Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) This section applies if the commissioner believes on reasonable grounds that there is, or is likely to be—
(a) a contravention of this Act; or
(b) a breach of a licence or permit.
Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act
, s 104).
(2) The commissioner may direct (a commissioner's direction ) 1 or more of the following people to take action to prevent the contravention or breach :
(a) a licensee;
(b) an employee of a licensee;
(c) a person working at the licensed premises;
(d) a permit-holder;
(e) an employee of a permit-holder;
(f) a person working at the permitted premises.
Examples—commissioner's direction
1 to a licensee to require people to leave a public area of the licensed premises because the occupancy loading for the area has been exceeded
2 to a licensee to reduce loud noise coming from premises
3 to a licensee to remove or discontinue a promotion that is a prohibited promotional activity under s 137
Note In making this decision, the commissioner must have regard to the harm minimisation and community safety principles (see s 10).
(3) A commissioner's direction must—
(a) be in writing; and
(b) either—
(i) state—
(A) the action to be taken; and
(B) when the direction must be complied with; or
(ii) state—
(A) the conduct not to be undertaken; and
(B) how long the direction is in force.
(4) A commissioner's direction must not state a day or time for compliance that is earlier than the day or time the person is given the commissioner's direction.
Note Power to make a statutory instrument includes power to amend or repeal the instrument. The power to amend or repeal the instrument is exercisable in the same way, and subject to the same conditions, as the power to make the instrument.