Section 51 Liquor Act 2007 | General Provisions for Licence Authorisations


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The Legislation

Section 51 of the Liquor Act 2007 (NSW) is concerned with General Provisions for Licence Authorisations and is set out below.

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51 General provisions applying to licence-related authorisations

(1) This section applies to the following authorisations granted by the Authority under this Act:
(a) an extended trading authorisation,
(b) a drink on-premises authorisation,
(c) any other authorisation that may be granted by the Authority under Part 3 (other than a licence),
(d) a minors area authorisation,
(e) a minors functions authorisation.

(2) An application for an authorisation to which this section applies must:
(a) be in the form and manner approved by the Authority, and
(b) be accompanied by the fee prescribed by the regulations and such information and particulars as may be prescribed by the regulations, and
(c) if required by the regulations to be advertised–be advertised in accordance with the regulations, and
(d) comply with such other requirements as may be approved by the Authority or prescribed by the regulations.

(3) In determining an application for an authorisation, the Authority has the same powers in relation to the application as the Authority has in relation to an application for a licence. The Authority may determine the application whether or not the Director-General has provided a report in relation to the application.

(4) If, before an application for an authorisation is determined by the Authority, a change occurs in the information provided in, or in connection with, the application (including information provided under this subsection), the applicant must immediately notify the Authority of the particulars of the change. Maximum penalty: 20 penalty units.

(5) Any person may, subject to and in accordance with the regulations, make a submission to the Authority in relation to an application for an authorisation.

(6) If any such submission is made to the Authority, the Authority is to take the submission into consideration before deciding whether or not to grant the authorisation.

(7) The regulations may prescribe, or provide for the determination of, a fee in respect of the granting of an authorisation. If any such fee is prescribed or determined, the authorisation does not take effect unless the fee has been paid.

(8) The Authority may, in granting an authorisation, specify requirements that are to be complied with before the authorisation takes effect. The authorisation does not take effect until such time as any such requirements have been complied with.

(9) An authorisation:
(a) is subject to such conditions:
(i) as are imposed by the Authority (whether at the time the authorisation is granted or at a later time), or
(ii) as are imposed by or under this Act or as are prescribed by the regulations, and
(b) may be varied or revoked by the Authority on the Authority’s own initiative or on application by the licensee, the Director-General or the Commissioner of Police.

(10) Any such application by a licensee to vary or revoke an authorisation (including any conditions to which the authorisation is subject that have been imposed by the Authority) must be accompanied by the fee prescribed by the regulations.

(11) For the purposes of this Act, any condition to which an authorisation is subject is taken to be a condition of the licence to which the authorisation relates.

(12) An authorisation has effect only while all the conditions to which it is subject are being complied with.

(13) The Authority must not impose a condition on an authorisation, or revoke or vary an authorisation, other than a variation made on application by a licensee, unless the Authority has:
(a) given the licensee to whom the authorisation relates a reasonable opportunity to make submissions in relation to the proposed decision, and
(b) taken any such submissions into consideration before making the decision.

(14) This section does not authorise the revocation or variation of a condition to which an authorisation is subject if the condition is imposed by this Act or is prescribed by the regulations.