Section 83 Liquor Act 2007 | Urgent Applications for Short Term Closure Orders


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The Legislation

Section 83 of the Liquor Act 2007 (NSW) is concerned with Urgent Applications for Short Term Closure Orders and is set out below.

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83 Urgent application for short-term closure order

(1) An application under section 82 may be made by telephone.

(2) An authorised officer or the Authority must not issue an order under section 82 on an application made by telephone unless the officer or the Authority (as the case requires) is satisfied that the order is required urgently and that it is not practicable for the application to be made in person.

(3) An application under this section must be made by facsimile if the facilities to do so are readily available for that purpose.

(4) An authorised officer or member of the Authority who issues an order under section 82 on an application made by telephone must:
(a) complete and sign the order, and
(b) furnish the order to the applicant or inform the applicant of the terms of the order and of the date and time when it was signed.

(5) If an order under section 82 is issued on an application made by telephone and the applicant is not furnished with the order, the applicant must:
(a) complete a form of order in the terms indicated by the authorised officer or member of the Authority under subsection (4), and
(b) write on the form the name of the authorised officer or member of the Authority and the date and time when the order was signed.

(6) A form of order so completed is taken to be an order issued under section 82.

(7) An order under section 82 issued on an application made by telephone is to be furnished by an authorised officer or the Authority by transmitting it by facsimile, if the facilities to do so are readily available, and the copy produced by that transmission is taken to be the original document.

(8) In this section:
(a) “telephone” includes radio, facsimile or other communication device, and
(b) a reference to facsimile includes a reference to any electronic communication device which transmits information in a form from which written material is capable of being reproduced with or without the aid of any other device or article.