Section 138 Liquor Act 2007 | Power to Investigate Complaints


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

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The Legislation

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.

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