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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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would not have arisen under the Liquor Act. His Honour perceived that injustice would follow unless he adopted a construction of which he thought the Ordinance was susceptible and that would obviate that injustice. He said: "I find it difficult to accept the proposition that the holder of a licence can be forced into the position of applying for a grant of an original licence, not a renewal, by force of circumstances beyond his control, for example, pressure of court business. If the intention of the legislation was to cause his licence to terminate on the expiration of 14 days after the third Tuesday in March one would expect to find such an expression of intention in clear and unequivocal terms. Section 21 is not in those terms.": pll7. Section 21 of the 1939 Ordinance provided: "Every licence, other than a special licence, shall (a) without regard to the date thereof, commence and take effect from the day on which it is actually issued by the Clerk; (b) if not previously forfeited, be in force until the expiration of a period of fourteen days immediately following the next succeeding annual sittings of the Court, but no longer." In my opinion. Sharp v Wakefield and Others [1891] AC 173 referred to by Gallop J is just the kind of case that has to be carefully scrutinised before a statement found in it is given a generality it was never intended to have. Their Lordships were concerned with the question whether licensing justices had a discretion to refuse to renew a licence on certain grounds. It was part of the ratio decidendi that a renewed licence partook of the character of an originally granted licence to the extent that matters that might be considered by the licensing justices upon an application for an original grant might also be considered upon a renewal

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