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LIQUOR ACT 2007 - SECT 140
Procedure for taking disciplinary action
140 Procedure for taking disciplinary action
(1) If a complaint in relation to a licensee, manager or close associate is
made under this Part, the Authority must, before taking any disciplinary
action against the licensee, manager or close associate, notify the licensee,
manager or close associate in writing of the grounds on which the Authority is
proposing to take disciplinary action.
(2) Any such notice is to invite the
licensee, manager or close associate to show cause, by way of a written
submission, as to why the Authority should not take disciplinary action
against the licensee, manager or close associate.
(3) The Authority must
also, before taking disciplinary action against a licensee, invite written
submissions from the following persons-- (a) if the licensee occupies the
licensed premises under a lease--the lessor,
(b) each person named in the
written statement referred to in section 41 that accompanied the application
for the licence,
(c) each person named in the information provided to the
Authority (as required by section 55) who has become interested in the
business, or the conduct of the business, carried out on the licensed premises
concerned,
(d) if the grounds for taking the proposed disciplinary action
relate to a person (other than the licensee) not being a fit and proper
person--that person.
(4) The Authority may specify-- (a) the time within
which a submission under this section may be made, and
(b) any other
requirements that must be complied with in relation to the making of any such
submission.
(5) If any written submission is made in accordance with this
section, the Authority must take the submission into consideration in deciding
whether or not to take disciplinary action against the licensee, manager or
close associate concerned.
(6) Subsection (1) does not require the Authority
to disclose any criminal intelligence.
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