The Commissioner and the Licensing Court
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The Division of Responsibilities
Between the Commissioner and the Licensing Court
The powers and responsibilities of the licensing
authority are divided between the
Commissioner and the Court.
The Commissioner is to determine:
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(a)
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all non‑contested matters
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(b)
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all contested applications for a limited licence or where the parties
choose the Commissioner to determine an application.
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If an application is contested the Commissioner must:
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make reasonable attempts to achieve agreement
between the parties by conciliation:
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(i)
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if the differences between the parties are resolved
by conciliation, the Commissioner must determine
the matter so as to reflect the agreement reached
by conciliation; and
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(ii)
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if the differences between the parties are not
resolved by conciliation:
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if the dispute arises on an application for a
limited licence - the Commissioner must determine
the application
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if the dispute arises on an application (other than
a limited licence) and the parties request the
Commissioner to determine the application - the
Commissioner must determine the application
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in any other case the Commissioner must refer the
matter for hearing and determination by the Court
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Power of Commissioner to refer
questions to the Court
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The Commissioner may refer for hearing and
determination by the Court:
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(a)
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any proceedings that involve questions of
substantial public importance; or
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(b)
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any question of law that arises in proceedings
before the Commissioner; or
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(c)
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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.
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The Court must determine:
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(a)
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all matters referred for hearing and determination
by the Commissioner; and
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(b)
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all other matters that are, under some other
provision of this Act, to be determined by the
Court.
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Also See
The
responsibilities of the Commissioner | Proceedings
before the Commissioner | Proceedings
before the Court