Section 142 Liquor Act 2007 | Procedure for Implementing Disciplinary Action


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The Legislation

Section 142 of the Liquor Act 2007 (NSW) is concerned with Procedure for Implementing Disciplinary Action and is set out below.

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142 Procedure for implementing disciplinary action

(1) If the Authority decides to take disciplinary action against or in relation to a licensee, manager, close associate or other person under this Part, the Authority is required to serve on the licensee, manager, close associate or person a notice informing the person of the Authority’s decision.

(2) The notice must include the reasons for the Authority’s decision.

(2A) Subsection (2) does not require the Authority to disclose any criminal intelligence.

(3) Any disciplinary action under this Part takes effect when notice of the action is served on the licensee, manager, close associate or person concerned (or on such later date as may be specified in the notice).

(4) The Authority may, by serving a further notice on the licensee, manager, close associate or person concerned, cancel a notice under this section before the notice takes effect.

(5) The Authority is not prevented from taking disciplinary action under this Part merely because the licensee, manager, close associate or person concerned is subject to criminal or civil proceedings that relate to the same matters or incident to which the disciplinary action relates.

(6) If a licensee is disqualified from holding a licence under this Part, the Authority, may, on application by:
(a) the spouse or de facto partner of the licensee, or
(b) a member of the family of the licensee who is of or above the age of 18 years, or
(c) the owner of the licensed premises, or
(d) a person directly or indirectly interested in the business, or the conduct of the business, carried out on the licensed premises, transfer the licence to that spouse, de facto partner or member of the family or to some other person approved by the Authority.