Section 144D of the Liquor Act 2007 (NSW) is concerned with Incurring Strikes and is set out below.
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The Legislation
144D Incurring strikes
(1) A first strike is incurred in respect of a licence if no other strike is in force in respect of the licence and a relevant person in relation to the licence commits a prescribed offence.
(2) A second strike is incurred in respect of a licence if:
(a) a relevant person in relation to the licence commits a prescribed offence, and
(b) one strike was in force in respect of the licence when the offence was committed, and
(c) the Director-General decides that a second strike should be incurred because of the seriousness of any harm that may have resulted from, or been associated with, the commission of the offence.
(3) A third strike is incurred in respect of a licence if:
(a) a relevant person in relation to the licence commits a prescribed offence, and
(b) 2 strikes were in force in respect of the licence when the offence was committed, and
(c) the Authority decides that a third strike should be incurred taking the following into account:
(i) the seriousness of any harm that may have resulted from, or been associated with, the commission of the offence,
(ii) any other matter that may be prescribed by the regulations.
(4) A strike comes into force on the day on which the offence that caused the strike was committed.
(5) A strike expires on the day occurring 3 years after the day on which it comes into force.
(6) The expiration of a strike does not affect the continued operation of remedial action taken under this Division in respect of the strike.
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