South Australian Consolidated Acts South Australian Consolidated Acts (1) A right of appeal
to the Magistrates Court lies against any decision of the Director under
Division 1.
(2) An appeal must be
commenced within 28 days after the appellant receives notice of the decision
appealed against unless the Magistrates Court, in its discretion, allows an
extension of time.
(3) The Magistrates
Court may, on the hearing of the appeal, do one or more of the following,
according to the nature of the case:
(a)
affirm, vary or quash the decision appealed against or substitute, or make in
addition, any decision that the Court thinks fit;
(b)
remit the subject matter of the appeal to the Director for further
consideration;
(c) make
any further or other order as to any other matter that the case requires.
(4) Where the Director
or the Magistrates Court is satisfied that an appeal against a decision of the
Director has been commenced or is intended, the Director or the Court may
suspend the operation of the decision until the determination of the appeal.
(5) Without derogating
from the operation of subsection (4), if an appeal relates to a decision
of the Director—
(a) to
refuse to renew a licence; or
(b) to
refuse to transfer a licence; or
(c) to
cancel a licence,
the Director or the Magistrates Court may order that the licence remain in
force until the determination of the appeal.
(6) The Director or
the Magistrates Court may, in acting under subsection (4) or (5), impose
such conditions as the Director or Court thinks fit.
(7) If a person
contravenes, or fails to comply with, a condition imposed under
subsection (6)—
(a) the
Director or the Magistrates Court may revoke any suspension to which the
condition relates; and
(b) the
person is guilty of an offence.
Penalty: Division 6 fine.