Div 5Proceedings before the Court

Division 5—Proceedings before the Court 22A—Time and place of sittings (1) The Court may sit at any time (including a Sunday). (2) The Court may sit at any place (either within or outside the State). (3) The Court will sit at such times and places as the Licensing Court Judge may direct. 22B—Adjournment from time to time and place to place The Court may— (a) adjourn proceedings from time to time and from place to place; or (b) adjourn proceedings to a time, or a time and place, to be fixed; or (c) order the transfer of proceedings from place to place. 22C—Hearing in public (1) Subject to this and any other Act, proceedings before the Court must be heard in public. (2) The Court may, at any stage of the proceedings on its own initiative or on the application of a party, give directions— (a) requiring particular persons to withdraw from a hearing before the Court, or excluding particular persons from a hearing before the Court, so that it may be conducted in private; or (b) prohibiting or restricting the publication of evidence given before the Court or of the contents of any document produced to the Court. (3) A person must comply with a direction of the Court under subsection (2). 23—Proceedings before the Court In proceedings before the Court (under this Act or any other Act) the Court— (a) must act without undue formality; and (b) is not bound by the rules of evidence but may inform itself on any matter as it thinks fit. 24—Powers with respect to witnesses and evidence (1) The Court may exercise any of the following powers: (a) by summons, require any person to attend before the Court at a time and place specified in the summons to give evidence relevant to proceedings before the Court; (b) by summons, require the production of records; (c) inspect records, and take copies of, or extracts from, them; (d) require any person to take an oath or affirmation verifying evidence given, or to be given, before the Court; (e) require any person appearing before it to answer a question put by the Court or some person appearing before the Court. (1a) If the Court requires the attendance before it of any person who is held in custody in the State, the Court may— (a) issue a summons requiring the custodian to produce that person before the Court at a nominated time and place; or (b) issue a warrant authorising the sheriff, or a police officer, to take the person from the custodian and bring him or her before the Court. (a) having been served with a summons to attend before the Court fails, without reasonable excuse, to attend in obedience to the summons; or (b) having been served with a summons to produce records fails, without reasonable excuse, to comply with the summons; or (ba) misbehaves before the Court, wilfully insults the Court, or wilfully interrupts the proceedings of the Court; or (c) refuses to be sworn or to affirm, or to answer a relevant question when required to do so by the Court, (3) A summons may be issued on behalf of the Court, on the application of any party to proceedings before the Court, by— (a) a Judge. 24A—Entry and inspection of property (1) The Court may enter any land or building and carry out any inspection that the Court considers relevant to a proceeding before the Court. (2) A person who obstructs the Court in the exercise of a power of entry or inspection under this section is guilty of an offence. 24B—Injunctive remedies (1) If there are reasonable grounds to believe that a person is about to contravene or to fail to comply with a provision of this Act or a condition of a licence, the Court has jurisdiction to order the person to refrain from the contravention or non‑compliance. (2) A person who contravenes or fails to comply with an order under subsection (1) commits a contempt of the Court. 24C—Punishment of contempts (1) A contempt of the Court is a summary offence punishable by a maximum fine of $10 000 or imprisonment for a maximum term of 6 months. (2) The jurisdiction to deal with an offence against subsection (1) is vested in the Court. (3) If a contempt is committed in the face of the Court, the matter may be dealt with immediately (without the necessity of laying a charge or other formality) and the Court may proceed to convict and fine the offender as it thinks fit. 25—Representation (1) A party to proceedings before the Court may appear in the proceedings— (b) by counsel; or (c) if the party is a member of a genuine association formed to promote or protect the interests of a particular section of the liquor industry, or employees in the liquor industry—by an officer or employee of that association; or (d) if the party is a trust or corporate entity—by an officer or employee of the entity; or (e) with the permission of the Court—by any other person. (2) The Commissioner of Police may be represented in proceedings before the Court by a police officer. 25A—Intervention by Commissioner The Commissioner may intervene in proceedings before the Court under this Act for the purpose of introducing evidence, or making representations, on any question before the Court. 26—Power to award costs If the Court is of the opinion that a person acted unreasonably, frivolously or vexatiously in bringing or in relation to the conduct of proceedings, the Court may make an award of costs against the person. 27—Appeal from orders and decisions of the Court (1) A party to proceedings before the Court may, with the permission of the Court of Appeal, appeal against any order or decision of the Court. (2) However, no appeal lies against— (a) an order or decision of the Court made on a review of a decision of the Commissioner under this or some other Act; or (b) an order or decision of the Court excluded from appeal under a provision of this or some other Act. (3) An appeal must be commenced within the time, and in accordance with the procedure, prescribed by rules of the Supreme Court. (4) An appeal under this section must be heard and determined by the Court of Appeal. (5) On an appeal under this section, the Court of Appeal may— (a) affirm, vary or quash the order or decision subject to the appeal; (b) make any order or decision that should, in the opinion of the Court of Appeal, have been made in the first instance; (c) remit the subject matter of the appeal for further hearing by the Court; (d) make any incidental or ancillary order. 28—Reference of question of law The Court may refer a question of law for determination by the Court of Appeal.