Service, publication and disclosure of prohibition orders
152K Service, publication and disclosure of prohibition orders
In this section —
personal particulars, in relation to a prohibition order, means —
the name and date of birth of the relevant person; and
a photograph of the relevant person; and
the address of the relevant person; and
the licensed premises, or class of licensed premises, to which the order relates;
secure webpage means a page on a website that is accessible only by —
the licensee or occupier of licensed premises; or
a manager of licensed premises; or
a prescribed person, a person belonging to a prescribed class of persons or a person in a prescribed circumstance.
If the Director makes a prohibition order, the Director is to give a copy of the order —
to the relevant person; and
if the order is made under section 152E(2)(a) and the Director is aware that the relevant person is employed by a licensee at licensed premises to which the order applies — to the licensee.
If a prohibition order is in effect, the Director may —
publish on a secure webpage any of the personal particulars in relation to the order; and
if the relevant person in relation to the order is not a juvenile — publish, in any manner the Director considers appropriate, any of the following in relation to the order —
the name of the relevant person;
a photograph of the relevant person;
the town or suburb where the relevant person lives;
the licensed premises, or class of licensed premises, to which the order relates.
If a prohibition order is in effect, the Director may disclose any of the personal particulars in relation to the order to —
a public authority if the Director considers that the personal particulars are required by that authority for a purpose relating to the administration or enforcement of this Act or another written law; or
a prescribed person, or a person belonging to a prescribed class of persons, if the Director considers that the personal particulars are required by that person for a purpose relating to —
the further provision of the personal particulars to responsible persons in relation to licensed premises to assist those responsible persons to identify persons subject to prohibition orders; or
the creation or provision of equipment, software, databases or any other thing to be used by responsible persons in identifying persons subject to prohibition orders.
Subsections (2A) and (2AA) do not permit the publication or disclosure of anything that identifies, or is capable of identifying —
a juvenile other than the relevant person; or
the details of any offence of which the relevant person was convicted in the Children’s Court.
A person may republish in any manner something that has been published under subsection (2A)(b).
Subject to subsections (2E), (2F) and (2G), a person who discloses information or a photograph that the person has obtained from the secure webpage referred to in subsection (2A)(a), or from a disclosure under subsection (2AA), commits an offence.
Penalty for this subsection: a fine of $10 000.
Subsection (2D) does not apply to information or a photograph that has also been published under subsection (2A)(b).
A responsible person in relation to licensed premises does not commit an offence under subsection (2D) if —
the responsible person discloses the information or photograph in the performance of duties relating to the person’s work on the licensed premises; or
the responsible person discloses the information or photograph to another responsible person in relation to the licensed premises for the purposes of enabling the second responsible person to perform duties relating to that second person’s work on the licensed premises.
A person to whom information or a photograph has been disclosed under subsection (2AA)(a) or (b) does not commit an offence under subsection (2D) if they disclose the information or photograph for a purpose referred to in subsection (2AA)(a) or (b) (as the case requires).
If the Director makes an order varying or revoking a prohibition order, the Director is to give a copy of the order to the applicant and the respondent.
[Section 152K inserted: No. 73 of 2006 s. 97; amended: No. 56 of 2010 s. 32; No. 44 of 2022 s. 15.]
This provision refers to the regulations (prescribed person
, prescribed class
). Made under this Act:
- Liquor Control (Bayulu Restricted Area) Regulations 2013
- Liquor Control (Bungardi Restricted Area) Regulations 2017
- Liquor Control (Cheeditha Restricted Area) Regulations 2012
28 more instruments made under this Act are listed on the Act’s overview.
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