QLDIn ForceAct
Liquor Act 1992
sec.173ESImmediate suspension of approval to operate ID scanning system
Start here
Get a plain-English read of sec.173ES
Turn the raw legal text into a practical explanation grounded in Liquor Act 1992.
### sec.173ES Immediate suspension of approval to operate ID scanning system
This section applies if, for an approval to operate an ID scanning system—
any of the following apply—
the commissioner is satisfied the approved operator has contravened a provision of division 3 or a condition of the approval;
the commissioner is satisfied the approved operator has operated an ID scanning system to which an approved ID scanner in regulated premises is linked, and the ID scanning system has not been approved;
the commissioner is no longer satisfied about the matters stated in section 173EQ (4) ; and
harm may be caused to members of the public if urgent action to suspend the approval is not taken.
Section 173ER (2) applies for deciding about a matter stated in section 173EQ (4) .
The commissioner may immediately suspend the approval by written notice to the approved operator.
The commissioner must, when giving written notice under subsection (3) , give the approved operator a notice under section 173ER (3) .
If the commissioner decides to suspend or revoke the approval, section 173ER (5) to (7) applies for the suspension or revocation.
If the commissioner decides not to revoke the approval, the commissioner must give the approved operator notice of the decision.
The approval is suspended under this section until the earlier of the following happens—
the commissioner gives the approved operator a notice of the commissioner’s decision under subsection (6) or section 173ER (5) ;
the end of 60 days after the notice under subsection (3) was given to the person.
s 173ES ins 2014 No. 42 s 74
(sec.173ES-ssec.1) This section applies if, for an approval to operate an ID scanning system— any of the following apply— the commissioner is satisfied the approved operator has contravened a provision of division 3 or a condition of the approval; the commissioner is satisfied the approved operator has operated an ID scanning system to which an approved ID scanner in regulated premises is linked, and the ID scanning system has not been approved; the commissioner is no longer satisfied about the matters stated in section 173EQ (4) ; and harm may be caused to members of the public if urgent action to suspend the approval is not taken.
(sec.173ES-ssec.2) Section 173ER (2) applies for deciding about a matter stated in section 173EQ (4) .
(sec.173ES-ssec.3) The commissioner may immediately suspend the approval by written notice to the approved operator.
(sec.173ES-ssec.4) The commissioner must, when giving written notice under subsection (3) , give the approved operator a notice under section 173ER (3) .
(sec.173ES-ssec.5) If the commissioner decides to suspend or revoke the approval, section 173ER (5) to (7) applies for the suspension or revocation.
(sec.173ES-ssec.6) If the commissioner decides not to revoke the approval, the commissioner must give the approved operator notice of the decision.
(sec.173ES-ssec.7) The approval is suspended under this section until the earlier of the following happens— the commissioner gives the approved operator a notice of the commissioner’s decision under subsection (6) or section 173ER (5) ; the end of 60 days after the notice under subsection (3) was given to the person.
- (a) any of the following apply— (i) the commissioner is satisfied the approved operator has contravened a provision of division 3 or a condition of the approval; (ii) the commissioner is satisfied the approved operator has operated an ID scanning system to which an approved ID scanner in regulated premises is linked, and the ID scanning system has not been approved; (iii) the commissioner is no longer satisfied about the matters stated in section 173EQ (4) ; and
- (i) the commissioner is satisfied the approved operator has contravened a provision of division 3 or a condition of the approval;
- (ii) the commissioner is satisfied the approved operator has operated an ID scanning system to which an approved ID scanner in regulated premises is linked, and the ID scanning system has not been approved;
- (iii) the commissioner is no longer satisfied about the matters stated in section 173EQ (4) ; and
- (b) harm may be caused to members of the public if urgent action to suspend the approval is not taken.
- (i) the commissioner is satisfied the approved operator has contravened a provision of division 3 or a condition of the approval;
- (ii) the commissioner is satisfied the approved operator has operated an ID scanning system to which an approved ID scanner in regulated premises is linked, and the ID scanning system has not been approved;
- (iii) the commissioner is no longer satisfied about the matters stated in section 173EQ (4) ; and
- (a) the commissioner gives the approved operator a notice of the commissioner’s decision under subsection (6) or section 173ER (5) ;
- (b) the end of 60 days after the notice under subsection (3) was given to the person.