Victorian Numbered Acts

LIQUOR AND GAMBLING LEGISLATION AMENDMENT ACT 2018 (NO. 20 OF 2018) - SECT 14

For section 86I of the Principal Act substitute —

        " 86I     Commission may remove demerit points of transferee who has relevant relationship

    (1)     A transferee who has a relevant relationship with the transferor may apply to the Commission for the removal of any demerit points from the Register accrued in respect of the licence or permit before the transfer.

    (2)     An application under subsection (1) must be accompanied by the prescribed fee.

    (3)     The Commission must not remove any demerit points under subsection (1) unless the Commission is satisfied that the transferee has taken sufficient measures in respect of the licence or permit to improve compliance with this Act.

    (4)     For the purposes of subsection (3), factors that the Commission may consider include, but are not limited to, evidence of a change of management practices or staff training.

        86IA     Reinstatement of removed demerit points in the Register

    (1)     The Commission, on being satisfied that a transferee was wrongly stated in an application as not having a relevant relationship with the transferor on the day that the application for the transfer of the licence or permit was granted under  section 44 or 47, must reinstate any demerit points removed from the Register under section 86HA.

    (2)     For the purposes of being satisfied as mentioned in subsection (1) the Commission—

        (a)     may consider the information not previously before the Commission;
and

        (b)     must consider any submissions made by the transferee in accordance with section 86IB.

    (3)     On the reinstatement of any demerit points in the Register—

        (a)     the demerit points against a licence or permit is taken to have been recorded as if it had not been removed; and

        (b)     the demerit points must be reinstated in the Register in relation to the day the offence that is the basis of the non-compliance incident to which the demerit points relate is alleged to have been committed; and

        (c)     any automatic suspension of a licence or permit by the Commission under section 86E applies as if the demerit points had not been removed.

        86IB     Notice of proposed reinstatement of demerit points and determination

    (1)     If the Commission proposes to reinstate any demerit points in the Register under section 86IA, the Commission must give written notice of the proposal to the transferee that—

        (a)     states the Commission's intention to reinstate the removed demerit points in the Register in respect of the transferred licence or permit; and

        (b)     specifies the information that the Commission has considered; and

        (c)     invites the transferee to make written submissions to the Commission; and

        (d)     specifies the date within which submissions should be made by the transferee to the Commission.

    (2)     The Commission may determine whether or not to reinstate any removed demerit points after the date specified in a notice given under subsection (1) by considering—

        (a)     the information referred to in subsection (1)(b); and

        (b)     any submission made by the transferee.".

Division 4—Restaurant and cafe licences