Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts36. Sections 65E and 66 of the Principal Act are repealed and the following sections and Division substituted:
“65E. Where—
(a) for any reason other than the cancellation of the permit, a permit holder does not conduct any entertainment in respect of which the permit was issued; and
(b) the permit holder gives the permit to the Registrar with a signed statement to the effect that—
(i) the liquor purchased for sale in pursuance of the permit has been returned to each person from whom it was purchased; or
(ii) no liquor was purchased for sale in pursuance of the permit;
the Territory shall pay the permit holder an amount equal to the amount by which the fee paid for the issue of the permit exceeded the minimum fee determined for the purposes of section 62.
“65F. Within 7 days after—
(a) the expiration of the period, or the last period, as the case requires, during which the sale of liquor is authorised by a permit; or
(b) the cancellation of a permit;
the permit holder shall not, without reasonable excuse, fail to return the permit to the Registrar.
Penalty: $1,000.
“66. Where a permit is held for the purposes of a partnership, a reference in this Division to a permit holder is to be read, unless the contrary intention appears, as including a reference to each of the partners who is concerned in, or takes part in, the management of the partnership's business in relation to the permit, whether or not the partner's name appears on the permit.
“66A. (1) The Authority shall cancel a permit if it would be in the public interest to do so.
“(2) For the purposes of this Division, the matters to be considered in determining whether it would be in the public interest to cancel a permit include the following:
(a) whether the permit holder has permitted the premises or place in relation to which the permit is issued to be used so as to cause disturbance or inconvenience to persons occupying premises in the neighbourhood;
(b) whether the permit holder has contravened a provision of this Act;
(c) whether the permit holder has been convicted of a defined offence;
(d) if the permit holder is a body corporate—whether paragraph (b) or (c) applies to a defined influential person in relation to the body.
“66B. (1) Where a person makes a complaint in accordance with subsection (2) about the manner in which the premises specified in a permit are being used, the Registrar shall—
(a) investigate the complaint; and
(b) prepare a written report of the results of the investigation.
“(2) A complaint under subsection (1) shall be—
(a) in writing and signed by the person making the complaint; and
(b) lodged with the Registrar.
“66C. (1) Where the Registrar—
(a) has reasonable grounds for believing that it would be in the public interest to cancel a permit; or
(b) after investigating a complaint under section 66B, is satisfied that the complaint is not frivolous or unreasonable;
the Registrar shall apply to the Authority for the cancellation of the relevant permit.
“(2) Where the Authority has reasonable grounds for believing that it would be in the public interest to cancel a permit, the Authority shall direct the Registrar to apply for the cancellation of the permit.
“(3) In an application, the Registrar shall—
(a) state each ground upon which the application is made;
(b) state the facts relied upon to constitute that ground; and
(c) attach any relevant report under section 66B.
“66D. (1) On application by the Registrar under section 66C, the Authority shall—
(a) if the Authority believes on reasonable grounds that the facts set out in the application and any Registrar's report would not, if proved, establish that it would be in the public interest to cancel a permit—in writing, dismiss the application; or
(b) in any other case—conduct a hearing in relation to the application.
“(2) After conducting a hearing, the Authority shall, in writing—
(a) if satisfied, on reasonable grounds, that it would be in the public interest to do so—cancel the permit; or
(b) in any other case—dismiss the application.”.