Section 138 Liquor Act 2007 | Power to Investigate Complaints


Print
The Legislation

Section 138 of the Liquor Act 2007 (NSW) is concerned with Power to Investigate Complaints and is set out below.

For accurate advice and exceptional representation from lawyers who are experienced in representing liquor licence holders, applicants and defendants call Sydney Criminal Lawyers today on (02) 9261 8881.

138 Director-General may carry out inquiries and investigations in relation to proposed complaint

(1) The Director-General may carry out such investigations and inquiries as the Director-General considers necessary in order to ascertain whether a complaint should be made under this Part in relation to:
(a) a licensee, or
(b) a manager, or
(c) a close associate of a licensee.

(2) The Commissioner of Police may inquire into, and report to the Director-General on, such matters as the Director-General may request concerning the licensee, manager or close associate to whom the complaint, if made, would relate.

(3) The Director-General may, by notice in writing, require a licensee, manager or close associate who is the subject of an investigation under this section to do one or more of the following things:
(a) provide, in accordance with directions in the notice, such information verified by statutory declaration as, in the opinion of the Director-General, is relevant to the investigation and is specified in the notice,
(b) produce, in accordance with directions in the notice, such records as, in the opinion of the Director-General, are relevant to the investigation and permit examination of the records, the taking of extracts from them and the making of copies of them,
(c) authorise a person described in the notice to comply with a requirement of the kind referred to in paragraph (a) or (b),
(d) furnish to the Director-General such authorisations and consents as the Director-General requires for the purpose of enabling the Director-General to obtain information (including financial and other confidential information) from other persons concerning the person under investigation and the person’s associates.

(4) A person who complies with a requirement of a notice under subsection (3) does not on that account incur a liability to another person.

(5) A person must not fail to comply with a requirement of the Director-General contained in a notice under subsection (3). Maximum penalty: 20 penalty units.