Page 4139 - Week 09 - Thursday, 26 August 2010

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(4) If the applicant does not comply with a requirement under subsection (3), the commissioner may refuse to consider the application.

(5) The commissioner must, not later than the required time—

(a) decide the application; and

(b) tell the licensee about the decision on the application.

(6) In this section:

required time means the latest of the following:

(a) if the commissioner requires the applicant to give the commissioner additional information or documents under subsection (3) (a)—90 days after the day the commissioner receives the information or documents;

(b) if the commissioner requires the applicant to allow the commissioner to inspect the premises under subsection (3) (b)—90 days after the day the commissioner inspects the premises;

Note Failure to issue the exemption within the required time is taken to be a decision not to issue the exemption (see ACT Civil and Administrative Tribunal Act 2008, s 12).

Proposed new clause 128 (4)

Page 109, line 13—

insert

(4) This section does not apply to a confidential provision of a risk assessment management plan.

Note Confidential provision, of a risk-assessment management plan—see s 90 (2) (b).

Proposed new clause 128A

Page 109, line 13—

insert

128A Offence—disclose confidential provision of risk assessment management plan

(1) A person commits an offence if the person discloses to another person a confidential provision of a risk-assessment management plan for licensed premises or permitted premises.

Maximum penalty: 10 penalty units.

(2) This section does not apply to the disclosure of a confidential provision if the disclosure is necessary for the exercise of a function under this Act or another law in force in the Territory.

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