LIQUOR ACT 1982 - SECT 10 Constitution of the court on appeal

This legislation has been repealed.

LIQUOR ACT 1982 - SECT 10

10 Constitution of the court on appeal

(1) For the purpose of hearing and determining an appeal to the court under this or any other Act, the Licensing Court of New South Wales is constituted by:

(a) 3 or more licensing magistrates, or

(b) if the Chairperson so directs--2 licensing magistrates sitting with a Magistrate (other than a licensing magistrate) appointed by the Chairperson,

none of whom constituted, or was a member of, the court from the adjudication of which the appeal lies.

(2) Where the court is constituted as provided by subsection (1):

(a) the Chairperson shall preside if he or she is sitting,

(b) the Deputy Chairperson shall preside if he or she is sitting and the Chairperson is not, or

(c) where neither the Chairperson nor the Deputy Chairperson is sitting, the magistrate nominated for the purpose by the Chairperson shall preside.

(3) Where the court is constituted as provided by subsection (1) and there is a difference of opinion among the members of the court, the opinion of the majority is the opinion of the court and, where there is an equality of votes, the presiding magistrate has a casting vote as well as a deliberative vote.

(4) A signed opinion of a member of the court sitting as constituted under this section may be delivered by any licensing magistrate, whether or not the licensing magistrate who delivers the opinion is the magistrate, or one of the magistrates, who signed the opinion.