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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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Here, again, was a particular problem not unlike the one with which Gallop J had to deal in the Glen Pines Case. If "renewal" were merely a synonym for "continuation", a licence once lapsed could not be renewed (at least by a Bench not vested with power to make retroactive orders for renewal). I do not think that Ex parte Castles touches the question whether a licence "re-granted" by renewal can be affected by a defect in the licence that preceded it. Napier J, speaking of the Licensing Act 1917 (SA), rejected a submission that a renewal of a licence is in truth a new licence saying "the Act drawls a clear distinction between the grant of a new licence and the renewal of an old licence.": White v Thomas [1932] State Reports 66 at p69. The Liquor Act draws several distinctions between original grants of licences and renewals of licences. In the present case, the renewal of the licence of Erldunda Motel Pty Ltd by the Commission was in a form which by implication supposed the continued existence of the conditions of the licence no. 80100446. That renewal did not take the form of a licence: it is a brief document headed "CERTIFICATE OF LICENCE RENEWAL". The body of the document is in the following form: "LICENCE NUMBER 80100446 TRADING AS DESERT OAKS MOTEL IS HEREBY RENEWED UNTIL 12.00MIDNIGHT ON 31/07/90" % Faucett J's words that renewal was the "re-granting of the

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