Div 4Proceedings before the Commissioner

Division 4—Proceedings before the Commissioner 18—Proceedings before the Commissioner In proceedings under this Act, the Commissioner— (a) must act without undue formality; and (b) is not bound by the rules of evidence but may inform himself or herself on any matter as the Commissioner thinks fit. 19—Powers of Commissioner with respect to witnesses and evidence (1) The Commissioner may exercise the following powers: (a) by summons, require any person to attend before the Commissioner at a time and place specified in the summons for the purpose of giving evidence relevant to proceedings before the Commissioner; (b) by summons, require the production of records; (c) inspect records, and take copies of, or extracts from, them; (d) require any person to take an oath or affirmation verifying evidence given, or to be given, before the Commissioner; (e) require any person appearing before the Commissioner to answer a question put by the Commissioner or some other person. (a) having been served with a summons to attend before the Commissioner fails, without reasonable excuse, to attend in obedience to the summons; or (b) having been served with a summons to produce records fails, without reasonable excuse, to comply with the summons; or (c) refuses to be sworn or to affirm, or to answer a relevant question when required to do so by the Commissioner, 20—Representation (1) A party to, or another person involved in, proceedings before the Commissioner, other than proceedings relating to an application under Part 4 in relation to which the Commissioner has determined not to hold a hearing, may appear in those proceedings— (b) by counsel; or (c) if the party or other person is a member of a genuine association formed to promote or protect the interests of a section of the liquor industry, or employees in the liquor industry—by an officer or employee of that association; or (d) if the party or other person is a trust or corporate entity—by an officer or employee of the entity; or (e) with the permission of the Commissioner—by any other person. (2) The Commissioner of Police may be represented in proceedings (other than proceedings relating to an application under Part 4 in relation to which the Commissioner has determined not to hold a hearing) before the Commissioner by a police officer. 21—Power of Commissioner to refer questions to the Court (1) Without limiting anything in Part 4 Division 13, the Commissioner may refer for hearing and determination by the Court— (a) any proceedings that involve questions of substantial public importance; or (b) any question of law that arises in proceedings before the Commissioner; or (c) any other matter that should, in the public interest or in the interests of a party to the proceedings, be heard and determined by the Court. (2) Subsection (1)(a) and (c) does not apply to an application to which section 52 applies that relates to a small venue licence. 22—Application for review of Commissioner's decision (1) Subject to subsection (3), the following persons may apply to the Court for a review of a decision of the Commissioner in relation to an application for or in relation to a licence under Part 4: (a) in the case of a decision of the Commissioner where the Commissioner held a hearing in respect of the application—a person involved in the hearing; (b) in the case of a decision of the Commissioner relating to a designated application (other than a decision of a kind referred to in paragraph (a))— (i) the applicant; or (ii) if the Commissioner of Police intervened or made written submissions in relation to the application—the Commissioner of Police; or (iii) any other person who made written submissions relating to the application; (c) in any other case— (i) the applicant; or (ii) the licensee (in a case where the licensee is not the applicant); or (iii) if the Commissioner of Police intervened or made written submissions in relation to the application—the Commissioner of Police; or (iv) any other person with the permission of the Court. (2) Subject to subsection (3)— (a) a party to any other proceedings before the Commissioner under this Act who is dissatisfied with a decision made by the Commissioner in the proceedings may apply to the Court for a review of the Commissioner's decision; and (b) a licensee who is dissatisfied with a decision made by the Commissioner under section 43(1) in circumstances in which there were no proceedings before the Commissioner may apply to the Court for a review of the Commissioner's decision. (3) If the Commissioner's decision relates to a subject on which the Commissioner has an absolute discretion, the decision, insofar as it was made in the exercise of that discretion, is not reviewable by the Court. (4) Despite subsection (3)— (a) an applicant for, or in relation to, a small venue or short term licence who is dissatisfied with a decision of the Commissioner in relation to the applicant's application may apply to the Court for a review of the decision; and (b) the Commissioner of Police may apply to the Court for a review of the Commissioner's decision to grant an application for, or in relation to, a small venue or short term licence. (5) A review on application by the Commissioner of Police under subsection (1) or (4)(b) is limited to whether a particular person is a fit and proper person, or whether the Commissioner's decision is contrary to the public interest. (6) An application for review of a decision of the Commissioner must be made within 1 month after the applicant for the review receives notice of the decision or a longer period allowed by the Court. (7) A review is in the nature of a rehearing. (8) On a review, the Court may exercise any 1 or more of the following powers: (a) affirm, vary or quash the decision subject to the review; (b) make any decision that should, in the opinion of the Court, have been made in the first instance; (c) refer a matter back to the Commissioner for rehearing or reconsideration; (d) make any incidental or ancillary order.