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Submission Sessional Committee on the Use and Abuse of Alcohol by the Community 051 Pitjantjatjara Council Inc



Submission Sessional Committee on the Use and Abuse of Alcohol by the Community 051 Pitjantjatjara Council Inc

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Tabled Paper 271


Tabled Papers for 6th Assembly 1990 - 1994; Tabled Papers; ParliamentNT




Tabled by Eric Poole


Made available by the Legislative Assembly of the Northern Territory under Standing Order 240. Where copyright subsists with a third party it remains with the original owner and permission may be required to reuse the material.




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of a new licence", to consider why it was made. Otherwise there is a real danger of being seduced into playing interesting but useless word games. What does it mean to say that to renew a licence is equivalent to re-granting the licence? For what purpose was that statement made? If it was made for other than the purpose for which it is presently sought to use it, it may be mischievous to use it here. What is the form of the legislation in relation to which the statement was made? If it is materially different from the legislation here being considered, it may be mischievous to apply it. These are some of the questions to be considered. < > I think one should be cautious not to elevate an interpretation put on a statute for a particular purpose to the status of a universally true proposition. It would indeed be ironical if a construction especially devised in order to avoid a particular injustice should be allowed to become the instrument of injustice in other circumstances. The Master relied upon Regina v Central Australia District licensing Court; Ex parte Glen Pines Pty Ltd and Another (1978) 20 ALR 112 where Gallop J made observations about the Licensing Ordinance 1939 (NT). His Honour said that the renewal of an existing licence has, on the authorities, been regarded as a regrant of a new licence: pll7. His Honour stated what seems to have been his main reason for so finding: see pi17, line23 et seq. A full comparative analysis is not warranted, but the

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