Liquor (Tribunal) Regulation 2002


Queensland Crest
Liquor (Tribunal) Regulation 2002
Queensland Liquor Act 1992 Queensland Building Tribunal Act 2000 LIQUOR (TRIBUNAL) REGULATION 2002 Reprinted as in force at repeal (1 July 2003) (regulation not amended up to this date) Reprint No. 1A This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy
Information about this reprint This regulation is reprinted as at 1 July 2003. This page is specific to this reprint. See previous reprint for information about earlier changes made under the Reprints Act 1992. A table of reprints is included in the endnotes. Also see endnotes for information about when provisions commenced. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, hard copy and electronic, are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If a hard copy reprint is dated earlier than an electronic version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of a hard copy reprint is the same as the date shown for an electronic version previously published, it merely means that the electronic version was published before the hard copy version. Also, any revised edition of the previously published electronic version will have the same date as that version. Replacement reprint date If the date of a hard copy reprint is the same as the date shown on another hard copy reprint it means that one is the replacement of the other.
Queensland LIQUOR (TRIBUNAL) REGULATION 2002 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 PART 2—PROVISIONS RELATING TO TRIBUNAL 3 Witness fees and expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Applications or matters for Queensland Building Tribunal Act 2000, s 26C(9) ................................................ 4 5 Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 5 APPLICATIONS OR MATTERS FOR QUEENSLAND BUILDING TRIBUNAL ACT 2000, SECTION 26C(9) SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 6 FEES ENDNOTES 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 2 Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . 7 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
s1 3 s3 Liquor (Tribunal) Regulation 2002 LIQUOR (TRIBUNAL) REGULATION 2002 [reprinted as in force on 1 July 2003] PART 1—PRELIMINARY 1 Short title This regulation may be cited as the Liquor (Tribunal) Regulation 2002 . 2 Commencement This regulation commences on 6 December 2002. PART 2—PROVISIONS RELATING TO TRIBUNAL 3 Witness fees and expenses (1) For section 27(3)(a) 1 of the Act, the witness fees and expenses are the following— (a) an attendance allowance of $49 for each day or part of a day; (b) a travelling allowance; (c) an accommodation allowance. (2) If the person travels to and from the Tribunal by air and it is reasonable in the circumstances to travel by air, the travelling allowance is the amount payable for economy class air travel by the person to and from the Tribunal. (3) If subsection (2) does not apply, the travelling allowance is— 1 Section 27 (Summons to witnesses) of the Act
s4 4 s5 Liquor (Tribunal) Regulation 2002 (a) the amount actually and properly paid for fares for public transport to and from the Tribunal; or (b) if there is no public transport available—$10 for each day or part of a day plus an amount worked out at the rate of 40 cents a kilometre travelled. (4) If the person is required to attend at the Tribunal for more than 1 day and it is not reasonably practicable for the person to return to the person’s place of residence on any day on which the person is required to attend at the Tribunal, the accommodation allowance is $90 for each overnight stay. 4 Applications or matters for Queensland Building Tribunal Act 2000, s 26C(9) (1) The applications or matters for the Queensland Building Tribunal Act 2000 , section 26C(9), 2 definition “prescribed application or matter” are stated in schedule 1. (2) However, the presiding case manager may not, under section 26A(1) 3 of the Act, consider or give directions about the following— (a) striking out a matter or proceeding on the ground that it is frivolous or vexatious; (b) staying a decision of the chief executive; (c) giving leave to adduce new evidence under section 35A 4 of the Act. 5 Fees (1) The fees payable under the Act in relation to the Tribunal are stated in schedule 2. (2) The chairperson, deputy chairperson or presiding case manager may waive the fee payable by an appellant under schedule 2, item 2(b) if the chairperson, deputy chairperson or presiding case manager is satisfied payment of the fee would cause financial hardship to the appellant. 2 Queensland Building Tribunal Act 2000 , section 26C (Presiding case manager’s power to deal with particular applications to central tribunals) 3 Section 26A (Directions) of the Act 4 Section 35A (Tribunal may give leave for appeal to be based on new evidence and related matters) of the Act
5 Liquor (Tribunal) Regulation 2002 SCHEDULE 1 APPLICATIONS OR MATTERS FOR QUEENSLAND BUILDING TRIBUNAL ACT 2000, SECTION 26C(9) section 4 1. An application made to, or matter before, the Tribunal to the extent necessary— (a) to decide whether it has jurisdiction, under section 21(1)(a), (b), (c) or (e) 5 of the Act, to hear and decide a particular appeal; or (b) to decide whether to permit amendment of a document under section 26(1)(d) 6 of the Act; or (c) to hold a conference under section 26A(1) 7 of the Act; or (d) to decide whether to give leave under section 34(4)(c) or (6) 8 of the Act. 5 Section 21 (Jurisdiction and powers of Tribunal) of the Act 6 Section 26 (Powers of Tribunal in proceedings) of the Act 7 Section 26A (Directions) of the Act. See also section 4(2). 8 Section 34 (Arranging the hearing of appeal) of the Act
6 Liquor (Tribunal) Regulation 2002 SCHEDULE 2 FEES section 5 $ Summons to witness 1. Application for a notice under section 27(1) of the Act 23.00 Filing notice of appeal 2. Filing notice of an appeal under section 31(2) of the Act— (a) for an appellant who has a direct or indirect financial interest in licensed premises that may be affected by the outcome of the appeal . . . . . . 200.00 (b) for any other appellant . . . . . . . . . . . . . . . . . . . . 50.00
7 Liquor (Tribunal) Regulation 2002 ENDNOTES 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). However, no amendments have commenced operation on or before that day. 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = order in council = omitted = original = page = paragraph = preceding = present = previous Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No.[X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised edition = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered
8 Liquor (Tribunal) Regulation 2002 4 Table of reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of reprints, see the reprint with the latest effective date. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. TABLE OF REPRINTS Reprint No. 1 1A Amendments included none none Effective 6 December 2002 1 July 2003 Notes 5 List of legislation Liquor (Tribunal) Regulation 2002 SL No. 326 made by Governor in Council on 5 December 2002 notfd gaz 6 December 2002 pp 1162–6 ss 1–2 commenced on date of notification remaining provisions commenced 6 December 2002 (see s 2) rep 1 July 2003 (rep 2003 SL No. 144 s 12) 6 List of annotations PART 3—AMENDMENT OF LIQUOR REGULATION 2002 pt 3 (ss 6–8) om R1 (see RA ss 7(1)(k) and 40) © State of Queensland 2003