeding if those findings have been publicly released and are brought to the attention of the court.