Gaming Casino Racing Lottery







Home


Contact
Links
Search
Site Map
Text Only

Government of SA
   

The Commissioner and the Licensing Court

Email us with your questions


The Division of Responsibilities Between the Commissioner and the Licensing Court

The powers and responsibilities of the licensing authority are divided between the Commissioner and the Court.

The Commissioner is to determine:

(a)

all non‑contested matters

(b)

all contested applications for a limited licence or where the parties choose the Commissioner to determine an application.

If an application is contested the Commissioner must:

make reasonable attempts to achieve agreement between the parties by conciliation: 

(i)

if the differences between the parties are resolved by conciliation, the Commissioner must determine the matter so as to reflect the agreement reached by conciliation; and

(ii)

if the differences between the parties are not resolved by conciliation:

  • if the dispute arises on an application for a limited licence  - the Commissioner must determine the application
  • if the dispute arises on an application (other than a limited licence) and the parties request the Commissioner to determine the application - the Commissioner must determine the application
  • in any other case the Commissioner must refer the matter for hearing and determination by the Court

Power of Commissioner to refer questions to the Court

The Commissioner may refer for hearing and determination by the Court: 

(a)

any proceedings that involve questions of substantial public importance; or

(b)

any question of law that arises in proceedings before the Commissioner; or

(c)

any other matter that should, in the public interest or in the interests of a party to the proceedings, be heard and determined by the Court.

The Court must determine:

(a)

all matters referred for hearing and determination by the Commissioner; and

(b)   

all other matters that are, under some other provision of this Act, to be determined by the Court.  



Also See

The responsibilities of the Commissioner | Proceedings before the Commissioner | Proceedings before the Court



| Disclaimer | Privacy Statement | Copyright |
© Government of South Australia.


Page Last Updated: 4-7-2009
| Email Us |
| Return to top of this page |