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LIQUOR ACT 1992 - SECT 137
Procedure for taking disciplinary action in relation to licence
137 Procedure for taking disciplinary action in relation to licence
(1) If the commissioner considers, on reasonable grounds, there is a ground to
take disciplinary action relating to a licence (the
"proposed action" ), the commissioner must give the licensee a written notice
that states the following— (a) the proposed action;
(b) the grounds for the
proposed action;
(c) an outline of the facts and circumstances forming the
basis for the grounds;
(d) if the proposed action includes suspending the
licence—the proposed suspension period;
(e) if the proposed action includes
closing the licensed premises for a stated period—the proposed closure
period;
(f) if the proposed action includes varying the licence—the
proposed condition to which the licence is to be subject or the other way in
which the authority conferred by the licence is to be limited;
(g) if the
proposed action includes disqualifying the licensee from holding a licence or
permit—the proposed disqualification period;
(h) if the proposed action
includes requiring the licensee to pay the department an amount—the proposed
amount;
(i) an invitation to the licensee— (i) to show, by a stated day
that is at least 28 days after the notice is given (the
"last day for representations" ), why the proposed action should not be taken;
and
(ii) to make submissions about the proposed action;
(j) how
representations by the licensee about the proposed action may be made.
(2)
The commissioner must also give to each interested person relating to the
licence, at least 28 days before the show cause period ends, written notice
that— (a) states the matters mentioned in subsection (1) (a) to (h) ; and
(b) invites the interested person to make representations, in the way stated
in the notice, about the proposed action before the
last day for representations.
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