Reviewable decisions
Schedule 3 Reviewable decisions
[s. 172O(2)]
[Heading inserted: No. 20 of 2025 s. 121.]
Division 1 — Reviewable decisions under Part 3 (Licences and permits)
[Heading inserted: No. 20 of 2025 s. 121.]
1. Decisions about licences (other than occasional licences)
A decision by the Director to —
grant or refuse an application for —
a licence; or
the removal of a licence; or
approval of the transfer of a licence;
or
impose, vary or cancel a condition of a licence; or
suspend a licence.
In subclause (1) —
licence does not include an occasional licence.
[Clause 1 inserted: No. 20 of 2025 s. 121.]
2. Decisions about long‑term extended hours permits
A decision by the Director to —
grant or refuse an application for a long‑term extended hours permit; or
impose, vary or cancel a condition of, or vary, a long‑term extended hours permit; or
suspend a long‑term extended hours permit.
In subclause (1) —
long‑term extended hours permit means an extended trading permit issued (or to be issued) —
for the purposes referred to in section 60(4)(g); and
for a specified period exceeding 3 weeks.
[Clause 2 inserted: No. 20 of 2025 s. 121.]
3. Decisions not to approve appointment of trustees of unincorporated bodies
A decision by the Director under section 35A(3) not to approve the appointment of a person as a trustee to hold a licence on behalf of an unincorporated body of persons.
[Clause 3 inserted: No. 20 of 2025 s. 121.]
4. Decisions to replace tavern restricted licence with small bar licence
A decision by the Director under section 41B(3) to —
cancel a tavern restricted licence; and
grant a small bar licence.
[Clause 4 inserted: No. 20 of 2025 s. 121.]
5. Decisions to replace special facility licence with another licence
A decision by the Director under section 46B(2) to —
cancel a special facility licence; and
grant a licence of another class (with or without an extended trading permit).
[Clause 5 inserted: No. 20 of 2025 s. 121.]
6. Decisions about conditional grants and removals of licences
A decision by the Director under section 62 relating to the conditional grant or removal of a licence.
[Clause 6 inserted: No. 20 of 2025 s. 121.]
7. Imposition of conditions and penalties following contravention of licence conditions
A decision by the Director under section 64(7)(a), following the contravention of a condition of a licence, to impose a more restrictive condition in relation to the licence.
A decision by the Director under section 64(7)(b), following the contravention of a condition of a licence, to impose on the licensee a monetary penalty.
[Clause 7 inserted: No. 20 of 2025 s. 121.]
8. Decisions about petrol stations and packaged liquor
A decision by the Director to refuse an application for an order under section 65A(3).
[Clause 8 inserted: No. 20 of 2025 s. 121.]
9. Decisions about alterations or redefinitions of licensed premises
A decision by the Director under section 77(4) to approve, or not to approve —
a proposed alteration of licensed premises; or
the redefinition of licensed premises.
[Clause 9 inserted: No. 20 of 2025 s. 121.]
10. Decisions about interim authorisations
A decision by the Director under section 86 in relation to an interim authorisation.
Without limiting subclause (1) —
a decision by the Director under section 86(2)(b) or (c), (3)(b) or (c), (5) or (6) to approve, or not to approve, a person to carry on the business of a licensee;
a decision by the Director under section 86(4)(b) to acknowledge that a disability will be regarded as a permanent disability;
a decision by the Director under section 86(10) to deem a licence to have been suspended.
[Clause 10 inserted: No. 20 of 2025 s. 121.]
11. Decisions about business continuity orders
A decision by the Director under section 87 in relation to a business continuity order.
Without limiting subclause (1) —
a decision by the Director to grant, or refuse to grant, a business continuity order;
a decision by the Director to impose, vary or cancel a term or condition in relation to a business continuity order;
a decision by the Director under section 87(6)(a) to suspend the operation of a licence;
a decision by the Director under section 87(7) to cancel a business continuity order granted under section 87(1)(c).
[Clause 11 inserted: No. 20 of 2025 s. 121.]
12. Decisions in disputes about leases
A decision by the Director under section 89(a) to suspend the operation of a licence.
A decision by the Director under section 89(b) to grant a business continuity order.
[Clause 12 inserted: No. 20 of 2025 s. 121.]
Division 2 — Reviewable decisions under Part 4 (Conduct of business)
[Heading inserted: No. 20 of 2025 s. 121.]
13. Decisions about managers’ approvals
In this clause —
manager’s approval has the meaning given in section 102A.
A decision by the Director under section 102B(1) not to approve a natural person as —
an approved unrestricted manager; or
an approved restricted manager.
A decision by the Director under section 102C to impose or vary conditions on a manager’s approval.
A decision by the Director under section 102D(1)(a) to specify a later day on which a manager’s approval takes effect.
A decision by the Director under section 102D(2) not to renew a manager’s approval.
A decision by the Director under section 102F(2) to revoke, suspend, or impose conditions on, a manager’s approval.
A decision by the Director under section 102G to cancel a manager’s approval.
[Clause 13 inserted: No. 20 of 2025 s. 121.]
14. Decisions about approving profit sharing agreements and arrangements
A decision by the Director under section 104(3) not to approve an agreement or arrangement under which a person other than the licensee may participate in the proceeds of the business carried on under a licence.
[Clause 14 inserted: No. 20 of 2025 s. 121.]
15. Decisions about lodgers’ accommodation
A decision by the Director under section 105(3) not to approve a location at which a person who is accommodated is taken to be a lodger.
[Clause 15 inserted: No. 20 of 2025 s. 121.]
16. Lodgers’ guests
A decision by the Director under section 106(1)(b) to approve the number of adult guests of a lodger at a time liquor is consumed.
A decision by the Director under section 106(3) to impose a condition relating to adult guests of lodgers.
[Clause 16 inserted: No. 20 of 2025 s. 121.]
17. Decisions about barring notices
A decision by the Commissioner of Police under section 115AA(2) to give a person a barring notice in respect of licensed premises, but only if the barring notice has effect for —
3 months or more; or
a shorter period that, when added to the period of any barring notice previously given to the person in respect of the premises or premises of the particular class (as the case requires), results in the person being prohibited from those premises or that class of premises for a period of more than 3 months in any 12‑month period.
[Clause 17 inserted: No. 20 of 2025 s. 121.]
18. Determination of complaints about licensed premises
A decision by the Director under section 117 to —
determine a matter referred to in a complaint (other than by dismissal under section 117(3b)); or
make an order (including an interim order); or
do anything referred to in section 117(5) otherwise than by an order.
[Clause 18 inserted: No. 20 of 2025 s. 121.]
Division 3 — Reviewable decisions under Part 5A (Prohibition orders)
[Heading inserted: No. 20 of 2025 s. 121.]
19. Decisions about prohibition orders
A decision by the Director under Part 5A relating to the making, variation or revocation of a prohibition order.
Without limiting subclause (1) —
a decision by the Director under section 152E(1)(a) to make a prohibition order;
a decision by the Director under section 152E(1)(b) to refuse an application for a prohibition order;
a decision by the Director under section 152E(4) to specify terms and conditions in a prohibition order;
a decision by the Director under section 152J(1)(a) to vary or revoke a prohibition order;
a decision by the Director under section 152J(1)(b) to refuse an application for the variation or revocation of a prohibition order.
[Clause 19 inserted: No. 20 of 2025 s. 121.]
Division 4 — Reviewable decisions under Part 5AA (Protected entertainment precincts)
[Heading inserted: No. 20 of 2025 s. 121.]
20. Decisions about reviewable short‑term exclusion orders
A decision by a police officer, or the Commissioner of Police, under Part 5AA Division 2 relating to the making or variation of, or the refusal of an application for the revocation of, a reviewable short‑term exclusion order, but only if the order is in effect.
Without limiting subclause (1) —
a decision by a police officer under section 152ND(1) to make a reviewable short‑term exclusion order, but only if the order is in effect;
a decision by the Commissioner of Police under section 152NF(4)(a) (including a decision referred to in section 152NV(2)(a)) to vary a reviewable short‑term exclusion order on application, but only if the order is in effect;
a decision by the Commissioner of Police under section 152NF(4)(b) to refuse an application for the variation or revocation of a reviewable short‑term exclusion order, but only if the order is in effect;
a decision by the Commissioner of Police under section 152NF(5) to vary a reviewable short‑term exclusion order on the Commissioner’s own initiative, but only if the order is in effect.
In subclauses (1) and (2) —
reviewable short‑term exclusion order, in respect of a person, means a short‑term exclusion order that has a duration of —
3 months or more; or
a shorter period that, when added to the period of any short‑term exclusion order previously made in respect of the person, results in the person being prohibited from entering or remaining in protected entertainment precincts for a period of 3 months or more in any 6‑month period.
[Clause 20 inserted: No. 20 of 2025 s. 121.]
21. Decisions about extended exclusion orders
A decision by the Director under Part 5AA Division 3 relating to the making, variation or revocation of an extended exclusion order.
Without limiting subclause (1) —
a decision by the Director under section 152NM(1)(a) to make an extended exclusion order on application;
a decision by the Director under section 152NM(1)(b) to refuse an application for an extended exclusion order;
a decision by the Director under section 152NM(5) to specify terms and conditions in an extended exclusion order;
a decision by the Director under section 152NR(2)(a) (including a decision referred to in section 152NV(2)(b)) to vary or revoke an extended exclusion order on application;
a decision by the Director under section 152NR(2)(b) to refuse an application for the variation or revocation of an extended exclusion order;
a decision by the Director under section 152NS(1) to vary or revoke an extended exclusion order on the Director’s own initiative.
[Clause 21 inserted: No. 20 of 2025 s. 121.]
Division 5 — Reviewable decisions under Part 5C (Banned drinkers)
[Heading inserted: No. 20 of 2025 s. 121.]
22. Police decisions about banned drinker orders
A decision by a police officer, or the Commissioner of Police, under Part 5C Division 2 or 4, relating to the making, extension or revocation of a banned drinker order.
Without limiting subclause (1) —
a decision by a police officer to make a banned drinker order under any of the following provisions —
section 152YE(1);
section 152YF(1)(a);
section 152YF(2)(a);
section 152YF(3)(a);
a decision by the Commissioner of Police under section 152YJ(1)(a) to refuse an application to revoke a banned drinker order;
a decision by a police officer under section 152YV(1) to extend a banned drinker order.
[Clause 22 inserted: No. 20 of 2025 s. 121.]
23. Director’s decisions about banned drinker orders
A decision by the Director under Part 5C Division 4 relating to the making, extension or revocation of a banned drinker order.
Without limiting subclause (1) —
a decision by the Director under section 152YR(2) to make a banned drinker order;
a decision by the Director under section 152YR(3) to refuse an application for a banned drinker order;
a decision by the Director under section 152YU(1)(a) to extend a banned drinker order on application;
a decision by the Director under section 152YU(1)(b) to extend a banned drinker order on the Director’s own initiative;
a decision by the Director under section 152YW(1)(a) to revoke a banned drinker order on application;
a decision by the Director under section 152YW(1)(b) to revoke a banned drinker order on the Director’s own initiative.
[Clause 23 inserted: No. 20 of 2025 s. 121.]
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