36AReview by Authority of certain decisions

#### 36A Review by Authority of certain decisions 36A Review by Authority of certain decisions > > (1) In this section— > > > > reviewable decision means— > > > > > (a) any of the following decisions of the Secretary under the [Liquor Act 2007](/view/html/inforce/current/act-2007-090)— > > > > > > > (i) a decision under Part 4, Division 1A, Subdivision 2 to impose a condition on a licence or to vary or revoke any such condition, > > > > > > > (ia) a decision under section 47K to impose, vary or revoke an end date or eligibility criteria, > > > > > > > (ii) a decision under section 72J to give a direction relating to the operation of a “sale on other premises” authorisation, > > > > > > > (iii) a decision under section 75 to issue an improvement notice relating to licensed premises, > > > > > > > (iv) a decision under section 81 in relation to a disturbance complaint, > > > > > > > (v) a decision under section 87 to make a late hour entry declaration, > > > > > > > (vi) a decision under section 90 to vary or revoke a late hour entry declaration, > > > > > > > (vii) a decision under section 101 to restrict or prohibit the sale or supply of undesirable liquor products, > > > > > > > (viia) a decision under section 102A to restrict or prohibit activities that encourage misuse or abuse of liquor, > > > > > > > (viii) a decision under section 102 to restrict or prohibit the undesirable promotion of liquor, > > > > > > > (viiia) a decision of the Secretary under section 116B(4) to designate licensed premises as a high risk venue, > > > > > > > (ix) a decision under section 136 to give a direction to contribute to the costs of promoting or giving effect to a local liquor accord, > > > > > > > (ixa) a decision under section 136E to impose a condition on a licence requiring a licensee to participate in a precinct or community event liquor accord, > > > > > > > (x) a decision under section 136F to give a direction to contribute to the costs associated with the operation of a precinct liquor accord, or > > > > > (b) a decision of the Secretary to give a direction under section 44A (Location of gaming machines in venues) of the [Gaming Machines Act 2001](/view/html/inforce/current/act-2001-127), or > > > > > (c) a decision of the Secretary to give a direction to a registered club under the Registered Clubs Accountability Code within the meaning of the [Registered Clubs Act 1976](/view/html/inforce/current/act-1976-031), or > > > > > (c1) a decision under section 34A to give a gaming and liquor licensee, or an employee or agent of a gaming and liquor licensee, a written direction, > > > > > (d) a decision of a designated Public Service employee, or other Public Service employee, acting under a delegation given by the Authority in respect of an application made under a provision of the gaming and liquor legislation prescribed by the regulations for the purposes of this section (delegated decision). > > > (2) Subject to subsection (2A), any person who is aggrieved by a reviewable decision may, in accordance with the regulations and on payment of such fee as may be prescribed by the regulations, apply in writing to the Authority for a review of the decision. > > > (2A) An application for a review of a delegated decision may only be made by— > > > > > (a) an applicant for, or the holder of, a gaming or liquor licence, or > > > > > (b) a person— > > > > > > > (i) who was required to be notified of the application the subject of the delegated decision, and > > > > > > > (ii) who made a submission to the Authority or the Secretary in respect of that application. > > > (3) An application for such a review does not operate to stay the reviewable decision unless the Authority otherwise directs. > > > (4) In determining an application for review under this section, the Authority may— > > > > > (a) confirm the decision the subject of the application, or > > > > > (b) vary the decision, or > > > > > (c) revoke the decision. > > > (5) However, in the case of a review of a decision of the Secretary under section 136F of the [Liquor Act 2007](/view/html/inforce/current/act-2007-090), the Authority may vary or revoke the Secretary’s decision only if the Authority is satisfied that the amount of the contribution directed to be paid was not determined in accordance with the terms of the relevant precinct liquor accord (within the meaning of that Act). > > > (6) The Secretary is to give effect to any decision of the Authority under this section to vary or revoke the decision the subject of the application for review. > > > (7) The Authority may not make any decision in relation to an application for review under this section unless a member of the Authority who is or has been a Judge, or has been an Australian lawyer for at least 7 years, is present at the meeting of the Authority or the committee of the Authority at which the decision of the Authority is made. > > **s 36A:** Ins 2011 No 72, Sch 4 \[14\]. Am 2013 No 76, Sch 3; 2014 No 3, Sch 3.1; 2014 No 76, Sch 2 \[3\] \[20\] \[21\]; 2015 No 56, Sch 1 \[18\]–\[21\]; 2017 No 20, Sch 2.2 \[2\]; 2018 No 10, Sch 3; 2023 No 53, Sch 1\[5\] \[6\]; 2025 No 73, Sch 2\[10\]–\[12\].