QLDIn ForceAct
Liquor Act 1992
sec.137BNotice to be given about decision of commissioner
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### sec.137B Notice to be given about decision of commissioner
Within 10 days after the commissioner makes a decision under section 137A (1) or (4) relating to proposed disciplinary action relating to a licence, the commissioner must give written notice of the decision to—
the licensee; and
each interested person to whom notice of the proposed action was given.
However, subsection (1) does not apply to a decision made under section 137A (1) if the commissioner decides to take disciplinary action other than the proposed action or part of the proposed action and the commissioner gives the licensee and each interested person a notice under section 137A (2) .
If the commissioner decides to take the proposed action under section 137A (1) or other disciplinary action under section 137A (4) , the notice must comply with the tribunal Act , section 157 (2) .
The decision takes effect on the later of—
the day the notice is given to the licensee; or
the day of effect stated in the notice.
However, if disciplinary action is taken relating to the licence because of a conviction—
the disciplinary action does not take effect until—
the end of the time to appeal against the conviction; or
if an appeal is made against the conviction—the appeal is finally decided; and
the disciplinary action has no effect if the conviction is quashed.
s 137B ins 2001 No. 39 s 85
amd 2009 No. 24 s 625 ; 2010 No. 51 s 44 ; 2012 No. 25 ss 133 , 144
(sec.137B-ssec.1) Within 10 days after the commissioner makes a decision under section 137A (1) or (4) relating to proposed disciplinary action relating to a licence, the commissioner must give written notice of the decision to— the licensee; and each interested person to whom notice of the proposed action was given.
(sec.137B-ssec.2) However, subsection (1) does not apply to a decision made under section 137A (1) if the commissioner decides to take disciplinary action other than the proposed action or part of the proposed action and the commissioner gives the licensee and each interested person a notice under section 137A (2) .
(sec.137B-ssec.3) If the commissioner decides to take the proposed action under section 137A (1) or other disciplinary action under section 137A (4) , the notice must comply with the tribunal Act , section 157 (2) .
(sec.137B-ssec.4) The decision takes effect on the later of— the day the notice is given to the licensee; or the day of effect stated in the notice.
(sec.137B-ssec.5) However, if disciplinary action is taken relating to the licence because of a conviction— the disciplinary action does not take effect until— the end of the time to appeal against the conviction; or if an appeal is made against the conviction—the appeal is finally decided; and the disciplinary action has no effect if the conviction is quashed.
- (a) the licensee; and
- (b) each interested person to whom notice of the proposed action was given.
- (a) the day the notice is given to the licensee; or
- (b) the day of effect stated in the notice.
- (a) the disciplinary action does not take effect until— (i) the end of the time to appeal against the conviction; or (ii) if an appeal is made against the conviction—the appeal is finally decided; and
- (i) the end of the time to appeal against the conviction; or
- (ii) if an appeal is made against the conviction—the appeal is finally decided; and
- (b) the disciplinary action has no effect if the conviction is quashed.
- (i) the end of the time to appeal against the conviction; or
- (ii) if an appeal is made against the conviction—the appeal is finally decided; and