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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Liquor Licensing (Power to Bar) Amendment
Bill 2008
A BILL FOR
An Act to amend the Liquor Licensing Act 1997.
Contents
Part 1—Preliminary
1 Short
title
2 Commencement
3 Amendment provisions
Part 2—Amendment of Liquor Licensing
Act 1997
4 Amendment of section 28A—Criminal
intelligence
5 Amendment of section 125—Power to bar
6 Amendment of
section 128—Review of orders by Commissioner or Court
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Liquor Licensing (Power to Bar) Amendment
Act 2008.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Liquor Licensing
Act 1997
4—Amendment of
section 28A—Criminal intelligence
(1) Section 28A(1)—delete subsection (1) and substitute:
(1) Information that is classified by the Commissioner of Police as
criminal intelligence for the purposes of this Act may not be disclosed to any
person other than the Commissioner, the Minister, a court or a person to whom
the Commissioner of Police authorises its disclosure.
(2) Section 28A—after subsection (4) insert:
(4a) If the Commissioner of Police bars a person from entering or
remaining on licensed premises by order under Part 9 Division 3
because of information that is classified by the Commissioner of Police as
criminal intelligence, the order need only state that it would be contrary to
the public interest if the person were not so barred.
5—Amendment of
section 125—Power to bar
(1) Section 125—after subsection (1) insert:
(1a) The Commissioner of Police may, for the purposes of subsection (1),
provide a licensee or a responsible person for licensed premises with
information about a person (including information that may identify the
person).
(1b) The Commissioner of Police may, by order served on a person, bar the
person from entering or remaining on—
(a) specified licensed premises; or
(b) licensed premises of a specified class; or
(c) licensed premises of a specified class within a specified area;
or
(d) all licensed premises within a specified area,
(including areas adjacent to the licensed premises that are under the
control of the relevant licensee or licensees)—
(e) if, because of information that is classified by the Commissioner of
Police as criminal intelligence, the Commissioner of Police is satisfied that it
is in the public interest to do so; or
(f) on any other reasonable ground.
(2) Section 125(3)—delete subsection (3) and substitute:
(3) Information (which may include photographic information) that
identifies a person who has been barred from licensed premises under this
section—
(a) if the person has been barred by order of the Commissioner of
Police—must be provided by the Commissioner of Police to the licensee or
responsible person for licensed premises;
(b) in any other case—may be provided by the Commissioner of Police
to the licensee or responsible person for licensed premises,
(but a failure to comply with this subsection does not affect the operation
of the order).
(3) Section 125(5)(a)—after "subsection (1)(aa)" insert:
or (1b)
(4) Section 125(5)(b)(i)—after "3 months" insert:
or such longer period as may be approved by the Commissioner
(5) Section 125(5)(b)(ii)—after "6 months" insert:
or such longer period as may be approved by the Commissioner
(6) Section 125(6)—after paragraph (a) insert:
(ab) in the case of an order made in the public interest under
subsection (1b)(e)—details of the information that is classified by
the Commissioner of Police as criminal intelligence in response to which the
order was made; or
(7) Section 125—after subsection (6) insert:
(7) An order barring a person under this section—
(a) if made by a licensee or a responsible person for licensed
premises—may be revoked by subsequent order of the licensee or responsible
person for licensed premises served on the person;
(b) if made by the Commissioner of Police—may be revoked by
subsequent order of the Commissioner of Police served on the person.
6—Amendment of
section 128—Review of orders by Commissioner or Court
(1) Section 128(1)—delete "to the Commissioner"
(2) Section 128(1a)—delete subsection (1a) and substitute:
(1a) An application for review of an order must be made—
(a) if the order was made barring the person from the premises for a
period approved by the Commissioner under section 125(5)(b)(i) or
(ii)—to the Court;
(b) in any other case—to the Commissioner.
(1b) Reasonable notice of the hearing of an application for review must be
given—
(a) if the order was made by the licensee or a responsible person for
licensed premises—to the licensee; or
(b) if the order was made by the Commissioner of Police—to the
Commissioner of Police.
(3) Section 128(4)—delete subsection (4) and substitute:
(4) The Commissioner or the Court (as the case requires) has an absolute
discretion to suspend an order pending determination of an application for
review of the order.