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Liquor Licensing Act 1997
Div 2The Licensing Court of South Australia
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Division 2—The Licensing Court of South Australia
12—Continuation of Court
The Licensing Court of South Australia continues in existence.
13—Court to be court of record
The Court is a court of record.
13A—Seal
(1) The Court will have such seals as are necessary for the transaction of its business.
(2) A document apparently sealed with a seal of the Court will, in the absence of evidence to the contrary, be taken to have been duly issued under the authority of the Court.
14—Constitution of the Court
(1) The Court is constituted of—
(a) the Licensing Court Judge; or
(b) some other District Court Judge, or former District Court Judge, with authority to exercise the jurisdiction of the Court.
(2) The Court, separately constituted of different Judges, may sit at the same time to hear and determine separate proceedings.
15—Judges
(1) The Governor may, by proclamation—
(a) designate a District Court Judge as the Licensing Court Judge; or
(b) confer on other District Court Judges, or former District Court Judges, authority to exercise the jurisdiction of the Court; or
(c) vary or revoke a proclamation under this section.
(2) If a proclamation under subsection (1)(a) or (b) so provides, it lapses at the end of a specified period.
(3) The Licensing Court Judge is responsible for the administration of the Court.
(4) If the Licensing Court Judge is absent or unable to act, another Judge of the Court nominated by the Governor will act in the office of the Licensing Court Judge.
(5) The Licensing Court Judge may delegate any power or function under this Act to another Judge of the Court.
(6) A delegation under subsection (5) is revocable at will and does not derogate from the power of the Licensing Court Judge to act himself or herself in any matter.
(7) A Judge has the same privileges and immunities from liability as a Judge of the Supreme Court.
15A—Registrar
(1) A person may be appointed to be the Registrar of the Court on a basis determined by the Minister.
(2) The office of Registrar may be held in conjunction with another office or position.
16—Jurisdiction of the Court
The Court has the jurisdiction conferred on it by this Act or any other Act.
16A—Rules
(1) Rules of court may be made under this Act to regulate the practice and procedure of the Court and to provide for any other matter necessary or expedient for the effective and efficient operation of the Court.
(2) The power to make rules under this section includes the power to make rules in respect of any jurisdiction conferred on the Court by another Act.
(3) Rules of the Court may be made by the Licensing Court Judge.
(4) Rules of the Court take effect as from the date of publication in the Gazette or a later date specified in the rules.