Queensland Consolidated Acts

LIQUOR ACT 1992 - SECT 137A

137A Decision about disciplinary action

(1) If, after considering any representations made, the commissioner still considers there is a ground to take disciplinary action relating to the licence, the commissioner may decide to—

(a) if the proposed action was other than suspension or cancellation—take the proposed action or another form of disciplinary action, other than suspension or cancellation of the licence; or

(b) if the proposed action was to suspend the licence—suspend the licence, for not longer than the proposed suspension period or take another form of disciplinary action, other than cancellation of the licence; or

(c) if the proposed action was to cancel the licence—either cancel the licence or take another form of disciplinary action.

(2) If the commissioner decides to take disciplinary action other than the proposed action or part of the proposed action, the commissioner must, as soon as practicable after the decision is made, give the licensee and each interested person to whom notice of the proposed action was given, a further notice stating the following—

(a) the form of disciplinary action the commissioner proposes to take;

(b) the reasons for the decision;

(c) the licensee and interested persons may make submissions to the commissioner in the way and within the time stated in the notice.

(3) For subsection (2) (c) , the time stated in the notice must not be less than 7 days after the licensee and interested persons are given the notice.

(4) If, after considering any representations made about the further notice, the commissioner still considers there is a ground to take disciplinary action relating to the licence, the commissioner may decide to take the disciplinary action.

(5) More than 1 type of disciplinary action relating to a licence may be taken against the licensee under this section.

(6) In this section—

"proposed action" see section 137 (1) .