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Liquor and Accommodation Act 1990 (No. 44 of 1990)
Requested: 22 May 2013
Consolidated as at: Sessional

Division 1 - Administrative structure

206. Licensing Board

(1) There is established a Licensing Board.

(2) The Board consists of –

(a) a presiding member; and
(b) 2 other members –

appointed by the Governor.

(3) One member of the Board shall be a legal practitioner.

(4) The Governor may appoint a deputy of a member of the Board.

(5) The deputy of the member referred to in subsection (3) shall be a legal practitioner.

(6) If a member is absent from a meeting of the Board the member's deputy may attend, and, when doing so, is to be taken to be a member.

(7) When the deputy of the presiding member attends a meeting of the Board the deputy is to be taken to be the presiding member.

(8) A member or deputy member holds office for the term set out in his or her instrument of appointment.

(9) A member or deputy member may resign at any time by giving written notice of resignation to the Minister.

(10) It is a term of the appointment of a member or deputy member that the Governor may terminate the appointment at any time for inability, inefficiency, misbehaviour or physical or mental incapacity.

(11) The quorum for a meeting of the Board is 2.

(12) A member or deputy member is to be paid a remuneration and allowances determined by the Governor.

(13) Except as otherwise provided in this Act, the Board may regulate its proceedings.

207. The Commissioner for Licensing

(1) There is an office of Commissioner for Licensing.

(2) A person may be appointed to the office of Commissioner by the Governor for a period of 5 years.

(3) A person appointed to be Commissioner may resign at any time by giving written notice of resignation to the Minister.

(4) A person appointed to be Commissioner is entitled –

(a) to a period of leave; and
(b) to a salary and allowances –

determined by the Governor.

(5) The Governor may remove a person from the office of Commissioner if the Governor is satisfied that the person –

(a) has been convicted of an offence (whether in Tasmania or elsewhere) of such a nature that it is in the public interest the person be removed from the office of Commissioner; or
(b) has applied to take, or has taken, advantage of the law relating to bankruptcy, or has compounded with the person's creditors; or
(c) has been guilty of misbehaviour, negligence or incompetence in the performance of the duties of the office of Commissioner; or
(d) has become incapable of performing the duties of the office of Commissioner; or
(e) has engaged in other paid employment without the Minister's consent –

but shall not otherwise remove that person from office.

(6) If a person who is an employee, within the meaning of the Tasmanian State Service Act 1984, is appointed Commissioner that person retains all existing and accruing rights as if service as Commissioner were service as such employee.

(7) A person appointed to be Commissioner shall be taken to be an employee within the meaning and for the purposes of the Retirement Benefits Act 1993.

208. Delegation by Commissioner

(1) The Commissioner may, by written instrument, delegate any of the Commissioner's powers or duties under this Act (other than this power of delegation) to another person.

(2) A delegation is revocable at will and does not prevent the exercise by the Commissioner of any power or duty so delegated.

209. Authorized officer

(1) The Commissioner may, by instrument of appointment, appoint a person to be an authorized officer for the purposes of this Act.

(2) An appointment under subsection (1) may be limited to specified provisions of this Act or as specified in the instrument of appointment.

(3) A power that may be exercised under this Act by an authorized officer may be exercised by the Commissioner.

210. Authorized officer to produce authority

An authorized officer, exercising a power under this Act, shall produce the officer's instrument of appointment if requested to do so.