Div 1The Commissioner and staff

Division 1—The Commissioner and staff 8—Liquor and Gambling Commissioner (1) The office of Liquor and Gambling Commissioner continues. (2) The Commissioner is responsible to the Minister for the administration of this Act. (3) The Commissioner is to be a Public Service employee. 9—Inspectors and other officers (1) The Commissioner's staff consists of the inspectors and other officers necessary to assist the Commissioner in the administration and enforcement of this Act and any other Acts under which the Commissioner exercises functions and powers. (2) The Commissioner must provide each inspector with a certificate of identity and an inspector must, at the request of a person in relation to whom the inspector has exercised, or intends to exercise, powers under an Act, produce that certificate. 10—Delegation (1) The Commissioner may delegate powers or functions (under this Act or any other Act or instrument) to any person. (2) A delegation under this section— (a) may be absolute or conditional; and (b) does not derogate from the power of the Commissioner to act personally in any matter; and (c) is revocable at will; and (d) may, if the instrument of delegation so provides, be further delegated. 11—Disclosure of information The Commissioner may disclose information gained in the course of the administration of this Act— (a) to authorities responsible for the administration of liquor licensing laws in other States and Territories of the Commonwealth; and (b) to any other authorities that may require the information for the purpose of discharging duties of a public nature; and (c) if the information is disclosed in a form that does not identify the person to whom it relates—to any other person, or in any other way, the Commissioner (in the exercise of an absolute discretion) considers appropriate in the public interest. 11AA—Publication of determinations—confidential information If the Commissioner publishes a determination made under this Act, the Commissioner may exclude from publication information that the Commissioner considers to be— (a) personal information of a confidential nature; or (b) information that has a commercial or other value that would be, or could reasonably be expected to be, destroyed or diminished if the information were published; or (c) information the publication of which would, or could reasonably be expected to, prejudice the commercial position of a person or confer a commercial advantage on a person; or (d) information the publication of which— (i) would otherwise be contrary to the public interest; or (ii) would be inappropriate for such other reason as the Commissioner thinks fit. 11A—Codes of practice (1) For the purposes of this Act, the Commissioner may, by notice in the Gazette, publish a code of practice that has been approved by the Minister. (2) Without limiting the matters that may be included in a code of practice, a code of practice may include measures that can reasonably be considered appropriate and adapted to the furtherance of the objects of this Act. (2a) The Commissioner may include provisions in a code of practice that declare whether a contravention of, or failure to comply with, a provision of the code is to be expiable for the purposes of section 45. (3) A code of practice may— (a) be of general or limited application; and (b) vary in operation according to factors stated in the code; and (c) provide for the granting by the Commissioner of exemptions (conditional or unconditional) from specified provisions of the code. (3a) The Commissioner may include provisions in a code of practice that— (a) declare whether contravention or failure to comply with a provision of the code is a category A, B, C or D offence for the purpose of section 45; and (b) if the offence is to be expiable—declare whether the offence is a category A, B, C or D expiable offence for the purposes of that section. (4) The Commissioner may, by subsequent notice in the Gazette, vary or revoke a code of practice. (4a) The Commissioner must, before making or varying a code of practice, undertake consultation (in such manner as the Commissioner thinks fit) with persons or bodies that the Commissioner is satisfied represent the interests of licensees affected by the proposed code or variation. (5) A notice published in the Gazette under this section may come into operation on the day on which it is published or on a later day or days specified in the notice. (6) Sections 10 and 10A of the Subordinate Legislation Act 1978 apply to a notice published in the Gazette under this section as if it were a regulation within the meaning of that Act. (7) A person is, in relation to the performance of a prescribed function under a code of practice, exempt from the operation of the Security and Investigation Industry Act 1995. 11B—Review of codes of practice (1) The Minister must cause a review of the operation of any codes of practice published under section 11A to be conducted immediately following the first anniversary of the commencement of this section. (2) A review under subsection (1) must be completed, and a report on the results of the review provided to the Minister, within 6 months after the first anniversary of the commencement of this section. (3) The Minister must, within 12 sitting days after receipt of a report, cause copies of the report to be laid before each House of Parliament. 11C—Steps to avoid conflict with planning system The Commissioner should— (a) in the development and implementation of a code of practice; or (b) in the assessment of an application for a licence under this Act; or (c) in the imposition of conditions under this Act, take reasonable steps to avoid any inconsistency with, or the duplication of, matters that are dealt with or addressed under the Planning, Development and Infrastructure Act 2016.