Northern Territory Numbered Acts Northern Territory Numbered ActsAfter section 49A
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The Director-General must refer the following matters to the Commission for hearing:
(a) an application under section 26 for the grant of a licence;
(b) an application under section 32A(1) for variation of the conditions of a licence;
(c) an application under section 46A for substitution of other premises for the premises specified in a licence;
(d) an application under section 119 for approval to make a material alteration to licensed premises, including:
(i) an alteration that increases the area used for the sale of liquor or the sale and consumption of liquor; and
(ii) any other applications where the Director-General considers it to be in the public interest that notice of the application be published;
(e) a complaint against a licensee where the Director-General considers that disciplinary action should be taken under section 69.
The following persons, organisations and groups have standing to appear at a hearing by the Commission into a matter mentioned in section 50(a), (b), (c) or (d):
(a) the applicant;
(b) persons, organisations or groups who have lodged a valid objection in accordance with section 47F;
(c) persons, organisations or groups who have not lodged a valid objection in accordance with section 47F but who are granted leave by the Commission to appear;
(d) any other person requested by the Commission under section 120ZE to give specified information or documents to the Commission in relation to the matter.
The following persons, organisations and groups have standing to appear at a hearing by the Commission into a complaint mentioned in section 50(e):
(a) the licensee;
(b) an employee of the licensee;
(c) the complainant;
(d) any other person requested by the Commission under section 120ZE to give specified information or documents to the Commission in relation to the complaint.
(1) In a hearing under this Part:
(a) the Chairperson must:
(i) fix the time and place for the hearing; and
(ii) give notice of the time and place, together with copies of all documents relating to the hearing that have been lodged with the Director-General, to the parties not less than 7 days before the hearing date; and
(b) the Commission:
(i) may require a person appearing before it to give evidence on oath; and
(ii) must give all parties an opportunity to be heard; and
(iii) is not bound by the rules of evidence but may inform itself in the manner it considers appropriate; and
(iv) may conduct the hearing, or part of the hearing, by use of telephone or online facilities; and
(v) may adjourn the hearing from time to time and to another place.
(2) A hearing must be conducted in public unless the Commission considers that a public hearing is likely to cause undue hardship to a person, in which case the Commission may direct that the hearing, or part of the hearing, is to be conducted in private.
(3) A party may be represented at a hearing by a legal practitioner, or other person, who may examine witnesses and address the Commission on behalf of the person for whom the practitioner or other person appears.
(4) A legal practitioner appearing for a party at a hearing has the same protection and immunity as a legal practitioner appearing in a proceeding in the Supreme Court.
(5) A witness who gives evidence at a hearing has the same protection as a witness giving evidence in a proceeding in the Supreme Court.