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LIQUOR ACT 2007 - SECT 75
Secretary, police officers and marine authorities may issue improvement notices to licensees and staff of licensed premises
(1) The Secretary, a police officer or a marine authority may give a
relevant person for licensed premises a written notice (an
"improvement notice" )-- (a) for the Secretary-- (i) if the Secretary
reasonably believes there has been a contravention of this Act or the
regulations on, or in relation to, the licensed premises, or
(ii) about any
other matter relating to the licensed premises, including any conduct on the
licensed premises, or
(b) for a police officer--if the police officer
reasonably believes noise is being emitted from the licensed premises in
contravention of-- (i) this Act or the regulations, or
(ii) any noise or
noise-related condition applying to the licence for the licensed premises, or
(c) for a marine authority--if the marine authority reasonably believes noise
is being emitted in navigable waters from licensed premises that are a vessel
in contravention of-- (i) this Act or the regulations, or
(ii) any noise or
noise-related condition applying to the licence for the licensed premises.
(2) An improvement notice must not be issued in relation to a demerit offence
under Part 9A.
(2A) An improvement notice must be in the form approved by the
Secretary and include-- (a) for an improvement notice issued by the
Secretary-- (i) if the notice relates to a contravention of this Act or the
regulations--the provision of the Act or regulations that is being
contravened, and
(ii) a direction about the action that must be taken by the
relevant person to rectify the contravention, and
(iii) a direction about the
date by which the rectification must occur, or
(b) for an improvement notice
issued by a police officer-- (i) a direction that a person whom the police
officer believes to be a person who caused the emission of the noise to cease
the noise, or
(ii) a direction that a person whom the police officer believes
to be making, or contributing to the making, of the noise to cease making or
contributing to the noise, or
(c) for an improvement notice issued by a
marine authority-- (i) a direction that a person whom the marine authority
believes to be a person who caused the emission of the noise to cease the
noise, or
(ii) a direction that a person whom the marine authority believes
to be making, or contributing to the making, of the noise to cease making or
contributing to the noise.
(2B) An improvement notice takes effect on the
later of the following-- (a) when the notice is given to the relevant person,
(b) a date specified in the notice.
(3) A relevant person who, without
reasonable excuse, fails to comply with an improvement notice under this
section is guilty of an offence. : Maximum penalty--100 penalty units.
(4)
The power conferred by this section includes a power to issue an
improvement notice giving a direction to adopt, vary, cease or refrain from
any practice on or in respect of the licensed premises.
(5) The Secretary may
revoke or vary an improvement notice given under this section.
(6) An
improvement notice under this section must not be inconsistent with this Act
and the authorisation conferred by the licence concerned.
(7) A police
officer or marine authority who issues an improvement notice under this
section may make a complaint to the Secretary under section 79B about the
emission of noise from the licensed premises the subject of the
improvement notice.
(8) In this section--
"relevant person" means the following-- (a) a licensee,
(b) an employee of a
licensee,
(c) an agent of a licensee.
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