Constitution of the Liquor Commission

In accordance with section 9A of the Liquor Control Act 1988:

  • Except as otherwise stated in the Liquor Control Act 1988, or determined by the chairperson under subsection 9A (2), the Commission is to be constituted by one member.
  • The chairperson may determine that, in respect of any particular matter or any matter of a particular kind, the Commission is to be constituted by three (3) members.
  • If the Commission is constituted by three (3) members and they are divided on a question, the question is decided according to the opinion of the majority of them.

The Commission is constituted by 3 members whilst determining the followingmatters:-

Section 24

  • Matters that can be referred by the Director to the Commission constituted by 3 members if:-
    1. the matter or part of a matter relates to an application for the grant or removal of a licence;
    2. the matter or part of a matter relates to the making, variation or revocation of a prohibition order under Part 5A of the Act (any decision under Part 5A of the Act needs to be made in the "public interest"); or
    3. the chairperson so determines - subsection 9A (2).

Section 25

  • Application for review of the Director's decision when:-
    1. the decision relates to an application for the grant or removal of a licence;
    2. the decision is to make, vary or revoke a prohibition order
    3. the chairperson so determines.

Section 28 (4a)

  • Appeal the decision of 1 Commission member to the Commission with a panel of 3 members:-
    1. No appeal lies against a decision of the Commission constituted by one member if the decision was made on a review under Section 25 of a decision of the Director.
    2. No appeal lies against a decision of the Commission constituted by 3 members if the decision was made solely or partly on the basis of confidential police information.
    3. No further appeal can be made once a decision by the panel of 3 is made unless it is on a question of law to the Supreme Court by a single judge in accordance with the rules of the Supreme Court.

Section 95

  • Complaint lodged for disciplinary action.
    • One member is to be a legal practitioner.

Last Updated: 25/02/2015 13:53:12 PM