Section 78 Liquor Act 2007 | Banning Orders


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The Legislation

Section 78 of the Liquor Act 2007 (NSW) is concerned with Banning Orders and is set out below.

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78 Banning orders

(1) The Authority may, by order in writing given to a person, prohibit the person from entering or remaining on the licensed premises specified in the order.

(2) An application for an order under this section may be made by:
(a) the Director-General, or
(b) the Commissioner of Police, or
(c) a licensee who is a party to a local liquor accord, or
(d) any other person (or class of persons) prescribed by the regulations.

(3) The application must be in the form approved by the Authority.

(4) The Authority may make such an order under this section only if the Authority is satisfied that the person the subject of the proposed order has repeatedly been intoxicated, violent, quarrelsome or disorderly on or in the immediate vicinity of licensed premises.

(5) The regulations may prescribe other circumstances in which the Authority is authorised to make an order under this section.

(6) An order under this section must specify a period (not exceeding 6 months) during which the order is in force.

(7) In deciding whether to make an order under this section, the Authority is not to take into consideration the person’s race or ethnic or national origins.

(8) A person who is the subject of an order under this section must not enter or attempt to enter, or remain on, the licensed premises to which the order relates. Maximum penalty: 50 penalty units.