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Warning

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©State of Queensland

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QUEENSLAND

LIQUOR ACT 1912-1979

REGULATIONS

and an

INDEX

(CompUed to 1 May 1981)

Prepared by the dlredion of

The Honourable S. S. DOUMANY, B.Sc.Agr., M.A.I.A.S., M.L.A., MJnl6ter for JWJCice and Attomey·General

852.23-BJ AuthorltJ: s. R. Hampsou, GoYerumeut Printer, Queeuslaud-1981

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PREFATORY NOTE

In the compilation of this Consolidated Reprint of the Liquor Act 1912-1970, section 36 of The Liquor Acts Amendment Act of 1935, has been observed.

That section provides:-

36. Reprinting Act. In all copies of The Liquor Acts, 1912 to 1932, ~s amended by this Act, hereafter printed by the Government Printer, the sections, subsections, and lettered para- graphs thereof shall be renumbered and relettered so as to be in consecutive numerical or alphabetical order, as the case may require, throughout, and all specific references to any section, subsection, or other provision by its number or alphabetical letter in any enactment contained in this Act or in any other Act shall be amended by the substitution of the proper number or letter of the reprinted Act.

For a table of sections affected by section 36 see p. 623 of Volume 5 of 1936 Reprint of Queensland Statutes.

Parliamentary Counsel's Office, Brisbane, 31 January, 1980

L. J. MURRAY.

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LIQUOR ACT 1912-1979

Liquor Act of 1912, 3 Geo. 5 No. 29 As amended by

Liquor Act Amendment Act of 1914, 5 Geo. 5 No. 21 Liquor Act Amendment Act of 1920, 10 Geo. 5 No. 16 Liquor Act Amendment Act of 1920, No.2, 11 Geo. 5 No.2 Anzac Day Act of 1921, 12 Geo. 5 No. 13, s. 2 (3)

Liquor Acts Amendment Act of 1923, 14 Geo. 5 No. 11 Liquor Acts Amendment Act of 1926, 17 Geo. 5 No.3 Liquor Acts Amendment Act of 1932, 23 Geo. 5 No. 2 Liquor Acts Amendment Act of 1935, 26 Geo. 5 No. 20 Liquor Acts Amendment Act of 1941, 5 Geo. 6 No. 25 Liquor Acts Amendment Act of 1945, 9 Geo. 6 No. 20 Liquor Acts All'endment Act of 1947, 11 Geo. 6 No. 33 Liquor Acts Amendment Act of 1948, 12 Geo. 6 No. 42 Liquor Acts Amendment Act of 1952, 1 Eliz. 2 No. 35 Liquor Acts Amendment Act of 1954, 3 Eliz. 2 No. 55

Commenced 14 March 1955 (Proc. pubd. Gaz. 11 March 1955, p. 921) Liquor Acts Amendment Act of 1958, 7 Eliz. 2 No. 11

Liquor Acts Amendment Ad of 1959, 8 Eliz. 2 No. 24 Liquor Acts Amendment Act of 1961, 10 Eliz. 2 No. 28 Liquor Acts Amendment Act of 1965, No. 9

Liquor Acts Amendment Act 1969, No. 23 Liquor Act Amendment Act 1970, No. 3 Liquor Act Amendment Act 1972, No. 26

Mehic Conversion Act 1972, No. 31, Part ll, First Sch.

Part II and First Schedule in relation to this Act commenced 11 March 1974 (Proc. pubd. Gaz. 9 March 1974, p. 979) Liquor Act Amendment Act 1973, No. 81

Commenced 18 February 1974 (Proc. pubd. Gaz. 16 February 1974, p. 609)

Limitation of Actions Act 197 4, No. 7 5

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2 s.l

Liquor Act Amendment Act 1975, No. 56

Liquor Act Amendment Act 1975 (No.2), No. 79 Liquor Act Amendment Act 1976, No. 67

Liquor Act Amendment Act 1978, No. 29

Wine Industry Act and Another Act Amendment Act 1978, No. 63, Part III

Commenced 15 March 1979 (Proc. pubd. Gaz. 17 March 1979, p. 1005)

Liquor Act Amendment and Liquor License Fees Adjustment Act 1979, No. 40, Part III

Part III (other than ss. 16, 17 (a) (i) and (ii), 17 (b), 18 (a), 19, 23 (a), 56, 57, 58, 59, 60 and 61) commenced 1 November 1979 (Proc. pubd. Gaz. 29 September 1979.

p. 497)

ss. 16, 17 (a) (i) and (ii), 17 (b), 18 ('a), 19, 23 (a), 56, 57, 58, 59, 60 and 61 not yet proclaimed into force.

An Act to Consolidate and Amend the Laws relating to the Sale of Intoxicating Liquor, and for other purposes connected therewith.

[Assented to 12 December, 1912]

BE IT ENACTED by the King's Most Excellent Majesty, by and with the :advice and consent of the Legislative 9ouncil and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:-

PART I-PRELIMINARY

1. Parts of Act. This Act is divided into Parts, as follows:- PART I-PRELIMINARY (ss. 1-5);

PART lA-LICENSING COURT (ss. 5A-5N);

PART II-LICENSING COMMISSION AND ADMINISTRATION (ss.

6-14c);

PART III-LICENSES (ss. 15-49A);

PART IV-OBLIGATIONS, DUTIES, AND LIABILITIES OF LICENSEES (ss. 50-107);

PART V-0BLIGATIONS, DUTIES, AND LIABILITIES OF LICENSED SPIRIT MERCHANTS (ss. 108-113);

PART VI-LICENSED CLUBS (ss. 114-125F);

PART VIA-RESTAURANT LICENSES (ss. 125AA-125AQ);

PART VIB-RESORT LICENSES (ss. 125BA-125BD);

PART VIc-THEATRE LICENSES (ss. 125CA-125CG);

PART VID-AIRPORT LICENSES (ss. 125DA-125DG);

PART VIE-CABARET LICENSES (ss. 125EA-125EK);

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LIQUOR Acr 1912-1979 ss.2,3 PART VIP-LIMITED HOTEL LICENSES (ss. 125FA-125FH);

PART VIa-FUNCTION ROOM LICENSES (ss. 125GA-125GF);

PART VIR-TAVERN LICENSES (ss. 125HA-125HI);

PART VIJ-BISTRO LICENSES (ss. 125JA-125JP);

PART VlK-CATERERS' LICENSES (ss. 125KA-125KI);

PART VlL-TOURIST PARK LICENSES (ss. 125LA-125LJ);

3

PART VII--SALE OF LIQUOR BY UNLICENSED PERSONS (ss.

126-134);

PART VIII---:-MAXIMUM PRICES FOR LIQUOR (ss. 134A-134I);

PART IX-GENERAL PROVISIONS (ss. 152-171);

SCHEDULES.

Substituted by Act of 1973, No. 81, s. 2; as amended by Act of 1979, No.

40, s. 8.

2. Short title and commencement. 49 Vic. No. 18, s. 2. This Act may be cited as The 'Liquor Act of 1912, and, save as hereinafter expressly provided, shall commence and take effect on and from the first day of April, one thousand nine hundred and thirteen.

Collective title conferred by Act of 1979, No. 40, s. 7 (2).

3. Acts repealed. Sch. I. 49. Vic. No. 18, s. 3. N.Z. 1908, No. 104, s. 71. Savings. The Acts mentioned in the First Schedule to this Act are repealed to the extent therein stated:

Provided that, save as herein otherwise provided:-

(i) Such repeal shall not prejudice or affect any proclamation, office, appointment, certificate, license, registration, or permission lawfully made, constituted, or granted, or any act done, or right acquired, or any liability, obligation, penalty,

· forfeiture, or punishment incurred, under or in respect of any of the repealed Acts;

(ii) Proceedings· begun before the commencement of this Act may be continued, and all offences committed before the commencement of this Act shall be punishable, as if this Act had not been passed;

(iii) All licenses held at the commencement of this Act, and all persons then holding a license, and all premises then licensed shall be under and subject to this Act:

Provided that every refreshment-room at any railway station which at the commencement of this Act is held under lease from the Commissioner for Railways, and in respect of which the said Commissioner has granted a subsisting license under section one hundred and thirty-four of The Licensing Act of 1885, shall for all purposes IJ."emain subject to The Liquor Acts, 1885 to 1904, and to that extent the said Acts shall remain in force until the expiration or other determination of every such lease:

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4 s.4

Upon the expiration or other determination of such lease of a refreshment-room, the provisions of this Act relating to railway refreshment-rooms shall apply to such refreshment- room;

(iv) Every club and every spirit merchant registered under any repealed Act shall be deemed to be registered under this Act, until the thirtieth day of June, one thousand nine hundred and thirteen, unless such registration is sooner cancelled or forfeited under this Act:

But every such club and every such spirit merchant shall apply for a new certificate at the annual sittings of the licensing court to be held in that year;

( v) Any city, town, or other place heretofore proclaimed by the Governor in Council as a city, town, or place at which liquor may be disposed of by wholesale shall be deemed to have been appointed under this Act as a place at which liquor may be disposed of by wholesa.le until the proclamation has been revoked or rescinded.

4. Interpretation. 49 Vic. No. 18, s. 4. 50 Vic. No. 30, ss. 4, 19.

59 Vic. No. 29, s. 2. 4 Edw. 7 No. 10, s. 2. In this Act, unless the context otherwise indicates, the following terms have the meanings respectively assigned to them, that is to say,-

"Bar"-A room or place in or on licensed premises set apart and used solely or principally for the sale of liquor to customers, stocked with liquor of various kinds, furnished with a counter or counters across which liquor is supplied direct to customers, and wherein or whereon customers may consume then and there the liquor with which they are so supplied: The term does not include a room or place in or on licensed premises set aside and used solely as a servery from which liquor is supplied direct to, or carried by the licensee, his servants or agents to, customers who consume that liquor away from that servery in-

( a) A beer garden;

(b) A lounge;

(c) A dining room; or

(d) Some other part of the licensed premises which is not such a servery or a bar within the meaning of this definition;

"Beer garden"-The part or parts of the licensed premises of a licensed victualler or a licensed club which have been declared pursuant to section 60A of this Act to be a beer garden and in respect of which the declaration remains in force;

"Brewer"-Any maker, for purposes of sale, of beer, ale, porter, or stout, or any other fermented liquor brewed wholly or in part from malt: the terin "registered brewer" means a brewer

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LIQUOR ACT 1912-1979 s.4 5

whose brewery is registered under any law in force in Queens- land relating to the registration of brewers or breweries or a person licensed to make beer pursuant to The Beer Excise Act 1901-1928 of the Commonwealth of Australia {or any Act of the Commonwealth in amendment of or substitution for such Act) ;

"Carried"-Includes moving from one place to another by any means whatever by land, sea, or air, and any liquor shall be deemed to be carried during the period from the time preparations are made for its movement until its delivery at a final destination and whether or not the thing in question is in actual motion at the material time, and the term "carry"

and derivatives thereof shall have a correspondingly inclusive meaning;

"Clerk of the court"-The person who is for the time being the clerk of the court at the principal place for holding Magistrates Courts in a district;

"Commission" or "Licensing Commission"-The Licensing Com- mission appointed and constituted under this Act;

"Court"-In relation to any matter or thing to be done within the area comprised at the material time in the metropolitan Magistrates Court district appointed under The Decentraliza- tion of Magistrates Courts Acts 1965 to 1968, the Commission (save where the matter or thing concerns the hearing and determination of a charge of an offence against any provision of this Act) and otherwise (including the case of the aforesaid exception) a Magistrates Court for the district in which the authority conferred on the court is to be exercised or in which the matter to be heard or determined arises, which court shall be constituted by a stipendiary magistrate or acting stipendiary magistrate sitting alone, and which court may be held at any place appointed for the holding of Magistrates Courts in such district:

Provided that where there is no stipendiary magistrate or acting stipendiary magistrate available to constitute a court the same may be constituted by such justice or justices as the Governor in Council by Order in Council appoints, and either generally or in any particular case;

"Distiller"-A distiller of spirits: The term "registered distiller"

means a distiller licensed under the Distillation Act 1901- 1950 of the Commonwealth (or any Commonwealth Act in amendment of or substitution for such Act) to distil spirits;

"District" -A Magistrates Courts district constituted by The Justices Acts, 1886 to 1932;

"Executive Officer"-The person who at the material time holds the appointment Executive Officer of the Commission and includes any person who at the material time is performing the duties of the Executive Officer;

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6 LIQUOR ACT 1912-1979

"Elections Acts"-The laws in force for the time being relating to the election of members of the Legislative Assembly;

"Elector"-A person qualified to vote at a Parliamentary election for the return of a member to the Legislative Assembly for an electoral district;

"Electoral District or Electoral Division" -An electoral district or electoral division respectively constituted under the Elections Acts;

"Guest" -Used with reference to a lodger in the premises of a licensed victualler or in residential accommodation provided by a licensed club, means a person-

( a) who, in the company of such a lodger on the day in

· question, partakes of the regular meal . provided in the premises of such licensed victualler or, as the ·case may be, licensed club at a time not earlier than half-past five o'clock

in the afternoon; and· ·

. (b) who is, thereafter, in ·the company of such lodger;

"lnspector"-A person appointed as, or deemed to be,

an

inspector under this Act;

"License"-A license (including, in appropriate cases, every renewal thereof) of any description or kind, whether granted under this Act, or any Act repealed by this Act, in force at . any material time: Every endorsement upon or . attaching to any license shall be regarded as forming part of that license;

"Licensed premises"-The premises in respect of which a license is granted;

"Licensed victualler"___,.The lawful holder at any material time of

a

licensed victualler's license; where necessary the term includes the person lawfully permitted to carry on the business of the ·licensed victualler;

"Licensee" or "holder"-In relation to a license, the lawful holder at any material time of that license, and, in relation to licensed premises, the person who in relation to the license in respect of those premises is the licensee; where necessary the term includes the person lawfully permitted to carry on the business of the holder;

"Licensing Court"-The Licensing Court of Queensland constituted under section 5A;

"Liquor"-Wines, spir,its, beer, ale, porter, stout, cider, perry, or any other spirituous or fermented fluid whatever of an intoxicating nature;

"Lodger"-in relation to licensed premises, a person-

(a) To whom has been allotted in the premises a room (the number or description whereof appears in the register of lodgers w1th respect to the lodger and the day in question);

(b) Whose true name and address appears in the register of lodgers (with respectto the day in question); and

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UQUOR ACT 1912-1979 s.4 7 (c) Who is a bona fide resident in the premises;

"Magistrates Court"-A Magistrates Court constituted under the Justices Act 1886-1973, or deemed so to have been;

"Minister"-The Minister for Justice or other Minister of the Crown charged for the time being with the administration of

this Act;

"Owner"-used with respect to licensed premises-The registered proprietor or other person for the time being entitled to receive the rent of such premises, and whose name is registered in the register of licenses as an owner of such premises; or, if ·he is absent from Queensland, the attorney or agent of such person: the term includes a mortgagee, or

·incunibrancee, or other person having an estate or interest either

m

the freehold, leasehold, or by way of registered mortgage of rthe lease, license, goodwill, or effects of licensed

premises whose name is so registered;

"Package''-Any vessel, tin, bottle, box, carton, utensil, bag, or other article or thing whatsoever in which liquor or. a liquor container may be enclosed, kept, wrapped, packed, consigned, sent, or carried;

"Part"-Part of this Act, mcluding, where necessary, Orders in Council, regulations and niles, if any, made under this Act for 'the purposes of the Part in question; .

"Person;'-:-lncludes a bOdy corpo:r:ate;

"Police Officer"-Any officer or member of the Police Force;

"Premises" includes house or place, and the curtilage thereof, and extends to every room, billiard-room, closet, sanitary convenience, cellar, yard, stable, outhouse, shed, or any other place whatsoever of belonging or in any manner appertaining to such house or place: where necessary, the term includes a vessel;

"Prescribed"-Prescribed by this Act or by any Proclamation, Order in Council, regulation, or notification made thereunder;

"Public bar"-Any bar which is not-

( a) a bar of the type or class commonly known as a "Private bar," "Saloon bar," or by any other name of similar import;

or

·(b) ·a bar, howsoever called, at or in respect of which there is any restriction, limitation or special provision, whether as to the price of liquor sold or as to the persons admitted ,thereto, or otherwise howsoever not applicable in relation

to all bars in the licensed premises;

"Public place"-lncludes every road, and also every place of public resort open to or used by the public as of right: the term also includes any vessel, vehicle, aircraft, . shop, room, office, house, outhouse, yard, licensed premises, field, ground,

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park, reserve, garden, wharf, pier, jetty, platform, market, passage, or other building, premises, or place for the time being used for a public purpose or for the time being open to access by the public, whether on payment or otherwise, or for the time being open to access by the public by the express or tacit consent or sufferance of the owner or occupier, and whether the same is or is not at all times so open;

"Register of Licenses"-The register of licenses prescribed by this Act to be kept;

"Registrar"-The person who at the material time holds the appointment Registrar of the Licensing Court and includes any person who at the material time is performing the duties of the Registrar;

"Regulations"-Regulations made under this Act;

"Seafarer"-An officer or member of the crew of an ocean-going vessel of not less than 100 tonnes gross registered tonnage;

"This Act"-This Act and all Orders in Council and regulations made thereunder;

"Tourist area"-Any area which, upon the recommendation of the Minister in charge of tourist services, the Governor in Council, by Order in Council published in the Gazette, declares to be a tourist area (the Governor in Council being hereby authorised to so declare any area at any time);

"Vehicle"-Car, tramcar, railway carriage, or other railway vehicle, carriage, dray, wagon, cart, truck, hand-cart, barrow, bicycle, tricycle, motor cycle, motor car, motor vehicle, aircraft, and any other vehicle of any kind whatsoever;

"Year"-The period of time commencing on ·the first day of July in a year and ending on the thirtieth day of June in the

succeeding year.

For the purposes of this Act-

( a) one dozen containers, each containing not less than 740 millilitres, or two dozen containers, each containing not less than 370 millilitres, shall be deemed to contain a total quantity of 9 litres;

(b) six containers, each containing not less than 740 millilitres, or one dozen containers, each containing not less than 370 millilitres, shall be deemed to contain a total quantity of 4·5 Iitres.

As amended by Act of 1914, 5 Geo. 5 No. 21, s. 2; Act of 1926, 17 Geo. 5 No. 3, s. 2; Act of 1935, 26 Geo. 5 No. 20, s. 3; Act of 1941, 5 Geo. 6 No. 25, s. 2; Act of 1945, 9 Geo. 6 No. 20, s. 2; Act of 1954, 3 Eliz. 2 No. 55, s. 3;

Act of 1958, 7 Eliz. 2 No. 11, s. 3; Act of 1961, 10 Eliz. 2 No. 28, ss. 3, 64 (1);

Act of 1965, No. 9, s. 3; Act of 1970, No. 3, s. 2; Act of 1973, No. 81, s. 3.

Amendments made by Act of 1961, s. 64 (1), came into operation on 1 July 1963.

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LIQUOR AICT 1912-1979 s. 5 9 EXCEPTIONS

5. Exempted persons generally. 49 Vic. No. 18, s. 60. 50 Vic.

No. 30, s. 22. 59 Vic. No. 29, s. 3. Unless expressly herein otherwise declared, nothing in this Act shall apply to any person who-

(a) Sells any spirituous or distilled perfume bona fide as perfumery; or

(b) (Repealed);

(c) Sells liquor in a refreshment-room at the Houses of Parliament by the permission or under the control of Parliament; or (d) Sells liquor in any military canteen lawfully established; or (e) Being an apothecary, chemist, or druggist, administers or sells any spirits or wine as medicine or for medicinal or chemical purposes; or

(f) (Repealed);

(g) Being a registered brewer, sells beer from a registered brewery in quantities of not less than 9 litres and delivered in quantities of not less than 9 litres at one time; or

(h) Being a licensed auctioneer, sells, by auction-

Liquor in quantities of not less than 9 litres at one time on behalf of some person who is himself authorised by or under this Act to sell the same liquor; or

By order of a trustee in bankruptcy of a bankrupt's estate or of a person holding property in trust under any composition or scheme of arrangement under Division 5 of Part IV, or composition, scheme of arrangement, or assignment under Part XI, or deed of arrangement under Part XII respectively of the Bankruptcy Act 1924-1950 of the Commonwealth (including any enactment of the Commonwealth in amendment of or in substitution for any of those provisions), liquor the property of the estate of that bankrupt or being property held in trust as aforesaid by the person ordering the sale by auction thereof; or

By order of the executor, administrator, or trustee of the estate of a deceased person, liquor the property of the estate of that deceased person; or

By order of the Public Curator of Queensland, liquor the property of an estate in course of administration by the said Curator; or

(i) Is the holder of a certificate of registration under the Wine Industry Act 1974-1978.

Moreover, unless expressly herein otherwise declared, nothing in this Act shall apply-

(i) To the sale, during any actual flight of an aircraft, of liquor to any passenger in such aircraft where the sale is made by or on behalf of the owner of such aircraft and the liquor is sold for the purpose of being drunk or consumed on such flight; or

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(ii) To the carrying about in an aircraft of liquor for sale in accordance with the provisions of subparagraph (i) of this paragraph; or

(iii) To cases where, at the meetings of any association, society, or club bona fide formed for and engaged in legitimately holding or carrying out literary or musical entertainments, or friendly society, charitable, or lodge purposes, or outdoor games and exercises, or agricultural or pastoral shows, the refreshments supplied to members and their guests at the expense of the association, society, or club, include liquor; or (iv) To the sale of liquor in a canteen at any industrial under-

taking or works where the sale of that liquor in that canteen is made by or on behalf of a person permitted in writing by the Licensing Court to sell that liquor at that canteen and otherwise in compliance in every respect with the provisions, conditions, and restrictions of that permit as to the drinking or consumption in that canteen of that liquor; or

(v) To the sale of liquor in a canteen designated as a seafarers' canteen. where the sale of that liquor in that canteen is made by or on behalf of a person permitted in writing by the Licensing Court to sell that liquor at that canteen and otherwise in compliance in every respect with the provisions, conditions, and restrictions of that permit as to the drinking or consumption in that canteen of that liquor; or

(vi) To the sale or disposal of liquor on the premises of a college or institution that provides instruction and training in the preparation and service of meals and liquor where-

(A) the sale or disposal of liquor on the premises in question is approved by the Governor in Council on the recommendation of the Commission, he being hereby thereunto authorized; and

(B) the liquor is sold or disposed of for consumption with meals prepared in the course of instruction and training as aforesaid and is consumed with such meals in a part of the premises set apart for the provision of such instruction and training.

The Licensing Court may from time to time grant permits for the purposes of subparagraphs (iv) and (v) of the second paragraph of this section, and, in every case may grant the perlDlt to such person and for such period of time as it thinks fit, and every such permit shall be granted subject to such provisions, conditions, and restrictions as may be prescribed and, in so far as not prescribed, as the Licensing Court may specify therein, and the Licensing Court may at any time and without assigning any reason, revoke any such permit:

Provided that, but w1thout prejudice to the validity of, and enforce- ment of this Act upon, that revocation, notice in writing of the intention to revoke such a permit shall wherever possible be served on the permittee.

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LIQUOR ACT 1912-1979 s.SA 11

Before granting a permit for the purposes of subparagraph (iv) of the second paragraph of this section, the Licensing Court shall take into consideration the location of the industrial undertaking or works concerned relative to any licensed victualler's premises.

The Licensing Court shall not grant a permit for the purposes of subparagraph (v) of the second paragraph unless it is satisfied that-

( a) the number of persons who would be eligible to use the canteen is sufficient to warrant the granting of the permit;

(b) the canteen will be situated at a seaport and will provide such services, other than the sale and supply of liquor, and such amenities as the Licensing Court may require; and (c) the rules of the canteen or of the body or association

operating the canteen are such as will restrict admission to, and the use of the canteen to seafarers and their guests and persons employed on the licensed premises.

Subject to subparagraph (vi) of the second paragraph of this section, there may be prescribed in the regulations terms and conditions subject to which liquor may be sold or disposed of on premises of a college or institution that provides instruction and training in the preparation and service of meals and liquor.

As amended by Act of 1945, 9 Geo. 6 No. 20, s. 3; Act of 1947, 11 Geo. 6 No. 33, s. 2; Act of 1954, 3 Eliz. 2 No. 55, s. 4; Act of 1961,. 10 Eliz. 2 No. 28, s. 4; Act of 1973, No. 81, ss. 4, 6, First Sch.; Act of 1978, No. 63, s. 19; Act of

1979, No. 40, s. 9.

PART lA-LICENSING COURT

SA. Constitution of Licensing Court. (1) There is hereby constituted a court to be known as the "Licensing Court of Queensland" which shall be a court of record and shall have a seal which shall be judicially noticed.

( 2) The Governor in Council shall, from time to ·time as he thinks necessary, hy notice published in the Gazette, notify the name of a Judge or the names of Judges of District Courts who will be the Judge or Judges to constitute the Licensing Court.

If for any reason whatever the conduct of the business of the Licensing Court, in the opinion of the Governor in Council, requires that a notification pursuant to this subsection be in respect of a limited period or a particular occasion the Governor in Council may notify the name of a Judge of District Courts to constitute the Licensing Court during the period or on the occasion specified in the notice published in the Gazette.

( 3) The Licensing Court shall be constituted by the Judge notified by name pursuant to subsection (2) or where more than one Judge is so notified, either without limit of time or in respect of a limited period or particular occasion, by one of those Judges.

( 4) Any Judge of District Courts notified by name pursuant to subsection (2) may constitute the Licensing Court notwithstanding that any other such Judge so notified is also constituting the court at the time.

(16)

(5) It shall be the duty of any Judge of District Courts whose name is notified as hereinbefore mentioned while his name remains so notified or, as the case may be, until the expiration of the period, or the ceasing of the occasion, for which he is so notified, to constitute the Licensing Court.

(6) The jurisdiction of a Judge of District Courts named to constitute the Licensing Court shall not be taken thereby to be limited exclusively to the Licensing Court.

Inserted by Act of 1973, No. 81, s. 5; as amended by Act of 1975, No. 79, s. 2.

Section 3 of Act of 1975, No. 75 reads as follows:-

3. Existing authority preserved. Any Judge of District Courts who, immediately . before the commencement of this Act, was charged pursuant to section 5A of the Principal Act with the duty of constituting the Licensing Court of Queensland shall continue to be so authorized and charged in accordance with that section as amended by this Act and it shall be deemed that he was notified by name to constitute that court pursuant to section 5A (2) of the Principal Act as amended by this Act.

5B. Jurisdiction. ( 1) The Licensing Court shall-

( a) hear and determine all applications and other matters which by this Act or any other Act are required or permitted to be heard and determined by the Licensing Court;

(b) make ·all such orders and give all such directions as are authorized or contemplated to be made or given by it under this Act; and

(c) have such other powers, functions and duties as are conferred or imposed upon it under this Act.

(2) Save as provided by section Sc, the jurisdiction of the Licensing Court under this Act shall be exclusive and every decision of that Court shall be final and conclusive and shall not be impeached for any informality or want of form, or be appealed against, reviewed, quashed or in any way called into question in any court.

Inserted by Aot of 1973, No. 81, s. 5.

5c. Appeal to Full Court of Supreme Com1:. ( 1) A person aggrieved by a direction, determination, order or decision of the Licensing Court (not being a direction, determination, order or decision on an appeal under section 8A from a direction, determination, order or decision of the Commission) may appeal to the Full Court of the Supreme Court in accordance with the provisions of the Rules of the Supreme Court, but subject to ·this section, on the ground that such direction, determination, order or decision is erroneous in law but on no other ground.

(2) A copy of the notice of appeal shall be given to the Registrar of the Licensing Court who shall, at the request of a person aggrieved as aforesaid, make avaHahle to such person on payment of a reasonable fee therefor true copies of the originals of the evidence given and of the transcripts of evidence and notes taken on the hearing before the Licensing Court certified by the said Registrar as such.

( 3) As soon as practicable after the receipt by the Registrar of the Licensing Court of the copy of notice of appeal, he shall cause the originals of the evidence given and transcripts of evidence and notes

(17)

UQUOR ACT 1912-1979 ss. SD-SF 13

taken on the hearing before the Licensing Court, or true copies thereof certified by the said Registrar as such, to be transmitted to the Registrar of the Supreme Court.

( 4) Where an appeal is duly instituted in respect of a determination of the Licensing Court cancelling, forfeiting or suspending a license and security required to be given has been given or a deposit required to be made has been made in respect of costs, the license in question shall be deemed not to be cancelled, forfeited or suspended, as the case 1pay be, until the date fixed by the Licensing Comt for the cancellation, forfeiture or suspension has arrived and the appeal has been heard and determined or otherwise disposed of and, in the event of a determination, only if the appeal is disallowed.

Subst¹ituted by Act of 1979, No. 40, s. 10.

So. Power to state case. ( 1) The Licensing Court may at its discretion state a special case for the opinion of the Full Court of the Supreme Court on any question of law.

(2) The Full Court of the Supreme Court shall deal with every such special case according to the practice of the Supreme Court on special cases and may make such order thereon as to the Full Court seems just.

(3) the Full Court of the Supreme Court may send any such special case back for amendment or may itself amend the same.

( 4) The Licensing Court shall give its decision in accordance with the opinion of the Full Court of the Supreme Court.

Inserted by Act of 1973, No. 81, s. 5; as amended by Act of 1979, No. 40, s. 11.

5E. Registrar of Court. The Governor in Council may appoint a person to be Registrar of the Licensing Court who shall keep minutes of proceedings and records of directions, determinations, orders and decisions of the Court and shall perform such other duties as may be prescribed by rules of court or as the Judge constituting the Licensing Court may direct.

Inserted by Act of 1973, No. 81, s. 5.

SF. Proceedings of Licensing Court. ⁽¹⁾ The Licensing Court shall conduct its proceedings as perscribed by this Act or rules of court made under this Act.

Until rules are made under this Act, or in so far as rules so made do not provide, the practice and procedure of the Licensing Court shall, as nearly as may be practicable, be regulated under and by the rules regulating the practice and procedure of the District Court in civil jurisdiction.

(2) The Licensing Court may take evidence on oath, affirmation, affidavit or declaration and unless a transcript of the evidence is taken shall take notes of the evidence.

(3) The Licensing Court or the Registrar may take and administer oaths and affirmations in or for the purposes of any matter or proceeding being heard, or to be heard, and determined by the Court. ·

(3A) In the exercise of its jurisdiction and conduct of its proceedings under this Act, the Licensing Court shall be governed in its procedure and decisions by equity, good conscience and the substantial merits of

(18)

the case, without regard to technicalities or legal forms or the practice of other courts, and shall not be bound by any rules or practice as to evidence, but may inform itself on any matter in such manner as is deemed just.

The second paragraph of subsection ( 1) applies subject to this subsection.

( 4) A party to a proceeding before the Licensing Court may appear in person or be represented by his counsel, solicitor or agent but a person, not being a barrister or solicitor of the Supreme Court duly entitled to practise as such, shall not be entitled to claim or recover, or receive directly or indirectly, a sum of money or other remuneration for appearing or acting on behalf of another person in the Licensing Court.

(5) The Commission may, and where so directed by the Licensing Court shall, appear and be heard in any proceeding before that Court by its Executive Officer or by counsel or solicitor.

(6) Subject to subsection (7), every proceeding of the Licensing Court shall be heard and determined, and any direction, determination, order or decision thereon shall be pronounced, in open court.

(7) The Licensing Court may sit in chambers and exercise ill chambers such jurisdiction as by rules of court is so exercisable.

( 8) Every application for a license made to the Licensing Court shall be referred by the Registrar to the Commission for its consideration as soon as is practicable after the expiration of the time appointed for the lodging by petition of objections to the application.

Inserted by Act of 1973, No. 81, s. 5; as amended by Act of 1979, No. 40, s. 12.

5G. Sittings. ( 1) Subject to this Act and the rules of court, the Licensing Court shall

*

at such times and such places as are, in the opinion of the Court, most convenient for the despatch of business.

(2) The Licensing Court shall cause at least fourteen days notice to be given of the time and place of sittings, either by notice sent to the parties by pre-paid post, or by notice published in the Government Gazette and in a newspaper circulating in the area of the proposed sitting.

(3) The Licensing Court may, of its own motion, adjourn any sittings, from time to time and from place to place, and may, on the application of a party, so adjourn any hearing, on such terms as to costs, as it thinks fit.

5H. Discretion of Licensing Court. ( 1) No application to the Licensing Court shall be granted as a matter of course; and upon the hearing of any application with respect to the grant or removal of a license, whether objection is taken at the hearing or not, the Court shall hear, inquire into, and determine the application and all such objections (if any) on the merits, and shall grant or refuse the application with or without conditions upon any ground or for any reason whatsoever that the Court, in the exercise of its discretion, deems sufficient.

(2) No compensation shall be payable to any person by reason of the refusal of the Licensing Court to grant any application.

(19)

UQUOR. ACT 1912-1979 s.SJ 15 (3) The Licensing Court shall have general power to waive compliance with any formalities in connexion with any application upon such terms as to adjournment, costs, or otherwise, as it thinks fit.

5J. Power to summon witnesses. (1) The Licensing Court may, by summons issued by the Court or Registrar, summon any person as a witness and require him to bring and produce in evidence all documents and writings relevant to the matters the subject of the proceeding in respect whereof the summons is issued.

(2) A person who, being required by summons to attend as a witness, fails without reasonable excuse, to appear at the time and place specified in the summons or who, being in attendance whether voluntarily or pursuant to a summons, refuses to be sworn or to make an affirmation or refuses to answer any lawful question or neglects or refuses to produce any document or writing relevant to the matters the subject of the proceeding by the Licensing Court is guilty of contempt of court.

(3) A person who wilfully interrupts proceedings of the Licensing Court, or otherwise misbehaves himself in the presence of the Court or who hinders, obstructs, threatens or assaults any officer, party or witness in attendance before, or going to or returning from, the Court is guilty of contempt of comt.

( 4) The Licensing Court may commit a person guilty of contempt of court to prison, for any period not exceeding twenty-eight days, or impose on that person a fine not exceeding $100 and, in default of payment, may order that the person be imprisoned for any period not exceeding twenty-eight days. ·

( 5) A person may be dealt with by the Licensing Court for contempt of court upon the Court's own view or upon :the evidence of a credible witness.

A person committed to prison by order of the Licensing Court or ordered to be imprisoned in default of payment of a fine imposed by that Court may be taken into custody upon the authority of the order and without further warrant.

A person guilty of contempt of court, whether or not he is dealt with under subsection ( 4) for his contempt, may, by order of the Licensing Court, be excluded from the Court.

( 6) Every person summoned to attend before the Licensing Court as a witness shall be entitled to a tender of his reasonable expenses by the party requiring his attendance.

(7) No witness in any proceeding shall be excused from answering any relevant question put to him in the course of a proceeding before the Licensing Court on the grounds that the answer thereto would or might tend to incriminate him but where the witness claims, before answering the question, that the answer might tend to incriminate him, neither the question nor the answer is admissible in evidence against him in criminal proceedings other than proceedings under subsections (2) and ( 3) or in relation to a charge of perjury in respect of the answer.

85223-2

(20)

5K. Costs. ( 1) The Licensing Court may make such order as it thinks fit as to the costs of proceedings heard and determined by it including allowances to witnesses attending for the purpose of giving evidence at the hearing.

(2) Any order by the Licensing Court as to costs may be filed in the registry of a District Court and thereupon it shall be deemed to be an order of that Court as to costs and may be enforced accordingly.

(3) The Licensing Court may order that costs as awarded shall be ascertained and fixed by the Taxing Officer of the Supreme Court at Brisbane according to the scale of costs prescribed by law for the time being in respect of proceedings in a District Court that the taxing officer deems proper to be adopted by him having regard to the nature and complexity of the proceedings in question but the fixation of costs may be reviewed on the application of any party concerned.

( 4) If the Licensing Court refuses an application for the grant or removal of a license and it appears to the Court that the application was a frivolous or vexatious proceeding or an abuse of the process of the Court, the Licensing Court may order payment of a sum to meet the reasonable costs and expenses of the person who has objected success- fully to the granting of such application, to be made to that person by the unsuccessful applicant.

( 5) If the Licensing Court grants any such application to which objection has been made and it appears to the Court that the objection was frivolous or vexatious oT an abuse of the process of the Court, it may order the person objecting to pay to the applicant such sum as the Court thinks reasonable for the costs incurred by the applicant in supporting the application.

( 6) A sum ordered to be paid by a person under subsection ( 4) or (5) shall, if not paid within thirty days from the date of the order, be recoverable as a debt due to the person in whose favour the order was made in the Magistrates Court constituted under The Magistrates Courts Acts 1921 to 1964 for the district in which the premises to which the application refers are situated or, in the case of the removal of a license, the district in which the site to which it was or is proposed to remove the license is situated.

5L. Power to rehear matter. The Licensing Court may, on application in that behalf made within seven days, or within such further time as the Court in its discretion allows, from the date of the determination by it of any matter, rehear the matter upon such terms as to costs or otherwise as it thinks fit or, in its discretion, may refuse the application with or without costs.

SM. Rules of Court. ( 1) The Governor in Council, with the concurrence of any two or more Judges of the Supreme Court of whom the Chief Justice of Queensland shall be one, by Order in Council may make all such Rules of Court as may be deemed necessary or convenient

(21)

l.JIQUOR ACT 1912-1979 s.5M 17 for regulating the procedure and practice of the Licensing Court and for the purpose of giving full effect to this Act and any other Act conferring jurisdiction, power or authority on the Court.

Without limiting the generality of the foregoing provisions of this section, Rules of Court may make provision for all or any of the following matters:-

( a) prescribing the jurisdiction, powers and authorities of the Licensing Court which may be exercised by the Judge constituting the Court in chambers and regulating the procedure and practice of the Court in chambers;

(b) the duties of, and the government and conduct of the Registrar and other officers and servants of the Licensing Court;

(c) conferring on the Registrar, either generally or in any particular case and under such circumstances and on such conditions as may be prescribed, the jurisdiction, powers and authorities wholly or in part of the Judge constituting the Licensing Court in chambers, and providing for an appeal from the Registrar in the exercise of any such jurisdiction, power or authority to the Judge constituting the Court;

(d) forms for all matters and proceedings in the Licensing Court:

Provided that a party desiring to take a step in a matter or proceeding in respect whereof the Licensing Court has jurisdiction, power or authority under this Act or any other Act may apply to the Judge constituting the Court for directions, and any step taken in accordance with the directions shall be deemed to be regular and sufficient.

(2) Every Order in Council made under this section shall- ( a) upon its publication in the Gazette be judicially noticed and

such publication shall be conclusive evidence of the matters contained therein;

(b) take effect from the date of such publication unless a later date is specified therein for its commencement, in which event it shall take effect from that later date; and

(c) be laid before the Legislative Assembly within fourteen sitting days after such publication if the Legislative Assembly is then in session, and if not, then within fourteen days after the commencement of the next session.

( 3) If the Legislative Assembly passes a resolution of which notice has been given at any time within fourteen sitting days after any Order in Council under this section has been laid before it disallowing such Order in Council or part thereof that Order in Council or part shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime or to the making of a further Order in Council under this section.

(22)

SN. Transitional. All applications, matters and proceedings commenced under the Liquor Act 1912-1972 and pending or in progress on the coming into operation of the Liquor Act Amendment Act 1973 may be continued, completed or enforced under the Act firstmentioned in this section as amended by the Act secondly mentioned as if they had been instituted or commenced under the Liquor Act 1912-1973.

PART II-LICENSING CoMMISSION AND ADMINISTRATION Headnote substituted by Act of 1935, 26 Geo. 5 No. 20, s. 4.

LICENSING COMMISSION

6. (1) Licensing Commission. For the purposes of this Act there shall be appointed and constituted a Commission to be called "The Licensing Commission" (hereinafter referred to as the "Commission").

(1A) (a) The Commission shall be a body corporate and shall have perpetual succession and a common seal and, subject to this Act, shall be capable of suing and being sued.

(b) All courts and persons acting judicially shall take judicial notice of the common seal of the Commission and, until the contrary is proved, shall presume that it was duly affixed to any document or writing on which it appea1:s.

(c) The common seal shall be kept in the custody of the Executive Officer or such other person as the Commission may determine.

(2) Members. The Commission shall consist of five members each of whom (save the ex officio member) shall be appointed by the Governor in Council by commission in His Majesty's name.

The member (other than the ex officio member) thereunto designated by the Governor in Council shall be the chairman of the Commission.

Such designation, if of a fresh appointee, may be set out in the instrument appointing him, but in that case or in the case of a member in office, the designation may be notified in the Gazette.

The Executive Officer shall be ex officio a member of the Commission.

An appointed member shall be appointed for such term as may be determined by the Governor in Council and specified in the instrument of appointment.

An appointed member shall cease to hold office as such on the expiration of the term for which he was appointed or on attaining the age of seventy years whichever first occurs.

An officer of the Public Service of Queensland may in addition to his office therein be appointed and hold office as a member of the Commission.

(23)

LIQUOR ACT 1912-1979 s. 6 19 The members (other than the ex officio member) of the Commission shall, and notwithstanding any Act or law to the contrary, receive such remuneration as may from time to time be determined by the Governor in Council.

The member of the Commission who is the Executive Officer shall, subject to any applicable industrial award, receive such salary as the Governor in Council thinks fit.

(3) Deputy for chairman. (a) The Governor in Council may designate one of the members of the Commission other than the member designated as chairman and the ex officio member to be the deputy for the chairman thereof.

Such designation, if of a fresh appointee, may be set out in the instrument appointing him, but in that case or in the case of a member in office, the designation may be notified in the Gazette.

(b) In the case of the illness, inability, or absence of the chairman, or of any vacancy in that office, the member designated to be the deputy for the chairman shall act as chairman of the Commission, and shall while he so acts have all the powers and perform all the duties, and may exercise all the jur,isdiction and authority of the chairman.

(c) On any occasion when the member designated to be the deputy for the chairman acts as chairman of the Commission he shall be presumed to have done so with due authority unless and until the contrary is proved.

( 4) Meetings of Commission. The Commission shall meet at such times and places and conduct its business !in such manner as it may decide or as may be prescribed.

At a meeting of the Commission three members one of whom shall be the chairman or deputy chairman shall constitute a quorum.

( 5) Executive Officer, etc. The Governor in Council may appoint a Executive Officer and such other officers of the Commission as he shall from time to time deem necessary, and any officer so appointed shall receive such salary as the Governor in Council thinks fit.

( 6) Commission to be a Commission under Commissions of Inquiry Acts. For the purposes of this Act the Commission shall have and may exercise all or any of the powers, authority, protection, and jurisdiction of a Commission within the meaning of The Commis#ons of Inquiry Acts, 1950 to 1954.

(7) Commiss,ion hearings not public. The proceedings of the Commission shall not be open to the public and any person may be excluded therefrom by order of the Commission.

Heading substituted by Act of 1935, 26 Geo. 5 No. 20, ss. 5, 6.

s. 6 substituted by Act of 1935, 26 Geo. 5 No. 20, ss. 5, 6; as amended by Act of 1952, 1 Eliz. 2 No. 35, s. 2; Act of 1954, 3 Eliz. 2 No. 55, s. 5; Act of 1958, 7 Eliz. 2 No. 11, s. 4; Act of 1961, 10 Eliz. 2 No. 28, s. 5; Act of 1965, No. 9, s. 4; Act of 1973, No. 81, ss. 7, 99 Fifth Sch.; Act of 1979, No. 40, s. 13.

(24)

LIQUOR ACT 1912-1979

6A. Oath of office. Every member of the Commission shall, before entering upon the exercise of his powers or the performance of his duties under this Act, take and subscribe the prescribed oath of office.

The oath of office of the chairman of the Commission shall be taken and subscribed before a Judge of the Supreme Court and the oath of office of the other members shall be taken and subscribed before the said chairman.

The members of the Commission holding office at the date of the passing of The Liquor Acts Amendment Act of 1958 shall within thirty days thereafter take and subscribe the prescribed oath of office.

Inserted by Act of 1958, 7 Eliz. 2 No. 11, s. 5; as amended by Act of 1970, No.3, s. 3.

6B. Declarations of secrecy. ( 1) Every member, the Executive Officer and every other officer of the Commission exercising any power or performing any duty under this Act shall, before entering upon the exercise of his powers or the performance of his duties under this Act, sign a declaration of secrecy in accordance with the prescribed form.

The members, Executive Officer and other officers of the Commission holding office at the date of the passing of The Liquor Acts Amendment Act of 1958 shall within thirty days thereafter sign such a declaration of secrecy.

(2) All declarations of secrecy under this Act shall be lodged with the Executive Officer to the Commission, who shall cause all such declarations to be retained in his office.

(3) For the purposes of this subsection "officer" means any person who is or has been appointed or employed by the State, and who by reason of that appointment or employment or in the course of that employment may acquire or has acquired information respecting the affairs of any other person, disclosed or obtained under the provisions of this Act.

( 4) Subject to this section, a person referred to in subsection one of this section shall not either directly or indirectly except in the performance of any duty as member, Executive Officer, or other officer of the Commis- sion and either while he is or after he ceases to be a member, Executive Officer or other officer of the Commission, as the case may be, make a record of, or divulge or communicate to any person any information concerning the affairs of any person disclosed or obtained under the provisions of this Act.

(5) A member, or the Executive Officer or any other officer of the Commission shall not be required to produce in court any document which has come into his custody or possession by virtue of this Act or divulge or communicate to any court any matter or thing coming under his notice in the performance of his duties under this Act, except when it is necessary to do so for the purpose of carrying into effect the provisions of this Act.

Inserted by Act of 1958, 7 Eliz. 2 No. 11, s. 5; as amended by Act of 1970, No. 3, s. 4; Act of 1973, No. 81, s. 99 Fifth Sch.

(25)

LIQUOR ACT 1912-1979 ss. 7, 8 FUNCTIONS, AUTHORITIES, DUTIES, AND POWERS OF LICENSING

COMMISSION

21

7. Functions etc. of Commission. (1) The Commission shall consider every application referred to it by the Registrar pursuant to section SF and, upon the hearing of the matter of the application by the Licensing Court, shall appear and make to the court its recommendation with respect to the application.

( lA) The Commission, in respect of any other matter before the Licensing Court, may appear before and make to that Court its recommendation with respect thereto.

(2) The Commission shall have such other powers, authorities, functions and jurisdictions and such liabilities, duties, obligations and responsibilities as are conferred or imposed on it by this Act.

Heading substituted by Act of 1935, 26 Geo. 5 No. 20, ss. 5, 6.

s. 7 further substituted 1973, No. 81, s. 8; as amended by Act of 1979, No.

40, s. 14.

8. (1) Jurisdiction of Commission exclusive. Subject to subsection two of this section and to section 8A of this Act, the functions, powers, authorities, and jurisdiction of the Commission shall be exclusive, and every determination, order, or decision of the Commission shall be final and conclusive and shall not be impeachable for any informality or want of form, or be appealed against, reviewed, quashed, or in any way called in question in any court save on the ground that the Commission has exceeded, is exceeding or is about to exceed its jurisdiction under this Act.

Determinations, orders, or proceedings of the Commission shall not be removable by certiorari, and no writ of prohibition shall be issued and no injunction or mandamus shall be granted by any court in respect of or to restrain determinations, orders, or proceedings of the Commission relating to any of its functions, powers, authorities, save on the ground that the Commission has exceeded, is exceeding or is about to exceed its jurisdiction under this Act.

(2) Power of the Governor in Council to rescind determinations and orders of the Commission. (a) The Governor in Council may at any time rescind any determination or order of the Commission and may, in relation to any such rescission, give such directions to the Commission as to him seems meet.

(b) Every determination or order of the Commission rescinded by the Governor in Council shall be absolutely void as from the making of the determination or order as if it had not been made.

( 3) Re-hearing. The Commission may at any time if it thinks fit rehear any matter which has been determined by it.

( 4) Admission to licensed premises by Commission or authorised person. For the purposes of this Act, any member of the Commission or any person authorised by it in writing may enter any licensed premises or any premises in respect of which any permit is granted and in force under this Act at any time by day or night.

(26)

If admittance to such premises be refused or unreasonably delayed after demand made by such member or person as aforesaid, the licensee, or in the case of a permit under this Act then the permittee and every person who wilfully refuses or delays such admission shall be liable to a penalty not exceeding one hundred dollars.

Substituted by Act of 1935, 26 Geo. 5 No. 20, ss. 5, 6; as amended by Act of 1952, 1 Eliz. 2 No. 35, s. 3; Act of 1954, 3 Eliz. 2 No. 55, s. 7; Act of 1958, 7 Eliz. 2 No. 11, s. 6; Act of 1965, No. 9, s. 5.

Decimal currency reference substituted pursuant to section 7 of Decimal Currency Act of 1965.

SA. Appeals from Commission. ( 1) Subject to this section," any person aggrieved by a direction, determination, order or decision of the Commission may appeal against the same to the Licensing Court.

(2) The appeal shall be instituted within fourteen days after the date when the direction, determination, order or decision is given or made by way of written notice stating the nature and grounds of the appeal and served on the Executive Officer..

A copy of such notice of appeal shall be filed forthwith with the Registrar and shall be served on any persons, other than the appellant, required by this Act to be served with notice of the matter in which the direction, determination, order or decision appealed against was given or made.

(3) Within seven days after the institution of an appeal pursuant to this section the appellant shall deposit with the Registr~ the sum of

$100 by way of security for the costs of such appeal.

( 4) The Licensing Court shall, by way of rehearing upon the evidence adduced before the Commission, hear and determine an appeal instituted pursuant to this section and may-

( a) disallow an appeal;

(b) set aside or vary the direction, determination, order or decision appealed from;

(c) make such orders as to costs as it considers just.

( 5) The decision of the Licensing Court upon an appeal instituted pursuant to this section shall be final and conclusive and no appeal shall lie therefrom to any court whatsoever.

Substituted by Act of 1973, No. 81, s. 9.

8B. (Repealed).

Repealed by Act of 1973, No. 81, s. 9.

Sc. Commission may delegate its powers and functions. ( 1) The Commission may either generally or otherwise as provided by the instrument of delegation, by writing under the hand of the chairman, delegate to any member of the Commission all or any of its powers, authorities and functions (other than this power of delegation) under this Act.

(2) A power, authority or function so delegated may be exercised or performed by the delegate in accordance with the instrument of delegation.

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©State of Queensland

LIQUOR ACT 1912-1979

REGULATIONS

INDEX

TABLE OF CONTENTS

PREFATORY NOTE

LIQUOR ACT 1912-1979

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