Liquor (Evidence on Appeals) Amendment Bill 2006* (Qld)

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Queensland

Liquor (Evidence on Appeals) Amendment Bill 2006

Queensland

Liquor (Evidence on Appeals) Amendment Bill 2006

Contents Page 1 Shorttitle 2.0... eee 4 2 Actamended ........... 00sec cece ete teen eee 4 3 Amendment of s 34 (Arranging the hearing of appeal) ........ 4 4 Insertion of newS 35 2... ee 4 35 Appeal is by way of rehearing .................. 4

A Bill

for An Act to amend the Liquor Act 1992

Clause

Clause

Clause

Clause

sl

4 s4 Liquor (Evidence on Appeals) Amendment Bill 2006

The Parliament of Queensland enacts—

Short title

This Act may be cited as the Liquor (Evidence on Appeals) Amendment Act 2000.

Act amended

This Act amends the Liguor Act 1992.

Amendment of s 34 (Arranging the hearing of appeal)

d)

(2)

Section 34(1)— omit. Section 34(2) and (3)—

renumber as section 34(1) and (2).

Insertion of new s 35

After section 34—

insert—

Appeal is by way of rehearing

'(D)

(2)

An appeal to the tribunal against a decision of the chief executive is by a rehearing on the evidence that was before the chief executive.

However, the tribunal may give leave to adduce fresh, additional or substituted evidence (the new evidence) if the tribunal is satisfied—

(a) the new evidence should have been before the chief executive; or

(b) the party asking to adduce the new evidence did not know, and could not reasonably be expected to have known, of the existence of the new evidence on or before the day the chief executive's decision was made; or

RW

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'3)

(4)

(5)

5 s4 Liquor (Evidence on Appeals) Amendment Bill 2006

(c) in the special circumstances of the case, it would be unfair not to allow the party to adduce the new evidence.

For subsection (2)(a), evidence that should have been before the chief executive may include, for a decision on an application to which section 116 applies—