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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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licence" may be the most precise way of describing the event of renewal, but the statement contains two concepts, both of which are essential. In one sense a licence as renewed may be said to be new, and it is as result of that character of newness that a lapse in the continuity of the licence does not prevent its renewal. But in another respect it is the same licence: it is not a new and different licence that is granted, but, in certain respects, the same licence that is regranted. If a renewal were nothing but grant of a new licence, the use of the word "renewal" would be radically misleading. Only something that has existed can properly be said to be renewed. That semantic argument is supported by the fact that the Certificate of Renewal, in terms, renews the expired licence, namely, Licence No. 80100446. If, by any means, the conditions of that licence were changed, the change would affect every subsequent renewal of the licence because each renewal would incorporate by reference the licence with the changed t e r m s . The Liquor Act likewise draws a clear distinction in this respect: clearer, I suggest than that drawn by the South Australian Act or by the NT Ordinance of 1939. Except in certain cases,*the act of renewal under the Act is virtually completely formal: "Subject to this Act, the Registrar shall renew a licence where an application is lodged in accordance with subsection (1) upon payment of the fee payable for renewal.": subsection %4(2). (The scheme of the Act was radically amended by Act No.67 of 1989, but we are here 11

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