New South Wales Consolidated Acts

LIQUOR ACT 2007 - SECT 144ZE

144ZE Deciding application to remove demerit points

(1) In deciding an application made under this Division, the Authority may--

(a) remove the demerit point, or

(b) refuse to remove the demerit point.

(2) The Authority may decide to remove the demerit point only if the Authority is satisfied that--

(a) for an application made under section 144ZC(2)--

(i) the Secretary or the Authority have not taken any action in relation to the licensee or manager of the licensed premises, or the licence for the licensed premises, under any provision of this Act in relation to--

(A) the demerit point, or

(B) the act or circumstances that were the basis of the demerit offence in respect of which the demerit point was incurred, and

(ii) the act or circumstances that were the basis of the demerit offence in respect of which the demerit point was incurred did not result in serious harm to any person, and

(iii) the licensee or manager of the licensed premises has implemented measures, or undertaken a course of training or instruction, to manage or reduce the risks that contributed to the commission of the demerit offence in respect of which the demerit point was incurred, and

(iv) the provisions of this Act or the regulations referred to in the definitions of
"category 1 demerit offence" and
"category 2 demerit offence" have not, since the demerit point was incurred or imposed, been contravened--

(A) by the person who committed the demerit offence in relation to which the demerit point was incurred, or

(B) for a demerit point incurred against a club licence--by a manager of the club premises, or

(b) for an application made under section 144ZD(1)--

(i) any remedial action taken by the Authority under Division 4 of this Part in relation to the demerit point has been complied with, and

(ii) the licensee or manager of the licensed premises has implemented measures, or undertaken a course of training or instruction, to manage or reduce the risks that contributed to--

(A) the commission of the demerit offence in respect of which the demerit point was incurred, or

(B) the prescribed complaint in respect of which the demerit point was imposed, and

(iii) the provisions of this Act or the regulations referred to in the definitions of
"category 1 demerit offence" and
"category 2 demerit offence" have not, since the demerit point was incurred or imposed, been contravened--

(A) by the person who committed the demerit offence in relation to which the demerit point was incurred, or

(B) for a demerit point incurred against a club licence--by a manager of the club premises.

(3) For the purposes of subsections (2)(a)(iii) and (b)(ii), the Authority must not take into account a measure or course of training or instruction the licensee or manager is required to implement or undertake under a provision of this Act or regulations.

(4) The regulations may also prescribe--

(a) any matters the Authority must consider in deciding the application, and

(b) any mandatory or discretionary grounds for refusing to grant the application.

(5) The Authority must, as soon as practicable after making the decision, give the applicant written notice of the following--

(a) the decision,

(b) the reasons for the decision,

(c) any right of review in relation to the decision.

(6) If a demerit point is removed by the Authority under this section, any remedial action taken as a result of the demerit point continues to have effect despite the removal unless the Authority decides otherwise.