172ZAre Commission meetings and inquiries open to the public?

172Z Are Commission meetings and inquiries open to the public? (1) The Commission may conduct meetings and inquiries in public or private. (2) However, an inquiry conducted for the purposes of making a finding or a determination relating to any of the following matters must be conducted in public unless the Commission determines, under subsection (3), that there are special circumstances requiring that the inquiry or part of it should be conducted in private— (a) a liquor licence application if an objection, on the grounds of either amenity or harm under section 38, 40 or 41(1)(b), is lodged in accordance with the requirements of this Act; (b) a late hour entry declaration for an area or locality under section 58B; (c) a disciplinary action inquiry under section 91; (d) an inquiry into amenity or disuse under section 94. (3) The Commission may direct that an inquiry or part of it be conducted in private if the Commission considers that special circumstances of a kind specified in paragraph (a) or (b) exist— (a) to prevent the unreasonable divulgence of information relating to the personal affairs of any person (including a deceased person); or (b) it is otherwise in the interests of justice or the public interest to do so. (4) The Commission must advise that the Commission is conducting an inquiry in public by notice published on the Internet site of the Commission. (5) In the notice published under subsection (4), the Commission must— (a) specify the type of inquiry being conducted; and (b) specify the date, time and place of the inquiry. Division 5—Liquor inspectors S. 172ZA inserted by No. 26/2022 s. 22. 172ZA Appointment (1) The Chairperson may, by instrument, appoint as a liquor inspector for the purposes of this Act and the regulations a person employed under Part 3 of the **Public Administration Act 2004** who, in the Chairperson's opinion— (a) is competent to perform the functions of an inspector; and (b) is of good reputation, having regard to character, honesty and integrity. (2) Unless the Chairperson considers that there are special circumstances, the Chairperson cannot appoint as a liquor inspector a person who is, or at any time in the previous 2 years has been, the subject of a disqualification determination under section 93D. S. 172ZB inserted by No. 26/2022 s. 22. 172ZB Criminal records check (1) The Commission may require a person under consideration for appointment as a liquor inspector to consent to having the person's photograph, finger prints and palm prints taken. (2) The Commission must refer a copy of any photograph, finger prints and palm prints and any supporting documentation to the Chief Commissioner of Police. (3) The Chief Commissioner of Police must inquire into and report to the Commission on matters relating to whether the person under consideration is of good repute, having regard to character, honesty and integrity. (4) The Chief Commissioner of Police must ensure that— (a) any copies of photographs, finger prints and palm prints and any supporting documentation received under subsection (2) are destroyed— (i) within 28 days after they are no longer required in connection with the Chief Commissioner's inquiry and report under subsection (3); or (ii) no later than 6 months from the date they were received— whichever is the earlier; and (b) the person to whom they relate is notified of the destruction as soon as practicable. (5) The Chairperson must ensure that— (a) any photographs, finger prints or palm prints taken under subsection (1) are destroyed— (i) within 28 days after they are no longer required in connection with the consideration of the person's appointment as a liquor inspector; or (ii) no later than 6 months from the date they were taken— whichever is the earlier; and (b) the person to whom they relate is notified of the destruction as soon as practicable. S. 172ZC inserted by No. 26/2022 s. 22. 172ZC Functions and powers of liquor inspectors (1) A liquor inspector has the following functions— (a) any functions conferred on a liquor inspector under this Act or the regulations; (b) any other functions conferred on a liquor inspector under any other Act or regulations made under any other Act. (2) A liquor inspector has all the powers necessary to perform the inspector's functions. (3) Without limiting subsection (2), a liquor inspector may— (a) with the approval of the Commission, bring proceedings for offences against this Act or the regulations; and (b) appear personally or be represented by an Australian lawyer in any proceedings the liquor inspector has become involved in as a consequence of performing the functions of a liquor inspector. S. 172ZD inserted by No. 26/2022 s. 22. 172ZD Identity cards (1) A liquor inspector is not authorised to perform the functions of a liquor inspector unless the liquor inspector is in possession of an identity card in the form approved by the Chairperson. (2) The identity card must bear a photograph and the name and signature of the liquor inspector. (3) In the course of performing a function as a liquor inspector, a liquor inspector must, if requested to do so by a person affected by the performance of that function, produce the liquor inspector's identity card for inspection by the person, unless to do so would defeat the purpose for which the function is to be performed. Pt 9B (Headings and ss 172ZE–172ZK) inserted by No. 26/2022 s. 22. Part 9B—Investigations and inquiries of Commission Division 1—Investigations S. 172ZE inserted by No. 26/2022 s. 22. 172ZE General power of investigation (1) For the purposes of performing its functions or exercising its powers under this Act or the regulations, the Commission may carry out investigations. (2) An investigation under this Division may include (but is not limited to) an investigation of any or all of the following— (a) a person who, in the opinion of the Commission, is a regulated person; (b) the conduct and practices of a person referred to in paragraph (a); (c) a person who, in the opinion of the Commission, could affect the exercise of functions in or in relation to the conduct of the operations of a regulated person under a licence or BYO permit; (d) a person who, in the opinion of the Commission, could be in a position to exercise direct or indirect control over a regulated person, in relation to functions in or in relation to the conduct of operations under a licence or BYO permit; (e) any contravention or suspected contravention of this Act; (f) matters relevant to the functions, powers or duties of the Commission or the operation of this Act or the regulations. (3) An investigation under this Division may include making an enquiry of a preliminary nature. ***regulated person*** means— (a) a licensee or permittee; or (b) a responsible person; or (c) a member of the committee of management of a licensee or permittee (if it is a club); or (d) a nominee of the licensee or permittee (if it is a club); or (e) a person who, directly or indirectly, is concerned in or takes part in the management of licensed premises; or (f) an applicant for a licence or BYO permit; or (g) a person who carries on a business specified under sections 6A to 6D. Division 2—Inquiries Subdivision 1—Inquiries generally S. 172ZF inserted by No. 26/2022 s. 22. 172ZF Inquiries by Commission (1) The Commission may conduct an inquiry for the purposes of performing its functions or exercising its powers under this Act or the regulations. (2) At least one commissioner must preside at an inquiry. (3) When conducting an inquiry for the purposes of performing its functions under section 172D(1)(a), (b), (c) or (d), the Commission is taken to be a board appointed by the Governor in Council and Division 5 of Part I (including section 21A) of the **Evidence (Miscellaneous Provisions) Act 1958**, as in force immediately before the repeal of that Division, applies accordingly. (4) If a sessional commissioner has been appointed for a specific matter, that sessional commissioner must sit on any inquiry in relation to that matter. (5) When the Commission is conducting an inquiry for the purposes of a function referred to in section 172T(2)(b), the commissioner who initiated the inquiry may sit on the inquiry. S. 172ZG inserted by No. 26/2022 s. 22. 172ZG Conduct of inquiry Subject to this Act and the regulations, the Commission may conduct any inquiry in any manner the Commission considers appropriate. For provisions of this Act to which this section is subject, see, for example, sections 172W(3) and 172ZF(3). Subdivision 2—Community interest inquiries S. 172ZH inserted by No. 26/2022 s. 22. 172ZH Community interest inquiries (1) The Commission may determine that an inquiry it is proposing to, or must, conduct is a community interest inquiry. (2) In making a determination under subsection (1), the Commission must have regard to the subject matter of the proposed inquiry and the functions and powers it will perform or exercise for the purposes of that inquiry. (3) If directed to do so by the Minister, the Commission must conduct a community interest inquiry into any matter specified by the Minister that is relevant to the administration of this Act or the regulations. (4) A direction made by the Minister under subsection (3) must be in writing. S. 172ZI inserted by No. 26/2022 s. 22. 172ZI Procedure for community interest inquiries (1) The Commission must conduct a community interest inquiry in public. (2) In conducting a community interest inquiry, the Commission may— (a) determine the area or locality in the State to which the inquiry relates; and (b) call for submissions from interested organisations and members of the public; and (c) consult with persons or bodies the Commission considers appropriate and seek submissions from those persons and bodies. (3) The Commission must advise that a community interest inquiry is being conducted by the Commission— (a) by notice published in the Government Gazette; and (b) by notice published on the Commission's Internet site; and (c) if the inquiry relates to a particular area or locality—by notice published in a newspaper (whether printed or published by electronic communication) circulating in the area or locality to which the inquiry relates. (4) The Commission must— (a) in the notices required to be published under subsection (3), invite the public to make submissions to the Commission in relation to the community interest inquiry within the time specified in those notices; and (b) set out the manner and form in which submissions may be made. (5) All submissions made to the Commission that— (a) relate to the subject matter of the community interest inquiry; and (b) are made within the time, manner and form specified by the Commission in the notices required to be published under subsection (3)— must be considered by the Commission before the community interest inquiry is concluded. S. 172ZJ inserted by No. 26/2022 s. 22. 172ZJ Minister may require interim report (1) The Minister may, in writing, request the Commission to provide an interim report, within a time specified by the Minister, on any community interest inquiry being conducted by the Commission before the inquiry is concluded. (2) An interim report made by the Commission and given to the Minister under subsection (1) may be made orally or may be in writing. S. 172ZK inserted by No. 26/2022 s. 22. 172ZK Final report to be provided to Minister (1) At the conclusion of a community interest inquiry, the Commission must give the Minister a report on the outcomes of the inquiry. (2) A report made by the Commission and given to the Minister under subsection (1) must be in writing.