Section 141 Liquor Act 2007 | Disciplinary Powers of Authority


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The Legislation

Section 141 of the Liquor Act 2007 (NSW) is concerned with Disciplinary Powers of Authority and is set out below.

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141 Disciplinary powers of Authority

(1) The Authority may deal with and determine a complaint that is made to it under this Part.

(1A) If the Authority is satisfied that the criminal organisation associate ground applies in relation to a licensee, the Authority must do one or both of the following:
(a) disqualify the licensee from holding a licence for such period as the Authority thinks fit,
(b) cancel the licence.

(1B) If the Authority is satisfied that the criminal organisation associate ground applies in relation to a manager, the Authority must do one or both of the following:
(a) disqualify the manager from being the manager of licensed premises for such period as the Authority thinks fit,
(b) withdraw the manager’s approval to manage licensed premises.

(2) If the Authority is satisfied that any of the grounds (other than a criminal organisation associate ground) on which the complaint was made apply in relation to the licensee, manager or close associate, the Authority may decide not to take any action or may do any one or more of the following:
(a) cancel the licence,
(b) suspend the licence for such period not exceeding 12 months (or, if circumstances of aggravation exist in relation to the complaint, not exceeding 24 months) as the Authority thinks fit,
(c) order the licensee or manager to pay, within such time as is specified in the order:
(i) a monetary penalty not exceeding 500 penalty units (in the case of a corporation) or 200 penalty units (in the case of an individual), or
(ii) if circumstances of aggravation exist in relation to the complaint–a monetary penalty not exceeding 1,000 penalty units (in the case of a corporation) or 400 penalty units (in the case of an individual),
(d) suspend or cancel any authorisation or other approval (other than the licence itself) held by the licensee under this Act,
(e) impose a condition to which the licence, or any authorisation or approval held by the licensee under this Act, is to be subject or revoke or vary a condition to which the licence or any such authorisation or approval is subject,
(f) disqualify the licensee from holding a licence for such period as the Authority thinks fit,
(g) withdraw the manager’s approval to manage licensed premises,
(h) disqualify the manager from being the manager of licensed premises,
(i) in the case of a limited licence held on behalf of a non-proprietary association–order that a limited licence is not, for a period of not more than 3 years from the date on which the decision takes effect, to be granted to any person on behalf of the non-proprietary association,
(j) disqualify the close associate from being a close associate of a licensee for such period as the Authority thinks fit,
(k) disqualify the close associate from holding a licence for such period as the Authority thinks fit,
(l) order the licensee, manager or close associate to pay the amount of any costs incurred by:
(i) the Director-General in carrying out any investigation or inquiry under section 138 in relation to the licensee, manager or close associate, or
(ii) the Authority in connection with the taking of disciplinary action against the licensee, manager or close associate under this section,
(m) reprimand the licensee, manager or close associate.

(3) If the Authority orders a licensee or manager to pay a monetary penalty under this section and the penalty is not paid within the time specified in the order, the Authority may:
(a) cancel the licence, or
(b) suspend the licence until such time as the penalty is paid (or for such other period as the Authority thinks fit).

(4) While a person is disqualified by the Authority from being a close associate of a licensee, the person is conclusively presumed for the purposes of this Act to be a person who is not a fit and proper person to be a close associate of a licensee.

(5) Action against other interested persons In deciding whether to take disciplinary action under this section against a licensee in relation to a complaint, the Authority may take disciplinary action against a person who is interested in the business, or in the conduct or profits of the business, carried on under the licence (regardless of whether the Authority takes any disciplinary action under this section against the licensee concerned).

(6) If the Authority decides to take disciplinary action against any such interested person, the Authority may do any one or more of the following:
(a) disqualify the person, for a period commencing on a specified day, from being a person interested in the business, or in the conduct or profits of the business, carried on under a licence,
(b) reprimand the person.

(7) Circumstances of aggravation For the purposes of this section, circumstances of aggravation exist in relation to a complaint if (and only if) each of the following paragraphs applies:
(a) the complaint concerns a contravention or alleged contravention of section 73 or 74,
(b) the complaint alleges that for the reasons specified in the complaint the matter of the complaint is so serious as to warrant the taking of action that is available to the Authority when circumstances of aggravation exist,
(c) the Authority, in finding that the matter of the complaint has been made out, is of the opinion (having regard to any matter such as the number of contraventions of the Act involved, the seriousness of the contravention involved, the number of people involved in the contravention or the seriousness of the outcome of the contravention, or any other relevant consideration) that the matter of the complaint is so serious as to warrant the taking of action that is available to the Authority when circumstances of aggravation exist.

(8) In this section:”criminal organisation associate ground” means:
(a) in relation to a licensee–that the licensee is not a fit and proper person to be the holder of a licence for the same reason as that set out in section 45 (5), or
(b) in relation to a manager–that the manager is not a fit and proper person to be the manager of the licensed premises for the same reason as that set out in section 68 (4A).