sec.209BALong-term closure of premises by magistrate

sec.209BA Long-term closure of premises by magistrate

A magistrate may, on the application of the chief executive, make an order that stated premises be closed for a stated period of not more than 1 year (a long-term closure order ) if the magistrate is satisfied that— illicit tobacco or illicit nicotine products have been, or are likely to be, supplied or possessed at the premises as part of a business activity; or a business is being carried on at the premises in a way that involves a contravention of section 65 . In deciding whether to make a long-term closure order the magistrate may have regard to— previous enforcement action taken in relation to the premises; and whether the order will impact the ability of the community to access essential goods and services; and any other matter the magistrate considers appropriate. The application may be made regardless of whether a short-term closure order is, or has been, in effect in relation to the premises under section 209B . The application must be served on— the person apparently in charge of the premises, if any; and the lessor of the premises, if any. The long-term closure order must be— served on the person apparently in charge of the premises, if any; and posted in a conspicuous place— for premises that are fixed premises—at the entrance to the premises; or for premises that are mobile premises— on the mobile premises; or at the entrance to fixed premises that are connected to the business carried on at the mobile premises. Subsections (4) and (5) (a) do not apply if the chief executive is satisfied it is not reasonably practicable to serve the document mentioned in the subsection. s 209BA ins 2025 No. 27 s 24 (sec.209BA-ssec.1) A magistrate may, on the application of the chief executive, make an order that stated premises be closed for a stated period of not more than 1 year (a long-term closure order ) if the magistrate is satisfied that— illicit tobacco or illicit nicotine products have been, or are likely to be, supplied or possessed at the premises as part of a business activity; or a business is being carried on at the premises in a way that involves a contravention of section 65 . (sec.209BA-ssec.2) In deciding whether to make a long-term closure order the magistrate may have regard to— previous enforcement action taken in relation to the premises; and whether the order will impact the ability of the community to access essential goods and services; and any other matter the magistrate considers appropriate. (sec.209BA-ssec.3) The application may be made regardless of whether a short-term closure order is, or has been, in effect in relation to the premises under section 209B . (sec.209BA-ssec.4) The application must be served on— the person apparently in charge of the premises, if any; and the lessor of the premises, if any. (sec.209BA-ssec.5) The long-term closure order must be— served on the person apparently in charge of the premises, if any; and posted in a conspicuous place— for premises that are fixed premises—at the entrance to the premises; or for premises that are mobile premises— on the mobile premises; or at the entrance to fixed premises that are connected to the business carried on at the mobile premises. (sec.209BA-ssec.6) Subsections (4) and (5) (a) do not apply if the chief executive is satisfied it is not reasonably practicable to serve the document mentioned in the subsection.