Review of Commission’s decisions
Section 31 of the Liquor Act 2019 (the Act) provides for any decision of the Liquor Commission (Commission) that requires a decision notice under the Act to be reviewable by the Northern Territory Civil and Administrative Tribunal (NTCAT).
A reviewable decision includes:
- a decision to issue a licence or authority under section 60 of the Act;
- a decision on refusal of transfer of licence under 73(1)(b) of the Act;
- a decision on material alteration of licensed premises under section 97(2) of the Act;
- a decision on variation of conditions of licence under section 112(1) of the Act;
- a decision on variation of conditions of a licence or an authority by the Commission under section 113(4) of the Act;
- a decision to impose a condition on the licensees licence or authority in relation to minimum pricing under section 124(2) of the Act;
- a decision on whether to take disciplinary action against a licensee under 166(5)(b) of the Act;
- a decision on whether to declare a general restricted area under section 177(1) of the Act;
- a decision to suspend licence if licensed premises are declared drug premises under section 261 of the Act
- a decision on a review of a decision of the Director of Liquor Licensing under section 32 of the Liquor Commission Act 2018.
The following persons may apply to NTCAT for a review of the decision:
- in all cases – the Director;
- in the case of a decision regarding a licensee or a licensee's licence, authority or licensed premises – the licensee;
- in the case of a decision regarding an application – the applicant;
- in the case of a submission, complaint or objection that was the subject of a decision – the person who made the submission, complaint or objection;
- in the case of a decision of the Commission under Part 4 of the Liquor Commission Act 2018 (review of Director’s decision) – an affected person.
For the purposes of an NTCAT review, the Liquor Commission Act 2018 and the Liquor Act 2019 are relevant.
For more information on making an application to NTCAT go to the NTCAT website.
Last updated: 19 May 2020
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