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Liquor and Accommodation Act 1990 (No. 44 of 1990)
|Requested: 20 May 2013|
|Consolidated as at: Sessional|
Division 2 - Appeals and hearings
211. Right to appeal to Board
A person may appeal to the Board against a decision by the Commissioner in respect of the following matters:
(a) a refusal to grant a permit;
(b) the conditions subject to which a licence or permit was granted;
(c) a refusal to give any approval;
(d) the cancellation of a permit;
(e) the suspension or cancellation of a licence;
(f) any requirement specified in a notice given in accordance with section 41(1);
(g) a decision that a person is not qualified to hold a licence;
(h) the classification or reclassification of tourist accommodation;
(i) the provisions contained in a wine standard.
212. Procedure on appeal
(1) An appeal against a decision by the Commissioner shall be made, in writing, to the Board.
(2) Following receipt of an appeal, the Board shall hold a hearing to consider the appeal.
213. Hearings by Board
(1) If the Board is required to hold a hearing under this Act it shall fix a date, time and place for the hearing and shall inform the Commissioner and other interested parties to the hearing accordingly.
(2) At a hearing the Board
(a) shall decide the procedure to be followed; and
(b) shall give the applicant or appellant, as the case may be, the opportunity to be heard; and
(c) may receive evidence orally or in writing; and
(d) may take evidence on oath or affirmation; and
(e) is not bound by rules of evidence but may inform itself in such manner as it thinks most appropriate; and
(f) shall observe the rules of natural justice in so far as they are applicable.
(3) For the purpose of subsection (2)(d) the person presiding at the hearing may administer an oath or affirmation.
(4) A hearing may, at the Board's discretion, be conducted in public or in private.
(5) The Board may, by notice signed by the presiding member, require a person
(a) to attend a hearing to give evidence; and
(b) to produce at a hearing a document or anything else specified in the notice.
(6) A person is not entitled to be represented at a hearing unless the Board is satisfied that injustice could otherwise result.
214. Decision of Board after hearing
(1) After a hearing the Board shall
(a) in the case of a hearing relating to an application for a licence direct the Commissioner
(i) to grant the licence; or
(ii) to refuse the application; and
(b) in the case of an application by the Commissioner for approval to cancel or suspend a licence
(i) direct the Commissioner to cancel the licence or suspend the licence for such period as the Board determines; or
(ii) refuse the application; and
(c) in the case of an appeal against any other decision of the Commissioner
(i) confirm the Commissioner's decision; or
(ii) revoke the Commissioner's decision; or
(iii) direct the Commissioner to take such action as the Board considers to be appropriate in the circumstances.
(2) The Commissioner shall comply with a direction of the Board.
215. Powers of Supreme Court
(1) The Board
state a case for the opinion of the Supreme Court on any question of law arising on an application or appeal under this Act.
(a) may at any time; and
(b) shall, if ordered to do so by a judge in chambers following an application made in a summary way by an applicant or appellant at a hearing of the Board
(2) The Supreme Court shall
(a) hear and determine a question of law referred to it; and
(b) remit its decision to the Board.
(3) The Board is bound by a decision given in accordance with subsection (2)(b).
(4) The Supreme Court may make such order as to cost of any case referred to it as it considers appropriate.
(5) An application shall not be made to a judge under subsection (1)(b) except by a person who has already asked the Board to state a case on a question.
(6) Except as provided by this section, a decision by the Board is final and without appeal.
216. Policy to be followed when considering an application for a licence or permit
(1) When considering an application for a licence or permit the Commissioner or the Board shall make a decision which, in the opinion of the Commissioner or the Board, will best aid and promote the economic and social growth of Tasmania by encouraging and facilitating the orderly development of the hospitality industry in the State.
(2) While, in coming to that decision, the Commissioner or the Board may have regard to any legitimate interests and concerns of any section of the community the Commissioner or the Board shall have greater regard for the legitimate interests and concerns of the community as a whole.
217. Witnesses to appear at hearing, &c.
(1) A person who has been served with a notice to appear at a hearing of the Board shall
(a) attend in accordance with the notice; or
(b) produce a document or any other thing specified in the notice.
Fine not exceeding 5 penalty units.
(2) A person called as a witness at a hearing before the Board shall not
(a) refuse to be sworn or to affirm; or
(b) refuse to answer any question the person would be required to answer in a court; or
(c) answer any question incorrectly.
Fine not exceeding 5 penalty units.